A group of government transparency advocates has released language for a proposed amendment that would enshrine Arkansas' Freedom of Information law into the state's constitution, saying it's seeking the public's input.
The proposed amendment comes in response to a special session Republican Gov. Sarah Huckabee Sanders called last month to overhaul the state's Freedom of Information Act. While lawmakers passed a scaled down version of what Sanders originally proposed, the attempt to modify the state's open records and meeting law became a concern for some transparency activists.
In a news release Wednesday the group said the amendment would "enshrine" the Freedom of Information Act to how it existed prior to September's special session.
"It has become clear in recent years that it is critical to enshrine government transparency in Arkansas, regarding public records and public meetings, in our state constitution," Arkansas Citizens for Transparency, the group behind the effort, said in a news release. "Arkansas has been a national leader in government transparency since 1967, when Gov. Winthrop Rockefeller led the way for the enactment of the Arkansas Freedom of Information Act. We, the undersigned, believe strongly that Arkansas should maintain, and even strengthen, our position of leadership on this vital issue."
"We released it for public inspection and comment and review, and so we expect feedback," David Couch, a member of the group, said in an interview. "We're trying to set up town halls in all areas of the state right now. We want to have it done within the next couple of weeks because, you know, we want to try to get it turned in around the first week of November."
Before the group can begin collecting signatures to get a proposed amendment on the 2024 ballot, it will have to submit proposed ballot language to the Arkansas attorney general's office, who can approve, reject or rewrite it.
While the amendment looks to enshrine the state's Freedom of Information Act into the Arkansas Constitution, the proposal also seeks to address several open questions related to government transparency, including what constitutes a public meeting and what kinds of records should be exempt from disclosure.
[DOCUMENT: Read the letter explaining the goals for the amendment » arkansasonline.com/1012foia/]
The proposal defines a public meeting as two members of a governing body who meet to discuss their duties or official business. To address concerns Sanders had about records related to her security detail, the proposed amendment would exempt "records that reflect the planning or provision of security services" for the constitutional officers, state lawmakers, Arkansas Supreme Court justices and Arkansas Court of Appeals judges from disclosure. However, Couch said, all aspects of the proposal are open to changes.
The proposed amendment from Arkansas Citizens for Transparency also would "create a penalty for bad actors who knowingly violate the Arkansas Freedom of Information Act," according to the news release. The state of Arkansas also could be subject to at least a $1,000 fine if officials "withheld a public record that the defendant knew was subject to disclosure" under the Freedom Information Act. Public officials who violate the law's public meeting provision also would be subject to a fine.
The proposal also would make it more difficult for state legislators to change the Freedom of Information Act, requiring a two-thirds majority to pass, and then would need to be referred to the people for final approval. The proposed amendment would allow the General Assembly to amend the sunshine law that makes it "more transparent" with simple majority votes in both chambers.
Sanders convened a special session in September asking lawmakers to amend the Freedom of Information Act, saying the state's open records law slows state government operations and exposes her and other constitutional officers to security risks.
The first proposal to amend the Freedom of Information Act would have included a provision on "deliberative process" exemption for executive branch agencies, which means records related to policy-making would no longer be subject to records requests. A second proposal would have shielded "records reflecting communications between the Governor or his or her staff and the secretary of a cabinet-level department."
After bipartisan pushback, Sanders and lawmakers settled on a pared-down bill to records related to the governor's Arkansas State Police protection detail and "records that reflect the planning or provision of security services provided" to constitutional officers, Supreme Court justices and Court of Appeals judges.
The proposed amendment was approved by a "drafting committee," consisting of state Sen. Clarke Tucker, D-Little Rock, former independent state legislator Nate Bell, attorneys Jen Standerfer and John Tull III, University of Arkansas Little Rock law professor Robert Steinbuch, Arkansas Press Association Executive Director Ashley Wimberly and Couch.