FORT SMITH -- The Arkansas Court of Appeals on Wednesday affirmed the dismissal of a complaint the School Board violated the Freedom of Information Act when it voted to consider scrapping the Southside High School mascot and fight song.
An opinion written by Appeals Court Judge Larry D. Vaught agreed with an Oct. 23, 2015, ruling by Sebastian County Circuit Court Judge James O. Cox the board followed the law in providing notice of a June 23, 2015, meeting but wasn't required to publish an agenda.
The board called a meeting to review the school superintendent's performance in executive session. Before that session, the board decided to convene a committee of the whole meeting and voted to consider at its next meeting removing the Rebel as Southside's mascot and "Dixie" as the school's fight song.
Because the issue was controversial, the board didn't take up the vote until its July 27, 2015, meeting after receiving opinions from 39 people.
Vaught noted in the opinion the issue of the Southside High School mascot and fight song had been contentious in Fort Smith for years, and a racially motivated church shooting in South Carolina a week before the committee meeting and the ensuing debate over Confederate symbols prompted the school board to move to remove the school's mascot and fight song.
The appeals court opinion said plaintiff June Bradshaw's attorney conceded the board wasn't required to provide an agenda. Instead, she argued the committee meeting constituted a new meeting for which separate notice should have been given.
"We find no merit to Bradshaw's argument because the required statutory notice was provided to media outlets that the board would meet at 5:30 p.m., and the media was present before the committee began its discussion shortly thereafter, so the statutory requirements were met," the opinion said.
Bradshaw's attorney, Joey McCutchen of Fort Smith, issued a statement on the ruling Wednesday saying he was "shocked and extremely disappointed."
The statement said he intended to ask the appeals court for another hearing and would file a petition for review by the Arkansas Supreme Court.
The School District issued a statement Wednesday recounting the issues on which the court ruled but didn't offer further comment. School Board President Deanie Mehl didn't return a call seeking comment.
Bradshaw has another lawsuit pending in Circuit Court accusing the board of violating the Freedom of Information Act by carrying on an email discussion regarding the election of board officers.
The lawsuit says the discussion among school board members constituted a meeting for which the public should have been given notice. Bradshaw is asking a judge to rule the board violated the Freedom of Information Act and to order the board to stop doing the public's business outside the public's view.
The School Board contends members didn't violate the law because no decision was made during the discussions, the vote on officers was made during its regular meeting, and the email from the discussion were made part of the record.
A hearing on the lawsuit has been scheduled in Circuit Court for May 10 before Circuit Court Judge Stephen Tabor.
NW News on 03/30/2017