foia

Sebastian County Public Records Division has delayed for a second time its response to an Arkansas Freedom of Information Act request filed August 2 concerning a July 23 incident at Booneville Lake in which a vehicle carrying teenagers was recovered from the water and two teenagers died.

The request sought records related to the incident, body camera footage and interaction details from responding officers, and personnel records involving a high-ranking deputy who reportedly appeared at the scene while off duty and intoxicated, according to accounts provided to this outlet.

That deputy later submitted a formal retirement letter effective August 14 after 25 years with the Sebastian County Sheriff’s Office and more than 29 years in law enforcement.

Sheriff Mike Conger, who was recently appointed after Hobe Runion left office early, issued an internal announcement praising the deputy’s service, leadership and contributions to the agency while noting the retirement takes effect the same day the county has set as its target for an initial production of records requested by Today in Fort Smith.

To date, the only documents provided in response are the deputy’s retirement letter and Sheriff Conger’s statement of praise. County officials have stated that any records about the vehicle accident form part of an ongoing and active investigation and are therefore exempt from disclosure at this time.

The county’s first delay notice on August 7 came without prior contact seeking clarification or narrowing of the request and without a formal denial.

They advised that a new request for those materials may be submitted once the investigation concludes. Officials said all other records, including those related to personnel matters, are being processed and that an initial production or substantive status update is anticipated by close of business Friday, August 14.

Arkansas FOIA law requires public records to be made available immediately upon request, with the primary statutory exception applying when a record is in active use or storage. In such cases, the custodian must certify that fact in writing and state the specific date and hour within three working days as to when the records will be available.

There is no formal provision allowing automatic multi-week extensions based solely on volume.

The "ongoing investigation" claim, which does not address the separate issue of the intoxicated off-duty deputy’s presence at the scene, seemingly serves primarily to protect the perceived integrity of the department and a system that could enable the individual to obtain another position in law enforcement.

Today in Fort Smith, we will be filing a second FOIA request on Augst 13 in an effort to obtain the requested records. With three business days to respond, the SCSO until close of business on Wednesday to comply.

A message left with the Sebastian County Sheriff's Office on August 12 at 2:43 pm ws did not result in the requested call from Sherrif Conger.

Our next move will be to petition Sebastian County Prosecutor Daniel Shue to compel the Sheriff's Office and Sebastian County Public Records Division to provide the records. At that time, we responded in an effort to narrow the scope of the request to sidestep the ongoing investigation ploy.

Under Arkansas Code Annotated § 25-19-104, any person who negligently violates any provision of the Freedom of Information Act is guilty of a Class C misdemeanor. A Class C misdemeanor in Arkansas is punishable by up to 30 days in jail, a fine of up to $500, or both.

Today in Fort Smith will continue to monitor the matter and report further developments once additional records are produced or a final determination is issued.