Question: Is the custodian’s decision to release the records, including the underlying materials to which the former employee objects on privacy grounds, consistent with the FOIA?
Brief Response: The custodian’s decision is partially consistent with the FOIA. The investigative notes, findings, and other investigative materials in Professional Standards Investigation File PS 16-034 that were generated by or at the behest of the employer qualify as employee-evaluation or job-performance records. Because the four-part test for disclosure has been satisfied, those records may be released. But the communications and images on pages 8–24 should not be released. Those records are best classified as personnel records, and their disclosure would constitute a clearly unwarranted invasion of personal privacy. Moreover, the public interest in disclosure is adequately served by the release of the investigative report, findings, and investigative notes describing the conduct at issue. The remaining personnel records may be released after the additional redactions identified in the opinion are made.
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.
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