Judges: MIKE BEEBE, Attorney General.
Filed Date: 12/8/2006
Status: Precedential
Modified Date: 7/5/2016
Mr. Joseph Mittiga Government/Public Affairs Officer Little Rock School District 810 West Markham Street Little Rock, AR 72201
Dear Mr. Mittiga:
I am writing in response to your request, pursuant to A.C.A. §
RESPONSE
In my opinion, the District's decision is consistent with the provisions of the FOIA.
Under the FOIA, "employee evaluation or job performance records" are disclosable only if the following conditions have been met:
(1) There has been a final administrative resolution of any suspension or termination proceeding;
(2) The records in question formed a basis for the decision to suspend or terminate the employee; and
(3) There is a compelling public interest in the disclosure of the records in question.
A.C.A. §
The requested records in question in this instance are properly classified as "employee evaluation or job performance records" within the meaning of the FOIA. The FOIA does not define the term "employee evaluation" or "job performance" record. Nor has the Arkansas Supreme Court found occasion to do so. My predecessors have opined, however, and I agree, that a notice of suspension or termination that sets forth the reasons for taking the disciplinary action constitutes an "employee evaluation/job performance record." See Op. Att'y Gen.
According to my understanding, there has been no final administrative resolution of any suspension or termination proceeding. Such resolution is a necessary prerequisite to the release of employee evaluation or job performance records. Id. Consistent with previous opinions of this office, therefore, it is my conclusion that the District has properly withheld the requested records from disclosure pursuant to A.C.A. §
Assistant Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.
Sincerely,
MIKE BEEBE Attorney General
MB:EAW/cyh