Registration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
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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: Is the custodian’s decision to release the requested records consistent with the Arkansas Freedom of Information Act?
Brief Response: In Opinion No. 2025-060, I reviewed a similar request concerning these records and concluded that the records at issue included both personnel and employee-evaluation records; that most of the records were subject to disclosure, provided that certain exempt employee information, including date of birth and personal contact information, was redacted; and that information contained in employee-evaluation records relating to an allegation for which Captain Ware was exonerated should be withheld, while information relating to the sustained allegation should be disclosed. My opinion remains unchanged.
Question: Do the provisions of Act 991 of 2025 affect A.C.A. § 14-61-111 and the election of a mayor in a city manager form of government?
Brief Response: Act 991 amended A.C.A. § 7-5-106 to require a runoff general election when no candidate for a municipal office receives a majority of the votes cast. But A.C.A. § 7-5-106 expressly provides that the term “municipal office” does not include offices of cities having a city manager form of government. Additionally, A.C.A. § 7-5-106 states that it “does not apply to election of members of the boards of directors and other officials of cities having a city manager form of government.” Thus, because the elections of city officials in cities having a city manager form of government fall outside the scope of A.C.A. § 7-5-106, Act 991 did not change the manner in which a mayoral candidate is elected in the city manager form of government, nor did it amend, repeal, or otherwise affect A.C.A. § 14-61-111. Arkansas Code § 14-61-111 continues to govern the circumstances under which a candidate for mayor in a city operating under the city manager form of government may be elected without receiving a majority of the votes cast.
Question 1: Does Act 991 change or alter the way that City Directors are elected in the City Manager form of government?
Question 2: Did Act 991 affect, amend, or even repeal Arkansas Code § 14-47-110 in any fashion?
Question 3: Are City Directors in a City Manager form of government still elected by a plurality of the vote?
Brief Response: No, Act 991 of 2025 did not change the way in which city directors are elected in the city manager form of government. Act 991 amended A.C.A. § 7-5-106 to require a runoff general election when no candidate for a municipal office receives a majority of the votes cast. But A.C.A. § 7-5-106 expressly provides that the term “municipal office” does not include offices of cities having a city manager form of government. Additionally, A.C.A. § 7-5-106 states that it “does not apply to election of members of the boards of directors and other officials of cities having a city manager form of government.” Thus, Act 991 did not change the manner in which city directors are elected, nor did it amend, repeal, or otherwise affect A.C.A. § 14-47-110. Accordingly, city directors in a city manager form of government continue to be elected by a plurality of the vote.
