Judge gives lawyers 20 days for written proposals in FOIA case

FAYETTEVILLE — A judge hearing a Freedom of Information Act complaint against Washington County officials on Monday gave lawyers for the two sides 20 days to present written proposals of “findings of fact and conclusions of law” before he rules in the case.

Circuit Judge William R. Wright of Hope heard arguments Monday from Jason Owens, representing the county, and Steve Zega, representing Beth Coger in her complaint against the county and a number of county officials and employees. Wright told the attorneys to email him their written proposals by Aug. 28.

Coger, a Washington County resident, community activist and justice of the peace for District 9 on the Quorum Court, sued the county, the county judge and other county officials Nov. 10 for failure to notify the public of meetings of the county’s Job Evaluation/Salary Administration Program Committee and for not complying with records requests she made under the state’s Freedom of Information Act.

Wright made a ruling in the case Dec. 29, in which he found the Job Evaluation/Salary Administration Program Committee is a public body, and its meetings should be public. Wright also awarded Coger approximately $1,000 in court costs.

An order detailing Wright’s ruling was filed in the case Jan. 20. Owens argued on Monday the order was not a “final judgment” in the case as required by law. Owens argued the order did not address all of the issues raised, including a motion by the defendants to dismiss the complaint. Because no final judgment had been filed in the case, Owens argued, a writ demanding payment to Coger should also be set aside.

Zega argued Arkansas law provides time limits for challenging or amending court rulings, and all of those time limits have expired in this case.

“The question that re

mains for you is, was this a final, applicable order?” Zega said. “Is it a judgment? I submit that it is.”

Zega also asked Wright to order the county to pay his fees in the case. He did not represent Coger when she initially argued the case but has since represented her in a separate Freedom of Information Act complaint over open meetings and the county’s legal obligation to record public meetings. In that case, it was found the county did not allow an opportunity for public participation in a subcommittee meeting of the Criminal Justice Coordinating Committee and did not record the meeting; the county was ordered to pay Coger $5,110 in attorney fees and $335 in court costs.

Coger said she spent years “begging” the county to be open and to provide information about county government to the public before filing her lawsuits.

“I’m through begging,” Coger said.