BENTONVILLE -- A circuit judge Tuesday 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 at a hearing in Michael Commet's lawsuit against the city. The lawsuit was filed Oct. 29 after the city hadn't provided documents Commet sought in three requests.
Scott ordered the city to pay Commet's attorney fees, which haven't been determined. Scott didn't levy any other penalty against the city.
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 Nov. 2 and Monday. Commet said he also received copies of the invoices Nov. 2.
Commet's third request on Oct. 19 sought copies of Mayor Bill Edwards' email to City Council members. The request was also for the council members' responses. The city provided Edwards' email to council members the next day, but none of the responses. Commet received the responses Thursday.
Brian Rabal, Centerton's city attorney, said staff 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 its obligation to follow the Freedom of Information Act, but it didn't want to disclose anyone's personal information.
Rabal asked the judge to dismiss the lawsuit since the city had provided all the documents Commet requested.
Scott said the city complied with Commet's first request, noting it was substantial and confidential information had to be redacted.
The judge found the city violated the Freedom of Information Act 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 Freedom of Information Act concerning the emails. Scott said the city partially complied with the act 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."