Council member sues Hoxie over records request
A Hoxie City Council member has filed a lawsuit against the east Arkansas city, saying he was denied access to records under the Arkansas Freedom of Information Act.
The lawsuit, filed in Lawrence County Circuit Court on Monday, claims the city violated the law by not providing records within three days requested by council member Darrell Pickney.
The lawsuit also states that the city unlawfully charged Pickney for the labor associated with gathering public records and that the mayor tried to silence him at a City Council meeting.
The dispute began in the fall, when Pickney raised questions about an audit. At one point, according to the lawsuit, Mayor Dennis Coggins blocked him from entering City Hall.
Pickney asked for surveillance video of the incident.
Also, the city billed Pickney $220 and said he could not have the footage until he paid for the video.
Later, “without understanding his rights,” he wrote a check for the video, according to the lawsuit filed by attorneys Joey McCutchen and Stephen Napurano of the McCutchen Sexton Napurano law firm in Fort Smith.
Then, after watching it, Pickney realized it did not capture the situation, according to the lawsuit.
On Feb. 12, City Attorney Nancy Hall filed a complaint for damages in Lawrence County District Court, saying that his FOIA request constituted a contract with the city.
Pickney asked a judge to order the city to comply with his FOIA requests and stop charging for employee time.
He also seeks attorney fees and costs.
Efforts to reach the mayor and city attorney for comment were unsuccessful Tuesday and Wednesday.
Last month, the McCutchen Sexton Napurano law firm — representing two West Memphis residents — were successful in an FOIA lawsuit against the West Memphis School District and its school board.
The district and its board violated the Arkansas Freedom of Information Act regarding the selection of a superintendent last year.
As a result, the district must pay legal fees and a $1,500 fine.