Press Releases

Question 1: In public libraries, do staff members serve _in loco parentis_?

Brief Response: No. I have not been able to locate any statute or case law that imposes _in loco parentis_ responsibility onto public libraries or their staff during a traditional visit to a public library.

Question 2: In public libraries, are staff members considered mandated reporters?

Brief Response: While public libraries’ staff members are not specifically listed as mandated reporters under A.C.A. § 12-18-402(b), they have the same obligations as any other adult to notify the Child Abuse Hotline if they observe abuse, sexual abuse, or sexual exploitation of a child.

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

Brief Response: In my opinion, the custodian’s decision to release the records as redacted is partially consistent with the FOIA. The records the custodian intends to release are properly classified as personnel records, and the custodian has correctly determined that they are subject to release with redactions. But I have identified several additional pieces of information that must be redacted before the records can be released, as well as information that may be improperly redacted.

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.