Opinion No.
Background
- City of Greenwood FOIA request involves a document from a city council member.
- Attorney General opinion is sought under A.C.A. § 25-19-105(c)(3)(B)(i) to assess consistency with FOIA.
- Opinion limits its review to custodian's decision regarding release of personnel or employee evaluation records identified as responsive.
- Identifying records responsive to a FOIA request is the custodian's task, not the AG's.
- Two threshold FOIA analyses govern release: whether the record is a 'public record' and whether any exemption applies.
- If responsive, the custodian must apply tests for either 'employee evaluation or job performance records' or 'personnel records' to determine disclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can the AG address responsiveness of the document to the FOIA request? | Hamby asks whether the document falls within the FOIA request. | McDaniel notes he reviews only custodian's decision on exemptions for identified records. | No; not authorized to rule on responsiveness. |
| If responsive, does the document fall under FOIA's 'public record' and applicable exemptions? | Hamby believes exemptions may shield the document from disclosure. | McDaniel explains threshold determinations rest with the custodian and exemptions are narrowly construed. | Custodian must decide public-record status and exemptions; AG cannot decide responsiveness but discusses tests. |
| Are the records classified as 'employee evaluation' or 'personnel records' under FOIA? | Hamby seeks classification to determine disclosure rights. | Document likely not an employee-evaluation record; may be a personnel record if it pertains to an individual. | Document probably not employee-evaluation; may be personnel record subject to privacy balancing |
Key Cases Cited
- Young v. Rice, 308 Ark. 593, 826 S.W.2d 252 (1992) (Ark. 1992) (two-step privacy-balancing test for personnel records)
- Pulaski County v. Arkansas Democrat-Gazette, 371 Ark. 217, 264 S.W.3d 465 (2007) (Ark. 2007) (public-records presumption and exemptions framework)
- Pulaski County v. Arkansas Democrat-Gazette, 370 Ark. 435, 260 S.W.3d 718 (2007) (Ark. 2007) (related FOIA exemption analyses and public-record status)