FOIA School Board Lawsuit Settled

Attorneys McCutchen and Napurano are victorious in a recent FOIA law suit!

The Freedom of Information Act (FOIA) is a stellar law that provides the public the right to request access to information from:

• agencies

• county government

• municipal government

• state government

• public schools

See this victorious lawsuit by McCutchen and Napurano because it stands as the perfect example of why we need transparency in government!

Here’s the press release:

Fort Smith Attorneys Joey McCutchen and Stephen Napurano announced today that they have settled a lawsuit against the West Memphis School District and Board of Education for violating the Arkansas Freedom of Information Act (FOIA).

The lawsuit arose following the termination of former West Memphis School District Superintendent Richard Atwill’s contract during a Board meeting in April 2023. During the April meeting, the Board entered executive session to discuss a “personnel matter.” After returning from executive session, the Board voted to terminate Superintendent Atwill’s contract and approved a $350,000 severance package. According to Board Member Dr. Kimberly Wolfe, no explanation was given for Atwill’s termination. The Board then named Willie Rhoades as interim superintendent nearly a day after terminating Atwill’s contract.

The Board announced in May 2023 that Dr. Terrence Brown was selected as the new superintendent after the Board conducted interviews. No notice of these interviews was given to the public or media in clear violation of FOIA. Emails obtained through a FOIA Request showed that the Board secretly interviewed four candidates for the superintendent position. The candidates were Terrence Brown, Wyonia Scott, Toriano Green, and Rodriguez Broadnax.

The suit alleged that the West Memphis School District and Board of Education violated FOIA by not providing notice of the interviews to the public and media.

McCutchen said, “There was to be complete lack of transparency by several board members beginning with the termination of Dr. Richard Atwill, the payment of $350,000 of taxpayer money, and concluding with the secret hiring of the new replacement Superintendent Terrence Brown.”

McCutchen added, “This lawsuit is a perfect example of why the people of Arkansas are pursuing a constitutional amendment and peoples’ act to enshrine the right to transparency in our constitution. This case is the perfect example of  the need in the peoples’ law to allow a Circuit Court to hold individual wrongdoers personally liable with the imposition of a $1,000 civil penalty which will not be satisfied with public funds. Conduct rewarded is conduct repeated.”

[Bold emphasis added by Secure Arkansas]

Read the court order here:   Agreed Order for court case no. 18CV-23-897

We know that we need more transparency, not less. Everyone that’s been elected, appointed, or employed in government works for us, the taxpayers! Our government has become so authoritarian and corrupt now, the public trust is at an all-time low. So, if you believe in government transparency, please be sure to sign the current FOIA petitions being circulated.

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Shockingly, during this last 2023 legislative session, the majority of the Arkansas Republican legislators attempted to totally dismantle 1/2 of Republican Governor Winthrop Rockefeller’s crowning achievement, our FOIA law, by targeting the open meeting provisions of FOIA. Many of the legislators wanted to weaken Arkansas’ laws about public access to public documents — and this involves our right to access what elected officials are doing in matters of the public’s business.

The Arkansas lawmakers’ actions to conceal transparency and dismantle our Sunshine Law are unacceptable! WHY would they want this?… unless there’s something to hide from the public. Transparency is important because the public is FED UP with all the criminal cover-ups for which the government is famous.

Remember, just because they are Republicans doesn’t make them a good guy. These guys are RINO’s (Republican In Name Only) and can’t be trusted. Please vote those traitors out of office as soon as you can, and help us get the FOIA petitions on the ballot this November. We will need your help protecting our FOIA and also with canvassing your friends and family so they can sign the FOIA petitions, too.

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Securing the blessings of liberty,

Secure Arkansas
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