Judges: STEVE CLARK, Attorney General
Filed Date: 6/17/1988
Status: Precedential
Modified Date: 7/5/2016
Mr. Edwin Waddell State Forester Arkansas Forestry Commission P.O. Box 4523 Little Rock, AR 72214
Dear Mr. Waddell:
This is in response to your request for an opinion regarding the Arkansas Freedom of Information Act ("FOIA") which is codified at A.C.A.
It is my opinion that the answer to this question is yes.
In reaching this conclusion, I have considered the applicability of both the state and federal Freedom of Information Acts.
As you know, the Conservation Reserve Program (CRP) is a federally funded program which is administered in part by the various states. Since the CRP is a federally created program, the applicability of the federal Freedom of Information Act, codified at
It must therefore be determined whether the records in question are subject to the state FOIA.
A.C.A.
All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records.
The documents in question clearly fit within the definition of a public record. As such, the records are subject to inspection and copying by members of the public unless specifically exempted from release by the provisions of A.C.A.
You state in your request that the records in question contain information pertaining to individual landowners and their farming operations. You also state that the request for information in this instance comes from the Assessment Coordination Division of the Arkansas Public Service Commission.
In interpreting the competitive advantage exemption, the Arkansas Supreme Court has state[d] that the exclusion is clearly intended to prevent competitors from obtaining information about others seeking the same type of work or furnishing material to the state. Arkansas Highway and Transportation Department v. Hope Brick Works, Inc.,
It may be concluded from the foregoing that the records created and maintained by the Forestry Commission as part of a CRP are subject to the provisions of the Arkansas Freedom of Information Act.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.