Executive session illegal

GARFIELD — Three City Council members and Mayor Gary Blackburn met in a 40-minute executive session illegally Tuesday night.

The Arkansas Freedom of Information law allows executive sessions to discuss personnel matters — hiring, firing, promotion and demotion.

In announcing the intent to go into executive session, the mayor said the council would go into executive session for the election of an alderman to fill the vacancy in Ward 1, Position 2.

There was one applicant for the position, according to Blackburn.

Another applicant, Brandi Bryant, had presented her name after the deadline set by Blackburn for receiving applications.

After coming out of executive session, the mayor said: “We made the decision to postpone the filling of the vacancy. It’s in the best interest of the community if they invite all interested and qualified individuals to attend

the next council meeting and to make their request known. Everyone who makes a request will be interviewed.”

“The only advertisement will be what people hear tonight,” Blackburn said. “Qualified individuals need to attend and be interviewed.”

Alderman Kathy Shook, when asked if procedure had been discussed during the executive session, said it had.

Attorney John Tull said: “When an executive session is called for a personnel matter such as the appointment of a council member the session may only include a discussion of the person’s qualifications and the executive session may not be extended to include a discussion of general policy or procedure. After the discussion of the applicant was concluded the council should have terminated the executive session and reconvened in open session to discuss any process and procedure issues.”

Tull, an attorney with Quattlebaum, Grooms & Tull in Little Rock, is a lawyer for the Arkansas Press Association.

Several Arkansas Attorney General opinions concerning executive sessions to discuss procedure or policy state it is not legal to set policy and criteria for filling positions.

According to the 16th edition of the Arkansas Freedom of Information handbook:

• Can a governing board of a public entity go into executive session to discuss general salary matters or to set policy and criteria for filling positions? No. Opinion Nos. 2009-077 and 93-403.

• Can a governing body meet in executive session to screen and review employment applications? Yes, if the meeting revolves around a specific individual or individuals and not policies. Opinion Nos. 2006059, 93-403 and 91-070.

Attempts to contact Mayor Blackburn Tuesday for further comment were unsuccessful.