Arkansas Freedom of Information Act - Request
| Submitted | Aug. 10, 2018 |
| Est. Completion | None |
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Communications
From: Lindsey Millar
Dear Sir / Madam
I am writing to ask for your help with a request under the Arkansas Freedom of Information Act: Ark. Code Ann. sec's 25-19-101 to 25-19-107.
Would it be possible for you to send me a copy of any records that would show some or all of the following information:
1. A list of ALL types of alternative asset investments, including private equity, venture capital, distressed debt, mezzanine, fund of funds, infrastructure, natural resources, real estate and private debt partnerships in which Arkansas Local Police and Fire Retirement System is an investor; and
2. For each partnership, may I please have a copy of any alternative assets investment records that would show some or all of the following information:
a. Arkansas Local Police and Fire Retirement System's total commitment to the partnership,
b. the total contributions made by Arkansas Local Police and Fire Retirement System to the partnership to date,
c. the total distributions received by Arkansas Local Police and Fire Retirement System from the partnership to date,
d. the estimated current value of Arkansas Local Police and Fire Retirement System's holding in the partnership, and
e. any available estimates of the IRR earned by Arkansas Local Police and Fire Retirement System to date on its investment in the partnership.
In addition to this could you please provide me with an up to date account of your current asset allocations in the above asset classes including any direct investments you may have.
Thank you very much for your attention to this request. I have attached an example of the type of information we are hoping to receive.
In the event that Arkansas Local Police and Fire Retirement System has no such investments, a simple note to this effect will suffice. I understand that I may be charged for the cost of the copies requested, and agree to pay these charges.
Sincerely,
Lindsey Millar
From:
Dear Mr. Millar,
I am writing you in my capacity as General Counsel to the Arkansas Local Police and Fire Retirement System (hereinafter "LOPFI).
LOPFI received your FOIA Request on August 14, 2018.
In your request, you state that you are attaching an example of the type of information "we" are hoping to receive. This makes it unclear whether you are asking for this information in your individual capacity or whether you are requesting on behalf of some entity. If you will, please clarify the capacity in which you make this request. At any rate, there was no "example" attached. Please provide the same.
The Arkansas Freedom of Information Act applies to records, not information. There is "no obligation under the FOIA to create a new record by compiling or collecting information in the particular format requested by the person seeking access; rather, an agency must simply make available records in its possession." Ark. Att'y Gen. Op. 93-189; Blaylock v. Stayley, 293 Ark. 26, 732 .S. W. 2d 152 (1987). It is well settled that an agency is not required by FOIA to create a document that does not exist in order to satisfy a request. Yeager v. Drug Enforcement Admin., 678 F. 2d 315 (1982). Please note that the FOIA is for the production of documents only and the request made does not specify any documents to be produced.
In order to be helpful, I suggest that you go to the LOPFI website www.lopfi-prb.com<http://www.lopfi-prb.com> and review the Comprehensive Annual Financial Report. I think that this will provide most of the information you are requesting.
Outside of the information provided in the above referenced report, I am advised by my client that it does not have any documents that would be responsive to your request.
If you have any questions, please feel free to call me and I will try to help.
Rick Ramsay
RICHARD L. RAMSAY
Eichenbaum Liles P.A.
124 West Capitol Avenue, Suite 1900
Little Rock, Arkansas 72201
Office: 501-376-4531 Fax: 501-376-8433
rick.ramsay@elhlaw.com<mailto:rick.ramsay@elhlaw.com> ; cramsay@elhlaw.com<mailto:cramsay@elhlaw.com>
REMEMBER TO COPY CLAIR cramsay@elhlaw.com<mailto:cramsay@elhlaw.com> ON ALL CORRESPONDENCE TO RICK.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arkansas Freedom of Information Act request, copied below, and originally submitted on Aug. 10, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Arkansas Freedom of Information Act request, copied below, and originally submitted on Aug. 10, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
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