Dear Editor and Citizen
Our local city and county elected officials. Must be monitor and held accountable for their actions. Some are holding illegal meetings calling them special and work meetings without proper notice to the media and general public, also denying citizens to speak at regular meetings and the opportunity to be placed on the agenda. These are efforts to avoid public participations; they are denying citizens their rights to participate in our government process - government of the people, by the people, for the people.
In accordance with the Freedom of Information Act - the People Law.
Specifically, it states: Except as otherwise provided by law, all meetings, formal and informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts, and all boards, bureaus, commissions or organizations of the State of Arkansas, except Grand Juries, supported wholly of in part by public funds, or expending public funds, shall be public meetings.
1. Further, the FOIA also requires that at least two (2) hours notice be given of an emergency or special meeting, to media which have requested to be so notified, “in order that the public shall have a representative at the meetings.”
2. A governing body must hold a public meeting even if it only purpose is to gather information.
A group meeting of the members of a city council, even if less than a quorum, is subject to the FOIA if members of the council discuss or take action on any matter on which foreseeable city council action will be taken. The Act covers informal, unofficial group meetings for the discussion of governmental business.
Citizens have a right of public participation with respect to county quorum court meetings. Under Arkansas Code Ann 14-14-109. The quorum court must allow citizens a “reasonable opportunity to participate prior to a final decision” Opinion No. 99-248.
A violation may also occur in the event successive meetings of two members are held prior to action by the governing body, thereby avoiding public discussion. Also a violation is most likely to occur if the two members meet with other individuals concerning matters on which the whole governing body will foreseeably act. Opinion Nos. 2003-376,96-317,96-067, and 95-227
A person who negligently violates the FOIA is guilty of a Class C Misdemeanor.
Respectfully,
Onie Norman
