Arkansas FOIA Guide: How to Request Public Records Fast

The Arkansas Freedom of Information Act (FOIA)—codified at Arkansas Code § 25-19-101 et seq.—guarantees public access to government records and meetings. Any Arkansas resident or entity can request records from state and local agencies, with limited exceptions.

This guide explains the law’s scope, how to file a request, common exemptions, and steps to take if your request is denied.

Governing Law

• § 25-19-105: Defines public records as any writing, sound, or video recording created or received by a government entity in the course of public business.
• § 25-19-106: Mandates agencies respond to requests within three business days (excluding weekends and holidays).
• § 25-19-107: Lists 23 exemptions where agencies may withhold records (e.g., medical files, personnel records, ongoing investigations).

Enforcement & Oversight

• Arkansas Attorney General (AG): Issues official opinions interpreting FOIA provisions. The AG’s office also mediates disputes but cannot compel compliance.
• Circuit Courts: Handle FOIA lawsuits where requesters sue agencies for wrongful denials. Courts can order record release and award attorney’s fees to prevailing plaintiffs.

Federal FOIA vs. Arkansas FOIA

• State agencies (e.g., Arkansas Department of Transportation, Arkansas State Police).
• County and municipal governments (e.g., city councils, school districts).
• Public universities (e.g., University of Arkansas, Arkansas State University).

1. Identify the Correct Agency & Record

• Agency: Determine which government body holds the record (e.g., county clerk, police department, state board).
• Record Type: Specify the exact document (e.g., "2023 city council meeting minutes," "police incident report #2024-00123").

2. Submit a Written Request

• Be in writing (email, letter, or fax).
• Include your name and contact information.
• Describe the records with enough detail for the agency to locate them.

Sample Request Language:

"Pursuant to the Arkansas Freedom of Information Act (Ark. Code § 25-19-101 et seq.), I request copies of all emails sent or received by the Mayor’s Office between January 1, 2024, and March 31, 2024, regarding the downtown revitalization project. Please provide electronic copies in PDF format. If fees apply, notify me before processing."

3. Submit the Request

• Email: Send to the agency’s FOIA officer or general contact email (e.g., [email protected] for state agencies).
• Mail: Address to the agency’s physical office (e.g., "City Clerk, 123 Main St., Little Rock, AR 72201").
• In Person: Deliver to the agency’s records office during business hours.

4. Agency Response Timeline

• Initial Response: Agencies must acknowledge receipt within three business days and either:
• Provide the records.
• Deny the request (citing a specific exemption).
• Request a 10-day extension for "unusual circumstances" (e.g., voluminous records).
• Production: If approved, agencies must provide records promptly. Delays beyond 10 days may require a written explanation.

5. Fees & Payment

• Copying Fees:
• Paper copies: $0.25 per page (standard).
• Electronic copies: No charge for records provided via email or download.
• Labor Fees:
• Agencies may charge actual costs for extensive searches (e.g., $15/hour for staff time).
• No fees for the first hour of search time or for requests under 25 pages.
• Payment: Agencies may require advance payment for fees exceeding $25.

6. Inspecting Records In Person

• Right to Inspect: You can view records on-site at the agency’s office during business hours.
• No Fees: Inspection is free, but agencies may charge for copies.
• Supervision: Agencies may require staff to monitor inspections to prevent tampering.

Key Exemptions (Ark. Code § 25-19-107)

1. Personnel Records: Employee performance evaluations, disciplinary files (unless related to a final administrative action).
2. Medical Files: Records containing protected health information (HIPAA applies).
3. Ongoing Investigations: Law enforcement records that could interfere with an active case.
4. Trade Secrets: Proprietary business information submitted to agencies.
5. Attorney-Client Privilege: Communications between government lawyers and agencies.
6. Security Plans: Records detailing building security systems or emergency response plans.

Example: A request for a police department’s internal affairs report may be denied under the personnel records exemption, but the final disciplinary action (e.g., termination letter) must be released.

Common Mistakes & How to Avoid Them

Penalties for Non-Compliance

• Civil Liability: Agencies that wrongfully deny requests may be sued in circuit court. If the requester prevails, the court can:
• Order record release.
• Award attorney’s fees and costs.
• Impose fines up to $1,000 for willful violations.
• Criminal Penalties: Class C misdemeanor for knowingly destroying or concealing records (Ark. Code § 25-19-109).

Can I request records from a private company under Arkansas FOIA?

What happens if my FOIA request is denied?

1. Request a Review: Ask the agency to reconsider in writing, citing case law or AG opinions.
2. File a Complaint: Submit a formal complaint to the Arkansas Attorney General’s Office (AG FOIA Complaint Form).
3. Sue in Court: File a lawsuit in circuit court within one year of the denial. Courts can order record release and award attorney’s fees.

How long does it take to get records under Arkansas FOIA?

• Simple Requests: 3–10 business days.
• Complex Requests: Up to 30 days if the agency invokes an extension for "unusual circumstances."
• Appeals: Court cases may take 3–12 months depending on complexity.

Are there fees for FOIA requests in Arkansas?

• First hour of search time: Free.
• Copies: $0.25 per page (paper) or free (electronic).
• Labor: $15/hour after the first hour (agencies must justify costs in writing).

Can I request emails or text messages from government officials?

• Personal contact information (e.g., private phone numbers).
• Exempt content (e.g., attorney-client communications).

What if the agency says the records don’t exist?

• Request Proof: Ask for a written certification that the records do not exist.
• Check Retention Schedules: Agencies must follow Arkansas State Archives retention policies (e.g., emails must be kept for 3 years).
• File a Complaint: If you suspect records were destroyed improperly, report to the Arkansas State Archives or AG’s office.

FOIA Request Checklist

• ✅Identify the agency holding the records.
• ✅Draft a clear request (include dates, document types, and keywords).
• ✅Submit in writing (email, mail, or in person).
• ✅Track the deadline (agencies must respond in 3 business days).
• ✅Pay fees (if applicable) or request a waiver.
• ✅Inspect records in person if preferred.
• ✅Appeal denials (request review, file a complaint, or sue).

Official Contacts & Resources

Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship. For specific legal guidance, consult an Arkansas-licensed attorney.