Arkansas Senate Bills 227 and 376 (SB227, SB376) propose changes to the Arkansas Freedom of Information Act of 1967 (FOIA). The Act’s primary purpose is to ensure transparency and accountability in government by guaranteeing public access to government records and meetings. In governments by the people and for the people, “deriving their just powers from the consent of the governed,” ensuring that decisions are made openly is vital.

SB227 – Senator Tucker

The Arkansas Association of Counties (AAC) and the Municipal League have lobbied SB227’s sponsor, Senator Clarke Tucker, leading to amendments that were reportedly crafted to address “the vast majority if not all of” the concerns of a large group of elected officials.

The AAC’s stated mission reads, in part, “The Arkansas Association of Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group.” (arcounties.org) The unified group has indeed acted together, seemingly leveraging its publicly funded resources and professional networks to tackle the problems of transparency and accountability in government.

After the release of the Lindsey Bailey French messages last week, Senator Tucker worked with a team of Arkansas’s FOIA advocates to find middle ground. Several changes were made to the bill before it ultimately passed on the Senate floor.

While the bill prohibits “polling” (or gauging of voting intent or support within a government body), it adds an allowance for the communication of “information that is background or otherwise non-decisional in nature.” In an attempt to address concerns that this loophole could circumvent the ban on polling, Senator Tucker added critical definitions for the terms “background and non-decisional information” and “deliberation.”

The bill strengthens FOIA’s ban on informal meetings by defining them as gatherings of “two or more” members involving deliberation or attempts to perform public duties.

At the time of this article’s publishing, SB227 has been referred to the House State Agencies Committee. It is listed on the committee’s agenda for this Monday, March 17.

Take Action

• Visit SB227’s Ark Leg page to read the bill and check for updates.
• Visit the committee’s roster page and click members’ names for contact information.
• Find your representative and tell them what you think.

SB376 – Senator Clark

Senator Alan Clark’s SB376, cosponsored by Representative Mary Bentley, amends FOIA by redefining public meetings as gatherings of “more than two” members of a state or local government body. It mandates that all such meetings must be open to the public, with the exception of grand juries. The bill focuses solely on this definition.

At the time of publishing, it has advanced from the Senate State Agencies Committee and is on the Senate agenda for this Monday, March 17.

Take Action

• Visit SB376’s Ark Leg page to read the bill and check for updates.
• Find your senator and tell them what you think.

C. Crumpton

Christian, Mom, Nanny