ARKANSAS FREEDOM OF INFORMATION ACT REQUEST
(Ark. Code Ann. Section 25-19-101 et seq.)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Freedom of Information Act Request Letter
Date: [DATE]
To:
[FOIA OFFICER NAME]
[AGENCY NAME]
[FOIA OFFICE STREET ADDRESS]
[AGENCY CITY, STATE ZIP]
E-Mail: [FOIA OFFICE E-MAIL]
From:
[REQUESTER NAME]
[REQUESTER TITLE & ORGANIZATION (if any)]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
E-Mail: [REQUESTER E-MAIL]
Re: Request for Records Concerning [BRIEF SUBJECT DESCRIPTION]
Recitals
A. The Requester seeks access to public records pursuant to the Arkansas Freedom of Information Act (the "AFOIA"), Ark. Code Ann. Section 25-19-101 et seq.
B. The Requester submits this Request to obtain public disclosure of the records described herein and, where applicable, to secure timely processing and fee limitation rights provided by the AFOIA.
Effective Date. This Request is effective on the date first written above (the "Effective Date").
Jurisdiction. Issues arising under or relating to this Request shall be governed by the AFOIA and other applicable Arkansas law.
2. DEFINITIONS
For purposes of this Request, capitalized terms have the meanings set forth below:
"AFOIA" means the Arkansas Freedom of Information Act, Ark. Code Ann. Section 25-19-101 et seq., as amended.
"Agency" means [AGENCY NAME], including all component offices, bureaus, divisions, and subordinate units that maintain possession or control of the requested Records.
"Business Day" means any day other than Saturday, Sunday, or a state legal holiday.
"Records" includes any writing, recorded sound, film, tape, electronic or computer-based information, or other documentary material, regardless of physical form or characteristics, that constitutes a record of the performance or lack of performance of official functions.
"Requester" means the individual or entity identified in Section 1 as the submitting party.
3. OPERATIVE PROVISIONS
3.1 Request for Specific Records.
The Requester hereby requests that the Agency conduct a reasonable search and promptly disclose the following Records:
(a) [DETAILED, ITEM-BY-ITEM DESCRIPTION OF EACH RECORD REQUESTED, WITH DATE RANGES, KEYWORDS, FILE TYPES, ETC.];
(b) Any indices, inventories, guides, or record-keeping systems that would assist in locating responsive Records; and
(c) All segregable portions of otherwise exempt Records.
3.2 Scope of Search.
a. Timeframe. Search all Records dated or created from [START DATE] through [END DATE].
b. Locations. Search all paper and electronic record systems reasonably likely to contain responsive Records, including e-mail servers, shared drives, individual custodians' files, cloud-based repositories, and backup systems.
c. Alternate Formats. If certain Records are more readily available in a form other than that requested, produce them in their original form as well as in the form requested, to the extent practicable.
3.3 Preferred Format of Production.
Produce all responsive, non-exempt Records electronically in native format with searchable OCR, unless producing such format would impose an undue burden.
3.4 Fees & Limitation.
Requester agrees to pay reasonable copying fees as permitted by Ark. Code Ann. Section 25-19-105(d), up to US $[CAP AMOUNT]. If estimated fees exceed this cap, the Agency shall provide an itemized written estimate and obtain written authorization before proceeding.
3.5 Response Time.
Under Ark. Code Ann. Section 25-19-105(c), the custodian shall provide copies of public records immediately or, if not immediately available, within a reasonable time. Requester requests a response within three (3) business days indicating whether records will be provided.
3.6 Exemptions & Segregability.
If the Agency withholds any portion of a Record based on an exemption under Ark. Code Ann. Section 25-19-105(b), it shall:
a. Identify each applicable exemption provision;
b. Provide a reasonably specific explanation of how the exemption applies;
c. Release all reasonably segregable non-exempt portions; and
d. Cite the specific statutory exemption relied upon.
3.7 Preservation of Records.
The Agency shall take all reasonable steps to prevent the loss, removal, or destruction of any potentially responsive Records pending resolution of this Request or subsequent judicial action.
3.8 Method of Delivery.
Deliver all productions electronically to [E-MAIL OR FTP DETAILS] or, if necessary, on physical media sent to the address listed in Section 1.
4. REPRESENTATIONS & WARRANTIES
4.1 Identity. Requester represents that the contact information provided herein is accurate and complete.
4.2 Purpose. Requester warrants that the information requested is sought for lawful purposes consistent with the AFOIA.
4.3 Compliance. Requester represents that submission of this Request complies with all applicable Agency regulations implementing the AFOIA.
4.4 Survival. The representations and warranties in this Section shall survive any administrative or judicial proceedings arising from this Request.
5. COVENANTS & RESTRICTIONS
5.1 Payment Covenant. Subject to the Fee Limitation in Section 3.4, Requester agrees to remit payment of properly assessed, statutorily-authorized fees within thirty (30) calendar days of invoice.
5.2 Clarification Obligation. Requester shall promptly respond to reasonable Agency inquiries necessary to perfect the scope of search or clarify ambiguous aspects of this Request.
6. DEFAULT & REMEDIES
6.1 Agency Default. Each of the following constitutes an "Agency Default":
a. Failure to produce non-exempt Records within a reasonable time as required by Ark. Code Ann. Section 25-19-105;
b. Assessment of unauthorized fees in excess of those permitted by the AFOIA; or
c. Unlawful withholding of Records.
6.2 Notice & Cure. Upon Agency Default, Requester shall provide written notice and allow a reasonable time for cure.
6.3 Judicial Enforcement. If the Agency fails to cure, Requester may file a civil action in the appropriate Arkansas circuit court seeking injunctive relief compelling disclosure, attorney's fees, and costs as authorized by Ark. Code Ann. Section 25-19-107.
6.4 Attorneys' Fees & Costs. In any judicial action, the court shall award reasonable attorneys' fees and other litigation costs to the prevailing requester if the circuit court finds that the agency acted in bad faith, as provided by Ark. Code Ann. Section 25-19-107(d).
7. RISK ALLOCATION
7.1 Fees (Processing Only). The sole monetary exposure assumed by Requester is the payment of statutorily-authorized copying fees, subject to the cap in Section 3.4.
7.2 No Indemnification. Neither party provides indemnity to the other.
7.3 Force Majeure. Deadlines may be equitably tolled where either party is delayed by acts of God, war, terrorism, or other events beyond reasonable control.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Request and any dispute hereunder shall be governed by the AFOIA and other applicable Arkansas law.
8.2 Forum Selection. Jurisdiction and venue shall lie in the appropriate Arkansas circuit court.
8.3 Arbitration. Arbitration is not available for AFOIA disputes.
8.4 Injunctive Relief. Nothing herein shall limit Requester's right to seek preliminary or permanent injunctive relief compelling the disclosure of Records.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment to this Request must be in writing and signed by Requester.
9.2 Severability. If any provision of this Request is held invalid, the remainder shall remain in full force and effect.
9.3 Integration. This Request constitutes the entire agreement between the parties regarding its subject matter.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Requester hereby executes this Freedom of Information Act Request as of the Effective Date.
__________________________________
[REQUESTER NAME]
Title: [REQUESTER TITLE]
Organization: [ORGANIZATION (if any)]
Date: [DATE]
[// GUIDANCE: For Arkansas AFOIA requests, the custodian must provide records immediately or within a reasonable time. Appeals from denials are made directly to circuit court under Ark. Code Ann. Section 25-19-107.]