2007-2008 Arkansas Legislative Digest, Inc

______-SCAN SHEET- Summaries of opinions of the Attorney General issued during the current week are published on this tempo- rary page(s). These pink pages are for your convenience in scanning the opinions for items of interest as they are published, rather than searching for newly issued opinions in the full numerical index.

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2008-071 McDaniel 7/15/2008 to use the Advertising and Promotion Commission Act, Privacy (Federal Privacy Act; Social Security A.C.A. 26-75-601 et seq., instead of Secs. 26-75-701 Number/Birth Date) - (Private Audit Firm; Municipal Em- through -705 for the taxing authority, is the City of Eureka ployee Information) – FOIA. Question: 1) Does the Arkan- Springs limited to only taxing hotels, motels, and short-term sas Code incorporate or require compliance with provisions condominium rental accommodations under it’s A & P tax of the federal Privacy Act of 1974, 5 U.S.C. sec. 552a, as ordinance? amended? 2) What Arkansas Code provision protects the ______privacy rights of citizens of Arkansas from the disclosure of Requested by: Bryan King, State Representative, Green social security numbers and birth dates to third parties who Forest are not listed as one of the exemptions in the Privacy Act? Opinion: 1) No. The statute expressly lists only hotels, mo- 3) May a city administrator release the social security num- tels, and short-term condominium rental accommodations. ber and birth date of the spouse of a municipal employee to 2) The question of whether "cabins, cottages, bed and a private audit firm engaged by the city to conduct a forensic breakfasts and camp grounds" are within the terms of the audit on the municipal employee? 4) May a public agency statute may depend upon the facts surrounding a particular (Airport Commission) deny a citizen ready access to public lodging establishment. Legislative clarification is warranted. records in accordance with the Arkansas Freedom of Infor- 3) Yes. As noted above, however, the scope of the statutory mation Act ("FOIA") by requiring the requestor to go to the provision is not entirely clear. office of the public agency's attorney to view records select- Author: Jack Druff - See Full Opinion ed by the agency and its attorney? 2008-094 McDaniel 7/15/2008 ______Workers’ Compensation (Vacation/Sick Leave; Accrual Requested by: Ruth Whitaker, State Senator, Cedarville While Drawing Benefits) – Municipalities – Public Em- Opinion: 1) Yes. The FOIA, in providing for public inspec- ployees. Question: Pursuant to state law, can the Hartford tion of records, allows for exceptions under “laws specifical- Chief of Police, who is injured and currently drawing Work- ly enacted to provide otherwise.” This language is sufficient- ers' Compensation benefits supplemented with accrued va- ly broad to encompass the federal Privacy Act, or at least cation and sick leave, continue to accrue vacation and/or the one section of the Privacy Act which applies to state and sick leave? local agencies. That section, however, is not clearly appli- ______cable to the release of social security numbers by state and Requested by: Ed Wilkinson, State Senator, Greenwood local officials. 2) A.C.A. 4-86-107 provides that no person Opinion: Yes. To the extent the Chief of Police is still "em- or entity may "publicly post" or "publicly display" an individu- ployed" by the City, he is entitled to the annual vacation and al's social security number. See also Administrative Order sick leave awarded by state statutes. ACA 14-52-106 and 19 of the Ark. Supreme Court regarding court records. No -107. single Arkansas law comprehensively protects social securi- Author: Elana C. Wills - See Full Opinion ty numbers or dates of birth. 3) Probably yes, and the private audit firm would also be bound by the FOIA if it re- ceived a request for records of the city audit. 4) Consulta- tion with legal counsel for the purpose of separating exempt from nonexempt information may be justified, and it may be impossible to afford immediate, unrestricted access to records. Author: Elizabeth A. Walker - See Full Opinion 2008-083 McDaniel 7/8/2008 Municipalities (A & P Tax; Types of Lodging) – Taxation. Question: 1) Does the language of A.C.A. 26-75-602(c ), which authorizes a advertising and promotion sales tax on certain lodging establishments, include any other establishments aside from the ones that are specifically stated, "ho- tel, motel, or short-term condominium rental accommodations?" 2) Does the language in the above mentioned Code section include cabins, cottages, bed and breakfasts, camp grounds, or any other lodging facilities that are not hotels, motels or short-term condominium rentals? 3) By choosing

The Interim Service (1) May 17, 2018