State celebrates FOIA

The law gives Arkansans broad access to public records and public meetings, with limited exceptions.

When a governing body meets to conduct the people’s business, the meeting is a public meeting and is subject to the open-meetings provisions of the FOIA.

A public record is defined as any writing, sound recording, video or electronic or computer-based information that reflects the performance or lack of performance of official functions.

All records maintained by public employees within the scope of their employment are presumed to be public records, though several exemptions may shield a record (or certain information in a record) from disclosure.

Government entities generally have up to three working days to provide a record requested under FOIA.

Custodians of records may only charge for the “actual costs” of reproducing public records, plus mailing expenses.

Notice of public meetings must be provided to anyone who has asked to be notified, and two-hour notice of special or emergency meetings must be provided to members of the news media who have requested notice of such meetings.

Governing bodies may only enter into closed meetings, also known as “executive sessions,” for the purpose of considering employment, appointment, promotion, demotion, disciplining or resignation of an individual officer or employee. But following the executive session, the governing body must reconvene in public and formally vote on the matter discussed in the executive session.