FOIA

Pulaski County Circuit Court grants Attorney General's motion, dismisses blogger's lawsuit against Governor

LITTLE ROCK – Following the dismissal of attorney and blogger Matt Campbell’s lawsuit against Governor Sarah Huckabee Sanders today by the Pulaski County Circuit Court, Attorney General Tim Griffin issued the following statement:

“This was the proper outcome for this baseless case after Mr. Campbell failed to serve process within 120 days of filing the complaint—the second time this year he has had a case dismissed for failure to serve process. It’s unfortunate that cases like this waste taxpayer dollars and clog up our judicial system.”

Campbell sued Governor Sanders last year over alleged violations of Arkansas’s Freedom of Information Act. A Pulaski County Circuit Court judge today granted a motion to dismiss made by the Office of the Attorney General, which was defending Governor Sanders in the case.

To read the judge’s order granting the motion to dismiss, click here.

For a printer-friendly version, click here.

Group submits fourth proposed Arkansas FOIA change to AG after third rejection

KUAR | By Tess Vrbin / Arkansas Advocate

From the Arkansas Advocate:

A government transparency group sent a fourth draft of proposed changes to the Arkansas Freedom of Information Act on Thursday after Attorney General Tim Griffin rejected its third proposal.

In his opinion, Griffin cited a “misleading provision” of the text of the proposed act and ballot title. Previous submissions contained the same problem that “was unidentified previously and is the only remaining issue standing in the way of certification,” Griffin wrote.

“If you resolve this issue and resubmit with no other changes, I will expedite the response,” he wrote.

Group submits fourth proposed Arkansas FOIA change to AG after third rejection

John Sykes/Arkansas Advocate

Gov. Sarah Sanders shares a laugh with Senate President Pro Tempore Bart Hester, a Republican from Cave Springs on Sept. 14, 2023, after signing a number of bills at the end of a special legislative session, including one that hides from the public certain information about security for her and other state officials.

AG Griffin rejects FOIA initiated acts, education amendment

by Roby Brock (roby@talkbusiness.net)

A day after rejecting four proposed constitutional amendments affecting the state’s Freedom of Information Act (FOIA), Attorney General Tim Griffin on Tuesday (Jan. 9) also rejected four initiated act proposals tied to FOIA as well as a proposed education amendment.

Arkansas Citizens for Transparency, the advocacy group seeking to get the FOIA measures on the November 2024 ballot were stymied again by Griffin, who cited problems with the four proposals.

“Having reviewed the text of your proposed constitutional amendment, as well as your proposed popular name and ballot title, I must reject your popular name and ballot title due to the following problem,” he said.

AG Griffin rejects FOIA initiated acts, education amendment

Judge orders TRO in Corrections Board lawsuit, AG sues panel over FOIA violations

by Roby Brock (roby@talkbusiness.net)

A tension-filled week of accusations, legal wranglings and political drama between Arkansas Gov. Sarah Sanders, Attorney General Tim Griffin and the state Board of Corrections ended with more acrimony and theater on Friday (Dec. 15).

For weeks, Gov. Sanders and the board have fought over plans to expand prison beds. Sanders has asked for additional space, while the seven-member corrections oversight panel has called for more details on funding and personnel to protect the prisoner expansion requests. Because the state Constitution gives autonomy to the board, the decision-making hasn’t been a purely executive decision for the governor. It led to Secretary of Corrections Joe Profiri being suspended with pay on Thursday, while a corrections board lawsuit was filed the same day to halt a new state law that it claims undermines its authority. Read more here.

All of this boiled to a new level of political turmoil on Friday as AG Griffin filed a lawsuit against the Board of Corrections for failing to comply with the state’s Freedom of Information Act, while a Pulaski County judge issued a temporary restraining order (TRO) in favor of the board in its lawsuit.

Judge orders TRO in Corrections Board lawsuit, AG sues panel over FOIA violations

FOIA transparency advocates submit constitutional amendment to AG; initiated act to follow

by Talk Business & Politics staff (staff2@talkbusiness.net)

Arkansas Citizens for Transparency, a ballot title group seeking to imbed a Freedom of Information Act into the state constitution and state statute, submitted a draft of their constitutional amendment proposal to Attorney General Tim Griffin on Monday (Nov. 27).

ACT said the amendment submitted for AG review does three things:

  • Creates an Arkansas citizen’s right to government transparency;

  • Requires a law making government business less transparent to pass through approval by the people of Arkansas; and

  • Allows the state of Arkansas to be sued in state court for failure to comply with Arkansas government transparency laws.

Read a copy of the proposed amendment here.

FOIA transparency advocates submit constitutional amendment to AG; initiated act to follow

Transparency advocates hear public input on proposal to enshrine FOIA in Arkansas Constitution

From the Arkansas Advocate:

Members of a government transparency group answered questions from a small crowd in Little Rock on Thursday about their effort to bolster the state’s public records and open meetings law that they hope will appear on the 2024 Arkansas ballot.

Last month, Arkansas Citizens for Transparency (ACT) unveiled a proposed constitutional amendment that would enshrine the Arkansas Freedom of Information Act in the state Constitution. ACT members said they will create and make public at least one more draft before submitting it to Arkansas Attorney General Tim Griffin, who must approve the ballot title and popular name.

The proposed amendment would specify government transparency as a constitutional right. It would also require a vote of the people to enact any future changes to restrict government openness — a direct response to September’s special legislative session that proposed several exemptions to the FOIA, one of which became law.

Transparency advocates hear public input on proposal to enshrine FOIA in Arkansas Constitution

Tess Vrbin/Arkansas Advocate

Several drafters of a proposed constitutional amendment to enshrine the Arkansas Freedom of Information Act in the state Constitution participated in a public forum in Little Rock on Thursday, Nov. 2, 2023. From left: attorney David Couch, Arkansas Press Association Executive Director Ashley Wimberley, Democratic state Sen. Clarke Tucker, attorney Jen Standerfer and former independent state representative Nate Bell.

Consensus elusive on changes to Arkansas’ FOIA; lengthy Senate hearing ends without a vote (Updated)

by Michael Tilley (mtilley@talkbusiness.net)

The struggle continues in the Arkansas Senate to come up with proposed Freedom of Information Act changes that will placate Gov. Sarah Sanders on one side and FOIA advocates on the other.

That struggle included a more than five-hour Senate committee hearing Tuesday (Sept. 12) on a new bill that had minor changes compared with the original proposal that was pulled Monday after public opposition caused some legislators to withdraw support.

Gov. Sarah Sanders wanted a bill that would change FOIA provisions by including the federal exemption that would significantly limit the information available about the deliberations of officials at state agencies, recommendations about policy, and other governance matters. The original bill would also exempt from FOIA any records about “planning or provision of security services provided to the Governor, the Lieutenant Governor, the Attorney General, the Secretary of State, the Auditor of State, the Treasurer of State, the Commissioner of State Lands, members of the General Assembly, Justices of the Supreme Court, or Judges of the Court of Appeals.”

https://talkbusiness.net/2023/09/consensus-elusive-on-changes-to-arkansas-foia-lengthy-senate-hearing-ends-without-a-vote-updated/

Sen. Bart Hester, R-Cave Springs and Senate president, presents SB 9 to the State Agencies and Governmental Affairs Committee.

AG Griffin says FOIA law needs to modernize

by Roby Brock (roby@talkbusiness.net)

Pointing to a need for privacy in sensitive situations, Arkansas Attorney General Tim Griffin said Sunday (July 2) the Freedom of Information Act (FOIA) needs to change to adapt to modern times.

“One thing I want to mention that really is driving a lot of my interest here was the ransomware issue with Little Rock School District. The Little Rock School District was a victim of a ransomware [attack]. And the way the FOIA law is currently written, they have to discuss their strategy on dealing with ransomware in public. That’s ridiculous,” Griffin said. “That’s like asking the U.S. Army to strategize and plan a battle in public… We’ve got to change that.”

Griffin, who announced last month he was forming a working group of legislators and FOIA stakeholders to advise him privately, appeared on this week’s Capitol View and Talk Business & Politics programs. He said there was a legislative commission report from the year 2000 that contemplated technological changes that would require amending the FOIA law.

https://talkbusiness.net/2023/07/ag-griffin-says-foia-law-needs-to-modernize/

Arkansas Attorney General Tim Griffin.