State legislators’ files sought

Legislative unit to hire outside lawyers for federal requests

Lawmakers have approved a request to allow the Bureau of Legislative Research to hire outside counsel to deal with requests from unnamed federal investigators who want access to lawmakers’ records.

The request was approved at an Arkansas Legislative Council Executive Subcommittee meeting Thursday. The Legislative Council then reviewed a report from that subcommittee on Friday. There was no discussion on the matter at either meeting.

In an interview Friday, Marty Garrity, director of the Bureau of Legislative Research, said the request is related to “ongoing investigations” from “federal entities.”

“We have been generally notified that we may be approached for confidential working papers of members,” she said.

The research bureau is a staff division of the General Assembly. Its employees draft legislation, research topics, attend committee meetings, review state agency rules, codify laws and provide computer services to the House and Senate.

“Unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices, Court of Appeals Judges, and the Attorney General,” are exempt under

the state Freedom of Information Act.

Garrity said this was the first time she had made the request to a legislative committee for hiring outside counsel. She said she didn’t have a budget, did not know when the hiring would occur or who would be employed.

She also said she could not say who was involved in the investigations or which federal entities were investigating.

A spokesman for the FBI declined to comment Friday.

Senate President Pro Tempore Jonathan Dismang, R-Searcy, said in a text message: “I have not asked [Bureau of Legislative Research] who has made the request. I do not know their scope or who is involved. It’s my understanding that the potential requests are regarding working papers and legislative correspondence. BLR requested the hiring of outside [counsel] for guidance.”

In an interview, House Speaker Jeremy Gillam, R-Judsonia, acknowledged an investigation was occurring, but said he didn’t have details.

“We’ve seen that occurring over my time in the Legislature, especially over the last three or four years, and I think with some of the dynamics moving forward, the

Ecclesia College President Oren Paris III of Springdale is accused of paying kickbacks to [ex-Sen. Jon] Woods while Woods was a legislator. Woods, in turn, paid [ex-Rep. Micah] Neal in some cases, according to the indictment. Neal pleaded guilty to public-corruption charges on Jan. 4.

bureau said let’s go ahead and get the permission to seek counsel when necessary,” he said.

Some Freedom of Information Act issues have become more complex, Gillam said.

“We’ve been able to handle some things, but we’re getting kind of close — maybe — to the edge of our expertise here or there,” he said.

In response to a reporter’s question Thursday about whether any particular issue sparked the request, Garrity said it had not. She followed up on Friday, saying there had been confusion on her part about the question and explained the outside counsel request pertained to the federal investigation.

The request follows federal indictments of two former lawmakers — ex-Sen. Jon Woods and ex-Rep. Micah Neal, both R-Springdale.

Ecclesia College President Oren Paris III of Springdale is accused of paying kickbacks to Woods while Woods was a legislator. Woods, in turn, paid Neal in some cases, according to the indictment. Neal pleaded guilty to public-corruption charges on Jan. 4.

Paris passed the kickback payments through Randell Shelton Jr., a consultant from Alma, and Shelton was a business partner Paris hired on behalf of the college, according to the indictment. The indictment doesn’t name the college but says Paris is the president of a nonprofit operating a college in Springdale.

Attorneys for Woods, Paris and Shelton have entered innocent pleas on behalf of their clients.

The category of state money used — the General Improvement

Fund — has long been the subject of controversy. The fund is surplus cash from the state budget and is used for onetime projects.

The Arkansas Supreme Court ruled in 2005 that payments directly approved by lawmakers to local interests like ballparks and volunteer fire departments amounted to unconstitutional local legislation.

After the decision, lawmakers shifted the money to local economic development districts that distribute

the money through grant programs. Lawmakers often write letters, urging the development districts to spend money in particular ways.

Pulaski County Circuit Judge Chris Piazza upheld the program in a November decision.

When Gov. Asa Hutchinson presented his budget that month, he didn’t set aside any money for projects sponsored by lawmakers. He cited needs ranging from foster care to education to public safety.

And during the 2017 regular session, lawmakers authorized no money for their favored projects. Instead, estimated surplus funds were allocated to the rainy-day fund, which is used for needs that arise between legislative sessions. Disbursements from that fund require action by lawmakers and the governor.

Lawmakers authorized $20 million in General Improvement Fund money for their favored projects in fiscal 2015, after approving $60 million in 2009, $10 million in 2011 and $70 million in 2013.