Arkansas lawmakers attempted to distance themselves from taxpaying citizens by restricting their access to critical information with House Bill 1610 and HB1726.
The bills, which would have weakened Arkansas’ Freedom of Information Act, failed to pass in the House State Agencies and Government Affairs Committee.
FOIA gives Arkansans access to public records and meetings, with some exceptions.
First came Rep. Mary Bentley (R-Perryville)’s HB1610, which sought to redefine what a public meeting is.
Under the bill, public officials would be allowed to meet informally and secretly so long as “the meeting is made up of less than one-third of the entire body present,” according to arkansasonline.com.
Right now, under FOIA, what constitutes a public meeting is two or more governing bodies meeting to discuss any matter, formal or informal.
During a senate committee meeting, Bentley said the bill would allow local lawmakers to meet more easily without fear of the public eye.
Basically, Bentley believes citizens are too overbearing when it comes to policymaking, so action must be taken.
Action, as in citizens being forcibly kept out of the loop while politicians can scheme in the background if their group is small enough.
In theory, it does not matter what is being discussed but how many people are doing the discussing.
If a governing body knows that a particular issue is unpopular with the public, one-third can decide to meet off the record and make decisions.
Bentley knows this and blatantly does not care.
She even argued with FOIA expert Robert Steinbuch when he suggested she take the bill to the Arkansas FOIA Task Force for review.
This nine-member body provides recommendations on legislation that impacts FOIA.
She brushed it off and said, “I don’t see it as necessary,” according to arkansasadvocate.com.
HB1726, proposed by Rep. David Ray (R-Maulmelle), intended to exempt most state or local government documents from public view, or what Ray is most concerned about, scrutiny.
Notable information, such as “undisclosed or ongoing investigations by law enforcement” or “deliberative process records of a government agency in which opinions are expressed,” would be hidden from the public under Ray’s vision.
Ray’s reasoning was eerily similar to Bentley’s; he wanted to limit “people who weaponize FOIA and use it as a tool for harassment,” according to arkansasonline.com.
The bill also would have lengthened the time a records custodian has to respond to a request from three days to 10, most likely a measure to dissuade citizens from submitting requests.
To add insult to injury, the bill proposed a charge for people who request information by the hour if it takes longer than eight hours for an employee to retrieve or review the record.
According to arkansasonline.com, neither Ray nor Bentley attended the FOIA Task Force’s vote, which unanimously opposed both bills and included the message that HB1726 is “not in the best interest of the people in the state of Arkansas.”
Arkansas politicians aren’t even trying to hide their disdain for citizens concerned about what happens behind closed doors.
They are flaunting it in bills and committee hearings.
Lawmakers tried dismantling one of Arkansas’s most extraordinary, nationally-praised laws — a comprehensive law that bridges the knowledge gap between the public and their officials.
“Protecting” transparency by punishing curiosity is begging citizens to distrust those in power even more.



