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2012 Arkansas Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagar0087 and id is 1 raw text is: THE ATTORNEY GENERAL
STATE OF ARKANSAS
MIKE BEEBE
. Opinion 2006-193
October 16, 2006
Mr. Jorge Luis Cirnigliaro
c/o Stacey Witherell, Empl. Srvs. Mgr.
Human Resources Department
500 West Markham, Suite 130 W
Little Rock, Arkansas 72201
Dear Mr. Cirnigliaro:
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 the documents associated with [your] job
application for the City of Little Rock's Environmental Compliance Engineer are
subject to inspection and copying under the Arkansas Freedom of Information Act
(FOIA), codified at A.C.A. §§ 25-19-101-109 (Repl. 2002 and Supp. 2005).
You note that the documents were requested by another applicant for the job. The
written request for your records seeks your application, although the custodian
apparently interprets the request as including application documents. The
custodian of records has concluded that [s]ince you are a City employee . . . this
information is a personnel record and is releasable. My statutory duty under
A.C.A. § 25-19-105(c)(3)(B)(i) is to determine whether the decision of the
custodian is consistent with the provisions of the FOIA.
RESPONSE
I have not been provided with the documents in question, and consequently cannot
evaluate the custodian's decision with regard to particular documents or their
contents. I can state, however, as a general matter, that documents related to
applications for employment are open to public inspection and copying under the
FOIA, with any necessary redactions for information shielded from public
disclosure, such as social security numbers and home addresses.
323 CarrER STRET, SurrE 1100 * LrrrE RocK-, ARKEsAs 72201
TELEPHONE (501) 682-2007 * FAx (501) 682-8084
brrERNr WEBSTE * http://www.ag.state.ar.us/