Case law

Opinion No.

Arkansas Attorney General Reports · Jul 12, 2001

This follows, in my opinion, from a reading of Section 2 as a whole, consistent with established rules of statutory construction. See generally Chism v. … This would afford an opportunity to vote twice for the judicial candidates, an opportunity clearly not contemplated by Act 1789.

Opinion No.

Arkansas Attorney General Reports · Aug 12, 2008

Given that the records are kept by the City, were written by city officials and pertain to a city employee, I believe the documents in question clearly qualify as "public records" under this definition. … 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 · Nov 22, 2006

(d)(1) The board shall have the power to appoint a librarian qualified by education, training, experience, and personality, who shall serve at the will of the board. (2) The board shall have the power to appoint necessary … denoting a shift of all activities relating to library operations from the board to the city council or mayor — a move that I believe would contravene the provisions of title 13, chapter 2, subchapter 5 of the Code, which clearly

Opinion No.

Arkansas Attorney General Reports · Jun 16, 2010

Included within the category of "capital improvements of a public nature" are "municipal buildings," "police facilities" and "prisons" 2 — resources I interpret as clearly including a jail serving a city and a county pursuant … Nevertheless, only a finder of fact could ultimately establish this to be the case. Assistant Attorney General Jack Druff prepared the foregoing opinion, which I hereby approve.

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2001

City Of Stuttgart, 312 Ark. 97 , 847 S.W.2d 710 (1993) (lease agreement containing an amortization schedule deemed clearly a sale in violation of Article 16, § 1). … No. 2001-156 , these provisions are qualified by several constitutional amendments. Amendment 65 provides in pertinent part: 1.

Opinion No.

Arkansas Attorney General Reports · Oct 3, 2006

Even assuming a county might be authorized, with the permission referenced in the statute just quoted, to establish a for-profit racetrack, I should note that the county's establishment of such an enterprise might well jeopardize … Again, the question of whether the proposed enterprise at issue in your request would qualify as a "recreational service" is one of fact that only a court could resolve.

Opinion No.

Arkansas Attorney General Reports · May 23, 2002

I believe adding a "class sponsor 10 th grade" would clearly qualify as an "additional duty." … With respect to your specific example, I believe acting as a 10 th grade sponsor clearly qualifies as an "additional duty" under the statute.

Opinion No.

Arkansas Attorney General Reports · Oct 17, 2003

A well-established principle of statutory interpretation that has been consistently applied by the Arkansas Supreme Court is the principle that all legislation is presumed to apply prospectively unless the legislature expressly … Act 674 is substantive, rather than procedural, because by permitting an increase in benefits, the Act clearly creates new payment obligations for the pension fund.

Opinion No.

Arkansas Attorney General Reports · Mar 4, 2003

As reflected in the passage just quoted, the supreme court has clearly indicated that the entire Lake View litigation will be resolved as of the deadline date. … Amendment 74 declares as a matter of constitutional law that the tax is "established" and mandatory.

Opinion No.

Arkansas Attorney General Reports · Mar 21, 2007

As previously noted, I harbor some reservations about proposed legislation seeking to impose blanket restrictions on established institutions of higher learning. … As noted above, content-neutral restrictions upon private speech are clearly subject to an intermediate level of scrutiny.

Opinion No.

Arkansas Attorney General Reports · Feb 25, 2004

The laws governing those programs clearly contemplate that the states will redistribute grant funds to the agencies to carry out the programs. See, e.g., 42 U.S.C. § 3026 . … Finally, each must establish a grievance procedure for individuals dissatisfied with or denied services under the plan. 42 U.S.C. § 3026 (a)(6)(P).

Opinion No.

Arkansas Attorney General Reports · Sep 23, 2004

In the situation you have described, I believe the director of the nonprofit corporation, which as an "instrumentality" of the city has a public aspect, would clearly qualify as an "official" subject to the proscription set … I believe these definitions clearly apply to the activities of a bank director.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 1991

That act authorizes the Department of Correction to establish a "home detention" program for certain released inmates. … The title clearly indicates the legislature's intention to include parolees under the provisions of the act.

Opinion No.

Arkansas Attorney General Reports · Apr 27, 2006

(a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general … In my opinion, therefore, the proposed action of the Mississippi County Election Commission does not clearly contravene A.C.A. § 7-5-418 . Deputy Attorney General Elana C.

Opinion No.

Arkansas Attorney General Reports · May 16, 1996

In addition, a review of the development of SJR 1, which ultimately became Amendment 59, reveals that early drafts of the amendment clearly contemplated that countywide reassessments that are not part of a statewide program … The spirit and intent of the amendment are, in my view, that countywide reassessments that otherwise qualify will occasion a tax rate adjustment.

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2002

The burden of proof is on the protestant to show that the assessment is manifestly excessive or clearly erroneous or confiscatory. Potlatch Corp. v. … The statute states: "Debt service funding supplement" means the state financial aid provided to qualifying local school districts for the purpose of reducing existing debt service burdens and increasing the amount of local

Opinion No.

Arkansas Attorney General Reports · Jan 20, 1994

Subsection (b) of § 6-18-703 clearly envisions the participation of Health Department employees in the clinics, and subsection (a)(1) (which is the codification of Section 36(b) of the appropriation act) addresses the establishment … And it is well-established that the courts will construe a legislative enactment as constitutional if at all possible. See Cozad v. State, 303 Ark. 137 , 792 S.W.2d 606 (1990).

Opinion No.

Arkansas Attorney General Reports · Aug 16, 2010

I question, however, whether a city could by ordinance prohibit the operation of an established facility that complies with all otherwise applicable state law. … Legislative clarification of these issues is clearly warranted.

Opinion No.

Arkansas Attorney General Reports · Jun 30, 2009

.] § 11-10-210 . . ., or is there controlling legal authority establishing the term to mean the act of hiring only? 5. … The situation you posit appears to qualify as a "formal or informal" meeting of the "governing body" (i.e., the Board of Directors) of the City of Siloam Springs.

Opinion No.

Arkansas Attorney General Reports · Nov 17, 2009

Given that the subject of the request is a former state employee, the records are presumed to qualify as "public records" under this definition. As I stated in Op. … As always, the person claiming the right will have the burden of establishing it.