West Memphis school district sued in FOIA dispute

A pair of Fort Smith attorneys sued the West Memphis School District and Board of Education alleging they violated the state’s Freedom of Information Act during the process of hiring a new superintendent. 

Joey McCutchen and Stephen Napurano filed the suit in Crittenden County Circuit Court on Oct. 9 on behalf of plaintiffs Tammy Bell and Cheryl Roe, who said the public was not notified of candidate interviews while the board was searching for a new superintendent. 

Arkansas’ FOIA requires all meetings of school boards, which are supported by public funds, to be public meetings. For special or emergency meetings, the law requires that a governing body give at least two hours notice to anyone who has requested notice so “that the public shall have representation at the meeting.”

The West Memphis Board of Education in April voted to fire Superintendent Richard Atwill without explanation and pay him $350,000 as part of a severance package, according to the complaint. Willie Rhodes was named interim superintendent.

On May 31, the West Memphis School District announced Terrence Brown was selected as the new superintendent after the board conducted interviews. The board approved Brown’s contract during a special meeting on June 6. 

According to the complaint, a FOIA request revealed the board secretly interviewed four candidates for the superintendent position on May 24 and May 25 — Terrence Brown, Wyonia Scott, Toriano Green and Rodriguez Broadnax.

Prior to the June meeting, board member Kimberly Wolfe contacted the Arkansas School Boards Association attorney to ask about the open-meetings provisions of the law. Wolfe did not participate in any of the interviews, according to emails submitted with the complaint. 

“There appears to be complete lack of transparency by several board members beginning with the termination of Dr. Richard Atwill, the payment of $350,000 of taxpayer money, and concluding with the secret hiring of the new replacement Superintendent Terrence Brown,” McCutcheon said in a statement.

The plaintiffs have requested that the court hold a hearing on the matter, declare that the meetings held by the West Memphis Board of Education were unlawful and “enjoin the Defendants from conducting public business in secret in the future.”