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2020 Op. Ark. Att'y Gen. 1 (2020)

handle is hein.sag/sagar0112 and id is 1 raw text is: STATE OF ARKANSAS ATTORNEY GENERAL LESLIE RUTLEDGE Opinion No. 2020-001 January 7, 2020 Grant Ragland, Esq. Harrison City Attorney 324 W. Ridge Avenue Harrison, AR 72601 Dear Mr. Ragland: You have requested my opinion regarding the Arkansas Freedom of Information Act (FOIA). Your request, which is made as the attorney for the custodian of records, is based on Ark. Code Ann. § 25-19-105(c)(3)(B)(i) (Supp. 2017). This subdivision authorizes the custodian, requester, or the subject of certain employee- related records to seek an opinion from this office stating whether the custodian's decision regarding the release of such records is consistent with the FOIA. Your correspondence indicates that the Harrison Police Department has received a request under the FOIA for records regarding a citizen's complaint. You have attached several documents that you have identified as responsive to the request and that the custodian, on your advice, intends to release. However, you have also advised the custodian that letters from the Chief of Police to the subjects of the citizen's complaint are not disclosable as being subject to an allowable exception under the FOIA. You do not specify the exception. One of the subjects of the complaint objects to the disclosure of the records, though you have not relayed any specific objection in this regard. You ask whether the custodian's decision to release the records, while withholding letters written by the Chief of Police, is consistent with the FOIA. RESPONSE In my opinion, the custodian's decision may only be partly consistent with the FOIA. The custodian's decision to release the records that have been identified for release appears to be consistent with the FOIA. But I must question the 323 CENTER STREET, Suin 200 , iiiTLE ROCK, ARKANSAS 72201 TE LEPHONE (501) 682-2007 - FAX (501) 682,8084 ARKANSASAG GOV

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