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Attorney General Opinions

2026-042
Mr. Charles Lyford
2026-05-08

Question: Is the custodianโ€™s decision to release the record with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: I am unable to definitively conclude whether the custodianโ€™s decision to release the record is consistent with the FOIA because the proper classification of the record turns on unresolved factual questions. If the student complaint was submitted on the studentโ€™s own initiative and not at the behest of the University, the record is a personnel record subject to release under the applicable balancing test. But if the complaint was submitted in response to a request for the student to provide evaluative feedback on the faculty memberโ€™s performance, it constitutes an employee-evaluation or job-performance record that must be withheld because the four-part test for disclosure has not been met.

https://opinionstorage.blob.core.windows.net/opinions/2026-042.pdf?sv=2024-11-04&spr=https&st=2025-11-10T16%3A56%3A20Z&se=2033-01-02T01%3A11%3A20Z&sr=c&sp=racwdl&sig=f4DaaI85zQD1LrafTHkslBvUPZhTHLXbHbLjhM45yLg%3D
2026-039
Mr. Damon Charles Sanford
2026-04-29

Question: Is the custodianโ€™s decision to classify an audio recording as an employee evaluation and withhold the audio recording from disclosure consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: Without reviewing the recording, I cannot definitively determine whether it constitutes a personnel record, an employee evaluation, or a mixed record. But based on the information you provided, the recording is likely a mixed record, and the custodian should apply the applicable tests for disclosure to each portion of the recording. Further, I cannot determine the lieutenantโ€™s reason for recording the telephone call. If it is the Fayetteville Police Departmentโ€™s policy to record all telephone calls, then the recording was not created to evaluate the officer who was the subject of your complaint, and the recording would not be an employee-evaluation record. Instead, it would be a personnel record subject to release unless its disclosure would constitute a clearly unwarranted invasion of personal privacy. If, however, the lieutenant recorded the telephone call for the purpose of investigating your citizen complaint, then that part of the recording cannot be released unless the four-part test governing the release of evaluation records has been met.

https://opinionstorage.blob.core.windows.net/opinions/2026-039.pdf?sv=2024-11-04&spr=https&st=2025-11-10T16%3A56%3A20Z&se=2033-01-02T01%3A11%3A20Z&sr=c&sp=racwdl&sig=f4DaaI85zQD1LrafTHkslBvUPZhTHLXbHbLjhM45yLg%3D
2026-037
Ms. Thelma Delancey
2026-04-27

Question: Is the custodianโ€™s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?

Brief Response: In my opinion, the custodianโ€™s decision to release the records is mostly consistent with the FOIA. The records are properly classified as personnel records, and most of the redactions comply with the Act. However, two additional redactions are required, and the justification for some of the redactions is unclear. The custodian must identify the bases for these redactions when releasing the records. To the extent that a job reference is employed in the private sector, his or her information is not exempt from release and should not be redacted.

https://opinionstorage.blob.core.windows.net/opinions/2026-037.pdf?sv=2024-11-04&spr=https&st=2025-11-10T16%3A56%3A20Z&se=2033-01-02T01%3A11%3A20Z&sr=c&sp=racwdl&sig=f4DaaI85zQD1LrafTHkslBvUPZhTHLXbHbLjhM45yLg%3D