Circuit Court Rules Fort Smith School Board Violated Freedom Of Information Act

FORT SMITH (KFSM) — A Sebastian County Circuit Court ruled that the Fort Smith School Board violated the Arkansas Freedom of Information Act, according to a press release from Fort Smith attorney Joey McCutchen.

“The undisputed facts establish a meeting of the Fort Smith School Board took place in which public business was discussed, rationale was put forth and decisions were made,” Circuit Judge Stephen Tabor said. “The undisputed facts also establish that no notice was given.”

The release states that the circuit court also issued a permanent injunction prohibiting the school board from conducting public business in the future without first providing lawful notice as required by the Freedom of Information Act.

“As a strong believer in transparency in government, we are vindicated by this decision which upholds the public’s right to open government,” McCutchen said.

The court order states that the court does not believe that this violation was intentional or represents an attempt by the school board to deceive the public.