Attorneys say law OKs polling city directors

FORT SMITH — Attorneys say Fort Smith city officials didn't violate the state's Freedom of Information Act by individually polling board members.

Resident Jack Swink filed a lawsuit earlier this month against City Clerk Sherri Gard and four city board members. The lawsuit accuses Gard of individually polling city board members on an issue rather than conducting the proceedings in an open meeting.

The issue was about a three-year audit of the city's legal contract with a law firm. The issue was later removed from the board's meeting agenda.

The lawsuit says the city officials violated the state's Freedom of Information Act.

The Southwest Times Record reported that lawyers for one of the city directors replied to the lawsuit. They argue state law grants Gard the right on how to set meeting agendas.

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