FOIA Lawsuit Filed Against Mountain Home School District, Board

MOUNTAIN HOME, Ark. – Fort Smith attorneys Joey McCutchen and Stephen Napurano filed suit today against the Mountain Home School District and Board of Education for violating the open-meeting provisions of the Arkansas Freedom of Information Act.

The case involves former Mountain Home Superintendent Jacob Long polling two Board members (Lisa House and Daniel Smakal) over a secret text message chain about a proposed 2023 millage increase. Based on the text message chain it is also apparent that Superintendent Long had previously polled each of the other Board members when he told House and Smakal that the Board was divided “3-3” on whether to propose a millage rate increase of 2.25 or 2.75. The proposed millage increase aimed at generating between $54-60 million.

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Baxter County Prosecuting Attorney David Ethredge declined to bring criminal charges against Superintendent Long or the offending Board members despite acknowledging that their actions constitute a violation of FOIA.

Ethredge stated in a letter that, “…it is clear that Superintendent Jake Long engaged in a course of conduct that was designed to circumvent and frustrated the explicit intent of ARFOIA. Superintendent Long created the non-public text communication to avoid open public meetings on matters that were of great public interest. While initiated by Long, the actions also involved the then existing school board.” (See Letter attached to Plaintiff’s Complaint)

FOIA COMPLAINT Mountain Home

McCutchen stated, “When school board members cavalierly and secretly engage in meetings involving 50-60 million dollars, there needs to be real accountability and consequences for those illegal actions. How can a school district teach our kids to accept responsibility for their actions when they violate the law and there is zero accountability?”

McCutchen added, “It is disappointing that the prosecuting attorney David Ethredge chose to focus most of his attention on Superintendent Long. who is no longer with the district, rather than on the secret votes of the elected school board members. It is also disappointing that Prosecuting Attorney Ethredge chose not to pursue criminal charges for these blatant FOIA violations involving literally millions of taxpayer dollars. This type of leniency involving blatant FOIA violations is happening across the State, creates mistrust in government, and is why we need to sign FOIA petitions to get the FOIA amendment added to our Constitution to add a civil penalty for wrongdoers.”

press release