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006.24.1-115.0.0. ARKANSAS FREEDOM OF INFORMATION ACT (Arkansas Code Annotated § 25-19-101 et s...

AR ADC 006.24.1-115.0.0Arkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 24. Office of Personnel Management
Rule 1. Arkansas Human Resources Management System (Ahrms) Policy Manual (Refs & Annos)
Ark. Admin. Code 006.24.1-115.0.0
006.24.1-115.0.0. ARKANSAS FREEDOM OF INFORMATION ACT (Arkansas Code Annotated § 25-19-101 et seq.)
Currentness
Section 115.1.0
Arkansas Code § 25-19-101 et seq., states that the following records shall not be made open to the public:
A. State income tax records
B. Medical records
C. Scholastic records
D. Adoption records
E. Site files and records maintained by the Arkansas Historic Preservation Program and the Arkansas Archeological Survey
F. Grand jury minutes
G. Unpublished drafts of judicial or quasi-judicial opinions and decisions
H. Undisclosed investigations by law enforcement agencies of suspected criminal activity
I. Unpublished memoranda, working papers and correspondence of the Governor, Legislators, Supreme Court Justices and the Attorney General
J. Files giving advantage to competitors or bidders
K. Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy
Section 115.1.1
Performance evaluation records are open to public inspection only in the instances where:
A. Administrative resolution of any suspension or termination proceeding at which such records form a basis for the decision to suspend or terminate the employee.
B. There is a compelling public interest in their disclosure.
Section 115.1.2
The performance evaluation records of an employee are open to the employee for inspection or to the employee's designated representative.
Section 115.1.3
When the custodian of the records receives a request for inspection of personnel or evaluation records, he/she must, within 24 hours of receipt of the request, use his/her best efforts to notify the person about whom the request has been made. This gives the employee the opportunity to issue an objection.
A. The agency may require that this request be in writing.
B. The custodian can be interpreted as the Agency Director in the decision making process.
C. It is the intent of the law that in “using his/her best efforts” to contact the employee overnight, use of Federal Express or other express mail services is included along with telephone or telegram methods.
Section 115.1.4
An opinion may be sought from the Attorney General's Office as to the validity of releasing the records or not releasing them. This opinion may be requested by the custodian, the employee or the requesting party.
A. The Attorney General has three (3) working days in which to issue the opinion from the time he received the request During this time period, the records will not be disclosed.
B. If the records being requested are in storage, the custodian shall notify the requesting party that this is the case and will be given three (3) working days in which to retrieve the materials.
Section 115.1.5
Attorney fees and other litigation cost may be recovered by the prevailing party should judicial action be taken. This applies to any case involving a Freedom of Information Act decision and is NOT limited to situations involving personnel or evaluation records.
The decision as to the amount of the fee award or if one is justified will be made at the discretion of the ruling court.
The act expressly provides, in light of the sovereign immunity of the State of Arkansas, that no fee award may be made against the State or any of its agencies or departments. Any other defendant -including public entities other than the State, private bodies subject to the Freedom of Information Act and individual public employees - would be subject to possible fee awards.
This legislation provides a criminal penalty if a person “acts negligently” in the execution of his duties as custodian of records. It should be noted that, despite the provision, a defendant in a criminal Freedom of Information case can utilize Arkansas Code § 5-2-206 (c)(3) of the States Annotated Code as a defense if he/she reasonably relied on an Attorney General's opinion.
A sentence of “appropriate public service and/or education” may be imposed for criminal violation of the Freedom of Information Act in lieu of the current fine of $200 or 30 days in jail, or both, or a sentence of appropriate public service and/or education.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.24.1-115.0.0, AR ADC 006.24.1-115.0.0
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