FOIA lives, but battle isn’t over

After intense public opposition last week, Gov. Sarah Sanders backed off sweeping changes to Arkansas’ Freedom of Information Act.

To perhaps everyone’s shock, Sanders had become an unexpected, and unintended, uniter. Opposition to changes came from deeply conservative and liberal Arkansans. Passionate arguments were made by Republican citizens who felt compelled to point out government transparency remains a plank in the Arkansas GOP’s platform.

They took the plank and beat their resistant lawmakers over the head with it. They all know transparency serves all citizens.

Senate President Pro Tempore Bart Hester of Cave Springs certainly had his hands full, trying to find a path by which he could deliver a bill the governor so desperately wanted. Most everyone agreed the governor’s security was of serious concern and was agreeable to new limits on what information could be released about the structure of the security surrounding her.

Sanders cited death threats, although any link of those threats to in-received was theoretical. I accept that there are some security details worth keeping under wraps. But in testifying to a Senate Committee on Tuesday, State Police Director Mike Hagar had this to say about his practice under current law.

“I just want to be clear on that we have never released any operational details at all — ever, not one time — in the state police that we are aware of,” he said.

If that’s the case, how is it the state needs to immediately pass a new exemption to a state law, with an emergency clause that puts it into immediate effect, that prior governors have lived with just fine?

Well, the answer appears to be an unprecedented level of threats against our current governor. Why? I’d bet it has little to do with her duties as governor, an office she’s held since January. Hagar himself detailed how the governor is a politically divisive figure. He linked the uptick in threats to her previous employment as the spokesperson for ex-president Donald Trump.

So, yes, I think it’s entirely fair for Arkansans to know how much her belligerence in that role will cost them as she attempts to govern Arkansas and travels about the state, nation and world. Shield the number of security officers and security plans, but if political operatives or other politicians are hitching a ride on Arkansas One (if that’s what they call the airplane hauling the governor), Arkansans ought to know that, too.

Or if she’s making a ridiculous airplane trip between Fayetteville and Rogers — as she recently did — taxpayers ought to see that and judge for themselves whether it’s an extravagance.

With last week’s changes, I doubt anyone will know much about such trips.

Despite the fact a lot of the opposition came from conservative Republicans from Saline, Pulaski and other counties, Sanders declared “radical leftists” were “crushing” her ability to defend her conservative victories. It’s the kind of hyperbolic misdirection Sanders and her administration are becoming known for. Arkansas deserves better.

Thankfully, the other sweeping changes to the FOIA were stripped from the legislation after two days of resistance from Arkansans of just about every political stripe. So there was cause to breathe a sigh of relief. But if you think they’re finished attacking government transparency, think again.

In signing the legislation, Sanders said “We are not going to stop continuing to fight for more government efficiency and effectiveness, and I think this is just the beginning of that process.” Translate that to “government secrecy and obfuscation” and I think we have an idea of what’s ahead for the FOIA.

Attorney General Tim Griffin has cranked up a working group to look at changes to the FOIA over the next year or so. Hester urged the panel to start with the proposals dropped from the bills considered in this session.

Here’s my advice: Don’t.