FAYETTEVILLE — The Northwest Arkansas Times filed a complaint Thursday that asks the Fayetteville prosecutor to investigate whether the head of the city’s Advertising and Promotion Commission violated the state’s Freedom of Information Act.
Times editor Greg Harton and city reporter Joel Walsh lodged the complaint Thursday on behalf of parent company Northwest Arkansas Newspapers.
City prosecutor Casey Jones said he plans to interview several people before deciding if he will file a criminal charge. Violating the state’s Freedom of Information Act is a Class C misdemeanor punishable by up to 30 days in jail and a $250 fine.
The newspaper alleges Marilyn Heifner, executive director of the commission, violated the law when she failed to give Walsh a document about leasing the old post office building. Heifner said Thursday she does not believe she violated the law.
“Our never-ending goal is to report to readers what our government agencies do or propose to do with tax dollars,” Harton said in a statement. “Hiding the existence of a public document on a real estate deal flies in the face of government transparency, something Fayetteville’s leadership says is a paramount policy.”
The commission voted Jan. 9 in favor of leasing the 100-year-old building from owner Ron Bumpass for $5,000 a month with the option to purchase the building for $1 million after one year.
Bumpass said his wife delivered an unsigned counter-offer to Heifner either Jan. 25 or 26. Under the terms of the counteroffer, the commission could lease the building at $7,500 a month with the option to purchase it for $1.5 million.
Web Watch
Read the Freedom of Information Act request and email exchange between Marilyn Heifner and Joel Walsh at www.nwaonline.com/heifnerfoi
Walsh emailed Heifner Jan. 25 asking for the counteroffer. Heifner replied “there is nothing going on to my knowledge. If we get another proposal, I’ll call you,” according to email messages.
Walsh repeated his request to see the counteroffer by email Jan. 30. Heifner replied there was “no news to report.”
When Walsh called her Monday, Heifner again said there was no counteroffer.
Walsh emailed Heifner a Freedom of Information request for the document after their Monday conversation. Heifner produced the document Monday, admitting to the reporter she lied about having the document the previous day because she didn’t want to reveal real estate negotiations to the public.
Correction
Heifner produced the document Monday. This story originally had the wrong day.
Heifner said Thursday she does not believe she violated the Freedom of Information Act because she produced the document when Walsh sent her a formal written request. She said she doesn’t believe a verbal request to release the document was sufficient.
“I got the FOI request and turned it over immediately,” she said.
Under the Arkansas Freedom of Information Act, requests for public documents “may be made in person, by telephone, by mail, by facsimile transmission, by electronic mail or by other electronic means provided by the custodian.”
Tom Larimer, executive director of the Arkansas Press Association, said it is important for newspapers to file such complaints to ensure the public is better informed about the workings of government.
“Government operates best when it operates in sunlight,” he said. “Not being open about these records is really a disservice to the public.”
Mayor Lioneld Jordan, who also sits on the commission said Thursday he wanted to get more information about the newspaper’s complaint before commenting on it. He said he was unsure if it would be discussed at the commission’s next meeting, set for Monday.