Could Lutricia Abdullah prevent release of her Little Rock job application under Arkansas FOIA?

Plain-English summary

This is a short companion opinion to AG Op. 2020-021. The City of Little Rock received a FOIA request for "all applications for anyone who applied for a position in our Public Works department from June 2019 to present." Lutricia Abdullah, the subject of a requested record, asked AG Leslie Rutledge to review the custodian's release decision under Ark. Code Ann. § 25-19-105(c)(3)(B)(i).

The custodian had determined that Abdullah's job application was a personnel record subject to release after redacting sensitive personal information (DOB, SSN, and similar items).

Rutledge stated that the custodian's decision to release the record was consistent with FOIA. She enclosed Op. 2020-021, dated April 20, 2020, and referred Abdullah to it for the substantive analysis rather than repeating it here.

The substantive answer for Abdullah is the same as for Woods: release the application with the standard redactions.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why is this opinion so short?
Because the AG referred Abdullah to the enclosed Op. 2020-021 for her substantive analysis. This opinion states her conclusion: release of the redacted application was consistent with FOIA.

Where can I find the full reasoning?
In the enclosed Op. 2020-021. This opinion expressly sends Abdullah there for the explanation rather than restating it.

Was the rationale different because Abdullah was a different person?
The AG did not give a separate analysis for Abdullah. She stated that the custodian's decision was consistent with FOIA and referred her to Op. 2020-021.

Background and statutory framework

Ark. Code Ann. § 25-19-105(c)(3)(B)(i) lets the subject of certain employee-related records ask the AG whether a custodian's release decision is consistent with FOIA. The custodian classified Abdullah's application as a personnel record and decided to release it after redacting sensitive personal information, including date of birth and Social Security number. The AG agreed with that decision and referred Abdullah to Op. 2020-021 for the legal analysis.

Citations

Statutes:

• Ark. Code Ann. § 25-19-105(c)(3)(B)(i) (Supp. 2019) (AG opinion review)

Companion opinion (incorporated by reference):

• AG Op. 2020-021 (April 20, 2020) (Woods, same City of Little Rock FOIA request, same release decision)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

STATE OF ARKANSAS
ATTORNEY GENERAL
LESLIE RUTLEDGE

Opinion No. 2020-022
April 22, 2020

Lutricia Abdullah
c/o Sandy Edgar, FOIA Coordinator
City of Little Rock, Human Resources
500 West Markham, Suite 130W
Little Rock, AR 72201-1428

Dear Ms. Abdullah:

You have requested my opinion regarding the Arkansas Freedom of Information Act ("FOIA"). Your request, which is made as the subject of the requested record, is based on Ark. Code Ann. § 25-19-105(c)(3)(B)(i) (Supp. 2019). This subdivision authorizes the custodian, requester, or the subject of certain employee-related records to seek an opinion from this office stating whether the custodian's decision regarding the release of such records is consistent with the FOIA.

Your correspondence indicates that the City of Little Rock has received a request under the FOIA for copies of "all applications for anyone who applied for a position in our Public Works department from June 2019 to present." The custodian of records has determined that the requested document is a personnel record that is releasable after all sensitive personal information, such as date of birth or Social Security number, has been redacted. You ask whether the records custodian's decision to release the requested record as redacted is consistent with the FOIA.

RESPONSE

My statutory duty is to state whether the custodian's decision is consistent with the FOIA. In my opinion, the custodian's decision to release the requested record is consistent with the FOIA. Please see the enclosed Attorney General Opinion 2020-021, which explains the basis for this conclusion. I will not restate that explanation herein, but instead refer you to the enclosed opinion for the substantive analysis.

Sincerely,

LESLIE RUTLEDGE
Attorney General

Enclosure: AG Op. 2020-021 (April 20, 2020)