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ARKANSAS FOI THROUGH THE YEARS
Compiled by David Robinson, FOIArkansas Project A time line of some key events leading up to and following the enactment of Arkansas Freedom of Information Act of 1967: 1965 December Attorney general says 1953 open meetings law allows for secret meetings of public bodies if ''privileged'' matters are discussed. Blame the law, Richard B. Adkisson, chief assistant attorney general, told irate reporters, according to an Arkansas Gazette story. 1966 January Arkansas editors and publishers of the Arkansas Press Association vote to push for a clear and concise open meeting law during the next session of the General Assembly in order that the press not be hindered in attending and reporting fully the meetings of boards, agencies, commissions and all other bodies that have the responsibility of spending public funds. March In a reversal of a Pulaski County chancellors ruling, the state Supreme Court rules that records of state funds deposited in Arkansas banks are public record. The Republican Party of Arkansas had filed suit for the records. May A Fayetteville chancellor rules that permanent voter registration lists in Madison County are public documents another victory for the Republican Party. 1967 January State Senate approves Freedom of Information bill 33-0. February House approves amended Freedom of Information bill 91-0. February Senate approves FOI bill a second time, 32-0, as amended by the House; Gov. Winthrop Rockefeller signs it into law. April New FOI law gets first test as Mayor Casey Laman of North Little Rock bans reporters from a meeting of the City Council with its attorney. The North Little Rock Times sues. August Attorney General says actions taken by public bodies in executive session are not valid unless the body reconvenes and votes in public. August Despite the new FOI Act, public bodies are still keeping information from reporters, says Sam G. Harris, director of public affairs and information for the Arkansas Gazette in a report to the General Provisions Committee of the Arkansas Constitutional Revision Study Commission. 1968 January Arkansas FOI Act is more tightly drawn than that of other states, Legislative Council study finds. October The FOI Act survives its first state Supreme Court ruling, which says the act clearly outlaws meetings of public bodies conducted secretly on the ground that they are conferring with their attorneys. 1971 May Pulaski County Prosecuting Attorney Jim Guy Tucker promises to prosecute public officials who violate the FOI Act. May Tucker says he will look into reported FOI Act violations by the University of Arkansas Board of Trustees. May Arkansas Gazette editorial says enforcement of the FOI Act has been virtually non-existent, and praises Tucker for his interest in enforcing the law. July Gov. Dale Bumpers issues an order for state agency heads to abide by the FOI Act. October Bumpers agrees to distribute to state agencies brochures entitled The Right to Know, which explain the FOIA. November Attorney General Ray Thornton says FOI Act does not permit the use of secret ballot voting by public bodies. December Bumpers sends another memo to agency directors, telling them: Government belongs to the people, and it's the people's right to know. December Arkansas Gazette editorial praises Bumpers and Thornton for giving the FOI Act a boost. 1973 February House panel rejects bid to open governors cabinet meetings to the public. February Arkansas Gazette reporter Tucker Steinmetz sues Secretary of State Kelly Bryant for restricting access to corporate filings with Bryants agency. March Bryant ignores Pulaski County Circuit Court order to open files to the public. Arkansas Gazette lawyer Vincent Foster Jr. confronts Bryant; Bryant says Gazette using Gestapo tactics and files for stay with state Supreme Court. The high court upholds the lower court order. Bryant opens files to reporters. 1974 January The Arkansas School Boards Association recommends amending the FOI Act to allow private meetings on student discipline and property purchases. January The Little Rock chapter of the Society of Professional Journalists, Sigma Delta Chi, pledges to fight efforts to weaken the FOI Act. September The Arkansas Bar Association considers ways to amend the FOI Act to allow for more private meetings of public bodies. September Arkansas Gazette editorial headline: Leave the FOI Alone. September A Pine Bluff Commercial editorial writes of the states leaders: If they can't gut it ... they may try to pepper it to death with a lot of little exceptions. September The Springdale News editorializes: The problem area, as we see it, lies with the General Assembly. Hopefully, there will not be too many members of the legislature who have an axe to grind. 1975 January Sen. John F. Mutt Gibson of Dermott is accused by Sen. Allen of attaching a bill-killing amendment to a bill making more government records public. January Senate kills expanded FOI bill. February Arkansas Gazette editorial accuses Gibson and Sen. Max Howell of Jacksonville of having killed the measure by attaching a controversial amendment. February The Senate approves a new FOI measure that makes committee meetings of governing bodies open to the public. March House defeats measure passed by the Senate that would have expanded the types of records available to the public. The 1967 law had left a loophole by making public only those records required by statute. School officials were the primary opponents of the measure. March House defeats a measure to make committee meetings public. May State Supreme Court rules that committees of public bodies cannot meet in secret, reversing a Pulaski County Circuit Court ruling that allowed a reporter to be barred from committee meetings of the University of Arkansas Board of Trustees. Two hours after the ruling, the Legal Committee of the UA Board of Trustees meet in an unannounced, closed session and afterward refuses to say what had been discussed. May The Supreme Court decision on secret meetings is called a great victory for freedom of information in this state, by John Thompson, president of the Little Rock Chapter of the Society of Professional Journalists, Sigma Delta Chi. The decision also was hailed by newspapers statewide, with their editorials being reprinted in an edition of the Arkansas Gazette. December Atlanta-based Southern Regional Council outlines weaknesses of states FOI Act following a study backed by eight state and local organizations. 1976 January Arkansas Gazette editorial warns of a wholesale revisionof the FOIA proposed in a Senate bill by Sen. John F. Bearden Jr. of Leachville. January Senate votes 27-6 to amend the FOIA making it easier to close meetings of public bodies. January Gov. David Pryor says he will veto the bill, saying it marks the beginning of a gradual erosion of the Freedom of Information Act. February The Pine Bluff Commercial appeals to the Arkansas Supreme Court a Jefferson County circuit court ruling that allowed a closed meeting by the state correction board to discuss the death of an inmate. April Lynn F. Wade, a Fayetteville lawyer and a former member of the state correction board, is honored for refusal to meet with other members of the correction board in an executive session to discuss an inmates death. Wade receives the first Freedom of Information Advocate award from the Society of Professional Journalists, Sigma Delta Chi at Region 12 meeting. December Arkansas Supreme Court rules that governing bodies cannot meet informally, even if a quorum is not present. 1977 February Arkansas Gazette asks state Supreme Court to direct Circuit Judge Henry M. Britt of Hot Springs to stop excluding reporters from in-chambers hearings. February Rep. Boyce Alford of Pine Bluff, who opposed expanding access to government documents, is criticized on editorial pages across the state for saying, the press and the public already know too much. March Gov. Pryor signs into law a measure by Sen. John F. Bearden of Leachville that broadens the definition of public records, although Pryor says he is concerned that some records could be exploited for commercial gain. March Pryor issues executive order in an attempt to restrict access to documents, such as drivers license records, from commercial uses. April Arkansas Supreme Court says the correction board did not violate the FOI Act by meeting in closed session to discuss the death of an inmate, as well as other policy matters. April Arkansas Supreme Court rules the Arkansas Committee of the North Central Association of Colleges and Schools, a private organization, is subject to provisions of the FOI Act because it is supported by public funds. April Following the two Supreme Court decisions, an Arkansas Gazette editorial says it can't make sense of the courts widely divergent attitudes on the FOI Act. 1979 February Municipal Judge Fred Engeler of Mountain Home gets no support in a bid to stop the Baxter Bulletin from printing court convictions and fines. Engeler had asked the Mountain Home City Council and the Chamber of Commerce to oppose the newspapers practice. 1980 July Circuit Judge John Cole of Sheridan orders members of the Benton Board of Directors to stop holding secret meetings in violation of the FOI Act. 1982 June Three members of the Clinton Road Water Improvement District 328 are arrested and charged with violating the FOI Act. September Heber Springs Mayor H.G. Boxie Smith is arrested on an FOI Act violation charge. October William Arnold, a Crossett lawyer and past president of the Arkansas Bar Association, says in an Arkansas Gazette column that the media is infringing on the rights of criminal defendants by publishing information that could prejudice a jury. 1983 January A Springdale News editorial criticizes the Arkansas Municipal League for planning an attempt to weaken the FOI Act. January The Nashville School Board violated the FOI Act by discussing the creation of a new position while in executive session, rules Howard County Circuit Judge Ted C. Capeheart. March Rep. Lloyd McCuiston of West Memphis withdraws a bill that would have weakened the FOI Act, saying he did not want to get into a fight with the newspapers. The Arkansas School Boards Association and the state Municipal League backed the bill. 1985 January Journalist groups file suit against the Eureka Springs mayor and city council for allegedly meeting in closed session to discuss a property tax increase, which it passed in a public vote without discussion. January Prosecutor David Clinger of Bentonville charges the Eureka Springs mayor and city council with violation of the FOI Act. April Mistrial declared in Eureka Springs case after jury deadlocks on the matter. Prosecutor wont seek new trial, drops charges. April Eureka Springs Alderman William King, who had pled guilty to the FOI Act charge prior to the trial, pays $25 fine and $57.25 in court costs. June Eureka Springs mayor and aldermen acknowledge they violated the FOI Act in a settlement of the civil suit by journalist groups, but the agreement says there is no evidence the violation was willful or intentional. 1989 February The state Supreme Court rules that Attorney General Winston Bryant violated the FOI Act by refusing to turn over internal documents concerning an Arkansas Western Gas Co. natural gas price case. 1990 December State Supreme Court rules in a suit brought by the Springdale News that the city of Fayetteville could not, under the FOI Act, withhold records by putting them in the hands of a private attorney who has been substituted for the city attorney. 1991 September The Fayetteville School District releases a recently fired superintendent's personnel file 11 days after the Arkansas Democrat-Gazette filed suit alleging that withholding the file violated the FOI Act. December The state Supreme Court rules in a case brought by the publisher of the Pine Bluff Commercial that jail logs must be available for reasonable inspection at all times during ... hours of operation. 1992 November The Craighead County Sheriff's Office should have released the names of three juveniles arrested on a variety of federal charges, including murder, the state Supreme Court says in reversing a lower court decision in FOI Act lawsuit by The Jonesboro Sun. 1993 January Journalist groups meet to prepare for proposed legislation that would exempt litigation files of government attorneys from the FOI Act. February An amendment to the FOI Act is filed that would delay the disclosure of documents produced by attorneys defending local, county or state agencies during the course of litigation. March Senate committee defeats proposed FOI Act amendment on access to attorneys papers. 1995 November State Supreme Court rejects a Fort Smith group's effort to obtain Arkansas Health Department information showing the number of abortions performed in Sebastian, Crawford and Washington counties. 1998 March State Supreme Court rules that a Fort Smith lawyer had no right under the state's Freedom of Information Act to be given the home addresses of two local police officers, saying it would be an unwarranted invasion of privacy. December The state Supreme Court strikes down a lower court ruling that barred Attorney General Winston Bryant from suing for public access to Gov. Mike Huckabee's anti-corruption telephone hotline records. A circuit judge had said only a private citizen could challenge Huckabee's refusal to open the records. 1999 April State Attorney General Mark Pryor says two quorum court members can meet and discuss business, but they can't violate the intent of the Arkansas Freedom of Information Act by gathering in a series of small groups to lobby for a cause. April The state Supreme Court rules that public bodies don't have to notify the news media of special meetings if the media haven't requested they be notified. Sebastian County Circuit Judge John G. Holland had ruled that a special meeting of the Huntington mayor and city council to fire the police chief was illegal because all news media in Sebastian County were not notified of the meeting. |
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A collaborative effort of Arkansas News Bureau, the Log Cabin Democrat of Conway, the Pine Bluff Commercial, the Southwest Times Record in Fort Smith, The Jonesboro Sun and The Morning News of Northwest Arkansas |
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