Judge orders Fort Smith turn over group email

The Sebastian County Courts Building Wednesday, January 27, 2016, in Fort Smith. (NWA Democrat-Gazette File Photo/DAVID GOTTSCHALK)
The Sebastian County Courts Building Wednesday, January 27, 2016, in Fort Smith. (NWA Democrat-Gazette File Photo/DAVID GOTTSCHALK)

FORT SMITH -- The city has been ordered to turn over a year's worth of email sent to an address used for efficiently sending information to several city officials.

Sebastian County Circuit Judge Gunner DeLay on Friday ordered email sent to the city's "Board of Director Email Group" must be released under Arkansas' Freedom of Information Act. The ruling came in response to a May 27 information request sent to the city by attorney Joey McCutchen.

As a result, the city will provide McCutchen all email sent to the group from May 1, 2020, to May 7, 2021 within three business days. The seven members of the Board of Directors, City Administrator Carl Geffken, Deputy City Administrator Jeff Dingman and Mayor George McGill are included in the group.

McCutchen's lawsuit accused the city of violating FOIA law by not producing the email, which were sent to the address that functions as a funnel to its 10 recipients.

McCutchen, in a news release before Friday's court hearing, said he had concerns directors were having "secret discussion" about the city's federal consent decree to fix its sewer system and other public business.

At the hearing, McCutchen's attorney and legal partner Chip Sexton brought six email to the group in question, which he argued "would have been responsive" to McCutchen's request.

The city cannot fulfill McCutchen's request for email sent by the email group because of the address' function as a conduit. But Russell Gibson, the city's information technology director, acknowledged the request for email sent to the address could be fulfilled through a word search.

DeLay disagreed with Colby Roe, an attorney representing the city, who argued the email group address' function as a conduit justifies withholding the records.

While DeLay ordered the records be released, he didn't agree with the lawsuit's allegation the city violated FOIA by not acknowledging the request or replying to a follow-up email McCutchen sent. Roe pointed out Arkansas law doesn't require a response to an FOIA request for records that don't exist.

DeLay's order stated he believes this requirement should be in state law.

Upcoming Events