The Electronic Records Study Commission met on March 17, 2000 at noon via teleconference between Fayetteville and Little Rock, pursuant to written notice fixing the place and time.

The following Commission members were present or absent as indicated below:

Name of Commissioner Appeared

Jerry Rose Absent
John J. Watkins In Person
Carol Griffee In Person
Dennis Byrd In Person
Julie Cullen In Person
Susan Cromwell In Person
Jeff Porter Absent
Steve Russell Absent
Stewart Nelson In Person
Patti Hill Absent
Kristen Gould In Person
Darin Gray Absent
Mac Norton In Person

The meeting was called to order by Susan Cromwell, who has questions regarding absences and wants to be certain that the Press is notified of Commission meetings.

With no internet minutes to approve, move is made to the first order of business.

John Watkins discusses FOIA status and exemptions that exist. Has handout of the Arkansas Code Section 25-19-105, titled Examination and copying of public records of the FOI, and talks about other statutes scattered throughout the Arkansas code. States that list is not all inclusive by any means, and that there are many different opinions. Goes through list point by point.

Watkins talks of paragraph “b” and points out that all state tax records are confidential and the word for “return” is a broader word for record.

Watkins talks of the next paragraph, addresses how medical terms are not defined. Sick leave, medical records. Also talks of the differences of the term “scholastic records” between FERPA and FOIA.

Discussion of the Buckley amendment which says if you disclose any information you can lose your funding.

Discussion between Nelson, Watkins and Gould on point (5) unpublished drafts of judicial or quasi-judicial opinions and decisions. Question is raised if this quasi judicial process applies to all local government entities, and what about school boards.

Watkins talks of (7) and how it is a work product exemption, somewhat overlaps with (5) and is limited to opinions and decisions and applies to state officials and their staffs. Watkins uses the example of the Governor sending a letter to a state agency and how one can’t FOI the Governor’s letter but can get a copy of the state agency’s.

(9a) Bidding is self-evident.

(10) Personnel records: Watkins says this can be confusing because there is a balance between the public’s right to know and the right to privacy.

(11c)(1) discussion of personnel records-county, state evaluation system. Point is made that the employee must be notified first if someone asks for their records. Talk of this provision being a very difficult one. (2) was added at the insistence of law enforcement agencies. If the officer is undercover this protects their identity.

(3d) Reasonable access means that they are not supposed to make this information hard for citizens to obtain.

(3f) Notwithstanding…talk about what this paragraph means and discussion between Griffey, Watkins and Nelson about how difficult/not difficult it is to obtain files in small towns. Griffey says it is not difficult to obtain files and Watkins and Nelson disagree saying that immediate access is near impossible, and Nelson includes that citizens do have a right to privacy.

Watkins moves discussion to electronic records and what would happen if one wanted to see the records and how can you get copies made.

Watkins talks about paragraphs D & E and electronic access which will be another issue and adding other exemptions. Watkins says he’d change the scholastic records thing because of the problem with FERPA, also because of a lack of general provision protecting personal privacy.

Griffee asks that the legislature deal with this type of problem, not the committee.

Watkins disagrees with Griffee, talks about an FOI provision on invading personal privacy that used to keep confidential personnel records. Some things need to be exempted for personal privacy-we need a general protection for individual privacy. Griffee disagrees.

Byrd agrees with Griffee to let the legislature deal, other laws have impact on FOI-many that are not listed.

Talk of social security numbers, and how they can lead you to any information on anyone. Water, utility bills, sales calls.

Watkins says we protect businesses more than people.

Byrd says if you insert one sentence you’re asking for it to be interpreted by the Supreme Court.

Griffee says to give consideration because this will be a minefield.

Cullen asks to get back to the issue at hand and asks Watkins if he wants no exemptions.

Watkins says we’ll have to make some, we’ll have to modify some provisions of act, separate paragraphs.

Discussion of security measures, security user names and passwords, programs for firewalls, source codes.

Norton says the statute should have some exemptions of personal privacy-SS#, property tax, etc.

Cullen asks Watkins for proposed drafts of language.

Cromwell states that philosophically they should make recommendations.

Griffey says to go look at the bill regarding access to computerized records.

Watkins says we can’t do our job and advise the legislature of the impact of availability of records generally.

Nelson adds that we’re not changing the existing act.

Nelson: points that deal directly with e-information, once it becomes electronic, how does it separate with paper records?

Watkins, Nelson, Norton discuss.

Kristin adds that the burden of the custodians database don’t impact the paper environment.

Watkins adds that the paper issue is much different than e, adding that if the information is posted on the net it would be no burden to anyone.

Nelson says that some of the county clerks offices charge for copies made and if it was free would it make it difficult to survive? Nelson suggests charging for access to information.

Griffee asks if they would have created the database if they had no one to access it.

Discussion over fees between Norton, Nelson, Griffee.

Cullen asks for a roll call vote regarding scope, and says to read the legislation that created this committee.

Griffee asks to keep the concept narrow.

Cullen wants to state formally a simple state of direction.

Mac states duties.

Gould says that FOI is not off limits and we could add exemptions if we thought…

Watkins wants an exemption of grand jury minutes-wholesale revision.

Cullen suggests four proposed assignments with draft language

Watkins says Gould is better to deal with scholastic issues.

Cullen assigns tasks.

Next meeting will be April 18 from 9 a.m.-12:30 p.m. in Little Rock.

There being no other business to be transacted and upon motion duly made, seconded, and carried, the meeting was adjourned at 2:45 p.m.

Patti Hill, Secretary