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Attorney General Opinions

2025-045
Officer Will Tate
Question: Is the custodianโ€™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 custodianโ€™s decision to release those records is also consistent with the FOIA.
2025-015
State Representative Karilyn B. Brown
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 togetherโ€”and as discussed further in the opinionโ€”local option alcohol elections follow the process under A.C.A. ยง 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. ยง 3-8-602โ€”which may vary depending on whether the election is special.

Question 5: How does the concept of a โ€œdefunct voting districtโ€ 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. ยง 3-8-602?

Brief Response: As discussed in the opinion, such a municipality would follow the process set forth in A.C.A. ยง 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 โ€œsuperseding voteโ€ in this context?

Brief Response: To answer questions 6 and 7 together, the applicable local option alcohol statutes do not use the phrase โ€œsuperseding vote.โ€ But if an area is a โ€œdefunct voting district,โ€ one must use the local option process for defunct voting districts under A.C.A. ยงย 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 togetherโ€”and as discussed further in the opinionโ€”A.C.A. ยง 3-8-602 applies. And the extent to which other statutes apply, largely depends on whether the election in question is special.
2025-053
Mr. John Huett
Question: Is the custodianโ€™s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: The North Little Rock Police Departmentโ€™s custodian of records has determined that the records should be released with certain redactions. I cannot determine whether the custodianโ€™s decision to redact that information is consistent with the FOIA because I was not provided with an unredacted copy of the documents. As to your specific objectionsโ€”and for reasons discussed in this opinionโ€” the custodian should release the employment-evaluation records if (1) the former employee resigned in the face of โ€œcertain, impending termination,โ€ (2) the redacted records formed the basis for the โ€œconstructive termination,โ€ and (3) the public has a compelling interest in the recordsโ€™ disclosure.
2025-045
Officer Will Tate
Question: Is the custodianโ€™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 custodianโ€™s decision to release those records is also consistent with the FOIA.
2025-015
State Representative Karilyn B. Brown
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 togetherโ€”and as discussed further in the opinionโ€”local option alcohol elections follow the process under A.C.A. ยง 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. ยง 3-8-602โ€”which may vary depending on whether the election is special.

Question 5: How does the concept of a โ€œdefunct voting districtโ€ 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. ยง 3-8-602?

Brief Response: As discussed in the opinion, such a municipality would follow the process set forth in A.C.A. ยง 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 โ€œsuperseding voteโ€ in this context?

Brief Response: To answer questions 6 and 7 together, the applicable local option alcohol statutes do not use the phrase โ€œsuperseding vote.โ€ But if an area is a โ€œdefunct voting district,โ€ one must use the local option process for defunct voting districts under A.C.A. ยงย 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 togetherโ€”and as discussed further in the opinionโ€”A.C.A. ยง 3-8-602 applies. And the extent to which other statutes apply, largely depends on whether the election in question is special.
2025-053
Mr. John Huett
Question: Is the custodianโ€™s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: The North Little Rock Police Departmentโ€™s custodian of records has determined that the records should be released with certain redactions. I cannot determine whether the custodianโ€™s decision to redact that information is consistent with the FOIA because I was not provided with an unredacted copy of the documents. As to your specific objectionsโ€”and for reasons discussed in this opinionโ€” the custodian should release the employment-evaluation records if (1) the former employee resigned in the face of โ€œcertain, impending termination,โ€ (2) the redacted records formed the basis for the โ€œconstructive termination,โ€ and (3) the public has a compelling interest in the recordsโ€™ disclosure.
2025-045
Officer Will Tate
Question: Is the custodianโ€™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 custodianโ€™s decision to release those records is also consistent with the FOIA.
2025-015
State Representative Karilyn B. Brown
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 togetherโ€”and as discussed further in the opinionโ€”local option alcohol elections follow the process under A.C.A. ยง 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. ยง 3-8-602โ€”which may vary depending on whether the election is special.

Question 5: How does the concept of a โ€œdefunct voting districtโ€ 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. ยง 3-8-602?

Brief Response: As discussed in the opinion, such a municipality would follow the process set forth in A.C.A. ยง 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 โ€œsuperseding voteโ€ in this context?

Brief Response: To answer questions 6 and 7 together, the applicable local option alcohol statutes do not use the phrase โ€œsuperseding vote.โ€ But if an area is a โ€œdefunct voting district,โ€ one must use the local option process for defunct voting districts under A.C.A. ยงย 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 togetherโ€”and as discussed further in the opinionโ€”A.C.A. ยง 3-8-602 applies. And the extent to which other statutes apply, largely depends on whether the election in question is special.
2025-053
Mr. John Huett
Question: Is the custodianโ€™s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: The North Little Rock Police Departmentโ€™s custodian of records has determined that the records should be released with certain redactions. I cannot determine whether the custodianโ€™s decision to redact that information is consistent with the FOIA because I was not provided with an unredacted copy of the documents. As to your specific objectionsโ€”and for reasons discussed in this opinionโ€” the custodian should release the employment-evaluation records if (1) the former employee resigned in the face of โ€œcertain, impending termination,โ€ (2) the redacted records formed the basis for the โ€œconstructive termination,โ€ and (3) the public has a compelling interest in the recordsโ€™ disclosure.