Ensuring FOI

Arevolutionary effort to ensure government transparency is underway by the Arkansas Citizens for Transparency coalition that would establish a commission created by we the people, rather than lawmakers, to allow an alternative to a lawsuit for citizens with Freedom of Information Act grievances.

In what I and others believe rightfully could be called “The People’s Transparency Commission,” this proposed group is a long-overdue idea to adequately serve the interests of Arkansans seeking transparency from various types of government officials who too frequently are unresponsive or reluctant to satisfy FOIA requests.

The creation of this commission will be decided in November’s election if sufficient valid citizen signatures are collected and approved on petitions now circulating. I’ve already signed.

Fort Smith attorney Joey McCutchen and transparency activist Jimmie Cavin of Conway, both longtime FOIA bulldogs, say this is a concept the people of our state wanted: an effective, apolitical avenue to resolve their government transparency grievances and issues. Having utilized the FOIA several times over my career, I know the way things stand now, it can often be needlessly expensive and combative.

McCutchen, a veteran of numerous FOIA courtroom battles I often turn to in such matters, explained the proposal this way: “This is not a commission created by government but one created literally by the people and for the people, which is why I favor calling it The People’s Commission. … It gives the people a different avenue through a commission to take their open government grievances to other than a courtroom. In the past the only avenue was to file a lawsuit, which could be an expensive, sometimes intimidating process.”

Cavin said there would be no charge for those seeking assistance from the commission. “Those denied their transparency rights will have no out-of-pocket costs, like filing fees or attorney fees. The people also have demanded this avenue for acquiring public information be timely. So it will be. The people will present their denial of rights in a non-intimidating forum.”

McCutchen added, “If complainants are unhappy with the outcome, they will still have the right to take their grievance to the circuit court. Or they can skip the commission and still take their case directly to the court.’

One challenge was who decides who would sit on the body, he said. “The final version decided the commission [would be] comprised of five individuals. Three will licensed attorneys who were former judges to be chosen by the Senate president pro tempore, speaker of the House and the Senate minority leader.”

In addition, the House minority leader will select a person with demonstrated expertise in transparency, and the lieutenant governor will appoint someone with journalism or media experience. “While not perfect, the process ensures there will never be a stacked commission but rather a diverse, representative group of decision-makers,” McCutchen continued.

Occasionally there are voluminous FOIA requests or those requiring extraordinarily extensive searches by records custodians. In those instances, McCutchen said it can be very difficult for the custodians to comply within the act’s required response time of three working days due to staffing and budget constraints. “So the act provides any custodian of records an avenue available to seek a reasonable timeline from the commission to provide the records, not to exceed 30 days.”

The portion I also found necessary is that the commission would have authority to fine a governing body or custodian an amount not exceeding $1,000.

“The People’s Commission is one example in the proposed transparency amendment/act of how Arkansans will guarantee future generations will have the strongest sunshine laws in the country,” McCutchen added.

FOR MEDICAL SCIENCE

I’ve received several appreciated messages from readers since my column about cremation. Some say they and relatives now deceased have chosen to donate their bodies to UAMS for medical studies to benefit the living. Now I’m also considering it.

This edited message was from Jenny Shreve: “Today’s subject was particularly interesting to me as a person (like you, also a cancer survivor) approaching the last third of my life on Earth. I wanted to share with you an additional option I would never have known possible were it not for my father.

“Since the 1980s, he had been registered with the UAMS anatomical gift/body donation program. Ever the teacher, Dad wanted his body to be used for the education of medical students. When he passed away in February 2020 … his body was transferred by the UAMS College of Medicine to its Department of Neurobiology and Developmental Science.”

His final wishes were carried out about a year ago, after which Shreve received his cremains in certified mail. There was no charge. “Besides this program being so important in medical education, it was extremely easy. Both my mother and I signed up for our own donations.”

Here’s how to request a form: tinyurl.com/anatomicalgift.