Wed November 30, 2022

By April Lovette

Rutledge Summary of Opinions

Opinion: 2022-040                 Requested by: Anderson, Doris Ms.

Is the custodian's decision to release certain employment-related records, in response to a Freedom of Information Act (FOIA) consistent with the FOIA, Ark. Code Ann. sec. 25-19-101 et seq.? RESPONSE: Because I have not seen any records that would be responsive to the FOIA request, I cannot opine about the releasability of any specific document or the need to redact any specific piece of information from an otherwise disclosable document. However, it is my opinion that your specific objection about the age of the records at issue is not a legally cognizable exemption to prevent the records' disclosure under the FOIA. Moreover, it has been the general stance of this office that there is no clear basis under the test regarding personnel records to require the redaction of images of public employees' signatures. Under the limited facts before me, I can see no reason to deviate from that general rule in this instance.

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