Judge issues ruling in FOIA lawsuit against Mountain Home School District, Board

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The lawsuit against the Mountain Home School District and the School Board has officially come to a close with a ruling handed down Tuesday morning. Circuit Judge John Putman of Harrison, who presided over the case after several local judges recused themselves, issued his consent judgment.

The lawsuit was filed by Fort Smith attorneys Joey McCutchen and Stephen Napurano on behalf of Melissa Klinger, who in the filing lists her address as both Baxter and Crittenden counties, and asks the court to declare text messages sent between former Superintendent Dr. Jake Long and school board members in February of 2023 constituted an illegal meeting and a violation of the open-meeting provisions of the Arkansas Freedom of Information Act (FOIA).

In the judgment, Judge Putman says since the school district, in their reply to the lawsuit, consented to judgment as to relief requested in the lawsuit, Klinger is entitled to be reimbursed for the costs incurred in filing the lawsuit. He noted she is not seeking attorney’s fees.

The judge says the court declares the subject text messages constitute impermissible polling, and an illegal meeting, held without public notice in violation of the open-meeting provisions of FOIA.

Putman says the district and board are enjoined from conducting public business outside of the public view without complying with the notice requirement of FOIA.

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