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2007 Arkansas Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagar0007 and id is 1 raw text is: THE ATTORNEY GENERAL STATE OF ARKANSAS MIKE BEEBE Opinion 2006-225 January 3, 2006 Mr. David Ferguson Interim Director Bureau of Legislative Research State Capitol, Room 315 Little Rock, Arkansas 72201 Dear Mr. Ferguson: I am writing in response to your request, made pursuant to A.C.A. § 25-19- 105(c)(3)(B), for an opinion on whether your decision to deny release of employment records of a former Bureau of Legislative Research employee is consistent with the provisions of the Arkansas Freedom of Information Act (FOIA), codified at A.C.A. §§ 25-19-101-25-19-109 (Repl. 2002 and Supp. 2005). Specifically, you have enclosed a copy of an e-mail request from a newspaper reporter seeking a copy of the former employee's personnel file including any possible severance agreement. You state that you have denied the request for the following three reasons: 1) Under A.C.A. § 25-19-105(b)(12), the documents are excluded from the release under the Freedom of Information Act because these are personnel records, and the disclosure of these personnel records would constitute a clearly unwarranted invasion of personal privacy; 2) Records contain the home address of a nonelected state employee as excluded under A.C.A. § 25-19-105(b)(13); and 3) Records are not employee's evaluation records or job performance records, and there is no compelling public interest in their disclosure as provided under A.C.A. § 25-19- 105(c). 323 CENTER STREET, SurrE 1100 * LrrrLE ROCK, ARKANSAs 72201 TELEPHONE (501) 682-2007 * FAx (501) 682-8084 INTERNET WEBSTE * http://www.ag.state.ar.us/