Information access issues raised during Fort Smith board session

A discussion about the relationship between the Fort Smith board of directors and the city’s internal auditor resulted in raising questions about what information citizens should and should not have access.

Revisions of municipal code reviewed Tuesday (May 11) by the board during a study session focused on the process for board members to request info from city staff.

The city auditor role, now held by Mitzi Kimbrough, is designed to provide board members a way to ask questions or seek information without having to go through the city administrator’s office.

A new paragraph in the “Administrative assistance to the board of directors” section would require the board to go through the city administrator for information “that is not routine or is not readily available.” Several directors were concerned the new language would weaken the internal auditor position and process.

City Director Gary Campbell expressed concern over who is responsible to define routine or readily available. City Director Bill Maddox said it’s not anyone’s business what he asks of the internal auditor.

“I don’t want the whole world to know what questions I may ask you,” Maddox said to Kimbrough.

City Administrator Dennis Kelly attempted to suggest that communication between elected officials and staff is supposed to be transparent. Maddox interrupted Kelly’s response.

“That word ‘transparency’ is overused today,” Maddox said.

Kelly responded by saying the city has to strike a balance between real investigations and the public’s right to know what is going on in city government.

Maddox stuck to his guns when quizzed by the media after the study session. When asked about what citizens do and do not have a right to know about communication between staff and elected officials, Maddox said when he hears of “a serious situation,” he doesn’t want to embarrass anyone by having to ask for “a simple look-see” to determine if the issue has merit.

“It is in the public interest if it (an allegation) is true. If not, there is no public interest,” Maddox said.

Maddox balked at other questions on the subject, suggesting instead that The City Wire was seeking to “twist” his words.

Deputy City Administrator Ray Gosack said the new provision does not limit the directors’ ability to bring sensitive issues to Kimbrough. Gosack also noted that the serious situations to which Maddox referred are covered by laws that allow for materials related to investigations into public matters to be kept private during the investigation.

“There is nothing in this that limits the directors’ ability to investigate a matter. … And that (Arkansas Freedom of Information Act) has clauses protecting ongoing investigations (from disclosure),” Gosack noted.

The FOIA does provide protection against disclosing information about investigations underway by law enforcement agencies, disclosing personnel records and other potentially sensitive matters. However, the law does not appear to provide specific protection against requests for information between an elected officer of a municipal board and city personnel.