FORT SMITH - The Fort Smith City Administrator says he plans on leading an appeal of a lawsuit loss regarding Freedom Of Information Act violations pertaining to communications between city board members.
Talk Business and Politics reports this week that Carl Geffken plans on appealing the decision from Judge J. Michael Fitzhugh after a thirty day period in which the opposing attorney and his client can submit expenses.
Plaintiff attorney Joey McCutcheon took to social media to state that his client had offered the city a much cheaper option than the appeal.
“Two days ago, I hand delivered a letter and Order to City Attorney Canfield, stating that Bruce Wade would agree to waive costs and attorney fees if the City Directors agreed to forego an appeal.” McCutcheon stated. “It was the second time Bruce Wade had offered to waive attorney fees in this case, which will amount to tens of thousands of dollars.”
McCutcheon says he would like to know more about Geffken’s authority to file an appeal.
“I have three questions. Under what authority does Carl Geffken have to appeal a case that will cost the taxpayers $100,000 or more without a vote by the City Directors? The City Directors are accountable to the people. Or secondly, did the City Directors have another secret vote where they discussed this public business, either by secret email, over the phone, or in a backroom at City Hall without notifying the public? Third, how would Director Lau know that the City was going to appeal if he has not spoken or emailed with other Directors?” McCutcheon asked. “If the City believes that creating a repository for emails without giving notice to the public is legal under FOIA, as Director Lau states in this article, then the City better be ready to defend another FOIA lawsuit and waste more taxpayer dollars.”
Following the thirty day period in which McCutcheon can submit expenses, the city will have a twenty day period to respond. The appeal would be permissible to file following the fifty-day mark.
The appeal was not addressed at this week’s study session of the Fort Smith City Board.
