FAYETTEVILLE -- Lawyers for an embattled Christian college at the center of a kickback scheme want a Freedom of Information Act lawsuit thrown out.
Arkansas legislators gave nearly $700,000 of taxpayers' money to help Ecclesia College buy almost 50 acres in Benton County. The lawsuit seeks information from the college about the state money.
Let The Sun Shine In
The intent of the Arkansas Freedom of Information Act is to provide access to information in an open and public government, one of the hallmarks of a democratic society. On Feb. 14, 1967, Arkansas adopted one of the strongest and most comprehensive Freedom of Information Acts in the nation. It gives residents an opportunity to look at a broad array of information at every level of government and to observe the actions of our government leaders. It also promotes and protects the right of individuals to attend the meetings of policy-making, tax-supported bodies.
Source: Arkansas Freedom of Information Handbook
Ecclesia's receipt of the grant money entered the spotlight after former state Rep. Micah Neal, R-Springdale, pleaded guilty in federal court Jan. 4 to taking a pair of kickbacks totaling $38,000 for helping two entities receive grants through the state's General Improvement Fund.
Former State Sen. Jon Woods, R-Springdale, has since been indicted on 11 counts of honest services wire fraud, one count of honest services mail fraud and one count of money laundering. Denying "honest services" by an elected official is a public corruption charge.
Also indicted in the kickback scheme are the college's president, Oren Paris III of Springdale, and Randell G. Shelton Jr. of Alma, a consultant. Each was indicted on nine counts of honest services wire fraud and one count of honest services mail fraud.
The General Improvement Fund consists of unallocated state tax money at the end of each fiscal year and interest earned on state deposits. Each legislator is given a share and can direct where he wants it to go as long as it goes to a nonprofit group or government entity. The money is distributed through the state's eight economic development districts, nonprofit corporations encouraging regional economic development.
The FOIA lawsuit, filed in Washington County Circuit Court on behalf of Jim Parsons of Bella Vista, contends private organizations receiving public money, engaging in activities that are of public interest, carrying on work intertwined with a government body or receiving grants to promote economic development are subject to the requirements of the Arkansas Freedom of Information Act.
Parsons is chairman of the Benton County chapter of Transparency in Government Group. He said he's a former Ecclesia board member and faculty member.
The lawsuit asks a judge to order Ecclesia to make the documents available.
The motion to dismiss filed Wednesday said Parsons' FOIA complaint is moot because a judge didn't hear the complaint within seven days as is required by state law. The complaint was filed Feb. 9 and was assigned to Circuit Judge John Threet.
"Defendant Ecclesia, Inc. prays for an order of the court finding that plaintiff's complaint is time-barred...and that, therefore, defendant has substantially prevailed in the action," according to the motion to dismiss filed by Travis Storey.
The motion also seeks attorney fees.
Attorneys for Parsons contend state law allows an expedited process but there's no requirement for such a hearing.
"Ecclesia's motion is just a tactic to stop from complying with FOIA. We are confident that the circuit court will agree," Chip Sexton III said in an email. "Ecclesia's motion doesn't cite even a single case in support of its bizarre argument. And, there is absolutely no authority for the proposition that a FOIA complaint that isn't heard within seven days must be dismissed."
Sexton said state law allows either side to request an expedited hearing in writing but neither side chose to do so.
Sexton said they didn't request a hearing because of concerns that the seven-day time period violates the separation of powers doctrine because the Arkansas Constitution provides that the Supreme Court has the exclusive power to write the procedural rules that apply in this type of case and the seven-day expedited process was written by the Legislature.
Ecclesia officials also declined a Northwest Arkansas Democrat-Gazette request in early February to release documents related to its receipt and expenditure of improvement fund money, claiming the school is a private entity and not required to release the documents.
Ecclesia College is a work-learning college, which allows students to earn money toward tuition and graduate with much less debt than the average university student, according to the school website.
NW News on 03/11/2017