Hoxie: FOIA ‘poster child’

In what’s been called “the poster child” for why voters need to ap- prove a Freedom of Information Act constitutional amendment come November, the city of Hoxie and its Mayor Dennis Coggins lost a court decision, demonstrating how badly we need meaningful teeth in this important law.

And who would you guess was at the center of that courtroom victory for public transparency the other day? If you thought Fort Smith attorney “bulldog” Joey McCutchen of Fort Smith with his partner Stephen Napurano, you’ve obviously been reading over the past two years.

I don’t know of another law firm in our state or those surrounding us that has willingly appeared in courtroom after courtroom to apply meaningful civil justice where their beliefs in defending transparency lie. It’s certainly not about the money. McCutchen has often done so while agreeing to waive his legitimate fees.

If you know an attorney who walks the FOIA walk any better, be sure to let me know who and where. I wonder what would have happened in his many transparency cases had McCutchen not intervened on behalf of those denied what was legally theirs to to see?

My guess is those “public servant” illegalities would have gone unchallenged.

Third District Circuit Judge Rob Ratton rightfully ruled that Mayor Coggins (who shockingly admitted under oath he was ignorant of the Arkansas FOIA) and his city were in the wrong.

McCutchen explained details of the case in Lawrence County as unfolding this way:

The first FOIA violation occurred after Coggins prevented councilman Darrell Pickney from entering Hoxie City Hall. In response to that denial, Pickney used the FOIA to request a copy of footage from the denial incident from the city’s surveillance cameras.

“Hoxie City Attorney Nancy Hall later informed Pickney he was being charged for retrieving the copied video. But Judge Ratton ruled the city violated FOIA by failing to timely provide that surveillance footage. Judge Ratton further ruled the city then charged Pickney for the costs of retrieving the footage in violation of FOIA,” said McCutchen. “Hoxie City Attorney Nancy Hall recently also filed a complaint for money damages against Pickney to unlawfully collect payment from Pickney.” McCutchen and Napurano are also representing Pickney in that case.

“The city of Hoxie also violated FOIA by untimely producing public records in response to two additional Pickney FOIA requests,” McCutchen said “In one request, Pickney asked for the video footage of the February 2024 regular monthly Hoxie City Council meeting. During that meeting, City Attorney Nancy Hall raised multiple matters.

“When Pickney inquired about those matters, Mayor Coggins instructed him to remain quiet and even threatened to have him removed from the meeting if he continued asking questions. It was discovered at trial the city did not turn over that footage until the day before the trial.”

“In Pickney’s third FOIA request, he asked for bank statements related to the Hoxie Job Stimulus Fund (aka Reuse Fund). In September 2023, the city of Hoxie underwent an audit that uncovered several irregularities. One involved the use of a $110,000 reuse loan from the city of Hoxie to ‘Hatfield & Hall LLC.’ On information and belief, Hoxie City Attorney Nancy Hall is a co-owner of Hatfield & Hall LLC. as detailed in the Legislative Audit.

“I think this case is the poster child for why we need a strong Freedom of Information Act and why we need pass the constitutional amendment/act in November,” McCutchen continued. “Here, we had an everyday citizen, who happened to be a city council member, whose rights were violated under FOIA. But this case may have bigger implications. The folks who denied Mr. Pickney’s rights, in my opinion, did so purposely and knowingly.”

“This speaks to why we need the Arkansas Government Disclosure Amendment and Arkansas Government Disclosure Act, which will hold government officials like this personally accountable with civil penalties. No longer will wrongdoers be paying for their offenses with taxpayer funds like it’s Monopoly money.”

“Mayor Coggins testified in trial that he does not know about FOIA. Judge Ratton referenced Coggins’ testimony in his order and stated, despite Coggins’ ignorance of the law, “… It is his responsibility to ensure the city of Hoxie strictly complies with the requirements of FOIA … [and] [t]he buck stops with him as mayor.”

The judge also ordered the city to comply with FOIA requirements and FOIA requests in the future, as well as enjoining the city from unlawfully passing the cost of personnel time associated with retrieving public records along to those who make FOIA requests. After all, that’s a routine part of their job in serving the public, right?

I’m left wondering if the city attorney had ever briefed Hoxie’s elected mayor and council on the tenets of our FOIA. If not, why not? Seems to me that should be a fundamental requirement for all public figures drawing paychecks from the public trough in exchange for their legal expertise and advice.

McCutchen added, “In light of Judge Ratton’s ruling, the complaint for money damages filed by the city of Hoxie against Mr. Pickney should be immediately dismissed by City Attorney Hall.”

Probably not a bad idea.

It’s also not a bad idea that the committee responsible for fashioning the constitutional amendment for a new state transparency law make certain its open meetings section is unambiguous, with teeth for violators.

AGE OF ANTAGONISM

My 46-year-old daughter, a mother of two, texted in a downcast frame of mind the other night. She was reaching out to her father over what was weighing heavily on her mind. Bear in mind, this is a strong woman who retired as a Navy chief after 20 years after earning many honors.

A resident of the metropolitan Memphis area, she said she’d been downcast that evening. I asked why, expecting her to blame a bad day at work.

She had been dealing with a huge problem, but for a reason unrelated to her personally.

She was deeply upset by the state of our troubled nation as continually emphasized by the mainstream media, and how so many among us who once showed respect and empathy seem to have become filled with disrespect and rancor toward others.

“There is just so much evilness infecting the people in this world today … just so many people are needlessly selfish, mean and hateful.”

Always a spiritual person, having emerged into this world in her parents’ view as an obviously “old soul,” such broader concerns are nothing new for her. “I believe God has to have had it up to his neck with it, Dad,” she said.

“The human race today must be a huge disappointment to him. It’s just so sad and only a matter of time before he’s finished with watching it all, which I don’t fear. But the thought of that coming time is overwhelming.”

We chatted a while and she calmed down. We also came to agree, while I admired and appreciated her sincere feelings for humankind, the problem with our species is indeed the larger responsibility of the divine who put us here and she should do all she can to personally fight against the negativity.

She agreed, saying she was determined to combat the evil by choosing a positive outlook in her heart and mind, rather that having her spirit dragged down by those who’ve chosen to succumb to rancor and disrespect.

Thankfully we still have the individual ability to choose our approach during the fragile existence we share.

Coincidentally, the following day a friend living in another state sent an email saying, “It’s crazy what’s happening with people in this world today. How could this happen? I wanna help somehow, but it feels like criminals are in charge.”

That tells me my daughter and friend aren’t the only ones feeling the negativity and likely helps explain why antidepressant prescriptions nationwide have become so popular.

Now if you will go out into the world and treat everyone you meet exactly like you want them to treat you, that problem will be solved.