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.
Can an Arkansas county sheriff's department withhold a 13-year-old letter of reprimand and suspension issued to a deputy just because the underlying incident never became publicly controversial?
No, in the AG's view. Age and lack of public controversy alone are not enough to defeat the compelling-public-interest test for releasing a law enforcement officer's disciplinary record, especially wh…
Under Arkansas FOIA, can a school district withhold documents that formed the basis for firing a teacher who worked daily with students?
The AG could not rule on the specific Bentonville records but said the documents likely qualified as employee-evaluation records, not just personnel records. If so, the public's compelling interest in…
When should an Arkansas state agency release the records that led to firing an employee?
The AG agreed with the AHTD HR director's decision to release four records connected to a former employee's suspension and termination. Three were employee-evaluation records that met all four statuto…
When can the AG review an Arkansas custodian's FOIA decision about a public employee's records?
The AG declined to evaluate the City of Rogers custodian's decision because it appeared incomplete. Many of the documents had not been classified as personnel or evaluation records, the disclosure tes…
Can a state agency release a former employee's work emails as personnel records without checking whether they're evaluation records?
Partially. DHS correctly identified most of former employee Leslie Rutledge's emails as personnel records suitable for release. But several emails were employee-evaluation records that needed the four…
When can the press get records from an Arkansas police officer's internal investigation?
Hearst Television's KHBS got partial relief. The AG sided with the custodian on two internal investigations that did not result in suspension or termination (those records stay closed). But he overrul…
If an Arkansas teacher resigns mid-appeal of a suspension, are the suspension records still FOIA-disclosable?
Yes. A Springdale teacher's suspension under A.C.A. § 6-17-1508 became 'final' for FOIA purposes when he resigned mid-appeal. Suspension under that statute is disciplinary even if it's with pay. The F…
What does the AG say when an employee objects to release of her personnel file without giving any details?
The AG could not opine on Mona Struble's objection to release of her AHTD personnel file because he had no records, no custodian classification, and no explanation from her about which documents she w…
If an employee was 'forced to resign' before disciplinary action, can the public still get their employee-evaluation records under Arkansas FOIA?
Not automatically. Coerced resignation can in principle equal a constructive termination that opens the records to disclosure, but the custodian, not the AG, decides as a factual matter whether the re…
Are internal investigation records, including witness statements, accessible under Arkansas FOIA when the employee resigned without being suspended or terminated?
No. Records created by or at the employer's behest to investigate a complaint are employee-evaluation records, and FOIA requires they be withheld unless the employee was suspended or terminated. Resig…
Can a sheriff's office withhold internal-affairs interview records when the deputy was placed on paid administrative leave during the probe and then resigned before the investigation closed?
Yes, if the paid leave was routine (not disciplinary) and the resignation was voluntary. Without a suspension or termination, the records fail the threshold prong of Arkansas FOIA's evaluation-records…
Can a city withhold internal-investigation records about a supervisor where the supervisor was investigated but neither suspended nor terminated, even when the complainant herself requests them?
Yes. Recordings, notes, and interview questions created by or at the employer's behest to investigate a complaint are employee-evaluation records, and FOIA bars disclosure absent suspension or termina…
Under Arkansas FOIA, must a county disclose a former employee's settlement agreement and emails but withhold the termination letter when the termination was later vacated and the employee resigned by agreement?
Yes to both. The settlement agreement and related documents are personnel records that pass the privacy balancing test. The termination letter is an employee-evaluation record, and because the termina…
Can an Arkansas custodian withhold internal investigation records of an employee who was initially terminated but ended up resigning under a negotiated settlement?
Yes. Because the termination was lifted by settlement and the employee resigned voluntarily, the disciplinary proceeding never reached 'final administrative resolution.' Without finality, the FOIA's f…
When an Arkansas custodian releases a law enforcement officer's termination letter under FOIA, can the custodian redact the terminated employee's name?
No. Once an employee evaluation record meets the four-part test for release, redacting the subject's name is inconsistent with FOIA because the identity is central to the public's compelling interest.…
When does Arkansas FOIA require disclosure of a school employee's settlement agreement, and what redactions are allowed?
The custodian could not redact a settlement-agreement paragraph using the personnel-records exception because the public's interest in seeing the terms of a public-entity settlement (A.C.A. § 25-18-40…
Can a journalist get a former public employee's annual performance evaluations under the Arkansas FOIA?
Generally no. Under A.C.A. § 25-19-105(c)(1), employee evaluation records stay confidential unless the evaluation formed the basis for the employee's suspension or termination, the disciplinary proces…
Can the Arkansas AG block FOIA release of a police officer's internal affairs file because of his pending criminal trial?
No. The AG's FOIA review authority under A.C.A. § 25-19-105(c)(3)(B)(i) is limited to evaluating personnel and employee-evaluation exemption decisions, not constitutional fair-trial arguments. The AG …
Can an Arkansas school district refuse to release any of an employee's personnel file under a FOIA request, claiming the whole file is exempt?
No. The AG said a blanket denial of an entire personnel file is inconsistent with Arkansas FOIA. The Act has no blanket exemption. Personnel records must be released unless their disclosure would be a…
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.