National Sunshine Week

National Sunshine Week is celebrated in March, so it’s a good time to remind Arkansans of their rights under the state’s Freedom of Information Act (FOIA) -- an act considered one of the strongest “sunshine” laws in the country. Attorney General Dustin McDaniel wants Arkansans to know about their right to access government records and meetings.

“In 1967, our state legislature passed one of the most comprehensive Freedom of Information Acts in the country. Because of it, our citizens have timely access to information at all levels of government in our state,” McDaniel said. 

The Freedom of Information Act gives the public access to public records and to public meetings. All public entities and even certain private entities are covered under the FOIA.

A public record is defined as any writing, sound, video, or electronic information that is kept and that reflects the performance or lack of performance of official functions. All records maintained in public offices or by public employees within the scope of their employment are presumed to be public records, though sometimes that presumption can be overturned.

If the document’s content does not reflect “performance or lack of performance of official functions,” the document is not covered by the FOIA because it is not a public record. The FOIA contains several exemptions that may shield a particular public record from disclosure.

For example, a public record that qualifies as a “personnel record” is exempt from disclosure if its disclosure constitutes a clearly unwarranted invasion of personal privacy. Likewise, a public record that pertains to an ongoing criminal investigation also may be considered exempt.

Arkansans may obtain access to public records through a FOIA request to the custodian of those records.  The requests may be made in person or by phone but generally are made in writing. As most documents fall into the legally defined categories of “active use” or “storage,” government bodies most
often have up to three days to provide records.

Custodians may charge for only the “actual costs” of reproducing the public records, including mailing expenses.

Just as Arkansans have the right to see public records, they also have the right to attend most meetings of public bodies.

Notice of regular public meetings must be provided to anyone who has asked to be notified. Notice of special meetings must be provided to members of the news media who have requested notice of such meetings.

Exceptions to the open meeting provisions of FOIA are meetings held to consider the employment, appointment, promotion, demotion, disciplining or resignation of an individual officer or employee. These meetings can be held as closed or “executive” sessions.

The 2012 Arkansas Freedom of Information Act Handbook was recently published and is available by contacting our office.

For more information about your rights under Arkansas’s Freedom of Information Act, please contact Aaron Sadler at the Office of Attorney General Dustin McDaniel at (501) 682-0517 or visit www.ArkansasAG.gov (go to the Opinions Division, FOIA link).