Hearing set in alleged FOIA violation by the City of Fort Smith

Sebastian County Circuit Court Judge Dianna Hewitt Ladd has scheduled a hearing Thursday (May 22) that could provide some clarity about who knew what prior to the botched attempt by the City of Fort Smith to hire an internal auditor.

The hearing, requested by Fort Smith attorney Joey McCutchen who alleges the city violated the Freedom of Information Act with his request for documents related to the matter, is set for 1:30 p.m.

McCutchen told Talk Business & Politics he had hoped to depose Acting City Administrator Jeff Dingman but said Monday there will not be enough time.

McCutchen filed the lawsuit May 2 in which he alleges that the city did not provide requested documents related to the failed attempt to hire an internal auditor. The Fort Smith Board of Directors voted April 22 to hire Rebecca Cowan as internal auditor. After it was disclosed she faced a felony charge, the board rescinded the hiring on April 24. The city administrator and the internal auditor are the only two city jobs directly hired and fired by the board.

The complaint notes that emails provided to McCutchen by City Director Christina Catsavis are 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.

Josh Buchfink, the city’s public relations manager, said May 2 when the lawsuit was first filed that “the city furnished all relevant documents in response to Mr. McCutchen’s FOIA request and remains committed to openness and transparency.” Dingman subsequently reiterated that the city “fully complied with the request.”

Colby Roe, an attorney with Fort Smith-based Daily & Woods, opposed a quick hearing in a May 15 note he sent to Judge Ladd. In the note, he said the city had 30 days to respond to the initial complaint filed May 2.

“The provisions of the Arkansas Freedom of Information Act do not supplant a party’s right in responding to process as set forth in the Arkansas Rules of Civil Procedure,” Roe noted in his letter to Judge Ladd dated May 15.

Buchfink said late Monday the city does not have plans to block or delay the hearing.