Arkansas
Arkansans fight the power • Arkansas Advocate
This is why Arkansas needs to keep a strong public records and open meetings law, and make it stronger.
On Dec. 4, Helena-West Helena Police responded to an unidentified caller’s report of a “gang fight that included parents” at the city’s Central High School. Less than 10 minutes later, the school district’s independent campus police department told city officers they weren’t needed.
We know this much about the violence that day thanks to the reporting of Phillips County’s scrappy weekly newspaper The Helena World.
Since then, however, the Helena-West Helena School District has stonewalled newspaper publisher Andrew Bagley’s public records requests for school security video, incident reports and other documents. Even after he filed a lawsuit under the Arkansas Freedom of Information Act on Jan. 29.
The school district claimed a broad exemption to disclosing the video and other information under the federal Family Educational Rights and Privacy Act (FERPA), but, as the World’s lawsuit points out, FERPA allows the release of information if students’ identities are redacted.
Besides, the district undermined its own position when it held an expulsion hearing on Jan. 4 and not only publicly disclosed the names of students who participated in the melee, but discussed one student’s prior disciplinary record without the student being present or represented.
And, as Bagley pointed out in an article, the school district’s FERPA exemption claim is so broad that a publication “wouldn’t even be given the Honor Roll to print because it could be considered a student record under HWHSD’s claim.”
The school district “just doesn’t want this to see the light of day because it results in negative public relations,” Bagley said in the article.
“People have a right to know what is happening in their schools and how those entrusted with its management deal with issues. Bad things happen. Often, it’s the response to it that results in problems,” he said.
But the publisher’s struggle to make the school district comply with the FOIA isn’t his only public records battle.
After Helena-West Helena Mayor Christopher Franklin fired four police officers amid allegations of use of excessive force in February, the World asked for the officers’ personnel files and body camera footage.
Surprise! The city is stonewalling. City Attorney Andre Valley, citing an ongoing investigation exception for the video, requested an opinion from Attorney General Tim Griffin on whether the records can be released, but Griffin’s office sidestepped the issue, saying the city didn’t ask a clear-cut question, and declined to opine.
Since then, the mayor has left the matter in the hands of the city attorney, who continues to oppose the release of the personnel records and the body cam footage. Worse yet, the county prosecutor supports the city attorney’s position.
“This apparently is going to be the M.O. going forward. Delay, deny, delay,” Bagley said in an interview last week.
A proposed initiated act that would toughen civil penalties for violating the state FOIA and create a commission to help citizens enforce the law would help, Bagley said. He is part of the bipartisan coalition seeking to get the measure on the November ballot.
The proposed Arkansas Government Disclosure Act will “provide an avenue other than through a lawsuit” for citizens to enforce their right to know, Bagley said.
Plus, the criminal penalties in the Arkansas FOIA as it stands are “worthless,” he said. Prosecutors have rarely filed criminal charges under the law’s misdemeanor provision.
Bagley added that his paper’s fight to enforce the FOIA is more than just a local fight.
Proof of that came last month in a Crittenden County Circuit Court lawsuit in which the West Memphis School Board admitted violating the FOIA by interviewing candidates for superintendent without notifying the public of the special meetings and by failing to record the meetings. The court ordered the school district to pay the plaintiffs’ court costs and $1,500 in attorneys fees.
“This lawsuit is a perfect example of why the people of Arkansas are pursuing a constitutional amendment and people’s act to enshrine the right to transparency in our constitution,” attorney and FOIA warrior Joey McCutchen said in a news release about the case. McCutchen represented the plaintiffs.
“This case is the perfect example of the need in the people’s law to allow a Circuit Court to hold individual wrongdoers personally liable with the imposition of a $1,000 civil penalty which will not be satisfied with public funds,” he said, referring to provisions in the proposed Government Disclosure Act.
“Conduct rewarded is conduct repeated,” he said.
Supporters of the disclosure initiative and the proposed constitutional amendment to enshrine the people’s right to know in the Arkansas Constitution are gathering signatures now to get both items on the November ballot.
After years of legislative moves to weaken the FOIA, encouraged last year by Gov. Sarah Huckabee Sanders, the Helena-West Helena and West Memphis cases show why we need the pending proposals.
Arkansas
Former Arkansas football 3-star offensive lineman commit Ashley Walker reopens recruitment | Whole Hog Sports
Arkansas
When is Arkansas football coach Ryan Silverfield’s first press conference?
FAYETTEVILLE — Ryan Silverfield will be officially introduced as the 35th head coach of Arkansas football on Thursday, Dec. 4.
That’s when Silverfield will have his first press conference. The media session is scheduled for 1 p.m. Four hours later, Silverfield will be introduced to the public with a celebration inside the Walker Pavilion. That event is free to attend, with doors opening at 4 p.m.
Razorbacks athletic director Hunter Yurachek will also take part in Silverfield’s press conference with the local media.
Silverfield arrives in Arkansas after spending the previous decade at Memphis. He worked his way from assistant to head coach, taking over as the Tigers’ leader after Mike Norvell left for Florida State in 2019.
In six full seasons as the Memphis coach, Silverfield went 50-25, including a pair of 10-plus win seasons in 2023 and 2024. He earned bowl eligibility in all six years.
With eight wins this season, Memphis has posted 29 victories over the last three seasons to be among the nation’s top-15 programs in wins.
Before Memphis, Silverfield had stints at the high school, college and NFL ranks. He served as an assistant coach for the Detroit Lions and the Minnesota Vikings and spent time at Jacksonville, UCF, Toledo and Arizona State.
Arkansas craves the kind of consistent winning Silverfield experienced with the Tigers. The Hogs are coming off a 2-10 campaign under the combination of Pittman and interim coach Bobby Petrino. In their past three seasons, the Razorbacks have a combined record of 13-24 overall. That mark drops to 4-20 in the SEC.
Jackson Fuller covers Arkansas football, basketball and baseball for the Southwest Times Record, part of the USA TODAY Network. Reach him at jfuller@usatodayco.com or follow him@jacksonfuller16 on X, formerly known as Twitter.
Arkansas
Arkansas Court of Appeals reverses, vacates boy’s capital murder conviction as double jeopardy | Arkansas Democrat Gazette
Ella McCarthy
Ella McCarthy covers state politics and the state Supreme Court. Before joining the Arkansas Democrat-Gazette, she covered Austin City Hall for the Austin American-Statesman, and before that, held a fellowship with ABC News in Washington, D.C., where she covered national politics. A graduate of the Missouri School of Journalism, her work has been recognized by the Hearst Foundation, the Missouri Press Association and LION Publishers in the LION local journalism awards. She contributed to the Statesman’s coverage of a two-city shooting rampage that won a national Edward R. Murrow Award for breaking news coverage.
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