Members of the Arkansas Veterans' Commission exchanged emails and held a private conference call without notifying the public to maintain a positive image and shield public officials, according to commissioners and emails obtained under the Arkansas Freedom of Information Act.
The conference call likely broke open meeting laws, and the emails arguably violated those same provisions, said John Tull, legal counsel for the Arkansas Press Association.
Commissioner Gregory Brown revealed at Tuesday's Veterans' Commission meeting that about eight members had participated in a conference call to formulate a series of questions for Brown to email to Arkansas Department of Veterans Affairs Director Matt Snead before the meeting.
The email, which was sent to Snead and all 14 other commission members, asked Snead to "informally" update the commissioners before Tuesday's meeting on the obstacles that have delayed the opening of the Arkansas State Veterans Home at North Little Rock.
"The reason for this round of questions is so that the Veterans' Commission can be informed prior to the meeting so that no one is in the 'hot seat' and bombarded by questions that we, the commission, cannot and may not be prepared to answer," Brown's email, obtained through a public records request, read. "This way, in the public eye, we are unified with our responses."
The Veterans' Commission, created as a task force in 1979, exists to advise the state VA director on the operation and improvement of the two state-run veterans homes and the state Legislature on matters affecting veterans and their families.
The board's 15 members are appointed by the governor to five-year terms. The members, who meet quarterly, may be reimbursed for expenses.
Tull said Brown's email appeared to be a call to circumvent the Freedom of Information Act. He also considered it "polling," which is prohibited under the law.
Brown at Tuesday's meeting reaffirmed the intentions of the recent conference call and email chain, saying it would shield Snead and Gov. Asa Hutchinson.
Brown said that by gathering information before meetings the commission could avoid having to "drill, grill and mortify" Snead.
"Let us, moving forward, utilize this tool, legally, so that we can stay informed as well as be of great assistance to the director and ADVA and keep our governor covered and protected and smelling like roses. Amen?" Brown, an Osceola pastor, said.
Tull said Brown's comments run contrary to the spirit of the Freedom of Information Act.
"I disagree vehemently with the procedure he wants to implement," Tull said. "I think that's exactly why we have the Freedom of Information Act: so the public can hear these discussions."
J.R. Davis, Hutchinson's spokesman, was puzzled by Brown's comments.
"Commissioner Brown should be commended for his service to the commission, but I do not have any clue as to what he is referring to in his comments," Davis said in an email. "Governor Hutchinson expects every commission, board or agency to comply with the law and the parameters laid out in the Freedom of Information Act. Government transparency is key to earning the public's trust, and the Governor takes that very seriously."
Len Cotton, who was not on the conference call, was elected chairman of the commission Tuesday, replacing Brown. He said Thursday that he doesn't plan to hold such conference calls or private meetings.
Brown said Thursday that he didn't intend to deceive anyone through the conference call or email exchange. He said holding conference calls would help the commissioners stay informed and save the state from having to pay travel costs for additional formal meetings.
"The public should have access to these discussions, especially about veterans' affairs, because it's near and dear to so many in the state," Tull said.
Metro on 01/20/2017