John Baker, an attorney with the law firm Mitchell Williams, told the Jonesboro Metropolitan Area Planning Commission on Oct. 14 that recent changes to the state Freedom of Information (FOI) law significantly change how commissioners must communicate outside of convened meetings.

Baker said the statute now clarifies that social encounters such as running into one another at church or a community event are not subject to meeting-notice requirements, but he emphasized a new restriction: "You cannot communicate with one another as members of this governing body about any matter that is likely to come before your body in the future," Baker said. He described the change as a "sea change" in practice for boards used to informal pre-meeting discussions and said the legislature wants "the sausage to be made" only in convened meetings.

Baker also warned of strengthened enforcement: a private party may now sue and ask a judge to invalidate an action on the grounds that members discussed the matter outside a convened meeting. "If you violate this rule, and somebody believes you have, they can now actually file a lawsuit and just simply ask the judge to invalidate whatever you voted on," he said.

Baker outlined narrow exceptions he said remain in the law: members may solicit background information from one another and may contact staff for factual information; scheduling calls to confirm a quorum are also permissible. He recommended that commissioners use written requests (for example, email) rather than oral exchanges when seeking background information so there is an audit trail. He also suggested notifying the press when the commission holds a pre-meeting and advised commissioners to consult City Planner or staff member Duncan with questions.

Commissioners asked clarifying questions about the commission's existing pre-meeting (a Monday pre-meeting before the Tuesday session) and whether staff-level conversations about incidents such as neighborhood flooding could create exposure. Baker said those conversations could create risk if an issue is reasonably foreseeable to come before the commission; he repeated that seeking factual information from staff is allowed but that informal "how do you feel about this" discussions among members about a topic likely to come before the body are not.

Baker said he is retiring in three months but urged members to review the summary he provided and to consult staff or counsel with questions. The meeting adjourned shortly after the presentation.