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Writer's pictureDennis McCaslin

Arkansas Report: McCutchen continues FOIA crusade with lawsuit against Cleburne County school system


Fort Smith attorney Joey McCutchen filed a lawsuit on May 17 against  West Side Public Schools, Nikki Cothren, in her official capacity as a member of the West Side Public Schools Board of Directors, Dan Knapp, in his official capacity as a member of the West Side Public Schools Board of Directors and Johnny Tutor, in his official capacity as a member of the West Side Public Schools Board of Directors.


 In the complaint, Robin Reeves seeks that the Court declare that text messages set forth in the Complaint constituted a meeting which was not public and for which no notice was given and that the Court enjoin the Defendants from conducting business out of the public view through private text messages; for attorney’s fees to the extent permitted by law; and  for costs to the extent permitted by law. 


“It is wrong for school board members to effectively decide who is going to be hired in secret text message exchanges. It has reached epidemic portions in Arkansas, either due to ignorance of the law or public officials simply thumbing their nose at the law, for public officials to conduct public business by secret email or text message exchanges.”


Last week, the case of City of Fort Smith vs. Bruce Wade was submitted to the Arkansas Supreme Court.


This case will decide whether a meeting can be held by secret email or text message exchanges. 


"A decision is expected in the near future which will hopefully stop back-room deals made by email or text message exchanges by public officials," said McCutchen.


Here is the entire text of the lawsuit:




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