HB1610 – Freedom of Information In Name Only

Passage of the Arkansas Freedom of Information Act in 1967 was a huge accomplishment of Governor Winthrop Rockefeller. Rockefeller, a Republican, gained the support of the then Democrat legislature, which was embarrassed by local governments and state agencies that worked in the dark without the public knowing what was going on.

The Act made sure the public had notice and access to government meetings and could obtain public documents. The Act was considered the best in the country and a model for other states.

Governor Rockefeller’s accomplishment has been diminished over the decades by many changes in the law to provide more and more exceptions which keep the public from knowing. But, there has never been such a big threat to the Freedom of Information Act as we now see from HB1610 by Representative Mary Bentley (R). If passed, the bill will be the death knell of having government business done in open public meetings.

Rep. Bentley’s bill would allow a third of the members of any government body to meet in secret and discuss business. Plus, the bill does not prohibit multiple secret meetings on an issue whereby all, or almost all, of the members of a government body are effectively polled, and everyone knows what is going to happen before a public meeting is held.

Let’s consider two examples:

First, let’s assume a government board is considering a big construction project.  Under Rep. Bentley’s bill a third of the board members can meet on the issue and can even meet in private with a potential contractor, a land speculator, or another powerful person who stands to benefit from the project. In such a meeting they might craft the project in such a way to keep others from getting a fair shot at the project or to preapprove who they want as the contractor. That, in itself, is very bad; but also consider multiple meetings may be held as long as no more than one third of the board is present at a time.

Second, let’s consider a situation where a government board has a personnel issue, and some members want an employee fired.  Obviously, board members who oppose the employee will want to get together to plot their strategy without board members who support the employee being present. Rep. Bentley’s bill allows that.

It is well past time to stop the destruction of the Freedom of Information Act and to stop those who want to go back to government decisions made in the back room.

Shamefully, HB1610 has already passed the Arkansas House of Representatives and will be considered in the Senate Committee on State Agencies and Governmental Affairs on this Tuesday, April 4, 2023.

Tell your Senator you don’t want Arkansas being run like a banana republic. Tell the Senators you are proud of what was accomplished by the Freedom of Information Act of 1967, and you expect them to protect the people’s right to know.

Representative Bentley has some good bills, but this one is very bad. Ask Rep. Bentley to withdraw the bill from further consideration and to study the FOIA over the next year.

Senate State Agencies Committee Members: