FORT SMITH, Ark. — Though Arkansas Municipal Code allows procedures for removing items from an agenda, Little Rock Attorney and Freedom of Information Act (FOIA) expert Robert Steinbuch argued that the way “part” of an item was removed from the Nov. 16 Fort Smith Board of Directors meeting agenda was a FOIA violation and constituted a secret meeting.
Sebastian County Circuit Judge Greg Magness heard arguments Wednesday (Dec. 15) from both sides concerning a lawsuit alleging FOIA violations by the city of Fort Smith. The suit was filed Dec. 7 in Sebastian County Circuit Court by Fort Smith attorney Joey McCutchen on behalf of Kristin Kitchens.
The complaint and amended complaint alleged that the Fort Smith Board of Directors engaged in secret meetings by way of one-on-one conversations between City Clerk Sherri Gard and city directors concerning two proposals related to a 0.75% Sales and Use Tax. The complaint states the board privately rejected a proposal that would have given a percentage of the money collected by the tax to the parks department, according to McCutchen. His complaint alleges the vote constituted an informal meeting and illegal vote which was not public and for which no notice was given.
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