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Slide Notes

-Sunshine Act.

-AR has one of the strongest FOIAs in the US

-http://arkansasag.gov/media-center/foia/

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Arkansas FOIA

Published on Nov 21, 2015

Arkansas FOIA for rural water associations

PRESENTATION OUTLINE

Arkansas FOIA

adapted for Rural Water
-Sunshine Act.

-AR has one of the strongest FOIAs in the US

-http://arkansasag.gov/media-center/foia/

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FOIA

  • Open Meetings
  • Open Records
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Open Meetings

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Could this be a meeting?

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Notice:  Regular v. Special

Rights of Citizens at Meetings

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Executive Session

Executive Session

Open Records

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What is a public record?

  • anything kept or otherwise kept
  •  in any medium 
  • that is a record of performance or lack of performance
Public record = writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium

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Is this a record?

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Test for Disclosure:

1. Public Record?
2.Exception ?

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Information that must be Redacted

-birth date
-SSN
-medical information
-DL numbers
-insurance coverage
-tax information or withholding
-payroll deductions
-banking information
-unlisted telephone numbers
-home addresses of non-elected public employees
-personal e-mail addresses
-marital status of employees and information about dependents.
•benefits information, such as pension, is also exempt from disclosure
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Exempt Information

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Employee Evaluation Records

Presumed Exempt
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Employee Evaluation Records

Presumed Exempt
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An evaluation record will only be released if

  • Suspension/termination,
  • Final admin. resolution,
  • Requested record formed basis for action, and
  • Public has a compelling interest.
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Personnel Records- very limited

Public Interest v. Privacy Interest
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Is this record exempt?

Practical Tips

  • ask for written request
  • ask requestor to be more specific
  • keep a copy of your response
  • don't have to create a record
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Only Arkansas citizens can use the AFOIA.

If a special meeting is called, a board only has to provide notice
to the media.

A board may go into executive session to discuss its budget.

Every document created on a public computer is a record.

Text messages can be a public record.

Emails on private accounts are never public records.

Requestors must pay the costs of redacting information from records.

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