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 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 …
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…
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…
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…
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…
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…
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…
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…
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…
Can a retired Little Rock city employee block disclosure of his personnel file by claiming the request is meant to embarrass him?
No. Retired status is not a basis to refuse a FOIA request, and the requester's motive is generally irrelevant. The custodian's release decision was nearly correct, but additional redactions (date of …
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…
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 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 third party named in another employee's personnel file block release under the Arkansas FOIA based on embarrassment or potential slander?
No. Lisa Balencia objected to release of an Arkansas Department of Veterans Affairs document that mentioned her name in a former employee's FOIA-released personnel file. The AG concluded that the port…
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 city release a former employee's ID photograph and personnel file under FOIA over the employee's objection?
The custodian's withholding of address, date of birth, telephone number, and Social Security number was consistent with FOIA. The decision to release the employee's photograph was likely consistent wi…
Can a state agency release a list of employee names, titles, salaries, start dates, gender, and race under Arkansas FOIA?
Yes. The Arkansas Department of Finance and Administration's decision to release a list of employee names, titles and divisions, salaries, start dates, genders, and races was consistent with FOIA. The…
Can a city release the place of residence of every Little Rock firefighter under FOIA, or is that protected?
Withholding the firefighters' 'place of residence' was consistent with FOIA, but the controlling reason was Ark. Code Ann. 25-19-105(b)(13) (personal contact information including home addresses), not…
Can an Arkansas city release a job applicant's application under FOIA over the applicant's objection?
Yes. Job applications and resumes for public-employee positions are personnel records under the Arkansas FOIA, releasable after redacting exempt personal information. The applicant's stated dislike of…
Can a county release a successful job applicant's records to a TV station under Arkansas FOIA, and what redactions are appropriate?
The decision to release the job applications was generally consistent with FOIA. The AG could not opine on every redaction without seeing the unredacted records, but flagged the redaction of reference…
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 City of Little Rock release a Housing & Neighborhood Programs employee's ID photograph under FOIA over his objection?
The release of the photograph is likely consistent with FOIA. Records depicting public employees are generally subject to disclosure under the personnel-records test, and the requester's identity or m…
Can the City of Little Rock release a code enforcement officer's ID photograph under FOIA over his objection?
The release of the photograph is likely consistent with FOIA. Records depicting public employees are generally subject to disclosure under the personnel-records test, and the requester's identity or m…
Can a Little Rock employee block release of her city ID photograph under Arkansas FOIA by objecting?
The custodian's decision to release the city ID photograph is likely consistent with the FOIA. Records depicting public employees are generally subject to disclosure under the personnel-records test, …
Can a Little Rock senior code officer block release of her ID photo and personnel file under Arkansas FOIA by objecting to the requester?
The custodian's decision to release the photograph is likely consistent with the FOIA. The objection does not articulate a legally sufficient reason to withhold the records, and the requester's identi…
Can a Little Rock city employee block release of her ID photo and personnel file under Arkansas FOIA by objecting to the requester?
The custodian's decision to release the photograph is likely consistent with the FOIA. The objection does not articulate a legally sufficient reason to withhold the records, and the requester's identi…
Can a city release a public employee's personnel file and city ID photo over the employee's objection under Arkansas FOIA?
The custodian's decision to release the city ID photograph is likely consistent with the FOIA. Records depicting public employees are generally disclosable under the personnel-records test, and a requ…
Does Arkansas FOIA require a city to release a public employee's hourly wage and salary history when the employee objects?
Yes. Salary information is a personnel record, and the AG has consistently said release of public-employee salary information almost never rises to a 'clearly unwarranted invasion of personal privacy.…
Under the Arkansas FOIA, can a city release a workplace harassment complaint and an exit interview as personnel records, and which redactions are required?
The records were properly classified as personnel records that must be released with redactions. Personal contact information, employee numbers, dates of birth, and similar items had to be redacted, b…
When the Arkansas Department of Environmental Quality releases an employee's personnel file under FOIA, must a photocopy of the employee's driver's license be entirely withheld?
The custodian's redaction work was mostly correct, but a photocopy of the employee's driver's license must be entirely withheld, not just the license number redacted. The AG also told the employee to …
Can a former Arkansas Department of Human Services employee block release of her personnel file by arguing the requester wants it 'for personal gain'?
No. The custodian's analysis cannot be based on the requester's subjective motive. The FOIA personnel-records test is objective. Without seeing the actual records, the AG could not opine on individual…
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…
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 a Little Rock police lieutenant block a FOIA request for his name, residence, race, education, rank, and pay history by claiming it is harassment and should go through litigation discovery instead?
The data is public. The AG concluded that the requested information about Little Rock Police Department lieutenants (name, residence, race, education, rank, pay, promotions, demotions, rehire status) …
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 a city employee block the release of his personnel file and city ID photograph to a FOIA requester who he believes is harassing him?
No, the harassment claim does not block disclosure. The AG could not opine on the specific records because the custodian had not decided and she had not reviewed them, but she emphasized two points: p…
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…
If the only privacy issue left in an Arkansas state employee's personnel file is one Personnel Number on an Employee Master Data Form, does the agency still have to redact it before release?
Yes. Even with everything else properly redacted, a single internal Personnel Number must still come out, because Arkansas FOIA categorically exempts personal identification numbers used for computer …
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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.