Registration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
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VietnameseRegistration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
Registration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
Registration is now open for the 2026 Fraud and Consumer Protection Summit. Click here to register.
Question: Is Elevate, a private nonprofit in Hot Springs that provides an after-school program for children, subject to the Arkansas Freedom of Information Act (FOIA) because it receives public funding and, if so, must its governing board hold its meetings in public?
Brief Response: A private nonprofit organization like Elevate is subject to the FOIA only if (1) it receives public funds and (2) its activities are intertwined with those of the government. In my opinion, based on the information submitted with your request, Elevate meets the first element but not the second. Therefore, it is my opinion that Elevate is not subject to the FOIA and not required to hold public meetings under the FOIA.
Question: Is the custodian’s decision to release the requested records with redactions consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: In my opinion, the custodian has correctly classified the records as personnel records that are subject to release. The custodian has also properly redacted the employee’s personal contact information, personnel number, information related to marital status and dependents, date of birth, Social Security number, driver’s license number, insurance coverage, tax information or withholdings, payroll deductions, and net pay. But the custodian has failed to redact some information that could allow someone to determine the employee’s home address. As discussed in the opinion, the employee’s privacy interest in this information outweighs the public interest in disclosure.
Question: Is the custodian’s decision to release the requested records consistent with the Arkansas Freedom of Information Act (FOIA)?
Brief Response: The custodian’s decision to release the job applications of current employees is consistent with the FOIA. But before release of such records, the custodian must redact the City of Lowell employees’ marital status, family information, and personal contact information, including personal phone numbers, email addresses, and home addresses. As for the job applications of unsuccessful candidates or candidates who have been offered but have not accepted, I lack authority under A.C.A. § 25-19-105(c)(3)(B)(i) to review the custodian’s decision because those documents are neither personnel records nor employee-evaluation or job-performance records.
