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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Does an Arkansas state agency director have the same FOIA privacy protections in his personnel file as a rank-and-file employee?
Yes. The AG required AREC's executive director to have his Personnel Number, SSN, marital status, home address, federal tax withholding, deductions, and net pay all redacted from his personnel file be…
Can a public employee's net pay be released under the Arkansas FOIA, or does it have to be redacted along with tax withholding and deductions?
It must be redacted. The AG concluded that gross salary is releasable but tax withholding, payroll deductions, and net pay all have to come out before a state employee's personnel file goes to a FOIA …
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…
Are public employees' names, job positions, and pay rates releasable under the Arkansas FOIA, even over the employees' objections?
Yes. AG Rutledge confirmed that names, positions, and salary information for public utility employees are personnel records that must be released under the Arkansas FOIA, and that employees' objection…
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 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…
Can a state employee block release of records from her file that don't relate to her suspension under the Arkansas FOIA?
Largely consistent with the FOIA, with one redaction added. The Department of Finance and Administration's decision to release records in response to the news media's request for 'documentation relate…
Can a school district employee block release of her personnel file under the Arkansas FOIA because the requester has been harassing her?
There is no harassment exception to the Arkansas FOIA, and a custodian generally cannot consider the requester's motive when deciding whether a non-exempt record should be released. The Little Rock Sc…
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…
Is Bret Bielema's personal services contract with the Razorback Foundation a public record subject to release under the Arkansas FOIA?
Yes, with two redactions. The AG concluded that the personal services and guaranty agreement between former Razorback football coach Bret Bielema and the Razorback Foundation was properly classified b…
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…
Did the Little Rock Police Training Academy properly handle the FOIA release of CLEST records related to Officer Schiefelbein?
Mostly consistent, with two exceptions. The AG agreed with the Little Rock Police Training Academy's classification of forms and documents sent to the Arkansas Commission on Law Enforcement Standards …
Can a school district release a public employee's job application under Arkansas FOIA after redacting personal contact info?
Yes. The Little Rock School District's decision to release the employee's job application after redacting Social Security number, home address, personal phone numbers, personal emails, and transcript …
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…
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 Little Rock School District employee block FOIA release of his job application and contract?
AG Rutledge confirmed that the LRSD custodian's plan to release John Kuykendall's job application and current contract was consistent with the FOIA, with personal contact information and college trans…
Can a Little Rock School District employee block release of her job application and contract under FOIA?
AG Rutledge said job applications and employment contracts of public school employees are personnel records subject to FOIA disclosure. The custodian's plan to release them with personal contact infor…
Can a Little Rock School District employee block release of her job application and contract under FOIA?
AG Rutledge said job applications and employment contracts of public school employees are personnel records subject to FOIA disclosure. The custodian's plan to release them with personal contact infor…
Can an Arkansas community college employee block release of his Employee Disclosure and Certification form and his employment contract under FOIA when someone asks whether he is related to a board trustee?
AG Rutledge concluded that the Employee Disclosure and Certification form was a personnel record subject to release under the Arkansas FOIA, with the employee's Social Security number redacted. The AG…
Can a state agency release a public employee's driving record in response to an Arkansas FOIA request for the personnel file?
AG Rutledge concluded that the State Treasurer custodian's decision to release a former employee's driving record (with redactions) was consistent with the Arkansas FOIA. Although release implicates s…
When a person's employment application at an Arkansas public agency is requested under FOIA, what gets released and what gets redacted?
Mostly yes. The Arkansas AG concluded the records custodian's decision to release a redacted job application of an Arkansas School for the Blind employee was largely consistent with the FOIA. The AG f…
Can a public employee's job application be released under Arkansas FOIA over the applicant's objection?
Yes. A public employee's job application is a personnel record under the Arkansas FOIA. The applicant's educational background and work history reflect job qualifications and do not give rise to a cle…
Can Arkansas DHS withhold employee records because the FOIA requester might harass employees?
Mostly consistent with FOIA. Three DHS audit employees objected to disclosure of their personnel records based on the requester's identity and concerns about harassment. The AG ruled that requester id…
Are redactions of a school district employee's job application consistent with Arkansas FOIA?
Mostly consistent with FOIA. The records were properly classified as personnel records and the custodian's standard redactions of personal contact information, social security number, and education sc…
Can a Little Rock police officer's job application be released to a FOIA requester after personal contact details are redacted?
Yes. The AG concluded a Little Rock Police sergeant's employment application is a personnel record properly subject to release, and that the custodian's redactions of personal-privacy information were…
Can a FOIA requester get the names, salaries, and years of service for University of Arkansas for Medical Sciences employees?
Yes. The AG opined that names, salaries from 2013 forward, and years of service for UAMS Respiratory Care Services employees are personnel records subject to disclosure under Arkansas FOIA.
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…
Can an Arkansas state agency release a former employee's personnel records under FOIA, and what specific information must be redacted to protect personal privacy?
The AG concluded that the personnel records of the DF&A employee at issue are properly classified as personnel records and are subject to release, but specific additional redactions of marital/depende…
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 …
Can the public get a copy of a state agency employee's job application through an Arkansas FOIA request, and what has to be redacted?
Generally yes. The AG concluded that documents constituting an application for public employment with the Arkansas Department of Workforce Services were subject to public disclosure under FOIA, with r…
Is whether my early-retirement payment went to me as a stipend or into a retirement plan a public record?
The AG concluded that UALR's resolution was a personnel record. The amount of the early-retirement allowance had to be disclosed because of the strong public interest in expenditure of public funds, b…
Can a state university release records showing whether a faculty member's early-retirement payment went to him directly or into a retirement plan?
The AG concluded that the early-retirement resolution was properly classified as a personnel record. The public clearly had a substantial interest in the payment amount, but the AG was not persuaded t…
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 an Arkansas state employee request that their personal information be excluded from the redacted job application that the custodian plans to release under FOIA?
The standard redactions already handle most personal information. The AG concluded that a public employee's job application is a 'public record' under A.C.A. § 25-19-103(5)(A), that the personnel-reco…
Is an Arkansas state employee's job application a public record that must be released as redacted under the FOIA when the employee asks for review?
Yes. The AG concluded that a public employee's job application is a 'public record' under A.C.A. § 25-19-103(5)(A) and that the applicable exception is the 'personnel records' exception under § 25-19-…
Can an Arkansas state employee block a FOIA request for their job application and resume, including the names and addresses of their previous employers?
No. The AG concluded that a public employee's job application and accompanying resume are 'personnel records' under the FOIA, and a release that has been properly redacted does not amount to a 'clearl…
Can a Maumelle city alderman get FOIA copies of police and fire department employee timesheets, including hours worked and leave taken, for a one-week period?
Yes. The AG concluded that the custodian's decision to release the requested timesheets was consistent with the FOIA. Attendance and leave records are 'personnel records' under § 25-19-105(b)(12), and…
Can a retired Arkansas public-school employee block release of her old job application under FOIA, especially when the requester offers no reason?
No. The AG concluded that the FOIA's personnel-records framework applies to former employees just as it applies to current employees, citing Op. Att'y Gen. 2006-182. A public employee's job applicatio…
Can a city release a former employee's personnel records, including discipline letters, in response to an Arkansas FOIA request?
Yes, with some adjustments. The AG approved most of the City of Little Rock's redactions of Carla Daniels' file but said race and gender should not be redacted, and identified additional content in tw…
Under the Arkansas FOIA, what rules govern releasing a public employee's personnel file, discipline records, and work emails?
The AG laid out the framework but did not review specific documents. Personnel records get the Young v. Rice privacy balancing test. Employee evaluations stay confidential unless the employee was susp…
Can a city release a letter in a former police officer's personnel file in response to an Arkansas FOIA request despite his privacy objection?
Yes. The AG agreed with the City of Cave Springs that the disputed letter was a personnel record and that disclosing it would not be a clearly unwarranted invasion of personal privacy, even though the…
Can a job applicant block release of her resume content under the Arkansas FOIA's personnel-records exception when she was not hired?
Not through the AG. The AG can only review custodian decisions about personnel records and employee evaluations, and those categories apply to employees not applicants. Since the requester was not hir…
Can an Arkansas former employee block release of her personnel file by simply objecting that it is an invasion of privacy?
Not without saying more. The AG explained that a blanket objection to release of a personnel record, with no specific documents or arguments identified, is not enough to overcome a redacted release ap…
Can a school district refuse to release a successful applicant's job application and resume under Arkansas FOIA as a personnel-records privacy invasion?
Likely not. The AG concluded that the Pine Bluff School District's decision to withhold the successful applicant's job application and resume for the Executive Director of Operations position was prob…
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 public health center release a former employee's basic employment status record under Arkansas FOIA?
Yes. The AG reviewed the one-page record (a print-out of the employer's database showing standard employment information like hire date, separation date, and conditions of separation) and concluded it…
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…
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 …
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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.