BENTONVILLE -- Northwest Arkansas Community College board of trustees ran afoul of the state's Freedom of Information act twice in one meeting Monday night.
The board called a disallowed executive session after its regular meeting at 4:30 Monday afternoon in the college's boardroom minutes after it came to light that a board subcommittee had reached a decision by email exchange without a public meeting or public notice.
Board chairman Ron Branscum of Rogers called an executive session at the end of Monday's regular meeting to discuss what procedure it would use to replace retiring college President Evelyn E. Jorgenson. In February, Jorgenson announced plans to retire at the end of her contract on June 30, 2022.
Executive sessions are allowed under the FOIA only when specific employees or prospective hires are discussed, not for replacement procedures for departing employees, according to the state attorney general's handbook on the act. On Page 33 of the handbook, which can be downloaded at the attorney general's website, it says:
"Q: Can a governing board of a public entity go into executive session to discuss general salary matters or to set policy and criteria for filling positions?
"A. No."
As soon as she was informed by a Northwest Arkansas Democrat-Gazette reporter, Jorgenson went to the just-convened executive session and informed the board that its session didn't comply with the state's open meetings law. Branscum and other board members reconvened in public in the regular boardroom within two or so minutes after Jorgenson went to them.
Branscum publicly thanked the reporter during the reconvened meeting for bringing the matter to the board's attention. "The intent was not to circumvent FOI rules," he said. With no lawyer present at Monday's meeting, the board interpreted the part of the law allowing executive sessions for hiring purposes to cover the procedures to use in finding a replacement, he said.
Ashley Wimberley, executive director of the Arkansas Press Association, cited a 1987 Arkansas attorney general's opinion Monday night. In 1987, the board of trustees of the University of Central Arkansas found itself in the same situation as the Northwest Arkansas Community College board did Monday. The UCA board also wanted to set policy and criteria for a new-president search.
The attorney general's opinion states that the purpose of the exemption is to protect the privacy of an individual being hired, fired or disciplined, not the procedures followed by the board.
"Lawmakers crafted very few exceptions to Arkansas' open meetings law when they enacted the Freedom of Information Act more than five decades ago," Wimberley said. "The provision of FOIA allowing for closed, executive sessions is intended to shield the privacy rights of individuals, not to allow public officials to hide how they decide on policies and procedures. Those actions are meant to be taken in public."
Back in public session, the Northwest Arkansas Community College board appointed Branscum as chairman of the new presidential search committee, which will consist of four members of the college's foundation board to be selected by that board's chairman, four members of employees of the college and 10 community members, five from Rogers and five from Bentonville.
Earlier in the meeting, board member Mark Scott of Rogers chastised the board's Land Use Subcommittee for reaching a decision by email, violating the FOIA by failing to hold a public meeting or giving public notice. Al Massri, vice president of finance and administration, took the blame for the lapse.
Massri told the board that Bentonville wanted to know right away what the college was going to name a new street to be constructed, leading to the college's new physical plant. The subcommittee decided to name it after Jim Lay, the recently retired physical plant director for the college.
Massri said he believed the discussion of the street naming by email last week was allowed.