AACFAMILY & FRIENDS
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AG Opinions: From court records to coroners’ issues
Administrative Order No. 19 addresses and governs over the FOIA concerning certain court records requests. Te order provides a distinct procedure that is in- dependent and applies to certain types of requests for court records. Te Freedom of Information Act (FOIA) is a gap-filler. Administrative Order No. 19 that explicit- ly provides: “Except as otherwise provided by this order, access to court records shall be governed by the {FOIA}.” Te AG went on to explain that Section IV of Adminis- trative Order No. 19 sets forth a detailed and lengthy process that governs requests for compiling information, such as a back- ground check or bulk record requests. Te order also provides for an appeal process for aggrieved requesters to the Supreme Court Committee on Automation.
sion Order voluntarily supplied to an as- sessor by the oil and gas industry is sub- ject to release by the assessor under the FOIA. Te AG noted that Division Or- ders are of great value and costs savings to assessors in ascertaining the proportional ownership of oil and gas interest. Te AG further noted that Division Orders were at substantial costs and efforts and if pro- vided to competitors could undermine the owner’s competitive advantage. Te AG determined that a court would very likely hold that the Division Orders as described under the facts of the inquirer are exempt from public disclosure. Te AG also concluded there is no apparent law that would apply to Division Orders to require public disclosure.
surers are authorized to commission the profits from prisoner commissary services and prison telephone services deposited with them. Te AG noted that ACA §21- 6-302(a) provides that the county treasur- er shall be required to collect a treasurer’s commission of 2 percent on all funds com- ing into their hands as treasurers and to be paid out of the respective funds except as otherwise provided by ACA §§ 6-13-
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AG OPINION NO. 2015-147 Te AG determined that county trea-
AG OPINION NO. 2016-053 Te AG considered whether the Divi-
AG OPINION NO. 2015-121 Te AG made clear that Supreme Court
701, 6-17-908, 6-20-221, 14-19-913, 14- 284-403, and 21-6-104. Te AG further explained that the commission must be charged before crediting the funds to the Sheriff’s Office Fund and that 100 percent of the funds (remaining after the commis- sion) shall be credited to the Communi- cations Fund. Te AG noted also that it did not make a difference in taking the commission whether the Communica- tions Facility and Equipment Fund is on the books of the county treasurer or the sheriff.
court costs, restitution and fines must be paid in full immediately unless the court grants permission for payment within a specified time or partial payments. Te AG noted that ACA §16-10-209(5)(F) (i) directs that partial payments in district courts shall be directed to court costs, then to restitution and then to fines. However, there is no statute directing the allocation of partial payments in circuit court. Te circuit court has discretion within the or- der on partial payments to assure that (for instance) restitution is paid first. Tere are, however, some fees such as install- ment fees and credit card fees that must be paid prior to distribution. Under prior law, counties and cities were authorized to adopt ordinances directing the order of al- location of partial payments.
AG OPINION NO. 2016-002 A quorum court apparently had adopt- ed an ordinance attempting to create an ambulance service, but failed to adopt an assessment or millage as a means of fund- ing the district as required by the law. Te AG determined that the ordinance was in- valid. Te AG explained that a service dis- trict may be created by petition and coun- ty court order under ACA § 14-282-102 (a)-(d). However, the creation of a district under ACA § 14-282-102(e) by ordinance expressly requires the ordinance to desig- nate the area to be affected and to set forth the method of assessment or funding.
AG OPINION NO. 2016-010 Te AG determined that a county offi- cial or employee could not sell or donate
AG OPINION NO. 2016-036 Te AG explained the law provides that
real property to a county. ACA §14-14- 1202 allows a county official or employee to enter into con- tracts with a county where the quorum court finds by a two-thirds vote the trans-
AG Opinions
Mark Whitmore AAC Chief Counsel
action is in the best interest of the county and there are unusual circumstances under which the purchases are allowed. Howev- er, the law is limited to goods or services and does not authorize the sale or dona- tion of real property.
AG OPINION NO. 2016-030 In this opinion, the AG addresses mul- tiple questions regarding county coroners. Te AG stated that a coroner’s operating expenses are not fixed by state law. It is the role of the quorum court to appropriate sufficient funds to cover necessary expens- es incurred by the coroner in the perfor- mance of the official duties of that office. Te AG noted the Mass Fatality Resource Inventory and Mutual Aid Agreement, ACA §14-15-309, which provides guid- ance for the types of items the General Assembly contemplated would be avail- able to coroners. Examples of items coro- ners need to perform their official duties include: body refrigeration units, investi- gative equipment, body recovery equip- ment, vehicular equipment, and office space. Te AG also stated that a coroner is entitled to membership in the Arkansas Public Employees Retirement System if he or she can demonstrate that: 1) he or she works at least 80 hours per month during a 90 consecutive- day period and 2) his or her rate of pay is not less than the federal minimum wage. Finally, the AG opined that state law generally does not contem- plate coroners serving under a contract. In the AG’s opinion, a county cannot compensate an elected coroner as an inde- pendent contractor. Tis pronouncement is in reference to the county coroner, the official. Tis opinion is not in reference to elected deputy coroners.
COUNTY LINES, SUMMER 2016
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