Opinions released in August, 2009
Showing records 1 - 10 of 22 results
| Opinion number: 2009-128 | |
| Requestor: Reynolds, Lance State Representative | Release date: 08/31/2009 |
| Full Opinion: HTML or PDF | |
| Under Arkansas law, is there any way the Cleburne County Quorum Court can offer the former county hospital property for sale to the highest bidder and not have to receive a bid of at least 75% of the appraised price? Q2) Could the county accept a bid less than 75% of the appraised price if the bid originated from a nonprofit organization such as another governmental entity or a public school system? RESPONSE: Q1) If the county determines that the real property is "surplus," the property might be sold to the highest bidder without consideration of its appraised value. A.C.A. 14-16-106 (Supp. 2009). Moreover, if the property has been "dedicated for the benefit of any lawfully incorporated, quasi-public, nonprofit, nonsectarian organization including, but not limited to, medical clinics," it may likewise be sold to any buyer without regard to the appraised value, subject to the approval of the county judge. A.C.A. 14-16-107 (Repl. 1998). If neither of these conditions applies, the property may be sold only for at least 75% of its appraised value. Q2) I do not believe the restrictions on an outright sale would be lifted by the fact that the prospective purchaser was "another governmental entity or a public school system." | |
| Opinion number: 2009-124 | |
| Requestor: Feland, Will Pros Att'y, 23rd Judicial District | Release date: 08/31/2009 |
| Full Opinion: HTML or PDF | |
| Do e-mails from a school board member to the school superintendent, copying at least one board member, fall under the disclosure requirements of the Freedom of Information Act (FOIA)? RESPONSE: Assuming that the emails relate in some way to school matters so as to constitute a record of official functions, then the answer is yes, in my opinion, unless a specific exemption prevents their disclosure. Accord Opinions 2000-096, 2003-048, 2008-095. Note also that an exchange of e-mail can conceivably implicate the FOIA's open meeting requirements, (A.C.A. 25-19-106). See Op. Att'y Gen. 2008-055 for a discussion of this issue. | |
| Opinion number: 2009-118 | |
| Requestor: Patchell, Allison S., DMV Chair, Veterinary Medical Examining Bd | Release date: 08/31/2009 |
| Full Opinion: HTML or PDF | |
| May a city that owns and operates an animal shelter employ a veterinarian to offer spay and neuter services to the public? RESPONSE: The answer is not entirely clear under the Arkansas Veterinary Medical Practice Act, A.C.A. 17-101-101 through -314; but pending legislative clarification, the answer in my opinion is likely yes because I believe a court faced with the question would probably conclude that A.C.A. 17-101-102(8)'s definition of "person" does not include a municipal corporation. See also 17-101-307. It should be emphasized, however, that any veterinarian employed by a city to offer veterinary services to the public is subject to all requirements of the Act, including regulation by the Board. | |
| Opinion number: 2009-114 | |
| Requestor: Laffoon, David Director, Div of Behavioral Health Servs | Release date: 08/31/2009 |
| Full Opinion: HTML or PDF | |
| Request for approval of a joint action agreement between the Department of Human Services, Division of Behavioral Health Services, Research and Training Institute, and the University of Arkansas for Medical Sciences to place and train students and faculty in psychiatry, psychology, social work, occupational therapy, nursing and other relevant mental health professions to improve the quality and effectiveness of mental health services, operations and outcomes. RESPONSE: Approved as submitted. | |
| Opinion number: 2009-103 | |
| Requestor: Wills, Robbie State Representative | Release date: 08/31/2009 |
| Full Opinion: HTML or PDF | |
| Under Act 31 of 2009, may police departments dispose of "unclaimed seized property" (as that phrase is used in A.C.A. 5-5-101) using an online auction process? RESPONSE: In my opinion, the answer to your question is generally, "yes," with several important caveats mentioned in the body of the opinion. | |
| Opinion number: 2009-152 | |
| Requestor: Leflar, Missy Director, Human Resources | Release date: 08/21/2009 |
| Full Opinion: HTML or PDF | |
| Is the decision of the custodian of records to withhold release of certain documents in response to a Freedom of Information Act request consistent with provisions of the FOIA? RESPONSE: Based upon a review of the documents, yes. | |
| Opinion number: 2009-076 | |
| Requestor: Bill Abernathy State Representative | Release date: 08/21/2009 |
| Full Opinion: HTML or PDF | |
| 1) Does any State law exist that mandates County owned nursing homes undergo an independent financial audit with the assumption that there is no local tax money involved in its funding? 2) Does any State law exist that mandates County owned nursing homes to submit an annual budget to their administrative board or their Quorum Court for review and approval? RESPONSE: Q1) Various provisions of the Arkansas Code provide for financial oversight over county-owned nursing homes independent of audits conducted under Medicare and Medicaid. See opinion. Q2) The Code does not expressly mandate that a county-owned nursing home not financed by taxes submit a budget to an administrative board or the quorum court. | |
| Opinion number: 2009-129 | |
| Requestor: Meadors, Allen C., PhD, FACHE President, University of Central Ark | Release date: 08/20/2009 |
| Full Opinion: HTML or PDF | |
| Pursuant to provisions of A.C.A. 25-19-105(b)(2), can the University disclose student names and any amounts awarded through the "Presidential Discretionary Scholarship Program," and still remain compliant with provisions of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) ("FERPA")? RESPONSE: Please note that I have enclosed a copy of an advisory letter that was issued by the Director of the Family Policy Compliance Office, on the basis of which the University should be well positioned to decide this matter. This Compliance Office is located within the United States Department of Education, the agency which Congress authorized to implement and enforce FERPA. 20 U.S.C. sec. 1232g(c) and (g). The Department provides advisory opinions to ensure compliance with the statutes and regulations. | |
| Opinion number: 2009-052 | |
| Requestor: Glover, Bobby State Senator | Release date: 08/19/2009 |
| Full Opinion: HTML or PDF | |
| Do the price posting provisions contained within Section 3-5-107(B) of HB1807 of 2009 violate the anticompetitive provisions of the Sherman Anti-Trust Act? RESPONSE: I must decline to offer an opinion on this Act and its compatibility with the Sherman Antitrust Act because the matter appears inevitably bound to be submitted to the courts for resolution. | |
| Opinion number: 2009-147 | |
| Requestor: Leflar, Missy Director, Human Resources | Release date: 08/17/2009 |
| Full Opinion: HTML or PDF | |
| Was the City's conclusion that there is no "compelling public interest" to justify releasing the records of two terminated city employees pursuant to requests under the Freedom of Information Act ("FOIA"), consistent with provisions of the FOIA? Q2) Is the City's decision, relying on Op. Att'y Gen. 2008-044, to redact the names of employee witnesses prior to releasing the investigative files to the subject of the investigation consistent with provisions of the FOIA? Q3) Is the City correct in its position, relying on Op. Att'y Gen. 2000-267, that existence of an EEOC charge does not create a "compelling public interest" under the FOIA? RESPONSE: I lack authority to answer these specific questions, being charged only to review the custodian's decision to release certain records. Not having been provided these records, the opinion sets forth the applicable legal standards, which the custodian has recited in her request and has consequently apparently applied. | |
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