Question 1: What is the deadline for a petition to change the form of the City of Fort Smith’s government pursuant to Ark. Code Ann. § 14-48-105(b)(1)(A)(i) to be presented to the mayor in order for the proposition to be on the ballot in November 2026?
Brief Response: To ensure placement of the measure on the November 3, 2026 general election ballot, the petition must be presented to the mayor—and the resulting proclamation filed with the county clerk—no later than August 25, 2026.
Question 2: Assuming the proposition to change the city’s form of government to the mayor-council form is on the ballot in November 2026 and the proposition is approved by the voters, when would the election for the required officials under the new form of government (mayor-council) be held?
Brief Response: The mayor, city clerk, and city council members would be elected at the November 2028 general election. The city attorney and city treasurer, however, would be elected at the November 2030 general election unless the city adopts an ordinance under A.C.A. § 14-43-303(a)(3), providing that the mayor, city clerk, city attorney, and city treasurer shall be elected on the same date and every four years thereafter. If the city adopts such an ordinance, those offices may also be filled at the November 2028 election.
Question: Is the custodian's decision to release the requested records consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: In my opinion, the emails and text messages are properly classified as personnel records, and the custodian’s decision to release them is consistent with the FOIA. To the extent there is a question about whether the custodian properly provided notice regarding a prior FOIA request, that issue falls outside the scope of my review under A.C.A. § 25-19-105(c)(3)(B).
Question: Is the custodian’s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: Although I do not know how the custodian has classified the responsive records, it is my opinion that the custodian’s decision to release the records as redacted is likely consistent with the FOIA. Most of the records at issue are personnel records, and the custodian has correctly determined that they must be disclosed with certain information redacted. Only one document, the Personnel Investigation Report and Finding, qualifies as an employee-evaluation record. It is my understanding that your termination is administratively final. If so, this report must also be released because the criteria for disclosing employee-evaluation records would be met.
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