BENTONVILLE -- A local circuit judge ruled Centerton city officials twice violated the Freedom of Information Act by not providing documents to a resident in a timely manner.
Judge John Scott issued his ruling Tuesday at a hearing in Michael Commet's lawsuit against the city. The lawsuit was filed Oct. 29 after the city had not provided documents that Commet sought in three different requests.
Scott ordered the city to pay Commet's attorney fees, which haven't been determined.
Commet sued the city after claiming the city officials failed to provide him documents he requested under the Freedom of Information Act. He said the city never asked him for additional time to provide him the documents.
Joey McCutchen, Commet's attorney, said his client submitted the first request Oct. 12 for banking records and capital purchases for the city.
The second request was the next day for invoices from the city attorney's office.
McCutchen said his client received the banking information and capital purchases information on flash drives the city gave him on Nov. 2 and Monday. Commet said he also received copies of the invoices on Nov. 2.
Commet's third request, on Oct. 19, sought copies of Mayor Bill Edwards' emails to City Council members. The request was also for the council members' responses. The city provided Edwards' emails to council members the next day, but none of the responses. Commet received the responses on Thursday.
Commet is still concerned that the city was withholding emails because there were no emails from council member Keith Higginbotham.
Brian Rabal, Centerton's city attorney, said the city had provided the emails and none existed from Higginbotham.
Rabal said the city worked for 70 hours on Commet's first request because bank account, Social Security, driver's license and telephone numbers had to be redacted from the documents. He said the city understands the obligation to follow the Freedom of Information Act, and the city did not want to disclose anyone's personal information.
Rabal asked the judge to dismiss the lawsuit since the city had provided all the documents Commet had requested.
McCutchen said he believes the records should have been provided in three working days and the city was wrong to attempt to charge him for them. The city wanted Commet to pay $370.25 for reproduction costs, according to the lawsuit. Commet said he did pay $5 on different occasions for flash drives containing the documents.
Scott did not find that the city violated the FOI concerning Commet's first request. Scott said the request was substantial and confidential information had to be redacted.
Scott found that the city did violate the FOI by not providing Commet a copy of the invoices from 2017 to 2021. No redactions were needed for the invoices, he said.
"There was no testimony why it took so long with that request," Scott said.
He also found the city violated the FOI concerning the emails. Scott said the city partially complied with the FOI by providing some emails the next day, but took two more weeks to provide the remaining emails.
"We respect the judge's decision," McCutchen said. "It brings sunlight to the government and it holds them accountable for violating the FOI."
McCutchen said the judge's decision sends a message not only to Centerton, but other governments.
"It's the law, and if you don't comply there's going to be a punishment," he said.