Question: Does a county possess the legal authority to have and place a county-wide sales tax on the ballot that is solely and entirely dedicated and designated for fire departments within the county?
Brief Response: A county’s authority to place a county-wide sales tax on the ballot that is solely and entirely dedicated to fire departments within the county depends on the statutory authority under which the tax is levied. Under A.C.A. § 26-73-113, a county may place such a tax on the ballot if the proposed tax’s use falls within the permissible uses listed in A.C.A. § 26-73-113(a)(2). Alternatively, under A.C.A. §§ 26-74-201 through -223 or A.C.A. §§ 26-74-301 through -321, a county may place such a tax on the ballot if the ballot title and levying ordinance specify the desired distribution and the affected local governments execute an interlocal agreement concerning that distribution.
Question: Is the custodian’s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: Because I have not been provided with copies of the records at issue, I cannot review the records or determine whether they have been properly classified under the FOIA. Similarly, I cannot determine whether the custodian has properly redacted exempt information. Thus, I cannot definitively state whether the custodian’s decision regarding the release of the records is consistent with the FOIA. Instead, I have set out the legal standards governing the disclosure of personnel records and employee-evaluation records under the FOIA.
Question: Is the custodian's decision to withhold records concerning a firefighter’s termination as “personnel records” consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: It appears that the custodian has determined that the requested records are all personnel records that should be withheld under A.C.A. § 25-19-105(b)(12) because their release would “constitute a clearly unwarranted invasion of personal privacy.” Because I have not been provided with the records in question, I cannot determine whether the custodian properly classified the records or whether his decision to withhold them is consistent with the FOIA. But it is unlikely that all of the requested records—“disciplinary records and write-ups, complaints and incident reports, and personnel action forms”—constitute personnel records. I set forth in the opinion the legal standards that the custodian must apply to determine whether to release or withhold the records in question.
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