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Judge rules in favor of city of Fort Smith on alleged FOIA violation

Fort Smith Attorney Joey McCutchen filed the lawsuit in Sebastian County Circuit Court Dec. 7.

FORT SMITH, Ark. — Circuit Court Judge Greg Magness on Thursday (Dec. 16) ruled in favor of the city of Fort Smith in a lawsuit alleging Freedom of Information Act (FOIA) violations on the part of the city in regard to proposals related to a 0.75% sales and use Tax, stating the city did not violate the law.

Fort Smith Attorney Joey McCutchen filed the lawsuit in Sebastian County Circuit Court Dec. 7 on behalf of Kristen Kitchens alleging 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 stated the Board of Directors privately rejected a proposal that would have given a percentage of the money collected by the tax to the parks department.

According to the complaint, the vote constituted an informal meeting and illegal vote which was not public and for which no notice was given.

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