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Orsini v. State
Citations: 340 Ark. 665; 13 S.W.3d 167; 2000 Ark. LEXIS 141Docket: 98-1119
Court: Supreme Court of Arkansas; March 23, 2000; Arkansas; State Supreme Court
An inmate, Mary Lee Orsini, alleges a violation of the Freedom of Information Act (FOIA) by the Arkansas Department of Correction and its officers, claiming they withheld vital information for her defense in a disciplinary proceeding. Orsini asserts that she was not granted a hearing within the seven-day timeframe mandated by Ark. Code Ann. 25-19-107(b). The case originated from disciplinary charges filed by Officer Bulah Hampton against Orsini for belligerence and insolence, following an incident where Orsini allegedly refused to comply with an order and subsequently slammed a door, causing injury to the officer. Officer Felicia Brothers, a witness to the event, suggested in her statements that Officer Hampton may have provoked Orsini. Orsini sought copies of Officer Brothers's incident reports (referred to as "005's") through multiple FOIA requests, all of which were denied or unacknowledged. After appealing to Jefferson County Circuit Court, she requested her FOIA concerns be heard within seven days, but the court dismissed her appeal, stating the Department had provided the documents, which Orsini contests. The circuit court's dismissal failed to address Orsini's claims adequately, and it did not conduct a required hearing on her FOIA request. The court’s action is deemed a violation of the FOIA's provision for timely hearings, which aims to ensure prompt resolution of such requests. The decision is reversed and remanded for a hearing on the matter. In Furman v. Holloway, the Arkansas court ruled that an inmate's file qualifies as a 'public record' under Ark. Code Ann. 25-19-105(a) because it is mandated to be maintained by the Department of Corrections. The Department acknowledged its status as a state agency but denied Orsini's FOIA request without providing a hearing, which the court found necessary. The Department's defense focused on Regulation 804 and Administrative Directive 93-14, arguing that these documents restricted access to certain inmate records. Regulation 804, adopted by the Department's Board and filed with the Secretary of State, allows inmates access to their records while exempting those that could harm third parties. Conversely, Administrative Directive 93-14 is simply a policy statement and has not been formally adopted, thus lacking the regulatory status required to exempt records from disclosure under the FOIA. The court emphasized that FOIA exemptions must be narrowly construed to promote transparency in government operations. A statutory provision for nondisclosure in Arkansas requires specificity; ambiguous exemptions are interpreted favorably towards disclosure. The burden of proof for claiming exemptions under the Freedom of Information Act (FOIA) lies with the record keeper. Regulation 804 permits inmates to inspect their files unless the documents are sensitive or confidential. In this case, the circuit court denied Orsini's appeal, believing she already possessed the requested information, although the State contended otherwise, asserting that the denial was due to the confidential nature of the 005 reports under Administrative Directive 93-14. The court is required to conduct a hearing to determine if the reports and associated documents qualify for exemption as sensitive or confidential under Regulation 804, which may involve an in camera review. Additionally, it remains unclear whether Officer Hampton accused Orsini of deliberately slamming the door; her report suggests it was an unfortunate accident rather than an intentional assault. The decision has been reversed and remanded for further proceedings.