Press Releases

Question 1: Pursuant to Amendment 55 to the Arkansas Constitution, can a county judge execute a contractual agreement without the approval of the county quorum court?

Brief Response: Yes. The quorum court determines what goods and services are needed by the county and appropriates county funds for those needs. But the county judge executes the contract after choosing a specific vendor to provide the goods or a person to do the work.

Question 2: Are there any limitations or restrictions, financial or otherwise, to contractual agreements executed solely by the county judge?

Brief Response: Yes. The county judge’s contracting authority has several limitations, which are discussed in the opinion.

Question: Is the custodian’s decision to release the requested records consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: In my opinion, the custodian has correctly classified the citizen-complaint form as a personnel record that is subject to release. The custodian has also properly classified the disciplinary records as employee-evaluation records. And because the four-part test for release of employee-evaluation records appears to be met, the custodian’s decision to release those records is also consistent with the FOIA.

Question 1: What is the legal meaning and intent of Act 1018 of 2013?

Question 2: How does this Act apply to the voting procedures for turning a dry defunct township wet?

Question 3: Given the dissolution of townships, what is the appropriate procedure for conducting a local option election in a previously dry area?

Brief Response: To answer the first three questions together—and as discussed further in the opinion—local option alcohol elections follow the process under A.C.A. § 3-8-602, which incorporates other local option election statutes. The extent to which such other statutes apply depends on whether the local option election is special.

Question 4: Are there two possible paths for a local option election: (1) reinstating an old township solely for the purpose of holding an election, or (2) conducting a local option election within the municipality that encompasses the defunct township?

Brief Response: While it is unclear under what authority a city could temporarily reinstate an old township for a local option election, a city has one primary path if it has a defunct voting district within its boundaries: the process under A.C.A. § 3-8-602—which may vary depending on whether the election is special.

Question 5: How does the concept of a “defunct voting district” apply in this context? Specifically, when a municipality is located within the boundaries of a former dry voting district that exists within a wet county, what process must be followed to permit the manufacture and sale of alcoholic beverages under Ark. Code Ann. § 3-8-602?

Brief Response: As discussed in the opinion, such a municipality would follow the process set forth in A.C.A. § 3-8-602, which only authorizes the sale of beer, malt beverages, vinous beverages, and spiritous liquor for on-premises consumption.

Question 6: If a dry vote was previously conducted in an area that is now considered defunct, does that dry designation remain in effect unless there is a superseding vote?

Question 7: What constitutes a “superseding vote” in this context?

Brief Response: To answer questions 6 and 7 together, the applicable local option alcohol statutes do not use the phrase “superseding vote.” But if an area is a “defunct voting district,” one must use the local option process for defunct voting districts under A.C.A. § 3-8-602 (which incorporates other local-option statutes).

Question 8: What are the procedural requirements for initiating such a vote under the current statutory framework?

Question 9: Does Act 1018 of 2013 provide a means for municipalities within defunct townships to conduct a local option election independently, or would a county-wide vote be required?

Brief Response: To answer questions 8 and 9 together—and as discussed further in the opinion—A.C.A. § 3-8-602 applies. And the extent to which other statutes apply, largely depends on whether the election in question is special.