Arkansas Democrat-Gazette

Forecaster­s alter warning criteria

Changes simplify when, where state weather alerts are issued

- REMINGTON MILLER ARKANSAS DEMOCRAT-GAZETTE

The National Weather Service has made some changes to the criteria Arkansas forecasts need to meet in order for the weather service to issue a winter storm warning.

A winter storm warning is issued when Arkansans need to prepare for winter weather that could have a widespread impact on travel or lead to power outages, said Colby Pope, a meteorolog­ist with the National Weather Service office in North Little Rock.

“The National Weather

Service reevaluate­d its winter storm warning criteria for snow across the entire United States in an effort to simplify and standardiz­e the process of coordinati­ng winter storm watches and warnings with neighborin­g geographic forecast areas,” the news release said.

For a winter storm warning, a forecast must either call for a quarter of an inch of ice or half an inch of sleet, Pope said Monday morning. Those standards have not changed.

“We felt like the hazard and potential threats caused by sleet and ice were correctly covered in the original criteria,” Pope said.

The amount of snowfall forecast in different parts of the state in order to meet the warning’s criteria has been changed, however.

For most counties in Northwest Arkansas, forecasts need to include a possibilit­y for 4 or more inches of snow, the weather service said in a news release earlier this month. Central and eastern portions of the state, including Little Rock, would need a forecast of at least 3 inches of snow. The most southern counties in Arkansas need a forecast of 2 inches of snow.

“Most of the state used to be under the 4-inches criteria,” Pope said. “But we’ve been looking at it for a while and I think it will give Arkansans a better chance to prepare.”

About half of Arkansas’ criteria for a winter storm warning was lowered from 4 inches to 3 inches, the release said.

Weather history as well as

to back down. They’re going to keep coming after it so it’s time to take it out of their hands.”

Bell said the proposed amendment — which he said will be followed by the proposed initiated act — is intended to remove the Legislatur­e’s ability to weaken the Freedom of Informatio­n Act without direct permission from the people of Arkansas.

“It’s just making sure that politician­s can’t change the people’s right to transparen­cy without first referring it to the people,” he said. “That’s what Article V of the Arkansas Constituti­on is all about.”

Bell said historical­ly, there have been amendments to the Freedom of Informatio­n Act that were needed and his group isn’t trying to prevent the ability of the Legislatur­e to make changes, “if there is a legitimate need to do so.”

“I’m certain that as technology changes and things change in general, there are things that will come up where, for whatever reason, something needs to be secured and not made public,” he said. “We want to make sure there’s a mechanism to do that but ultimately it’s the people who should have the final say.”

David Couch, a Little Rock attorney and committee member, agreed that efforts to chip away at the ability of the people of Arkansas to review public informatio­n have been intensifyi­ng, to the point, he said, that this year’s efforts amounted to a “full frontal assault,” by state government on transparen­cy.

“They’ve been slowly chipping away at it for years,” Couch said. “But when the General Assembly met this year in the special session, it was like a full frontal assault on Freedom of Informatio­n and government transparen­cy.”

Act 7 of the General Assembly that was passed during the special session was initially proposed by Gov. Sarah Huckabee Sanders as an overhaul of the state’s open records law but was scaled back considerab­ly following pushback from a broad range of people from all across the ideologica­l spectrum. Sanders called the session after a Little Rock attorney and blogger, Matt Campbell, submitted FOI requests related to travel in the governor’s office and a $19,000 lectern that has created a firestorm of controvers­y.

The first attempt during the session to amend Arkansas’ Freedom of Informatio­n Act included a “deliberati­ve process” exemption that would have shielded records “that comprise part of the process by which government­al decisions and policies are formulated” from disclosure.

It also included a provision to exempt documents prepared by an attorney from disclosure, something the Republican governor said was needed so the state wouldn’t be forced to release its legal strategy before discovery.

In addition, the bill would have made it harder for people to recover legal fees for lawsuits filed under the Freedom of Informatio­n Act, something that critics said would hurt those who couldn’t afford attorneys otherwise.

Critics said the bill, as written, would exempt virtually all government records from disclosure.

A second bill aimed at amending the Freedom of Informatio­n Act would have shielded “records reflecting communicat­ions between the Governor or his or her staff and the secretary of a cabinet-level department.”

Sanders said the changes to Arkansas’ Freedom of Informatio­n Act were needed to make government more efficient, claiming activists were using the law to slow down her agenda.

However, fellow Republican­s raised arguments against the governor’s proposed changes, arguing the sunshine law was a useful and essential tool for government accountabi­lity. The Republican committees of Saline and Pulaski counties released statements against a previous bill to change the Freedom of Informatio­n Act.

As passed, Act 7 exempts from the open-records law documents related to the governor’s Arkansas State Police security detail and “records that reflect the planning or provision of security services provided” to constituti­onal officers, Supreme Court justices and Court of Appeals judges.

On Monday, Couch said he has talked to many people all over Arkansas about the proposals and said support for protecting the Freedom of Informatio­n Act has been nearly universal.

“Honestly,” he said, “I don’t think I’ve met anyone who has said they think this is a bad idea … It’ll be really interestin­g to see what happens once the campaign actually starts.”

The group laid out its criteria for the constituti­onal amendment in a press release last month.

■ Enshrine the Arkansas Freedom of Informatio­n Act, as it existed on September 1, 2023 (before the September 2023 special session), into the state constituti­on;

■ Ensure that any further changes to the Arkansas Freedom of Informatio­n Act that reduce government transparen­cy may only be approved by a vote of the people of Arkansas, while providing that laws that increase government transparen­cy may be passed by the General Assembly;

■ Change as little as possible in the existing Arkansas Freedom of Informatio­n Act, with the primary exception being to provide a definition for “public meeting,” which has been a hole in the Arkansas Freedom of Informatio­n Act for some time;

■ Safeguard the ability of any citizen of Arkansas to enforce the Arkansas Freedom of Informatio­n Act by protecting their ability to recover attorney’s fees in the event that a Freedom of Informatio­n Act request is wrongfully denied;

■ Create a penalty for bad actors who knowingly violate the Arkansas Freedom of Informatio­n Act;

■ Account appropriat­ely for the security of public officials and their minor children, balanced with the public’s right to know how our tax dollars are spent; and

■ Keep the amendment language as simple as possible, while taking into account the vast number of laws existing in the Arkansas Code affecting government transparen­cy.

Couch said during the regular session and the special session, all of the calls he received were from people who feared efforts to gut the state’s open records law would be successful. But, he said, those plans were stymied by broad opposition from across the political spectrum, a plan was needed to try and prevent a replay later.

“We took that energy we were going to get from a referendum and decided we just needed to stop this from happening ever again,” he said. “That’s how the idea for a constituti­onal amendment was born.”

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