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.
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Can a school district withhold a teacher's letter of suspension because the suspension is not yet final?
It depends. A letter of suspension is generally a personnel record subject to the Young v. Rice balancing test. But if the suspension is disciplinary (initiated because the employer believes the emplo…
Can a Fayetteville city attorney release a former police officer's personnel action sheet and termination letter under FOIA when the officer objects to release?
Yes. The custodian's decision to release both the personnel action sheet (a personnel record) and the termination letter (an employee-evaluation record meeting all four release elements) is consistent…
Under Arkansas FOIA, can a city withhold a letter notifying a police officer of his administrative reassignment pending an internal investigation?
No. The letter notifying a police officer of his administrative reassignment pending an internal investigation is a personnel record, not an employee evaluation, because it documents an administrative…
Can a city redact a former police officer's records with whiteout, and can it withhold his termination letter and administrative-leave letter under FOIA?
Mostly inconsistent with FOIA. The Bay City Attorney's decisions to disclose some records and redact identifiers (SSN, DOB, DLN) were correct, but two records he withheld are personnel records that mu…
Can a city withhold a former police officer's entire personnel file because his termination was 'unrelated to acts that gave rise to a suspension or termination'?
No. A records custodian cannot withhold an entire former police officer's personnel file based on the conclusion that his termination was 'unrelated' to disciplinary acts. The FOIA requires the custod…
Can a university release an employee's discrimination complaint while withholding the outcome letter from FOIA?
Partly. The retaliation complaint is a mixed personnel record and was correctly released under the personnel-records balancing test. The outcome letter is also a mixed record: an evaluation of the com…
Should a city redact a public employee's net pay (after withholdings) from FOIA-released payment records?
Yes. Net salary payments must be redacted before release. Net pay reveals deductions that touch personal financial information (tax withholdings, retirement contributions, insurance elections, banking…
Can an Arkansas FOIA custodian use whiteout to redact, and is redacting an entire driver's license image proper?
The custodian's release of the personnel file was partially consistent with FOIA. The whiteout redaction method is wrong (FOIA requires the redaction to show where and how much was deleted, which usua…
Are workplace harassment complaint forms and exit questionnaires personnel records or evaluation records under Arkansas FOIA?
The custodian's release decision was only partly consistent with FOIA. Discrimination/harassment complaint forms are mixed records: evaluation records of the accused (must be withheld absent suspensio…
Can a former employee block release of her Arkansas personnel file by saying she does not know the requester's motive?
No. The requester's identity and motive are irrelevant under Arkansas FOIA. The subject of personnel records cannot block disclosure simply because she does not know who requested the file or what the…
Is a Camden suspension letter that doesn't list the grounds a personnel record that must be disclosed under FOIA?
Yes. The City of Camden's decision to release a former employee's suspension letter is consistent with FOIA. A suspension letter that does not recite the grounds for the suspension is a personnel reco…
Can Arkansas executive branch agencies release names, departments, and positions of employees who got merit raises?
Yes. The list of executive-branch employees who received merit raises (with business area, department, name, position title, and grade) is basic employment information that qualifies as personnel reco…
Can the subject of an Arkansas workplace investigation get the unredacted memo and emails about the complaint against her?
Yes. The Respondent in an internal complaint investigation can obtain unredacted copies of the investigation memo (her evaluation record) and the related emails (mixed personnel records). A.C.A. § 25-…
Can a public agency refuse to release records because of who is asking, or what the requester might do with the records?
No. Under the Arkansas FOIA, the requester's motives or intended use of the records are generally irrelevant to the custodian's disclosure decision. An officer-subject's suspicion about who is asking …
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 public agency release a list of state employees with names, salaries, and demographic data, but withhold birth dates?
Yes. The Office of Personnel Management may release the requested basic public-employee information (names, titles, departments, race, gender, full-time/part-time status, location, hire/termination da…
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…
Can the state release a list of executive branch employees with names, salaries, and demographic data, while withholding personnel ID numbers?
Yes. The Office of Personnel Management's decision to release records on Executive Branch employees (names, titles, departments, race, gender, full/part-time status, location, hire/termination dates, …
Can Department of the Military employees block release of their basic personnel data when included in a statewide Executive Branch employee export?
No. The custodian's decision to release records on Arkansas Department of the Military (ADOM) employees, including each employee's full name, title, department/agency, race, sex, full-time/part-time s…
Can a state agency release a roster of Executive Branch employees with names and salaries, but not their personnel ID numbers?
Yes. The Office of Personnel Management's decision to release Executive Branch employee data (full name, title, department, race, sex, full/part-time status, location, hire/termination dates, gross sa…
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 a public university release names, ranks, and salaries of faculty whose positions are being recommended for elimination under Arkansas FOIA?
Yes. The Arkansas State University System's plan to release names, ranks, employment status, departments, and current salaries of faculty whose positions are being recommended for elimination is consi…
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…
Can a Fort Smith employee block release of just her name in connection with her public-employee compensation data?
The Arkansas AG concluded the City of Fort Smith custodian's decision to release employee names along with salaries, hire dates, and position titles was consistent with the FOIA. Christi Fisher's obje…
Can a Fort Smith employee block release of her compensation data because she does not know how the requester will use it?
The Arkansas AG concluded that the custodian was correct to release City of Fort Smith employee names, salary, hire dates, and position titles while redacting sensitive personal information. The recor…
Can a Fort Smith employee block release of her name, salary, hire date, and position by claiming the requester might use the data improperly?
The Arkansas AG concluded the City of Fort Smith custodian was correct to release employee names, salary, hire dates, and position titles while redacting sensitive personal information. The record sub…
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 city refuse to release records of federal pandemic relief payments to its employees under the Arkansas FOIA?
Yes, the city's decision to release the records was consistent with the Arkansas FOIA. Records of ARPA payments to city employees are personnel records subject to the Young v. Rice balancing test, and…
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 withhold all the records from a police promotion file by classifying them as job-performance records, or do parts of that file have to be released under FOIA?
Mostly consistent with FOIA. Sherwood properly withheld letters of recommendation as job-performance records of the candidates being recommended. But resumes, physical fitness records, and the chief's…
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 in Arkansas release the names, job titles, and salaries of its employees in response to a FOIA request, even when an employee objects?
Yes. The Fort Smith records custodian's decision to release employees' names, job positions, and salaries was consistent with the Arkansas FOIA. Under the personnel-records balancing test, the public'…
Can a city release a police captain's name with his salary and job position over his objection that the FOIA request is overly broad and an invasion of all employees' privacy?
Yes. The City of Fort Smith's decision to release Captain Gallant's name in conjunction with his salary and job position is consistent with FOIA. The analysis is identical to Op. Att'y Gen. 2021-084 i…
Can a city release a police detective's name with her salary and job position under FOIA when the detective fears the release will harm her family?
Yes. The City of Fort Smith's decision to release Detective Charity Abbott's name in conjunction with her job position and salary is consistent with FOIA. The analysis is identical to Op. Att'y Gen. 2…
Can the City of Fort Smith release a list of all employees' names, job positions, and salary increases since 2015 over an employee's objection that release would harm or embarrass him?
Yes. Public employees' names, job positions, and salary information (including increases) are personnel records under Ark. Code Ann. § 25-19-105(b)(12). Their release does not generally constitute a c…
If a police officer's job application mentions criminal charges that were later sealed or expunged, can the city release that part of the personnel file under FOIA?
The Benton custodian's redacted release was likely not entirely consistent with FOIA. References in Officer Bennett's personnel file to charges that were nolle prossed and later sealed or expunged car…
If a FOIA request for an Arkansas state trooper's personnel file looks politically motivated, can the custodian deny it on that ground, and what should be redacted?
A requester's political or subjective motive is irrelevant under Arkansas FOIA. The Arkansas State Police custodian's stated redaction list (medical, personal contact info, home address, phone, DOB, S…
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…
Is every email a public employee sends from their work account automatically a public record under Arkansas FOIA, and can a vague or voluminous request be denied?
No to both. Whether an email is a public record depends on its content, not who sent it. The custodian decides that case by case. A voluminous request can be acknowledged with a longer timeline, but c…
Can the public see how much sick leave or annual leave a public employee has used under Arkansas FOIA, even if the employee objects?
Yes. The AG has consistently held that leave and attendance records are personnel records that should generally be disclosed under FOIA. The public's interest in seeing whether an agency follows its l…
Are recorded promotional interviews of police candidates 'employee evaluation records' (rarely releasable) or 'personnel records' (released after a privacy balancing test) under Arkansas FOIA?
Likely personnel records, not evaluation records. The AG drew on Young v. Rice's treatment of police promotional exam materials. The custodian still has to apply the personnel-records balancing test, …
Can a city release a list of HR complaints against a named public employee under Arkansas FOIA, including allegations that turned out to be unfounded?
Yes. The AG concluded the list of complaints, allegations, and dispositions is a personnel record and the public's interest in seeing how the city handles HR complaints generally outweighs the employe…
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…
When a school superintendent gives the school board documents in a brown envelope she calls 'correspondence', can the school district withhold them under FOIA?
No. The AG concluded the records are either personnel records of the superintendent (releasable subject to balancing) or non-exempt public records (plainly releasable). Either way, withholding them is…
Can a former Cabot police officer block release of records related to his decertification by claiming the requester wants to slander him?
No. The records are subject to release under FOIA, and the requester's motive is irrelevant. A subject's belief that the records will be misused is not a legal basis to deny disclosure.
What records about part-time city employees can be released under Arkansas FOIA, including applications, contracts, and payroll records?
Most of them. Applications for employment, contracts for employment, and payroll records are personnel records that the public can see under FOIA. Tax withholdings, payroll deductions, and personal fi…
Can the City of Rogers release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Can ten Sherwood city employees keep their names out of a FOIA release of salary, hire date, position title, and employee name data?
No. Their names are part of the personnel record subject to release under Arkansas FOIA. Sensitive personal information (address, DOB, phone, SSN) is redacted, but the employees' names go with the sal…
Can the City of Calico Rock release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Can the City of Decatur release a public employee's salary, hire date, position title, and name under Arkansas FOIA?
Yes. The salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information must be redacted. The named employee's…
Can the City of Wynne release its employees' salary, hire date, position title, and name under Arkansas FOIA when the named employees object?
Yes. The salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information like home address, DOB, and SSN must b…
Can a city release a public employee's salary, hire date, position title, and name in response to an Arkansas FOIA request?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Can the City of Heber Springs release police department employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees, including police officers, are personnel records that the public can see under FOIA. Sensitive personal information must be redact…
Can the City of Crossett release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information must be redacted. Employee objection is no…
Can a North Little Rock School District employee block FOIA release of all NLRSD personnel records by claiming the requester is trying to 'create havoc' for the communications coordinator?
No. The AG referred the requester to Op. 2021-028 (issued the day before, identical analysis). Requester motive is irrelevant. The request, even voluminous and adversarial, must be processed under the…
Can a North Little Rock School District employee block FOIA release of personnel records by claiming the requester's motive is a personal vendetta against the communications director?
No. The requester's motive is generally irrelevant to FOIA disclosure decisions. The AG cannot enforce FOIA against a custodian, but the custodian must apply the standard personnel-records framework, …
What records about a former Russellville School District employee can be released after he was placed on administrative leave and then terminated?
Most of them, but not exactly as the custodian planned. The AG identified additional information that should be redacted, redactions that may not be valid, and documents that should not be released if…
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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.