|
THE FREEDOM OF INFORMATION ACT
The Arkansas Freedom of Information Act (FOIA)
(Hdbk. 25-19-101-25-19-107) is a law with which all municipal officials
should become familiar. Municipal officials who negligently violate the
FOI Act may be penalized by a fine of $200 or 30 days in jail or both. The
primary categories of attention for municipal officials should be:
- Public Records
- Open Meetings
- Executive Sessions
Public Records
"Public Records" are documents that are
required by law to be kept and maintained. These would include the
minutes from city council, planning and zoning, civil service, water and
sewer, parks and recreation and any other meetings of a committee or
commission established by ordinance or appointed by the mayor or city
council. In addition, any public record, unless exempted by law, is
subject to FOIA. Any citizen of the State of Arkansas may "inspect,
copy, or receive copies of public records." (Hdbk. 25-19-105). Citizens
do not have to state a reason or purpose in order to inspect city
records, the law says.
However, a request to inspect the records should be directed to the
"custodian of the records" (usually the city clerk). The request does
not have to be in writing, although this manual encourages city
officials to ask (but not require) that anyone requesting to see or copy
city records to make the request in writing because it provides a record
if litigation occurs. If copies of public records are requested and if
it is the pol-icy of the city to charge a fee for copies, then the city
may charge the actual costs of reproduction, but may not charge for the
time of existing employees. Open
Meetings All meetings of
municipal governing bodies are required to be open to the public (Hdbk.
25-19-106). Because meetings "shall be public" any person may attend. A
quorum of the governing body need not be present for the meeting to be
subject to the FOI Act. For regular city council or other regular city
meetings (water and sewer, planning and zoning, parks and recreation and
others), notice must be furnished to any-one who requests that
information. An official notice of when and where your regular meeting
will take place should be given to the local news media. For emergency
or special called meetings, at least two hours notice must be given to
the news media located in the county and any news media located
elsewhere which have requested to be notified before emergency or
special meetings. Executive Session
The only time the city council may meet
and exclude the media and the public is in executive session. Executive
sessions are permitted only for the purpose of considering employment,
promotion, demotion, disciplinary action or resignation of any public
officer or employee. Actions discussed in executive session becomes
legal only after the city council (or other governing body) ratifies the
action with a public vote in open session. Meetings for the purpose of
executive session still must be announced publicly. For example, "We are
going into executive session to discuss the discipline of an employee."
You do not have to state the employee's name publicly, however.
Unless the city attorney is being
considered for employment, appointment, promotion, demotion or
disciplinary action, then he/she may not meet in executive session with
the mayor and city council. Likewise the city clerk, city recorder or
town recorder should not be in executive session.
This has been a very brief discussion of a
very complicated law. For further information, please refer to the
Arkansas Freedom of Information Handbook (10th Edition) available from
the League at 501-374-3484 or online at
www.arml.org.
|
Clintons
Classification Information
The Duties of
Mayor
The Duties of
Aldermen/Council Members
The Duties of
Recorder/Treasurer
City and Town
Council Rules of Procedure and Different Types of Meetings
Proper Ways to
Pass Ordinances and Resolutions
Personnel
Budgeting and
Finances
The Freedom of
Information Act
Complete Guidebook for Municipal
Officials, Handbook for Arkansas Municipal Officials, Procedural Rules for
Municipal Officials and the Handbook for Arkansas Municipal Clerks,
Recorders and Treasures are available in the City Clerk's office for you
convenience.
|
