How to File a Public Records Request in Lowell, Arkansas

What Is the Arkansas Freedom of Information Act?

The Arkansas Freedom of Information Act (FOIA), codified at Arkansas Code Annotated §§ 25-19-101 through 25-19-112, was enacted in 1967 and is consistently ranked among the strongest open records laws in the United States. It guarantees any citizen of the State of Arkansas the right to inspect and copy public records maintained by state and local government agencies during regular business hours.

A "public record" under the FOIA is broadly defined to include any writing, recorded sound, film, tape, electronic or computer-based information, or data compilation that constitutes a record of the performance or lack of performance of official functions. For a city like Lowell, this encompasses a wide range of documents: city council minutes and resolutions, building permits, zoning applications, city contracts, employee salary records, police incident reports, budget documents, and emails among city officials.

Key exemptions include personnel records (to the extent disclosure would constitute a clearly unwarranted invasion of personal privacy), ongoing law enforcement investigations, medical and adoption records, attorney-client privileged communications, state tax records, and records relating to public infrastructure security. However, the burden of proving that an exemption applies falls squarely on the government agency — not the requester. Arkansas courts have consistently interpreted the FOIA liberally in favor of public access.

Read the full text of the Arkansas Freedom of Information Act (Arkansas Code Annotated §§ 25-19-101 through 25-19-112)

How to File a Public Records Request with the City of Lowell

How to Submit Your Request

The City of Lowell uses JustFOIA, an online public records portal, as its preferred method for receiving and managing FOIA requests. You can submit a request directly through the portal at lowellar.justfoia.com, which allows you to create an account, track your request status, communicate with the city, and receive responsive records electronically. Alternatively, you may submit a written request by mail to the City Clerk's Office at 216 N Lincoln St, Lowell, AR 72745, or deliver it in person at City Hall during business hours. For police-specific records such as incident reports, accident reports, and arrest records, you can contact the Lowell Police Department Records Division at (479) 250-3307 or email [email protected]. No specific form is required — a written request clearly identifying the records you seek is sufficient under Arkansas law.

What to Include in Your Request

• Your full name and contact information (mailing address, email, phone number)
• A clear statement confirming you are a citizen of the State of Arkansas (required by law)
• A reference to the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-105)
• A specific description of the records you are requesting, including relevant dates, names, departments, and document types
• Your preferred format for receiving records (electronic copies, paper, or in-person inspection)
• A statement of the maximum fee you are willing to pay without prior notification
• Any deadline or time sensitivity associated with your request

Response Deadlines and What to Expect

Under the Arkansas Freedom of Information Act, public records must be made available for inspection during the regular business hours of the custodian. If records are immediately available, they should be provided on the spot. When a record is in active use or storage and not immediately available, Ark. Code Ann. § 25-19-105(e) requires the custodian to certify this fact in writing and make the record available within three (3) working days.

Important: Arkansas limits FOIA access to citizens of the state. Non-residents of Arkansas do not have a statutory right to request records under the FOIA. Always include a statement confirming your Arkansas residency in your request.

The three-working-day timeline is a maximum — the law expects prompt disclosure. For particularly voluminous or complex requests, the Arkansas Attorney General has indicated that a custodian may need a "reasonable time" beyond three days, determined on a case-by-case basis. If the City of Lowell needs additional time, the clerk or records custodian should communicate this to you.

Regarding fees, custodians may charge only the actual costs of reproducing records, plus mailing expenses. Search and retrieval fees based on staff time are not permitted under Arkansas law. If estimated reproduction costs exceed $25.00, the City may require prepayment before copying. Inspecting records in person is free of charge — you cannot be charged for simply reviewing public records at City Hall.

What to Do If Your Request Is Denied or Delayed

If the City of Lowell denies your FOIA request or fails to respond within three working days, you have legal options — and Arkansas law strongly favors transparency.

Common reasons for denial include claims that records fall within a statutory exemption (such as personnel records, ongoing law enforcement investigations, or attorney-client privilege), that the request is not sufficiently specific, or that the requester is not an Arkansas citizen. The City should always provide a written explanation citing the specific statutory exemption that justifies the withholding.

Start with an informal approach. Call City Hall at (479) 770-2185 or follow up through the JustFOIA portal to discuss the issue. Sometimes a denial results from a vague request that can be clarified, or a delay caused by internal routing rather than intentional obstruction. A polite follow-up often resolves the situation.

If informal resolution fails, Arkansas law provides a direct judicial path. Under Ark. Code Ann. § 25-19-107, any citizen denied rights under the FOIA may appeal immediately to the circuit court — there is no mandatory administrative appeal process. The court must schedule a hearing within seven days of your petition. For requests denied by the City of Lowell, this would be the Benton County Circuit Court.

For personnel and employee evaluation records specifically, either the requester, the custodian, or the subject of the records may seek an advisory opinion from the Arkansas Attorney General within one business day of the initial decision. The AG must respond within three working days.

Arkansas has a favorable attorney's fees provision. Under Ark. Code Ann. § 25-19-107(d), the court shall award reasonable attorney's fees and litigation expenses to a plaintiff who has substantially prevailed, unless the court finds the defendant's position was substantially justified. Fees may be assessed against the requester only upon a finding that the lawsuit was initiated primarily for frivolous or dilatory purposes.

Steps to Appeal

1. Follow up informally with the City of Lowell through the JustFOIA portal or by calling City Hall at (479) 770-2185 to discuss the denial and ask for a written explanation.
2. Request that the City cite the specific statutory exemption under Ark. Code Ann. § 25-19-105(b) that it believes justifies withholding the records.
3. For personnel or employee evaluation records, seek an advisory opinion from the Arkansas Attorney General under Ark. Code Ann. § 25-19-105(c)(3), who must respond within three working days.
4. Contact the Arkansas Attorney General's FOIA guidance office at (501) 682-2007 or call the FOIA hotline at 800-482-8982 for informal assistance on whether the denial is lawful.
5. File a petition in the Benton County Circuit Court under Ark. Code Ann. § 25-19-107(a) — the court must schedule a hearing within seven days of your application.
6. If you substantially prevail, seek reasonable attorney's fees and litigation expenses under Ark. Code Ann. § 25-19-107(d), which the court shall award unless the City's position was substantially justified.
7. If the City refuses to comply with a court order to release records, the court may hold the City in contempt under Ark. Code Ann. § 25-19-107(c).

Types of Records You Can Request from Lowell, Arkansas

The Arkansas FOIA defines public records broadly to include virtually any document that reflects the performance or lack of performance of official functions. Here are common types of records you can request from the City of Lowell:

• City Council meeting minutes, agendas, and resolutions
• City budgets, financial statements, and audit reports
• Contracts, purchase orders, and vendor agreements
• Building permits, zoning applications, and inspection reports
• Police incident reports, arrest records, and accident reports
• Code enforcement complaints and violation notices
• City employee salary and compensation records
• Emails and correspondence of city officials related to official duties
• Planning Commission applications and decisions
• Business license applications and records
• Public works project bids and engineering records
• Annexation petitions and development agreements
• City ordinances and resolutions (current and historical)
• Parks and recreation facility records and usage agreements

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Lowell to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Lowell