Press Releases

Request for review and certification of the popular name and ballot title of a proposed constitutional amendment with the popular name, “An Amendment Concerning Constitutional Amendments, Initiated Acts, and Referendum.”

Brief Response: The popular name and ballot title are substituted and certified.

Question: Is the custodian’s decision to release the requested records consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: The City of Little Rock’s custodian of records has determined that the records should be released with certain redactions. I cannot determine whether the custodian’s decision to redact certain information is consistent with the FOIA because I was not provided with unredacted copies of the documents. As to your specific objections—and for reasons discussed in the opinion—unsolicited commendation letters created by someone other than the employer should be released, while commendation letters created by the employer should be withheld. But because I was not provided unredacted commendation letters, I cannot review the content and determine whether the custodian’s decision to redact such letters is consistent with the FOIA.

Question: Is the custodian’s decision to release the requested records consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: In my opinion, the custodian has correctly classified the personnel records and has properly redacted the employee’s driver’s license number. But the custodian’s decision not to redact the employee’s employee number, date of birth, address, and cell phone number is inconsistent with the FOIA. In addition, the custodian has properly classified the employee-evaluation records. The custodian’s decision to withhold the employee evaluations that did not result in the employee’s suspension or termination is consistent with the FOIA. Similarly, the custodian’s decision to disclose the employee evaluations that did result in suspension or termination is consistent with the FOIA. The four-part test for release of employee-evaluation records appears to be met.