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Mayor says he's covered up by FOI request |
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Thursday, 30 August 2007 |
Benton Mayor Rick Holland won’t be responding to any e-mails today because his computer is in use for Freedom of Information Act research.
Holland said Little Rock attorney William O. “Bill” James Jr., who represents a recently disciplined Benton police officer, has requested all e-mail communications he (Holland) has sent at any time during the past four years to more than two aldermen.
James is serving as legal counsel for Mike Kassel, who Police Chief Gary Sipes demoted from lieutenant to sergeant.
The Benton Civil Service Commission conducted a hearing Wednesday night in conjunction with the demotion, but only one witness presented testimony and the remainder of the hearing will take place Oct. 3, City Attorney Brent Houston said today.
“City Hall believes strongly in the FOI Act and we are constantly complying with the law,” Holland said. “Sometimes FOI requests are very complicated and require a lot of research and resources to comply with, which is so in this case.
“They have asked for a large volume of records and, as such, it has necessitated our hiring part-time help to work on this one,” he said. “The temporary help worked on this from 9 to 5 yesterday, and I believe she will have to work that long today.
“I’ve sent out an e-mail today telling people that I won’t be able to be on my computer while she’s researching this,” the mayor said. “I sent this because I didn’t want people to think I was ignoring their e-mails.
“I don’t mind complying with FOI requests, but we have to spend taxpayer money to do so,” he added.
The letter from James also asks for “any and all phone records, calendar entries or documentation that communicates the existence in any way of any and all conference calls wherein you the mayor and more than two aldermen participated.”
The letter states that the mayor “may limit this search to the past four years.”
Also requested are “any and all phone records, calendar entries or documentation that communicates the existence in any way of situations where you called every member of the city council in the span of one day’s time.”
This request, too, should apply to the past four years, James’ letter states.
In making the request, James cited two Arkansas cases related to informal meetings between a mayor and more than one member of the council, or situations where the council was polled via a series of phone calls and, as such, assuming there was no notice to or inclusions of the press in said meetings, to be illegal meetings.
The cases noted are Harris v. City of Fort Smith (Nov. 4, 2004) and El Dorado Mayor v. El Dorado Board (1976).
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