How to File a Public Records Request in Fayetteville, 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 that any citizen of Arkansas may inspect and copy public records during the regular business hours of the custodian of those records.

A "public record" under the FOIA includes any writing, recorded sound, film, tape, or electronic data that is required by law to be kept or is otherwise kept and constitutes a record 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 state income tax records, medical and adoption records, education records under FERPA, undisclosed law enforcement investigations, personnel records to the extent disclosure would constitute a clearly unwarranted invasion of personal privacy, and unpublished working papers of certain officials. However, the burden of proving that an exemption applies rests squarely on the government agency — not on the person requesting the records. Arkansas courts have consistently held that the FOIA must be liberally interpreted 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 Fayetteville

How to Submit Your Request

The City of Fayetteville uses JustFOIA, an online public records portal, as its preferred method for receiving and managing FOIA requests. You can submit a request directly through the portal at fayetteville-ar.justfoia.com. Alternatively, you may email your request to cityfoia@fayetteville-ar.gov, mail it to the City Attorney's Office at 113 W Mountain Street, Fayetteville, AR 72701, or deliver it in person during regular business hours. For police-specific records, requests can also be submitted through the same JustFOIA portal. No specific form is required — a letter or email clearly describing the records you seek is sufficient under Arkansas law.

What to Include in Your Request

• Your full name and confirm you are a citizen of the State of Arkansas
• A clear description of the records you are seeking, with enough specificity for the custodian to locate them with reasonable effort
• Date ranges or timeframes for the records requested
• Your preferred format for receiving records (electronic, paper copies, or inspection in person)
• Your contact information including email address, phone number, and mailing address
• A statement of the maximum fee you are willing to pay before being contacted for approval
• A reference to the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-105)

Response Deadlines and What to Expect

Arkansas law provides a strong presumption of immediate access to public records. Under Ark. Code Ann. § 25-19-105(a)(1)(A), all public records must be open to inspection and copying during the regular business hours of the custodian. Records should be made available on the spot when possible.

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 set a date and hour within three working days when the record will be available. This three-working-day window is not a general response deadline — it applies specifically when records are unavailable at the time of the request. For complex or voluminous requests, the Attorney General has indicated that custodians may have a "reasonable time" to respond, evaluated on a case-by-case basis.

Important note: Arkansas limits FOIA access to citizens of the state. Non-residents do not have a statutory right to request records under the Arkansas FOIA.

Regarding fees, the City of Fayetteville may charge only for the actual costs of reproducing records, plus mailing expenses. Search and retrieval fees are not permitted under Arkansas law. If the estimated cost exceeds $25.00, the City may require prepayment before copying. The custodian must provide an itemized breakdown of any charges, and fees may be waived for requests made primarily for noncommercial purposes when a waiver serves the public interest.

What to Do If Your Request Is Denied or Delayed

If your public records request to the City of Fayetteville is denied or unreasonably delayed, you have several options — and the law is firmly on the side of transparency.

First, understand that denials should always come with an explanation. Under Arkansas law, if a custodian withholds records, they must identify the specific exemption that justifies the withholding. If you receive a bare denial without justification, that itself may be a violation of the FOIA.

Common reasons for denial include assertions that records fall under the personnel records exemption, the law enforcement investigation exemption, or that the request is not sufficiently specific. But remember: the burden of proving an exemption applies rests on the City — not on you.

Arkansas does not require you to exhaust an administrative appeal before going to court. Under Ark. Code Ann. § 25-19-107, any citizen denied FOIA rights may appeal immediately to the circuit court. The court must schedule a hearing within seven days of your petition. If you substantially prevail, the court shall award reasonable attorney's fees and litigation expenses against the City, unless the City's position was substantially justified. Conversely, fees can only be assessed against you if the court finds your action was initiated primarily for frivolous or dilatory purposes.

For questions about the Arkansas FOIA, you can contact the Attorney General's FOIA hotline at 800-482-8982. The AG's office publishes a comprehensive FOIA Handbook and can provide informal guidance on whether a denial may be improper.

Steps to Appeal

1. Contact the City FOIA Coordinator at cityfoia@fayetteville-ar.gov or (479) 575-8313 to discuss the denial informally and ask for a written explanation citing the specific exemption relied upon.
2. If the denial involves personnel or employee evaluation records, request that the Attorney General review the custodian's decision under Ark. Code Ann. § 25-19-105(c)(3)(B) — the AG must issue an opinion within three working days.
3. Call the Arkansas Attorney General's FOIA hotline at 800-482-8982 to seek informal guidance on whether the denial appears justified under the law.
4. Send a written follow-up to the City Attorney's Office clearly stating that you believe the denial violates the Arkansas FOIA, specifying the records denied and requesting reconsideration.
5. If the denial persists, file a petition in the Washington County Circuit Court under Ark. Code Ann. § 25-19-107(a). The court must set a hearing within seven days.
6. Under Ark. Code Ann. § 25-19-107(d), if you substantially prevail, the court shall award you reasonable attorney's fees and litigation expenses unless the City's position was substantially justified. Fees may be assessed against you only upon a finding that your action was primarily frivolous or dilatory.
7. If the City refuses to comply with a court order, the court may find the City in contempt under Ark. Code Ann. § 25-19-107(c).

Types of Records You Can Request from Fayetteville, Arkansas

The Arkansas FOIA applies to virtually all records maintained by the City of Fayetteville that document the performance of official functions. Here are common types of records you can request:

• City Council meeting minutes, agendas, and resolutions
• City budgets, financial statements, and audit reports
• Contracts, agreements, and memoranda of understanding with vendors and contractors
• Building permits, zoning applications, and planning commission records
• Police incident reports, arrest reports, and use-of-force records
• City employee salary and compensation records
• Code enforcement complaints and inspection reports
• Correspondence and emails between city officials regarding public business
• Water and sewer utility records and billing data
• Parks and recreation facility usage agreements
• Business license applications and approvals
• Traffic and accident reports
• Settlement agreements and litigation records
• Environmental compliance and stormwater management records

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

Tips for Effective Public Records Requests in Fayetteville