Opinion Number: 2021-087 Requestor:   Hamrick, Richard

Q1) In response to a Freedom of Information Act (FOIA) request, may the City of Fort Smith release employees' names, job position, and salary?  Q2) If the response to the above questions is affirmative, may the requested information be provided in such a way as to not identify a particular employee's job position and/or salary?  RESPONSE: My statutory duty is to state whether the decision of the custodian of records is consistent with the FOIA.  I am not authorized to address specific questions posed by the custodian, subject, or requester.  Accordingly, I can only respond to your first question, in which you request my opinion as to the custodian's decision.  This request, along with your objections to the release of your employment-related records, is virtually identical to the request I responded to in Op. Att'y Gen. 2021-084, published on October 11, 2021.  As set out in that opinion, this office has long and consistently opined that the release of public employees' names, job positions, and salary are subject to disclosure under the FOIA.  Please refer to Opinion 2021-084 for the substantive analysis.

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