Arkansas
Transparency group unveils proposal to enshrine Arkansas FOIA in state Constitution
From the Arkansas Advocate:
A government transparency group on Wednesday released its awaited proposal to enshrine the Arkansas Freedom of Information Act into the state Constitution.
Formed in the wake of last month’s special session to add exemptions to Arkansas’ public records law, Arkansas Citizens for Transparency (ACT) hopes to protect the law by requiring a vote of the people to enact any future changes to lessen government openness.
The proposed amendment would also:
- Codify a definition of a public meeting, which has long been unclear and frustrating for transparency advocates and government officials alike.
- Stiffen penalties for violating the FOIA.
- Protect aggrieved citizens’ right to appeal FOIA decisions to circuit court and, if successful, collect attorneys’ fees.
- Substitute a new exemption for records related to security services provided to the governor and other state officials.
“It has become clear in recent years that it is critical to enshrine government transparency in Arkansas, regarding public records and public meetings, in our state constitution,” ACT leaders wrote in a Wednesday open letter. “Arkansas has been a national leader in government transparency since 1967, when Gov. Winthrop Rockefeller led the way for the enactment of the Arkansas Freedom of Information Act.
“We, the undersigned, believe strongly that Arkansas should maintain, and even strengthen, our position of leadership on this vital issue. We further believe that having an open and transparent government is a right, and rights belong in the constitution. For that reason, this group has come together — in spite of our varied, and in some cases fundamentally opposed, political perspectives — to propose the Arkansas Government Transparency Amendment.”
The measure still has a long road ahead before reaching the November 2024 ballot.
It must be submitted to Arkansas Attorney General Tim Griffin, who must approve the ballot title and popular name. Then, canvassers must gather more than 90,700 signatures from registered voters before July 5 to qualify for the ballot.
For now, the group plans to accept public feedback on the proposal for about a month, said Nate Bell, the former independent state lawmaker who has been one of the leaders of the effort.
Bell hopes to submit ballot language to the AG’s office sometime in November following a series of public meetings around the state. Members of the public can also submit feedback through the group’s website or Facebook page.
“We’ll incorporate any changes we feel are valid,” he said.
Then, Arkansas Citizens for Transparency hopes to gather signatures with strictly volunteers, but Bell said the group will make preparations to hire paid canvassers just in case.
Public meetings
The biggest change the amendment would make to Arkansas’ sunshine law is to provide a definition for what exactly is subject to the open meetings provision of the FOIA.
For years, public bodies and citizens have operated under a complex web of case law and attorney general’s opinions to determine what should be open to the public, often leading to disagreements.
For instance, should it be considered a public meeting when two justices of the peace talk about county business outside of a regular quorum court meeting? What if the conversation is strictly personal?
Under the proposal, a public meeting would be: “A meeting at which two or more voting or nonvoting members of a governing body communicate for the purpose of exercising the responsibilities, authority, power, or duties delegated to the governing body on any matter on which official action will foreseeably be taken by the governing body.”
Public meetings would also include “a series of two or more formal or informal, one-on-one communications between an agent or employee of a voting or nonvoting member of the governing body and more than one member of the governing to discuss any matter on which official action will foreseeably be taken by the governing body.” These could include text or email conversations.
Security records
The amendment effort spawned out of Gov. Sarah Huckabee Sanders’ effort to make sweeping changes to the Freedom of Information Act during a special session in September.
Sanders and legislative leaders’ primary stated goal was to exempt records related to the security provided to Sanders and her family, but the initial legislation went much further, including proposed deliberative process and attorney-client privilege exemptions that experts said would have left gaping holes in the public records law.
Those provisions were removed from the bill after loud pushback from citizens and officials spanning the political spectrum.
Instead, the Legislature passed a different measure focused on security records. While some groups got behind the stripped-down bill, others said it still was overbroad.
Sanders also sparked concern with comments shortly after the session when asked if she would continue to push for some of the FOIA exemptions that were removed from special session consideration.
“We’re not going to stop continuing to fight for more government efficiency and effectiveness, and I think this is just the beginning of that process,” she said at the time.
ACT’s amendment would repeal the exemption created during the special session, replacing it with a security exemption the group believes is more balanced with the public’s right to know.
It would exempt records reflecting the planning or provision of security services to the governor, lieutenant governor, attorney general, secretary of state, auditor, treasurer, commissioner of state Lands, members of the General Assembly, justices of the Supreme Court or judges of the Court of Appeals.
It would also apply to the minor children of those state officials.
The exemption would be for records less than three months old. Records older than that would be presumed to be public, but custodians of the records could appeal to circuit court to determine if the privacy of the record is essential to the ongoing security of the official being protected.
Asked about the proposal and whether Sanders had concerns about the substitute exemption, Communications Director Alexa Henning said:
“As the Governor has said, she is proud that legislation passed with bipartisan support to ensure the sources and methods used by law enforcement to protect constitutional officers and her family will be protected. Support that also includes the Arkansas Press Association and the Arkansas Broadcasters Association.”
Enforcement
The amendment explicitly states that the state can be made a defendant in FOIA litigation.
It also requires judges to fine public officials who knowingly withhold public records or conduct public meetings in private a minimum of $1,000.
Those officials should be held personally liable and the fines cannot be paid with public funds, the proposed amendment states.
The amendment also requires judges to award attorneys’ fees to plaintiffs in FOIA lawsuits unless the court finds the position of the custodian was “substantially justified.”
Future changes
The amendment allows the General Assembly to make changes to the Freedom of Information Act “in a manner that makes government or public process, meeting, or record more transparent.”
But legislation that makes government less transparent must be referred to the people at the next general election. Such a referral would require a two-thirds majority vote in the House and the Senate subject to approval by the governor.
In emergencies, the General Assembly may enact such measures that take immediate effect through a nine-tenths majority vote subject to approval by the governor.
Arkansas
Knowing the Florida Gators Opponent: Arkansas Razorbacks
Gainesville, Fla. – The Florida Gators men’s basketball team’s next destination is Fayetteville, Ark., as they’ll take on the Arkansas Razorbacks (11-4, 0-2) on Saturday for their third SEC matchup of the season.
Florida is currently sitting at 14-1 on the season and 1-1 in conference play. They opened their SEC slate with a nail-biting loss to the Kentucky Wildcats, losing 106-100 in Lexington.
However, the Gators were able to avenge this loss with one of the most dominant wins in men’s basketball history on Tuesday over No. 1 Tennessee. They trounced the Volunteers 73-43 in the O’Dome, marking the Gators’ first regular-season win over an AP No. 1-ranked team in program history and the biggest win over a No. 1-ranked team in the NCAA since 1968.
But enough about what Florida has done this season, let’s shift the focus to their opponents, the Razorbacks, and see who they are.
Arkansas’ season started out nice with a win over Lipscomb. However, it wouldn’t be the same for them in their second game of the season against then-ranked No. 8 Baylor, as they found themselves on the losing end of a tightly contested battle.
Then, following a good stretch for the team in red, they were tasked with the current No. 13 in the AP Poll, Illinois, and things wouldn’t go so well for new Razorbacks head coach John Calipari. His team was outclassed in this game 90-77, which ended their winning streak at four.
Arkansas did make amends with their fans a few games later, though. While participating in the Jimmy V Classic, they matched up with then-ranked No. 14 Michigan, who they narrowed past 89-87.
This win over the Wolverines helped maintain a three-game win streak that would eventually turn into a six-game streak. However, since SEC play started for the Razorbacks, they are 0-2 with losses to Tennessee and Ole Miss, who are currently ranked in the Top 25 AP Poll.
These pair of losses put Arkansas at just a 1-4 record against teams on their schedule to have been ranked or that are currently ranked.
While it was a complete roster overhaul for Calipari and the Razorbacks this offseason that was fueled by the transfer portal, their biggest grab has been from the high school ranks.
They added highly ranked players like Johnell Davis, Adou Thiero and Jonas Aidoo all from the portal, but it’s former five-star guard Boogie Fland who’s been arguably the best player for the Razorbacks this season.
Fland is averaging 15.5 points, 5.9 assists and 3.6 rebounds per game through 15 games this season. He is also connecting on 35.7 percent of his threes, which shows he’s more than just an inside scorer. Additionally, his 5.9 assists rank 24th among his competitors.
But in these first two SEC games, Fland is just 10-for-35 from the field and 3-for-17 from deep.
If the Gators can’t keep him in check like he’s been over these last two, then it might be a long afternoon for the visitors on Saturday.
Despite bringing in tons of talent that should’ve resulted in a great offense, Arkansas has been anything but that.
They currently rank inside the bottom five teams in the SEC in scoring offense, averaging 79.4 points per game. They do have two players scoring at least 15.0 points per game, but that’s pretty much it. Outside of Thiero (16.9) and Fland, they only have one other player in double figures (DJ Wagner, 10.5).
Moreover, if this becomes a free-throw-dominated affair, the Gators shouldn’t be too worried about the Razorbacks’ performance at the line. They are shooting 71.1 percent from the charity stripe, which is good for 12th in the league.
And, lastly, they have little to no presence on the glass. They are the worst team in the SEC in offensive rebounding, and they are 13th out of 16 teams in overall rebounding. These are two areas where the Gators dominate, and if things play out like they have been this season, then the visitors should outmuscle their counterparts.
This game will be televised on Saturday at 4 pm on ESPN.
Arkansas
Viewer pictures: The Natural State transforms into a winter wonderland
LITTLE ROCK, Ark. – A winter storm rolled into Arkansas Thursday and brought with it snow to the majority of western and central Arkansas.
Many from around the Natural State sent in pictures of their area covered in snow.
Though Arkansas is already full of natural beauty, there’s something about the state covered in snow that makes it even more of a winter wonderland.
Several kids from around the state got out and took advantage of the day off of school by throwing snowballs, digging up the snow, sledding and of course making snow angels.
Many who got out in the snow had enough accumulated to make snow men.
Share your snow day pictures at KARK.com/winter-pics.
Arkansas
Arkansas Blue Cross & Blue Shield Lays Off About 75 Workers, Reports $100M Loss
The Arkansas Blue Cross & Blue Shield building in Little Rock (Michael Pirnique)
Arkansas Blue Cross & Blue Shield sent layoff notices to 2% of its workforce — about 75 employees — on Thursday after reporting a loss of more than $100 million in the first three quarters of 2024, the state’s dominant health insurance carrier confirmed.
The Little Rock nonprofit had 3,375 employees as of April 2024, and its $3.14 billion in 2023 revenue put it at the top of Arkansas Business‘ most recent list of the state’s largest private companies.
But revenue in the first three quarters of 2024 was down by almost 7%, and the company (officially USAble Mutual) reported to the Arkansas Insurance Department a net loss of $100.5 million for those nine months. That compares with net income of $94.7 million for the same period in 2023, although the year finished with net income of just $13.2 million.
“The reduction in workforce was due to changing conditions in the market and increasing financial pressures primarily due to health care costs jumping to the highest levels in more than a decade,” Max Greenwood, an ABCBS spokeswoman, said in response to email questions Thursday afternoon.
ABCBS also has seen “large increases” in the use of all medical services, especially prescription drugs.
“These situations have caused necessary shifts in business strategy across the health care and health care insurance industries,” she said.
In addition, the insurance company lost tens of thousands of members as result of the state’s disenrollment of tens people on Medicaid in 2023.
As part of the Obama-era Medicaid expansion, the state pays private insurers to provide health insurance policies to qualifying Arkansans under the Arkansas Health & Opportunity for Me program, or ARHOME. This program had been known as the “private option” and Arkansas Works.
In January 2023, ABCBS had about 207,000 ARHome members. By December 2024, it was down to 108,729, Greenwood said.
“We’ve also seen a drastic increase in the claims amounts among our ARHome population,” she said. “Remember, since we were the first company who offered ARHome policies statewide when the program began, our block of members in that program is older and most likely unhealthier than what other carriers may be experiencing.”
ABCBS’ premium revenue fell during the first three quarters of 2024. It reported $2.2 billion premiums collected net of reinsurance through Sept. 30, a 4.8% drop from the same period in 2023.
The insurance company’s total members also fell from 630,444 on Dec. 31, 2023, to 598,492 on Sept. 30. The biggest drop came from its comprehensive individual plan. In that group, the total members fell nearly 17% to 132,596 members.
ABCBS also laid off 85 employees in January 2024. Those positions have not been refilled, Greenwood said.
She said it was too early to tell what the financial numbers will look like for the fourth quarter, which ended Dec. 31. No additional layoffs are planned at this time.
“Every executive vice president was asked to make reductions in their areas,” she said.
Greenwood said the insurance company has made several other budget-tightening moves for 2025. “We’ve reduced our budget by more than 7% including cuts to consulting and outside vendor costs, contract labor, software and equipment and facility costs,” she said. “We’ve also had to implement substantial premium increases on our small and large groups.”
Greenwood said the company has a strong balance sheet and has no concerns about its liquidity.
Founded in 1948, Arkansas Blue Cross & Blue Shield offers health and dental insurance policies for individuals and families.
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