Registration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
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VietnameseRegistration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
Registration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
Registration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
Question 1: If a wind energy facility is deemed exempt under A.C.A. § 23-18-1418 of Act 945, is the local legislative body for the jurisdiction in which the wind energy facility is located also exempt from adhering to Act 945?
Brief Response: No. Act 945 does not exempt a local legislative body merely because a wind energy facility in its jurisdiction qualifies for the exemption in A.C.A. § 23-18-1418. That exemption applies to a “wind energy facility project” under development as of April 9, 2025—not to a governmental body, local legislative body, or other entity.
Question 2: Can a local legislative body enact regulations less restrictive than Act 945 for a wind energy facility in their jurisdiction, if that wind energy facility is deemed exempt under A.C.A. § 23-18-1418?
Brief Response: No. Act 945 does not permit a local legislative body to adopt regulations that are less restrictive than the Act. Under A.C.A. § 23-18-1413, local regulations must remain consistent with Act 945, and local permit criteria may not be less restrictive than the criteria established by the Act. Although certain wind energy facility projects are exempt from Act 945 under A.C.A. §§ 23-18-1410(c) and 23-18-1418, that exemption means the subchapter does not apply to those projects; it does not authorize a local legislative body to impose less restrictive requirements under Act 945. This response is limited to Act 945 and does not address independent local, state, or federal laws and permitting requirements that may apply by their own force.
Question 3: Does a local legislative body have the right to pass an ordinance regulating a wind energy facility in their jurisdiction if that wind energy facility has been deemed exempt by the Arkansas Public Service Commission under A.C.A. § 23-18-1418 of Act 945?
Brief Response: No. A local legislative body may not rely on A.C.A. § 23-18-1413 as authority to regulate a wind energy facility project that is exempt under Act 945. As explained in response to Question 2, this conclusion is limited to Act 945 and does not displace independent local, state, or federal requirements that apply by their own force.
Question 1: Per A.C.A. § 14-20-108(a)(1)(A), when membership dues are collected by the tax collector’s office, does a private nonprofit entity, such as one formed under subchapter 501(c)(3) or (4), become a fire protection improvement district as stated in A.C.A. § 14-284-201?
Question 2: If the response to the above question is “no,” then are the membership dues to the private nonprofit entity entered onto the property tax statement after the ad valorem real estate/millage/assessed mandatory tax total as a volunteer collection?
Brief Response: To answer the first two questions together, a private nonprofit volunteer fire department and a fire protection district are distinct entities governed under two different statutes, and A.C.A. § 14-20-108 does not convert one into the other. Membership dues collected under A.C.A. § 14-20-108(a)(1)(B) are listed on the annual real property tax statements and collected at the same time as real property taxes, while dues collected under A.C.A. § 14-20-108(a)(1)(A) are not.
Question 3: Under Arkansas law, is it lawful for a county treasurer to collect a commission on such collections?
Brief Response: Yes, a county treasurer must collect a 2% commission if the treasurer is designated as the county official responsible for collecting and remitting volunteer fire department dues under A.C.A. § 14-20-108(a)(1)(A) because those funds pass through the treasurer’s hands. But a treasurer cannot collect a 2% commission on dues collected under A.C.A. § 14-20-108(a)(1)(B) when the dues are collected by the county collector and remitted directly to the volunteer fire department without passing through the treasurer’s hands.
Question: Is the custodian’s decision to release the records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: The records provided for my review are mixed records. The emails constitute the personnel records of the employees they mention, and their release would not constitute a clearly unwarranted invasion of personal privacy. Accordingly, the custodian's decision to release the emails is consistent with the FOIA. The "Supervisory Evaluation Form," "Administrative Evaluation Form," and "Memorandum" constitute employee-evaluation records. Likewise, the "Sustained Complaints/Corrective Action" sections of the "Officer Resumes" constitute employee-evaluation records when they contain disciplinary information. I agree with the custodian's decision to withhold the evaluation records of employees who were neither suspended nor terminated. As to employees who were suspended or terminated, it is my opinion that the custodian's decision to release those records is consistent with the FOIA, provided the remaining elements of the four-part test have been satisfied. Because the records submitted for my review contain only proposed redaction markings rather than actual redactions, I cannot determine whether the redactions comply with the FOIA. The custodian must ensure that any redactions made are consistent with the statute. Finally, the basis for some of the proposed redactions is unclear. Under A.C.A. § 25-19-105(a)(3)(B), any asserted exemption should be identified. Determining whether certain information is responsive to the FOIA requests falls outside the scope of my statutory review under A.C.A. § 25-19-105(c)(3)(B)(i).
