Imagine a handful of journalists gathered in a small conference room at Department of Corrections headquarters in North Little Rock, their attention focused on an old business telephone on a small table as they strain to hear the disembodied and often unidentified voices of Board of Corrections members and staff emanating from the device.
That’s been the scene in recent months when the prison oversight board has held special or emergency meetings. Those sessions are conducted via telephone conference calls that aren’t generally available to the public. The only people who can dial into the call are board members and other officials.
In an age of video conferencing and live streaming, such meetings speak to a lack of concern about the public’s right to observe and participate in government activities.
And they occurred as the board faced a lawsuit from Attorney General Tim Griffin alleging the board violated the Arkansas Freedom of Information Act.
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The courts haven’t opined on the FOIA issue, but in a letter last month, Griffin again accused the board of violating the sunshine law in January after it went behind closed doors twice — once to consider payment of an invoice from the outside counsel it hired and again to consider appointing an interim secretary of corrections.
The board failed to announce the specific purpose of the first executive session, Griffin said, and it violated the law by allowing someone other than board members into the session. In addition, Griffin wrote, discussion of how to pay the outside lawyer’s invoice is not a reason to hold a closed meeting under state law.
As for the second executive session, Griffin pointed out that the board can only appoint a corrections secretary who has been nominated by the governor, thereby making the closed-door discussion of an interim secretary a FOIA violation.
The sad truth is that Griffin’s right: the Board of Corrections plays fast and loose with the FOIA.
Beyond the likely FOIA violations, in spirit if not in law, the board’s regular meetings are not welcoming to the public.
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