Judge finds that the City of Fort Smith violated FOIA rules

Sebastian County Circuit Court Judge Dianna Hewitt Ladd on Tuesday (June 3) ruled that the City of Fort Smith and Acting City Administrator Jeff Dingman violated the Arkansas Freedom of Information Act (FOIA) in a matter related to the failed hiring of an internal auditor.

Fort Smith attorney Joey McCutchen filed a lawsuit May 2 in which he alleged that the city did not provide requested documents related to the  internal auditor issue. 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 After it was disclosed she faced a felony charge, the board rescinded the hiring on April 24.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 noted 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.”

McCutchen argued that Dingman knew Cowan had a felony charge and did not allow Lolley to provide Cowan’s background documents to the board.

“Judge Ladd ruled in our favor on the FOIA violation and stated … that she had concerns about the missing background documents and the lack of transparency by Dingman and the city. (Dingman) lied to (Director) Christina Catsavis when he told her there was no background check,” McCutchen wrote in a statement to Talk Business & Politics.

McCutchen said he may ask Sebastian County Prosecuting Attorney Daniel Shue to investigate the possible destruction of documents that were requested in the FOIA request.

Buchfink provided this statement to Talk Business & Politics following Ladd’s ruling: “While the City of Fort Smith provided all relevant documents in response to Mr. McCutchen’s FOIA request, we did not meet the three-business-day deadline outlined in the Arkansas Freedom of Information Act. An extension was not granted for the initial request, which resulted in the deadline being missed by two business days. The City remains committed to operating with transparency and integrity in all public records processes.”

Judge Ladd’s official order could be posted later this week.