Greenland aldermen won’t be prosecuted after FOI complaint
Posted on Saturday, June 28, 2008
URL: http://www.nwanews.com/nwat/News/66632/
Washington County prosecutors announced Friday that they have no intention of prosecuting members of the Greenland City Council in conjunction with media complaints that they violated the Arkansas Freedom of Information Act.
“ There’s no criminal charge to be had with this particular case, ” Prosecutor John Threet said.
Deputy Prosecutor Kelly Scott said she investigated two specifics in the case. First, she looked into the legality of an executive session during a regular meeting June 9 to discuss a petition both council members and Planning Commission members signed asking Mayor John Gray to resign. Second, she investigated allegations that the council was having illegal meetings without public notice.
The council had requested Gray enter the executive session, but he declined, saying anything aldermen had to say to him could be done in public.
Scott said she could not fault the council for entering the executive session because video footage from the meeting showed that when media objected to the executive session, Alderman Lisa Thornton asked City Attorney Danny Wright if the session was legal.
“ They followed the advice of their city attorney, ” Scott said.
Threet agreed with Scott on the issue. He said the council asked for and received a legal opinion on the matter from a legal professional.
“ That would negate the mental state required for an arrest, ” he said.
As far as the illegal meeting issue goes, Scott said she could not find any compelling evidence that any meetings had occurred without proper public notice.
Threet added that if the public or the media wanted the case to go to court, it would probably only go to civil court. The burden of proof in criminal cases is much higher than civil cases, he said.
Scott said the case does demonstrate the importance of knowing how to keep public information public.
“ I think it’s important to know how important it is to follow the (Arkansas Freedom of Information Act ) and follow it to the letter, ” she said.