Question: Is the custodian's decision to release the requested records consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: To the extent the custodian intends to release all of the requested personnel and evaluation records without any redactions, that decision is inconsistent with the FOIA. The custodian must review the responsive records, properly classify them, apply the appropriate tests for disclosure, and make any required redactions before releasing the records.
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.
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