A Washington County Justice of the Peace has filed a lawsuit in the Circuit
Court of Washington County Arkansas located in Fayetteville against County
Judge Joseph Wood and other county officials over alleged violations of
Arkansas Freedom of Information Act (“FOIA”)[1]
FOIA was first promulgated in 1967.
Its purpose is to insure a vital democratic society by requiring that
public business be performed in an open and public manner so that electors
shall be advised of the conduct of public business by elected officials, and as
such to allow the electorate or their representatives to learn and report on
such activity. [2]
See the 5 News Online Article Here.
The complaint alleges that the Judge’s Chief of Staff, Carl
Gales in addition to his duties as Chief of Staff continues to work in a
private sector job as the Vice President
of KAS Gales Company, Consulting Engineers located near the Fayetteville area. The
complaint alleges that since becoming the Judge’s Chief of Staff, Gales has
continued to perform outside work for his private firm despite being a full
time employee of the county. Some of
Gales work included work for the City of Tontitown as a representative
engineer.
The
complaint states:
In
2018, Washington County publicly posted on its website an Invitation to Bid,
RFP
2018-10 “Asphalt Overlay Construction,” seeking proposals from qualified
vendors to complete overlays on approximately 27,130 linear feet of existing asphalt
surfaces on South Klenc Road, Ervin Beeks Road, and Rocky Creek Road. The scope
of work for the South Klenc Road portion of the RFP stated approximately 13,130
linear feet will be overlaid “beginning in Tontitown, at Highway 412 West intersection
until the intersection at Arbor Acres Rd.” This section of Klenc Road is
located in the city limits of Tontitown.
KAS Gales Company is located at 18772 Harmon Road in Washington County, which
is also where Gales resides. This address is located near the intersection of
Harmon Road and Arbor Acres Road, approximately 1.5 miles from the overlay work
to be completed on South Klenc Road pursuant to Washington County RFP 2018- 10. [3]
See the Complaint Here.
The Plaintiff, being a JP questioned why the County would be overlaying a
road located within the city limits of Tontitown. The Plaintiff sought to inquire about this
issue in an open budget meeting, but could not get any answers from the County
Judge, Gales, or the chair of the budget committee, the suit alleges. As such the Plaintiff sent a FOIA request to
the named defendants on November 15th, 2018, seeking public
information pertaining to the overlay of road within Tontitown’s city limits
and near Gales home. The suit also involves the Plaintiff seeking official county
photos from an official county Veteran’s presentation. The suit alleges that there has been no
response to the Plaintiff’s FOIA request.
The Plaintiff seeks damages allowed under FOIA and the right to inspect
and copy “Public Records.”
"Public
records" are defined as writings, recorded sounds, films, tapes,
electronic or computer-based information, or data compilations in any medium
required by law to be kept or otherwise kept and that constitute a record of
the performance or lack of performance of official functions that are or should
be carried out by a public official or employee, a governmental agency, or any
other agency or improvement district that is wholly or partially supported by
public funds or expending public funds. All records maintained in public
offices or by public employees within the scope of their employment shall be
presumed to be public records.[4]
Except as otherwise exempted by law all public records shall be open to
inspection and copying by any citizen of the State of Arkansas during the
regular business hours of the custodian of the records so long as the request
is sufficiently specific to enable the public custodian to locate the records
with reasonable effort.[5]
Any
citizen denied the rights granted to him or her by FOIA may appeal to the
circuit court of the residence of the aggrieved party and is entitled to a
hearing within seven (7) days of filing a suit seeking compliance with FOIA.[6] FOIA also involves a mechanism for obtaining
costs and attorney fees if the Plaintiff substantially prevails on a claim for
denial of rights under FOIA. [7]
This suit outlines why FOIA is necessary to a democratic society. If the allegations be true, it raises
questions about the use of taxpayer funds for public official’s private
interests.
Possible Criminal Charges
Each of the Defendants could potentially face criminal charges. Any person who negligently violates any of
the provisions of FOIA shall be guilty of a Class C misdemeanor.[8]
Rick Woods is a lawyer in Fayetteville, Arkansas handling most civil
litigation issues, including FOIA claims, tort claims, environmental claims,
construction, real estate, and death and injury claims. If you would like to discuss a claim, please
call (479) 301-6423 for a free consultation.
[1]
AR
Code Ann § 25-19-101 et seq.
[2]
AR
Code Ann. § 25-19-102
[3]
See Complaint paragraphs ¶¶ 10 -11.
[4]
AR.
Code Ann. § 25-19-103 (7)(A)
[5]
AR. Code Ann. § 25-19-105
[6]
AR
Code Ann § 25-19-107
[8]
AR. Code Ann. § 25-19-104