Case law

Opinion No.

Arkansas Attorney General Reports · Oct 3, 1995

Box 5901 Little Rock, Arkansas 72215 Dear Colonel Bailey: This is in response to your request for an opinion on two questions concerning Act 419 of 1995, which authorizes the Arkansas State Police to issue licenses to qualified … The legislature has not clearly specified what is to be included within the "list" — whether only names are to be included, whether every bit of information contained in license applications is to be compiled in the "automated

Opinion No.

Arkansas Attorney General Reports · Nov 14, 2003

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … Of the documents you have described, records reflecting "personal reprimands or documented written warnings" clearly qualify as "employee evaluation/job performance records" under this definition.

Opinion No.

Arkansas Attorney General Reports · Dec 17, 2008

If in fact that is the case, then the answer to both of your questions is clearly "yes," in my opinion. … Generally, therefore, the recommendations contained in a county resolution do not qualify as a levying ordinance.

Opinion No.

Arkansas Attorney General Reports · Nov 21, 2006

. § 415 ) sets out limitations on contributions and benefits which apply to individuals covered under a "qualified defined benefit plan" within the meaning of 26 U.S.C. § 401 (a). … . § 415 (b) (establishing the basic rule regarding the annual benefit which may be paid to any individual by a defined benefit plan).

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2008

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 my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal *Page 4 privacy."

Opinion No.

Arkansas Attorney General Reports · Jun 1, 2007

. § 24-12-121 , the retirement benefit under this subsection is clearly based upon the City Clerk's salary. … The term "service" clearly has reference to the person's service as city clerk or city-treasurer.

Opinion No.

Arkansas Attorney General Reports · Jun 3, 2004

(b) In addition, the board is authorized to establish appropriate rules, regulations, and standards defining or limiting the emergency medical procedures or services that may be rendered by a certified emergency medical technician … This analysis is clearly consistent with my views as expressed in Opinion No. 2004-063 .

Opinion No.

Arkansas Attorney General Reports · Nov 14, 2003

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … Of the documents you have described, records "pertaining to disciplinary actions" clearly qualify as "employee evaluation/job performance records" under this definition.

Opinion No.

Arkansas Attorney General Reports · Feb 9, 2000

RESPONSE State law clearly gives the General Assembly (hereinafter the "Legislature") a wide range of powers and it also clearly gives the University of Arkansas Board of Trustees (hereinafter the "Board") some degree of … There is obviously a spectrum of potential difficulty in determining whether a particular issue is one of substantive policy, with some issues clearly qualifying while others do not.

Opinion No.

Arkansas Attorney General Reports · Jan 2, 1990

If a majority of the qualified voters . . . approve the rate of tax . . . then the tax . . . shall be collected as provided by law. … The court held that this scheme violated the Kentucky Constitution, stating: The Tax Increment Act is even more clearly in violation of the constitution.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Both reflect that the SBA felt the proposed legislation "authorizes the Agency to establish national interest rates" and "negates the usury law in Arkansas." … It is well established that an agency's interpretation of statutes pertinent to its mission will be upheld unless clearly wrong. See, e.g., ACW Inc. v. Weiss, 329 Ark. 302 , 947 S.W.2d 770 (1997).

Opinion No.

Arkansas Attorney General Reports · Dec 19, 2001

With respect to your third question, I believe the meetings of the Facilities Board must clearly be open pursuant to the Arkansas Freedom of Information Act. … Given these legislative pronouncements, notwithstanding its qualified autonomy, see discussion supra, I believe a public facilities board is clearly subject to the "public meetings" requirement set forth above.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2008

Given that the records are kept by the City, were written by city employees, and the subject matter involves the performance of official functions, I believe the documents in question clearly qualify as "public records" under … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Jul 8, 2008

Given your position as a public school teacher, it seems clear that the requested documents 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 · Mar 25, 2010

It is well-established, however, that the Arkansas Constitution is not a grant of power, but rather a limitation thereon. Black v. Cockrill , 239 Ark. 367 , 389 S.W.2d 881 (1965). … However, as explained above, this conclusion does not clearly follow from the proposed text of your measure.

Opinion No.

Arkansas Attorney General Reports · Sep 11, 1995

accrued five or more years of credited service at the time of termination of employment, will the employee be eligible for retirement benefits under APERS after the effective date of Act 1356 of 1995, even though he also qualifies … Despite the fact that these sections purport to address "entitlement to benefits," they clearly do not describe the class of persons who may actually collect benefits currently, because they describe a class of persons much

Opinion No.

Arkansas Attorney General Reports · May 29, 2003

That protection is stated in A.C.A. § 6-17-107 (b), as follows: (b) Teachers, school counselors, school health care providers, and other school personnel shall be immune from any civil liability for providing counseling, … Thus, the law clearly authorizes public school counselors and other public school personnel to render a broad range of services that could be construed as "mental health services and treatment" to minors in a wide variety

Opinion No.

Arkansas Attorney General Reports · Sep 11, 2000

In Act 169 of 1931 , § 152, the legislature declared that all children who could establish indigency must be supplied with textbooks. … However certain charges for certain types of supplies are clearly permissible.

Opinion No.

Arkansas Attorney General Reports · Mar 11, 2002

Woodard, 203 Ark. 254 , 156 S.W.2d 243 [1941], is clearly controlling. Quoting from Wood v. … Revis II was not a case in which the officer was qualified upon entry but lost his qualification later. In Starnes v.

Opinion No.

Arkansas Attorney General Reports · Sep 28, 2000

I , which prohibits any government action "respecting an establishment of religion," and Ark. Const. art. … I use the qualifier "probably" because the statute is slightly confusing regarding its scope.