Arkansas Press Association forms committee to support government transparency

Current and former journalists, attorneys who defend the Freedom of Information Act and other “lifetime supporters of FOIA” are joining efforts for a stronger public records law through a new ballot question committee called Arkansans for a Free Press.

The committee formed last week in support of two government transparency ballot initiatives proposed by Arkansas Citizens for Transparency (ACT). Ashley Kemp Wimberley, executive director of the Arkansas Press Association, said the nonpartisan committee would lead to a broader reach with the members each bringing different connections.

“While the [FOIA] is a right of every Arkansan, it’s a tool that must be in place for those in our journalism community to continue to do their jobs,” Wimberley said. “It’s very important to our association … and everybody in the media industry.”

Maurice “Buddy” King, a retired journalist with more than 50 years of industry experience, will serve as committee chair. Other members include Skip Rutherford, a longtime figure in Arkansas politics; Robert Steinbuch, a law professor and regular columnist for the Arkansas Democrat-Gazette; James “Rusty” Fraser, publisher of the Stone County Leader; and Andrew Bagley, publisher of the Helena World.

“I am honored to serve as chair of this committee of longtime supporters and friends of the Arkansas journalism community,” King said in a statement. “While some of us have very different political views, this is not a political campaign. FOIA is non-partisan by nature and should be important to every citizen of Arkansas. It is a tool that has to be in place to sustain community journalism and democracy.”

The committee’s 15 members will work alongside ACT to solicit signatures and fundraising dollars. Wimberley, Steinbuch and attorney John E. Tull, who are all involved in the new committee, helped draft the ballot initiatives. Nate Bell, a former state representative who’s involved with ACT, said he was excited to have more people involved in the coalition.

“[Arkansans for a Free Press] is just bringing more people in to be on the front line on this effort,” Wimberley said. “I think that when you bring in more people and you have a broader reach, then the only thing that’s going to happen is we’re going to move faster.”

Wimberley herself will serve in an advisory capacity, she said, which includes getting the committee up to speed with efforts ACT already has underway, explaining the goals and leading a discussion on whether the APA should help fund the initiatives.

Ballot initiatives

ACT’s two proposed ballot initiatives aim to strengthen the state’s public meeting and open records law so residents can continue to obtain information from governmental officials.

The Arkansas Government Disclosure Amendment and Act go hand in hand, though they both have different requirements. At least 72,563 signatures need to be turned into the secretary of state’s office by July 5 to qualify the act for the November ballot; the proposed constitutional amendment requires 90,704 signatures. An estimate of the current signature count wasn’t available on Monday.

The act would establish policies and define phrases like “government transparency,” “cybersecurity” and “public meeting.” It would also establish the Arkansas Government Transparency Commission, a group of five members who would assist citizens in accessing public records and meetings.

The amendment would enshrine the principles of government transparency in the Arkansas Constitution, restrict the circumstances in which the Legislature can make laws concerning government transparency and confirm the state can be sued if officials fail to comply.

ACT formed after Gov. Sarah Huckabee Sanders signed a law enacted during a special legislative session in September 2023 that limited the public’s access to certain records about spending on official security. Earlier versions of the FOIA legislation would have added more exemptions to the law, but bipartisan concerns altered the course.

Lawmakers offer narrower change to Arkansas FOIA after bipartisan pushback

Though the Sanders’ administration set out for a broad bill that would have essentially gutted the FOIA, an attack on the public records law has been going on for years, Wimberley said.

“It was kind of a death by 1,000 cuts,” Wimberley said. “Every legislator would say, ‘This doesn’t do much, it’s just a small change to FOIA.’ But when you get 30 or 40 bills that all make a small change to FOIA, cumulatively they might have a big effect.”

‘The people’s law’

While members of the press may feel heightened concerns around changes to the FOIA because of the significant impact it would have on obtaining information, limiting government transparency is an issue that affects all Arkansans, Wimberley said.

“People are very passionate about the issue when you talk about government transparency,” she said. “What we generally hear from the far left and the far right and everywhere in between is that it’s their taxpayer money and they have a right to know how it’s being spent.”

Bagley said the people he’s come in contact with about the initiatives have been overwhelmingly supportive, regardless of their political party.

“Everybody agrees that we should have a right to know what our government is doing and that [the] government should not be concealing or making it hard to find information,” Bagley said.

It’s not just reporters who use the FOIA in Helena-West Helena, Bagley said. Being in a town that’s “very political,” Bagley said several citizens request information from their local officials, and without the FOIA, everything could get swept under the rug.

“I want everybody from the pothead to the preacher, because FOIA is for everybody,” Bagley said.

Fraser said the FOIA makes a great check and balance for the government, and for journalists, it’s “the best tool we’ve got in our arsenal.”

“Every elected official we have will tell you they are in favor or they support transparency in government,” Fraser said. “How many of them are lying? Damn near all of them.” 

Both Bagley and Fraser have published stories over the years solely using the FOIA. Bagley said he revealed the local school district had several broken security cameras, and Fraser said he helped save a surgeon’s career.

“If it were political in nature — far left or far right — the [Arkansas] Press Association wouldn’t be involved,” Wimberley said. “It’s simply protecting what’s one of the strongest Freedom of Information Act laws in the country and making sure we preserve what we have.”