Opinion Number: 2021-031 Requestor:   Wing, Carlton The Honorable

Is the definition of "safety sensitive position" for purposes of the Arkansas Medical Marijuana Amendment (Amendment 98) limited to only those positions working with confidential information pertaining to a criminal investigation, or does it include positions working with confidential information unrelated to criminal investigations?  RESPONSE:  The definition of "safety sensitive position" under Amendment 98 identifies two distinct positions -- one that involves working with confidential information and one that involves working with criminal investigation documents.  Accordingly, the definition is not limited to positions working with confidential information pertaining to a criminal investigation.

Opinion Number: 2020-054 Requestor:   Johnson, Mark The Honorable

Q1) Can the county clerk use poll books to compare absentee application signatures in lieu of the voter registration application under A.C.A. § 7-5-404?  a) If not, should the voter be provided an absentee ballot?  b) If the county clerk is in error for not maintaining the permanent record of the voter, can the county clerk request the voter complete a new voter registration application, while maintaining the original applied date and use the new signature for comparison to the absentee application for best practice, while also fulfilling the requirements under A.C.A. § 7-5-404?  Q2) Are county employees required to take leave to perform campaign functions or participate in campaign activities, including but not limited to attending campaign events, virtual or in-person, holding signs for candidates, hosting or attending fundraisers, or any other event that is for the purpose of promoting a candidate or ballot issue?  Q3) Part 1:  Do the powers provided to the county judge where he or she may limit access to county buildings under A.C.A. § 14-14-1102 also expand to limiting or denying access to the public during an election when the building is a) the location is an early vote site; b) the location is an election day vote center; c) the location is where absentee ballots are canvassed; d) the location is where the election commission holds meetings; and e) the location is where the hearings are heard for voters.  Part 2:  Is this a violation of the Arkansas Freedom of Information Act (FOIA)?  Q4) Do the powers provided to the county judge where he or she may limit access to county buildings under A.C.A. § 14-14-1102 also expand to limiting or denying access to the public during public meetings under the FOIA?  Q5) Do the powers provided to the county judge under A.C.A. § 14-14-1104 also expand to denying access to the county election commission offices by the county board of election commissioners during normal business hours or during their scheduled meeting times?  Q6) Do the powers provided to the county judge under A.C.A. § 14-14-1102  also expand to denying access to the quorum court during budget meetings?  Q7) Do the county board of election commissioners have to bring up a full vote to simply request any documents from commission staff who have been removed from their authority to the county's supervision for documents that are already public, but also under the name of the county board of election commissioners?  Q8) Does the county board of election commissioners have the right to their contracts, bills, day-to-day operations and processes under the FOIA?  Q9) Does the county board of election commissioners have a right to access all documents, buildings, social media platforms, and so forth bearing their name?  Q10) Does the county board of election commissioners have the authority to review contracts under their purview?  RESPONSE:  Please review the published opinion for responses to these questions.