Little Rock, AR (JonesboroRightNow.com) – December 8, 2023- In an effort to enhance transparency and facilitate communication, Arkansas Attorney General Tim Griffin periodically releases digests summarizing recently issued opinions. The November 2023 digest encompasses various queries ranging from constitutional concerns to procedural matters. Here’s a breakdown of the questions posed and the corresponding responses:
Opinion 2023-034 Requested by Director Lorie H. Tudor, Arkansas Department of Transportation
Question: Can ARDOT moderate social media content without infringing upon free speech rights?
Brief Response: ARDOT can moderate content if done in a viewpoint-neutral, reasonable, and consistent manner.
Opinion 2023-043 Requested by State Senator Joshua Bryant
Question: Do municipalities have the authority to mandate connections to privately owned utilities?
Brief Response: Such mandates are likely unlawful as they may conflict with state law or lack genuine necessity.
Opinion 2023-052 Requested by State Representative Wayne Long
Question 1: How should a retired mayor’s benefits be calculated?
Brief Response: Benefits are based on the mayor’s salary at the time of retirement.
Question 2: Can retirement benefits be reduced after vesting?
Brief Response: The question is moot due to the absence of substantive changes in relevant laws.
Opinion 2023-060 Requested by State Representative Rick McClure
Question 1: Can local governments prohibit digital asset mining operations?
Brief Response: Local governments cannot ban such operations but can enforce relevant ordinances.
Question 2: Can existing sound guidelines be enforced alongside digital asset mining?
Brief Response: Yes, local governments can enforce sound pollution regulations.
Opinion 2023-067 Requested by State Representative Kenneth B. Ferguson
Question 1: Can the Arkansas Department of Education declare school facilities as unused?
Brief Response: Yes, with provisions for appeal.
Question 2: Can the Department sell or lease unused facilities?
Brief Response: Depends on the district’s control status.
Opinion 2023-072 Requested by Colonel Mike A. Hagar, Secretary of Arkansas Department of Public Safety
Question 1: Should records of juvenile arrests be withheld?
Brief Response: Yes, unless exceptions apply.
Question 2: Should records of non-arrested juveniles be withheld?
Brief Response: No, except for specific information.
Opinion 2023-079 Requested by State Representative David Whitaker
Question: Can a quorum court mandate online publication of county ordinances?
Brief Response: Yes, it’s within their authority.
Attorney General Tim Griffin’s digest provides insights into legal matters shaping Arkansas, ensuring clarity and compliance across diverse areas of concern. The full digest can be sent to your inbox by subscribing to the AG’s Opinions Digest by emailing communications@arkansasag.gov.