Press Releases

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

Brief Response: In my opinion, the custodian’s decision to release the records as redacted is partially consistent with the FOIA. The records the custodian intends to release are properly classified as personnel records, and the custodian has correctly determined that they are subject to release with redactions. But I have identified several additional pieces of information that must be redacted before the records can be released, as well as information that may be improperly redacted.

Question 1: Pursuant to Amendment 55 to the Arkansas Constitution, can a county judge execute a contractual agreement without the approval of the county quorum court?

Brief Response: Yes. The quorum court determines what goods and services are needed by the county and appropriates county funds for those needs. But the county judge executes the contract after choosing a specific vendor to provide the goods or a person to do the work.

Question 2: Are there any limitations or restrictions, financial or otherwise, to contractual agreements executed solely by the county judge?

Brief Response: Yes. The county judge’s contracting authority has several limitations, which are discussed in the opinion.

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 citizen-complaint form as a personnel record that is subject to release. The custodian has also properly classified the disciplinary records as employee-evaluation records. And because the four-part test for release of employee-evaluation records appears to be met, the custodian’s decision to release those records is also consistent with the FOIA.