(1) As used in this chapter:(1) “Background and nondecisional information” means information that is not deliberation;(2) (A) “Custodian”, except as otherwise provided by law and with respect to any public record, means the person having administrative control of that record.(B) “Custodian” does not mean a person who holds public records solely for the purposes of storage, safekeeping, or data processing for others;(3) “Cybersecurity” means the measures taken to achieve protection against the criminal or unauthorized use of electronic data;(4) “Deliberation” means an exchange of information or opinion between two (2) or more members of a governing body that:(A) Seeks, discloses, or inquires about a decision by a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body; or(B) Solicits, discloses, or inquires about the support or opposition of a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body;(5) “Disaster recovery system” means an electronic data storage system implemented and maintained solely for the purpose of allowing a governmental unit or agency to recover operational systems and datasets following the occurrence of a catastrophe, including without limitation an act of war, an equipment failure, a cyberattack, or a natural disaster such as a tornado, earthquake, or fire;(6) “Format” means the organization, arrangement, and form of electronic information for use, viewing, or storage;(7) “Governing body” means the governing body of a public entity;(8) “Informal meeting” means the gathering of two (2) or more members of a governing body outside of a public meeting;(9) (A) “Learning materials” means curricula, syllabi, lesson plans, instructional materials, assignments, presentations, books, articles, video recordings, audio recordings, digital resources, or other resources that are maintained and used by public schools for classroom instruction, regardless of format or medium.(B) “Learning materials” does not include tests or other student assessments used by public schools or public school districts;(10) “Medium” means the physical form or material on which records and information may be stored or represented and may include, but is not limited to, paper, microfilm, microform, computer disks and diskettes, optical disks, and magnetic tapes;(11) (A) “Municipally owned utility system” means a utility system owned or operated by a municipality that provides:(i) Electricity;(ii) Water;(iii) Wastewater service;(iv) Cable television; or(v) Broadband service.(B) “Municipally owned utility system” includes without limitation a:(i) Consolidated waterworks system under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.;(ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.; and(iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;(12) “Poll” means a series of communications:(A) Between:(i) One (1) or more persons paid by a public entity or agents or employees of that public entity; and(ii) One (1) or more members of the governing body of that public entity;(B) Concerning any matter on which official action will foreseeably be taken by the governing body;(C) To determine:(i) How the member of the governing body intends to vote; or(ii) Whether the member of the governing body supports or opposes certain proposed action by the governing body; and(D) For the purpose of exercising a responsibility, authority, power, or duty of the governing body;(13) “Public entity” means:(A) A bureau, commission, or agency of the state;(B) A political subdivision of the state, including municipalities, counties, and boards of education; and(C) All other boards, bureaus, commissions, or organizations in the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds;(14) (A) “Public meeting” means the formal gathering together, in a special or regular gathering, of a governing body, whether in person or remotely.(B) “Public meeting” does not include:(i) The gathering together, whether in person or remotely, of the members of a governing body to discuss the settlement of a cause of action in a court-ordered alternative dispute resolution process, including without limitation a settlement conference or mediation; and(ii) A meeting of the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.;(15) (A) “Public records” means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records, including without limitation learning materials used in or maintained by a public school or public school district.(B) “Public records” does not mean software acquired by purchase, lease, or license;(16) “Public water system” means all facilities composing a system for the collection, treatment, and delivery of drinking water to the general public, including without limitation reservoirs, pipelines, reclamation facilities, processing facilities, distribution facilities, and regional water distribution districts under The Regional Water Distribution District Act, § 14-116-101 et seq.;(17) “Remotely” means through electronic means, including without limitation by telephone, video conference, or video broadcast; and(18) “Vulnerability assessment” means an assessment of the vulnerability of a public water system to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the public water system to provide a safe and reliable supply of drinking water as required by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Pub. L. No. 107-188.
(1) “Background and nondecisional information” means information that is not deliberation;
(2) (A) “Custodian”, except as otherwise provided by law and with respect to any public record, means the person having administrative control of that record.(B) “Custodian” does not mean a person who holds public records solely for the purposes of storage, safekeeping, or data processing for others;
(A) “Custodian”, except as otherwise provided by law and with respect to any public record, means the person having administrative control of that record.
(B) “Custodian” does not mean a person who holds public records solely for the purposes of storage, safekeeping, or data processing for others;
(3) “Cybersecurity” means the measures taken to achieve protection against the criminal or unauthorized use of electronic data;
(4) “Deliberation” means an exchange of information or opinion between two (2) or more members of a governing body that:(A) Seeks, discloses, or inquires about a decision by a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body; or(B) Solicits, discloses, or inquires about the support or opposition of a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body;
(A) Seeks, discloses, or inquires about a decision by a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body; or
(B) Solicits, discloses, or inquires about the support or opposition of a member of the governing body concerning any matter on which official action will foreseeably be taken by the governing body;
(5) “Disaster recovery system” means an electronic data storage system implemented and maintained solely for the purpose of allowing a governmental unit or agency to recover operational systems and datasets following the occurrence of a catastrophe, including without limitation an act of war, an equipment failure, a cyberattack, or a natural disaster such as a tornado, earthquake, or fire;
(6) “Format” means the organization, arrangement, and form of electronic information for use, viewing, or storage;
(7) “Governing body” means the governing body of a public entity;
(8) “Informal meeting” means the gathering of two (2) or more members of a governing body outside of a public meeting;
(9) (A) “Learning materials” means curricula, syllabi, lesson plans, instructional materials, assignments, presentations, books, articles, video recordings, audio recordings, digital resources, or other resources that are maintained and used by public schools for classroom instruction, regardless of format or medium.(B) “Learning materials” does not include tests or other student assessments used by public schools or public school districts;
(A) “Learning materials” means curricula, syllabi, lesson plans, instructional materials, assignments, presentations, books, articles, video recordings, audio recordings, digital resources, or other resources that are maintained and used by public schools for classroom instruction, regardless of format or medium.
(B) “Learning materials” does not include tests or other student assessments used by public schools or public school districts;
(10) “Medium” means the physical form or material on which records and information may be stored or represented and may include, but is not limited to, paper, microfilm, microform, computer disks and diskettes, optical disks, and magnetic tapes;
(11) (A) “Municipally owned utility system” means a utility system owned or operated by a municipality that provides:(i) Electricity;(ii) Water;(iii) Wastewater service;(iv) Cable television; or(v) Broadband service.(B) “Municipally owned utility system” includes without limitation a:(i) Consolidated waterworks system under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.;(ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.; and(iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;
(A) “Municipally owned utility system” means a utility system owned or operated by a municipality that provides:(i) Electricity;(ii) Water;(iii) Wastewater service;(iv) Cable television; or(v) Broadband service.
(i) Electricity;
(ii) Water;
(iii) Wastewater service;
(iv) Cable television; or
(v) Broadband service.
(B) “Municipally owned utility system” includes without limitation a:(i) Consolidated waterworks system under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.;(ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.; and(iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;
(i) Consolidated waterworks system under the Consolidated Waterworks Authorization Act, § 25-20-301 et seq.;
(ii) Utility system managed or operated by a nonprofit corporation under § 14-199-701 et seq.; and
(iii) Utility system owned or operated by a municipality or by a consolidated utility district under the General Consolidated Public Utility System Improvement District Law, § 14-217-101 et seq.;
(12) “Poll” means a series of communications:(A) Between:(i) One (1) or more persons paid by a public entity or agents or employees of that public entity; and(ii) One (1) or more members of the governing body of that public entity;(B) Concerning any matter on which official action will foreseeably be taken by the governing body;(C) To determine:(i) How the member of the governing body intends to vote; or(ii) Whether the member of the governing body supports or opposes certain proposed action by the governing body; and(D) For the purpose of exercising a responsibility, authority, power, or duty of the governing body;
(A) Between:(i) One (1) or more persons paid by a public entity or agents or employees of that public entity; and(ii) One (1) or more members of the governing body of that public entity;
(i) One (1) or more persons paid by a public entity or agents or employees of that public entity; and
(ii) One (1) or more members of the governing body of that public entity;
(B) Concerning any matter on which official action will foreseeably be taken by the governing body;
(C) To determine:(i) How the member of the governing body intends to vote; or(ii) Whether the member of the governing body supports or opposes certain proposed action by the governing body; and
(i) How the member of the governing body intends to vote; or
(ii) Whether the member of the governing body supports or opposes certain proposed action by the governing body; and
(D) For the purpose of exercising a responsibility, authority, power, or duty of the governing body;
(13) “Public entity” means:(A) A bureau, commission, or agency of the state;(B) A political subdivision of the state, including municipalities, counties, and boards of education; and(C) All other boards, bureaus, commissions, or organizations in the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds;
(A) A bureau, commission, or agency of the state;
(B) A political subdivision of the state, including municipalities, counties, and boards of education; and
(C) All other boards, bureaus, commissions, or organizations in the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds;
(14) (A) “Public meeting” means the formal gathering together, in a special or regular gathering, of a governing body, whether in person or remotely.(B) “Public meeting” does not include:(i) The gathering together, whether in person or remotely, of the members of a governing body to discuss the settlement of a cause of action in a court-ordered alternative dispute resolution process, including without limitation a settlement conference or mediation; and(ii) A meeting of the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.;
(A) “Public meeting” means the formal gathering together, in a special or regular gathering, of a governing body, whether in person or remotely.
(B) “Public meeting” does not include:(i) The gathering together, whether in person or remotely, of the members of a governing body to discuss the settlement of a cause of action in a court-ordered alternative dispute resolution process, including without limitation a settlement conference or mediation; and(ii) A meeting of the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.;
(i) The gathering together, whether in person or remotely, of the members of a governing body to discuss the settlement of a cause of action in a court-ordered alternative dispute resolution process, including without limitation a settlement conference or mediation; and
(ii) A meeting of the Child Maltreatment Investigations Oversight Committee under § 10-3-3201 et seq.;
(15) (A) “Public records” means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records, including without limitation learning materials used in or maintained by a public school or public school district.(B) “Public records” does not mean software acquired by purchase, lease, or license;
(A) “Public records” means writings, recorded sounds, films, tapes, electronic or computer-based information, or data compilations in any medium required by law to be kept or otherwise kept and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records, including without limitation learning materials used in or maintained by a public school or public school district.
(B) “Public records” does not mean software acquired by purchase, lease, or license;
(16) “Public water system” means all facilities composing a system for the collection, treatment, and delivery of drinking water to the general public, including without limitation reservoirs, pipelines, reclamation facilities, processing facilities, distribution facilities, and regional water distribution districts under The Regional Water Distribution District Act, § 14-116-101 et seq.;
(17) “Remotely” means through electronic means, including without limitation by telephone, video conference, or video broadcast; and
(18) “Vulnerability assessment” means an assessment of the vulnerability of a public water system to a terrorist attack or other intentional acts intended to substantially disrupt the ability of the public water system to provide a safe and reliable supply of drinking water as required by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Pub. L. No. 107-188.