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JONESBORO --- City officials admitted Tuesday the city violated the Arkansas Freedom of Information Act when it did not turn over requested public documents to a local businessman in a timely fashion. The admission of the FOIA violation was among stipulations to which the city agreed during a hearing Tuesday morning in Craighead County Circuit Court before Judge John Fogleman.
Alec Farmer, a Jonesboro businessman, filed a complaint in the court Nov. 5 against the city alleging that he was denied access to public records which he requested.
Farmer on Oct. 15 and Oct. 22 requested documents regarding the paving of gravel roads within the city and rights of way on public roads, specifically in regard to the city's rights of way for West Matthews Avenue and Cemetery Lane.
Under provisions of the state Freedom of Information Act, public officials have three working days to release public documents, if the paperwork is in storage. Otherwise, the documents must be released upon request.
Prior to Tuesday's scheduled hearing on the issue, Mayor Hubert Brodell and his assistant, Larry Johnson, met with City Attorney Phillip Crego to discuss the stipulations.
At first the city officials did not want to admit violating the FOIA but agreed after Farmer indicated he would proceed with the hearing if the stipulation was not granted.
Following the proceeding, Farmer said it was unfortunate that the matter had to reach circuit court before being resolved. "I believe the city had an obligation and was legally bound to respond to a citizen's request for public records," Farmer said as he prepared to leave the courtroom with his legal counsel, Jim Lyons of Jonesboro. "I have been trying to get this information and work with the city for about four years."
Farmer stressed that this complaint was against only a few city officials and not Jonesboro itself.
"This city has been good to my family," Farmer said. "My complaint was primarily with the mayor."
Lyons added that he was pleased with the decision. "It was simply a matter that is necessary in a democratic society ... to have public records that are open for inspection," Lyons said. Crego said the city planned to implement a new policy that would address the release of public records in a more timely fashion. "There is a problem in the system at this point, but the problem will be corrected," Crego said.
The other stipulations agreed to Tuesday were:
- The city will provide Farmer with a list of 239 gravel roads that were not part of the Metropolitan Area Traffic Authority (MATA).
- The city will provide Farmer with copies of 56 right-of-way agreements and/or petitions for rights of way that are not included in the MATA project.
- The city will provide Farmer with information that there are no survey records for the 239 gravel roads.
- The city will provide Farmer with copies of contracts, drawings, petitions for rights of way or right-of-way agreements for 10 to 14 roads that were graveled since Oct. 1, 1997.
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