City of Fort Smith faces FOIA lawsuit related to internal auditor issue

The botched attempt by the City of Fort Smith to hire an internal auditor is not going away quietly. Fort Smith attorneys Joey McCutchen and Stephen Napurano filed a lawsuit alleging Freedom of Information Act (FOIA) violations related to the issue.

The complaint was filed Friday (May 2) in the Sebastian County Circuit Court with the city and Acting City Administrator Jeff Dingman listed as defendants.

The board on April 22 unanimously approved a resolution to hire Rebecca Cowan for the position of internal auditor with an annual salary of $110,000. On April 23, Talk Business & Politics was the first to report that Cowan faced felony charges related to a 2024 stalking charge. Cowan, who is scheduled for court in Poteau on May 21, is charged with a felony but is not a convicted felon.

On April 24, the board met in a special called session to rescind the resolution to hire Cowan. Board members interviewed by Talk Business & Politics said they were not aware of Cowan’s legal situation prior to the April 22 vote.

The board on April 29 voted to authorize Dingman to “initiate” any appropriate disciplinary actions against Rick Lolley, the city’s HR director. Lolley, based on responses from the city to previous questions by Talk Business & Politics, did not provide the board all the background info on an internal auditor candidate.

Specifically, the complaint filed Friday alleges that the city failed to provide requested documentation, and that emails provided to McCutchen by City Director Christina Catsavis provided proof that the city had information and emails requested by McCutchen through an FOIA. The complaint also notes that the city failed to meet statutorily required deadlines in their FOIA response.

“The City and Mr. Dingman claimed to both the media and myself that a background check was done – but that it had somehow gone missing,” McCutchen noted in a press release about the lawsuit. “Mr. Dingman then told a Board member that a background check wasn’t performed. The City either did a background check or it didn’t – but it certainly knows the answer. What’s even more concerning is that when I filed a FOIA request to get answers, the City not only dragged its feet – it failed to turn over an email that directly contradicts what the City told the public.”

McCutchen called on the Fort Smith board to “immediately investigate” how city administration handled the attempted hiring of Cowan and the failure to respond to the FOIA.

Josh Buchfink, public relations manager with the City of Fort Smith, provided the following statement to Talk Business & Politics when asked about allegations in the lawsuit: “To our knowledge, the City furnished all relevant documents in response to Mr. McCutchen’s FOIA request and remains committed to openness and transparency.”

Link here for a PDF of the complaint filed by McCutchen and Napurano.