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2023 Op. Ark. Att'y Gen. 1 (2023)

handle is hein.sag/sagar0115 and id is 1 raw text is: TIM GRIFFIN ATTORNEY GENERAL OF ARKANSAS Opinion No. 2023-001 January 18, 2023 Lauren Ballard Interim Chief Legal Counsel Department of Transportation and Shared Services 501 Woodlane Street, Suite 203 Little Rock, AR 72201 Dear Ms. Ballard: You have requested my opinion regarding a records custodian's decision under the Arkansas Freedom of Information Act (FOIA). Your request, which is made as the attorney for the custodian, is based on Ark. Code Ann, § 25-19-105(c)(3)(B)(i) (Supp. 2021). 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. You relate that the state Office of Personnel Management (OPM) has received a request under the FOIA for the following information about employees from the offices of the Governor and Lieutenant Governor and all state agencies and commissions from January 1, 2013 to December 31, 2014: full legal name, title, department or agency, race, gender, full-time/part-time status, location, hire date, termination date, gross annual salary, and birth date. You report that OPM intends to release a record with the requested information except the employees' birth dates.' Some employees have asked for my opinion on whether the custodian's decisions are consistent with the FOIA. You also write that OPM has decided to withhold the names of all Arkansas State Police commissioned officers, under Ark. Code Ann. § 25-19-105(b)(10)(A), which exempts from disclosure the identities of law enforcement officers currently working undercover.... You relay that OPM bases its decision on the Court's reasoning in Ark. St. Police v. Racop, 2022 Ark. 17, 638 S.W.3d 1. Because this decision is beyond the scope of an Attorney General's opinion under subdivision 25-19-105(c)(3)(B)(i), I will not address it here. 323 CEN IR STREET, SUiTE 200, L ii .lE ROCK, ARKANSAS 72201 TriEP[LONE: (501) 682-2007 FAX: (501) 682-80841 ARKANSAAG.GOV

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