AG: City applicant test scores sometimes public record

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An attorney general's opinion released Thursday says copies of examinations and test scores for applicants for city fire departments are public record in some circumstances.

Helena-West Helena City Attorney Andre Valley asked Attorney General Dustin McDaniel's office whether the records could be withheld in response to a Freedom of Information Act request.

Elana C. Wills of the attorney general's office responded that the records are public if the city does not have a civil service commission or other applicable shields.

"The exemption for 'personnel records' does not apply to applicants (non-'personnel')," Willis wrote, but added that the law should be clarified.

"There is no controlling legal precedent on the latter point, however, and as this office has noted more than once, legislative or judicial clarification is indicated," Wills wrote.

In a separate issue, Pine Bluff City Attorney Carol Billings asked whether the city could cite a lack of "compelling public interest" and refuse to release records from an employee's personnel file in response to a Freedom of Information Act request.

Jack Druff of the attorney general's office replied that the circumstances surrounding the issue may come into play.

"It is not entirely clear based upon the record you have provided whether the file at issue is subject to disclosure under the FOIA. The existence of a 'compelling public interest' will depend upon all of the surrounding facts and circumstances," he wrote.