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Senate panel advances two bills defining ‘public meeting’ in Arkansas Freedom of Information Act

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arkansasadvocate.com – Sonny Albarado, Mary Hennigan, Special to the Advocate – 2025-03-12 01:30:00

Senate panel advances two bills defining ‘public meeting’ in Arkansas Freedom of Information Act

by Sonny Albarado and Mary Hennigan, Special to the Advocate, Arkansas Advocate
March 12, 2025

An Arkansas Senate committee approved two bills hours apart Tuesday seeking to define a public meeting, an issue that has plagued local elected officials and government transparency advocates for decades.

Sen. Clarke Tucker, a Little Rock Democrat and sponsor of Senate Bill 227, told the State Agencies and Governmental Affairs Committee Tuesday morning his proposal would, “after 50 years, bring clarity to the law” by setting parameters for what members of city councils, quorum courts or school boards can discuss outside of a public meeting. 

The bill also would amend the Arkansas Freedom of Information Act (FOIA) to add cybersecurity breach as a reason to meet in executive session, introduce and regulate remote meeting attendance, and allow a court to nullify official actions taken as a result of violations of open meetings law.

Senate Bill 276, sponsored by Sen. Alan Clark, R-Lonsdale, defines a public meeting as any gathering of more than two members of a public body. Rep. Mary Bentley, R-Perryville, is co-sponsor of Clark’s bill, but also has her own version, House Bill 1667, which hasn’t been heard in committee yet.

Both bills brought before Tuesday’s committee would apparently accomplish the same goal — give members of local governments a clearer understanding of what they can discuss outside of a formal meeting — but opponents of Clark’s bill said it would encourage “daisy chain”-style discussion of public business by sequential groups of two officials.

The FOIA allows residents access to public records, including communication between state officials. Members of the press and curious citizens often rely on the law to get additional information about contentious subjects, or to do routine checks into financial documents. The tool was used to uncover the $19,029 lectern Gov. Sarah Huckabee Sanders bought in 2023, and provided answers to opponents of the state’s prison plan when officials remained tight-lipped.

The law also sets standards for public meetings, though vagueness in this category for the last half-century has led to frequent litigation. Tucker said his bill would establish a distinct line for what type of discussion is permissible outside of a public meeting.

Though not defined in current law, a meeting has generally been considered public when at least two members of a governing body meet. 

On Tuesday, Clark asked several questions of Tucker’s bill, introduced hypothetical situations and asked about the level of involvement of school board members.

Tucker maintained that under his bill, any number of members of a governing body could meet to chat, so long as they were not “deliberating” or discussing items they would take action on in the foreseeable future.

While members of a school board cheering on the high school football team together would pose no issue, Tucker said the situation changes once the substance of the conversation becomes actionable.

“If the substance is, ‘We’re deciding public business,’ it doesn’t matter if there’s 10 people there or two, that needs to happen at a public meeting,” Tucker said. “That’s the distinction.”

Vetted, but approved

Tucker’s bill received nearly unanimous support from the committee, of which he is the only Democratic member.

A result of two years of work, Tucker said he collaborated with a bipartisan group of public meetings advocates, attorneys, members of governing bodies and state-level task forces. He said he worked to make the bill “pro-transparency” and “pro-fairness” for members of the public and those serving on committees and councils.

Committee members applauded the effort Tucker put into the 10-page proposal, but they still questioned elements of the bill and how it might hold up if challenged in court.

Sen. Dan Sullivan, R-Jonesboro, asked specifically about the use of the words “foreseeably” and “reasonably” in Tucker’s proposal, referencing concerns that a federal court recently decided to declare portions of Act 372 of 2023, which Sullivan sponsored, unconstitutional.

Tucker said his proposal did not restrict free speech, a foundational difference with the Act 372 lawsuit. He said he felt confident in the language as strict scrutiny would not be applied should the bill be challenged in court; the verbiage is typical in courts.

In response to members’ questions, Tucker admitted that he didn’t think SB 227 was perfect, but said it “goes a long way toward helping clarify what the law is.”

Republican Sens. Scott Flippo of Bull Shoals, John Payton of Wilburn and Alan Clark of Lonsdale (left to right) listen to Sen. Clarke Tucker (D-Little Rock) explain his bill defining public meetings on Tuesday, March 11, 2025. (Photo by Sonny Albarado/Arkansas Advocate)

Jimmie Cavin, an FOIA advocate, spoke in support of Tucker’s bill Tuesday. He said he assisted with town hall meetings across the state during the last two years and encouraged members of governing bodies — like school board members — to get involved.

“It’s such a positive step in transparency, and the greatest thing is [that] it’s fair for everybody,” Cavin said. “It’s fair for Jimmie, and it’s fair for Linda Hargis, my school board member.”

Joey McCutchen, a Fort Smith attorney who has argued FOIA cases before the Arkansas Supreme Court, also testified in support of Tucker’s bill.

While McCutchen said he appreciated the definitions the bill introduces, he also said he appreciated the intent to ensure members of the public are also privy to officials’ decision-making process.

“The citizens are entitled to see the sausage making,” McCutchen said. “And if we don’t see the ‘Why?’ and we don’t see the sausage making, then we’re going to be critical of the very board members that I know you’re supporting, Sen. [Alan] Clark.”

‘Undo all the good’

Clark presented his bill after 4:30 p.m., when the committee reconvened following the day’s Senate session, and told fellow panelists his bill “better defines Sen. Tucker’s bill.”

Tucker noted that two school board or city council members could subvert the intent of the public meetings law by having one-to-one discussions until all members, or at least a majority, agreed on which way to vote on an issue.

“That’s possible,” Clark said, “but that’s not the spirit” of the bill.

Little Rock law professor and FOIA expert Robert Steinbuch testified that Clark’s bill needs language to address concerns about serial meetings.

“I don’t want to pick a number for you,” regarding how many officials should require a public meeting, he told lawmakers.

Andrew Bagley, Arkansas Press Association president and a newspaper publisher, was the only other member of the public to speak against Clark’s bill.

He began his remarks by noting that Tucker’s bill was “a very good piece of legislation that brought all the parties together at the table.”

“It was one of those moments where you almost felt like the lightning was about to flash and the thunder was about to roll because God was moving in our midst. Now we have a bill that would undo all the good we had this morning” because it would allow all the discussion to happen behind closed doors, Bagley said.

Clark asked Tucker if he would support SB 376 if it was amended to prohibit polling or serial discussions between successive pairs of officials. Tucker said he would work with Clark to craft such language but could not support the bill as written.

Clark promised he would work on such an amendment but asked that the bill be advanced Tuesday night. Tucker was the sole no in the following voice vote.

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Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post Senate panel advances two bills defining ‘public meeting’ in Arkansas Freedom of Information Act appeared first on arkansasadvocate.com

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REAL ID requirements among policies difficult for transgender, nonbinary Arkansans to navigate

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arkansasadvocate.com – Tess Vrbin – 2025-04-30 05:15:00

by Tess Vrbin, Arkansas Advocate
April 30, 2025

Gender-nonconforming Arkansans might not meet the state’s requirements to obtain a REAL ID in order to board flights or enter certain federal buildings, which is a week away from being required by federal law.

Applicants for REAL IDs need to provide the Department of Finance and Administration with four different forms of identification:

A current driver’s license, state-issued ID, or school or work ID as proof of identityA passport or birth certificate as proof of legal presence in the United StatesA government-issued social security cardTwo documents providing proof of address, such as utility bills or bank statements, issued within the last six months

The documents “all have to sync up,” Finance Secretary Jim Hudson said last week.

Transgender and nonbinary Arkansans might have changed their names or gender information on some but not all legal documents, and state policies have made it difficult for these groups of people to obtain documents that accurately reflect who they are, advocates say. Birth certificates can be legally altered, and until this year, the federal government allowed gender-neutral information on U.S. passports.

“The government has played politics with people’s lives and upended people’s ability to accurately and properly identify themselves,” said Holly Dickson, executive director of the American Civil Liberties Union of Arkansas. “This has created much chaos and turmoil for no good reason while making life harder and more unsafe for all of us.”

Last year, the ACLU of Arkansas led a lawsuit against the DFA’s decision to stop issuing gender-neutral driver’s licenses. The case was dropped after Arkansas officials permanently adopted the new policy, which prohibits the use of an “X” to indicate someone’s gender in place of “M” or “F.”

Arkansans urge state finance department not to reverse gender-neutral driver’s license policy

Several transgender and nonbinary Arkansans, including Maggs Gallup of Little Rock, urged the finance department to maintain the previous policy, which had been in place for 14 years. Gallup said in an interview Monday that they are putting off obtaining a REAL ID in case doing so requires the state to remove the X gender marker from their driver’s license.

Hudson told lawmakers that a driver’s license is “not a platform for speech” and “not a platform for personal identity.” Gallup disagreed, saying their gender-neutral ID is important to them and putting incorrect information on an ID is “a deeply incongruent thing to do.”

“In an ideal world, it would be great to have the state and officials recognize our gender,” Gallup said. “They don’t get to determine who we are, no matter what letters we put on our IDs.”

REAL IDs began with a law passed by Congress in 2005 as a response to the Sept. 11, 2001, terrorist attacks. Instituting REAL IDs statewide “will help fight terrorism and reduce identity fraud,” according to the finance department website.

The federal Transportation Security Administration accepts passports in place of REAL IDs as identification to board a flight. Miss Major Griffin-Gracy, a well-known transgender advocate who lives in Little Rock, said last week on Facebook that she was initially denied access to a flight because she has an X on her driver’s license, but she was allowed to board after displaying her passport containing a male gender marker.

Griffin-Gracy is 78 years old and gender-nonconforming, and she was present at the 1969 Stonewall riot between LGBTQ+ people and police in New York City. In her Facebook video, she expressed disbelief that her passport was accepted even though she did not appear masculine. She also said “we the people” should “stand up and fight” President Donald Trump’s administration, which does not recognize gender-neutral IDs.

Gallup said they are also concerned about potential limits on travel, both domestic and international, with or without a REAL ID. Their teenage child is old enough to learn to drive but is putting off obtaining a learner’s permit because of potential bureaucratic obstacles due to their gender-nonconforming identity, Gallup said.

Bill regulating transgender Arkansans’ bathroom use heads to House despite public pushback

“This is just one part of a larger, really complicated network of new rules and legislation that are challenging to navigate” for transgender and nonbinary Arkansans, Gallup said.

State lawmakers and Gov. Sarah Huckabee Sanders approved a law this month that will allow Arkansans to sue for damages if they encounter someone in a bathroom, changing room, shelter or correctional facility who does not align with the “designated sex” of the space.

The state has also enacted laws in the past few years that ban transgender girls from playing girls’ sports, require public school students to use bathrooms that match their gender assigned at birth, regulate pronoun use in schools and allow doctors who provide transgender minors’ health care to be sued for medical malpractice.

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Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post REAL ID requirements among policies difficult for transgender, nonbinary Arkansans to navigate appeared first on arkansasadvocate.com



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

The article appears to adopt a Center-Left perspective primarily through its focus on issues affecting transgender and nonbinary individuals, particularly with regard to identity documentation requirements in Arkansas. It emphasizes the challenges faced by gender-nonconforming individuals in obtaining accurate identification and highlights criticisms from the American Civil Liberties Union (ACLU) regarding the state’s policy changes. The language used is sympathetic toward these groups, portraying the state’s actions as creating unnecessary turmoil and being politically motivated. Although the article provides factual information about the REAL ID process and relevant legal actions, its framing leans toward advocacy for the rights of transgender individuals, positioning the state’s policies in a critical light. This reflects a broader pattern of liberal advocacy for gender inclusivity in government identification practices. However, the piece does offer direct quotes from state officials, which helps balance the presentation of opposing views. Thus, the overall tone remains more supportive of progressive policies on gender identification, hence the Center-Left categorization.

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Arkansas Army vet uses experience to help other veterans

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www.youtube.com – THV11 – 2025-04-29 20:03:22

SUMMARY: Arkansas Army veteran Jared Eeken uses his military experience and counseling background to help struggling veterans through his nonprofit, Scars and Stripes. Recognizing gaps in existing support systems, Eeken assists veterans in navigating mental health challenges, finding jobs, healthcare, and transportation, ensuring they don’t fall through the cracks. His own struggles with mental health inspired him to create this organization alongside his wife. Eeken emphasizes the importance of camaraderie and continuous support, often advocating for veterans to receive the services they’re entitled to. Recently, he was honored with the Saluting Heroes Award for his impactful work aiding Arkansas veterans.

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One Arkansas Army veteran is showcasing how he uses his knowledge of social work and his own experiences to help other veterans in the state.

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News from the South - Arkansas News Feed

Latest updates on Conway park shooting

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www.youtube.com – THV11 – 2025-04-29 07:43:35

SUMMARY: Two suspects remain on the run after the Conway Park shooting, while two others are in custody. One of the arrested suspects, Ryan Goens, was free on bond for a previous gun charge at the time of the shooting. He had posted a $75,000 bond for an alleged February gun crime, including possession of a machine gun, and was scheduled for a hearing the same week as the shooting, but it was postponed. This case has raised concerns about the state’s bail system and balancing public safety with the presumption of innocence. Goens faces 11 counts of aggravated assault.

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As the search continues for two additional suspects in the Conway park shooting, here’s the latest information from police.

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