University of Arkansas Football Contracts

Kevin Kelley filed this request with the University of Arkansas of Arkansas.
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Completed

Communications

From: MuckRock

To Whom It May Concern:

Pursuant to the Arkansas Freedom of Information Act (“FOIA”), Ark. Code Ann. § § 25-19-101 to 25-19-109, I hereby request the following records:

Contracts for non-conference football games for the University of Arkansas Razorbacks.

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 fees cannot be waived, 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,

Pierce Presley

From: Kevin L. Trainor

Mr. Presley,

I was forwarded your request below for information related to contracts for non-conference football games. Please be advised that the Arkansas Freedom of Information Act only applies to Citizens of the State of Arkansas.

Accordingly, the University respectfully declines to respond to your FOIA request.

Sincerely,
Kevin

KEVIN TRAINOR
ASSOCIATE ATHLETICS DIRECTOR | PUBLIC RELATIONS | bASEBALL SPORTS ADMINISTRATOR

From: Pierce Presley

Mr. Trainor,
I am an Arkansas citizen, born in Little Rock and currently residing at 1904 Wilson St., Malvern, AR 72104. The Freedom of Information Act applies and your rationale for rejecting my request is invalid. Please proceed with processing my request.

Sincerely,
Pierce Presley

From: Kevin L. Trainor

Mr. Presley,

Thank you for providing further information to validate your request under Arkansas FOIA. Your previous request listed only an out of state address and therefore didn’t establish Arkansas residency.

Based on your updated information, we will begin a review of any potentially responsive documents to your request.

Thank you,
Kevin

From: Kevin L. Trainor

Mr. Presley,

In response to your request related to non-conference football contracts, those records are attached. The amount of each game guarantee, however, is not subject to disclosure under the competitive advantage exemption. Ark. Code Ann. §25-19-105(b)(9)(A). Specifically, the disclosure of the guarantee amounts will effectively require the University to bid against itself in arranging games with potential opponents for future football seasons and will prove financially detrimental to the institution’s best interests. See Dep’t of Fin. v. Pharmacy Assocs., Inc., 970 S.W.2d 217 (1998).

Please let me know if you have any issues accessing the attached PDF.

Thank you,
Kevin

From: Pierce Presley

Thanks so much for your help Kevin.

Could you provide this information for non-conference football game contracts 2015 through 2030?

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 14, 2015. 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: Rebecca A. Morrison

Dear Mr. Presley:

On behalf of the Department of Athletics, I am writing in regard to your University of Arkansas public records request of August 28, 2015 and subsequent follow-up of September 14, 2015 for “information for non-conference football game contracts 2015 through 2030.” As shared with you previously, the Arkansas Freedom of Information Act only applies to citizens of the State of Arkansas. Please substantiate your Arkansas citizenship per the definition and examples provided below.

The requirement of citizenship under the Arkansas FOIA and University policy is reasonably determined by a person's domicile, which is distinct from a person's residence. Under Arkansas law, a person's domicile is the "place where a [person] has his true, fixed, and permanent home . . . and to which he has the intention of returning whenever he is absent therefrom." John J. Watkins & Richard J. Peltz, The Arkansas Freedom of Information Act at 75 (4th ed. 2004). According to the leading scholars on the Arkansas FOIA, any public entity such as the University may request sufficient documentation to establish citizenship. Id. at 79. For example, a driver's license (issued prior to your request) or other identification showing a person's name and (current, verifiable) address are the types of information that may be used to establish citizenship, according to Professors Watkins and Peltz. Id.

Please confirm your domicile and provide information sufficient to establish your address, and we will be happy to release any non-exempt public records within the scope of your request. You can send the documentation to me as an email attachment.

Sincerely,
Rebecca Morrison




Rebecca Morrison • Public Information Officer-Strategic Communications
215 Davis Hall • University Relations • University of Arkansas • Fayetteville, AR 72701
Phone 479-575-3016
http://uark.edu

From: MuckRock

Hello Ms. Morrison,

Could you please recommend a convenient and secure method by which to establish identity and proof of residency? One does not want to send copies of official identification, though perhaps a redacted version of some form would be acceptable. Advice would be appreciated.

Thank you.

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