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  • Writer's pictureDennis McCaslin

Hearing date set for latest FOIA complaint filed by local attorney Joey McCutchen

Judge Greg Magness has set a hearing in the FOIA lawsuit against the City of Fort Smith filed by Joey McCutchen on behalf of his client Kristin Kitchens.

The hearing is set on Wednesday, December 15, 2021, at 9:30 A.M. in Courtroom 203 of the Sebastian County Courts Building located at 901 S. “B” Street in Fort smith.

Joey McCutchen filed suit on behalf of his client Kristin Kitchens against the City of Fort Smith alleging that the City violated the open-meetings provision of the Freedom of Information Act.

The Complaint and Amended Complaint allege that the Fort Smith Board of Directors engaged in secret meetings by way of one-on-one conversations between City Clerk Sherri Gard, and voted against two proposals related to a 0.75% Sales and Use Tax.

The Board of Directors privately rejected a proposal which would have given a percentage of the money collected by the tax to the parks department. The vote constituted an informal meeting and illegal vote which was not public and for which no notice was given.

You can read the notification of hearing document by clicking the following link:

Download PDF • 47KB

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