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 the public get police Brady lists and misconduct records held by an Arkansas prosecutor under FOIA?
Mostly yes. A prosecutor's emails carrying police 'Brady' information are personnel records that can be released. Officer evaluation forms detailing misconduct are releasable only for officers who wer…
Can the public get a fired police officer's personnel file, internal affairs records, and termination letters under the Arkansas FOIA?
Mostly yes. A terminated police officer's routine personnel records and (because officers hold significant public trust) his internal affairs investigation and termination letters are releasable under…
Can the public get a fired government employee's personnel file and investigation report under the Arkansas FOIA?
Yes, mostly. Under the Arkansas FOIA, a public employee's personnel records must be disclosed with private details (Social Security number, contact info, financial data) redacted. The one investigatio…
How should a police department handle FOIA release of complaints and medical info in an officer's file?
Partly. The Attorney General found the custodian's plan to release Rachael Kear's records with some redactions was only partially consistent with the FOIA. He said the custodian must look at the facts…
Can a city withhold a fired employee's termination letter and investigative file under Arkansas FOIA?
It depends, but likely yes. The AG could not review the actual records, so he could not confirm the custodian's classification or whether the firing was administratively final. But he explained the ru…
Can a police department release all of a fired officer's records without redacting anything under FOIA?
No. The Attorney General concluded that a blanket release of all the requester's personnel and evaluation records, with no redactions, would be inconsistent with the FOIA. Before releasing anything, t…
Can an Arkansas agency release a police officer's disciplinary suspension record under FOIA?
Yes. The Attorney General concluded that the 'Disciplinary Action' form was properly treated as an employee-evaluation record, and that the four conditions for releasing such records were met: the off…
When can an Arkansas sheriff's office release suspension letters from a deputy's personnel file under FOIA?
Partially consistent with FOIA. The administrative records and unsolicited third-party commendation letters are releasable with proper redactions. Supervisor commendations and promotion letters must b…
Which records in an Arkansas deputy sheriff's personnel file must be withheld from a FOIA request when there's been no final discipline?
Partially consistent with FOIA. The custodian may release the administrative records and unsolicited third-party commendation letters with proper redactions. The custodian must withhold the employee e…
Is a student complaint about a faculty member a personnel record (releasable) or an evaluation record (closed) under the Arkansas FOIA?
It depends on whether the student submitted the complaint on their own initiative or at the school's behest. An unsolicited complaint is a personnel record, generally releasable. A complaint solicited…
If a Fayetteville police lieutenant recorded my two-hour phone call about a citizen complaint and the city is withholding the audio as an 'employee evaluation,' is that legal under the Arkansas FOIA?
Probably partly. Without seeing the recording, the AG could not definitively rule, but the call sounds like a 'mixed record.' The portion not tied to investigating the citizen complaint is likely a pe…
When a public employee's personnel records get a FOIA request, can the employee block release by objecting to the requester's motives or what the requester might do with the records?
No. Attorney General Tim Griffin concluded that under the Arkansas Freedom of Information Act, the requester's intent and motives are generally irrelevant to the custodian's release decision. Employee…
If I'm the subject of a Pulaski County FOIA request for a workplace complaint about me, what can the County actually release and what must it redact?
The County can release emails as personnel records with privacy-related redactions. It must withhold the discrimination/harassment complaint form against you so long as you have not been suspended or …
If my supervisor wrote a memo about a conversation we had and filed a discrimination/harassment complaint against my wishes, can the County release those records under FOIA?
No, not as 'personnel records.' The AG ruled that a memo created by your supervisor describing your work-environment complaints, plus a complaint form completed against your wishes, are employee-evalu…
I FOIA'd Pulaski County for complaints against employees. They redacted entire pages and lots of names. Are those redactions legal under Arkansas FOIA?
Mostly, yes. Whole-page redactions of evaluation records are required when the four-part test isn't met. Name redactions are case-by-case under the privacy balancing test, justified for things like me…
When a county employee files a complaint about a coworker or supervisor under the county's personnel policy, is that complaint a 'personnel record' (mostly disclosable) or an 'employee evaluation' (mostly sealed)?
It's a personnel record. The 'at the behest' test under A.C.A. § 25-19-105(c)(1) requires command or directive, a personnel policy that lets employees file complaints isn't a command. Reprimands and s…
I resigned in lieu of termination from a state job. Can my former employer release my voluntary separation form, resignation letter, and the email and memo about the events that led to my forced resignation?
Yes. The voluntary separation form and resignation letter are personnel records, releasable subject to redactions. The email and memorandum are evaluation records, but a forced resignation counts as '…
A school district got a FOIA request for all complaints about coaches over five years. Which emails are personnel records (releasable) and which are evaluation records (mostly withheld)?
Unsolicited emails from third parties (parents, community members) about coaches are personnel records and must be released, with redactions for things like personal contact information, dates of birt…
Can a state agency withhold law-enforcement officer decertification records under FOIA before the Commission has voted on the decertification?
The three exemptions the Department of Public Safety might have reached for (undisclosed investigations, personnel records, and personal contact information) generally do not apply to CLEST decertific…
A sheriff's office wants to release an internal-investigation report about deputies meeting with a sheriff candidate while on duty. Can they?
No. The internal-investigation report is an employee-evaluation record because it was created by the sheriff's office to evaluate the deputies' on-the-job conduct. Employee-evaluation records can only…
I'm a journalist asking for state employee termination notices. Why won't the agency release them?
Because the termination notices stated the grounds for termination, they qualify as employee-evaluation records, which are subject to a strict four-element release test (suspension or termination, adm…
How does an Arkansas city sort through a police officer's complete personnel file for a FOIA release? Which records go out, which get redacted, and which stay confidential?
The Fayetteville custodian wanted to release everything with redactions, but the AG splits the file across nine categories: administrative records (mostly releasable as personnel records, with college…
I asked Washington County for discipline records on two former employees and the custodian denied everything. Can the county hold all of that back?
Mostly no. The AG concluded the blanket denial is largely inconsistent with FOIA. The emails, three separation notices, and an investigation closure letter are personnel records that should be release…
I'm the same Conway officer in opinion 2025-089 and someone made a separate, broader FOIA request listing ten categories of records about me. The custodian gave me his planned answers for each category. Are they right?
Mostly OK, but several depend on classification calls the custodian must still make. Your personnel file (category 1) needs to be sorted document by document. Categories 2, 3, and 5 (incident records,…
I'm a Conway police officer. I was terminated, I'm appealing it to the Civil Service Commission, and the city wants to release a big stack of records about my case. Can they?
Mostly no on the records connected to your termination, but several other records can go out. Because your termination is on appeal to the Conway Civil Service Commission, your evaluation records (any…
I run a small police department. Someone has FOIA'd a former officer's personnel file. I have admin records, a written warning, a paid-administrative-leave letter, a final investigation letter, investigative notes, and a resignation letter. What can I release?
Release most of it, but hold the investigative notes unless the resignation was actually a constructive termination. The administrative records (job application, training acknowledgments, separation n…
When a Little Rock police officer is fired, are the off-boarding forms and the termination letter subject to release under Arkansas's FOIA?
The off-boarding and termination clearance forms are personnel records and must be released with limited redactions (personal contact info, employee ID number). The termination letter is an evaluation…
If a city's mayor fires an employee, the city council reverses that decision and reinstates the employee, and an outside investigator's report exists about the employee, can someone get the investigation report under FOIA?
No. Because the council reinstated the employee, the firing was not 'administratively final,' so the four-part test for releasing an employee evaluation record fails. The investigator's report stays w…
Can a police officer get her own body-camera-review evaluation forms from her department under FOIA, even though those forms are normally exempt from release to the public?
Yes. The FOIA has a special rule (A.C.A. § 25-19-105(c)(2)) that gives a public employee a right to her own personnel records and evaluation records, even when those records would otherwise be exempt …
Can someone get an internal-affairs file from a sheriff's office under FOIA, when the investigation didn't result in any discipline?
Mostly no. The investigation memos, interviews, complaint forms, and Garrity notices are evaluation records and stay closed because no employee was suspended or terminated, so the four-part test fails…
Did Arkansas Corrections properly redact a warden's personnel file before releasing it to a FOIA requester?
Mostly yes, but with two errors. The custodian forgot to redact the warden's tax withholdings and net pay (those should have been redacted) and incorrectly redacted his race, sex, and salary (those sh…
When a sheriff's deputy was investigated for two separate complaints, suspended on one, and exonerated on the other, what gets released under FOIA?
The corrective-action form is a personnel record (releasable). The suspension letter that states the grounds is an evaluation record but the four-part test is met for the sustained complaint, so it's …
What gets released and what gets withheld when someone FOIAs the entire personnel file of a long-serving police officer, including commendations, complaints, investigations, and disciplinary records?
Administrative records and unsolicited third-party commendations and complaints come out (with redactions). Department-generated commendations stay closed. Written reprimands and minor warnings stay c…
I'm a police officer who was terminated and now my termination letter has been requested under FOIA. Can the city actually release that letter?
Yes. The AG concluded that the Cabot termination letter is properly classified as an employee-evaluation record because it states the grounds for termination, and the four-element release test under s…
When can a city release records about a fired police officer, including the termination letter and the internal affairs report on the officer's misconduct?
Most of them can come out. The AG concludes Fayetteville's decision to release the termination letter and the OSP investigative memorandum on the former officer is consistent with the FOIA, because al…
Can the Arkansas AG review a FOIA decision to release a job application from someone who was never hired?
No. AG Tim Griffin's review power under A.C.A. § 25-19-105(c)(3)(B)(i) is limited to personnel records and employee-evaluation or job-performance records. Application materials of someone who was neve…
Should a sheriff's office release the disciplinary file and resignation letter of a deputy who resigned in lieu of termination?
Yes, the records should be released. AG Tim Griffin agreed they are employee-evaluation records under FOIA, but found that the four-part release test is met: the deputy's resignation in lieu of termin…
Can the Arkansas State Police release a state trooper's personnel and internal-affairs file in response to a FOIA request?
Mostly yes. Routine personnel records like hire dates, transfer forms, and pay records are releasable with privacy redactions. Disciplinary suspension letters, internal-affairs files, and the underlyi…
How does the Arkansas AG decide whether a school district properly released personnel records under FOIA when the requester challenges the redactions?
The Attorney General cannot review whether a custodian's release was consistent with FOIA when the requester provides no copies of the released records. Without records, the AG can only state the lega…
Can my former law-enforcement employer release my personnel file, internal-affairs investigation, and discipline records under FOIA over my objection?
Mostly yes. Administrative records like hire date, transfers, payroll forms, and acknowledgments are releasable as personnel records, with standard redactions for SSN, DOB, contact info, and the like.…
Was a school district right to withhold teacher personnel files and investigation records under Arkansas FOIA when the suspensions were never appealed to the school board?
The Attorney General could not say. The requester did not provide copies of the records to review. Without them, the AG could only outline the legal framework: personnel records are open unless disclo…
Can a city release a former police officer's termination letter under Arkansas FOIA when the officer objects?
Yes. The termination letter is an employee-evaluation record because it explains the grounds for termination. All four elements of the release test are met: the officer was terminated, the termination…
Can a county release an internal-investigation report and termination form for a fired county employee under Arkansas FOIA?
Yes, both records (the internal-investigation report and the termination form) are properly classified as employee-evaluation records and may be released, but only if the termination is administrative…
Can a school district withhold a teacher's letter of suspension because the suspension is not yet final?
It depends. A letter of suspension is generally a personnel record subject to the Young v. Rice balancing test. But if the suspension is disciplinary (initiated because the employer believes the emplo…
Can a Fayetteville city attorney release a former police officer's personnel action sheet and termination letter under FOIA when the officer objects to release?
Yes. The custodian's decision to release both the personnel action sheet (a personnel record) and the termination letter (an employee-evaluation record meeting all four release elements) is consistent…
Under Arkansas FOIA, can a city withhold a letter notifying a police officer of his administrative reassignment pending an internal investigation?
No. The letter notifying a police officer of his administrative reassignment pending an internal investigation is a personnel record, not an employee evaluation, because it documents an administrative…
Can a city redact a former police officer's records with whiteout, and can it withhold his termination letter and administrative-leave letter under FOIA?
Mostly inconsistent with FOIA. The Bay City Attorney's decisions to disclose some records and redact identifiers (SSN, DOB, DLN) were correct, but two records he withheld are personnel records that mu…
Can a city withhold a former police officer's entire personnel file because his termination was 'unrelated to acts that gave rise to a suspension or termination'?
No. A records custodian cannot withhold an entire former police officer's personnel file based on the conclusion that his termination was 'unrelated' to disciplinary acts. The FOIA requires the custod…
Can a police officer block disclosure of his disciplinary records under FOIA because he believes the requester will use them in an unrelated proceeding?
No. A records subject's objection to release based on what they believe the requester will do with the records is not a basis for withholding under Arkansas FOIA. The requester's intent and motives ar…
Can an Arkansas school district refuse to release records about an employee's administrative leave under FOIA?
It depends on whether the leave was disciplinary or non-disciplinary. If non-disciplinary (a routine policy-based suspension while something is investigated), the employee-evaluation exemption does no…
Can a university release an employee's discrimination complaint while withholding the outcome letter from FOIA?
Partly. The retaliation complaint is a mixed personnel record and was correctly released under the personnel-records balancing test. The outcome letter is also a mixed record: an evaluation of the com…
Is a list of suspensions and disciplinary actions against Arkansas State Troopers a personnel record or an employee-evaluation record?
The classification was wrong. A list of Arkansas State Troopers showing names, suspension grounds, and disciplinary details is an employee-evaluation record (not a personnel record), because it contai…
Are workplace harassment complaint forms and exit questionnaires personnel records or evaluation records under Arkansas FOIA?
The custodian's release decision was only partly consistent with FOIA. Discrimination/harassment complaint forms are mixed records: evaluation records of the accused (must be withheld absent suspensio…
Can a former Arkansas deputy block release of his 2014 misconduct investigation records nine years after termination?
The custodian's decision to release the records is consistent with FOIA. Investigative records of police misconduct meet the four-part test for evaluation records: the deputy was terminated, the termi…
Can the subject of an Arkansas workplace investigation get the unredacted memo and emails about the complaint against her?
Yes. The Respondent in an internal complaint investigation can obtain unredacted copies of the investigation memo (her evaluation record) and the related emails (mixed personnel records). A.C.A. § 25-…
Can a sheriff's office release the Internal Review of a deputy who 'voluntarily' resigned just before being fired?
Yes. Sebastian County Sheriff's Office can release the Internal Review of former deputy Thomas Gage. A 'forced or coerced resignation' (resigning in the face of impending termination) operates as a co…
Can the Arkansas Public Defender Commission release suspension and termination letters about a former employee facing criminal charges?
Yes. The Arkansas Public Defender Commission's decision to release a former employee's suspension letter, termination letter, and email correspondence (with personal contact information redacted) is c…
Can a former Arkansas Department of Education employee block release of his termination letter?
Yes, the termination letter must be released. When a termination letter includes the grounds for termination, it is classified as an employee evaluation. It must be disclosed if (1) the termination is…
When a workplace investigation produces interview notes about multiple employees, what is releasable under Arkansas FOIA?
Partly consistent. The interview question sheets in the ATRS workplace investigation are 'mixed records' (both personnel records of the interviewee and employee-evaluation records of the complainant o…
Can the City of Conway withhold all records of an internal investigation when the requester is the complainant himself?
No, the blanket withholding is inconsistent with FOIA. A police officer who filed a complaint against his department and chief made a FOIA request for the investigation records. Conway tried to withho…
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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.