T-H files charges against PWSB for FOI violation

The Times-Herald has filed charges against the seven members of the Palestine-Wheatley School Board for violating the Arkansas Freedom of Information Act.

Times-Herald Publisher Tamara Johnson signed the affidavits at Palestine City Hall on Sept. 21, the day after the board met to interview Danny Samples to replace Jon Estes, who was fired during a Sept. 13 board meeting. The board hired Samples on Sept. 26.

The newspaper, which submits a letter to public agencies in January of each year asking to be notified of all regular and special meetings, was not notified of the meeting to interview Samples and did not learn of it until after it was completed.

The Administrative Office of the Courts appointed a special judge to hear the case after all five judges in the First Judicial District and the two District Court judges recused.

First Judicial District Administrative Judge Chris Morledge explained the local judges had to recuse because the case involves the newspaper and PWSD elected officials.

Morledge said the AOC maintains a list of retired judges who still hear some cases. “Brooke Steen, with AOC in Little Rock, drew from retired judges who still sit on the bench occasionally, and retired Judge Ralph Wilson from Osceola was picked to hear the case,” he said.

Morledge said Wilson will be over the case from the first court date, which is set for 1 p.m., Tuesday, Nov. 1, in St. Francis County District Court, until the case is resolved.

“Once it’s assigned to him, it’s his forever,” said Morledge. “He will make a special appearance on Tuesday or do it via Zoom, however they decide to do it.”

The board failed to notify the newspaper – or the public – that they would be meeting to interview Samples. The meeting, held in board member Jared Parker’s shop in Palestine, was attended by all board members, according to board president Derrick Boileau.

None of the proper meeting procedures were followed at the gathering, such as calling the meeting to order, calling an executive session to interview Samples or adjourning the

(Continued from Page 1) meeting, according to Boileau.

In addition to Boileau, the affidavits were signed against board members Parker, Vernon Thweatt, Hannah Baskins, Blaine McCoy, Micah Jo Hilsdon and Haven McCoy.

Violation of the FOIA is considered a Class C misdemeanor.