A lawsuit has been filed in Baxter County Circuit Court against the Mountain Home School District and the Mountain Home School Board over violations of the Arkansas Freedom of Information Act by former Superintendent Dr. Jake Long and members of the school board in February of 2023. The lawsuit, filed by Fort Smith attorneys Joey McCutchen and Stephen Napurano on behalf of Melissa Klinger of Mountain Home, does not ask for any damages, only for the court to declare text messages sent between Long and school board members constituted an illegal meeting and a violation of the open-meeting provisions of FOIA and for attorney’s fees.
In a press release sent to media outlets, McCutchen says “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.”
But in a story by KTLO, Classic Hits and The Boot News last month, Ethredge explained charges could not be brought against Long because he was not an elected official and the current FOIA laws only apply to elected officials. He also said there was not enough evidence following the investigation by the Baxter County Sheriff’s Office to pursue charges against any school board members.
Mountain Home Superintendent Allyson Dewey released a statement Tuesday saying “It is my understanding that this situation has already been addressed through Mr. Ethredge’s letter last month. I am not certain what this suit is meant to accomplish, but I am certain that we will continue to serve our students, their families, and the community.”
The district has 30 days to respond to the lawsuit.
Previous coverage
Prosecuting Attorney discusses FOIA violations committed by former MH Superintendent, Board Members
MHPS Superintendent responds to FOIA claims
MHPS Attorney discusses FOIA requests
MHPS Superintendent discusses letter received by Prosecuting Attorney about FOIA violations
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