How to File a Public Records Request in Bentonville, Arkansas

What Is the Arkansas Freedom of Information Act?

The Arkansas Freedom of Information Act (FOIA), codified at Arkansas Code Annotated §§ 25-19-101 through 25-19-112, was enacted in 1967 and is widely regarded as one of the strongest open records laws in the United States. It guarantees any citizen of Arkansas the right to inspect and copy public records maintained by state and local government agencies during regular business hours.

A "public record" under the FOIA includes any writing, recorded sound, film, tape, electronic or computer-based information, or data compilation that constitutes a record of the performance or lack of performance of official functions. This encompasses a broad range of municipal documents: building permits, city council minutes, contracts with vendors, employee salary information, emails between public officials, police reports, and financial records.

Key exemptions include personnel records (to the extent disclosure would constitute a clearly unwarranted invasion of personal privacy), ongoing law enforcement investigations, medical and adoption records, attorney-client privileged communications, state tax records, and unpublished working papers of certain officials. The burden of proving that an exemption applies rests on the government agency — not the person requesting the records. Arkansas courts have consistently held that the FOIA must be interpreted liberally in favor of public access.

Read the full text of the Arkansas Freedom of Information Act (Arkansas Code Annotated §§ 25-19-101 through 25-19-112)

How to File a Public Records Request with the City of Bentonville

How to Submit Your Request

The City of Bentonville uses the JustFOIA platform as its primary method for receiving and processing FOIA requests. You can submit a request directly at bentonvillear.justfoia.com/publicportal/home/newrequest. The JustFOIA portal routes requests to the appropriate department. You may also submit requests by email, mail, or in person at City Hall, 305 SW A Street. No specific form is legally required — any written communication that identifies the records you seek is sufficient. Be as specific as possible when describing the records you need. Note that the Bentonville Police Department handles its own FOIA requests for police-specific records. For police records, contact the Records Division at (479) 271-5900 or foiarequest@bentonville.arkansas.gov. All other city records requests should go through the JustFOIA portal.

What to Include in Your Request

• Your full name and contact information (mailing address, email, phone number)
• A clear statement that you are a citizen of the State of Arkansas (required by law)
• A reference to the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-105)
• A specific and detailed description of the records you are requesting
• Relevant date ranges, names, departments, case numbers, or document types
• Your preferred format for receiving records (electronic copies, paper, or in-person inspection)
• A statement of the maximum fee you are willing to pay without prior notification

Response Deadlines and What to Expect

Under the Arkansas FOIA, public records must be available for inspection during regular business hours. If a record is immediately available, it should be provided on the spot. When a record is in active use or storage and not immediately available, Ark. Code Ann. § 25-19-105(e) requires the custodian to certify this fact in writing and make the record available within three (3) working days.

Important: Arkansas limits FOIA access to citizens of the state. Non-residents of Arkansas do not have a statutory right to request records under the FOIA. Include a statement confirming your Arkansas residency in every request.

The three-working-day window is a maximum, not a target — the law expects prompt disclosure. For voluminous or complex requests, the Arkansas Attorney General has indicated that a custodian may need a "reasonable time" beyond three days, determined case by case. If the City of Bentonville needs additional time, it should communicate this to you.

Regarding fees, the City may charge only the actual costs of reproducing records, plus mailing expenses. Search or retrieval fees based on staff time are not permitted under Arkansas law. If estimated costs exceed $25, the City may require prepayment before copying. The custodian must provide an itemized breakdown of charges. Inspection of records in person is always free. Electronic records that already exist in digital form may be provided at minimal or no cost.

What to Do If Your Request Is Denied or Delayed

If your FOIA request to the City of Bentonville is denied or you don't receive a response within three working days, you have options — and the law is on the side of transparency.

First, understand the most common reasons for denial: the records fall within a statutory exemption (such as personnel records, ongoing law enforcement investigations, attorney-client privilege, or security-related information), the request is too vague to process, or the City has determined you are not an Arkansas citizen.

Start by following up informally. Contact the department that received your request through the JustFOIA portal, or call City Hall at (479) 271-3112. Sometimes a delay is caused by internal routing rather than a deliberate denial. A clarification of your request or a narrower scope can often resolve the issue.

If informal efforts fail, Arkansas law provides a direct path to court — there is no mandatory administrative appeal. Under Ark. Code Ann. § 25-19-107(a), any citizen denied rights under the FOIA may appeal immediately to the circuit court of the appropriate judicial district. For Bentonville, this is the Benton County Circuit Court. The court must schedule a hearing within seven days of your petition.

For personnel and employee evaluation records specifically, either the requester, the custodian, or the subject of the records may seek an advisory opinion from the Arkansas Attorney General. The AG must respond within three working days.

Arkansas has a favorable attorney's fees provision. Under Ark. Code Ann. § 25-19-107(d), the court shall award reasonable attorney's fees and litigation expenses to a plaintiff who substantially prevails, unless the court finds the defendant's position was substantially justified. Fees may be assessed against you only if the court finds your lawsuit was primarily frivolous or dilatory.

Steps to Appeal

1. Follow up informally through the City of Bentonville's JustFOIA portal or by calling City Hall at (479) 271-3112 to clarify the request or resolve any misunderstanding.
2. Request a written explanation citing the specific statutory exemption under Ark. Code Ann. § 25-19-105(b) that the City claims justifies withholding.
3. For personnel or evaluation records, seek an advisory opinion from the Arkansas Attorney General under Ark. Code Ann. § 25-19-105(c)(3), who must respond within three working days.
4. Contact the Arkansas Attorney General's FOIA guidance office at (501) 682-2007 or the consumer protection hotline at 800-482-8982 for general assistance on whether the denial is lawful.
5. File a petition in Benton County Circuit Court under Ark. Code Ann. § 25-19-107(a) — the court must hear the case within seven days of your application.
6. If you substantially prevail, the court shall award reasonable attorney's fees and litigation expenses under Ark. Code Ann. § 25-19-107(d), unless the City's position was substantially justified.
7. If the City refuses to comply with the court order, the court may hold the City in contempt under Ark. Code Ann. § 25-19-107(c).

Types of Records You Can Request from Bentonville, Arkansas

The Arkansas FOIA defines public records broadly to include virtually any document that reflects the performance or lack of performance of official functions. Here are common types of records you can request from the City of Bentonville:

• City Council meeting minutes, agendas, resolutions, and ordinances
• City budgets, financial reports, audit documents, and expenditure records
• Contracts, purchase orders, bids, and vendor agreements
• Building permits, zoning applications, and inspection reports
• Police incident reports, arrest records, and use-of-force reports
• Fire department incident and inspection records
• City employee salary and compensation records
• Emails and correspondence of city officials related to official duties
• Code enforcement complaints and violation notices
• Planning Commission records and large-scale development applications
• Economic development incentive agreements and tax abatement records
• Parks and recreation program records and facility use agreements
• Business license and permit records
• Transportation and street improvement project records
• Electric utility records and rate schedules

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Bentonville to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Bentonville