Open records, open meetings,
open government
for
all
Arkansas
citizens
Co-Sponsors
20th Edition 2022
The
Arkansas
FREEDOM
OF
INFORMATION
Handbook
Office of the Governor of Arkansas
Office of the Arkansas Attorney General
Arkansas Press Association
Arkansas Municipal League
Arkansas Broadcasters Association
The Society of Professional Journalists — Arkansas Pro Chapter
Public Relations Society of America — Arkansas Chapter
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Freedom of Information Handbook, 20th Edition
Open
Letter
from
Arkansas
Attorney
General
As the chief legal officer for the State of Arkansas, I have an immense
appreciation for the Arkansas Freedom of Information Act of 1967.
The intent of the FOIA is to ensure an open government by elevating
transparency so that citizens may be fully informed of the workings of
their government and the actions of their public officials. It is in that
spirit that the Arkansas Freedom of Information Handbook—now in its
20th edition— is designed to give all Arkansans, government officials,
and journalists a guide for complying with the law.
Details on additional training resources hosted by my office and more
FOIA information can be found at ArkansasAG.gov.
Sincerely,
Leslie
Rutledge
Attorney
General
This is the 20th Edition of the Arkansas Freedom of Information
Handbook. It has been updated to include changes in the law by the
93rd General Assembly in 2021 and recent legal precedents.
One of the aims of this publication is to communicate the importance
of open government to people across Arkansas. The co-sponsors of the
Handbook are strong proponents of the Freedom of Information Act
(FOIA) and its guarantee of public access to public meetings and public
documents.
Thanks to
Ray Pierce, Kelly Summerside,
and
Beth Walker
of the
Arkansas Attorney General’s Office for undertaking the legal research
and preparation for this edition and to the Arkansas Press Association for
the design, coordination, printing and distribution of the publication.
The initial printing of the 20th Edition is 24,000 copies. They will be
distributed by various governmental agencies, associations, and other
organizations. This entire
handbook
is
available
electronically
via
APA’s
website. To download the PDF file, go to arkansaspress.org and look for
the section titled “APA Publications.”
Freedom of Information Handbook, 20th Edition
|
3
Table
of
Contents
Section Page
A
Letter
from
the
Arkansas
Attorney
General
.................................
2
Sources
of
FOIA
Assistance
..........................................................
4
The
Arkansas
Freedom
of
Information
Act
(FOIA)
............................
5
How to Notify Public Bodies
.................................................
22
Major FOIA Court Decisions
....................................................
23
Public
Records
..................................................................
23
Public
Meetings
................................................................
27
Executive
Sessions
.............................................................
29
What to Do if a Judge Tries to Close a Courtroom
........................
29
Questions
and
Answers
about
the
Arkansas
FOIA
.......................
31
Attorney
General
Opinions
....................................................
35
Agencies
Generally
...........................................................
35
County
Government
..........................................................
42
Municipal
Government
......................................................
43
State
Government
............................................................
44
Public
Schools
.................................................................
45
Exceptions
to
the
Arkansas
FOIA
...........................................
47
Records
...........................................................................
47
Meetings........................................................................ 49
Related Federal Acts
...........................................................
50
Federal
Freedom
of
Information
Act
.......................................
50
Federal Privacy Act
.............................................................
50
Federal
Family
Education
and
Privacy
Rights
Act
(FERPA)
...........
50
Reporters
at
the
Scene
............................................................
51
Arkansas
Shield
Law
...............................................................
51
Subject
Index
.......................................................................
52
Case
Index
............................................................................
61
Arkansas
General
Assembly
Temporary
Amendment
to
FOIA
...........
63
How to Challenge a Meeting about to be Closed
................
Back
Cover
NOTE: This handbook includes numerous references, summaries,
and highlights of Attorney General opinions and court decisions. The
summaries of the opinions and decisions are limited by space restrictions.
We recommend consulting their full text to glean their full meaning.
To find the full court opinions, go to opinions.arcourts.gov; for the full
Attorney General opinions, go to ArkansasAG.gov/opinions.
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Freedom of Information Handbook, 20th Edition
Sources of FOIA Assistance
Arkansas
Attorney
General’s
Office
323 Center St., Suite 200
Little Rock, Arkansas 72201
(501) 682-2007
arkansasag.gov
Arkansas
Press
Association
411
S. Victory
St.
Little
Rock,
Arkansas
72201
Phone: (501) 374-1500
|
Fax: (501) 374-7509
800-569-8762
www.arkansaspress.org
|
info@arkansaspress.org
Arkansas Freedom of Information
Task Force Members
Rob Moritz
, (chair), journalism instructor, University of Central
Arkansas, Senate President Pro Tempore appointee.
Jeff Hankins
, (vice chair), vice president of strategic communication
and economic development, Arkansas State University System,
Governor’s appointee.
Wesley Brown
, publisher, The Daily Record newspaper, Arkansas Press
Association appointee.
Neal Gladner
, director of sales, US Stations, Arkansas Broadcasters
Association appointee.
Will Gruber
, Saline County civil attorney, Association of Arkansas
Counties appointee.
Elaine Lee
, assistant city attorney, City of North Little Rock, Arkansas
Municipal League appointee.
Robert Steinbuch
, professor of Law, William H. Bowen School of Law
at the University of Arkansas, Arkansas Freedom of Information
Coalition appointee.
John Tull
, partner at Quattlebaum, Grooms and Tull law firm in Little
Rock, Society of Professional Journalists appointee.
Freedom of Information Handbook, 20th Edition
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5
The Arkansas Freedom of
Information Act (FOIA)
Act
93
of
1967
As
amended
by
Act
1201
of
1975
(Extended
Sess.,
1976);
Act
652
of
1977;
Act
608
of
1981;
Acts
468
and
843
of
1985;
Acts
49
and
1001
of
1987;
Act
8
of
1989
(3rd
Ex.
Sess.);
Act
895
of
1993;
Acts
873
and
1335
of
1997;
Acts
1093
and
1589
of
1999;
Acts
1259,
1336,
and
1653
of
2001;
Acts
213,
275,
763,
and
1214
of
2003,
Acts
259,
1994,
and
2003
of
2005;
Acts
268,
726,
and
998
of
2007;
Acts
184,
440,
631,
and
1291
of
2009;
Acts
99,
168,
and
210
of
2011;
Acts
145,
235,
and
411
of
2013;
Acts
186,
881,
999,
1015,
and
1102
of
2015;
Acts
711,
713,
923,
and
1107 of 2017; Acts 392, 568, 910, 1012, 1028, and 1034 of 2019; Acts
56,
310,
572,
658,
727
and
778
of
2021.
These acts are codified at Ark. Code Ann. §§ 25-19-101 through -112
(Repl. 2014 & Supp. 2021).
25-19-101. Title.
This chapter shall be known and cited as the “Freedom of Information
Act of 1967”.
25-19-102.
Legislative
intent.
It is vital in a democratic society that public business be performed in
an open and public manner so that the electors shall be advised of the
performance of public officials and of the decisions that are reached in
public activity
and
in
making
public
policy. Toward
this
end,
this
chapter
is adopted, making it possible for them or their representatives to learn
and to report fully the activities of their public officials.
25-19-103. Definitions.
As
used
in
this
chapter:
(1)(A) “Custodian,” except as otherwise provided by law and with
respect to any public record, means the person having administrative
control of that record.
(B) “Custodian” does not mean a person who holds public
records solely for the purposes of storage, safekeeping, or data
processing for others;
(2)
“Disaster recovery system” means an electronic data storage
system implemented and maintained solely for the purpose of allowing
a governmental unit or agency to recover operational systems and
datasets following the occurrence of a catastrophe, including without
limitation an act of war, an equipment failure, a cyber-attack, or a
natural disaster such as a tornado, earthquake, or fire;
(3)
“Format” means the organization, arrangement, and form of
electronic information for use, viewing, or storage;
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Freedom of Information Handbook, 20th Edition
(4)
“Medium”means the physical form or material on which records
and information may be stored or represented and may include, but
is not limited to, paper, microfilm, microform, computer disks and
diskettes, optical disks, and magnetic tapes;
(5)(A) “Municipally owned utility system” means a utility system
owned or operated by a municipality that provides:
(i)
Electricity;
(ii)
Water;
(iii)
Wastewater;
(iv)
Cable
television;
or
(v)
Broadband
service.
(B)
“Municipally
owned
utility
system”
includes
without
limitation a:
(i)
Consolidated waterworks system under the
Consolidated Waterworks Authorization Act, § 25-20-301 et seq.;
(ii)
Utility system managed or operated by a nonprofit
corporation under § 14-199-701 et seq.; and
(iii)
Utility system owned or operated by a municipality or
by a consolidated utility district under the General Consolidated Public
Utility System Improvement District Law, § 14-217-101 et seq.;
(6) “Public meetings” means the meetings of any bureau,
commission, or agency of the state or any political subdivision of the
state, including municipalities and counties, boards of education, and
all other boards, bureaus, commissions, or organizations in the State
of Arkansas, except grand juries, supported wholly or in part by public
funds or expending public funds;
(7)(A) “Public records” means writings, recorded sounds, films,
tapes, electronic or computer-based information, or data compilations
in any medium required by law to be kept or otherwise kept and
that constitute a record of the performance or lack of performance
of official functions that are or should be carried out by a public
official or employee, a governmental agency, or any other agency or
improvement district that is wholly or partially supported by public
funds or expending public funds. All records maintained in public
offices or by public employees within the scope of their employment
shall be presumed to be public records.
(B) “Public records” does not mean software acquired by
purchase, lease, or license;
(8)
“Public water system”means all facilities composing a system for
the collection, treatment, and delivery of drinking water to the general
public, including without limitation reservoirs, pipelines, reclamation
facilities, processing facilities, distribution facilities, and regional water
distribution districts under The Regional Water Distribution District Act,
§
14-116-101
et
seq.;
and
(9)
“Vulnerability assessment” means an assessment of the
vulnerability
of
a
public
water
system
to
a
terrorist
attack
or other
Freedom of Information Handbook, 20th Edition
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7
intentional acts intended to substantially disrupt the ability of the
public water system to provide a safe and reliable supply of drinking
water as required by the Public Health Security and Bioterrorism
Preparedness and Response Act of 2002, Pub. L. No. 107-188.
25-19-104. Penalty.
Any person who negligently violates any of the provisions of this
chapter shall be guilty of a Class C misdemeanor.
25-19-105. Examination and copying of public records.
(a)(1)(A) Except as otherwise specifically provided by this section or by
laws specifically enacted to provide otherwise, all public records shall be
open to inspection and copying, including without limitation copying
through image capture, including still and moving photography and
video and digital recording, by any citizen of the State of Arkansas
during the regular business hours of the custodian of the records.
(B)
However, access to inspect and copy, including without
limitation copying through image capture, including still and moving
photography and video and digital recording, public records shall be
denied to:
(i)
A person who at the time of the request has pleaded
guilty to or been found guilty of a felony and is incarcerated in a
correctional facility; and
(ii)
The representative of a person under subdivision
(a)(1)(B)(i) of this section unless the representative is the person’s
attorney who is requesting information that is subject to disclosure
under this section.
(2)(A) A citizen may make a request to the custodian to inspect,
copy, including without limitation through image capture, including
still and moving photography and video and digital recording, or
receive copies of public records.
(B)
The request may be made in person, by telephone, by mail,
by facsimile transmission, by electronic mail, or by other electronic
means provided by the custodian.
(C)
The
request shall be sufficiently
specific to
enable the custo-
dian to locate the records with reasonable effort.
(3) If the person to whom the request is directed is not the custodi-
an of the records, the person shall so notify the requester and identify
the custodian, if known to or readily ascertainable by the person.
Exemptions:
(b)
It is the specific intent of this section that the following shall not
be deemed to be made open to the public under the provisions of this
chapter:
(1)
State
income
tax
records;
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Freedom of Information Handbook, 20th Edition
(2)
Medical
records,
adoption
records,
and
education
records as
defined in the Family Educational Rights and Privacy Act of 1974, 20
U.S.C. § 1232g, unless their disclosure is consistent with the provisions
of that act;
(3)
The site files and records maintained by the Arkansas Historic
Preservation Program and the Arkansas Archeological Survey;
(4)
Grand
jury
minutes;
(5)
Unpublished drafts of judicial or quasi-judicial opinions and
decisions;
(6)
Undisclosed investigations by law enforcement agencies of
suspected criminal activity;
(7)
Unpublished memoranda, working papers, and correspondence
of the Governor, members of the General Assembly, Supreme Court
Justices, Court of Appeals Judges, and the Attorney General;
(8)
Documents that are protected from disclosure by order or rule
of court;
(9)(A) Files that if disclosed would give advantage to competitors
or bidders; and
(B)(i) Records maintained by the Arkansas Economic
Development Commission related
to any
business entity’s
planning, site
location, expansion, operations, or product development and marketing,
unless approval for release of such records is granted by the business
entity.
(ii)
However,
this
exemption
shall
not
be
applicable
to
any records of expenditures or grants made or administered by the
commission and otherwise disclosable under the provisions of this
chapter;
(10)(A) The identities of law enforcement officers currently working
undercover with their agencies and identified in the Arkansas Minimum
Standards Office as undercover officers.
(B) Records of the number of undercover officers and agency
lists are not exempt from this chapter;
(11)
Records containing measures, procedures, instructions, or
related data used to cause a computer or a computer system or network,
including telecommunication networks or applications thereon, to
perform security functions, including, but not limited to, passwords,
personal identification numbers, transaction authorization mechanisms,
and other means of preventing access to computers, computer systems
or networks, or any data residing therein;
(12)
Personnel records to the extent that disclosure would constitute
a clearly unwarranted invasion of personal privacy;
(13)
Personal
contact
information,
including
without
limitation
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9
home or mobile telephone numbers, personal email addresses, and
home addresses of nonelected state employees, nonelected municipal
employees, nonelected school employees, and nonelected county
employees contained in employer records, except that the custodian
of the records shall verify an employee’s city or county of residence or
address on record upon request;
(14)
Materials, information, examinations, and answers to
examinations utilized by boards and commissions for purposes of
testing applicants for licensure by state boards or commissions;
(15)
Military service discharge records or DD Form 214, the
Certificate of Release from Active Duty of the United States Department
of Defense, filed with the county recorder as provided under § 14-2-
102, for veterans discharged from service less than seventy (70) years
from the current date;
(16)
Vulnerability assessments submitted by a public water system
on or before June 30, 2004, to the Administrator of the United States
Environmental Protection Agency for a period of ten (10) years from the
date of submission;
(17)
[Repealed.]
(18)(A) Records, including analyses, investigations, studies,
reports, recommendations, requests for proposals, drawings, diagrams,
blueprints, and plans containing information relating to security for any
public water system or municipally owned utility system.
(B)
The
records
under
subdivision
(b)(18)(A)
shall
include:
(i)
Risk and vulnerability assessments;
(ii)
Plans and proposals for preventing and mitigating
security risks;
(iii)
Emergency
response
and
recovery
records;
(iv)
Security
plans
and
procedures;
(v)
Plans and related information for generation,
transmission, and distribution systems; and
(vi)
Other records containing information that if disclosed
might jeopardize or compromise efforts to secure and protect the public
water system or municipally owned utility system.
(19)
Records pertaining to the issuance, renewal, expiration,
suspension, or revocation of a license to carry a concealed handgun, or
a present or past licensee under § 5-73-301 et seq., including without
limitation all records provided to or obtained by a local, state, or federal
government or their officials, agents, or employees in the investigation
of an applicant, licensee, or past licensee, and all records pertaining to
a criminal or health history check conducted on the applicant, licensee,
or past licensee except that:
(A)
Information or other records regarding an applicant,
licensee, or past licensee may be released to a law enforcement agency
to assist in a criminal investigation or prosecution or to determine the
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Freedom of Information Handbook, 20th Edition
validity
of
or
eligibility
for
a
license;
and
(B)
The name of an applicant, licensee, or past licensee may
be released as contained in investigative or arrest reports of law
enforcement that are subject to release as public records;
(20)(A) Except as provided in subdivision (b)(20)(B) of this section,
personal information of current and former public water system
customers and municipally owned utility system customers, including
without limitation:
(i)
Home and mobile telephone numbers;
(ii)
Personal
email
addresses;
(iii)
Home and business addressees; and
(iv)
Customer
usage
data.
(B)
Personal information of a current or former water system
customer or municipally owned utility system customer may be
disclosed to:
(i)
The current or former water system customer, who may
receive his or her own information;
(ii)
A person who serves as the attorney, guardian, or other
representative of the current or former water system customer, who
may receive the information of his or her client, ward, or principal;
(iii)
A tenant of the current or former water system customer
or municipally owned utility system customer, who may receive notice
of pending termination of service;
(iv)
A federal or state office or agency for the purpose of
participating in research being conducted by such federal or state office
or agency, if the federal or state office or agency agrees to prohibit
disclosure of the personal information;
(v)
For the purpose of facilitating a shared billing
arrangement, a county, municipality, improvement district, urban
service district, public utility, public facilities board, or public water
authority that provides or provided a service to the current or former
water system customer or municipally owned utility system customer; or
(vi)
An agent or vendor of the water system or municipally
owned utility system that provides a billing or administrative service
to the water system or municipally owned utility system provided that
the agent or vendor and the water system or municipally owned utility
system enter an agreement that prohibits disclosure by the agent or
vendor of the water system or municipally owned utility system of the
personal information of a current or former water system customer or
municipally owned utility system customer to any other person;
(21)
Electronic data information maintained by a disaster recovery
system;
(22)
The date of birth, home address, email address, phone number,
and other contact information from county or municipal parks and
recreation
department
records
of
a
person
who
was
under
eighteen
(18)
years of age at the time of the request made under this section;
Freedom of Information Handbook, 20th Edition
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(23)(A) Information related to taxes collected by particular entities
under § 26-74-501 et seq.; the Advertising and Promotion Commission
Act, § 26-75-601 et seq.; and § 26-75-701 et seq.
(B)
However, this exemption does not apply to information or
other records regarding the total taxes collected under § 26-74-501 et
seq.; the Advertising and Promotion Commission Act, § 26-75-601 et
seq.; and § 26-75-701 et seq. in the county or municipality as a whole;
(24)(A) Undisclosed and ongoing investigations by the Alcoholic
Beverage
Control
Board,
Alcoholic
Beverage
Control
Division,
or
Alcoholic
Beverage
Control
Enforcement
Division.
(B)
Completed investigations by the Alcoholic Beverage
Control Board, Alcoholic Beverage Control Division, or Alcoholic
Beverage Control Enforcement Division or investigations by the
Alcoholic Beverage Control Board, Alcoholic Beverage Control Division,
or Alcoholic Beverage Control Enforcement Division that have been
provided to the person or entity under investigation are subject to
disclosure under this section;
(25)(A) When the custodian is a governmental entity that has
knowledge of the individual’s assistance as described in this subdivision
(b)(25)(A), information that could reasonably be used to identify an
individual who is assisting or has assisted a governmental entity in
one (1) or more investigations, whether open or closed, of matters that
are criminal in nature, if disclosure of the individual’s identity could
reasonably be expected to endanger the life or physical safety of the
individual or a member of the individual’s family within the first degree
of consanguinity and:
(i)
The individual is a confidential informant;
(ii)
The
individual
is
a
confidential
source;
or
(iii)
The individual’s assistance is or was provided under the
assurance of confidentiality.
(B)
As used in this subdivision (b)(25), “information that could
reasonably be used to identify an individual” includes the following:
(i)
The
individual’s
name;
(ii)
The
individual’s
date
of
birth;
(iii)
A
physical
description
of
the
individual
that
could
reasonably be used to identify him or her;
(iv)
The individual’s Social Security number, driver’s license
number, or other government-issued number specific to him or her;
(v)
The
individual’s
work
or
personal
contact
information;
and
(vi)
Any other information about the individual that could
reasonably be used to identify the individual; and
(26)(A) Records, including analyses, investigations, studies,
reports, recommendations, requests for proposals, drawings, diagrams,
blueprints, and plans containing information relating to security for
any
medical
marijuana
cultivation
facility,
marijuana
dispensary,
or
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Freedom of Information Handbook, 20th Edition
marijuana
laboratory
processor.
(B)
The records under subdivision (b)(26)(A) of this section include:
(i)
Risk and vulnerability assessments;
(ii)
Plans and proposals for preventing and mitigating
security
risks;
(iii)
Emergency
response
and
recovery
records;
(iv)
Security
plans
and
procedures;
(v)
Plans
and
related
information
for
generation,
transmission, and distribution systems; and
(vi)
Other information that, if disclosed, would
jeopardize or compromise efforts to secure and protect the security
of a medical marijuana cultivation facility, marijuana dispensary, or
marijuana laboratory processor.
(27)(A) Ballots, other than sample ballots, unless otherwise
ordered by a court of law.
(B)
Subdivision
(b)(27)(A)
of
this
section
does
not
apply
to a
poll
watcher
during
an
election,
who
shall
be
allowed
to
inspect
a
voter
statement
and
ballot
while
ensuring
the
secrecy
of
the
vote
is
maintained
and
subject
to
reasonable
restrictions
prescribed
by
the
State
Board
of
Election
Commissioners.
(c)(1) Notwithstanding subdivision (b)(12) of this section, all employee
evaluation or job performance records, including preliminary notes
and other materials, shall be open to public inspection only upon final
administrative resolution of any suspension or termination proceeding
at which the records form a basis for the decision to suspend or
terminate the employee and if there is a compelling public interest in
their disclosure.
(2) Any personnel or evaluation records exempt from disclosure
under this chapter shall nonetheless be made available to the person
about whom the records are maintained or to that person’s designated
representative.
(3)(A) Except as stated under subdivision (c)(4) of this section,
upon receiving a request for the examination or copying of personnel
or evaluation records, the custodian of the records shall determine
within twenty-four (24) hours of the receipt of the request whether
the records are exempt from disclosure and make efforts to the fullest
extent possible to notify the person making the request and the subject
of the records of that decision.
(B)(i) If the subject of the records cannot be contacted in person
or by telephone within the twenty-four-hour period, the custodian
shall send written notice via overnight mail to the subject of the records
at his or her last known address. Either the custodian, requester, or
the subject of the records may immediately seek an opinion from
the Attorney General, who, within three (3) working days of receipt
of
the
request,
shall
issue
an
opinion
stating
whether
the
decision
is
Freedom of Information Handbook, 20th Edition
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13
consistent
with
this
chapter.
(ii) In the event of a review by the Attorney General, the
custodian shall not disclose the records until the Attorney General has
issued his or her opinion.
(C)
However, nothing in this subsection shall be construed to
prevent the requester or the subject of the records from seeking judicial
review of the custodian’s decision or the decision of the Attorney
General.
(4) If a request for public records seeks only the gross salary of a
public employee or a set of public employees, then the:
(A)
Records custodian is not required to notify the public
employee or set of public employees before disclosing the gross salary
amount; and
(B)
Public employee whose gross salary is the subject of the
request for public records is not entitled to seek an opinion from the
Attorney General under subdivision (c)(3)(B) of this section.
(d)(1) Reasonable access to public records and reasonable comforts and
facilities for the full exercise of the right to inspect and copy , including
without limitation copying through image capture, including still and
moving photography and video and digital recording, those records
shall not be denied to any citizen.
(2)(A) Upon request and payment of a fee as provided in subdivision
(d)(3) of this section, the custodian shall furnish copies of public records
if the custodian has the necessary duplicating equipment.
(B)
A citizen may request a copy of a public record in any
medium in which the record is readily available or in any format to
which it is readily convertible with the custodian’s existing software.
(C)
A custodian is not required to compile information or create
a record in response to a request made under this section.
(3)(A)(i) Except as provided in § 25-19-109 or by law, any fee for
copies shall not exceed the actual costs of reproduction, including
the costs of the medium of reproduction, supplies, equipment, and
maintenance, but not including existing agency personnel time
associated with searching for, retrieving, reviewing, or copying the
records.
(ii)
The custodian may also charge the actual costs of mailing
or transmitting the record by facsimile or other electronic means.
(iii)
If the estimated fee exceeds twenty-five dollars
($25.00), the custodian may require the requester to pay that fee in
advance.
(iv)
Copies may be furnished without charge or at a reduced
charge if the custodian determines that the records have been requested
primarily for noncommercial purposes and that waiver or reduction of
the fee is in the public interest.
(v)
Except
as
provided
in
§
25-19-109,
the
custodian
may
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not charge a fee for the requestor’s inspection or copying, including
without limitation copying through image capture, including still and
moving photography and video and digital recording, of public records.
(B) The custodian shall provide an itemized breakdown of
charges under subdivision (d)(3)(A) of this section.
(e)
If a public record is in active use or storage and therefore not available
at the time a citizen asks to examine it, the custodian shall certify this
fact in writing to the applicant and set a date and hour within three (3)
working days at which time the record will be available for the exercise
of the right given by this chapter.
(f)(1) No request to inspect, copy, or obtain copies of public records shall
be denied on the ground that information exempt from disclosure is
commingled with nonexempt information.
(2)
Any reasonably segregable portion of a record shall be provided
after deletion of the exempt information.
(3)
The amount of information deleted shall be indicated on the re-
leased portion of the record and, if technically feasible, at the place in
the record where the deletion was made.
(4)
If it is necessary to separate exempt from nonexempt infor-
mation in order to permit a citizen to inspect, copy, including without
limitation copying through image capture, including still and moving
photography and video and digital recording, or obtain copies of public
records, the custodian shall bear the cost of the separation.
(g) Any computer hardware or software acquired by an entity subject
to § 25-19-103(7)(A) after July 1, 2001, shall be in full compliance with
the requirements of this section and shall not impede public access to
records in electronic form.
(h) Notwithstanding any Arkansas law to the contrary, at the conclusion
of any investigation conducted by a state agency in pursuit of civil
penalties against the subject of the investigation, any settlement
agreement entered into by a state agency shall be deemed a public
document for the purposes of this chapter. However, the provisions
of this subsection shall not apply to any investigation or settlement
agreement involving any state tax covered by the Arkansas Tax
Procedure Act, § 26-18-101 et seq.
25-19-106. Open public meetings.
(a) Except as otherwise specifically provided by law, all meetings,
formal or informal, special or regular, of the governing bodies of all
municipalities, counties, townships, and school districts and all boards,
bureaus, commissions, or organizations of the State of Arkansas, except
grand juries, supported wholly or in part by public funds or expending
public funds, shall be public meetings.
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(b)(1) The time and place of each regular meeting shall be furnished to
anyone who requests the information.
(2)
In the event of emergency or special meetings, the person
calling the meeting shall notify the representatives of the newspapers,
radio stations, and television stations, if any, located in the county in
which the meeting is to be held and any news media located elsewhere
that cover regular meetings of the governing body and that have
requested to be so notified of emergency or special meetings of the
time, place, and date of the meeting. Notification shall be made at least
two (2) hours before the meeting takes place in order that the public
shall have representatives at the meeting.
(c)(1)(A) Except as provided under subdivision (c)(6) of this section, an
executive session will be permitted only for the purpose of considering
employment, appointment, promotion, demotion, disciplining, or
resignation of any public officer or employee.
(B) The specific purpose of the executive session shall be announced
in public before going into executive session.
(2)(A) Only the person holding the top administrative position
in the public agency, department, or office involved, the immediate
supervisor of the employee involved, and the employee may be present
at the executive session when so requested by the governing body,
board, commission, or other public body holding the executive session.
(B) Any person being interviewed for the top administrative
position in the public agency, department, or office involved may be
present at the executive session when so requested by the governing
board, commission, or other public body holding the executive session.
(3)
Executive sessions must never be called for the purpose of
defeating the reason or the spirit of this chapter.
(4)
No resolution, ordinance, rule, contract, regulation, or motion
considered or arrived at in executive session will be legal unless,
following the executive session, the public body reconvenes in public
session and presents and votes on the resolution, ordinance, rule,
contract, regulation, or motion.
(5)(A) Boards and commissions of this state may meet in executive
session for purposes of preparing examination materials and answers to
examination materials that are administered to applicants for licensure
from state agencies.
(B) Boards and commissions are excluded from this chapter for
the administering of examinations to applicants for licensure.
(6)
Subject to the provisions of subdivision (c)(4) of this section,
a public agency may meet in executive session for the purpose of
considering, evaluating, or discussing matters pertaining to public
water system security or municipally owned utility system security as
described in § 25-19-105(b)(18).
(7)
An
executive
session
held
by
the
Child
Maltreatment
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Investigations Oversight Committee under § 10-3-3201 et seq. is
exempt from this section.
(d)(1) All officially scheduled, special, and called open public meetings
shall be recorded in a manner that allows for the capture of sound,
including without limitation:
(A)
A sound-only recording;
(B)
A video recording with sound and picture; or
(C)
A digital or analog broadcast capable of being recorded.
(2)
A recording of an open public meeting shall be maintained by a
public entity for a minimum of one (1) year from the date of the open
public meeting.
(3)
The recording shall be maintained in a format that may be
reproduced upon a request under this chapter.
(4)
Subdivisions (d)(1) and (2) of this section do not apply to:
(A)
Executive
sessions;
or
(B)
Volunteer fire departments.
(5)
Cities of the second class and incorporated towns are exempt
from subdivisions
(d)(1) and (2) of this section until July 1, 2020.
(e)(1) If the Governor declares a disaster emergency under the Arkansas
Emergency Services Act of 1973, § 12-75-101 et seq., a public entity
may assemble, gather, meet, and conduct an open public meeting
through electronic means, including without limitation by:
(A)
Telephone;
(B)
Video
conference;
or
(C)
Video
broadcast.
(2)
If an open public meeting is held under subdivision (e)(1) of this
section:
(A)
The
public
may
attend
the
open
public
meeting using
electronic means; and
(B)
Notice of the method the public may attend the open public
meeting shall be published with the notice of the open public meeting.
(3)
Physical presence of the public or of an individual member of
the public entity at the open public meeting is not required under this
subsection.
(4)
The open public meeting shall be recorded in the format in which
it is conducted, including without limitation:
(A)
A sound-only recording;
(B)
A video recording with sound and picture; or
(C)
A digital or analog broadcast capable of being recorded.
(5)
A public entity shall maintain the records of an open public
meeting held under this subsection for a minimum of one (1) year from
the date of the open public meeting.
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25-19-107.
Appeal
from
denial
of
rights
—
Attorney’s
fees.
(a)
Any citizen denied the rights granted to him or her by this chapter
may appeal immediately from the denial to the Pulaski County Circuit
Court or to the circuit court of the residence of the aggrieved party, if
the State of Arkansas or a department, agency, or institution of the
state is involved, or to any of the circuit courts of the appropriate judicial
districts when an agency of a county, municipality, township, or school
district, or a private organization supported by or expending public
funds, is involved.
(b)
Upon written application of the person denied the rights provided
for in this chapter, or any interested party, it shall be mandatory upon
the circuit court having jurisdiction to fix and assess a day the petition
is to be heard within seven (7) days of the date of the application of the
petitioner, and to hear and determine the case.
(c)
Those who refuse to comply with the orders of the court shall be
found guilty of contempt of court.
(d)(1) In any action to enforce the rights granted by this chapter, or
in any appeal therefrom, the court shall assess against the defendant
reasonable attorney’s fees and other litigation expenses reasonably
incurred by a plaintiff who, after filing suit, has obtained from the
defendant a significant or material portion of the public information
he or she requested, unless the court finds that the position of the
defendant was substantially justified.
(2) If the defendant has substantially prevailed in the action, the
court may assess expenses against the plaintiff only upon a finding that
the action was initiated primarily for frivolous or dilatory purposes.
(e)(1) Notwithstanding subsection (d)(1) of this section, the court
shall not assess reasonable attorney’s fees or other litigation expenses
reasonably incurred by a plaintiff against the State of Arkansas or a
department, agency, or institution of the state.
(2)(A) A plaintiff who substantially prevailed in an action under
this section against the State of Arkansas or a department, agency, or
institution of the state may file a claim with the Arkansas State Claims
Commission to recover reasonable attorney’s fees and other litigation
expenses reasonably incurred.
(B) A claim for reasonable attorney’s fees and litigation
expenses reasonably incurred in an action against the State of Arkansas
or a department, agency, or institution of the state shall be filed with
the commission pursuant to § 19-10-201 et seq. within sixty (60) days
of the final disposition of the appeal under subsection (a) of this section.
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25-19-108. Information for public guidance.
(a) Each state agency, board, and commission shall prepare and make
available:
(1)
A description of its organization, including central and field offices,
the general course and method of its operations, and the established
locations, including, but not limited to, telephone numbers and street,
mailing, electronic mail, and internet addresses and the methods by
which the public may obtain access to public records;
(2)
A list and general description of its records, including computer
databases;
(3)(A) Its regulations, rules of procedure, any formally proposed
changes, and all other written statements of policy or interpretations
formulated, adopted, or used by the agency, board, or commission in the
discharge of its functions.
(B)(i) Rules, regulations, and opinions used in this section shall
refer only to
substantive and
material items
that directly affect procedure
and decision-making.
(ii)
Personnel policies, procedures, and internal policies shall
not be subject to the provisions of this section.
(iii)
Surveys, polls, and fact-gathering for decision-making
shall not be subject to the provisions of this section.
(iv)
Statistical data furnished to a state agency shall be posted
only after the agency has concluded its final compilation and result;
(4) All documents composing an administrative adjudication decision
in a contested
matter, except
the parts
of the decision that
are expressly
confidential under state or federal law; and
(5) Copies of all records, regardless of medium or format, released
under § 25-19-105 which, because of the nature of their subject matter,
the agency, board,
or commission
determines have
become or are likely
to become the subject of frequent requests for substantially the same
records.
(b)(1) All materials made available by a state agency, board, or
commission pursuant to subsection (a) of this section and created
after July 1, 2003, shall be made publicly accessible, without charge, in
electronic form via the internet.
(2) It shall be a sufficient response to a request to inspect or copy the
materials that they are available on the internet at a specified location,
unless the requester
specifies another
medium or
format under § 25-19-
105(d)(2)(B).
(c)(1) An entity that is subject to this chapter that is not included
in subsection (a) of this section may opt in to any provision under
subdivisions (a)(1)-(5) through ordinance or resolution enacted by its
governing body.
(2) The ordinance or resolution under subdivision (c)(1) of this section
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shall comply with subdivision (b)(1) of this section.
25-19-109. Special requests for electronic information.
(a)(1) At his or her discretion, a custodian may agree to summarize,
compile, or tailor electronic data in a particular manner or medium and
may agree to provide the data in an electronic format to which it is not
readily convertible.
(2) Where the cost and time involved in complying with the
requests are relatively minimal, custodians should agree to provide the
data as requested.
(b)(1) If the custodian agrees to a request, the custodian may charge
the actual, verifiable costs of personnel time exceeding two (2) hours
associated with the tasks, in addition to copying costs authorized by §
25-19-105(d)(3).
(2) The charge for personnel time shall not exceed the salary of
the lowest paid employee or contractor who, in the discretion of the
custodian, has the necessary skill and training to respond to the request.
(c) The custodian shall provide an itemized breakdown of charges under
subsection (b) of this section.
25-19-110. Exemptions.
(a) Beginning July 1, 2009, in order to be effective, a law that enacts a
new exemption to the requirements of this chapter or that substantially
amends an existing exemption to the requirements of this chapter
shall state that the record or meeting is exempt from the Freedom of
Information Act of 1967, § 25-19-101 et seq.
(b)
For
purposes
of
this
section:
(1)
An exemption from the requirements of this chapter is
substantially amended if the amendment expands the scope of
the exemption to include more records or information or to include
meetings as well as records; and
(2)
An exemption from the requirements of this chapter is not
substantially amended if the amendment narrows the scope of the
exemption.
25-19-111. Arkansas Freedom of Information Act Task Force.
(a)(1) There is created the Arkansas Freedom of Information Task Force
for the purpose of reviewing, evaluating, and approving proposed
amendments to the Freedom of Information Act of 1967, § 25-19-101
et seq.
(2)
No later than the first day of November in each even-numbered
year preceding a regular legislative session, the task force shall:
(A)
Complete a study of proposed exemptions from or additions
to the Freedom of Information Act of 1967, § 25-19-101 et seq.; and
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(B)
Report to the General Assembly its recommendations
concerning proposed exemptions from or additions to the Freedom of
Information Act of 1967, § 25-19-101 et seq.
(b)(1) The task force shall consist of nine (9) members as follows:
(A)
One (1) member appointed by the Governor;
(B)
One (1) member appointed by the President Pro Tempore of
the Senate;
(C)
One (1) member appointed by the Speaker of the House of
Representatives;
(D)
One (1) member appointed by the Arkansas Press Association,
Inc.;
(E)
One
(1)
member
appointed
by
the
Arkansas
Freedom
of
Information
Coalition;
(F)
One (1) member appointed by the Arkansas Pro Chapter of
the Society of Professional Journalists;
(G)
One (1) member appointed by the Arkansas Broadcasters
Association;
(H)
One (1) member appointed by the Association of Arkansas
Counties; and
(I)
One
(1)
member
appointed
by
the
Arkansas
Municipal
League.
(2)(A) Each member of the task force shall serve a term of four (4)
years.
(B) A
member
of
the
task
force
shall not
serve
more
than
two
(2)
terms.
(3)
A vacancy on the task force shall be filled in the manner of the
original appointment.
(4)
The task force shall elect from
its membership:
(A)
A chair; and
(B)
Other officers deemed necessary by the task force.
(c)(1) Five (5) members of the task force shall constitute a quorum for the
purpose of transacting business.
(2)
A
majority
vote
of
the
total
membership
of
the
task
force
is
required for any action of the task force.
(d) The members of the task force shall meet at their own expense and
shall not be entitled to reimbursement for mileage or per diem.
(e)(1) The initial members of the task force shall be appointed within
thirty (30) days of August 1, 2017.
(2)(A)
The
President
Pro
Tempore
of
the
Senate
shall
call
the
first
meeting of the task force, which shall occur within sixty (60) days of
August 1, 2017.
(B) The
task
force
shall
begin
its
review
under
subdivision
(a)
(2) of this section within thirty (30) days of the call of the first meeting.
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25-19-112. Audio media, visual media, and audiovisual
media — Findings — Intent — Law enforcement.
(a)
The
General
Assembly
finds
that:
(1)
The allocation of time of trained law enforcement personnel,
dispatchers, and detention personnel toward fulfilling requests
for copies of audio media, visual media, and audiovisual media is
substantial; and
(2)
The uniform assessment of costs to defray and recover the
allocation of time of trained law enforcement personnel, dispatchers,
and detention personnel toward fulfilling requests for copies of audio
media, visual media, and audiovisual media is necessary.
(b)
It is the intent of the General Assembly to encourage the use of
audio media, visual media, and audiovisual media by state and local
law enforcement agencies and detention centers.
(c)(1) A state, county, municipal, school, college, or university law
enforcement agency, dispatch center, public safety answering point,
jail, detention center, or electronic record provider may charge for the
costs associated with retrieving, reviewing, redacting, and copying
audio media, visual media, and audiovisual media as provided under
this section.
(2)
A request for audio media, visual media, and audiovisual media
that:
(A)
Requires three (3) hours or less of personnel and equipment
time to fulfill the request shall be provided at no charge:
(i)
Except for the cost of reproduction of the media; or
(ii)
Unless the requestor or the requestor’s entity has made
a request under this section in the immediately preceding thirty-day
period;
(B)
Requires more than three (3) hours of personnel or
equipment time to fulfill the request shall be charged at a rate that
does not exceed twenty dollars ($20.00) per hour on a prorated basis for
each hour of running time of audio media, visual media, or audiovisual
media provided to the requestor; and
(C)
Is estimated to require more than three (3) hours of
personnel or equipment time to fulfill the request may be required to
be prepaid.
(3)
A request for audio media, visual media, and audiovisual
media shall be sufficiently specific to enable the custodian to locate
the requested audio media, visual media, and audiovisual media with
reasonable effort.
(4)
An electronic record provider that charges for costs under this
section shall provide a copy of the invoice to the entity required to
maintain the audio media, visual media, or audiovisual media.
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How
to
Notify
Public
Bodies
At the beginning of every year, each individual newspaper, radio, or
television station should send a notification letter to all public bodies
in its coverage area, similar to this:
Dear
Mayor
or
Public
Servant:
This is to request that our (newspaper, radio, or television station)
be notified of the dates, times, and places of all regular and special
meetings of the (name of body).
This request is made in accordance with the Freedom of Information
Act. The FOIA requires that the time, date, and place of all regular and
special meetings be furnished to anyone who requests the information.
Specifically it states:
Except as otherwise provided by law, all meetings, formal
and informal, special or regular, of the governing bodies of all
municipalities, counties, townships, and school districts, and
all boards, bureaus, commissions or organizations of the State
of Arkansas, except Grand Juries, supported wholly or in part by
public funds, or expending public funds, shall be public meetings.
Further, the FOIA also requires that at least two (2) hours’notice be given
of an emergency or special meeting, to media that have requested to be
so notified, “in order that the public shall have a representative at the
meetings.”
This letter is our formal request for notification. It has been written
so you will have the request on file. We will keep a copy on file in our
office. We look forward to working with you as we both serve the public.
Please call if you have any questions.
Sincerely,
Ima Reporter
Mail the letter to at least the chairman. But consider sending it to every
member of every public body. Better yet, hand-deliver it to them to
make sure they get it.
We also recommend that you attend a meeting of each body and
make your notification request orally, in public. Let the members of
the body and the general public see and hear your commitment to
open meetings. This would tell citizens their rights and responsibilities
regarding the FOIA—“The People’s Law.”
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Major
FOIA
Court
Decisions
PUBLIC
RECORDS:
(1)
The definition
of “public
record”under the
FOIA is
not dependent
upon who keeps the record or where it is kept—just that it either is
required to be kept or is otherwise kept. Fox v. Perroni, 358 Ark. 251, 188
S.W.3d 881 (2004). The Act does not itself provide that any particular
records be kept. McMahan v. Bd. of Trustees of the Univ. of Arkansas, 255
Ark. 108, 499 S.W.2d 56 (1973). But see Ark. Code Ann. §§ 25-18-601
– 605 (Repl. 2014 & Supp. 2021) (concerning the retention of public
records by state agencies).
(2)
The FOIA should be broadly construed in favor of disclosure:
under the rules of evidence now in effect, there is no exception for
the attorney-client privilege concerning state-agency records in
the possession of its attorney, and such records are subject to public
disclosure. Scott v. Smith, 292 Ark. 174, 728 S.W.2d 515 (1987).
(3)
The intent behind the FOIA contemplates that a corporation
doing business in this state is a party entitled to information. Hence,
a representative of a corporation is entitled to receive any information
that any other person would be entitled to receive pursuant to the FOIA.
Arkansas Hwy. Transp. Dept. v. Hope Brick Works, Inc., 294 Ark. 490, 744
S.W.2d 711 (1988).
(4)
For a record to be subject to the FOIA and available to the public,
it must be (1) possessed by an entity covered by the FOIA, (2) fall within
the FOIA’s definition of a“public record,”and (3) not be exempted by the
FOIA or other statutes. Nabholz Const. Corp. v. Contractors for Pub. Prot.
Ass’n., 371 Ark. 411, 266 S.W.3d 689 (2007).
(5)
“Public records” are those required by law to be kept or
otherwise kept and that constitute a record of the performance or lack
of performance of official functions. The question whether a document
is a“public record”ultimately depends on its content. The mere fact that
a document was created on or is stored on a public computer does not
make
it
a
public
record
under
the
FOIA.
See
Pulaski
Cty.
v.
Ark.
Democrat-
Gazette, Inc., 370 Ark. 435, 260 S.W.3d 716 (2007).
(6)
The fact that public records may be kept by a private entity
or individual does not make that entity or individual a “covered entity”
under
the
FOIA. The
public
entity
remains
the
custodian
of
the
records,
even if it does not have physical custody of them. Any request for
or dispute over such public records must involve the “custodian of
the records,” i.e., the public entity, and not the private entity alone.
Apprentice Info. Sys., Inc. v. DataScout, LLC, 2018 Ark. 146, 544 S.W.3d 39.
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(7)
The plain language of the FOIA confirms that the General
Assembly intended that direct public funding be required to bring
private entities within the scope of the Act. Indirect government
assistance or incentives, such as tax incentives to lure industry to
the state, are insufficient to make private entities subject to the Act.
Sebastian Cty. Chapter of Am. Red Cross v. Weatherford, 311 Ark. 656,
846 S.W.2d 641 (1993).
(8)
The constitutional right to privacy can supersede the disclosure
requirements of the FOIA under a balancing test. The court will
balance the individual’s privacy interest in nondisclosure against the
governmental interest in disclosure under the FOIA. McCambridge v.
City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989).
(9)
Records that are part of an open and ongoing law enforcement
investigation are protected as “undisclosed investigations” under the
FOIA. Martin v. Musteen, 303 Ark. 656, 799 S.W.2d 540 (1990). This is a
question
of
fact
in
each
case.
Id.
See
also
Dept.
of
Arkansas
State
Police
v. Keech Law Firm, 2017 Ark. 143, 516 S.W.3d 265 (holding that sparse
activity after two years on a 54-year-old case was insufficient to show
that the investigation was “open and ongoing”).
(10)
Not all documents connected with law enforcement are
sufficiently investigative in nature to fall within the exemption for
“undisclosed investigations.” Hengel v. City of Pine Bluff, 307 Ark. 457,
821 S.W.2d 761 (1991). The jail log, arrest records, and shift sheets
of a police department are not records containing undisclosed law
enforcement investigations and are therefore subject to disclosure
under the FOIA. Additionally, because the jail division of the police
department operates twenty-four hours a day, those are its “regular
business hours.” The department’s records must be available for
reasonable inspection by the public at all times during those hours of
operation. Id. Administrative divisions of the police department might
keep different hours. Op. Att’y Gen. 2001-086.
(11)
Vehicle accident reports created by police officers are not a
“motor vehicle record” under the federal Driver’s Privacy Protection
Act, 18 U.S.C. §§ 2721-2725, which prohibits disclosure of personal
information in connection with a motor vehicle record. Therefore,
names and addresses in such reports are not shielded from disclosure
under
the
FOIA.
Arkansas State Police v. Wren,
2016
Ark.
188,
491
S.W.3d
124 (cert. denied, 137 S.Ct. 623 (2017)).
(12)
Emails transmitted between a state employee and the Governor
that involved the public’s business are subject to inspection and copying
under the FOIA, regardless of whether they were transmitted to private
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email addresses through private internet providers or sent to an official
government email address. Bradford v. Dir., 83 Ark. App. 332, 128
S.W.3d 20 (2003).
(13)
The use of unsigned written slips as ballots that were not
retained as part of the records of the Arkansas Activities Association,
a state organization, violated the FOIA in part because the Association’s
normal
policy
was
to
retain
ballots. The
recorded
votes
of
the
individual
members of the organization constitute a record of the performance or
lack of performance of official functions carried out by the organization
and, as such, are open to inspection and copying. Depoyster v. Cole, 298
Ark.
203,
766
S.W.2d
606
(1989),
overruled
on
other
grounds
by
Harris
v. Fort Smith,
366
Ark.
277,
234
S.W.3d
875
(2006).
(14)
The FOIA applies to a privately owned water system that serves
the public purpose of providing water service under a publicly funded
contract. Kristen Inv. Properties v. Faulkner Cty. Waterworks, 72 Ark. App.
37, 32 S.W.3d 60 (2000).
(15)
Records in the possession of a city’s retained attorney, who
was hired in lieu of the city attorney, are subject to disclosure under the
FOIA. Attorneys retained for the city in lieu of the regular city attorney
are the functional equivalent of the regular city attorney, and the city
cannot avoid the FOIA requirements by substituting a private attorney
for the city attorney. Legal memoranda prepared by outside counsel for
the city for litigation purposes were public records within the meaning
of the FOIA. City of Fayetteville v. Edmark, 304 Ark. 179, 801 S.W.2d 275
(1990).
(16)
The FOIA requires the state agency to arrange for reasonable
access to public records, notwithstanding the agency’s contention that
the records are not in its actual or constructive possession or control.
Swaney v. Tilford, 320 Ark. 652, 898 S.W.2d 462 (1995).
(17)
In determining whether personnel records are exempt from
disclosure under Ark. Code Ann. § 25-19-105(b)(12), the court will
weigh the public interest in the requested records against the affected
individuals’privacy interest in withholding them. Young v. Rice, 308 Ark.
593, 826 S.W.2d 252 (1992). Revealing “intimate details” of a person’s
life gives rise to a substantial privacy interest. Id. In considering the
“public interest” prong of the balancing test, the court will examine
the degree to which release of the information would keep the citizens
advised of the performance of their public officials. Stilley v. McBride,
332 Ark. 306, 965 S.W.2d 125 (1998).
(18)
A request for records cannot be denied because the custodian
deems the request too burdensome if the request is otherwise specific
enough
under
§
25-19-105(a)(2)(C).
Daugherty
v.
Jacksonville Police
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Dept.,
2012
Ark.
264,
411
S.W.3d
196.
(19)
A request for electronic copies of paper records cannot be
denied
when
they
are
readily
convertible
under
§
25-19-105(d)(2)
(B) because the public entity deems the request too voluminous and
burdensome given the limitations of its scanning capabilities.
Pulaski
Cty. Special Sch. Dist. v. Delaney, 2019 Ark. App. 210, 575 S.W.3d 420.
(20)
Photographs of a law enforcement agency’s non-undercover
officers are exempt under Ark. Code Ann. § 25-19-105(b)(10) if their
disclosure would, under the circumstances, reveal the identities of the
agency’s undercover officers. Arkansas State Police v. Racop, 2022 Ark.
17, 638 S.W.3d 1 (quoting with approval Op. Att’y Gen. 2014-011).
Freedom of Information Handbook, 20th Edition
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27
PUBLIC
MEETINGS:
(21)
Statutes enacted for the public benefit are to be construed
most favorably to the public. The FOIA was passed wholly in the public
interest and is therefore to be liberally interpreted to the end that its
purposes may be accomplished. The Act states that“except as otherwise
specifically provided by law, all meetings . . . of the governing bodies of
all municipalities . . . shall be public meetings.”There exists no provision
of law which “specifically” exempts meetings between the city council
and the city attorney from the coverage of the FOIA. Laman v. McCord,
245 Ark. 401, 432 S.W.2d 753 (1968).
(22)
When the State Police Commission conducts a hearing on the
application for reinstatement of a discharged state police officer, the
FOIA requires that the taking of testimony and hearing of arguments
be held in public. At the conclusion of the evidentiary hearing the
Commission may go into executive session to discuss the decision it
should reach. Arkansas State Police Comm. v. Davidson, 253 Ark. 1090,
490 S.W.2d 788 (1973).
(23)
When a committee of a board or commission that is subject to
the FOIA meets for the transaction of business, the meeting is a public
meeting and subject to the provisions of the Act. Members of the news
media are interested parties and have standing to institute a declaratory
judgment action to enforce the provisions of the act. Arkansas Gazette
Co. v. Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975).
(24)
A group meeting of the members of a city council, even if less
than a quorum, is subject to the FOIA if members of the council discuss
or take action on any matter on which foreseeable city council action
will
be
taken.
Mayor
and
City
Council
of
El
Dorado
v.
El
Dorado
Broad.
Co.,
260 Ark. 821, 544 S.W.2d 206 (1976). The Act covers informal, unofficial
group meetings for the discussion of governmental business. Id.
(25)
One-on-one discussions between a city administrator and city
board members to approve a proposed real estate purchase violated the
FOIA’s open meeting requirements. Harris v. City of Fort Smith, 359 Ark.
355, 197 S.W.3d 461 (2004). But a city administrator did not violate
the open-meetings law by presenting individual board members a
memorandum opining on a proposed ordinance. McCutchen v. City of
Fort Smith,
2012
Ark.
452,
425
S.W.3d
671.
See also
Arkansas Okla. Gas
Corp. v. MacSteel Div. of Quanex, 370 Ark. 481, 262 S.W.3d 147 (2007)
(concluding that the open-meetings provision was not violated where
county judge asked quorum court members if they understood the
agenda, and where there was no evidence that a business acted in any
capacity other than its own when it contacted quorum court members
to lobby for its interests).
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(26)
Emails and other forms of electronic communications between
public officials could constitute public meetings, just like telephonic
communications, and thus be subject to the open-meetings provisions
of the FOIA. City of Fort Smith v. Wade, 2019 Ark. 222, 578 S.W.3d 276.
(27)
The meetings of the Arkansas State Committee of the North
Central Association of Colleges and Schools, a private nonprofit
organization, are subject to the FOIA because the Association’s state
committee is composed of public servants, has its official situs and
operation in a publicly owned facility, and is supported wholly or in
part
with
public
funds.
North
Cent.
Assoc.
of
Colleges
and
Schools
v.
Troutt
Bros., 261 Ark. 378, 548 S.W.2d 825 (1977).
(28)
The FOIA establishes no right to minutes of a grand jury
proceeding. There is a policy of secrecy surrounding grand jury
proceedings, and the limited exception under which disclosure can be
made requires the moving party to establish a “particularized need”
which does not
include
a
general “fishing
expedition.” Thomas
v.
United
States, 597 F.2d 656 (8th Cir. 1979).
(29)
The FOIA allows the board of a publicly supported agency (i.e.,
county hospital board), or committee of a publicly funded agency to
discuss or consider a personnel issue in an executive or private session.
However, testimony and voting on the issue must be done in a public
session.
Baxter Cty. Newspapers, Inc. v. Medical Staff of Baxter Gen. Hosp.,
273 Ark. 511, 622 S.W.2d 495 (1981).
(30)
A nonprofit regional health planning corporation that received
its primary funding from the federal government was subject to this
chapter and violated its open public meeting requirements when
it reconsidered the granting of a certificate of need to construct a
hospital after conducting a telephone poll of members of the executive
committee.
Rehab. Hosp. Serv’s Corp. v. Delta Hills Health Sys. Agency and
Flener, 285 Ark. 397, 687 S.W.2d 840 (1985).
Freedom of Information Handbook, 20th Edition
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29
EXECUTIVE
SESSIONS:
(31)
When a public body is meeting in executive session to consider
disciplining an employee, all discussion must be related to the legal
purpose for which the session was called. Such discussion may properly
delve into all circumstances surrounding the incident that gave rise to
the question of discipline in the first place without contravening the
FOIA. Once a decision has been made in executive session that discipline
or other action is needed, all further acts of the public body should be
public. Commercial Printing Co. et al. v. Rush, 261 Ark. 468, 549 S.W.2d
790 (1977).
(32)
The purpose of the FOIA is to protect the public’s right to
information, not to specify what action shall be taken in an executive
session on a personnel matter. The FOIA requires that a resolution or
motion actually considered or decided in executive session must be
publicly ratified
by a public vote if it is to be legal. Yandall v. Havana
Bd.
of Educ., 266 Ark. 434, 585 S.W.2d 927 (1979).
What to do if a judge tries to close a courtroom to the
public.
By Katherine Shurlds
Even though courts are not covered by the FOIA, open courts are still
preferred and are usually open. You can still challenge any attempt to
close a courtroom.
•
Stay in contact with the attorneys in the case so you will know when
they plan to file a closure motion. It’s easier to convince a judge not
to close a court session than to convince him to reopen it.
•
If a judge orders you to leave a hearing that has been open to that
point, you should raise your hand, stand and say:
Your Honor, I am [your name], a reporter for the [your media outlet]. I
respectfully request the opportunity to register on the record an objection
to the motion to close this proceeding to the public, including the press.
Our legal counsel has advised us that standards set forth in recent state
and federal court decisions give us the opportunity for a hearing before
the courtroom is closed. Accordingly, I respectfully request such a hearing
and a brief continuance so our counsel can be present to make the
appropriate arguments. I also ask that my objection be made part of the
court record. Thank you.
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•
If the judge does not let you make your statement and orders the
courtroom cleared, leave and write a short note to the judge with
the information above. Ask a court officer to give the note to the
judge. Call your editor immediately.
•
If you learn that a court proceeding is in progress or has already been
held in secret, try to get the following information for your lawyer:
Who sought closure and on what grounds? For instance, to protect
fair trial rights, trade secrets or other confidential information or
privacy? What kind of proceeding? Criminal or civil? Trial, pretrial
or post trial hearing, or appeal? Has the court held a hearing on
closure? If so, what findings did the judge make concerning closure?
Is the proceeding still going on?
Again, call your supervisor immediately. You may decide to ask the
judge for a meeting at which you will ask to be admitted to the hearing
if it is ongoing, or to see a transcript of the proceedings as well as any
documents that were introduced.
•
If the judge decides to keep the hearing closed, you will need
a lawyer to file a motion for your newspaper to intervene for the
limited
purpose
of
asserting
its
First
Amendment
rights. Your
lawyer
might also file a motion seeking a stay of further proceedings in the
case you are covering until the access issue has been decided.
•
If the judge denies the motion to intervene or, after hearing your
argument, keeps the proceeding closed, you may want to appeal.
Call your lawyer.
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31
Questions & Answers
About the Arkansas FOIA
IN
GENERAL:
Q.
Who is subject to the FOIA?
A.
All governmental entities are subject to the FOIA. And a private
entity is subject to the FOIA if it receives public funds and is
intertwined with the activities of government.
Q.
Who may obtain records?
A.
“Any citizen of the State of Arkansas” may inspect , obtain copies
of and photograph public records. “Citizen” includes corporations.
A requester’s purpose or motive in seeking access to particular
records is irrelevant. Nothing in the FOIA restricts the subsequent
use of information obtained under the act.
Q.
What
records
are
subject
to
the
act?
A.
Any record that is “required by law to be kept or [is] otherwise
kept and that constitutes a record of the performance or lack
of performance of official functions” is a public record. Further,
“all records maintained in public offices or by public employees
within the scope of their employment are presumed to be public
records.”The FOIA covers both records created by an agency and
those received from third parties. The physical form of the record
is unimportant, as the FOIA applies to “writings, recorded sounds,
films, tapes, electronic or computer-based information, or data
compilations in any medium.”
Q.
Is every record (such as an email) created on a public computer
a public record?
A.
Not necessarily. It will depend on whether the email reflects the
performance or lack of performance of official functions. Pulaski
Cty. v. Ark. Democrat-Gazette, Inc., 370 Ark. 435, 260 S.W.3d 718
(2007).
Q.
What records are exempt from disclosure?
A.
The FOIA exempts numerous records and pieces of information
from disclosure. See Ark. Code Ann. § 25-19-105(b) (Supp. 2021).
In addition, the FOIA incorporates the confidentiality provisions of
other statutes in the Arkansas Code. If a public record does not fall
squarely within an exemption, it must be disclosed. Exemptions
must be narrowly construed. Unclear or ambiguous exemptions
will be interpreted in a manner favoring disclosure. At the same
time, the court will balance the interests between disclosure and
nondisclosure using a common-sense approach. DF&A v. Pharmacy
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Assoc., 333 Ark. 451, 970 S.W.2d 217 (1998). If a record contains
both exempt and nonexempt information, it must be made
available for public inspection with the exempt material deleted
or redacted.
Q.
How
does
one
request
records?
A.
Direct the request to the “custodian of the records.” It need not
be in writing, though a written request is advisable because it
provides a record if litigation becomes necessary. The request must
be specific enough for the custodian to locate the records with
reasonable effort.
Q.
Does the request have to be made in person?
A.
No. It can be made in person or by telephone, fax, mail, email or
via the internet if the custodian has created an online form for that
purpose.
Q.
When must the agency make the records available?
A.
Generally, records must be made available immediately unless in
active use or storage, in which case they must be made available
within three working days of the request. Requests for personnel
records and employee-evaluation records must be acted upon
within 24 hours of the custodian’s receipt of the request. During
that same period, the custodian must make all practicable
efforts to notify the person making the request and the subject
of the records of the custodian’s decision regarding personnel or
evaluation records. The custodian, requester, or subject of the
records may seek an Attorney General’s opinion on whether the
custodian’s decision regarding personnel or evaluation records is
consistent with the act.
Q.
Is
the
custodian
required
to
furnish
copies
of
public
records?
A.
Yes, for a fee, if the custodian has the necessary duplicating
equipment.
Q.
Is the custodian required to scan paper records into an
electronic medium such as a PDF?
A.
Yes,
if
the
custodian
has
the
scanning
capability.
Q.
Is the custodian required to mail the copies?
A.
Probably yes, although this is not entirely clear under the act.
Op. Att’y Gen. 2008-071.
Q.
What fee may be charged?
A.
Copy charges cannot exceed actual reproduction costs, and the
custodian must provide an itemized breakdown of the charges. The
charges can include actual costs of mailing or faxing or emailing
Freedom of Information Handbook, 20th Edition
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33
the
records.
Q.
Can the custodian require that the fee be paid in advance?
A.
Yes, if the estimated copy fee exceeds $25.00.
Q.
Can the custodian waive the fee?
A.
Yes, if it is determined that the records are requested primarily
for noncommercial purposes and that the waiver is in the public
interest.
Q.
Who may attend public meetings?
A.
Because
meetings “shall
be
public,” any
person
may
attend.
Q.
What is a meeting?
A.
Any meeting, formal or informal, regular or special, of a governing
body including sub-bodies. A quorum of the governing body need
not be present for the meeting to be subject to the FOIA. If two
members meet informally to discuss past or pending business, that
meeting may be subject to the FOIA. This question will turn on the
facts of each case.
Q.
May private citizens request notification of meeting times of
public boards?
A.
Yes, as to regular meetings. Notice of emergency or special
meetings is only provided to news media that have requested
notice
.
Q.
What meetings are exempt from the FOIA?
A.
The FOIA exempts four kinds of meetings from the requirement
that the public be allowed to attend. A closed meeting, called an
“executive session,” may be held “for the purpose of considering
employment, appointment, promotion, demotion, disciplining,
or resignation of any public officer or employee.” In contrast, an
executive session to consider general personnel matters, an across-
the-board pay increase, or the overall performance of employees
as a group is not permissible. An executive session may also be
held by state licensing boards and commissions “for purposes of
preparing examination materials and answers to examination
materials,” and for “administering examinations.” Executive
sessions may be held by certain water systems and other utility
systems to discuss security issues. Executive sessions may also be
held by the General Assembly’s Child Maltreatment Investigations
Oversight Committee under Ark. Code Ann. § 10-3-3201 et seq.
Q.
What is a recommended way to announce an executive session
pursuant to Ark. Code Ann. § 25-19-106(c)(1)?
A.
After approval of a motion to retire into executive session, the
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chairman may announce: “This body has voted to retire into
executive session to consider the [identify the purpose, i.e.,
employment, appointment, promotion, demotion, discipline or
resignation] of an employee. We will reconvene in public session
following this executive session to present and vote on any action
arrived at in private.”
Q.
When the specific purpose of such an executive session is
announced in public, must the individual public officer or
employee be named?
A.
No.
Q.
Who may attend such an executive session?
A.
Only the top administrator in an agency, the employee’s immediate
supervisor, the employee in question, and any person being
interviewed for the top administrative position in the agency
involved. Neither the agency’s attorney nor the employee’s
attorney may attend an executive session.
Q.
When does the action discussed in an executive session
become legal?
A.
When the governing body involved ratifies the action with a public
vote in open session following the executive session. If no public
vote is taken, any decision reached in closed session has no legal
effect.
Q.
How
does
one
challenge
an
agency’s
action?
A.
“Any citizen denied the rights granted to him may appeal
immediately from the denial” to an appropriate circuit court, which
may issue “orders” to enforce the act.
Q.
Are attorney’s fees available?
A.
Yes. The court shall award attorney’s fees and other litigation
expenses to a plaintiff who, after filing suit, has obtained from
the defendant a significant or material portion of the public
information he or she requested, and may to a public entity that
has substantially prevailed in an FOIA case unless the court finds
that the position of the defendant was substantially justified or
that other circumstances make an award unjust. However, no fees
may be awarded against the State. But a plantiff who substantially
prevails against the State may file a claim with the Arkansas State
Claims Commission for fees and expenses. Ark. Code Ann. § 25-19-
107(e)(1) and (e)(2).
Q.
Is the violation of the FOIA a criminal offense?
A.
A person who “negligently violates” the FOIA is guilty of a Class C
misdemeanor. Ark. Code Ann. § 25-19-104.
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ATTORNEY
GENERAL
OPINIONS:
The opinion numbers represent the year and sequence the opinion re-
quest was received, e.g., Op. Att’y Gen. 99-018 was the 18th opinion
request received in 1999. Some opinions may be released in a year later
than their opinion number. See, e.g., Op. Att’y Gen. 2014-118 (issued
on March 10, 2015).
AGENCIES
GENERALLY
I.
MEETINGS
Q.
Does a committee or subcommittee of a governing body have
to meet the requirements of the FOIA?
A.
Generally, yes. Op. Att’y Gen. 98-169 (citing Arkansas Gazette Co. v.
Pickens, 258 Ark. 69, 522 S.W.2d 350 (1975)); see also Ops. Att’y
Gen.
2006-059,
2003-170.
Q.
Does the FOIA’s open meeting requirement apply to an
advisory body that does not include members of the larger
governing body to which it reports?
A.
This is not entirely clear under the FOIA or current case law. Until
clarified, the requirement can be construed to apply only to
“governing bodies,” i.e., those with final decision-making authority
or whose recommendations are routinely rubber-stamped (so-
called “de facto” governing bodies). Op. Att’y Gen. 2014-124.
Q.
Must a governing body hold a public meeting even if its only
purpose is to gather information?
A.
Yes. Op. Att’y Gen. 95-098.
Q.
Are social gatherings of members of governing bodies subject
to the FOIA?
A.
No, as long as any discussion of government business is only
intermittent and incidental to the social function. But any regular
gathering of members of a governing body demands close
scrutiny. Op. Att’y Gen. 95-020.
Q.
Can a governing body meet with its attorney in a closed
meeting to discuss a pending lawsuit?
A.
No.
Ops.
Att’y
Gen.
96-372,
95-360,
87-420;
Laman v. McCord,
245
Ark.
401,
432
S.W.2d
753
(1968).
Q.
Could members of a public board or agency meet informally in
closed session to discuss recommendations by administrative
employees and other board or agency business before the
public meeting?
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A.
No. Op. Att’y Gen. 90-239; Mayor & City Council of El Dorado v. El
Dorado Broad. Co., 260 Ark. 821, 544 S.W.2d 206 (1976).
Q.
Following an executive session, must a public agency
reassemble in public for the purpose of formally voting on
any resolution, ordinance, rule, contract, regulation, or
motion approved a the closed session?
A.
Yes. Ark. Code Ann. § 25-19-106(c)(4); Arkansas State Police Comm.
v.
Davidson,
253
Ark.
1090,
490
S.W.2d
788
(1973);
Op.
Att’y
Gen.
2008-
115.
Q.
After a public meeting is adjourned, can it be reconvened
immediately if a quorum is present for the new meeting?
A.
No, because it is a special meeting and the members would not be
able to give the required two-hours’ notice. Op. Att’y Gen. 95-308.
Q. Would it violate the FOIA if the governing board of a public
entity voted by secret ballot at a public meeting?
A.
It depends on the manner in which the ballots are used. The ballots
must be signed, retained, and made available for public inspection.
Ops.
Att’y
Gen.
97-016,
92-124;
Depoyster v. Cole,
298
Ark.
203,
766
S.W.2d 606 (1989).
Q.
Who may ask for an executive session?
A. Only a member of the governing body. Ops. Att’y Gen. 96-009,
87-478.
Q.
If a matter is discussed at a regular public meeting of a public
agency with no action taken, could the members later vote on
the matter by telephone?
A.
No, unless the public’s right to hear or monitor the telephone
conversation is safeguarded, e.g., by use of speaker phones. Op.
Att’y Gen. 2000-096.
Q.
Are
conference
calls
of
governing
bodies
subject
to
the
FOIA?
A.
Yes. Rehab Hosp. Serv’s Corp. v. Delta Hills Health Sys. Agency, Inc.,
285 Ark. 397, 687 S.W.2d 840 (1985); Op. Att’y Gen. 94-167.
Q.
Can a governing board of a public entity go into executive
session to discuss general salary matters or to set policy and
criteria for filling positions?
A.
No.
Ops.
Att’y
Gen.
2009-077,
93-403.
Q.
Can a governing body meet in executive session to screen and
review employment applications?
A.
Yes, if
the meeting
revolves around a
specific individual
or
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individuals and not policies. Ops. Att’y Gen. 2006-059, 93-403,
91-070.
Q.
Are there any restrictions on media attendance at public
agency meetings?
A.
Members of the media may not attend executive sessions. There
are no general restrictions with respect to open public meetings.
The purpose of the FOIA, however, is to ensure the free and open
transaction of all government business, and the act does not
give license to members of the media or others, to disrupt public
meetings or otherwise usurp the authority that the people have
given to those elected to carry out the duties of government. Op.
Att’y Gen. 2006-152.
Q.
Are citizens entitled to videotape public meetings?
A.
Yes, as long as the videotaping does not disrupt the meeting. Op.
Att’y Gen. 2012-022. Public meetings must be recorded to capture
at least audio and in a way that can be reproduced upon request.
Ark. Code Ann. § 25-19-106(d).
Q.
Is it a violation of the FOIA if some members of the public are
unable to attend a public meeting due to room capacity?
A.
This will depend upon the reasonableness of the access to the
meeting under the particular facts. See Op. Att’y Gen. 2006-152.
Q.
Are the minutes or tape recordings of executive sessions open
for public inspection and copying?
A.
No, although the governing body could vote to make them open.
Ops. Att’y Gen. 2000-251, 91-323.
Q.
Would a meeting between the head of a public entity and
members of his or her staff be subject to the FOIA?
A.
No. Ops. Att’y Gen. 2006-059, 2003-170. See National Park Med.
Ctr., Inc. v. Arkansas Dep’t of Human Serv’s, 322 Ark. 595, 911
S.W.2d 250 (1995).
Q.
Is a public meeting of a governing board/entity subject to live
broadcast by the media attending, and may a private citizen
videotape the meeting?
A.
Yes, subject to reasonable limitations, the meeting may be both
broadcasted by the media and videotaped by private citizens. Op.
Att’y Gen. 2012-022.
Q.
Is a committee meeting open to the public if it is called by a
non-committee member? If so, who must notify the press?
A.
Generally, yes; the meeting is open to the public, assuming that
this is a “governing body.” Ark. Code Ann. § 25-19-106(a); Op. Att’y
Gen. 84-91. In the event of emergency or special meetings, the
person calling the meeting shall notify representatives of the me-
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dia
who
have
requested
notice.
Ark.
Code
Ann.
§
25-19-106(b)(2).
Q.
Is there a “meeting” for purposes of the FOIA where one
member of a governing body emails another member?
A.
The FOIA’s open-meetings provisions apply to email exchanges, but
it is a question of fact whether particular email communications
violate the FOIA. City of Ft. Smith v. Wade, 2019 Ark. 222, 578
S.W.3d 276. A violation may occur through a sequential or circular
series of email communications or under circumstances suggesting
that the governing body was deliberating in secret. Op. Att’y Gen.
2005-166. Nevertheless, the email messages likely would be
would be subject to disclosure as a “public record.”
II.
RECORDS
Q.
Does a public employee have a right to examine his or her own
personnel file?
A.
Yes.
Ark.
Code
Ann.
§
25-19-105(c)(2);
Op.
Att’y
Gen.
2000-058.
Q.
What type of information contained in a personnel file is
exempt from disclosure under the “clearly unwarranted
invasion of personal privacy” exemption?
A.
Examples of exempted information include: home and personal
cell phone numbers, date of birth, religious affiliation, information
about family life, welfare payments, legitimacy of children, marital
status, payroll deductions, social security numbers, credit union
statements and other financial records, insurance coverage, and
medical records. Ark. Code Ann. § 25-19-105(b)(13); Ops. Att’y
Gen. 2006-225 (and opinions cited therein), 93-076, 87-115.
Q.
What information is not exempt?
A.
Salary and compensation in addition to regular paycheck, names,
dates of hire, job title, work history, educational background, job
applications and resumes, training and certification, work email
addresses, terms of a settlement releasing an employee from
his or her contract. Ops. Att’y Gen. 2006-225 (and opinions cited
therein), 93-114, 88-078.
Q.
Are records related to the suspension or termination of a
public employee subject to disclosure?
A.
Yes, if the records constitute “evaluation or job performance
records” and if the test for releasing such records is met. There
must be a final administrative resolution of the suspension or
termination; the records must have formed a basis for the decision;
and there must be a compelling public interest in disclosure. Ark.
Code Ann. § 25-19-105(c)(1); see Op. Att’y Gen. 2005-030.
Q.
What types of records constitute “employee evaluation or job
performance records?”
Freedom of Information Handbook, 20th Edition
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39
A.
Employee-evaluation records are any records that were created by
or at the behest of the employer to evaluate an employee. Typical
examples are written reprimands, letters of caution, documents
supporting a recommendation for suspension or dismissal, letters
related to promotions and demotions. Thomas v. Hall, 2012 Ark.
66, 399 S.W.3d 387. Op. Att’y Gen. 2007-322 (and opinions cited
therein).
Q.
Does a resignation in the face of a disciplinary challenge
equate to a suspension or termination for purposes of the
FOIA?
A.
Generally, no, if the resignation is voluntary. But a coerced resig-
nation might amount to a termination. Ops. Att’y Gen. 2013-144,
2007-322.
Q.
What if a record can be classified as one person’s evaluation
and another employee’s personnel record?
A.
Such a record is considered a “mixed record.” A record falls into this
category when it can be classified as (1) more than one person’s
evaluation record, (2) more than one person’s personnel record,
or (3) at least one person’s evaluation and at least one person’s
personnel record. The custodian must classify the record as it
pertains to each employee named and apply the appropriate
test(s) for disclosure in each instance. Ops. Att’y Gen. 2017-034,
2015-129, 2015-057.
Q.
Are employee leave records, including sick leave records,
subject to inspection and copying under the FOIA?
A.
Generally, yes, with the redaction of any medical records or private
information exempt under the “clearly unwarranted” standard
applicable to personnel records. Op. Att’y Gen. 2007-258.
Q.
If an entity is subject to the FOIA, may that entity legally
withhold information about its employees’ salaries?
A.
No. Ops. Att’y Gen. 2007-070, 2001-223. See also Ark. Code Ann. §
25-19-105(c)(4) (Supp. 2021).
Q.
Under the FOIA, are Social Security numbers of public
employees listed in personnel records confidential?
A.
Yes, because this is an intimate detail the disclosure of which
would constitute a clearly unwarranted invasion of personal
privacy. Ops. Att’y Gen. 2009-170, 2006-035. The Federal Privacy
Act (5 U.S.C. § 552a) must be referenced in the case of other public
records containing Social Security numbers. See Op. Att’y Gen.
2000-203.
Q.
Assume a requested record is in active use or storage, which
gives the custodian three days to disclose records. Is that three
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Freedom of Information Handbook, 20th Edition
business
days
or
three
calendar
days?
A.
Three business days. Ark. Code Ann. § 25-19-105(e); Ops. Att’y
Gen. 2006-093 (discussing the required time period for responding
to an FOIA request), 98-223.
Q.
Is a governmental agency under any statutory obligation to
compile or create a record to satisfy an FOIA request if no such
record currently exists?
A.
No. Ark. Code Ann. § 25-19-105(d)(2)(C). Ops. Att’y Gen. 2003-095,
2004-023.
Q.
Are records of accusations or complaints involving public
employees subject to disclosure?
A.
Generally, yes, if the records were not created in connection
with an agency inquiry or investigation of alleged employee
misconduct. Op. Att’y Gen. 2006-158. However, the custodian
may be required to remove intimate information giving rise to a
privacy interest. Op. Att’y Gen.
2000-058.
Q.
Are files containing the applications of successful as well as
unsuccessful job candidates subject to disclosure under FOIA?
A.
Generally,
yes.
Ops.
Att’y
Gen.
2009-156,
90-248,
87-108.
Q.
Is the public allowed access to arrest records of persons
apprehended and taken into custody?
A.
Generally, yes. Ops. Att’y Gen. 86-020, 87-115. However, access to
Arkansas Crime Information System criminal records is restricted.
Ops. Att’y Gen. 93-106, 91-111. Ark. Code Ann. § 12-12-211.
Q.
Are law enforcement investigation files open to inspection
and copying after an arrest but before trial?
A.
It depends. There is no bright-line rule for determining when an
investigation is closed. Op. Att’y Gen.
2002-303.
Q.
Can a custodian of the records charge a requester a fee for
personnel time spent satisfying a FOIA request?
A.
Generally, no. Op. Att’y Gen.
2009-060. But if the request is
unusually large, Ark. Code Ann. § 25-19-105(d)(3)(A)(i) suggests
that there may be a fee for hiring temporary workers to process
the request. Op. Att’y Gen. 2003-203.
III.
PRIVATE
ENTITIES
Q.
If a private company
receives a
public grant,
does the
public
have a right to examine the application (which may or may
not include personal and/or financial statements)?
A.
Generally, yes. Op. Att’y Gen. 85-100. But see Ark. Code Ann § 25-
19-105(b)(9)(A) (competitive advantage exemption).
Q.
Is the mere receipt of public funds sufficient to bring a private
Freedom of Information Handbook, 20th Edition
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41
corporation
within
the
FOIA?
A.
No. See Op. Att’y Gen. 2007-227 and City of Fayetteville v. Edmark,
304 Ark. 179, 801 S.W.2d 275 (1990).
Q.
Is a private entity subject to the FOIA when it receives
public funds and carries on public business or is otherwise
intertwined with the activities of a public entity?
A.
Yes. See Rehab Hosp. Serv’s Corp. v. Delta Hills Health Sys. Agency,
285 Ark.
397,
687
S.W.2d
840
(1985);
North Cent. Assoc. of Colleges
& Schools v. Troutt Bros., Inc., 261 Ark. 378, 548 S.W.2d 825 (1977);
and Kristen Inv. Properties v. Faulkner Cty. Waterworks, 72 Ark. App.
37, 32 S.W.3d 60 (2000). The inquiry should focus on whether
there is a symbiotic relationship between the private entity and
the state or local government, such as when the private entity
receives public funds for the general support of activities that are
closely aligned with those of government. J. Watkins, R. Peltz-
Steele & R. Steinbuch, The Arkansas Freedom of Information Act §
2.03 (6th ed. 2017). When the activities of a private organization
and the government become intertwined, the private organization
may well render itself part of the government for FOIA purposes.
See Ops. Att’y Gen. 2005-214 (property owners’ association
exercising authority over sewage disposal); 2004-223 (private
non-profit corporation operating a hospital); 2000-039 (private,
nonprofit corporation licensed by the State as a community service
provider); 95-273 (private nonprofit agency on aging providing
services under a federal grant program); 89-082 (nonprofit
organization assisting local law enforcement in emergency
situations).
Q.
Does the FOIA apply to a private entity that is paid from public
funds for services rendered to a government agency?
A.
Yes, in some instances. The question seems to be whether the
private entity is the “functional equivalent” of government
employees. City of Fayetteville v. Edmark, 304 Ark. 179, 801 S.W.2d
275 (1990); Ops. Att’y Gen. 2005-164, 2001-172, 96-185.
Q.
Are all of the records of such a private entity subject to the
FOIA?
A.
Probably not. The FOIA applies to records [and meetings] relevant
to the task performed on behalf of the public agency in that
instance. Edmark; Op. Att’y Gen. 2008-154.
Q.
Although a property owners’ association is normally composed
of private owners, may it still fall within the FOIA if it
receives public funds and it uses those funds to carry out a
governmental function?
A.
Yes. Ops. Att’y Gen 93-092, 85-29.
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Freedom of Information Handbook, 20th Edition
COUNTY GOVERNMENT
The
following
questions
and
answers
pertain
to
matters
peculiar
to
county government.
Q.
Does the County Government Code contain a privacy statute
for county records?
A.
Yes. See Ark. Code Ann. § 14-14-110. See also Op. Att’y Gen. 2001-
373 (discussing the scope of this statute).
Q.
Does the FOIA allow inspection and copying of active
investigative files maintained by a County Sheriff’s
department?
A.
No.
Ops.
Att’y
Gen.
98-127,
90-305.
Q.
Are 911 tape recordings open under the FOIA?
A.
Generally,
yes.
Ops.
Att’y
Gen.
99-409,
94-100.
Q.
Is a meeting of the county Election Commission open under
the FOIA?
A.
Yes. Ark. Code Ann. § 7-4-105(6).
Q.
Are meetings of a county equalization board open under the
FOIA?
A.
Yes. Op. Att’y Gen. 2000-287.
Q.
Are current
tax
assessments
public
records?
A.
Generally, yes. See Op. Att’y Gen. 2004-023.
Q.
May a County Judge, County Sheriff, County Clerk, Circuit
Clerk, and County Assessor meet without violating the open
meetings provision of the FOIA?
A.
Yes, because this group does not comprise a governing body. Op.
Att’y Gen. 87-288.
Q.
Is there a right of public participation with respect to county
quorum court meetings?
A.
Yes. Under Ark. Code Ann. § 14-14-109(b), the quorum court must
allow citizens a “reasonable opportunity to participate prior to a
final decision.” See Op. Att’y Gen. 99-248.
Freedom of Information Handbook, 20th Edition
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43
MUNICIPAL
GOVERNMENT
The
following
questions
and
answers
pertain
to
matters
peculiar
to
municipal government
Q.
Do meetings and deliberations of a municipal planning
and zoning commission fall within the FOIA open meeting
requirement?
A.
Yes. Op. Att’y Gen. 97-067.
Q.
May applicants for appointment to the planning commission
be interviewed in an executive session of the city board?
A.
No, because this is not the “top administrative position” in the city.
Ark. Code Ann. § 25-19-106(c)(2)(A); Op. Att’y Gen. 97-067.
Q.
Can the board and staff of a municipally owned utility system
meet in executive session on matters related to system
security?
A.
Yes.
Ark.
Code
Ann.
§
25-19-106(c)(6);
Op.
Att’y
Gen.
2015-024.
Q.
Does the FOIA
prohibit disclosure
of personal
information of
current and former customers of a municipally owned utility
system?
A.
Yes.
Ark.
Code
Ann.
§
25-19-105(b)(20);
Op.
Att’y
Gen.
2015-056.
Q.
Is a Municipal Civil Service Commission subject to the open
meetings requirements under the FOIA?
A.
Yes. Ops. Att’y Gen. 98-174, 88-058.
Q.
Can a Municipal Civil Service Commission interview applicants
for police officer or firefighter in executive session?
A.
Yes, as to internal applicants, if the job change would be a
promotion; but No as to external applicants. Op. Att’y Gen. 2002-
161.
Q.
Is the
mayor included
in the
governing body
for purposes
of
the FOIA?
A.
Yes. Ops. Att’y Gen. 2003-289, 95-227.
Q.
Can the mayor and city council meet in a closed session with
the city attorney?
A.
No.
Ark.
Code
Ann.
§
25-19-106;
Op.
Att’y
Gen.
95-098.
Q.
May a candidate to fill a vacancy on the city board be
interviewed in executive session?
A.
No. Op. Att’y Gen. 96-269.
Q.
If two city council members meet to discuss matters on which
foreseeable action will be taken, is the FOIA violated?
A.
Possibly.
See
City
Council
of
El
Dorado
v.
El
Dorado
Broad.
Co.,
260
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Freedom of Information Handbook, 20th Edition
Ark. 821, 544 S.W. 2d 206 (1976), Arkansas Gazette Co. v. Pickens,
258
Ark.
69,
522
S.W.
2d
350
(1975)
and
Ops.
Att’y
Gen.
99-018,
91-225. But there is no bright-line rule that two members talking
about city business constitutes a “meeting” under the FOIA. A
violation is most likely to occur when successive meetings of two
members are held prior to action by the governing body, thereby
avoiding public discussion. Op. Att’y Gen. 99-018.
STATE GOVERNMENT
The following questions and answers pertain to matters peculiar to state
government.
Q.
Is a State Board whose rules specify meeting dates, required to
publish those meeting dates prior to each meeting?
A.
No. Op. Att’y Gen. 81-30. But state agencies, boards, and com-
missions are required to make available via the internet certain
information regarding their organizations, including their rules
and regulations. Ark. Code Ann. § 25-19-108.
Q.
Can the Alcoholic Beverage Control Board deliberate in private
concerning the issuance of a license?
A.
No. Ops. Att’y Gen. 97-080 (deliberations of quasi-judicial bodies
must be open to the public), 79-144.
Q.
Can a committee, board, or commission meet in private to
determine action relating to the reprimand of state-licensed
professionals (e.g., physicians, nurses, real estate agents,
etc.)?
A.
No.
Op. Att’y
Gen. 84-91.
Only public
officers or
employees
may be
discussed in private. The mere fact that one is licensed by the state
does not render that person a public officer or employee.
Q.
Is
a
state
agency-contract
a
public
record
under
the
FOIA?
A.
Yes. Ark. Code Ann. § 25-18-501.
Q.
Must the contents of a State Police investigation be disclosed
to the news media after the investigation is closed, is not
continuing, and is not part of a larger investigation?
A.
Yes. Op. Att’y Gen. 90-305.
Freedom of Information Handbook, 20th Edition
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45
PUBLIC SCHOOLS
The following questions and answers pertain to matters peculiar to local
public school districts.
Q.
If a school superintendent’s contract was not renewed at
the end of his or her contract term, are the superintendent’s
evaluation records open under the FOIA?
A.
No, because there has been no suspension or termination. Op. Att’y
Gen. 2001-125.
Q.
Is a school district permitted to release the home addresses of
public school employees?
A.
No. Employees’ contract information published on the district’s
website
cannot
contain
personal
addresses.
See
Ark.
Code
Ann.
§ 6-11-129(a)(1)(A)(viii). Further, such information is exempted
under Ark. Code Ann. § 25-19-105(b)(12) (exemption for
personnel records) and § 25-19-105(b)(13) (personal contact
information). See Op. Att’y Gen. 2003-364.
Q.
Can a superintendent meet with the school board in executive
session to discuss the possible dismissal of an employee?
A.
Yes, if the superintendent’s presence is requested by the school
board.
Ark.
Code
Ann.
§
25-19-106(c)(2).
Op.
Att’y
Gen.
88-082.
Q.
Can a superintendent hold a series of individual discussions
with school board members to poll members and thereby
arrive at a board decision before a public meeting?
A.
No.
Op. Att’y
Gen. 2000-111.
Q.
Must schools release records of disciplinary actions taken
against students?
A.
No, because disclosure would be inconsistent with the Federal
Family Educational Rights and Privacy Act (FERPA). See Ark. Code
Ann. § 25-19-105(b)(2); 34 C.F.R. § 99.37; cf. Ops. Att’y Gen. 2013-
083, 2013-027.
Q.
Are meetings of student government (Student Government
Association) subject to the FOIA?
A.
Yes, if the body is funded by public funds. Ops. Att’y Gen. 96-086,
78-63.
Q.
Are
school
board
retreats
considered
public
meetings?
A.
This will depend upon the particular facts. If the retreat will involve
discussion of official school matters on which foreseeable action
might be taken, then “yes.” Op. Att’y Gen. 2001-146.
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Freedom of Information Handbook, 20th Edition
Q.
Is there a particular notice requirement with respect to school
board meetings?
A.
Yes. Under Ark. Code Ann. § 6-13-619(a)(4), notice of regular
meetings must be published on the district’s website at least
10 days before the meetings, and notice of rescheduled regular
meetings must be published on the web at least 24 hours before
the rescheduled meeting.
Q.
May an executive session be held to discuss student discipline
matters?
A.
Yes, but only if an appeal of the disciplinary action of the student
is pending, and if the parent or guardian of the pupil requests the
closed
session.
Op.
Att’y
Gen.
87-478;
Ark.
Code
Ann.
§
6-18-507.
Q.
Can a school board go into executive session with all principals
and assistant principals present?
A.
No. Op. Att’y Gen. 88-082.
Q.
Can a school board meet in an executive session with its
attorney to discuss pending litigation?
A.
No. Op. Att’y Gen. 95-360.
Q.
May the governing body of a state university go into executive
session for the purpose of setting the policy and criteria to be
utilized in the search for a new president?
A.
No. Op. Att’y Gen. 87-80.
Q.
Are the meetings of a “Chancellor Search Advisory Committee”
subject to the FOIA’s open meetings requirements if no
member of the University Board of Trustees sits on the
Committee?
A.
This will depend upon the role of the Committee and the power
invested in it. See Op. Att’y Gen. 2006-059. If it is purely advisory
with no decision-making power, its meetings may be closed. Id.
See also Op. Att’y Gen. 2003-170. Its records will, nevertheless, be
open. See Ops. Att’y Gen. 2014-124, 2006-059, 2002-092.
Q.
Can a school board meet in executive session to discuss the
blanket hiring of certified personnel?
A.
No. Op. Att’y Gen. 91-070.
Q.
Can a school board meet in executive session to deliberate and
reach its decision whether to terminate a teacher even if the
teacher has requested a public hearing under the Teacher Fair
Dismissal Act?
A.
Yes, because the FOIA governs the deliberations of the school
board. Op. Att’y Gen. 99-100.
Freedom of Information Handbook, 20th Edition
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47
RECORDS:
Exceptions
to
the
Arkansas
FOIA
The Arkansas Freedom of Information Act is not all inclusive. That
is, other state statutes contain provisions that—either expressly
or effectively—allow additional exemptions or exceptions to both
the open-records and open-meetings provisions of the FOIA. A non-
exhaustive list of such statutes include:
Ark. Const., amend. 98, §§ 5 and 10 (Application or renewal and
supporting information and dispensary records of a qualifying
patient under the Arkansas Medical Marijuana Amendment)
Ark. Code Ann. § 5-4-617 (records or information that could be used to
identify people or entities who participate in lawful executions or
lethal injections, or makers or vendors of drugs and other medical
equipment used in lethal injections)
Ark.
Code
Ann.
§
5-55-104
(Records
of
Medicaid
recipients)
Ark. Code Ann. §§ 5-64-1101 to -1113 (Sale records of ephedrine and
other non-prescription drugs)
Ark.
Code
Ann.
§
5-73-325
(Security
plans
of
firearm-sensitive
areas)
Ark. Code Ann. § 6-10-134 (Records notifying a school district of the
adjudication or conviction of a minor)
Ark. Code Ann. § 6-15-503 (Notice information regarding home-
schooled children provided to local school district superintendents)
Ark. Code Ann. §§ 6-15-1304, 6-61-139 (Records or information
regarding security or emergency plans of public schools and
institutions of higher education)
Ark. Code Ann. § 6-15-2909 (Personally identifiable information of
student test-takers under the Arkansas Educational Support and
Accountability Act)
Ark. Code Ann. § 6-17-2804 (Raw Teacher Excellence and Support
System data reported to and collected by the Division of Elementary
and Secondary Education)
Ark. Code Ann. § 9-9-217 (Uniform Adoption Act)
Ark. Code Ann. § 9-9-504 (Voluntary adoption registry)
Ark. Code Ann. §§ 9-27-309, and 9-28-217 (Confidentiality of juvenile
records)
Ark. Code Ann. § 9-28-208 (Court’s report on juvenile committed to
Division of Youth Services)
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Freedom of Information Handbook, 20th Edition
Ark.
Code
Ann.
§
10-3-305
(Certain
records
of
Legislative
Council)
Ark. Code Ann. § 10-4-422 (Working papers of Division of Legislative
Audit)
Ark. Code Ann. § 10-4-429 (State entity reports of IT or other computer
security incidents)
Ark. Code Ann. § 11-10-314 (Certain records of Division of Workforce
Services)
Ark. Code Ann. § 11-10-902 (Information gathered by the state new-
hire registry)
Ark. Code Ann. § 12-6-701 (Records that depict or record the death of a
law enforcement officer)
Ark.
Code
Ann.
§
12-8-108
(Security
and
emergency
information
concerning the Governor’s Mansion and mansion grounds)
Ark. Code Ann. § 12-12-211 (Arkansas Crime Information Center)
Ark. Code Ann. § 12-12-312 (State Crime Laboratory)
Ark. Code Ann. § 12-12-913 (Sex and Child Offender Registration Act
of 1997)
Ark.
Code
Ann.
§
12-14-109
(Certain
information
related
to
State
Capitol Police)
Ark.
Code
Ann.
§
12-27-148
(Division
of
Community
Correction
Emergency Preparedness Manual)
Ark. Code Ann., title 12, ch. 75, note 1 (Homeland Security Information
Act; expires July 1, 2023)
Ark.
Code
Ann.
§
14-2-102
(Military
Service
Discharge
Record,
i.e.,
“DDForm 214s” on file with a county recorder)
Ark.
Code
Ann.
§
14-14-110
(County
privacy
statute)
Ark.
Code
Ann.
§
14-15-304
(Coroner’s
investigation
records)
Ark. Code Ann. § 16-10-404 (Records of Judicial Discipline and Disability
Commission)
Ark. Code Ann. § 16-32-111 (Confidentiality of juror information)
Ark. Code Ann. § 16-46-105 (Records and meetings of hospital medical
staff or medical peer review committees)
Ark. Code Ann. § 16-85-408 (Indictment issued against person not in
confinement)
Ark. Code Ann. §§ 16-90-1401 to - 1419 (The Comprehensive Criminal
Record Sealing Act)
Ark. Code Ann. § 16-93-202 (Presentence reports, pre-parole reports,
and supervision histories of Parole Board)
Freedom of Information Handbook, 20th Edition
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49
MEETINGS:
Ark.
Code
Ann.
§
17-12-508
(Confidential
documents
of
licensed
certified public accountants undergoing peer review)
Ark. Code Ann. § 17-95-104 (Reports of physician misconduct submitted
to State Medical Board)
Ark.
Code
Ann.
§
20-9-304
(Certain
records
of
State
Board
of
Health)
Ark.
Code
Ann.
§
20-14-506
(Personally
identifiable
information
in
program for handicapped children)
Ark.
Code
Ann.
§
20-15-203
(Arkansas
Regional
Cancer
Registry)
Ark. Code Ann. § 20-16-207 (Certain records of Arkansas Reproductive
Health Monitoring System)
Ark. Code Ann. § 20-16-504 (Sexually transmitted disease records of
Dept. of Health’s HIV/STD/Hepatitis C Section)
Ark. Code Ann. §§ 20-18-304, -305 (Birth certificates, death certificates,
other vital records)
Ark. Code Ann. § 20-46-103 (Certain records of State Board of Health,
Arkansas Medical Society used in medical research)
Ark.
Code
Ann.
§
20-46-104
(Certain
records
of
State
Hospital)
Ark.
Code
Ann.
§
23-61-205
(Examination
report
of
Insurance
Commissioner)
Ark. Code Ann. § 23-115-404 (Names of lottery winners of amounts
greater than $500,000).
Ark.
Code
Ann.
§
26-18-303
(Confidential
tax
records)
Ark. Code Ann. § 27-19-510 (Accident report filed by driver)
Ark. Code Ann. §§ 27-50-906, 907 (Abstracts of driver’s record)
Ark. Sup. Ct. Administrative Order No. 19 (Governing access to court
records)
Ark. Code Ann. § 6-17-1509 (School board hearing under Teacher Fair
Dismissal Act)
Ark. Code Ann. § 6-18-507 (School board hearing of appeal by
suspended student)
Ark.
Code
Ann.
§
9-9-217
(Adoption
hearings)
Ark.
Code
Ann.
§
9-27-309
(Judicial
proceedings
involving
juveniles)
Ark. Code Ann. § 14-116-308 (Regional Water Distribution District
board meetings)
Ark.
Code
Ann.
§
16-13-222
(Domestic
relations
cases)
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Freedom of Information Handbook, 20th Edition
Related
Federal
Acts
Below are summaries of three Federal Acts which related to Freedom
of Information. These acts are available online at http://uscode.house.
gov/.
FEDERAL
FREEDOM
OF
INFORMATION
ACT
5 U.S.C. § 552
Under this section, all federal agency records are disclosable to any
member of the public who requests and “reasonably describes” them.
The section creates a liberal disclosure requirement limited only by
specific exemptions which are narrowly constructed. The exemptions
include personnel and medical files and similar files, the disclosure
of which would constitute a clearly unwarranted invasion of personal
privacy. Factors to consider in determining whether a private entity may
be considered an agency for purposes of this section include whether
the entity’s regular operations are subject to substantial federal control
or supervision, whether it has independent legal decision making
authority, whether it has independent authority to perform specific
governmental functions, and to what extent the government has
financial involvement with the entity.
FEDERAL
PRIVACY
ACT
5 U.S.C. § 552A
The Privacy Act protects citizens against improper disclosure of
information about
them
that
may
be
held
by
government
agencies. The
main purpose of the section is to forbid disclosure unless it is required
by section 552 of this title (the federal Freedom of Information Act).
Absent written consent by an individual, any disclosure of information
covered by this section is prohibited, unless narrowly construed
exceptions.
FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
20
U.S.C.
§
1232g
This section prevents disclosure by federally or state-supported
educational programs or institutions of certain information about
students that is deemed confidential. While students and their parents
retain the right to access the student’s educational records, a written
consent to disclosure of records to the public is required of either the
parent or the student himself if the student is 18 years or older. The
subsection known as the Buckley Amendment (20 U.S.C. § 1232g(b)(I))
provides
that
no
funds
shall
be
made
available
under
any
applicable
Freedom of Information Handbook, 20th Edition
|
51
program to any educational agency or institution which has a policy or
practice of releasing, or providing access to, any personally identifiable
information in education records unless furnished in compliance
with a judicial order. There is an exception that allows state and local
educational officials access to records necessary in connection with
audit and evaluation of educational programs.
Reporters
at
the
Scene
Ark.
Code
Ann.
§
5-71-206(b):
Subsection (a) of this statute makes it a crime to fail to disperse during a
riot or unlawful assembly when ordered to do so by a law enforcement
officer. Subsection (b), however, states:
It is a defense to a prosecution under this section that the actor
was a news reporter or other person observing or recording the
events on behalf of the news media not knowingly obstructing
efforts by a law enforcement officer or other person engaged
in enforcing or executing the law to control or abate the riot or
unlawful assembly.
Arkansas
Shield
Law
Ark.
Code
Ann.
§
16-85-510:
Before any editor, reporter, or other writer for any newspaper,
periodical, radio station, television station, or internet news
source, or publisher of any newspaper, periodical, or internet
news source, or manager or owner of any radio station shall be
required to disclose to any grand jury or to any other authority
the source of information used as the basis for any article he
or she may have written, published, or broadcast, it must be
shown that the article was written, published, or broadcast
in bad faith, with malice, and not in the interest of the public
welfare.
52
|
Freedom of Information Handbook, 20th Edition
Subject
Index
Subject
Page(s)
911 tape recordings
...........................................................................
42
Abstracts
of
driver’s
record
..................................................................
49
Access to court records
.......................................................................
49
Accident
reports
..........................................................................
24,
49
Accusations
or
complaints
of
public
employees
........................................
40
Active
use
and
storage,
records
..............................................
14,
32,
39-40
Adoption
................................................................................
8,
47,
49
Administrative
adjudication
decision
....................................................
18
Alcoholic
Beverage
Control
Board
.....................................................
11,
44
Alimony
proceeding
(Ark.
Code
Ann.
§
16-13-222)
...................................
49
Annulment
proceeding
(Ark.
Code
Ann.
§
16-13-222)
...............................
49
Appeal from denial of rights
............................................................
16-
17
Applications for grants
.......................................................................
40
Applications for jobs
.................................................................
36,
38,
40
Archeological
Survey
..........................................................................
8
Ark.
Sup.
Ct.
Administrative
Order
No.
19
(Governing
access
to
court
records)
...................................................
49
Arkansas
Activities
Association
.............................................................
25
Arkansas State Claims Commission
....................................................
17,
34
Arkansas
Crime
Information
Center
...................................................
40,
48
Arkansas
Economic
Development
Commission
(AEDC)
...............................
8
Arkansas
Historic
Preservation
Program
...................................................
8
Arkansas Insurance Commissioner
..........................................................
49
Arkansas
Medical
Society
....................................................................
49
Arkansas
Minimum
Standards
Office
.......................................................
8
Arkansas
Regional
Cancer
Registry
.........................................................
49
Arkansas
Reproductive
Health
Monitoring
System
...................................
49
Arkansas
Shield
Law
..........................................................................
51
Arkansas State Police
......................................................
24,
26,
27,
36,
44
Arkansas
State
Committee
of
the
North
Central
Association
of
Colleges
..................................................................
28
Arkansas Tax
Procedure
Act
..................................................................
14
Arrest
records
........................................................................
10,
24,
40
Attempt by judge to close a courtroom
..............................................
29-
30
Attorneys
as
custodians
of
public
records
........................................................
23
attorney-client
privilege
................................................................. 23
attorney in executive session
.................................................
34,
35,
43
city
attorneys
....................................................................
25,
27,
43
fees
......................................................................................
17,
34
private attorney retained by city
......................................................
25
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|
53
Attorney
General
...................................................
.. 12-13, 32, 35-46, 62
Access
.........................................................................................
4
Exemptions
regarding
....................................................................
8
Opinions
...............................................................................
35-
46
Audit
working
papers
........................................................................
48
Ballots
..................................................................................
12,
25,
36
Bidders’
files
......................................................................................
8
Birth
certificates ............................................................................. 49
Blueprints
...................................................................................
9,
11
Boards,
generally
...............................
6,
9,
10,
11,
12,
14,
15,
18,
22,
27,
28,
33,
35,
36,
37,
42,
43,
44,
45,
46,
48,
49
Alcoholic
Beverage
Control
Board
.................................................
11,
44
City
Boards
............................................................................
27,
43
County
equalization
boards
............................................................
42
County
hospital
boards
...................................................................
28
Parole
boards
..............................................................................
48
Regional
water
distribution
boards
..................................................
49
School
boards
................................................................................
45-46,
49
State
Board
of
Health
.....................................................................
49
State
licensing
boards
.....................................................................
33
State
Medical
Board
......................................................................
49
University
boards
of
trustees
............................................................
46
Broadcast
of
public
meetings
...........................................................
16,
37
Buckley
Amendment
(Federal
Family
Education
Rights
and
Privacy
Act
[FERPA])
..................................................
45,
50
Bureaus
................................................................................
6,
14,
22
Business hours, of custodian
.............................................................
7,
24
Business
records
competitive
bidding
files
..................................................................
8
planning,
expansion,
operations
........................................................
8
Cancer
Registry
.................................................................................
49
Challenging
an
agency’s
action
.............................................................
34
Challenging a meeting about to be closed
...................................
Back
cover
Chancellor
Search
Advisory
Committee
....................................................
46
Circuit
Court
................................................................................
17,
34
Citizen,
rights
conferred
under
FOIA
...
2,
7,
13,
14,
17,
22,
25,
31,
33,
34,
37,
42
City
Attorneys
........................................................................
25,
27,
43
City
Councils
....................................................................
27,
36,
43-44
City-owned
water
systems
.............................................................
25,
33
Civil
Service
Commission,
Municipal
.......................................................
43
Close courtroom, attempt by judge to
...............................................
29-
30
Closed
court
proceedings
.................................................................
29-
30
Closed
meeting
or
proceeding:
Adoption
hearings
.......................................................................
49
Domestic
relations
.......................................................................
49
54
|
Freedom of Information Handbook, 20th Edition
College
(or
university)
search
for
president
...............................................
46
Commingled
information
....................................................................
14
Commissions,
generally
.......................................
6,
8,
9,
11,
12,
14-16,
17,
18,
22,
27,
33,
42,
43,
44,
48
Committees,
subcommittees
......................
16,
27,
28,
33,
35,
37,
44,
46,
48
Competitive
advantage
..................................................................
8,
40
Compiling
record
to
meet
request
.....................................
13,
18,
19,
31,
40
Computer
databases
....................................................................
18,
31
Computer
disks,
magnetic
tapes;
records
...........................
6,
8,
14,
18,
23,
31
Computer hardware and/or software
..................................................
6,
14
Computer
security
operations
.................................................................
8
Computer-based
information
....................................................
6,
13,
23,
31
Concealed carry license, permit
...............................................................
9
Conference
calls
.................................................................................
36
Confidentiality,
confidential
information
.........
11,
18,
30,
31,
39,
47,
48,
49,
50
Contact information of
minors
..............................................................
10
Contempt
of
court
..............................................................................
17
Contracts,
state/public
agencies
............................................
15,
25,
36,
44
Copy
fee
.............................................................................
13-14,
19,
21,
32-33
Copying..................................
7,
12-12,
18,
19,
21,
24-25,
32-33,
37,
39,
40,
42
Corporations
as
citizens
under
FOIA
.......................................................
31
Cost
of
copying...................................................................
13-14,
19,
21,
32-33
Counties
....................................................................
17,
21,
22,
42,
48
County
Assessor
................................................................................
42
County
Clerk
....................................................................................
42
County
election
commission
..................................................................
42
County
equalization
board
...................................................................
42
County
government
..........................................................................
42
County
Government
Code
....................................................................
42
County
Hospital
Board
.........................................................................
28
County
judges
.............................................................................
27,
42
County
officials
.................................................................................
42
County
privacy
statute
....................................................................
42,
48
County
Quorum
Court
meetings
.............................................................
42
County
Sheriff’s
Department
..................................................................
42
Court
decisions,
FOIA
.....................................................................
23-
29
Executive
sessions
.........................................................................
29
Public
meetings
......................................................................
27-
28
Public
records
.........................................................................
23-
26
Court
of
Appeals
judges
........................................................................
8
Court
orders
..................................................................
8,
12,
17,
34,
51
Crime Information System
..............................................................
40,
48
Crime
Laboratory,
State
.......................................................................
48
Criminal
records
...........................................................................
9,
40
Custodian ...................................
5,
7,
9,
11,
12-14,
19,
21,
23,
25,
32-33,
39-40
Freedom of Information Handbook, 20th Edition
|
55
Customer
usage
data
..........................................................................
10
Data
compilations
.....................................................................
6,
18,
31
Death
certificates
............................................................................
49
Declaratory
judgment
.......................................................................
27
Defendant
prevails
(attorney’s
fees)
......................................................
17
Definitions.................................................................................... 5-
7
Deleted
information
.....................................................................
14,
32
Deliberation in
private
..........................................................
38,
43,
44,
46
Denial
of
rights
..............................................................................
16-
17
Department
of
Defense,
U.S.
.................................................................
9
Department
of
Health,
Arkansas
..........................................................
49
Disaster,
media
at
scene
......................................................................
51
Discipline
of
employee
....................................................................
29,
34
Discipline
of
student
...........................................................................
46
Division
of
Legislative
Audit
.................................................................
48
Division
of
Youth
Services
...................................................................
47
Domestic
relations
cases
(Ark.
Code
Ann.
§
16-13-222)
..............................
49
Driver’s
record,
abstract
of
...................................................................
49
Economic
Development
Commission,
Ark.
(AEDC)
.....................................
8
Educational
records
..............................................................
8,
38,
50-51
Election
Commission
...................................................................
12,
42
Electronic
information
.......................
5,
6,
7,
10,
14,
16,
18,
19,
26,
28,
31,
32
Email,
electronic
mail......................................7,
9,
10,
18,
24-25,
28,
31,
32,
38
Emergency
meetings
..........................................................
15,
22,
33,
37
Emergency
response
and
recovery
records
...........................................
9,
12
Employee
evaluations
..............................................................12,
32,
38-39,
45
Employees,
nonelected
.......................................................................
9
Employees’ contract information published on school
district’s
website
..........................................................................
45
Employment
applications
.........................................................
36,
38,
40
Employment
contracts
..................................................................
38,
45
Employment
Security
Division
..............................................................
48
Enforcement
of
rights
.........................................................................
17
Equalization
board,
county
..................................................................
42
Examinations,
boards
and
commissions
..........................................
9,
15,
33
Executive
sessions
......
.. 15-16, 27, 29-30, 33-34,36-37, 43, 45-46, back cover
announcing
......................................................
15,
33-34,
back
cover
criminal
penalties
........................................................................
34
juvenile
proceedings
...................................................................
47
legality of actions
taken
.............................................................
29,
34
media
attendance
.......................................................................
37
notification
of .......................................................................... 33-
34
public
vote
..............................................................
15,
25,
29,
34,
36
restrictions
on
attendees
.........................................................
33-34,
36,
37
restrictions on circumstances
..........................................................
29
56
|
Freedom of Information Handbook, 20th Edition
restrictions
on
topics
discussed
.......
15,
27,
28,
29,
33-34,
36-37,
43,
45,
46
school
board
proceedings
............................................................
45-
46
specifying
purpose
of
......................................................
15,
back
cover
Exemptions
.......................................
.. 7-12, 14, 16-17, 19, 24, 25, 26, 27,
31-32,
33,
38,
39,
40,
45,
47-49,
50
Expunged
records
.............................................................................
48
Facsimile
(fax)
requests
..............................................................
7,
13,
32
Federal
acts
related
to
FOIA
..............................................
24,
39,
45,
50-51
Federal
Family
Education
Rights
and
Privacy
Act
(FERPA)
..................................................................
45,
50
Federal
Freedom
of
Information
Act
.......................................................
50
Federal Privacy Act
........................................................................
39,
50
Fees
charged:
attorney’s
fees
.........................................................................
17,
34
for
copying................................................................................13-14,
32-33
for
hiring
temporary
workers
........................................................... 40
for
personnel
....................................................................
19,
21,
40
for time spent
searching
............................................................
13,
19
Fees, waived or reduced
.............................................................
13,
33
Films
..........................................................................................
6,
31
Fines
for
violating
FOIA
(Class
C
Misdemeanor)
......................................
7,
34
Formal or informal meetings
...........
6, 14-16, 19, 22, 27-28, 29-30, 33, 35-38,
41,
42,
43,
44,
45,
46,
47,
48,
49
Format
(defined)
................................................................................
5
Freedom of Information Act:
Arkansas
(statute)
......................................................................
5-
21
Federal (statute)
(5
U.S.C. §
552)
.......................................................
50
Funds,
public............................................6,
14,
17,
22,
24,
28,
31,
40-41,
45
General
Assembly
...........................................................
8,
18,
22,
30
Governor
...........................................................................
8,
16,
20,
24
Governing
bodies ......................
14,
15,
18,
22,
27,
33,
34,
35-38,
42,
43,
44,
46
Grand
juries
................................................................
6,
8,
14,
22,
28,
51
Handicapped
children
records
...............................................................
49
Health,
Arkansas
Department
of
............................................................
49
Health
planning
corporation
.................................................................
28
Hiring
personnel,
general
policy
............................................................
46
Historic
Preservation
Program
................................................................
8
Home
addresses,
nonelected
public
employees
................................
9,
38,
45
Home
or
business
addresses
of
municipal
utility
customers
....................
10,
43
Home
addresses,
public
school
employees
...........................................
9,
45
Homeland
Security
...........................................................................
48
Emergency
response
and
recovery
records
...........................................
9,
12
Public
water
systems..........................................................6,
7,
9-10,
25,
33,
41
Public
water
systems,
agency
meetings
......................................
6,
15,
33,
41
Risk
and
vulnerability
assessments
.........................................................
6-7,
10
Freedom of Information Handbook, 20th Edition
|
57
Security
plans
and
procedures
..................
.. 6-7,
8,
9,
11-12,
15,
33,
43,
47,
48
Hospital medical staff review committees
...............................................
48
Immediate
supervisor
...................................................................
15,
34
Improvement
districts
covered
.........................................................
6,
10
Income
tax
records
(state)
.....................................................................
7
Indictment
of
person
not
confined
......................................................... 48
Industry
expansion,
location
..................................................................
8
Informal
meetings
.............................................................
22,
27,
33,
35
Inspection of records ...............................7, 12, 14, 24-25, 32, 36, 37, 39, 40, 42
Insurance
Commissioner,
Ark
................................................................
49
Internet,
generally
........................................................
18,
25,
32,
44,
51
Records available via
............................................................
18,
32,
44
Required
information
accessible
via
.........................................
18,
32,
44
Investigations, generally ...........................8, 9, 11, 14, 15-16, 24, 33, 40, 44, 48
Jail
logs
...........................................................................................
24
Job
applications
......................................................................
36,
38,
40
Job
performance
....................................................................
12, 38-39
Judges,
exemption
.............................................................................
8
Judicial
Discipline
Commission
..............................................................
48
Judicial
drafts
....................................................................................
8
Judiciary
.................................................................
8,
13,
17,
44,
48,
49
Juror
information
..............................................................................
48
Juveniles
...................................................................................
47,
49
Law
enforcement
officers
..................................................
8,
21,
24,
48,
51
Legislative Audit working papers
..........................................................
48
Legislative
Council
records
....................................................................
48
Legislative intent of FOIA
.....................................................................
5
License
examinations,
exempt
......................................................
9,
15,
33
License
to
carry
concealed
handgun
.........................................................
9
Licensed
professionals
........................................................................
44
Licensing
boards
..............................................................................
33
Litigation
....................................................................
17,
25,
32,
34,
46
Live
broadcasts
of
public
meeting
...........................................................
37
Mail
.........................................................................
7,
12,
13,
18,
22,
32
Mayor
.............................................................................................
43
Media...............................................................
15,
22,
27,
29-30,
33,
37,
44,
51
Attendance at public meetings .....................................15, 27, 29-30, 33, 37
Executive
sessions
attendance
............................................................
37
Notification
..................................................................
15,
22,
33,
37
Restrictions
................................................................................
37
Medicaid
recipients
...........................................................................
47
Medical marijuana .............................................................................. 11-12, 47
Medical
Peer
Review
Committees
...........................................................
48
Medical
records
........................................................................
8,
38,
39
Meeting, head
of
public
entity
and
staff
................................................. 37
58
|
Freedom of Information Handbook, 20th Edition
Meetings, public (open)
.............................................
see “Public
Meetings”
Memoranda,
unpublished
...................................................................
8
Memoranda,
legal
.............................................................................
25
Military
service
discharge
records
......................................................
9,
48
Minor,
nonviolent
first
offenders
.......................................................... 49
Minutes
..................................................................................
8,
28,
37
Misdemeanor
(Class
C)
....................................................................
7,
34
Mixed
Records
.................................................................................
39
Municipal government.................................. 9-11, 14, 15, 17, 21, 22, 27, 43-44
Parks
and
recreation
departments
......................................................
10
Planning and zoning commission
....................................................
43
City-owned
utilities
................................................................6,
9-10,
15,
43
City-owned water systems......................................................6, 9-10, 15, 43
Civil Service Commission
.................................................................
43
Municipally
owned
utility
systems.........................................6,
9-10,
15,
30,
43
Municipally owned broadband system
................................................
6
Municipally owned cable system
.......................................................
6
Municipally
owned
electricity
system
.................................................
6
Municipally owned water system........................................ 6-7, 9-10, 15, 43
Municipally owned waste
water system
..............................................
6
New
hire
registry
...............................................................................
48
Networks,
computer
.........................................................................
8-
9
News
media
.................................................................
15,
27,
33,
44,
51
Notice
of
school
board
meetings
(website
posting)
....................................
46
Notification
......................................................................
15,
22,
33,
37
Officials,
public
.....................................................................
2,
5,
25,
28
Ongoing law enforcement investigations
............................................
11,
24
Online
notice
of
school
board
meetings
..................................................
46
Ordinances
......................................................................
15,
18,
27,
36
Outside
counsel
................................................................................
25
Parole
boards
..................................................................................
48
Penalty for violating FOIA (Class C Misdemeanor)
........................................
7
Personal
identifiers
.........................................8-9,
10,
11,
38,
39,
43,
45,
47,
49
Personal information not exempt
.....................................................
10,
24
Personal
privacy
...............................
8,
24,
25,
30,
38,
39,
40,
42,
45,
48,
50
Personnel/evaluation
records...................................................12,
32,
38-39,
45
Action
in
executive
session
...............................................
28,
29,
33,
46
Right of employee to examine own
..............................................
12,
38
Social
Security
numbers
.........................................................
11,
38,
39
Personnel
time,
can
charge
fee
for
...............................................
19,
21,
40
Physician
misconduct
reports
................................................................
49
Police
........................................................................... 24-25,
27,
36,
43,
44,
48
Polling members of public entity
......................................................
28,
45
Polls
....................................................................................
17,
25,
42
Presentence
reports
...........................................................................
48
Freedom of Information Handbook, 20th Edition
|
59
Principals
(school)
............................................................................
46
Privacy,
personal
...................................................
See
“Personal Privacy”
Private
attorney
................................................................................
25
Private
citizens,
notification
...................................................................
33
Private citizens, right to videotape meetings
............................................
37
Private organizations and entities ...........................17, 23-24, 28, 31, 40-41, 50
Professionals,
licensed
.......................................................................
44
Public
agencies
.............................................................................
15,
36-37,
41
Public
employees’ Social
Security
numbers
..........................................
38-
39
Public
funds
..................................................6,
14,
17,
22,
24,
28,
31,
40-41,
45
Public grant application
.......................................................................
40
Public
interest
.........................................................
12,
13,
25,
27,
33,
38
Public
meetings
...........................
6, 14-16, 19, 22, 27-28, 29-30, 33, 35-38,
41,
42,
43,
44,
45,
46,
47,
48,
49
Public
officials
......................................................................
2,
5,
25,
28
Public
records..............................................
5,
6,
7-14,
18,
23-26,
31,
32,
39,
42
Access
to
...................................................................
7-14,
18,
23-26,
31,
32
Public
schools
.............................................................................
45-
46
Public water systems...............................................6-7, 9-10, 15, 25, 33, 41, 49
Publicly owned facility
.........................................................................
28
Purpose of executive sessions, announcement
..................
15,
33-34,
back
cover
Questions
and
answers
...................................................................
31-
34
Quorum
..........................................................................
20,
27,
33,
36
Quorum
Court
meetings
.......................................................................
42
“Reasonably
segregable”
commingled
records
..........................................
14
Reconvening
in
public
...............................................................
15,
34,
36
Recorded
sounds
.................................................................
6,
16,
31,
37
Records,
public ............................................
5,
6,
7-14,
18,
23-26,
31,
32,
39,
42
Reinstatement of policeman
.................................................................
27
Reprimand,
of
state
licensed
professionals
...............................................
44
Reproductive Health Monitoring System
................................................
49
Request
records,
how
to
..............................
..7-14,
17,
18,
19,
21,
23,
25-26,
31-33, 37, 39-40, 50
Retreats
.........................................................................................
45
Risk and vulnerability assessments
...................................................
9,
12
Salary
.............................................................................
13,
19,
36,
38
Sale
of
certain
pharmaceutical
products
..................................................
47
School boards, boards of education............................................6, 14, 45-46, 48
Executive
sessions
...................................................................
45-
46
Hearing
.................................................................................
45-
46
Performance
evaluations
.................................................
12,
33,
38-39
Schools,
public
.............................................................................
45-
46
Secret
ballots
...................................................................................
36
Security plans and procedures....................... 6-7, 8, 9, 11-12, 15, 33, 43, 47, 48
Segregable
information
......................................................................
14
60
|
Freedom of Information Handbook, 20th Edition
Sequential
or
circular
emails,
telephoning
...............................................
38
Serial email or telephone discussions
...................................................
38
Settlement
agreement
.................................................................
14,
35
Sexually transmitted disease
..............................................................
49
Sex
and
Child
Offender
Registration
Act
of
1997
........................................
48
Sheriff
............................................................................................
42
Shield
Law,
Arkansas
.........................................................................
51
Shift
sheets
.....................................................................................
24
Site
files
and
records
............................................................................
8
Social
gatherings,
public
officials
...........................................................
35
Social
Security
numbers
.............................................................
11,
38,
39
Special
meetings
...............................................................
15,
22,
33,
37
Special
requests
for
electronic
information
...............................................
19
State
agency
................................................................
14,
18,
23,
25,
44
State
agency
contract
.........................................................................
44
State
Board
of
Health
.........................................................................
49
State Crime
Laboratory
.........................................................................
48
State
government
.............................................................................
44
State
Hospital
.................................................................................
49
State
Medical
Board
...........................................................................
49
State Police Commission
......................................................................
27
State Police Investigation
......................................................................
44
State
policeman,
discharged
.................................................................
27
Statistical
data
..................................................................................
18
Storage
of
records
.................................................................
5,
14,
32,
39
Student
Government
Associations
.........................................................
45
Students.............................................................................
45-46,
47,
49,
50-51
Subcommittees
(Sub-bodies)
...........................................................
33,
35
Superintendent
..........................................................................
45,
47
Supervisor,
immediate
...................................................................
15,
34
Supreme
Court
justices
.........................................................................
8
Surveys for decision-making/fact gathering
............................................ 18
Suspended
student
...........................................................................
49
Tapes
................................................................................
6,
31,
37,
42
Tax
assessments
..............................................................................
42
Taxes
collected
under
Advertising
&
Promotion
Act
...................................
11
Teacher
Fair
Dismissal
Act
...............................................................
46,
49
Telephone
poll
..................................................................................
28
conference
calls
...........................................................................
36
voting
....................................................................................
28,
36
Telephone
numbers,
home
or
mobile
..............................................
9,
10,
18
Telephone
requests
for
public
records
............................................
7,
12,
32
Termination
................................................................
10,
12,
38,
39,
45
Testing
examinations
................................................................
9,
38,
47
Three
(3)
day
period...........................................................
12-13,
14,
32,
39-40
Freedom of Information Handbook, 20th Edition
|
61
Time
and
place
of
meetings
.............................................................
15,
22
Top
administrative
position
........................................................
15,
34,
43
Townships
.................................................................................
14,
22
Undercover
officers
.............................................................................
8
Undisclosed
investigations
.........................................................
8,
11,
24
University
president,
search
for
..............................................................
46
Unofficial group meeting
.....................................................................
27
Utility owned
by city ..............................................................6, 9-10,
15, 30,
43
Videotaping of
public
meetings
.............................................................
37
Vital
records
....................................................................................
49
Violation
of
FOIA
.....................................
7,
25,
27-28,
34,
36,
37,
38,
42,
43-44
Voting in public
........................................................
15,
25,
28,
29,
34,
36
Vulnerability
assessments
.........................................................
6,
9,
12
When
must
agencies
respond?...........................................
12-13,
14,
32,
39-40
Who
can
attend
open
meetings?
...........................................................
33
Working
papers
............................................................................
8,
48
Writings
......................................................................................
6,
31
Written
requests
................................................................
12,
17,
22,
32
Case
Index
Subject
Page(s)
Arkansas
Gazette
Co.
v.
Pickens
...................................................
27,
35,
44
Arkansas Hwy. Transp. Dept. v. Hope Brick Works, Inc
.................................
23
Arkansas
Okla.
Gas
Corp.
v.
MacSteel
Div.
of
Quanex
..................................
27
Arkansas State Police Comm. v. Davidson
...........................................
27,
36
Arkansas State Police v. Wren
................................................................
24
Baxter
Cty.
Newspapers,
Inc.
v.
Medical
Staff
of
Baxter
Gen.
Hosp
.................
28
Bradford
v.
Dir
..............................................................................
24-
25
City
of
Fayetteville
v.
Edmark
...........................................................
25,
41
Commercial
Printing
Co.
v.
Rush
............................................................
29
DF&A v. Pharmacy Assoc
................................................................
31-
32
Depoyster v. Cole
..........................................................................
25,
36
Dept. of Arkansas State Police v. Keech Law Firm
.......................................
24
Fox v. Perroni
......................................................................................
23
Harris
v.
City
of
Fort
Smith
...............................................................
25,
27
Hengel
v.
City
of
Pine
Bluff
....................................................................
24
Kristen Inv. Prop. v. Faulkner Cty. Waterworks
.......................................
25,
41
Laman
v.
McCord
..........................................................................
27,
35
Mayor and City Council of El Dorado v. El Dorado Broad.
Co
...............
27,
36,
43
Martin
v.
Musteen
..............................................................................
24
62
|
Freedom of Information Handbook, 20th Edition
McCambridge
v.
City
of
Little
Rock
........................................................
24
McCutchen
v.
City
of
Fort
Smith
............................................................
27
McMahan
v.
Bd.
of Trustees
of
the
Univ.
of
Arkansas
.................................
23
Nabholz Const.
v. Contractors
for Pub.
Prot. Ass’n
.....................................
23
National
Park
Med.
Ctr.
v.
Arkansas
Dep’t
of
Human
Services
......................
37
North Cent. Assoc. of Colleges and Schools v. Troutt Bros
.......................
28,
41
Pulaski
Cty.
v.
Arkansas
Democrat-Gazette,
Inc
....................................
23,
31
Rehab
Hosp.
Serv’s
Corp.
v.
Delta
Hills
Health Sys. Agency, Inc
.........................................................
28,
36,
41
Scott v. Smith
...................................................................................
23
Stilley
v.
McBride
..............................................................................
25
Swaney v. Tilford
...............................................................................
25
Thomas
v.
Hall
..................................................................................
39
Thomas
v.
United
States
.....................................................................
28
Yandall v. Havana Bd. of Educ
..............................................................
29
Young
v.
Rice
....................................................................................
25
The Arkansas Freedom of
Information
Coalition
Members of the coalition represent virtually every media organization
in the state of Arkansas—both print and broadcast—as well as the
following:
American Civil Liberties Union of Arkansas
Arkansas Broadcasters Association
Arkansas College Press Association
Arkansas Education Association
Arkansas Municipal League
Arkansas Policy Foundation
Arkansas Press Association
Arkansas Press Women
Arkansas Tech University, Russellville
Associated Press
Association of Arkansas Counties
Office
of
the
Governor
of
Arkansas
Office
of
the
Arkansas
Attorney
General
Society
of
Professional
Journalists
—
Arkansas
Pro
Chapter
Society of Professional Journalists University of Arkansas, Fayetteville
University of Arkansas at Little Rock
Freedom of Information Handbook, 20th Edition
|
63
Notes
How to Challenge a
Meeting About to be Closed
Gov. Winthrop Rockefeller signing the Arkansas Freedom of Information Act
into law on February 14, 1967.
Below is a suggested statement for reporters and citizens to use when a
board, commission, or other government entity (including committees
thereof) votes to go into executive session. The reporter or citizen
should rise and state:
“The Arkansas Freedom of Information Act requires that you
state the purpose of the executive session before going into it.
I request that you do so at this time.”
The reason given must be for the specific purpose of considering
“employment, appointment, promotion, demotion, disciplining or
resignation of any public officer or employee.” This may not include
general discussion about making policies related to these. This must be
done in open session.
Anything else violates the Freedom of Information Act, and the reporter
or citizen should call somebody’s attention to this point.
If the body persists, the reporter should notify his or her supervisor
immediately, and the citizen should contact the prosecuting attorney.
