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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.

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Fires cause damages to Goodwill headquarters in Arkansas

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www.youtube.com – THV11 – 2025-03-21 23:22:22

SUMMARY: A series of fires at Goodwill Industries’ headquarters in Little Rock, Arkansas, caused significant disruption on Wednesday. Employees faced multiple blazes, including one on the roof and another from an air conditioning unit, which forced the cancellation of classes at the Excel Center, a program helping adults complete high school. Staff worked alongside firefighters to contain the flames and later returned to retrieve personal belongings. Goodwill is prioritizing safety and preparing for future incidents by ensuring alarms are functional and protecting donations, vital for their operations. The Excel Center has been temporarily relocated as rebuilding efforts commence.

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As fires broke out in several parts of Little Rock this week, they also left behind some damage at the Goodwill Industries of Arkansas headquarters on Scott Hamilton

https://www.thv11.com/article/news/local/fires-damage-goodwill-headquarters-arkansas/91-4661ac6b-a966-4887-bb47-bb8c9e94187e

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SESSION SNAPSHOT: Arkansas lawmakers approve higher ed, energy bills ahead of spring break

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arkansasadvocate.com – Antoinette Grajeda – 2025-03-21 16:47:00

SESSION SNAPSHOT: Arkansas lawmakers approve higher ed, energy bills ahead of spring break

by Antoinette Grajeda, Arkansas Advocate
March 21, 2025

Arkansas lawmakers spent long hours at the state Capitol during the tenth week of the legislative session as they worked to clear agendas ahead of their weeklong spring break. 

On Monday, legislators sent Arkansas ACCESS, two identical higher education overhaul bills, to Gov. Sarah Huckabee Sanders, who signed them into law Tuesday.

The General Assembly also advanced the governor’s new state employee pay plan and approved legislation that sponsors said will help mitigate a sharp increase in energy bills for Arkansans as the state generates new power to meet expected demand. Sanders signed the latter into law Thursday

The governor this week also unveiled legislation that would impose harsher penalties on undocumented immigrants who commit crimes in the state. An amended version of Senate Bill 426 will be considered after legislators return to Little Rock on Mar. 31 and make a final push to conclude their business by Apr. 16. 

1) Stumbling blocks

Some legislation faced challenges this week. A bill mandating citizen-led ballot measures be written at an 8th-grade or lower reading level cleared the House of Representatives Wednesday, but it took three tries to garner enough votes to support an emergency clause that will allow the law to go into effect immediately upon the governor’s signature. 

The House on Thursday rejected legislation that would have placed restrictions on noncitizens attempting to vote or register to vote, just one day after the bill narrowly passed out of committee. Noncitizen voting is already illegal on the federal level.

Republican Reps. Carol Dalby of Texarkana and Kendon Underwood of Cave Springs listen to testimony during a meeting of the House Judiciary Committee on Tuesday, March 18, 2025. (Tess Vrbin/Arkansas Advocate)

Another bill that would create a civil liability for adults who assist transgender minors’ transitions didn’t make it out of the starting blocks after the attorney general’s office said it couldn’t defend House Bill 1668 because it wasn’t legally sound. Lead sponsor Rep. Mary Bentley, R-Perryville, said she would amend her bill.  

2) Prison funding 

State lawmakers approved a $750 million appropriation bill Thursday for the construction of a 3,000-bed prison in western Arkansas. 

Funds won’t be disbursed until formal requests are approved by the Legislature, but that didn’t stop members of the Joint Budget Committee from venting about plans to place the prison in rural Franklin County in an effort to alleviate overcrowding in county jails. 

Several lawmakers who’ve been critical of the project argued that local residents don’t want the prison in their community, costs will be higher than estimated and staffing the facility will be difficult. 

The debate is expected to continue throughout the project, which one of Sanders’ advisers said could take until 2029 to complete. 

3) Library board

After a subcommittee on Tuesday rejected his proposed ban on the Arkansas State Library funding public libraries affiliated with the Arkansas Library Association, Jonesboro Republican Sen. Dan Sullivan filed legislation Thursday to abolish the State Library and its board. 

Sen. Dan Sullivan, R-Jonesboro, presents an amendment to the Arkansas State Library’s fiscal year 2026 appropriation bill to the Joint Budget Committee’s Special Language subcommittee on Tuesday, March 18, 2025. (Tess Vrbin/Arkansas Advocate)

Sullivan has vowed to eliminate the State Library Board, which refused last month and again last week to disavow the ALA. Sullivan has repeatedly criticized a portion of the ALA’s Library Bill of Rights that states access to libraries should not be restricted based on a person’s age. 

Far-right conservatives who object to the availability of certain content have said this is proof the ALA is forcing content about sexual activity and LGBTQ+ topics onto children.

4) New Bills

Lawmakers filed more than 180 bills by Friday afternoon, including:

SB520 by Sen. Dan Sullivan, R-Jonesboro, would prohibit diversity, equity and inclusion offices, officers, policies or practices in local government. 

HB1836 by Rep. Robin Lundstrum, R-Elm Springs, would require all public entities to post video recordings of public meetings, and require that all public meetings be recorded in video format. 

HB1866 by Rep. Keith Brooks, R-Little Rock, would require each public school to install an audio recording device in each locker room and dressing room on a public school campus.  

HB1881 by Rep. Denise Ennett, D-Little Rock, would add menstrual discharge collection devices to the list of items exempt from sales and use tax during the state’s sales tax holiday. A proposed ballot measure to create a sales tax exemption for these items failed to qualify for the 2024 general election. 

Meeting schedules, agendas and livestreams are available on the Arkansas Legislature’s website.

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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.

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Addressing student misbehaviors: Educators need training to be proactive

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arkansasadvocate.com – Sonny Albarado – 2025-03-21 05:00:00

Addressing student misbehaviors: Educators need training to be proactive

by Lydia Lucien Collins, Guest Commentary, Arkansas Advocate
March 21, 2025

Jackson starts the day in my 2nd grade class sitting criss-cross applesauce during carpet time and solving  math story problems. He frequently ends the day by shoving chairs and screaming at his classmates.

It was while taking large balloon breaths to control his feelings that Jackson blurted out, “I’m angry!” He told me it was because his mom was in prison and he couldn’t see her. Until then, I hadn’t fully realized how much of Jackson’s outside life was finding its way into our classroom, affecting him and our entire learning community.

Student behavior problems are on the rise and are getting more serious. According to America’s Health Rankings, 52 percent of children in Arkansas have experienced one or more adverse childhood experiences (stressful or traumatic childhood events), higher than the national average of 39 percent. Jackson working through his mother’s incarceration is just one  example.

To support Jackson, I researched strategies to help him regulate his emotions. When he became angry, we practiced “throwing fireballs,” acting like we were tossing things into the air very quickly. We found ways to name his feelings, and he became more and more comfortable asking me for a break when he needed time to reset.

He is feeling and learning better, but growth isn’t a linear process. There are still days when  Jackson has emotional or behavioral outbursts, when I need to ask him, “What is another way you could’ve handled this?”

I’m not the only teacher in Arkansas who needs to help students manage their emotions and learn how to process their trauma in healthy ways. Educators in our state need training in trauma-informed care and practices.

If I had better preparation in topics such as deescalation of behaviors and self-regulation, I would have been able to help Jackson much sooner. If I had a toolkit of coping strategies for him to self-regulate and reset, I would’ve also been able to help him identify his emotional triggers.

Such training for educators should include student scenarios so that teachers can practice identifying root causes of behaviors like pushing furniture around the classroom. When I first saw this behavior in my classroom, I was unsure what led to it and how to handle it. I didn’t understand why Jackson was behaving the way he did; I was not proactively helping him to adjust to my classroom. It took me a while to understand that Jackson needed consistent expectations and clear boundaries, in addition to a calm, safe place to take a break.

The Arkansas LEARNS Act underscores  the “importance of prioritizing school safety by focusing on physical security, additional resource officers, and mental health and training to implement best practices.” Who better than teachers — often the first touchpoint for a student — to receive this training?

The next step is to allocate funding to make this vital professional learning possible. The Arkansas Department of Education, for example, could offer grants, encouraging schools to apply for staff trauma-informed training specific to the needs of their students. The application could take into account the school safety report, which provides more insight into the school’s demographics.

Eligible criteria to receive funding could be based on the demonstrated percentage of students in the school impacted by adverse childhood experiences. In my school, students would particularly benefit from having teachers who were better trained in coping strategies. Behavioral outbursts frequently occur when students get upset and have difficulty calming down.

Jackson ended the year taking deep breaths and calmly asking me: “Mrs. Collins, is it okay if I take a break? I’m frustrated.” Self-regulation and naming his emotions are the skills that will help him succeed beyond my classroom. Let’s make sure that educators have the tools they need to give Arkansas students like Jackson the support they need to deal with any and all experiences life might throw at them.

Note: The student’s name has been changed to protect their privacy.

This article has been updated to show the correct author.

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.

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