Case law

Opinion No.

Arkansas Attorney General Reports · Apr 2, 2004

It establishes requirements with respect to employee work attendance and attendance records, areas clearly falling within the Quorum Court's local legislative authority, assuming no conflict with policies that bear uniquely … This of course assumes that the "deputized" employees would, in fact, thereby qualify as law enforcement officers.

Opinion No.

Arkansas Attorney General Reports · Feb 7, 1997

Although A.C.A. § 14-37-103 (a) establishes the general rules regarding the classifications of a municipality, there are additional statutes that may effect the classification. … It is my opinion that this section clearly prohibits any territory "embraced within the limits of any city or incorporated town" from being incorporated as part of another municipality.

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.

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 · Jun 27, 2008

Given that the record is kept by the School Board, was written by a school district employee, and the subject matter involves the performance of official functions, I believe the document in question clearly qualifies as … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Dec 27, 2006

However, hangars are a necessary component of a publicly owned airport facility and as such clearly fulfill a public purpose that would warrant the public construction effort at issue in your request. … specified in subdivision (17) of § 19-6-301 , there to be used for making grants-in-aid to qualifying airports of this state as authorized by law and for the maintenance, operation, and improvement required by the Arkansas

Opinion No.

Arkansas Attorney General Reports · Jun 3, 2011

In order to establish an equal protection violation arising out of a classification that does not affect a suspect class or a fundamental right, it is necessary to show that the disparity is arbitrary — that is, that the … Francis Levee District and non-qualifying property owners who own fewer than 40 acres.

Opinion No.

Arkansas Attorney General Reports · Aug 20, 1996

The situation that you have described clearly falls within this general restriction against school choice. … In establishing the acceptable range of variance, the department is directed to use the remedial guideline established in Little Rock School District v.

Opinion No.

Arkansas Attorney General Reports · Jan 19, 2001

Your question is whether the subject of a court-ordered psychological evaluation qualifies as a "patient" entitled to the disclosure described in this statute. … The statute is clearly intended to provide, rather than prevent, access to medical records. . . . Dr.

Opinion No.

Arkansas Attorney General Reports · Jun 27, 2007

Given that you are a city employee, I believe documents containing the information requested in Item 3 above clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … Although this standard is not easily met, medical records and information relating to a person's finances or marriage may qualify.

Opinion No.

Arkansas Attorney General Reports · Oct 6, 2000

Clearly, therefore, the "proceeds" resulting from a sale of forfeited property are deposited in the asset forfeiture fund. … Section 5-64-505 (g)(5)(B) provides that: "However, if the court determines either that the prosecuting attorney has failed to establish that such grounds exist or that the owner or interest holder has established a defense

Opinion No.

Arkansas Attorney General Reports · May 28, 1993

This office has noted, however, that the law pertaining to records of the ACIC qualifies as a specific exemption to the open records provisions of the FOIA. See Op. Att'y Gen. Nos. 91-111 and 86-20. … Supp. 1991) established the Arkansas Crime Information Center and specifically limited access to the data available through the ACIC system.

Opinion No.

Arkansas Attorney General Reports · Jun 25, 2004

these opinions, which I believe addresses your question directly: I assume your concern is that the city might be restricted from engaging in what the courts generally refer to as" government speech" — i.e., speech that clearly … As one commentator has noted: "Unless government is taking a position with respect to religion, where the special strictures of the establishment clause come into play, courts consider government communication to be a function

Opinion No.

Arkansas Attorney General Reports · Mar 27, 2002

The council does have the authority to establish the procedure for making purchases. . . . This procedure, in my opinion, however, cannot obliterate the mayor's statutory authority to make purchases. … I am unaware of any provision of law that in any sense qualifies the clear meaning of A.C.A. § 14-58-303 .

Opinion No.

Arkansas Attorney General Reports · Sep 20, 1989

Act 60 of the First Extraordinary Session of 1961 (A.C.A. 18-13-101 et seq.) provided for the introduction of the condominium system in Arkansas by the establishment of "horizontal property regimes." A.C.A. 18-13-103 . … Indeed, the manner in which a statute has been construed by executive and administrative officers is to be given consideration and will not be disregarded unless clearly wrong. MORRIS v.

Opinion No.

Arkansas Attorney General Reports · May 8, 2002

Brown, 335 Ark. 272 , 948 S.W.2d 1 (1998); Citizens To Establish A Reform Party v. Priest, 325 Ark. 257 , 926 S.W.2d 432 (1996); Henson v. Fleet Mortgage Co., 319 Ark. 491 , 892 S.W.2d 250 (1995); Neely v. … The restrictions set forth at A.C.A. §§ 6-62-803 and -804 clearly appear to fall within this category of traditional practice.

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2007

This interpretation will be upheld unless is it "clearly wrong." I cannot state that it is "clearly wrong." … Corporate officers could qualify, however. Id.

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2007

Given that you are a city employee, I believe documents containing the requested information clearly qualify as "public records" under this definition. As one of my predecessors noted in Op. Att'y Gen. … State, 340 Ark. 665 , 13 S.W.3d 167 (2000), 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 · Dec 7, 2005

This clearly is an emerging area of the law. … This conclusion follows, in my opinion, from the well-established principle that that the election commission generally performs a ministerial function in preparing and furnishing the ballots. See State v.

Opinion No.

Arkansas Attorney General Reports · Jul 19, 2007

Given that the subjects of the request are county employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As one of my predecessors noted in Op. … State, 340 Ark. 665 , 13 S.W.3d 167 (2000), 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."