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 DF&A release a state employee's name with the amount of her performance-review pay raise under the Arkansas 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…
Can DF&A release a state DHS physician's name with the amount of her performance-review pay raise under the Arkansas 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…
Can DF&A release a state employee's name with the amount of her performance-review pay raise under the Arkansas 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…
Can DF&A release a state Arkansas Health Center supervisor's name with the amount of his 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…
Can Arkansas DF&A release the names and pay raise amounts of state employees who got raises under the new performance review system in response to a FOIA request?
Yes. The AG concluded that the names and pay raise amounts of state employees who received raises under the new performance review system were personnel records subject to release under the Arkansas F…
Can the City of Gentry release a former police officer's application and training records under FOIA while withholding his performance evaluations, medical records, and crime-information-center reports?
Likely consistent with the FOIA. The AG concluded the City of Gentry's plan to release a former police officer's application, interview notes, training certificates, fingerprint verification, and simi…
Can the City of Little Rock release some records and withhold others in response to a city employee's FOIA request for the disposition of harassment complaints involving IT personnel and her own personnel file?
Mostly consistent with the FOIA, with one important correction. The City of Little Rock's HR department was correct that records the requesting employee already had access to as her personnel records …
Can a school district release records from a sexual-harassment investigation that ended a superintendent's employment under the Arkansas FOIA, and what must be redacted?
Mostly consistent with the FOIA. The AG concluded that Fayetteville Public Schools District's decision to release nearly 200 pages of records relating to the sexual-harassment investigation that ended…
When an Arkansas state employee's personnel file is released under FOIA, do tax withholding details and performance evaluation columns have to be removed?
Yes. The AG concluded that the AREC's release was generally proper, but federal tax withholding information, an employee performance evaluation column on a bonus document, the employee's Personnel Num…
Can an Arkansas state agency release a current employee's personnel file under FOIA, and what has to be redacted before it goes out?
Yes. Most personnel records must be released, but the agency must redact items like Social Security numbers, dates of birth, home addresses, tax and banking details, and any internal Personnel/PIN num…
When does the Arkansas FOIA require a city to release disciplinary records of a senior public employee, even over the employee's objection?
When the disciplinary record involves repeated infractions by a high-ranking employee, including matters touching public funds, the AG considers the 'compelling public interest' standard met and the c…
Can a Fort Smith Police Department internal investigation file be released under FOIA when the officer resigned before the investigation finished, but the department says he was terminated?
The AG declined to definitively resolve the question. Whether the officer resigned or was terminated is a factual dispute outside the AG's review authority. The custodian must classify the records and…
Are complaints about Arkansas public school employees exempt from FOIA, and what should a requester do when an agency claims a record does not exist?
The AG declined to opine on the abstract question of whether complaints are exempt, explaining that classification depends on the specific record's circumstances. The AG also noted she has no power to…
Can a state agency release a former employee's evaluation record after FOIA request when the record was the basis for a DUI-related termination?
Yes. AG Rutledge confirmed that an Arkansas Department of Community Correction (ACC) record was properly classified as an employee evaluation record, that the four-element test for release was met (in…
What redactions does Arkansas FOIA require before releasing a former city employee's personnel file to the news media?
Fayetteville's decision to release a former employee's personnel and evaluation records to media outlets was largely consistent with the FOIA. The AG ordered specific additional redactions to address,…
Can a state agency release a former employee's evaluation record when the employee resigned 'in lieu of termination'?
It depends on whether the resignation was truly voluntary or was a forced/constructive termination. If voluntary, the four-prong test for releasing an evaluation record is not met because there was no…
Can a city withhold all records of an employee's computer-policy violation under the Arkansas FOIA employee-evaluation exemption?
No. Fort Smith improperly classified all records of an employee's computer-policy violation as exempt employee-evaluation records. Most are not evaluation records at all; the actual evaluation records…
Did the City of Rogers properly classify and redact a former police employee's personnel file under the Arkansas FOIA?
Mostly consistent, with three significant corrections. The AG concluded that the City of Rogers correctly classified most of a former police employee's records but flagged classification errors. Exhib…
Can a deputy sheriff stop the release of his 20-year-old personnel records under the Arkansas FOIA?
Largely consistent with the FOIA, with exceptions. Officer Mike Lira asked the AG to review the Benton County Sheriff's Office's decision to release his entire personnel file, including records dating…
Should a former city employee's personnel file and internal affairs investigation be released under the Arkansas FOIA?
Largely consistent with the FOIA. Stacey Witherell, the City of Little Rock's custodian, asked the AG to review her decision to release former city employee Brandon Gurley's personnel file and the int…
Can the Arkansas House Speaker withhold a sexual harassment investigation document about a legislator under FOIA?
Yes, exempt. The AG concluded that a document related to a sexual misconduct or harassment investigation against an Arkansas legislator was exempt from disclosure under § 25-19-105(c)(1) as an employe…
Could Green Forest Police Department deny a FOIA request for ex-officers' records because they weren't terminated?
The AG declined to opine on the specific denial because no records were submitted. The opinion sets out the framework: personnel records open unless privacy outweighs disclosure, evaluation records cl…
Could a Little Rock employee learn what the city would release from his FOIA'd personnel file?
The AG declined to opine on specific records because no actual records were submitted. The opinion sets out the FOIA standards the custodian must apply: personnel records open unless privacy outweighs…
Could Faulkner County withhold investigation records when the employee wasn't suspended or fired?
Yes. The Faulkner County prosecuting attorney's decision to withhold closed investigation records was consistent with FOIA. The records were employee evaluation records, and the employee in question w…
Can a Little Rock firefighter's union representative get records from a pending internal investigation under Arkansas FOIA?
Likely yes for the firefighter's own records. The City's blanket denial was inconsistent with FOIA. An employee or their designated representative is entitled to that employee's personnel and evaluati…
Could the City of Little Rock release names of police recruits who got $5,000 incentive payments and quit, plus their CLEST F-4 forms and the incentive-pay policy, without violating Arkansas FOIA?
Likely yes, with redactions. Salary and pay records of public employees are generally open under Arkansas FOIA. The custodian must scrub personal identifiers (home address, dates of birth, Social Secu…
Was the Arkansas Department of Human Services custodian's decision to release a redacted personnel file consistent with the Arkansas FOIA?
Yes. After reviewing the records, the AG concluded the DHS custodian's redactions were proper and no further redactions were required. The specific items the employee asked to keep confidential (perso…
Was Arkansas Community Correction's decision to release Tenisha Brown's redacted personnel file consistent with the Arkansas FOIA?
Not entirely. The AG agreed most documents were properly subject to disclosure but identified additional information that had to be redacted (insurance, tax info, banking, payroll deductions, personne…
Can Arkansas release citizen complaints about an Alcoholic Beverage Control enforcement agent under FOIA, even if the agent objects?
Yes. AG Rutledge confirmed that citizen complaints about an Arkansas ABC enforcement agent are personnel records under FOIA, and that under the Young v. Rice balancing test the public's interest in di…
Can a Jefferson County agency withhold a former employee's salary, termination letters, and personnel file from a FOIA request?
Mostly release. AG Rutledge could not opine without seeing the records, but laid out the standards: a former public employee's salary must be released, termination letters that only reflect the fact o…
Can a former public employee in Arkansas get a copy of the grievance file about her, including names of other employees mentioned?
Mostly yes. AG Rutledge said the FOIA gave the subject of a grievance file a right of access, and disclosure of other employees' personnel-record portions did not invade their privacy under the Young …
Can an Arkansas agency redact other employees' names from a personnel file the subject is entitled to see?
AG Rutledge said the former employee was entitled to her own records, and redactions of other employees' information were not obviously justified on the face of the document. Without specific facts to…
Can a former Arkansas city employee block release of disciplinary documents from his personnel file?
AG Rutledge said the City of Jonesboro could release the disciplinary records of former employee Erick Woodruff. The four-prong evaluation-records test was satisfied. Three records that appeared to co…
When can a Fort Smith Traffic Control Manager's disciplinary records be released under the Arkansas FOIA?
Yes. The Arkansas AG concluded the custodian's decision to release records of an adverse disciplinary action against Fort Smith Traffic Control Manager Gary Six was consistent with the FOIA. The recor…
When can a Fort Smith city employee's disciplinary records be released under the Arkansas FOIA?
Yes. The Arkansas AG concluded the custodian's decision to release records of a recent adverse disciplinary action against Fort Smith Streets Department Electronics Technician Cody Mathis was consiste…
Can the Arkansas State Police refuse a FOIA request for records of an incident involving one of their officers?
Generally yes, if the records are employee evaluation records. The Arkansas AG could not assess the specific records (not provided) but opined that under Ark. Code Ann. § 25-19-105(c)(1), employee eva…
Can an Arkansas school district withhold employee evaluation records from a FOIA request if no final discipline has been imposed?
Yes. Under the Arkansas FOIA, employee evaluation records must be withheld unless the employee was suspended or terminated, the discipline became administratively final, the records formed a basis for…
Can a teacher's suspension and resignation records be released under Arkansas FOIA?
Yes. The records of a school district employee's disciplinary suspension under the Teacher Fair Dismissal Act are releasable under Arkansas FOIA when the employee resigned before the school board rule…
Can an Arkansas city withhold witness statements from an open internal harassment investigation under FOIA, when no suspension or termination has occurred yet?
Yes. The AG opined that witness statements gathered during an ongoing internal harassment investigation are employee-evaluation records, and because no suspension or termination has reached final admi…
If I'm the subject of a Little Rock internal investigation, am I entitled to the investigation file under Arkansas FOIA?
Mostly yes. The AG opined that under § 25-19-105(c)(2), the subject of personnel or evaluation records can obtain them even when the public cannot. Portions that are exclusively another employee's eva…
Under Arkansas FOIA, which Little Rock Police Department personnel records (names, pay, addresses, dates of birth) can the public obtain?
The AG opined that LRPD properly determined names, race, age, gender, dates of hire, promotions, pay, and pay increases of officers are releasable personnel records. Home addresses, social security nu…
Could the Little Rock School District release a teacher's personnel and disciplinary records in response to a FOIA request, and what had to be redacted?
Mostly yes, with two carve-outs. The AG concluded that the custodian's decision to release the records to a FOIA requester was generally consistent with FOIA. Two specific issues: (1) insurance premiu…
Can the public get a letter from a public agency telling an employee about disciplinary action through an Arkansas FOIA request?
Yes, with redactions. The AG concluded that the disciplinary letter to a West River Valley RSWMD employee was an employee evaluation record, that the four-part test for release (suspension or terminat…
Can the public get a copy of an ADWS employee's redacted job application through Arkansas FOIA?
Yes. After reviewing the application that ADWS intended to release, the AG concluded that the custodian's decision to release it as redacted was consistent with FOIA. A job application is a personnel …
When a city releases a former employee's personnel file under FOIA, what gets redacted and what about disciplinary letters?
The AG concluded that the City of Little Rock's redacted release was consistent with the FOIA. Most documents were properly personnel records subject to disclosure, but a March 2015 disciplinary lette…
When a city's records custodian responds to a media FOIA request about a former employee, how does the AG check the release decision?
The AG concluded that the City of Camden custodian's release decision was consistent with the FOIA for some documents but inconsistent for others. The opinion's bigger lesson is procedural: a custodia…
Can a city release a redacted record of disciplinary-interview conversations about a city supervisor who received a three-day suspension, over the supervisor's objection that witnesses will be identified?
Yes. The AG concluded that the interview-conversation record was an employee-evaluation record under *Thomas v. Hall*'s three-part test. With the supervisor suspended, the proceeding final, and the re…
Could the Fort Smith Police Department release records of a sexual harassment internal investigation after redacting the complaining officer's identity?
Yes, with additional redactions. The AG concluded the records were employee-evaluation records of the supervisor accused of harassment, and they had to be released because the four-part test was met: …
Can the Arkansas DHS release personnel records about a current employee under FOIA when the documents contain information that formed the basis for an adverse employment action?
The AG split the question. Most of the attorney's specific questions were outside the scope of FOIA review under § 25-19-105(c)(3); the AG can only opine on whether the custodian's release decision is…
Can a former Arkansas public employee block release of his personnel file under FOIA just by calling it a privacy invasion?
Not on a blanket objection alone. The AG reviewed the file and concluded most documents were personnel records that could be released, plus one record that was an employee-evaluation record whose rele…
Can the Arkansas State Police release the internal-affairs investigation file of a former recruit when the events are 15 years old?
No, in the AG's view. The records were employee-evaluation records that met three of the four required elements for disclosure (the employee was terminated, the termination was final, and the records …
Are records of police internal-affairs investigations that led to suspension of currently employed officers subject to release under the Arkansas FOIA?
Yes, as a general matter. The AG opined that internal-affairs records of police officers are employee-evaluation records and must be released when the four statutory disclosure conditions are met, inc…
Is a Department of Correction custodian's decision to release certain redacted records about two former ADC employees consistent with the Arkansas FOIA?
The AG could not opine on the part of the request resting on an assumed fact, but reviewing the records found that one was a properly disclosed employee-evaluation record, three were audio recordings …
How does Arkansas FOIA apply to a request for the personnel file of a recently-terminated state employee, split into seven categories of records, including some that the agency wanted to withhold for lack of compelling public interest?
The AG reviewed seven categories and concluded that the custodian's classifications were largely correct, but flagged additional redactions in Categories 1, 2, 4, and 5 (personnel numbers, banking inf…
How did the Arkansas FOIA require redactions in a city police officer's personnel file released to the public, and what could a custodian properly withhold?
The AG concluded the Lowell Police Department was handling parts of the request correctly but parts wrong. Most attached records were 'personnel records' that had to be released, with mandatory redact…
Can a city release police officer suspension records when the underlying misconduct was off-duty private conduct with no public impact?
No. The AG said Fayetteville's decision to release the suspension records was inconsistent with the FOIA. Because the off-duty incident involved no taxpayer misuse, no criminal conduct, no public safe…
Are a city employee's emails, expenses, travel records, and personnel file subject to FOIA disclosure?
Travel records, expenses, and dates of employment are clearly public records. Emails, letters, and memos depend on whether they document official functions. The AG could not opine on specific records …
What rules govern the release of a Pulaski County former employee's employment records under the Arkansas FOIA?
The AG could not provide a substantive review because the requester did not submit records or specify objections. The opinion summarized the general FOIA framework for employee-related records: the Yo…
Can an Arkansas sheriff's office release a deputy's suspension letter to a third-party FOIA requester even though the deputy was not involved in any of the matters the requester was investigating?
Yes. The suspension letter is an employee-evaluation record showing a violation of rules designed to avoid undermining public trust. As a law enforcement officer's discipline record meeting the four-p…
Under the Arkansas FOIA, must a city release internal complaint records to an employee who is the subject of a harassment complaint while the investigation is still ongoing?
Yes. The subject of a harassment complaint has FOIA access to records about the complaint regardless of whether they are classified as employee-evaluation records, because an employee can always acces…
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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.