Case law

Opinion No.

Arkansas Attorney General Reports · Apr 29, 2005

The commissioners' qualifications are established by law. A.C.A. § 14-88-301 (a). And clearly, both district commissioners and assessors exercise some part of the state's sovereign power. … This statute clearly applies to the MRID, which you report was formed in 1980.

Opinion No.

Arkansas Attorney General Reports · Aug 23, 2004

This fact is important when discussing whether additional early voting polling places can be established as well in Marion and Newton Counties. … Again, the statutes relating to early voting do not clearly address the situation at hand.

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2011

The focus in locating such organizations in terms of the constitutional proscription is on whether they qualify as "public" institutions. … As established in McCutchen , 14 it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified

Opinion No.

Arkansas Attorney General Reports · May 28, 1993

Even though the circuit judge determined that these materials qualified as personnel records, he ordered their release after concluding that their disclosure would not constitute a clearly unwarranted invasion of personal … longer contains a generally applicable privacy exemption, the supreme court has recognized a constitutional right to `disclosural privacy' which, under certain circumstances, outweighs the right of access to public records established

Opinion No.

Arkansas Attorney General Reports · Mar 30, 2004

RESPONSE If by "deed this property" you mean "donate," I believe the answer to this question is clearly "no." Ark. Const. art. 12 , § 5 . … Helena-West Helena Industrial Development Corp., 226 Ark. 620 , 625-26 , 291 S.W.2d 802 (1956) "establishes beyond all question that a municipality cannot contribute to a private, nonprofit corporation regardless of whether

Opinion No.

Arkansas Attorney General Reports · Feb 28, 2000

I do not know, for instance, whether the developer attempted in the plats or any original bill of assurances to qualify the extent of the conveyed easement. … not indicated and I will not speculate who owns fee title to the dedicated property, but, assuming the property was platted and sold subject to an unrestricted easement, the public, as incarnated in the city government, clearly

Opinion No.

Arkansas Attorney General Reports · Mar 15, 2005

Given that the subjects of the request are all city employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Jan 24, 2001

However, A.C.A. § 17-38-304 (f) clearly establishes that a full-term, formal apprenticeship is not an invariable condition precedent to one's applying to become a journeyman plumber: The Committee of Plumbing Examiners shall … To my mind, these provisions verge on flatly contradicting those of A.C.A. §§ 17-38-304 (d) and (f) on a matter totally apart from the question of whether the SPAC or the SCPE may determine who is qualified to apply for a

Opinion No.

Arkansas Attorney General Reports · Jan 23, 1990

bonds, levy the tax for no longer than twenty-four (24) months, and appropriate the resulting revenues, subject to the Arkansas Constitution, Article 12 , Section 4 , paragraphs 2 through 4 , provided: (1) A majority of the qualified … The statute above seems to clearly contemplate that the money collected from the sales tax be distributed either to the county or the municipality, "as the case may be", but not to each per capita.

Opinion No.

Arkansas Attorney General Reports · Jul 19, 2007

Given that the subject of the request is a state employee, I believe the records at issue clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Jul 30, 2010

qualify as "public records" under this definition. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Jan 10, 1991

Because the ATRS did not have personnel qualified to manage the complex, it retained the services of a local property management firm. Your three questions relating to these facts are as follows: 1. … It is my opinion that the answer to your first question is clearly "yes".

Opinion No.

Arkansas Attorney General Reports · Sep 9, 2004

In my opinion, an alderman would clearly qualify as a "public servant" subject to this statute. … It is an established maxim that penal provisions are strictly construed and that "[n]othing will be taken as intended which is not clearly expressed and all doubts must be resolved in favor of the defendant." Bennett v.

Opinion No.

Arkansas Attorney General Reports · Sep 11, 2006

State law clearly vests the district court judge with some authority in appointing, controlling and directing the work of the clerks. Cf. Op. … The district judge clearly has hiring and firing authority pursuant to A.C.A. § 16-17-106 . But in my opinion, this does not establish the judge as the final policymaker on employment matters.

Opinion No.

Arkansas Attorney General Reports · Dec 16, 1999

CARE OF THE INMATE, EXCEPT WHERE THE INMATES ARE USED FOR HIGHWAY CONSTRUCTION; PROVIDING THAT INMATES ENTRUSTED TO ACC OR OTHER AUTHORIZED ENTITY MAY BE EMPLOYED AT ANY SUITABLE EMPLOYMENT EXCEPT OPERATING PUBLIC RETAIL ESTABLISHMENTS … Additionally, if it is contemplated that any state funds will flow to ACC or any other entity entrusted with inmates, I believe this should be clearly stated.

Opinion No.

Arkansas Attorney General Reports · Dec 20, 2007

Given that you are city employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. … Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish that his "privacy interests outweighed that of the public's under the circumstances presented

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Article 7 , § 47 of the Arkansas Constitution provides: The qualified electors of each township shall elect the constable for the term of two years, who shall be furnished by the presiding judge of the county court with a … XX, § 16; accord A.C.A. § 14-14-1306 . 1 It would clearly run afoul of the Constitution for a quorum court to restrict the field of potential candidates for this position by imposing any further training qualifications.

Opinion No.

Arkansas Attorney General Reports · Mar 3, 2006

TO OWN AND OPERATE SEVEN CASINO GAMING ESTABLISHMENTS ONE EACH IN SEBASTIAN, PULASKI, GARLAND, MILLER, CRITTENDEN, BOONE AND JEFFERSON COUNTIES; AND TO ESTABLISH THE ARKANSAS EDUCATIONAL TRUST FUND AND THE ARKANSAS GAMING … As a consequence, these issues must be clearly delineated prior to their accurate summarization in a ballot title for your measure.

Opinion No.

Arkansas Attorney General Reports · Sep 28, 2007

Can the county election commission establish the position? If not, can some other county officer establish the position? … Clearly the doctrine applies to "offices" held, but it is unclear whether it also applies to mere "employments." See Thompson v.

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2007

Pursuant to Amendment 79, a qualifying individual who purchases property will be entitled to have its assessed *Page 2 value frozen as of the date of purchase. … Const. amend. 79 , § (1)(d)(1)(A) clearly trumps what might otherwise be the effect of A.C.A. § 26-26-1120 (b). As the court noted in Gravett v.