Court Rules Fort Smith City Director Jeff Dingman Violated FOIA Laws….Are Felony Charges Next ?
Jun 7, 2025
On May 2nd Fort Smith attorneys Joey McCutchen and Stephen Napurano filed a lawsuit against Fort Smith City Administrator Jeff Dingman for violating laws in the Arkansas Freedom of Information Act, (FOIA).
Even though it is well known I want to point out in full disclosure that for several years I have partnered with McCutchen and Napurano in investigations and lawsuits involving corruption and State law violations….However I was not involved in this particular case.
The lawsuit revolves around a FOIA request sent on April 24th by McCutchen to Dingman requesting records pertaining to the hire of Rebecca Cowan as the City’s Internal Auditor.
Link to court records of the lawsuit –
https://caseinfo.arcourts.gov/opad/case/66FCV-25-569
Cowan was hired by the Fort Smith City Board of Directors on April 22nd of this year. After revelations surfaced that Ms. Cowan was awaiting trial in Oklahoma on Felony Stalking charges, her employment was terminated by the Board on April 25th less than 48 hours after the vote to hire her.
McCutchen’s request was for –
“All documentation regarding hiring or otherwise, including compensation, the internal auditor, including any and all communications, agreements, salaries of the search firm. Also, please provide any and all correspondence between the Fort Smith City Administration and Board of Directors, including texts, emails or otherwise regarding the internal auditor.”
The lawsuit alleged that Dingman not only violated the FOIA by not providing records in the allotted time allowed by law but by also failing to provide all the records that clearly existed.
One such record is the background check of Ms. Cowan which evidence and testimony clearly show either exists or existed at one time.
Had the background check been provided to the Board of Directors, it would have made them aware of the Felony charge against Cowan.
Sebastian County Circuit Judge Dianna Ladd did indeed find that Dingman violated the FOIA in an Order issued this last Thursday June 6th stating –
“The Court does grant declaratory judgment and expressly finds that the Defendants did violate the Arkansas Freedom of Information Act.”
Ladd also stated in the Order –
“The Court is troubled by the timeline of events, the lack of transparency demonstrated by the City of Fort Smith and City Administrator Jeff Dingman, and by the missing background check which, according to the testimony, was provided by Mr. Rick Lolley to Mr. Jeff Dingman but was neither preserved nor produced in response to the FOIA request.”
After Judge Ladd’s Order was issued, McCutchen stated –
“While the foundation of the case is FOIA related, it also now involves possible perjury in the hearing, misrepresentations made by Acting City Administrator Jeff Dingman to the Fort Smith Board of Directors and the destruction of public documents to cover up the City’s botched hiring of Internal Auditor Rebecca Cowan.”
Other media outlets have reported McCutchen is seeking a criminal investigation and prosecution of Dingman.
Dingman very well could end up facing charges of the following –
AR Code 25-19-104. Penalty For Violating FOIA –
Any person who negligently violates any of the provisions of this chapter shall be guilty of a Class C misdemeanor.
A Class C misdemeanor is punishable by up to 30 days in jail and up to a $500.00 fine.
AR Code 5-53-102. Perjury generally.
(a) A person commits perjury if in an official proceeding he or she knowingly:
(1) Makes a false material statement under an oath required or authorized by law.
Perjury is a Class C Felony punishable by 3 to 10 years in prison and up to a $10,000.00 fine.
AR Code 5-54-121. Tampering with a public record.
(a) A person commits the offense of tampering with a public record if, with the purpose of impairing the verity, legibility, or availability of a public record, he or she knowingly:
(1) Makes a false entry in or falsely alters any public record; or
(2) Erases, obliterates, removes, destroys, or conceals a public record.
Tampering with Public Record is a Class D Felony punishable by up to 6 years in prison and up to a $10,000.00 fine.
Will Dingman be charged with any of the three ?
That’s a question for Sebastian County Prosecutor Daniel Shue.
Shue can request a criminal investigation into the matter. In most cases involving a local government official, Prosecutors generally make a request to the Arkansas State Police to investigate although nothing prohibits Shue from requesting local law enforcement to conduct it.
What else is common, and many times prudent, is for the local Prosecutor to request a Special Prosecutor to be named.
It should not take Shue more than a few days to decide if he will request an investigation into Dingman, although I can’t imagine that he would not.
Once that happens don’t count on the investigation being concluded very soon….Many times the ASP will take months to complete an investigation such as this.
The evidence, testimony and Judge Ladd’s Order were shocking; however, what is more shocking is that the City Board of Directors has not terminated Dingman’s employment.
Not taking that action is in essence endorsing Dingman’s behavior ?….But then again, we are talking about the City government of Fort Smith.
#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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