Press Releases

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 personnel records and has properly redacted Officer Wilson’s phone number, address, date of birth, social security number, and beneficiary name and relationship from LOPFI and COBRA forms. But the custodian’s redactions of the ACF application number, salary information, co-borrower’s name and signature from employment verification, and witness signature from a LOPFI form are inconsistent with the FOIA. Additionally, the custodian needs to redact information related to Officer Wilson’s marital status.

Request for review and certification of the popular name and ballot title of a proposed constitutional amendment with the popular name, “An Amendment to Amend the Initiative and Referendum Process.”

Brief Response: Having reviewed the text of your proposed constitutional amendment, as well as your proposed popular name and ballot title, I have concluded that, due to (1) ambiguities in the text of your proposed measure and ballot title and (2) ambiguities created by your proposed summary of your text, I must reject your proposed popular name and ballot title and instruct you to redesign them. These ambiguities prevent me from either ensuring that your ballot title is not misleading or substituting a more appropriate ballot title.

Question 1: What is the process for increasing the salaries of employees of elected county officials—such as employees of the tax collector and circuit clerk?

Brief Response: As discussed further in the opinion, the county quorum court has the sole authority to set and appropriate increases in the salaries of employees of elected county officials. And while the county judge may veto a quorum court’s decision to increase county-employee salaries, the quorum court may override that veto.

Question 2: If an employee’s salary was improperly increased, how much of the salary should the county fund: none of it, the salary before the improper increase, or the improperly increased salary?

Brief Response: If the increase was improper because someone gave a salary increase without the quorum court’s appropriation or setting of the salary increase, then the county would not fund any of that increase until the quorum court passes an ordinance appropriating and setting the increase. The employee would still receive the salary he or she was making before the improper increase if that salary was already set and appropriated by the quorum court.

Question 3: Can the quorum court ratify an improperly increased salary?

Brief Response: Yes.