Ya know….If Transparency at the Conway School District was easter eggs….You and your basket both would be pretty disappointed.
On Friday, Attorneys Joey McCutchen, Stephen Napurano and I filed a lawsuit in Faulkner County Circuit Court against the Conway School Board and District for violating laws concerning an Executive Session held by Board members at the August 12th, 2025, Board Meeting.
Executive Session allows members of a Governing body to meet outside of the public only for specific purposes outlined in AR Code 25-19-106 (c) (1) (A) which states – Considering the employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee.
The law goes on to further say a Governing body shall state publicly which specific purpose listed in the above is the basis for the Executive Session.
On August 6th I published an article detailing corruption and misappropriation of taxpayer funds in the District.
At the August 12th Board meeting, I presented the Board a request that a motion be made and passed requesting a Legislative Audit into the matter.
Board member Trip Leach addressed the motion stating – “We go into Executive Session and at least bring the Board members who weren’t here up to speed so that they can understand kind of more context of it. It’s what I would suggest we go into Executive Session because we can always come out and make a motion when we come out of it.”
Later before going in Executive Session, Leach stated to Board President Sheila Franklin – “I want to make sure we speak about what was brought to us about public comment.”, meaning my proposed motion.
Franklin declared that the Board would go into Executive Session on that matter along with other personnel matters.
During the meeting I went to the District’s Chief Legal Officer, Shasta Wagner, and informed her that the Board could not go into Executive Session to consider the motion nor to brief the members on a past investigation.
Tammy Keith, a writer with the Log Cabin Democrat, joined me in that objection to Wagner….Our voices fell on Wagner’s deaf ears.
Also, during the meeting Franklin announced that they would be discussing the process of hiring a new Superintendent in Executive Session, which clearly does not qualify for what is allowed to be considered in Executive Session.
As the Board stood up to retreat to Executive Session, I rose as well and told them that it was nothing personal but if they went into Executive Session on the motion, the investigation and the process of hiring a new Superintendent then I would sue them….Apparently they thought I was kidding.
Enter Joey and Stephen.
Joey, Stephen and I often partner to battle corruption in Government and violations of the Arkansas Freedom of Information Act all across the State.
Few attorneys will stand up and take on these issues, so the public is blessed to have Joey and Stephen fighting for them.
Joey stated – “Doing an end run around our sunshine laws in a behind closed door executive session to discuss the people’s business is wrong and violates the letter and spirit of the Freedom of Information Act. The FOIA is clear on what can be discussed in Executive Session.”
Stephen stated in the Complaint – “Executive Sessions are the exception, not the norm. They are not intended to provide cover for Boards to debate policy, exchange background information, or avoid public scrutiny.”
We are asking that the court declare the Board violated the law and issue an injunction that the Board only hold Executive Sessions in strict compliance with the law.
For far too long the governing bodies across the State have misused Executive Session.
Is asking governing bodies to follow the law really asking too much ???
Listen…. I look public officials all over this State in the eye and tell them that if they follow Policy….Ethics….and Laws, then they will never hear from me.
But when they deviate from that, then I’m comin’….and Joey & Stephen are comin’ with me.
You can read the complete complaint at the following link –
https://caseinfo.arcourts.gov/opad/case/23CV-25-2028
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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