Little Rock's Metropolitan Housing Alliance Executive Director Rodney Forte, who was charged in November with failing to comply with the Freedom of Information Act, was convicted Thursday of a Class C misdemeanor in the case.
Judge Alice Lightle read a written ruling, calling his behavior a “negligent violation of the Freedom of Information Act." She sentenced Forte to pay a $100 fine and $140 in court costs. A Class C misdemeanor is punishable by a maximum of 30 days in jail and a fine of up to $500. Forte has 30 days to appeal to circuit court.
Lightle said that while the requests may have been "numerous" and "burdensome," they were "proper requests for government documents" that went unfulfilled "within the allowable statutory framework."
"It is the responsibility of the head of the agency to ensure full compliance," she said. "Given the facts and the evidence and testimony, the state has sustained the charge and proof beyond a reasonable doubt. Any other result would defeat the purpose of the Freedom of Information Act and would undermine the accountability of an agency."
Lightle said she had no power to force the records to be released, saying that would be up to a higher court or the Arkansas legislature.
Forte's attorneys, N.M. "Mac" Norton and Hayden Shurgar of Little Rock-based Wright, Lindsey & Jennings LLP, argued that Forte and other Metropolitan Housing Alliance employees attempted to cooperate with the newspaper. The state did not prove Forte acted negligently, the defense's brief states.
The trial came after a months-long dispute between the agency and the newspaper over access to public records.
Forte didn't answer a reporters' questions as he left court, saying only that a news release would be issued later.
See Friday's Arkansas Democrat-Gazette for full coverage.