Question: Is the custodian’s decision to release the requested record with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: In my opinion, the custodian has correctly classified the disciplinary action form as an employee-evaluation record. And because the four-part test for release of employee-evaluation records appears to be met, the custodian’s decision to release the record is also consistent with the FOIA.
Question: Is the custodian’s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: The custodian’s decision to release the records as redacted is partially consistent with the FOIA. To the extent that certain records contain public employee personnel numbers, those numbers must be redacted. Commendation, promotion, and suspension letters issued by the employee’s supervisor should be withheld as “employee-evaluation and job-performance records.” Whether the custodian’s maintenance of records within a “personnel file” complies with an internal workplace records-retention policy is outside the scope of my review under A.C.A. § 25-19-105(c). The custodian must determine whether such records are “public records.” If so, they are subject to release unless there is an applicable exemption—which includes the “personnel records” exemption and the “employee-evaluation and job-performance records” exemption discussed in the opinion.
Question: Is the custodian’s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: The custodian’s decision is partially consistent with the FOIA. The custodian may properly release the unsolicited letters of commendation and appreciation from third parties and the administrative records, subject to redactions. But the custodian should withhold from release the employee performance evaluations, the final investigation letter, the commendation letters made by or at the behest of the employer, the promotion letters, and the December 7, 2007 demotion letter. These records are properly classified as employee-evaluation or job-performance records, and the test for their release appears not to have been met. If, however, the custodian determines that the test for release has been met for any of these records, then they should be disclosed. Finally, the manner—as opposed to the substance—of the redactions is inconsistent with the FOIA.
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