Case law

Opinion No.

Arkansas Attorney General Reports · Oct 15, 1993

Miller, neither of the ordinances clearly sets forth the particular Arkansas Code section under which the District was established. The ordinances refer to "Ark. Code Ann. 14-84-204," which does not exist. … qualified electors of the district. 2 See Op.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

No reason could be as- signed why a commercial college that was existing in 1929 should be immune from a law which required those established after said date to execute a bond requiring the contracts made with their students … Since the Article gives to those who were engaged in the business of operating a commercial college at the time the law was passed privileges and immunities that are not given to those who establish

Ago

Florida Attorney General Reports · Jan 27, 2005

Subsection (c) of that section provides for the establishment of citizen review panels in states to which a grant has been made pursuant to that section. … are confidential and not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceedings, except that information, documents and records otherwise available from other sources are not immune

Opinion No.

Texas Attorney General Reports · Nov 2, 2005

The terms "sovereign immunity" and "governmental immunity" denote two different concepts: Sovereign immunity refers to the State's immunity from suit and liability. … Section 101.025 clearly and unambiguously waives immunity "to the extent of liability created by this chapter," and "[a] person having a claim under [chapter 101] may sue the governmental unit for" certain damages.

Opinion No.

Arkansas Attorney General Reports · Dec 1, 2010

Given that the subjects of the request are public 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 10, 2001

However, I believe this general power is qualified by an implied proviso that the contract serve some legitimate public purpose. … Moreover, I believe loaning a van to a church would clearly violate U.S. Const. amend. I , which prohibits any government action "respecting an establishment of religion," and Ark. Const. art.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2008

In other words, the DOT has established as the "only driving prohibition period for a controlled substances violation," the "completion of rehabilitation requirements and a return-to-duty test with a negative result," id. … and absolutely immune from liability under another . . .") .

(2006)

91 Op. Att'y Gen. 135 · Maryland Attorney General Reports · Jun 20, 2006

The inclusion of the phrase "in connection therewith" in the Pennsylvania statute clearly makes a connection between the qualifying conviction and current confinement a condition of DNA sampling of inmates. … It was the product of an Administration bill that was intended to create a State DNA data base similar to those established in at least 22 other states, which would allow the State to participate in a nationwide DNA data

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 27, 1995

giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established … district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified

Maryland Attorney General Opinion 95 OAG 056

Maryland Attorney General Reports · Feb 23, 2010

No. 110-140, 121 Stat. 1492, Congress established a Smart Grid Investment Matching Grant Program. … Under the program as originally enacted, the Secretary was directed to establish a fund and implement a grant program to provide up to 20% of qualifying Smart Grid investments for public utilities. Id.

Opinion No.

Arkansas Attorney General Reports · Jan 11, 2011

qualify as "public records" under this definition. … circumstances to observe that the employees' privacy interest in nondisclosure is not insubstantial." 9 Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish

(2010)

95 Op. Att'y Gen. 56 · Maryland Attorney General Reports · Feb 23, 2010

No. 110-140 , 121 Stat. 1492 , Congress established a Smart Grid Investment Matching Grant Program. … Under the program as originally enacted, the Secretary was directed to establish a fund and implement a grant program to provide up to 20% of qualifying Smart Grid investments for public utilities. Id.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1989

Cobb: You ask three questions relating to the Denton County Emergency Communication District [the *'districtql]which was established under article 1432e, V.T.C.S. [the llactl']. … Also, the common law on immunity of public officials might provide immunity additional to that provided for in section 4(b) of article 1432f.

Opinion No.

Arkansas Attorney General Reports · Mar 27, 2008

Both Article 19, § 3, as interpreted, and A.C.A. § 14-48-110 (f) clearly require residence in the city to be served. See Op. … qualified elector of the city.

Opinion No.

Arkansas Attorney General Reports · Jan 4, 2007

Given that you are a city employee, I believe documents containing the requested information 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 · Jun 30, 1992

In my opinion, Section 17-50-102 clearly sets out all of the exceptions that qualify, and contains no ambiguity. Additionally, in Gosnell v. … It is well established that an administrative agency may determine the particular facts and circumstances upon which operation of a legislative enactment is conditioned. See Hogue v.

Opinion No.

Arkansas Attorney General Reports · Mar 4, 2009

Given that the record(s) at issue are kept by the police department and the subject matter involves the suspension of a police department employee, I believe the records(s) clearly qualify as "public records" under this definition … Assuming, however, that some or all the documents qualify as "personnel records," they must be released unless their release constitutes a clearly unwarranted invasion of personal privacy.

Opinion No.

Arkansas Attorney General Reports · Oct 24, 1997

In section 13 of Act 989, the General Assembly clearly stated its intent to restrict access to the sex and child offender registration records. … Finally, I have opined that A.C.A. § 12-10-317 (a)(2) appears to qualify as an exemption to the FOIA. See Op. Att'y Gen. Nos. 93-126 and 90-236.

Opinion No.

Arkansas Attorney General Reports · Dec 8, 2009

Given that the subjects of the request are city employees, I believe documents containing the requested information 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 · Oct 16, 1997

The answer to the first part of your first question is, clearly, "yes," in accordance with A.C.A. § 14-43-309 which provides in relevant part that "[i]n all general elections for alderman in cities of the first class, the … Att'y Gen. 92-112 at 2 (regarding some of the factors looked at to determine whether a person has the requisite intent to establish a domicile in a particular place).