Judges: WINSTON BRYANT, Attorney General
Filed Date: 12/3/1993
Status: Precedential
Modified Date: 7/5/2016
The Honorable Chris Raff Prosecuting Attorney Seventeenth East Judicial District 411 North Spruce Street Searcy, Arkansas 72143
Dear Mr. Raff:
This is in response to your request for an opinion on the following questions regarding the Arkansas Freedom of Information Act (FOIA), which is codified at A.C.A. §§
1. What constitutes a "meeting" for purposes of the Arkansas Freedom of Information Act?
2. Is it a violation of the Arkansas Freedom of Information Act for members of a quorum court or a quorum court committee to adjourn their noticed meeting and publicly state that the members will adjourn to a local restaurant for coffee and at the restaurant the members discuss no county business?
This office has previously addressed the situation which has given rise to your questions in Ops. Att'y Gen.
With regard to your second question, it is my opinion that the answer is "no." As previously stated, the FOIA only applies to those meetings where members of a governing body discuss, or take action on, any matter on which foreseeable action might be taken by the governing body. A factual inquiry, which would involve the principles discussed in the opinions cited above and which is beyond the purview of an Attorney General's opinion, would be necessary in order to determine whether any particular gathering constitutes a "meeting" for purposes of the FOIA.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Nancy A. Hall.
Sincerely,
WINSTON BRYANT Attorney General
WB:cyh
Enclosures