Can a police officer block disclosure of his disciplinary records under FOIA because he believes the requester will use them in an unrelated proceeding?
Plain-English summary
Conway Police Department Officer Cebron Hackett was the subject of a FOIA request for his disciplinary records. The custodian determined the records were employee-evaluation records that must be disclosed because they formed the basis for a disciplinary suspension that had become administratively final. Hackett did not dispute the classification or the four-element test outcome. He objected because he believed the requester planned to use the records in a separate, unrelated proceeding.
The AG's answer was short: the requester's intent and motives are generally irrelevant under Arkansas FOIA. A subject's belief about what the requester will do with the records is not a basis for the custodian to withhold them.
This is a short opinion that confirms a well-established principle. It is part of a constellation of opinions on the question, including Op. 2023-051, 2014-094, 2011-095, and 2006-118.
What this means for you
FOIA requesters
You do not need to justify why you want public records, and the custodian cannot deny access based on what someone (including the records subject) thinks you will do with them. If a custodian denies your request because the subject objected, this opinion is your direct citation that such an objection is not a legal basis to withhold.
Records custodians
A subject's objection is not itself grounds to withhold. Apply the standard FOIA tests (personnel records balancing for personnel records; the four-element test for evaluation records). If the records meet the disclosure tests, release them regardless of the subject's preferences about who is asking or why.
Police officers and other public employees
Your records may be requested by people you do not know and for purposes you may not approve of. Under Arkansas FOIA, that is not your decision. The records are public if they meet the disclosure tests, which depend on classification and (for evaluation records) the four-element conjunctive test.
News media
When a public employee or their counsel objects to release based on speculation about your motives, this opinion is direct authority that the objection cannot block disclosure.
Civil rights attorneys
Useful when defending FOIA requests that public agencies want to dismiss as harassment, fishing expeditions, or politically motivated. Under FOIA doctrine, those characterizations are not legal grounds for withholding.
Common questions
Why doesn't a subject's objection matter?
Because Arkansas FOIA is structured around whether the public has a right to the record, not around what the subject prefers. The objection might be relevant in some narrow contexts (for instance, as one input to the personnel-records balancing test), but it is not a categorical bar.
Are there any situations where the requester's identity matters?
Yes, in some narrow contexts. A.C.A. § 27-53-202(b)(2)(B)(i) (the same statute addressed in Op. 2023-072) limits release of minor occupants' names and addresses to specified requesters (insurance representatives, parents, legal guardians, custodians). But these are statutory exceptions, not the default.
What if the requester is opposing counsel in a civil suit?
Same answer. The AG opinions consistently treat requester identity and motives as generally irrelevant. Opposing counsel can request public records like anyone else.
What was the underlying disciplinary suspension?
The opinion does not detail the substance, only that it was administratively final and the records formed its basis. The four-element test was already met by the custodian's analysis.
Background and statutory framework
A.C.A. § 25-19-105(c)(3)(B)(i). Authorizes the records custodian, requester, or subject of certain employee-related records to seek an AG opinion on whether the custodian's release decision is consistent with FOIA. Used here by the subject (Officer Hackett).
Long-standing AG opinions on requester-intent irrelevance. Op. 2023-051, 2014-094, 2011-095, 2006-118. Consistent line: requester intent and motives are generally irrelevant.
Citations
- A.C.A. § 25-19-105(c)(3)(B)(i)
- Ark. Att'y Gen. Op. 2006-118, 2011-095, 2014-094, 2023-051
Source
Original opinion text
Opinion No. 2023-102
October 18, 2023
Officer Cebron Hackett
C/O Sergeant Jeremy Holliman
Office of Professional Responsibility
Conway Police Department
1105 Prairie Street
Conway, Arkansas 72032
Dear Officer Hackett:
You have requested my opinion regarding the Arkansas Freedom of Information Act ("FOIA"). Your request, which is made as the subject of the records, is based on A.C.A. § 25-19-105(c)(3)(B)(i). 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.
Someone has requested a complete copy of your disciplinary records. The custodian has decided that these records are employee-evaluation records that must be disclosed because they formed the basis for a disciplinary suspension that has become administratively final. You do not dispute the custodian's classification of the records, nor do you dispute that they formed a basis for a disciplinary suspension that has become final. Instead, you object because you believe the requester plans to use the records in a proceeding that you believe is unrelated to the disciplinary suspension or the underlying events that gave rise to the suspension.
RESPONSE
This office has consistently opined that, under the FOIA, the requester's intent and motives are generally irrelevant to the custodian when determining whether public records must be disclosed. (See, e.g., Ark. Att'y Gen. Ops. 2023-051, 2014-094, 2011-095, 2006-118.) Therefore, your objection is not a sufficient basis for the custodian to withhold your records from disclosure.
Deputy Attorney General Ryan Owsley prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General