A Sebastian County Circuit Court ruled today that the Fort Smith School Board violated the Arkansas Freedom of Information Act.
The violation concerned a series of emails regarding a slate of School Board officers that occurred over several days. The actions were challenged by Fort Smith residents June Bradshaw and Greg Murray.
Circuit Judge Stephen Tabor said, in his Order, “[t]he 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.The undisputed facts also establish that no notice was given.”
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.
Joey McCutchen, the attorney for the plaintiffs in the lawsuit said, “As a strong believer in transparency in government, we are vindicated by this decision which upholds the public’s right to open government.”
McCutchen also indicated that, while he has the right to seek attorneys’ fees plus court costs in the matter that he was not going to do so unless an appeal was taken.
McCutchen indicated that if the Fort Smith School Board was willing to forego any right that it may have to appeal that he would waive seeking any fees or court costs.