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State justices reverse open-records ruling

By The Associated Press

This article was published December 6, 2012 at 12:03 p.m.

— The Arkansas Supreme Court has overturned a lower court’s ruling that declared the state’s Freedom of Information law unconstitutional, finding that the issue is one for the Legislature, not the courts.

The high court Thursday reversed a decision by Sebastian County Circuit Judge James Cox, who ruled last year that part of the law was unconstitutional.

Cox ruled that the law was too vague for the criminal penalties to be fair.

Fort Smith attorney Joey McCutchen sued the city after its administrator met with directors privately over a proposal to change city ordinances so he could hire and fire department directors at will. The proposal was eventually tabled.

The city had argued that the Arkansas Supreme Court should tell the Legislature to define what constitutes a public meeting.

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