Exemptions to Disclosure

• 25-19-105(b)(5) exempts:
  • Unpublished drafts of judicial or quasi-judicial opinions and decisions;25-19-105(b)(16) and (18) exempts:
  • Records containing any information relating to security and or vulnerability of any public water system
  • Site files and records maintained by the Arkansas Historic Preservation Program of the Department of Arkansas Heritage and the Arkansas Archeological Survey
    • *exemption not applicable to any records of expenditures or grants made or administered by the commission and otherwise disclosable under the provisions of this chapter
  • Methods of identification used to prohibit or protect access to a computer network
    • i.e. passwords, personal id numbers,
  • personal records

  Access Rights

  • Any citizen
  • Regular business hours
  • Custodian is the one who locates the records
  • Fee that is more than $25 may be required to be paid in advance; fee can’t exceed actual costs of production, mailing, etc.
  • Commingling of exempt with non-exempt info in the record will not exempt the record from disclosure (redact the exempt and indicate how much of the record has been deleted)
  • In-camera review for records the public nature of which is disputed
  • Copies may be furnished free or at a reduced cost if custodian determines that they were requested primarily for noncommercial purposes

  Destruction of Public Records

  • E-mail messages, like paper records, must be retained and destroyed according to established records retention procedures as set forth by Arkansas and federal law.
  • Retention schedule can be found here: http://www.dfa.arkansas.gov/offices/intergovernmentalServices/Documents/rec_retention_schedule.pdf