FOIArkansas Project

The options are limited for Arkansans who believe government officials have violated the state Freedom of Information Act.

“Go see your prosecuting attorney and have a conversation with him,” said Michael Teague, spokesman for Attorney General Mark Pryor. “And file a written complaint.”

Prosecutors have the discretion to file criminal charges, although most will seek a remedy short of prosecution, a survey of state prosecutors by the FOIArkansas Project showed.

Citizens also can seek civil remedies by suing officials they believe have violated the law.

Violating the FOI Act is a misdemeanor, punishable by a fine of up to $200 or 30 days in jail, or both, or a sentence of appropriate public service or education, or both.

In successful civil actions or appeals by citizens whose rights are denied under the act, the law says judges must award “reasonable attorney fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed’’ except in certain circumstances.

Another avenue for citizens, although not a remedy, is to publicize the alleged violation.

News organizations usually are interested in reporting violations of the FOIA, Teague said.

The attorney general’s office cannot take action if a violation of the FOIA has occurred, Teague said.

“We’re just a clearinghouse on FOI,” he said. However, citizens can call the attorney general’s office if they have a question about the FOIA.

The attorney general’s office operates one of two statewide FOI hotlines; the other is run by the Arkansas Press Association in Little Rock through the Williams and Anderson Law Firm.

The attorney general’s FOI hotline is (800) 482-8982; the Arkansas Press Association number is (501) 372-0800.