Freedom of information

On compassion

I sure hope if I violate the law in Fayetteville that Casey Jones is my prosecutor.

What other good-natured city prosecutor on the inhale would say he believes the city's Advertising and Promotion Commissioners twice violated the Arkansas Freedom of Information Act then, exhaling, say he won't be filing any charges for those misdemeanors?

Hey, what's the big deal here? It's just the law to ensure public transparency in our public agencies and commissions. Besides, they didn't mean to. Wonder how many remorseful folks who break the local laws didn't mean to--probably none.

Is this a great country for compassionate prosecution, or what?

The commission is a group of good and decent folks, comprised of volunteers and city appointees. Its members play a significant role in the community, determining how part of the city's hotel, motel and restaurant tax revenue is spent and advises commission staff on promoting the city.

Jones was quoted in a news story last week by reporter Christie Swanson saying it seemed clear to him the commissioners violated the law during its Nov. 10 meeting, first by holding an illegal executive session then again by allowing someone not allowed under law into a second closed session.

I'll not regurgitate all the details of these previously well-publicized violations.

It's enough to say that NWA Media reporter Joel Walsh rightly filed the complaint with Jones seeking criminal charges against commissioners. Violating the Freedom of Information Act is a misdemeanor that carries punishment of up to 30 days in jail and a $500 fine.

Jones explained his warm and fuzzy approach to prosecuting the case this way in Swanson's news account: "I don't think with either one of those violations that the intent of the commissioners was to thwart the Freedom of Information law. They all came to talk to me and were sworn in, and in my opinion were very forthright and unguarded."

He is, though, requiring commissioners to attend an educational session with an attorney as a primer to the Freedom of Information Act, Swanson writes.

Vince Chadick, the commission's attorney, told the reporter he'd like to see commissioners also get additional education about the law. "The more information, in my opinion, the better. Not only will they follow the spirit of the law, but they will follow the letter of the law."

Some readers were less, well, I'll say a tad less "kumbaya" than I've expressed. One wrote: "Criminal cronyism running amok. Time to replace them all."

Another: "Ignorance of the law is no excuse and the A&P Commission should be held accountable!"

Come now, gentlemen, since when is a sincere apology and further education of the law not sufficient remedy for any act a prosecutor believes is illegal? Besides, 'tis the season to be jolly.

Tempest in a yard sign

It's election day yet again. This time voters will decide if the civil rights Ordinance 119 passed by a divided Fayetteville Council will stand or be repealed.

A yes vote is to repeal the ordinance that I've seen as legally flawed and slipping the tentacles of one political party's national agenda into local communities.

Meanwhile, the fact that the act of some unknown person, who I suspect was a kid, triggered local uproar and big headlines last week by stupidly writing the word "fag" on a Fayetteville yard sign that promoted the ordinance.

Both sides of the issue immediately condemned the act, as well they should have.

But good grief, people! This action by one individual was quickly branded as evidence that "it's not always safe in Fayetteville," according to Rev. Lowell Grisham. Wendy Campbell of Repeal 119 said the group "does not condone nor promote this kind of hate."

From my viewpoint, after 20 years back home and as a journalist and columnist in Fayetteville during that time, I've never seen Fayetteville as an unsafe place or one teeming with hatred.

Yes, there are instances of inappropriate foolishness and bigotry in any community. Some folks use slurs everywhere people live.

Sadly, there always have been, and will be as long as humans are flawed animals with their abundance of emotional distresses, disorders and inadequate conditioning such as ignorance among us regardless of any laws.

But I certainly don't see one misguided person writing a slur on a yard sign as just that. For me, it's a Magic Marker tempest on a small yard sign.

It's certainly not anything close to showing that our community is unsafe or seething in hate. For me, with very few exceptions, I've seen pretty much the opposite here in university city.

OK, enough of me. Time to go vote your conscience, my friends.

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Mike Masterson's column appears regularly in the Arkansas Democrat-Gazette. Email him at mikemasterson10@hotmail.com.

Editorial on 12/09/2014

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