Judge Rules Conway School Board Violated Transparency Laws….Enjoins Them From Further Violations
Feb 5, 2026
Today Faulkner County Circuit Judge Susan Weaver issued an Order declaring that the Conway School Board violated the Arkansas Freedom of Information Act on six counts.
The Arkansas Freedom of Information Act (AFOIA) contains laws governing open meetings of governing bodies such as School Boards.
Matters discussed and considered must be done so in public unless they qualify for what is called Executive Session which allows the bodies to retreat in private to consider said matters.
Thise matters are very limited and spelled out in AR Code 25-19-106 (c) (1) (A) which states – An executive session shall be permitted only for the purpose of: Considering the employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee.
The violations occurred at the Board’s August 12th, 2025, meeting and centered around the Board going into Executive Session to consider matters that under the law do not qualify to do so….Matters that must be discussed and considered in public.
During the meeting Board members Trip Leach and President Sheila Franklin announced that the Board would go into Executive Session to discuss the following: a Motion I had proposed to the Board in the public comment section of the meeting, discipline of an employee whom no longer works at the District, the investigation report into the alleged corruption in the Maintenance Department, a proposed Legislative Audit pertaining to that corruption, and the hiring process for a new Superintendent.
None of those matters qualify for Executive Session.
Before the Board went into Executive Session, I went to the District’s Chief Legal Officer Shastady Wagner and informed her that doing so would violate the law. Journalist Tammy Keith walked up and joined me in that objection.
I then told Wagner if the Board did this, I would sue them which went in one ear and out the other.
When the Board rose from their seats to retreat to Executive Session, I stood and informed them that it was nothing personal but if they went into the session to discuss those matters, I would sue them.
I guess they thought I was kidding….I don’t kid about Government Transparency.
After the meeting I contacted the top AFOIA attorney in the State, Joey McCutchen.
Joey and I work together on cases involving Government transparency, corruption and bullying across the State.
Joey filed the complaint on my behalf as the Plaintiff and in a hearing before Judge Weaver on January 15th he did a masterful job litigating the case, leaving no doubt that the Board had violated the law on six counts.
Weaver not only ruled that the Board violated the law six times, but she also enjoined them from holding executive sessions in the future except in strict compliance with the law.
In short if they do it again, they will be in contempt of her Order….and Judges don’t like that.
After the Order was issued Joey stated – “The Freedom of Information Act guarantees the public’s right to observe how and why decisions involving taxpayer money and public policy are made. The public is entitled to see and know how the sausage is made. Public boards are not permitted to conduct public business behind closed doors unless the law clearly allows it. This ruling reinforces the fact that public business must be performed in an open and public manner.”
Here is his full Press Release:
Look ….the Conway School District has had a long pattern of showing disdain for transparency by not answering questions, hiding and altering records along with holding secret meetings on matters that must be discussed in Public.
That pattern has gone on steroids ever since Sheila Franklin became Board President and Jason Black took over as Superintendent….and it has got to stop.
Judge Weaver’s ruling has served notice and if the Board violates Executive Session laws again….Joey and I will be right there filing a Contempt Complaint against them.
Now Trip Leach may consider that a threat but guess what Trip….That’s not a threat….It’s a statement of Fact.
This article is about the lawsuit and Judge Weaver’s Order on it….But there is much more to it than that.
Such as how the District and their attorney Jay Bequette handled the case.
That is a story in itself and one I will be bringing you in the near future.
If you have already guessed their actions have that barnyard smell to them, well….You are a damn good guesser.
#FactsNotFiction
Professional Bully Fighter I investigate and report on issues around the State of Arkansas with an emphasis on Government. I am strong conservative however I bring Truth and Facts regardless of Party affiliation….My hashtag is #FactsNotFiction
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