Arkansas Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Arkansas, with full citations and the original source on every page.
No Arkansas opinions match these filters
Try a different search term or clear the filters.
When two officers were terminated for misconduct, can the police department release their full IA files to a public records requester?
Yes. The Conway Police Department's decision to release internal-affairs files for two officers who were terminated based on those files is consistent with the Arkansas FOIA. The four-part test for di…
Can a police department withhold a third-party recording of an officer's private call from a public records release?
The Conway Police Department may withhold the audio recording of a private spousal phone call (and its transcript) from a public release of an internal-affairs file because the recording is a personne…
Can a former employee block release of her personnel file because the records are old, or because they contain her signature?
Two objections rejected. First, age of records is not a FOIA exemption. The Arkansas General Records Retention Schedule sets MINIMUM retention periods; agencies may keep records longer. As long as a r…
When does the Arkansas FOIA require disclosure of a state police officer's employee-evaluation records, and what gets redacted?
Yes. The ASP custodian's decision to release the officer's two disciplinary files (2005 and 2007) as redacted is generally consistent with the FOIA. Employee-evaluation records may only be released wh…
Can the Arkansas State Police release a former trooper's termination letter under FOIA when the misconduct involves departmental rules?
Yes. The Arkansas State Police's decision to release a former trooper's termination letter detailing the policy violations that led to discharge is consistent with the Arkansas FOIA. Misconduct by swo…
Can a school board's letter recommending the superintendent's termination be withheld from a FOIA request as an unresolved personnel matter?
Yes, while it remains pending. The Sheridan School Board's letter recommending the superintendent's termination is an 'employee evaluation or job performance record' under Arkansas FOIA. Until there i…
Can a Helena-West Helena city employee block release of her personnel file when the custodian has already classified some records as exempt?
The Arkansas AG declined to give a record-by-record opinion because the records were not provided for review. The opinion lays out the standard FOIA framework: a custodian must classify each responsiv…
Can Arkansas State Police release personnel and evaluation records of a former employee who is now running for sheriff?
The Arkansas AG concluded the Arkansas State Police custodian's decision to release former employee Jim Milam's personnel and employee-evaluation records, with redactions, was mostly consistent with F…
Does an ongoing police investigation let Little Rock withhold all FOIA records relating to the police chief involved in an officer-involved shooting?
The Arkansas AG concluded that Little Rock's plan to withhold or partially withhold records relating to police Chief Keith Humphrey based on an ongoing criminal investigation was outside the AG's revi…
Can a Fort Smith city employee block release of her name, salary, hire date, and position under the Arkansas FOIA?
The Arkansas AG concluded that the basic employment information requested (employee names, salary, hire dates, position titles) is subject to FOIA inspection and copying, and the custodian was correct…
Can a former Little Rock city employee block release of his termination records under the Arkansas FOIA?
The custodian's decision to release the records, while withholding sensitive personal information and limiting evaluation-record release to those underlying a final suspension or termination, is consi…
Can a former Arkansas State Police trooper block release of his personnel and evaluation records in response to a FOIA request?
The custodian's decision to release the records appears consistent with the Arkansas FOIA. A former employee's privacy objection alone is not enough to block disclosure of personnel records, and the p…
Can a city release a former firefighter's suspension letter, termination notice, and supporting investigation records under FOIA, and does the AG decide whether medical information should be redacted?
Yes, the City of Cabot's decision to release the suspension letter, termination notice, and supporting documentation was consistent with FOIA. The records are employee-evaluation records, all four rel…
When a former police officer's personnel file is requested under FOIA, can the city release the suspension review along with redacted records, and which items must stay private?
Mostly consistent with FOIA, with corrections. The Employee Conduct Review (the document explaining the suspension) is properly released. But five Facebook posts must stay private under the personnel-…
Can a city release the termination letter of a former firefighter under Arkansas FOIA when the letter explains why he was fired?
Yes. The City of Cabot's decision to release a former firefighter's termination notice was consistent with FOIA. The notice qualified as an employee-evaluation record because it stated the reasons for…
Can a city release a former employee's personnel and termination records when the misconduct involves honesty violations, even though the subject objects?
The City of Bella Vista's redacted release of the records was consistent with FOIA. The personnel records (job application and similar) qualify for release under Young v. Rice balancing. The evaluatio…
When an internal investigation is finished but no discipline has been imposed yet, can the public get the investigation file under Arkansas FOIA?
The final investigative report is an employee-evaluation record, and because no suspension or termination has happened, it cannot be released. But lumping every supporting document in the file under t…
Can a former Fort Smith police officer who resigned before discipline get his name redacted from records released about an internal investigation?
Maybe, depending on the records' classification. If the records are his evaluation records, they are exempt because no discipline happened. If they are mixed records covering other officers, his name …
If someone FOIAs Little Rock for the personnel files of every recent hire, what gets handed over and what gets redacted?
The City of Little Rock's plan to release the personnel files of all employees hired on or after June 23, 2020, while redacting home addresses, dates of birth, telephone numbers, and Social Security i…
When an Arkansas state agency gets a FOIA request for an employee's salary and contact info, what has to be released and what has to be withheld?
The Arkansas Department of Labor & Licensing's plan to release names, job titles, salaries, dates of hire, and similar workplace data while redacting home addresses and personal phone numbers was gene…
When a Little Rock complainant FOIAs her own internal complaint file, what does the city release and what does it withhold?
The City of Little Rock's plan was consistent with the FOIA. The complainant's own statement and the decision letter sent to the complainant are her own personnel records and properly released to her.…
Does an Arkansas public employee have the right to see their own internal affairs file before discipline is final?
Yes. The City of Little Rock's decision to withhold the subject employee's own internal affairs records (because the investigation had not yet reached final administrative resolution) was inconsistent…
Was Little Rock's plan to release Mark Ison and other LRPD officers (group request)'s personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Mark Ison and other LRPD officers (group request)'s objection to t…
Was Little Rock's plan to release Officer Jeremy Graves's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Officer Jeremy Graves's objection to the City of Little Rock's pla…
Was Little Rock's plan to release Officer Hannah L. Thomas's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Officer Hannah L. Thomas's objection to the City of Little Rock's …
Was Little Rock's plan to release Detective Justin Taynor's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Detective Justin Taynor's objection to the City of Little Rock's p…
Was Little Rock's plan to release an officer's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003, issued the day before to Detective Brad Silas, which addressed virtually identical facts. Officer Harris's question (whether the City …
Was Little Rock's plan to release Officer William High's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Officer William High's objection to the City of Little Rock's plan…
Was Little Rock's plan to release Officer Courtney Bewley's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Officer Courtney Bewley's objection to the City of Little Rock's p…
Could a Little Rock police officer block release of his personnel and disciplinary records by objecting under the Arkansas FOIA?
No. The AG concluded that an LRPD detective's objections were not legally sufficient grounds to withhold his personnel and disciplinary records under the Arkansas FOIA. The custodian had to apply the …
Was Little Rock's plan to release Alva Archer's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2020-063 (Withers, January 5, 2021), which addressed virtually identical facts. Alva Archer's objection to the City of Little Rock's planned rel…
Was Little Rock's plan to release Tabitha F. Mullins's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2020-063 (Withers, January 5, 2021), which addressed virtually identical facts. Tabitha F. Mullins's objection to the City of Little Rock's plan…
Can a Little Rock city employee block release of her personnel and disciplinary records by objecting under the Arkansas FOIA?
No. The AG concluded that an employee's objections to release, including concerns about how the requester might use the information, were not legally sufficient reasons to withhold personnel records u…
Could Springdale PD release Officer Boyd's disciplinary summary even though Boyd objected the requester gave no reason for asking?
Yes, in all likelihood. Officer Rusty Boyd's objection rested on the requester not explaining her motive. The AG identified that under the Arkansas FOIA the requester's identity or motive is generally…
Could Springdale Police Department release a Springdale officer's disciplinary record listing the policies he violated and the action taken?
Yes, in all likelihood. The disciplinary summary record at issue (covering Officer Kyle Naish's name/rank, incident date(s), policy violations, and disciplinary action) likely satisfied all four prong…
Did Little Rock have to release a city employee's evaluation records when the underlying investigation was still ongoing?
Yes, the withholding was consistent with the FOIA. Under Ark. Code Ann. 25-19-105(c)(1), evaluation records cannot come out unless the four prongs are met (suspension/termination, finality, basis, com…
When a school district investigates a sexual harassment complaint, can the accused employee get a copy of the investigative report even if the FOIA otherwise exempts it?
Yes, the subject of an employee-evaluation record is entitled to it under § 25-19-105(c)(2), but the school cannot publicly release the report just because the subject 'authorizes' it. If the same rep…
Can a city withhold a police chief's suspension letter from public records when other related records have already been released?
The AG questioned the withholding. Letters from a police chief explaining the reasons for suspending an officer are employee-evaluation records, but if the disciplinary action is final and the public-…
Can the City of Beebe release a year's worth of suspension and termination records under FOIA without running afoul of personnel record privacy?
On the face of the records, yes. The AG could not verify each underlying determination but said the decision to release the suspension/termination records appeared not inconsistent with FOIA. One hand…
When my personnel file gets requested under FOIA, can the records custodian forget to redact things like my employee ID number?
The custodian's redactions were mostly correct, but the AG flagged at least two pages where the employee personnel number was missed. Personnel numbers function as computer-security identifiers and ar…
How do I get the AG to actually rule on whether the sheriff's office can release my employment records, instead of just laying out the legal test?
By submitting the actual records and the custodian's specific determinations. Without those, the AG can only set out the legal framework. The substantive answer to whether the records can be released …
Can a former police officer block release of internal investigation records related to his 2013 sexual misconduct termination, even six years later?
No. The AG concluded the four-part test for releasing employee-evaluation records was met: he was terminated, the discipline was final, the records formed a basis, and there was a compelling public in…
When a school district considers not renewing a teacher's contract, are the related records evaluation records or personnel records, and does discussing them in an open hearing make them releasable?
It depends on content. A nonrenewal letter is not automatically an evaluation record; it only is if it details performance. And discussion in a public meeting does not convert exempt records into disc…
When an Arkansas school employee disputes the district's decision to classify complaints as personnel records (not evaluation records), can the AG resolve it?
Not when the dispute is factual. The AG could not say whether complaints about a Bryant School District employee were created "at the behest of the employer to evaluate" the employee. That is a factua…
Can a former Arkansas school employee block release of his personnel file when an FOIA requester asks for grievances, suspension letters, and termination records?
The AG could not give a definitive answer because he had not seen the actual records the custodian was prepared to release. But the requester's motives and the subject's privacy and harassment objecti…
When an Arkansas school district investigates and suspends an employee for misconduct involving a student, can the district withhold the investigative records by saying there's no compelling public interest?
Likely no. The AG concluded the public has a compelling interest in disclosure when the conduct occurred during school hours and affected a student. Even when the employee holds no leadership role, th…
Can the subject of an Arkansas FOIA request for police-internal-affairs records block their release based on requester noncitizenship, requester motive, or a record-keeping statute?
The AG could not opine definitively on the merits because she had not seen the records. But she said the reasons Mr. Arthur (a former police chief) gave for objecting to release of three Springdale Po…
Can a city release a former police chief's personnel and disciplinary records under the Arkansas FOIA when the chief objects on the ground that the file was already produced to the press?
The AG concluded the City of Tontitown's custodian had correctly applied the FOIA to a request for former police chief Kris Arthur's personnel file. The records were properly classified as personnel o…
Can a city release a former employee's disciplinary records under the Arkansas FOIA when the employee objects?
The AG concluded the City of Marianna's custodian could release two disciplinary records of a former employee in response to a FOIA request. The four-part test for employee-evaluation records was met:…
When the custodian asks the AG to decide whether interview statements are an employee's personnel record or another employee's evaluation record, can the AG make that classification?
The AG declined to opine. The City of Little Rock's FOIA Coordinator was uncertain whether interview statements taken during an internal harassment investigation belonged in the complainant's personne…
Is a school district's decision to withhold employee-evaluation records under the Arkansas FOIA proper when the employee was never suspended or terminated?
Yes. The North Little Rock School District's records custodian classified the records as employee-evaluation records and withheld them because the four-part test for release was not met. The AG conclu…
When the records custodian is unsure whether a UAMS research-misconduct report is a personnel or evaluation record, can the AG opine on whether the FOIA release is proper?
The AG declined to issue a definitive opinion. Her review under § 25-19-105(c)(3)(B)(i) is triggered only after the custodian first classifies a record as either a personnel record or an employee-eval…
If a city mayor wrote a termination memo for a public works director but later rescinded the termination, can the memo still be released under the Arkansas FOIA?
It depends on a fact question the AG could not resolve. The City of Cave Springs proposed to release a termination memo from its former mayor regarding the Public Works Department manager. The memo wa…
If a university employee resigned, can his personnel and employee-evaluation records still be released under the Arkansas FOIA?
The AG declined to opine on the substance because she had not been provided the actual records and could not act as a fact-finder. But she flagged a key dispositive issue: if the employee actually res…
Can a police department release a fired officer's personnel and investigative records under FOIA over the officer's objection?
Yes. The Fort Smith Police Department's decision to release the records was consistent with FOIA. The terminated employee's belief that his termination was unfounded was not a legally sufficient groun…
Can a custodian release only employment dates, salary, and position in response to an Arkansas FOIA request for personnel records?
The AG could not opine on the specific records because she had not seen them. The opinion laid out the FOIA framework: records can qualify as personnel records or evaluation records depending on how t…
Are employee-initiated harassment complaints exempt from Arkansas FOIA as employee-evaluation records?
The AG could not see the records, so it could not confirm the custodian's classification. But the office emphasized that to count as an employee-evaluation record under Arkansas FOIA, a record has to …
Can the Little Rock School District release a former employee's eligibility-for-continued-employment file under Arkansas FOIA over the subject's privacy objection?
Yes, mostly. The records were properly classified as employee-evaluation records, and the four-prong test for release was satisfied. The personnel-records balancing test that the subject's attorney in…
Can a Little Rock firefighter use Arkansas FOIA to obtain the internal affairs investigation file resulting from his complaint against another employee, plus the Civil Service Commission appeal transcript?
The complaining employee is entitled to his own statement and submissions because employees can always access their own personnel records. The internal investigation file is an employee-evaluation rec…
Can DF&A release an Arkansas Department of Emergency Management employee's name with the amount of her performance-review pay raise under the FOIA?
Yes. The AG concluded that DF&A's decision to release the names and pay raise amounts of state employees who received raises under the new performance-review system was consistent with the Arkansas FO…
Browse Arkansas opinions by topic
Attorney general opinions in Arkansas are written by the Arkansas Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.