Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Open Government topic
No spam. Unsubscribe anytime.
City attorney's outside counsel warns Jonesboro council of new Arkansas FOIA limits on private member discussions
Summary
Outside counsel Sean Baker told the council that recent changes to the Arkansas Freedom of Information Act require governing-body members to make deliberations about agenda items only in noticed public meetings and warned that private texts, emails or other member-to-member communications could invalidate votes or expose members to court challenges.
Sean Baker, a lawyer who has trained municipal clients across Arkansas, told the Jonesboro City Council on Nov. 18 that this year's legislative changes to the Arkansas Freedom of Information Act represent a "fundamental change" in how governing bodies may communicate about agenda items. "All of your deliberations and discussions, your views about your opinions on a topic ... are now required to be discussed among you only in a noticed public meeting," Baker said.
Baker warned that private exchanges ' including texts, emails and social-media posts ' that concern items expected before the council could provide grounds for a court to invalidate subsequent council action. He advised members to "talk to your city attorney whenever you have questions about this new law because it has teeth in it and your actions can be invalidated by a court," and said that citizens or fellow council members could seek court relief to set aside votes tied to prohibited communications.
During a follow-up exchange council members asked how the rules would affect an item on second reading (Ordinance 25-037) after a council member had expressed views by email. Baker said the law offers limited guidance on remedial steps and suggested options including postponing the item or removing it from the agenda and starting the process anew to reduce risk; Baker advised transparency about any inadvertent communications.
Baker also described exceptions: officials may ask for background information from staff or a colleague and elected officials may speak to constituents, but soliciting or sharing opinions about how members will vote on a pending matter is now restricted. He said enforcement carries consequences in some cases: beyond invalidation of an act, willful violation may expose members to criminal penalties under Arkansas law.
The presentation prompted questions about routine practices such as town halls, staff briefings and polling of council views. Baker urged the council to consult local counsel for case-specific guidance as municipalities adapt internal processes.
