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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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…
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 …
Can a Fayetteville Housing Authority employee object to FOIA release of her own daily notes about residents on the basis that the residents' privacy will be invaded?
Mostly no. Concerns about the privacy interests of private citizens (residents) are outside the AG's narrow review authority. The AG could not say the custodian's decision to release the employee's no…
When a Fayetteville Housing Authority employee objects to FOIA release of records on grounds that other employees' or private citizens' information is included, can the AG opine?
No. The AG's review under § 25-19-105(c)(3)(B)(i) is limited to the requesting employee's own personnel or evaluation records. Concerns about other employees' or private citizens' privacy are outside …
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…
If a parent FOIAs a school for an employee's complaints and emails, what gets handed over and what stays private?
The Pulaski County Special School District custodian had to apply two different rules to the request. Unsolicited complaints are 'personnel records' subject to the Young v. Rice balancing test. Compla…
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…
Can an Arkansas city release the names of restaurants and hotels that haven't paid their advertising and promotion taxes?
Yes. An Arkansas city may release (in response to a FOIA request or otherwise publish) the names of businesses that have not remitted advertising and promotion taxes under Ark. Code Ann. § 26-75-601 e…
Are an Arkansas coroner's COVID-19 death investigation records public, including identifying and medical info?
Yes, after the coroner's final report is issued. Under Ark. Code Ann. § 14-15-304, the coroner's investigation records are confidential only until the final report. After issuance, the report (includi…
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…
When the same person FOIAs your personnel records four times, can the public defender's office release them again, with the same redactions?
Mostly yes. The custodian's redacted release of Lana Fraser's personnel records was substantially consistent with the FOIA under the framework set out in Op. 2019-062 (issued to the same requester). O…
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…
Can a school board hold private executive sessions to discuss school safety, security, or emergency plans under Arkansas FOIA?
No. Act 541 of 2017 (Ark. Code Ann. 6-15-1304) makes school safety/security records confidential, but it does not exempt school-board meetings from the FOIA's open-meetings requirement at Ark. Code An…
Is a resignation letter from a city employee a personnel record that the city must disclose to a journalist who FOIAs it?
Yes, in all likelihood. Voluntary resignation letters generally constitute 'personnel records' under Ark. Code Ann. 25-19-105(b)(12), and the Young v. Rice balancing test (which tips toward disclosure…
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…
Are personal direct messages on a state-issued phone public records under FOIA?
The AG declined to rule. The threshold question (whether the messages are 'public records' at all) is outside the AG's review authority under § 25-19-105(c)(3)(B), which only reaches whether an exempt…
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-…
Does Little Rock have to release a list of every city employee's name, salary, job title, and full/part-time status if a citizen asks for it?
Yes. Basic public employment information (name, salary, job title, department, full/part-time status, hours) is a personnel record and is open to inspection under FOIA. The AG had said this many times…
Are the salaries of city employees public information that anyone can request?
Yes. Public employee base salary is a personnel record under FOIA, and the AG has consistently said its release rarely meets the 'clearly unwarranted invasion of personal privacy' threshold. Tax withh…
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…
Can my old job application and resume become public records when I take a job with a county government, and what about my private-sector salary history?
Yes, the application and resume are personnel records that are mostly disclosable. The AG flagged one carve-out: the resume's prior private-employer salary history is highly personal financial informa…
When my application is FOIA-released, do they need to redact my ZIP code and any unexplained number next to my name?
Yes. The AG flagged two missed redactions: the ZIP code (a component of 'home address' under § 25-19-105(b)(13)) and any unexplained number that may be the personnel number (exempt as a computer-secur…
Are an Arkansas teacher's employment contract, license, termination recommendation letter, and resignation letter all releasable under FOIA when someone requests the file?
Contracts and licensure certificates: yes (with redactions). Termination recommendation letter: depends on whether it details performance (evaluation record) or just states the recommendation (personn…
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 …
If I applied for a public job and never got hired, can I block the city from releasing my application under FOIA?
The AG declined to opine because applicants who have not been hired are neither 'personnel' nor 'employees,' so their applications are not 'personnel records' that the AG can review under § 25-19-105(…
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…
Can a public-university employee block release of complaints made about him by saying disclosure would be embarrassing or that there's no compelling public interest?
No. "Harmful and embarrassing" is not the test for releasing personnel records under the Arkansas FOIA. "Compelling public interest" applies only to employee-evaluation records, not personnel records.…
Can a former University of Arkansas at Pine Bluff employee block release of complaints she made against coworkers?
No. Unsolicited complaints filed by an employee are personnel records of both the complainer and the person complained about. The AG concluded that releasing them would not be a clearly unwarranted in…
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…
Can a Little Rock police officer block release of his personnel file under the Arkansas FOIA?
No. The AG concluded that the LRPD officer's personnel records were properly classified, the redactions were appropriate, and the privacy-balancing test did not tip in favor of withholding. The office…
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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.