N. Police records.

The FOIA exempts “[u]ndisclosed investigations by law enforcement agencies of suspected criminal activity.” Ark. Code Ann. § 25-19-105(b)(6). The exemption applies only to those agencies that investigate suspected criminal activity under the state penal code and have enforcement powers. Legislative Joint Auditing Committee v. Woosley, 291 Ark. 89, 722 S.W.2d 581 (1987). A record must be investigative in nature to fall within the exemption, Hengel v. City of Pine Bluff, 307 Ark. 457, 821 S.W.2d 761 (1991), and only records of “ongoing criminal investigations” are exempt. Martin v. Musteen, 303 Ark. 656, 799 S.W.2d 540 (1990); McCambridge v. City of Little Rock, 298 Ark. 219, 766 S.W.2d 909 (1989). For discussion, see Part II.A.2.f of this outline. An exemption added to the FOIA in 1993 protects the “identities of law enforcement officers currently working undercover with their agency and identified in the Arkansas Minimum Standards Office as undercover officers.” Ark. Code Ann. § 25-19-105(b)(10)(A).

Additionally, personnel records that would otherwise be disclosable are exempt if they are being used in connection with an ongoing criminal investigation. Ark. Op. Att’y Gen. Nos. 97-079, 95-351, 93-300, 93-055. The same is true with respect to attorney work product of the prosecutor. Ark. Op. Att’y Gen. No. 99-110.