# Custodian Response Letter The Conway Police Department's nine-page item-by-item response to Joshua Dunlap's twelve-item (A–L) supplemental FOIA request. It is the key document of `PD-2026-477`: a withholding letter that produces four record categories, withholds four in full, and refers four to the City of Conway, grounding every withholding in the Arkansas Automatic License Plate Reader System Act and three Arkansas FOIA exemptions. It is signed "Custodian of Records, Conway Police Department"; no individual is named. ## What's inside A nine-page letter, image-only and OCR'd at 300 DPI. The letter bears the date **5-19-26** — the date the supplemental was filed; the production was delivered **2026-05-22** per the JustFOIA completion notice (Gmail thread `19e4fe6bc7700b88`). It addresses each lettered item A through L, followed by sections headed "Redactions and segregability," "No duty to create new records," and "Conclusion." The letter states its statutory framework up front: it reviews the request "under the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101 et seq.; Arkansas's Automatic License Plate Reader System Act, including Ark. Code Ann. §§ 12-12-1802, 12-12-1805, and 12-12-1808; and other applicable law" (p. 1). ## Key takeaways - **The response is a withholding letter.** Its own opening summary: "Some responsive records are being produced or have previously been produced. Some records are not in the custody or administrative control of the Conway Police Department. Other requested records are withheld because they contain, reveal, or are derived from captured plate data, individual automatic license plate reader system activity, undisclosed law-enforcement investigations of suspected criminal activity, computer-system access controls, network permissions, system configuration, security-related information, or personal contact or financial information" (p. 1). - **It states a "prior production does not waive" principle and applies it across the response.** Verbatim (p. 2): *"A prior production of a record or record category does not determine the Department's current legal review and does not waive statutory restrictions or exemptions applicable to captured plate data, LPR-derived data, investigative records, computer-system security information, personal contact information, or financial/payment information."* The principle is restated in item K (p. 7). It is the hinge of the disclosure-posture reversal — see [[_overview]]. - **It draws a public-versus-non-public line.** The letter distinguishes "the public compiled practice-and-usage data required by Ark. Code Ann. § 12-12-1805" from "[i]ndividual Flock search logs, query records, audit logs, network-sharing exports, user-activity records, access logs, export/download/share logs, hot-list records, device records, search terms, case numbers, plate numbers, partial plates, date/time search parameters, camera groups, and user-by-user activity," which it states "are not treated as public practice-and-usage data" (pp. 1–2). - **It quotes the statutory definition of "captured plate data."** Per the letter (p. 1): Arkansas law defines captured plate data "to include global positioning device coordinates, date and time, photographs, license plate numbers, and 'any other data captured by or derived from any automatic license plate reader system.' Ark. Code Ann. § 12-12-1802." Disclosure of captured plate data is "restricted by Ark. Code Ann. § 12-12-1808" and permitted only to the registered owner, with that owner's written consent, or as the Driver's Privacy Protection Act, 18 U.S.C. § 2721 et seq., permits. See [[Arkansas Automatic License Plate Reader System Act]]. - **Item-by-item disposition** (full detail in [[_overview]]): - **Produced:** E (contract, Order Form, MSA, signature page, amendment, procurement records, with redactions); F (the semi-annual practice-and-usage LPR report; no completed H1 2026 report exists); L (pre-Flock LPR procurement records, with redactions); and the CPD-held financial records under C. - **Withheld in full:** D (SharedNetworks/network-sharing snapshots); G (the full-life Federal Searches export); H (currently-enabled custom hot lists); I (pre-April-2025 audit logs). - **Referred to the City of Conway:** A (City Council records); B (Mayor's Office records); the City-Council portion of C; J (DOT right-of-way permitting). - **The conclusion names the statutes relied on.** Verbatim (p. 9): "The Department is withholding the categories of records identified above under Ark. Code Ann. §§ 12-12-1802, 12-12-1808, 25-19-105(b)(6), 25-19-105(b)(11), and 25-19-105(b)(13), as applicable." - **"No duty to create new records."** The letter states (p. 8) that Arkansas FOIA "does not require the Department to create a new record, generate a new current snapshot, create a custom export, compile information into a new format, or generate a report that is not already maintained as a public record" — the basis for declining item D's request for a current SharedNetworks snapshot. ## People and orgs mentioned - [[Conway Police Department]] — the responding agency. - **Custodian of Records, Conway Police Department** — the letter's signature block; no individual is named. - Joshua Dunlap — the FOIA requester (correspondence side; not a corpus actor). ## Concepts invoked - [[Arkansas Automatic License Plate Reader System Act]] - [[Automatic License Plate Reader (ALPR)]] - [[Flock Audit Logs and Retention]] - [[Flock Network Sharing - Hot Lists]] - [[Federal LE Data-Sharing Pipeline]] ## Events documented - [[2026-05 Conway PD PD-2026-477 Withholding Response]] ## Cross-references - [[_overview]] — the production overview, with the items-A–L disposition and the disclosure-posture reversal set out in full. - [[SharedNetworks 2025-12-17 Snapshot]], [[Federal Searches CSV]], [[Conway PD Audit Logs Series]] — the `PD-2026-354` records the letter's items D, G, and I withhold the equivalents of. - [[Arkansas Automatic License Plate Reader System Act]] — the concept page for the statutes the letter cites. ## Open questions / follow-ups 1. **The reason for the posture change is not stated.** The letter applies the "prior production does not waive" principle but does not state why categories produced in `PD-2026-354` are withheld here. 2. **The withheld categories (D, G, H, I)** are candidates for a FOIA appeal — recorded in `PLAN.md`, out of scope for this ingest. 3. **The signed signature page.** Item E states the Department is producing "signature page" records; no executed signature page appears in the production (see [[Flock Safety Order Form]], [[Flock Master Services Agreement]]). > [!note] OCR caveat > `Dunlap Response.pdf` is image-only and was OCR'd at 300 DPI. The OCR introduces minor character noise (e.g., "88" for "§§", "Cc." for the item-C header, "1." for the item-I header, "financia/payment" for "financial/payment"). The verbatim quotations on this page were checked against the raw PDF and corrected to the letter's actual text. For any deliverable that quotes the letter, refresh from `raw/conway-pd/PD-2026-477/Dunlap Response.pdf`.