Arkansas School District Hesitates to Provide Football Coach Evaluations

Through the Arkansas Freedom of Information law, the Paragould Daily Press is seeking personnel records and evaluations related to the suspension of several assistant high school football coaches after a November 2009 overnight trip for a playoff game, but The Greene County Tech School District says releasing the documents would violate the coaches' right to privacy.

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Revised gun bill passes Ark. Senate

The Arkansas Senate passed a bill that was revised to keep the names and zip codes of concealed handgun permit-holders public while exempting all other permit information from FOIA, the Arkansas News reported. The original bill sought to exempt all permit information, but the sponsor of the bill agreed to a compromise with the Arkansas Press Association.

Legislation that would keep the names and zip codes of the holders of concealed handgun permits public but exempt other information from the Arkansas Freedom of Information Act received Senate approval Monday.

“This bill does very little,” Sen. Jerry Taylor, D-Pine Bluff, said while presenting House Bill 1623 in the Senate. The measure, which passed 34-0, now goes to the House for concurrence on an amendment.

The House, meanwhile, approved a bill that would give certain inmates serving life sentences more opportunities to apply for a pardon or commutation.

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Ark. bill to exempt executions from public record stalls

An Arkansas Senate committee is trying to reach a compromise concerning a bill that would exempt all "policies and procedures for carrying out the sentence of death and any and all matters related" from the Administrative Procedure Act and the FOIA, the Arkansas Democrat-Gazette reported. Execution procedures, including what drugs are used in executions, would then be left up to the prison director.

An attempt to amend state laws on executions stalled in a Senate committee Wednesday after members questioned the need for secrecy about what chemicals are used.

After a lengthy discussion, Rep. Bobby Pierce, D-Sheridan, delayed consideration of the bill so a compromise might be worked out between prison officials who want virtually the entire process to be exempt from the state's Freedom of Information Act and some members of the Senate Judiciary Committee who said they were concerned that too much would be concealed.

With perhaps two weeks left in the legislative session, Attorney General Dustin McDaniel's chief deputy, Justin Allen, promised to bring back House Bill 1706 before lawmakers depart the Capitol.

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Ark. House supports concealed handgun bill

An Arkansas bill to exempt records regarding concealed-carry permits from the state FOIA cleared a House committee and will now advance to the full House, where support is widespread, Arkansas News reported.

A bill to prohibit the release of the names and other information of Arkansans who hold permits to carry concealed handguns cleared a House committee Thursday.

House Bill 1623 by Rep. Randy Stewart, D-Kirby, received a “do pass” from the House Judiciary Committee. The bill would make records regarding concealed-carry permits exempt from the Arkansas Freedom of Information Act.

Stewart, a former Olympic shooter, filed the bill after a weekly newspaper made a list of the names and addresses of permit holders in the state available on its Web site last month.

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Children of Central Arkansas trustees get tuition breaks

FOI at work!

As a result of an FOI request, the Arkansas Democrat-Gazette learned that five current or former trustees of the University of Central Arkansas received tuition discounts for their children. This could present a conflict of interest, and officials are asking that this practice as least be made transparent and put in writing.

The children of trustees of the University of Central Arkansas have received up to 80-percent discounts on their tuition and fees, the Associated Press reports. Although the tuition breaks appear to be legal, according to a lawyer cited by the AP, trustees do not typically benefit from their board positions.

The discounts could be perceived as gifts, said Jim Purcell, the Arkansas higher-education director, according to the AP. They could also present a conflict of interest for trustees, who set policy for the institutions they serve.

In response to Freedom of Information Act requests from the Arkansas Democrat-Gazette, which first reported the discounts, the university named five current or former trustees who received discounts for their children’s tuition and fees.

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Newspaper under fire for story based on police report

Although newspapers have a "fair report privilege" ensuring their liable for printing potentially false information they obtained from police reports, a Houston lawyer says an Arkansas newspaper did not proceed responsibly in this case, the AP reported. The article in question centers around a woman who reported that she had been raped at Ryan Whiteside's house. Whiteside had been connected with the high-profile murder case of an Arkansas beauty queen in 2005. The Arkansas Supreme Court will hear his case against The Courier newspaper, which ran a front-page story on the rape accusation, which was later dismissed.

The slaying of an Arkansas beauty queen still dominated talk around Russellville when an 18-year-old woman told police she had been raped at the home of one of the men who discovered the murder victim's body.

The woman said she didn't remember everything that happened at Ryan Whiteside's house, but was sure she awoke next to Kevin Jones, who later was acquitted in Nona Dirksmeyer's death.

Arkansas State Police troopers investigated and dismissed the woman's allegations — a fact not disclosed until after the local newspaper ran a Page One story detailing the accusations against two men already involved in the high-profile murder case.

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May soon be easier to recover legal fees in Ark. FOI cases

The Arkansas House will soon vote on a bill that "would require attorneys' fees to be paid by a defendant if a plaintiff 'substantially' prevails in an FOI lawsuit," the AP reported. Winning plaintiffs would have to file a claim with the Arkansas State Claims Commission to recover these legal fees.

Legislation that would make it easier for plaintiffs who win Freedom of Information Act challenges to recover attorneys fees from government officials is headed to the House for a vote.

The House Judiciary Committee on Tuesday advanced a proposal that, in most cases, would require attorneys' fees to be paid by a defendant if a plaintiff "substantially" prevails in an FOI lawsuit. The measure by Rep. Lindsley Smith, D-Fayetteville, would not allow courts to force state agencies to pay attorneys' fees in FOI cases.

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Bill to allow background checks on Ark. officials voted down

The Arkansas House voted down a bill that would have resulted in public criminal history checks on elected officials and candidates for public office, Arkansas Business reported. The information is still public but remains difficult to obtain and compile.

House lawmakers rejected Friday a bill by Rep. Dan Greenberg that would have made the criminal records of elected officials and candidates for public office more accessible to the public.

The bill, which advanced from the Judiciary Committee after three hearings, was voted down 33-56, with 11 members not voting. The bill would have allowed the release of an official's guilty and no-contest pleas, as well as any pending felony or misdemeanor charges filed in the past three years. The bill, which was opposed by Attorney General Dustin McDaniel, did not include traffic violations.

"There's nothing that would be revealed by this bill the public cannot access already," Greenberg, R-Little Rock, said. "The practical problem, as you may know, is for a person to collect this information at present, it would require someone to go to all 75 counties."

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Ark. bill aims to curb FOI exemptions

If the bill passes through the Senate, new laws calling for FOIA exemptions in Arkansas will have to be specific in laying out what exact records or meetings it refers to.

The state House on Tuesday approved a bill it previously rejected that seeks to protect the Arkansas Freedom of Information Act from surreptitious tinkering.

In a 57-31 vote, the House approved House Bill 1050 by Rep. Dan Greenberg, R-Little Rock, which would require any new law creating an exemption to the FOIA to state clearly what records or meetings it is exempting.

The bill previously came before the House on Thursday and was narrowly defeated. After Tuesday’s vote, Greenberg told reporters that since Thursday he had contacted several House members individually and distributed a memo to all 100 House members offering a more thorough explanation of his bill.

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Medical school arranges private search for new chancellor

Applications for public jobs in Arkansas are subject to open records laws. So are searches conducted by private firms but paid for with public funding. But medical schools are using nonprofit foundations to hire these firms and bypassing the public process. Here's the latest at the University of Arkansas:

The University of Arkansas for Medical Sciences will use a private search firm to help find its next chancellor.

But the University of Arkansas Foundation Inc., not the university, hired the firm to keep applicants’ names private, said B. Alan Sugg, president of the University of Arkansas System.

“The firm will be talking to candidates about the possibility of coming here,” said Sugg, who will serve as chairman of a search advisory committee that includes faculty, health-care executives and corporate leaders.

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FOI at work: Obtaining records on foster-child deaths

A Freedom of Information Act request led to a disturbing find: four children assigned to foster homes by the Arkansas Department of Human Services have died in the last few months.

But the DHS is refusing to disclose more details citing a state statute that “Information on a pending [child maltreatment] investigation is confidential and may be disclosed only as provided in this section” — a section that does not include reporters or the general public.

Four children assigned to foster parents by the Arkansas Department of Human Services (DHS) have died in recent months — a shocking number for a state that hasn't had a foster-child death since 2003.

The number came to light thanks to a Freedom of Information Act request to the agency from the Arkansas Advocates for Children and Families (AACF).

But DHS has refused to release information about the nature of the deaths except to say that two of them are under investigation as maltreatment cases. Even after the State Police made an arrest in one of those cases on Aug. 11, DHS declined to comment further, citing a statute that prevents disclosure of ongoing department investigations.

Which raises the questions: When is DHS justified in withholding information about foster-child deaths? What sort of information should it be able to conceal? Is the public's need to know about the circumstances of the deaths outweighed by DHS's need to complete an investigation before putting details out in the open?

The Times asked DHS for basic information about the deaths: names if available, location and — most importantly — circumstances of death. What caused each child to die? What distinguishes a case that apparently involves child maltreatment from one that doesn't?

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Arkansas Reporter Wins Award for FOI Work

Helena Daily World reporter Michele Page has achieved a personal zenith in her three years of journalism as recipient of the Arkansas Press Association’s Freedom of Information Award.
Page was honored at the APA’s Super Convention Friday night at the Wyndam Riverfront in North Little Rock.

On accepting the award Page said, “It’s such an honor to be recognized along those that have dedicated 50 years to journalism. They forged the way for today’s journalists and I’m very pleased to meet and be included with leaders of our industry.

“The FOIA opens government to the public and makes sure it stays there,” Page continued. “I’ll continue to fight for the people’s right to know.”

Working under the supervision of Managing Editor Randy Hogan, Page was able to get the Helena-West Helena Police Department to correct years of departmental policy where citizens and businesses were overcharged for incident reports, and pressed to see that the FOIA was upheld after the HWHPD failed to fully comply to a records request, netting a rare arrest for alleged FOIA violation.

Hogan said of the honor: “The Freedom of Information Act is a precious right and freedom that we enjoy as Arkansans and Americans. Michele has worked diligently to ensure that the residents of Helena-West Helena and Phillips County have access to all of the records they are allowed under the law. She has done an excellent job of defending the FOIA. We at the Daily World are proud of her accomplishments and congratulate her on this prestigious award.”

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Secret Bonus to University Prez Raises Eyebrows in Arkansas

University of Central Arkansas President Lu Hardin got an extra $ 300, 000 in private funds as an incentive to stay - an action not confirmed publicly by UCA officials until Tuesday, two months after board members met.

A top administrator at UCA said the university's faculty senate has questioned whether the lack of openness surrounding the board of trustees' action, taken during a May 2 meeting, violated state law.

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Economic Development: None of Our Business?

A nice piece from Arkansas on an endlessly controversial practice:

The Arkansas Economic Development Commission is an agency that thrives on secrecy, so much so that big-name projects' real names aren't uttered until they're a done deal.

A Denmark windmill blade manufacturer's Little Rock plant was known around the office as "Project Zephyrus." When Hewlett-Packard Co. mulled a move to Conway for a new facility, proposals detailing the millions offered in state incentives simply referred to HP as "Project Sigma."

The secrecy, state officials say, is necessary to keep Arkansas in the hunt for major business projects. No company will come to the state if they fear that details of their internal operations will be splashed on the front pages of newspapers or lead the nightly local newscast.

Democracy and a free press, however, thrive on openness. So it's not anything new for the state's economic development arm and reporters to clash over access to information.

That rift appeared again in June as word leaked out of HP's decision to open a facility that will eventually employ 1,200 people in Conway. ArkansasBusiness.com was the first to report that HP was coming to Arkansas -- four days before the official news conference.

When the news got out, HP spokesmen and government officials from Gov. Mike Beebe on down declined on-the-record comment for the rest of the week.

Arkansas Economic Development Director Maria Haley appeared to criticize media for reporting on the development before it was announced, calling the leaks "extremely irresponsible."

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