Supervision (ADH): Arkansas Legal Environment (Update Module I) Course I.D. #1027896

1. Supervision (ADH):Arkansas Legal Environment(Update Module I)Course I.D. #1027896 Providers: Ann Purvis Reggie Rogers

2. Branches of State Government Freedom of Information Act(FOIA) It’s The Law Fair Labor Standards Act

3. Branches Of State Government

4. Overview of State Government

5. Overview of State Government • Branches of Government: • Executive Branch • Legislative Branch • Judicial Branch

6. Overview of State Government • Constitution of the State of Arkansas of 1874. • Article Four (4) of the Constitution. • Departments of State Government: • Legislative • Executive • Judicial

7. Overview of State Government • Article Six (6) of the Constitution. • Outlines the Executive Department of the State of Arkansas. • http://www.sos.arkansas.gov/ar-consitution/arcart6/arcart6.htm • Twenty-three (23) sections.

8. Overview of State Government • Executive Branch: • Elected Officials: • Governor – Mike Beebe • Lieutenant Governor – Mark Darr • Secretary of State – Mark Martin • Attorney General – Dustin McDaniel • Treasurer of State – Martha Shoffner • Commissioner of State Lands – John Thurston • Auditor of State – Charlie Daniels

9. Overview of State Government • Governor: • The Chief Executive Officer of the State. • “Section 2 – The Supreme Executive power of the State shall be vested in Chief Magistrate who shall be styled ‘The Governor of the State of Arkansas’.”

10. Overview of State Government • Lieutenant Governor: • Presides over Senate with tie-breaking vote. • Acting Governor when Governor out-of-state. • Becomes Governor, if current governor: • Is impeached • Is removed from office • Dies • Is otherwise unable to serve

11. Overview of State Government • Secretary of State: • Official Keeper of Records: • Keeps a full and accurate record of all official acts and proceedings of the Governor • Provides those records to the General Assembly when required • Superintendent of Public Instruction (until otherwise provided by law) • Such duties as may be prescribed by law

12. Overview of State Government • Attorney General: • State’s top law enforcement officer and its chief consumer advocate.

13. Overview of State Government • Attorney General’s Major Duties: • Representing most state agencies, boards and commissions in courts of law. • Advocating for citizens with regard to environment, utilities, antitrust and consumer protection issues. • Providing opinions on legal issues presented by legislators, prosecutors and heads of state agencies.

14. Overview of State Government • Attorney General’s Major Duties (cont’d) • Pursuing civil remedies on behalf of the Arkansas Medicaid Program for fraud and neglect. • Handling all criminal appeals and habeas corpus matters on behalf of the state.

15. Overview of State Government • Commissioner of State Lands: • The landed interests of this state shall be controlled by the Commission of State Lands, and he or she shall dispose of them as provided by law.

16. Overview of State Government Treasurer of State “A bank for the State” “General accountant of the State” Auditor of State “General accountant of the State”

17. Overview of State Government • Legislative Branch: • General Assembly: • Senate • House of Representatives

18. Overview of State Government • Arkansas Senate: • Chosen by district electors: • Every four (4) years • Thirty-five (35) districts

19. Overview of State Government • Arkansas House of Representatives: • Chosen by county electors: • Every two (2) years • One-hundred (100) districts

20. Overview of State Government • Arkansas General Assembly: • Website – www.arkleg.state.ar.us/ • Legislators • Committees • Calendars • Search for • Bills • Acts • Arkansas Code

21. Overview of State Government • Judicial Branch: • Supreme Court. • Court of Appeals. • Courts of original jurisdiction. • Circuit Courts • District Courts

22. State Government Structure

24. Chief Fiscal Officer of the State

25. Overview of State Government • The Chief Fiscal Officer of the State: • Director. • Department of Finance & Administration.

26. Overview of State Government • Chief Fiscal Officer: • Assist the Governor in the preparation of the financial plan. • Develop procedures to produce the information needed for effective policy decision-making.

27. Overview of State Government • Chief Fiscal Officer (cont’d): • Assist agencies in developing: • Statement of goals and objectives • Program plans and budget requests • Systems of evaluating and reporting of program performance

28. Overview of State Government • Chief Fiscal Officer: • Keeps the Legislative Council and any interim committees of the General Assembly informed of: • Actual performance of these agencies as compared to that predicted in the program budget requests • Administer responsibilities under the program budget provisions so that the policy decisions and budget determinations of the General Assembly and Governor are effectively implemented

29. Overview of State Government • Department of Finance & Administration: Functions • Collection of revenues • Control management Website • http://www.arkansas.gov/dfa/

30. Arkansas Department of Health

32. Overview of State Government • Arkansas Department of Health: • Mission Statement:To protect and improve the health and well-being of all Arkansans. • Vision Statement: Optimal health for all Arkansans to achieve maximum personal, economic and social impact . • Website: http://www.healthy.arkansas.gov

33. Break Time Ten (10) minutes

34. Freedom of Information Act(FOIA) Arkansas Attorney General’s Office Dustin McDaniel, Attorney General

35. Guides to Interpretation • Freedom of Information Handbook, (12th Edition). • Watkins and Peltz, Arkansas Freedom of Information Act (4th Edition, 2004). • Attorney General’s Website: www.arkansasag.gov

36. History of the FOIA • Arkansas Freedom of Information Act (FOIA) initially adopted in 1967. • Codified at Arkansas Code Annotated. 25-19-101 et seq.

37. History of the FOIA (cont’d) • Arkansas Freedom of Information Act initially adopted in 1967 (cont’d). • Covers two broad areas: • Public meetings • Public records • Amended to specifically include “Electronic or Computer-Based Information or data compilations in any medium.”

38. Legislative Intent • A.C.A. § 25-19-102: • To insure that electors or their representatives are fully advised of the activities and decisions of their public officials. • Case law sets forth liberal interpretation rule (Laman v. McCord, 245 Ark. 401 (1968)). • Exemptions to be narrowly construed (Bryant v. Mars, 309 Ark. 480 (1992); Orsini v. State, 340 Ark. 665 (2000)).

39. Scope of the FOIA • Requires most meetings of “governing bodies” to be open to the public. • Allows the public to inspect and receive copies of public records of governmental agencies unless the law makes an exception for them.

40. Scope of the FOIA (cont’d) • Can apply to meetings and records of private organizations if they receive public funding.

41. FOIA Does Not Require: • Citizen participation at meetings (just attendance): • Refer to A.C.A. § 14-14-109(b), requiring county boards to afford citizens “a reasonable opportunity to participate prior to the final decision.” • Any Particular time period for record retention: • Refer to A.C.A. §§ 25-18-601 to -605 concerning records retention by “state agencies,” and • County records retention requirements at A.C.A. §§ 13-4-301 to -308).

42. Public Meetings Which meetings must be public?

43. Public Meetings (cont’d) • A.C.A. § 25-19-103(4) defines public meetings as “meetings of any bureau, commission, or agency of the state, or any political subdivision of the state, including municipalities and counties, boards of education, and all other boards, bureaus, commissions, or organizations in the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds.”

44. Public Meetings (cont’d) • A.C.A. § 25-19-106(a) establishes the opening meeting requirement: • “All meetings, formal or informal, special or regular” of the “governing bodies” of cities, counties, school districts, state entities, and some private entities • Act is triggered even if no official action is taken.

45. Private Entities Private Entities can be subject to the Act if . . .

46. Private Entities (cont’d) • 1) In receipt of direct public funding (whole or partial funding, Sebastian Co. Chapter of American Red Cross v. Weatherford, 311 Ark. 656 (1993)), and • 2) Activities are of public concern and intertwined with those of the government.

47. Private Entities (cont’d) • 2) Activities are of . . . • Indirect public support not sufficient to trigger the Act. • Partial funding of discrete activity requires openness only as to activity funded (City of Fayetteville v. Edmark, 304 Ark. 179, 801 S.W.2d 275 (1990)).

48. Open Public Meetings A.C.A. § 25-19-106(a) • Only applies to “Governing Bodies” with decision-making power. • Subcommittees of governing bodies are covered, as are any other committees with delegated power to decide (Baxter County Newspaper, Inc., v. Medical Staff of Baxter General Hospital, 273 Ark. 511 (622 S.W.2d 495 (1981) and Ark. Gazette Co. v. Pickens, 258 Ark. 69 (1975) & Op. 2002-092).

49. Open Public Meetings (cont’d) A.C.A. § 25-19-106(a) • Does not apply to staff meetings (Nat’l. Park Med. Ctr. v. Ark. DHS, 322 Ark. 595 (1995). • Or to advisory bodies unless de facto governing body; Op. 2006-059 (but records are subject).

50. Open Public Meetings (cont’d) A.C.A. § 25-19-106(a) • Advisory committees composed partially of board members might be covered (Op. 2000-260). • A specific statute may govern particular meetings. • Records may be open but meetings closed, if not a “governing body.”