Question: Is the custodian's decision to release the requested records consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: In my opinion, the emails and text messages are properly classified as personnel records, and the custodian’s decision to release them is consistent with the FOIA. To the extent there is a question about whether the custodian properly provided notice regarding a prior FOIA request, that issue falls outside the scope of my review under A.C.A. § 25-19-105(c)(3)(B).
Question: Is the custodian’s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: Although I do not know how the custodian has classified the responsive records, it is my opinion that the custodian’s decision to release the records as redacted is likely consistent with the FOIA. Most of the records at issue are personnel records, and the custodian has correctly determined that they must be disclosed with certain information redacted. Only one document, the Personnel Investigation Report and Finding, qualifies as an employee-evaluation record. It is my understanding that your termination is administratively final. If so, this report must also be released because the criteria for disclosing employee-evaluation records would be met.
Request for review and certification of a proposed initiated act with the popular name, “Medical Marijuana Patient Employment Protection Act.”
Brief Response: Having reviewed the text of your proposed initiated act, as well as your proposed popular name, I have concluded that I must reject your proposal. Your submission does not include a “ballot title,” which is a sufficient reason to reject your proposal. There are also ambiguities in the text of your proposed initiated act that prevent me from (1) ensuring that any ballot title would not be misleading or (2) substituting a more appropriate ballot title.
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