Opinions released in February, 2010
Showing records 1 - 10 of 15 results
| Opinion number: 2010-023 | |
| Requestor: Whitaker, Ruth State Senator | Release date: 02/25/2010 |
| Full Opinion: HTML or PDF | |
| Is it required that a city of the first class continue to pay the salary of the elected city attorney while said attorney is serving a 90-day suspension of his law license and unable to perform the functions of the city? RESPONSE: Yes. The salary of an official of a city of the first class may be decreased during the term for which the official has been elected or appointed only if requested by the official. ACA 14-42-113(a). | |
| Opinion number: 2010-013 | |
| Requestor: Stewart, Chris Att'y for Secure Arkansas | Release date: 02/25/2010 |
| Full Opinion: HTML or PDF | |
| Request for certification of the popular name and ballot title of a proposed constitutional amendment to permit Arkansas citizens to opt out of any federally mandated health care plan, and other purposes. RESPONSE: Rejected due to ambiguities in the text of the proposed amendment. | |
| Opinion number: 2009-191 | |
| Requestor: Jeffress, Jimmy State Senator | Release date: 02/23/2010 |
| Full Opinion: HTML or PDF | |
| Are school district employees entitled to file and have grievances heard when the grievances raise concerns about a reprimand, evaluation, directive? RESPONSE: "No" under state law, but individual school districts may adopt grievance policies that apply a grievance procedure to the matter of a reprimand or other negative evaluation. In my opinion, they simply are not required to do so under state law. See Opinion for discussion of A.C.A. 6-17-208 (requiring written grievance procedures and defining "grievance" to include "terms or conditions of employment.") See also 6-17-201 and 6-17-1505. | |
| Opinion number: 2009-207 | |
| Requestor: Hardy, Willie R. State Representative | Release date: 02/18/2010 |
| Full Opinion: HTML or PDF | |
| Pursuant to provisions of A.C.A. 6-13-629, concerning "Training and Instructions - Reimbursement," are school board members authorized to claim per diem or mileage when performing other school board duties not listed in the statute -- specifically, check signing and attending school board meetings? RESPONSE: No. ACA 6-13-629 authorizes the payment of money only in connection with the board member training required by the statute. Other state law permits limited expense reimbursement to school board members, but no state law other than ACA 6-13-629 permits payment of compensation for time or services. | |
| Opinion number: 2009-205 | |
| Requestor: Hardy, Willie R. State Representative | Release date: 02/18/2010 |
| Full Opinion: HTML or PDF | |
| Can an insurance company send a check with the medical lien holder's name on it to the patient's attorney and satisfy the mandates of the Medical Lien Act (A.C.A. 18-46-112)? RESPONSE: If an insurance company pays a patient or the patient's attorney in settlement of the patient's claim without having previously paid the physician/lien holder, or without having received a written release from the lien holder, such insurance company has plainly acted contrary to A.C.A. 18-46-112. But the act does not address the manner or method by which payment is made to the practitioner to satisfy his lien. Nor is it clear, under the stated scenario, that the insurer has actually paid the patient or the patient's attorney, or delivered anything of value as a settlement, in violation of the statute. It nevertheless should be noted that the lien holder retains his statutory right to enforce the lien through the applicable procedures. A.C.A. 18-46-106 and 18-46-107. | |
| Opinion number: 2010-012 | |
| Requestor: Billings, Carol Pine Bluff City Attorney | Release date: 02/12/2010 |
| Full Opinion: HTML or PDF | |
| Is the decision of the custodian of records to release records located in the requestor's personnel file that are responsive to a Freedom of Information Act ("FOIA") request for all records "maintained by the City of Pine Bluff Police Department Office of Professional Services regarding Mickey Buffkin" consistent with provisions of the FOIA? RESPONSE: While the custodian has correctly characterized most of the attached records as employee evaluation records, the custodian has incorrectly categorized some records and made several redactions that are not consistent with the FOIA. | |
| Opinion number: 2009-184 | |
| Requestor: McCrary, Walls State Representative | Release date: 02/11/2010 |
| Full Opinion: HTML or PDF | |
| What is the maximum annual interest rate that can be charged on a contract for sale of lots and/or land? Q2) What is the maximum annual interest rate that can be charged on a contract for sale of lots and/or land together with a house placed on it? Q3) What formula is used to determine the correct amount of interest? RESPONSE: Q1), Q2): Amendment 60 may govern the contracts and establish the maximum rate of interest payable thereon. Depending on the prevailing facts, however, it is possible that a federal law will apply to preempt the operation of Amendment 60 and thereby establish a higher maximum rate or permit the parties to contract for any rate desired. 12 USC 1831u(f)(1)(A) and 12 USC 1831u(f)(1)(B) are the federal provisions most likely to apply; others are referred to in the opinion. Q3): No single formula is required to be used to determine the amount of interest payable on a contract that is subject to Amendment 60’s interest rate limitation. | |
| Opinion number: 2010-001 | |
| Requestor: Hall, Clark State Representative | Release date: 02/08/2010 |
| Full Opinion: HTML or PDF | |
| What is the validity of actions taken by a constable when the constable is not wearing his or her statutorily required uniform or is not driving a motor vehicle that meets the statutory requirements? Q2) Would a traffic ticket written by a constable who does not meet the requirements of A.C.A. 14-14-1314 carry the force of law? RESPONSE: See Op. Att'y Gen. 2009-189, which addresses substantially similar questions. | |
| Opinion number: 2009-199 | |
| Requestor: Daniels, Charlie Secretary of State | Release date: 02/08/2010 |
| Full Opinion: HTML or PDF | |
| Q1) In light of provisions of A.C.A. 21-8-203, requiring all state employees to report income in excess of five hundred dollars from sources other than regular salary, and the fact that court reporters for circuit courts are employed by the state on a "regular salary basis" (see A.C.A. 7-8-201(2), 6-13-503(b) and Act 1327 of 2009) and can receive transcript fees from both private and public litigants (A.C.A. 16-13-506); are court reporters required to disclose transcript fees in excess of $500 paid them by public agencies? Q2) Are court reporters required to disclose transcript fees in excess of $500 paid them by private parties? RESPONSE: Q1) Yes. Q2) No. The more relevant statute is A.C.A. 21-8-204(a), which requires disclosure of, among other things, "fees or payments for professional or consultant services rendered to any public agency of this state." The statutory language does not, on the other hand, require disclosure of such fees or payments for services rendered to a private party. Thompson, 341 Ark. 253 (2000), inconsistent with the conclusion reached in Q2), is explained by its particular facts. The conclusions in the opinion are based on the assumption that "transcript fees" are "fees or payments for professional or consultant services" within the meaning of the statute. | |
| Opinion number: 2009-192 | |
| Requestor: Altes, Denny State Senator | Release date: 02/08/2010 |
| Full Opinion: HTML or PDF | |
| Would office furniture, such as desks, cabinets and chairs, be an eligible expense under A.C.A. 21-6-302(d) (county treasurer's automation fund) and 21-6-305(c ) (county collector's automation fund)? RESPONSE: While the lack of precise governing authority prevents me from being definitive, I believe the answer to your question is probably "yes." | |
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