Connect with us

Arkansas

Government transparency group sues Arkansas AG over rejection of proposed amendment – Arkansas Advocate

Published

on

Government transparency group sues Arkansas AG over rejection of proposed amendment – Arkansas Advocate


Arkansas government transparency advocates sued Attorney General Tim Griffin on Tuesday, claiming his repeated rejection of a proposed amendment to the state Constitution is a misuse of his powers.

The nonpartisan Arkansas Citizens for Transparency (ACT) has been trying since November to gain Griffin’s approval of language for two proposed ballot measures: an initiated act to alter the state Freedom of Information Act and a constitutional amendment that would create the right to government transparency and restrict the Legislature’s ability to limit it.

Griffin has until Wednesday to approve or reject the third iteration of the proposed amendment and until Thursday to approve or reject the third iteration of the proposed act.

ACT’s complaint to the Arkansas Supreme Court alleges that Griffin’s refusal to certify previous versions of the Arkansas Government Transparency Amendment was based on personal disapproval and an attempt to prevent the group from having enough time to gather signatures in support of the measures. Proposed amendments require 90,704 signatures from registered voters by July 5 to qualify for the November ballot.

Advertisement

“The power to initiate an amendment is specifically reserved to the people of this state,” ACT wrote in the complaint. “The Attorney General is using his statutory duty to review and approve a ballot title to prevent the people from proposing the text of the amendment they want, denying approval of a popular name and a ballot title unless the text of the proposed amendment is written as directed by him, and using the ballot title process to prevent the petitioner from collecting signatures on the petition.”

The first two amendment proposals said the state Legislature “shall not make a law that diminishes public access to government” without the approval of the people of Arkansas. The third proposal did not include this clause or a definition of the phrase “diminishes public access to government” in response to one of Griffin’s continuing concerns.

It is not the Attorney General’s right to effectively decide the fate of this measure by denying approval of a popular name and ballot title.

– Arkansas Citizens for Transparency, CV-24-40

Advertisement

Griffin rejected the first draft of the amendment Dec. 11, saying it lacked clarity in its use of specific terms, including “government transparency,” which he claimed had “partisan coloring” and “seems more designed to persuade than inform” potential voters.

ACT submitted a new draft, which included four potential ballot titles, on Dec. 20 with a definition of government transparency as “the government’s obligation to share information with citizens.”

Earlier this month, Griffin rejected the second draft and wrote in his opinion that a definition was not enough because the existing Arkansas Freedom of Information Act does not use the term “government transparency.”

Advertisement

“The Attorney General again refused to approve and certify any of the proposed popular names and ballot titles submitted by the Petitioner and failed to substitute and certify a more suitable and correct ballot title and popular name,” ACT’s complaint states. “Instead, he issued a condescending and improper opinion chastising the Petitioner for not following his previous opinion in not writing the text of the measure as he wanted it written and not as the Petitioner wanted.”

David Couch, one of the five attorneys on ACT’s seven-member drafting committee, said after the second rejection that a lawsuit was “imminent” and that Griffin’s decisions violated the people’s constitutional rights.

“I am confident in our review and analysis of ballot submissions and look forward to the Arkansas Supreme Court’s review in this case,” Griffin said in a statement through a spokesperson.

ACT lawsuit CV-24-40

Advertisement

Reasons for rejection

The Arkansas AG’s office had long reviewed ballot titles and popular names until the General Assembly, with support of then-Attorney General Leslie Rutledge, shifted ballot title certification responsibility to the State Board of Election Commissioners in 2019. 

Early last year, Act 194 of 2023 shifted this power back to the attorney general’s office. 

The attorney general may reject a ballot title and popular name if they “would be misleading or designed in such manner that a vote “FOR” the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote “AGAINST” the issue would be a vote for a viewpoint that the voter is against,” according to Act 194.

This was not the case regarding ACT’s first two submissions of the proposed amendment, the complaint states.

Advertisement

“Because he did not find the ballot title was designed in a misleading manner, he is required to either approve and certify the ballot title submitted or to substitute and certify a ballot title,” the complaint states.

Griffin cited the “lack of the full text” of the amendment as reasons to reject both proposals. He clarified in his second rejection that this meant an “attempt to incorporate key provisions of the FOIA into the constitution by referencing the FOIA’s key terms” without specifically referencing the law or defining those terms. He also wrote that the proposed amendment did not clarify the impact it would have on state statutes.

ACT wrote in the complaint that these reasons did not merit a rejection of the ballot title and popular name.

“The Attorney General’s rejection of the ballot title and popular name demonstrates that he has either a complete lack of understanding of his role in the initiative process or he is intentionally thwarting the effort of the petitioner to get this amendment approved for the ballot so that the voters of the state can decide its merits,” the complaint states. “It is not the Attorney General’s right to effectively decide the fate of this measure by denying approval of a popular name and ballot title.”

State law allows petitioners to appeal to the Supreme Court if they believe a measure has been unfairly rejected. ACT’s complaint asks the court to “compel the Attorney General to approve or rewrite the popular name and ballot title for each measure.”

Advertisement

GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Advertisement



Source link

Arkansas

A 21-year-old Arkansas man, formerly from Newaygo, died after crashing dirt bike into tree

Published

on

A 21-year-old Arkansas man, formerly from Newaygo, died after crashing dirt bike into tree


An Arkansas man died after crashing a dirt bike on Sunday.

The 21-year-old Arkansas man, formerly from Newaygo, crashed into a tree while riding a dirt bike on private property in Ashland Township near Grant on Sunday before 2:30 p.m., according to Michigan State Police (MSP) troopers.

Emergency responders tried to save his life but he died at the scene.

Troopers are still investigating but do not suspect drugs or alcohol as factors in the crash.

Advertisement
Comment with Bubbles

BE THE FIRST TO COMMENT

MSP did not initially release any additional information.



Source link

Advertisement
Continue Reading

Arkansas

Arkansas softball heading to NCAA Tournament | Seed, opponent, regional info

Published

on

Arkansas softball heading to NCAA Tournament | Seed, opponent, regional info


FAYETTEVILLE — Arkansas softball will once again host an NCAA Regional, this time as the No. 5 overall national seed.

The Razorbacks (42-11) will be the top seed in Fayetteville and open the tournament against fourth-seeded Fordham (27-26) at 4:30 p.m. on Friday, May 15.

Washington (36-18) is the two-seed and will face three-seed South Florida (42-15) that same day inside Bogle Park.

Advertisement

Arkansas is paired with the Durham Regional hosted by Duke (39-14) for a potential super regional. Arizona (35-16), Marshall (37-17) and Howard (28-17) are joining the Blue Devils in the regional.

This is the sixth consecutive season the Razorbacks will host a regional. It is also the program’s eighth straight NCAA Tournament berth under coach Courtney Deifel. Arkansas has reached the NCAA tournament 14 times, and more than half of those appearances have come under Deifel.

Arkansas ended the season No. 1 in the RPI despite finishing seventh in the SEC standings. The Hogs were eliminated by Alabama in the conference tournament quarterfinals.

Advertisement

Last year, Arkansas lost to SEC rival Ole Miss in the Super Regionals. The Hogs fell one win shy of reaching the Women’s College World Series for the first time in program history. They are hoping to take that elusive next step this summer and book a trip to Oklahoma City in two weeks time.

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. 



Source link

Continue Reading

Arkansas

Arkansas’ data race | Arkansas Democrat Gazette

Published

on

Arkansas’ data race | Arkansas Democrat Gazette


In the race to build data centers across Arkansas, the Google campus at West Memphis has taken the lead. Google is already hiring electrical engineers and facilities technicians.

I spent several days in West Memphis last summer to report on the amazing economic developments in Crittenden County. Those developments include the explosive growth of Southland Casino, a future Buc-ee’s location adjacent to Interstate 40, and a future water park and hotel complex known as Epic Resort. But even though an official announcement had not been made, city and county officials couldn’t help talking off the record about Google.

That announcement came in October when Google officials confirmed that they will spend $4 billion through the end of 2027. At the time, it was the largest private investment announcement in Arkansas history. The biggest previous capital investment was $3 billion spent on the recently completed Big River Steel II plant in south Mississippi County.

Advertisement

West Memphis Mayor Marco McClendon believes the total investment by Google could wind up being $7 billion to $10 billion. McClendon said the first phase of the campus will employ about 300 people, with thousands working at the site at the peak of construction.

McClendon said property taxes on the site will produce millions of dollars per year for the West Memphis School District.

The project is being built on an 1,100-acre tract and is expected to take between 18 and 24 months to complete. The campus will include data center structures, office buildings, a power substation, and other infrastructure. In partnership with Entergy Corp., Google will cover the costs associated with powering the facilty. Laura Landreaux, president and CEO of Entergy Arkansas, said the project will “stimulate economic growth in northeast Arkansas and across the state.”

“This project is more than just jobs, buildings and technology,” McClendon said. “It’s about the future of our city, opportunity, investment and education.”

Laurel Brown, regional head of data center public affairs at Google, said: “We’re also working together to bring solar energy and battery storage resources online. We’ll integrate innovative load flexibility into our power contract to reduce our usage during times when the grid is constrained.”

Advertisement

Google plans to invest $25 million to implement energy efficiency initiatives in this part of the Arkansas Delta. McClendon promises that there will be more announcements regarding what he calls a “community development agreement” between Google and the city. The energy efficiency program will focus on home weatherization, efficiency technology, and energy workforce development.

Google also announced that the University of Arkansas and Arkansas State University will be among the first cohort of what’s known as Google AI for Education Accelerators. Students, faculty and staff will be given access at no cost to Google career certificates and AI training classes.

The West Memphis project, however, didn’t stay atop the list of largest announced capital investments for long.

We learned in January that AVAIO Digital Partners of Connecticut will build a $6 billion facility just south of Little Rock. The 760-acre tract is north of 145th Street and west of Wrightsville. AVAIO officials said the cost could grow to more than $21 billion (think of the tax revenue a project that size could bring) if all elements are added. AVAIO officials said the user of the site will hire more than 500 employees during the next five years.

Sydney Sasser wrote in the Arkansas Democrat-Gazette: “The center will be designed to host the computing, networking and data storage technologies (and the power infrastructure) that underpin cloud computing and artificial intelligence applications. … AVAIO plans to lease space in the data center to other data companies.”

Advertisement

“It’s our intention that this extraordinary site in the Little Rock area will be both a major pole of data center capacity and an engine of sustained economic and technological momentum for Arkansas,” said Mark McComiskey, the AVAIO CEO.

As is the case in West Memphis, Entergy will supply power for the AVAIO campus.

Just two days after the AVAIO announcement, the Democrat-Gazette reported that Google is the company developing a data center at the nearby Port of Little Rock. Google had yet to announce its involvement in the project. Google is also expected to construct a data center at Conway.

A document that was later submitted by Google to the U.S. Army Corps of Engineers said the campus at the Port of Little Rock will consist of five industrial buildings totaling 1.43 million square feet, two office buildings and an electrical substation.

“Google’s center will also contain transmission lines, a sewer lift station and a parking lot,” Lucas Dufalla wrote in the Democrat-Gazette. “Construction will involve filling about 16.8 acres of wetlands. Google plans to purchase wetland mitigation credits as an offset, according to the application.”

Advertisement

A revised public notice posted by the Corps said the data center at the port will “likely draw more than 100 megawatts of power.”

So we know Google will have at least three data center campuses in Arkansas–at West Memphis, Little Rock, and Conway. What we don’t know is how many billions of dollars Google eventually will invest in the state.

“Google is investing in the next generation of AI innovation in Arkansas and across the country,” said Ruth Porat, the company’s president and chief investment officer. “We see AI and the energy powering it to be the innovations that will define this century. The upside of AI cannot be unlocked without the energy it requires. That’s why Google is building energy capacity that protects affordability for ratepayers and creates jobs that will drive the AI-powered economy.”

Entergy’s Landreaux described the partnership between Google and Entergy as “a turning point for our state.”

In Clarksville, meanwhile, Serverfarm, a data center developer based in Los Angeles, has plans for a 135-acre campus. The project, located north of Interstate 40, could cost $8 billion with six buildings covering 2.16 million square feet. The land was acquired last October. It was then rezoned from rural to industrial use. The project is expected to be built in three phases. It’s not clear how much the first phase will cost.

Advertisement

Serverfarm is building data center projects around the world. It’s owned by Manulife, the largest insurance company in Canada and one of the 30 largest fund managers in the world.

In southwest Arkansas, the Economic Development Corp. of Clark County voted last month to sell the 991-acre Southwest Arkansas Mega Site south of Arkadelphia to an unnamed buyer for a data center campus. Members of the board were told that the buyer would make a minimum investment of $1 billion.

Shelley Short, CEO of the Arkadelphia Regional Economic Development Alliance, said: “I’m incredibly excited, but we’ll have to be patient.”

The deal, however, quickly fell through. The Southwest Arkansas Mega Site is back on the market.

During last year’s legislative session, lawmakers changed the definition of data center projects that qualify for tax breaks. Act 548 added to the definition of a “qualified investment” to include a “qualified large data center” that can be but isn’t limited to “nonadjacent physical locations that are connected to each other by fiber and associated equipment.”

Advertisement

Rex Nelson is a senior editor at the Arkansas Democrat-Gazette.



Source link

Continue Reading
Advertisement

Trending