AG Opinions

From criminal justice coordinating committees to vacation leave for county law enforcement

AG OPINION NO. 2021-088

The AG was requested to determine whether a criminal justice coordinating committee created by county ordinance is subject to the open meetings provisions of the Freedom of Information Act (FOIA). Ark. Code § 25-19-106 provides, “Except as otherwise specifically provided by law, all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts … supported wholly or in part by public funds or expending public funds, shall be public meetings. The AG did not address whether the FOIA applied to the subject criminal justice coordinating committee. The AG, however, did determine that Ark. Code § 14-14-109 was applicable and more specifically designed to address county-created entities like described in the subject request.

AG OPINION NO. 2022-013

The matter involved a volunteer fire department (VFD) and placing their dues on the property taxes as provided by Ark. Code § 14-20-108. The AG determined if the people in the district voted to affix their dues at a specific rate, then the people would have to vote to increase their dues. If the rates were set by the VFD board of directors and the voters merely approved to have their dues placed on their property taxes, then the board of directors may increase the dues without a vote of the people. The AG determined that the request was presumably made concerning nonprofit VFD organized as associations or corporations. The board of directors were voted upon and accountable to the service area’s members. If the measure voted upon by the people had a specific rate, then only that rate may be applied until a vote to increase the rate is adopted.

AG OPINION NO. 2022-010 Under the law an offender with prior violent felonies is not eligible for parole under Ark. Code § 16-93-609. In 2015, the General Assembly declared that for purposes of eligibility under Ark. Code § 16-93-609, residential burglary is considered a prior felony offense. It was inquired, for purposes of this act, is a residential burglary committed prior to the effective date of the Act considered to be a prior violent felony offense? Yes. The AG explained that an offender previously convicted of residential burglary that committed an additional felony offense on or after the effective date of the Act is not eligible for parole. (This makes it evident that the projections demonstrating the longstanding need for a 3,500 additional state prison beds, will necessarily need to be adjusted upward). AG OPINION NO. 2022-011

Presently, Arkansas law provides city/municipal law enforcement officers three weeks of annual vacation leave. (See Ark. Code § 14-52-106). The AG was asked whether laws could be adopted by the General Assembly to provide for similar annual vacation leave for county law enforcement officers. The AG noted the provisions of Amendment 55 vesting the authority “to fix the number and compensation of deputies and county employees” with the quorum courts in Arkansas. Ark. Code § 14-14-805 merely reflects that constitutional authority. The quorum courts may provide their law enforcement deputies and/or county employees three weeks of annual vacation leave such as is provided to city/municipal law enforcement officers. However, the AG determined, the General Assembly may not require it.

Mark Whitmore Chief Legal Counsel