Attorney General’s FOIA Working Group Challenged to Protect Public Liberty
When the Attorney General’s Freedom of Information Act (FOIA) working group meets to “modernize” and “balance” FOIA, I hope they appreciate that “We the People” established the government, and therefore, the people are the Sovereign and the government is their servant.
Defending the Constitution
Joey McCutchen, an attorney based in Fort Smith and co-founder of the Arkansas Transparency In Government Group, firmly stands as a defender of the Constitution of the State of Arkansas of 1874. Specifically, McCutchen highlights Article 2 – Declaration of Rights, which clearly establishes the power in the people. The government was created to protect the rights of the people, not deny them. The remaining sections of Article 2 outline the inherent and inalienable rights of the people.
The Arkansas Freedom of Information Act
McCutchen also defends the Arkansas Freedom of Information Act (AFOIA), which was established in line with the principles of the 1874 Arkansas Constitution. The AFOIA protects the people’s “right to know” about the government’s business and ensures open records, open meetings, and open government for all Arkansas citizens. The legislative intent behind the AFOIA in 1967 emphasized the importance of performing public business in an open and public manner.
Concerns Surrounding the FOIA Review Working Group
Attorney General Tim Griffin recently announced the creation of a FOIA Review Working Group to “modernize” and “balance” the FOIA, raising concerns among many who fear potential weakening of the law. The announcement was met with skepticism, especially since the working group would meet behind closed doors, outside of public view. This announcement came after what was considered the most significant attack on AFOIA in a legislative session since 1967, raising further concerns.
The Responsibility of the FOIA Review Working Group
The FOIA Review Working Group, which is set to begin meeting in early September, carries the responsibility of protecting public liberty and the right to know. Despite being kept outside the room, Arkansans will be watching and guarding with great attention. McCutchen expresses hope but also fears that the working group may prioritize “government efficiency” over the people’s right to know.
Ensuring Transparent Government
McCutchen’s hope is that any changes to the AFOIA will adhere to the legislative intent of 1967. He emphasizes the need for clear and precise open meeting laws that promote meetings conducted in an open and public manner. McCutchen argues that secret discussions held through text messages, emails, or in private settings go against the principles of government “of the people, by the people, and for the people,” as stated by Justice Josephine Hart in her dissenting opinion.
Preserving the Right to Know
While acknowledging the potential challenges from a perceived hostile environment towards open government, McCutchen hopes that the working group will not compromise the people’s right to know. He stresses the importance of public records being produced free of charge, promptly, and without unnecessary delays. McCutchen expresses concern that charging for public records or extending the time required for their production would hinder government transparency.
The Role of Light in Government
In conclusion, McCutchen cites Woodrow Wilson, stating that light is the only thing that can sweeten the political atmosphere and open the innermost chambers of government. He urges the working group to remember that the government works for and belongs to the people. By prioritizing transparency, the survival of this maxim can be ensured.
As the FOIA Review Working Group commences its meetings, its decisions will carry significant weight in determining the future of government transparency in Arkansas. The responsibility lies upon the members of the working group to uphold the principles of public liberty and the right to know, as established by the Constitution and the Arkansas Freedom of Information Act.
Read More US Politics News
Comments are closed.