System Management Office Management Freedom of Information Policy Number: C.E.S.P. 3-36 Date Revised: 9-26-2003 Supersedes: 4-23-2001

Summary: Establishes policy for compliance with the Arkansas Freedom of Information Act

Background

Under the Arkansas Freedom of Information Act (F.O.I.A.), all public records are open to inspection and copying by any citizen of the state of Arkansas during the regular business hours of the custodian of the records. A "public record" is defined as any writing, recorded sound, film, tape, or data compilation in any form and includes all records maintained in a public office or by public employees as part of their duties. The (F.O.I.A.) does not require the creation or compilation of a record that does not already exist.

Exemptions

Several categories of records are exempt from the provisions of this act, but the only ones which might be in our possession are medical records, scholastic records, and personnel records. Personnel records are exempt only to the extent that disclosure would constitute a clearly unwarranted invasion pf personal privacy.

Opinions of the Arkansas Attorney General and cases under the Federal Privacy Act hold that release of the following information from personnel files may be deemed to be an unwarranted invasion of personal privacy:

• Social security number

• Marital status

• Name and date of birth of spouse

• Names and dates of birth of children

• Medical records

• Beneficiary designations

• Military records

• College transcripts (protected by Buckley Amendment and exempt from F.O.I. as scholastic records)

Employee performance evaluation records fall into a special category of personnel records and are open to public inspection only if:

• There has been a final administrative resolution of any suspension or termination proceedings at which such records form a basis for the decision to suspend or terminate the employee, AND

• There is a "compelling public interest" in disclosure.

Response Time and Charges

Records must be made available immediately unless in active use or storage, in which case they must be made available within three working days.  Requests for personnel records and employee evaluation records must be acted upon within 24 hours of the custodian's receipt of the request.  Extension may charge the requestor the actual reproduction cost of $.03 per page and the actual cost of mailing, faxing, or e-mailing the records.

Mailing Lists

Extension mailing lists are subject to the Arkansas Freedom of Information Act.  However, Extension may not provide lists received from another agency (e.g., the Department of Health list used for Cradle Crier mailings.)  Any such requests should be referred to the appropriate originating agency.

Handling Requests

The Human Resource Office is the official custodian of Extension records.  Refer all requests under the Freedom of Information Act to the Human Resources Office.