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 must review the facts surrounding the three complaints discussed in the opinion, determine whether they are unsolicited or solicited, and then apply the appropriate test for release. If a complaint is unsolicited, it constitutes a personnel record and may be released under the applicable balancing test. In the case of the “Kear Complaint,” if it is determined to be a personnel record, the custodian must redact any information concerning the nature, treatment, or diagnosis of an employee’s medical condition before releasing the record. Finally, the basis for some of the redactions is unclear, and additional exempt information appears in the records unredacted. The custodian must carefully review all records slated for release—whether documents or video recordings—to ensure that social security numbers and driver’s license numbers are properly redacted before disclosure.
Question: Is the custodian's decision to withhold the termination letter and investigative file consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: Because I have not reviewed the records at issue, I cannot definitively state whether the custodian has correctly classified them as employee-evaluation records. Additionally, I do not have sufficient information to determine whether the employee’s termination has reached administrative finality. However, if the records are employee-evaluation records and the termination is not yet administratively final, then the custodian’s decision to withhold the records is consistent with the FOIA.
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.
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