FORT SMITH (KFSM) -- Thursday (Dec.29) the Fort Smith School District board members met to discuss a lawsuit filed against them.
Fort Smith attorney Joey McCutchen filed a lawsuit alleging board members violated the Freedom of Information Act using emails to discuss the election of board officers.
On Dec 22. McCutchen issued the school district's attorney a letter stating the lawsuit would be dropped if the board agreed to certain stipulations. McCutchen listed those stipulations at Thursday's (Dec.29) meeting.
"I made a simple proposal. Admit that you violated the Freedom of Information Act, don't let it happen again and get training so that we are not going to have these. This is a, in my opinion, a very clear violation of Freedom of Information Act and I want it on a public record. I want it signed by a judge," McCutchen said.
Some board members said they were unaware that a deal had been proposed until the night before Thursday's (Dec. 29) meeting.
"I didn't know anything about this until last night when I watched the 6 o'clock news," said board member Bill Hanesworth.
The school district was closed for business Dec. 23rd- Dec. 27th. The offer from McCutchen required a 24 hour notification and decision.
At Thursday's (Dec.29) McCutchen mentioned he would still extend the offer even though the deadline had passed.
At Thursday's (Dec. 29) meeting the board faced two decisions. They could accept the deal and settle the lawsuit out of court or they could vote to proceed with the lawsuit in court.
"I'm still not comfortable with either decision," said board member Jeannie Cole.
"I just want to make sure everyone knows that I will not sign anything where I am admitting fault," said member Talicia Richardson. Member Yvonne Keaton-Martin replied with, "nor will I."
The cost of fighting the lawsuit in court was a big part of the discussion. The board president called the initiative extortion.
"We had board members that were hesitant to go forward with the lawsuit because of the potential cost. Our plaintiff is not being charged any legal fees. Her attorney is doing it. He's donating his time. So it is not costing June Bradshaw or Mr. McCutchen a cent. The lawsuit we already have is up close to $70,000," school board president Deanie Mehl said.
McCutchen said he would waive all costs and attorney fees.
"This is about open government. This is about emails that were conducted under the radar screen. This is about discussion the public should have heard and the public did not get to hear," McCutchen said.
At the end of the meeting two board members voted to move forward with the lawsuit. The final decision was made by the four board members who voted to table the decision and discussion by adding it to the agenda of January 18th's committee meeting.
McCutchen said he will push to get the case before a judge.
"We may have the trial before the 18th. I am going to push for an immediate trial date," he said.