FY 2023 PGCS Scores
| Submitted | Nov. 21, 2023 |
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Communications
From: Ben Goehring
To Whom It May Concern:
Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:
FY 2023 PGCS evaluation scores for all individuals employed in the State of Arkansas. Please also include the name of the employee being rated, the name of the supervisor performing the evaluation, and the name of the agency that employs both workers.
Please include the data in a spreadsheet or other machine-readable format (i.e., not a PDF).
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Sonny Albarado, a citizen of Arkansas, in coordination with Ben Goehring.
From: Department Of Transformation And Shared Services
Good afternoon,
The Arkansas Freedom of Information Act specifically states that "all public records shall be open to inspection and copying by any citizen of the State of Arkansas..." Ark. Code Ann. § 25-19-105(a)(1)(A) (emphasis added). The Supreme Court of the United States has affirmed the right of a State to limit the application of its Freedom of Information Act to citizens. McBurney v. Young, 569 U.S. 221 (2013).
If you are an Arkansas citizen, please provide us a record demonstrating your citizenship, like an Arkansas driver's license. In the absence of such record, we must deny your FOIA request.
Thank you,
TSS
From: Muckrock Staff
Attached is proof of residency.
Thank you for your continued help with this request.
[ID Redacted]
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 Nov. 21, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department Of Transformation And Shared Services
Mr. Albarado,
In response to your FOIA requests, TSS states that employee evaluation records or job performance records are generally exempt from FOIA. See Ark. Code Ann. § 25-19-105(c)(1); Ark. Op. Att'y Gen. No. 94-235; Ark. Op. Att'y Gen. No. 96-205. Employee evaluation or job performance records are subject to public disclosure only upon final administrative resolution of any suspension or termination proceeding where the records formed a basis for the suspension or termination and where a compelling public interest in their disclosure exists.
Therefore, "FY 2023 PGCS evaluation scores for all individuals employed in the State of Arkansas" are not publicly available under FOIA. If you would like to revise your FOIA request to include nonexempt records, please let us know.
Regards,
TSS
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