Question 1: Are the personnel records of active Capitol Police Officers confidential and not subject to disclosure under the Arkansas Freedom of Information Act pursuant to Ark. Code Ann. § 12-14-109?
Brief Response: Yes. In my opinion, A.C.A. § 12-14-109 renders the personnel records of active Capitol Police officers confidential and exempt from disclosure under the FOIA. The statute broadly protects records and information relating to State Capitol Police personnel and expressly includes any personal information about certified State Capitol Police officers. Accordingly, personnel records of active Capitol Police officers fall within the statute’s confidentiality provision.
Question 2: Is payment history of active Capitol Police Officers confidential and not subject to disclosure under the Arkansas Freedom of Information Act pursuant to Ark. Code Ann. § 12-14-109?
Brief Response: Probably yes. Although the salary information of public employees is generally subject to disclosure under the FOIA, A.C.A. § 12-14-109 likely exempts from disclosure the payment history of active Capitol Police officers. The statute protects personal information about certified officers and information relating to the number of Capitol Police officers. Because disclosure of payment-history records could reveal this protected information, such records are likely confidential under A.C.A. § 12-14-109.
Question: Would the proposed detachment of Sherwood School District from Pulaski County Special School District negatively affect the desegregation efforts of any school district in the State?
Brief Response: No, I do not believe the proposed detachment you describe would negatively impact the desegregation efforts of any school district in the State.
Question 1: Are Freedom of Information Act (FOIA) requests made by an out-of-state entity using an Arkansas citizen’s name, address, and limited power of attorney valid under Arkansas law?
Brief Response: A FOIA request made by an out-of-state entity using an Arkansas citizen’s power of attorney (POA) is valid only if the POA instrument grants authority over a subject recognized by the Uniform Power of Attorney Act (UPOAA) and the requested records relate to that authority. A limited POA that merely authorizes the entity to make FOIA requests does not, by itself, create sufficient authority under the UPOAA to submit a request.
Question 2: Does a public school district comply with Arkansas law when it provides the items requested in a FOIA request for pickup at its district offices?
Brief Response: Generally, yes, if the requester has not requested that copies be mailed or asked for the records in another medium or format that the FOIA requires the district to provide. A district may ordinarily make copies available for pickup if the requester has not asked to receive them by mail. If the requester asks to receive copies by mail, the FOIA probably requires the district to mail them. The district must also honor requests for copies in a medium in which the record is readily available or in a format to which it is readily convertible with the district’s existing software.
Question 3: Upon receipt of a FOIA request for any publicly disclosed or published items or material, may a public school district simply refer the requester to its website or other education-related database for the information requested?
Brief Response: A district may refer the requester to its website or another database for publicly available records, but that referral alone satisfies the FOIA only when those online materials comprise all responsive, nonexempt records. If the district maintains additional responsive records, it must provide access to those records if the requester requests them.
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