Record Shows $77,269.00 In Unauthorized Withdrawals From Cabot School District Bank Account….District Refusing to Provide Public Records.
May 29, 2025
I was able to obtain a letter dated April 1oth, 2025 from Deputy Legislative Auditor Matt Fink to The Legislative Joint Auditing Committee and the Cabot School Board informing them of the unauthorized withdrawals.
On October 24th, 2023 an unauthorized withdrawal was made in the amount of $9,937.00 and then on June 28th, 2024 another unauthorized withdrawal was made in the amount of $67,332.00.
It is important to note that the letter states all funds were recovered from the bank.
The two withdrawals raise serious questions as to what took place, so I began digging.
Legislative Audit records on this matter are exempt from the Arkansas Freedom of Information Act, (AFOIA), until they have been presented to the Audit Committee.
Emily White, legal counsel for Legislative Audit, informed me that the meeting will take place sometime this coming Fall.
However, the records of the withdrawals of which the Cabot School District is the custodian are not exempt from the AFOIA and are to be disclosed upon request.
I sent Superintendent Tony Thurman and Superintendent Elect Michael Bryd an FOI request on Wednesday afternoon providing them the letter and asking for “all records of the two withdrawals stated in the letter along with all records pertaining to the withdrawals.”
The District’s staff attorney, Leila Seigrist, responded claiming the records are exempt from the AFOIA under AR Code 10-4-422…..The problem is that exemption applies to the records held by Legislative Audit, not to the records held by the District.
Here is the language in 10-4-422 and it could not be any clearer –
“All working papers, including communications, notes, memoranda, preliminary drafts of audit reports, and other data gathered in the preparation of audit reports by Arkansas Legislative Audit, are exempt from all provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq., and are not to be considered public documents for purposes of inspection or copying under the Freedom of Information Act of 1967, § 25-19-101 et seq., or any other law of the State of Arkansas, except as provided in this subsection.”
I responded to the District with – “The exemption in 10-4-422 is very clear in that records “gathered” by “Arkansas Legislative Audit” that they are the custodian of are exempt. I am requesting records that the District is the custodian of and they are clearly disclosable under the AFOIA. Please provide me the records within the time frame allowed by law. While it is not my wish, if I do not receive the records requested by Monday June 6th at 4pm then I will have no choice but to file a complaint in Circuit Court.”
Why the District is concealing public records of unauthorized withdrawals of Taxpayers funds is actually more concerning than the withdrawals themselves.
The District has a pattern of violating the AFOIA and in fact I have had to sue them twice for doing so…. prevailing both times.
If they do not provide me the records by 4pm Monday then myself, along with Bulldawg attorneys Joey McCutchen and Stephen Napurano, are on go and a 3rd lawsuit will be filed.
When will Tony Thurman ever learn that District records are the property of the Taxpayers….He is merely the Custodian of them.
#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
People seem to actually believe they are above the law. That they don’t have to provide foi to someone requesting it.
After losing a child years ago and requesting foi on a Jacksonville police officer, that was let turn in his resignation (to save embarrassment to the pd) because I was going to be filing charges. Nothing they do will surprise me.
They wouldn’t let me look at any of the records. They picked through and chose what I “was allowed to have”. Which wasn’t even what I requested. N had nothing to do with it.
They are all the same.
Cabot school district has been this way as long as I can remember. It’s definitely doubtful they will give anything to you.