Arkansas Freedom of Information Act
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The Arkansas Freedom of Information Act was established in 1967 in Arkansas. It is a series of laws designed to guarantee that the public has access to public records of governmental bodies. The legislative intent of the Freedom of Information Act reads as follows: "It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy. Toward this end, this chapter is adopted, making it possible for them or their representatives to learn and to report fully the activities of their public officials."[1]
The Arkansas Open Meetings Law legislates the methods by which public meetings are conducted.
Statues 25-19-101 through 25-19-109 define these transparency laws.
[edit] Recent news
[edit] Transparency blocking
- University of Arkansas for Medical Sciences to keep exec hunt private
- Greenwood Wants FOIA Suit Dropped
- Special prosecutor won't proceed with suit against ES aldermen
More transparency blocking news from across the country.
[edit] Litigation
- Court papers get second look as personal-data privacy rule kicks in
- Keeping secrets : Judges sometimes hide all aspects of civil lawsuits
- Judges Reverse Sealed Records Policy
More FOIA litigation news from across the country.
[edit] Legislation
- Ark. lawmaker proposes database of state spending
- Attorney general objects to plan changing FOI law
- Tontitown Mayor Issues Four More Vetoes
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Arkansas #8 in the nation with an overall percentage of 58.40%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Arkansas 72 points out of a possible 100, a letter grade of "C", and a ranking of 7 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Arkansas's law as the 4th best in the country, giving it a letter grade of "B-".[3]
[edit] Features of the law
[edit] What records are covered?
Arkansas defines public records as "writings, recorded sounds, films, tapes,electronic or computer-based information, or data compilations in anymedium required by law to be kept or otherwise kept and that constitute arecord of the performance or lack of performance of official functions thatare or should be carried out by a public official or employee, agovernmental agency, or any other agency wholly or partially supported by public funds or expending public funds."[4] Exemptions to open records include:
- state tax records
- medical/adoption/education records
- archeological and historical information
- grand jury minutes
- unpublished drafts of judicial opinions
- undisclosed police investigations
- "unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices,Court of Appeals Judges, and the Attorney General"[4]
- information that would create unfair competition
- identities of undercover law enforcement
- computer security information
- "Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy"[4]
- home addresses of nonelected employees
- license examinations
- military service discharge
- Records relevant to the security of public infrastructure
It is importnat to note that according to Arkansas statute, "No request to inspect, copy, or obtain copies of public records shallbe denied on the ground that information exempt from disclosure iscommingled with nonexempt information"[4]
[edit] What agencies are covered?
The public records of all government agencies and an agencies supported by public funds are open to inspection.
[edit] Who may request records?
Any citizen of the state of Arkansas may request records during normal business hours. Exceptions include individuals on trial and convicted felons who request information concerning the Department of Corrections [4].
[edit] Must a purpose be stated?
The Arkansas law does not require a statement of purpose for FOIA requests.
[edit] How can records be used?
The Arkansas law does not place limitations on the use of FOIA requests.
[edit] Time allowed for response
- See also: Request response times by state.
The department from whom the records are requested has 24 hours to determine eligibility[4]. If the records are unavailable, the department has three business days to assemble them.
[edit] Fees for records
Fees for FOIA requests in Arkansas can include any costs associated with publication and reproduction but cannot include fees associated with the payment of personal. The department may require the fee to be prepaid if the cost is over $25. Fees can be waived on an individual basis if the records are requested for the public interest and not for commercial purposes.
[edit] Open meetings
Public meetings are defined as: "all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds, shall be public meetings."[5]
[edit] Proposed changes
- Main article: Proposed reforms in state sunshine laws, 2009
House Bill 1049 [6] is one of several bills proposed by Rep. Dan Greenberg that are designed to strengthen the Arkansas Freedom of Information Act. It provides for review of a FOIA denial by the Attorney Generals' Office.[6] It was referred to the State Agencies and Governmental Affairs Committee in the House in January of 2009 where it remains as of April 2009.[6]
- House Bill 1050 [7] requires new laws that create exemptions to FOIA must identify with specificity which records or meetings the law exempts. Rep. Greenberg said, “This is kind of a blinking red light, so that from now on when somebody tries to narrow the FOI, at least we’ll know”. [8] After failing to pass the House initially, Rep. Greenberg credits the further explanation he gave House members on the bill's passage on January 27, 2009. [9]
The Senate State Agencies and Governmental Affairs Committee endorsed HB 1050, and proceeded to the Senate for a vote. [10] HB 1050 passed the Senate 33-2, and is now waiting for approval by Gov. Mike Beebe, whose office has stated that he plans to sign it into law. [11]
- House Bill 1051 [12], would allow access to criminal records for certain individuals. It was defeated 56-33, and a request by the sponsor to return the bill to committee was refused. [13]
- House Bill 1052,[14] would prohibit retaliation against government employees that file FOIA requests. [8] It was passed in the House and Senate and is awaiting the Governor's approval.[14]
- House Bill 1053 [15], known as "The Open Checkbooks in Government Act", would create an online database of state expenditures. It was referred to the State Agencies and Governmental Affairs Committee in the House.[15]
- House Bill 1091 [16] seeks to broaden the reasons for which a school board may go into executive session. It was passed in the House and Senate and is awaiting the Governor's approval.[16]
- House Bill 1326 [17] [18], sponsored by Rep. Lindsley Smith (D-Fayetteville), is a revised version of a bill that failed to pass in 2007. HB 1326 would allow FOIA plaintiffs that file claims with the Arkansas State Claims Commission to recover attorney fees in successful cases.[19] HB1326 has been approved by a House committee and now heads to the House as a whole. [20] It was passed in the House and Senate and is with the Governor for his approval.[17]
- House Bill 1623 [21] seeks to prevent the disclosure of information regarding concealed weapon carry licenses. It passed the House Judiciary Committee and moved to the House, where 54 members signed on as co-sponsors. [22] HB1623 has passed the House 98-1. [23] It passed the Senate 34-0 and returned to the House for concurrence on an amendment. [24] It has since been sent to the Governor for approval.[21]
- House Bill 2091 [25] seeks to establish transparency in the bidding process for publicly funded buildings, infrastructure and facilities. It was introduced in March of 2009.[25]
- Senate Bill 55 [26] seeks to increase transparency related to the salary of administrators in state funded higher education institutions. It was pass in both houses and is awaiting the Governor's approval.[26]
- Senate Bill 251 [27] would prohibit the release of information about motor vehicle accidents for commercial purposes until 90 days after the accident. The Arkansas Sheriffs Association and the Association of Arkansas Counties oppose the measure, saying that it "attacks a part of the foundation" of the Arkansas Freedom of Information Act. [28]
- Senate Bill 943 [29] seeks to improve parents' access to public school data on achievement gaps and on public school plans to close achievement gaps. The bill was passed in the House and Senate and awaits the Governor's signature.[29]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Arkansas. For more information go the the page or go to Arkansas sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Collins v. State of Arkansas | 1940 |
| Ragland v. Yeargan | 1986 |
| Republican Party of Arkansas v. State ex rel. Hall | 1966 |
[edit] Notable requests
[edit] See also
[edit] External links
[edit] References
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