The issue is joined
The Arkansas Democrat-Gazette has sued Gov. Mike Huckabee and the state Parole Board in circuit court over his office's refusal to release information about Larry Zeno's resignation from the Parole Board following an investigation of his conduct.
This is a suit the governor should settle. (And, governor's office, we're still waiting for a response to our own FOI on this matter. Statute requires a response from the trustee of such records, even if the answer is "no." Perhaps, like Bush, the governor believes he can suspend laws that he doesn't like when they pertain to his critics.)
Why should the governor settle it? Because this case finally could produce some good law on the definition of a working paper. We don't believe an otherwise public document that constitutes a record of a public official's job performance can be made secret by moving it to a certain physical location. This governor, and those before him, have taken the view that any scrap of paper inside the confines of that office can be kept secret. Case law in other states doesn't go so far. Maybe Arkansas will join the free world when this case is decided.
Chris Piazza drew the case. We lost an FOI case before him once and I still think it was wrongly decided, but we couldn't afford the appeal, having already spent $13,00 against the delaying tactics of the University of Arkansas. We got some partial consolation when Leon Holmes, who'd done a lot of press work and now sits on the federal bench, gave a speech disagreeing with Piazza's decision.



Comments
So, for fun, how about some guesses on what occupies the iPods of Arkansas candidates (or, in some cases, the 8-track players, turntables, victrolas....)?
Take a stab at choosing a track for some of these statewides/locals if you like:
HUCKABEE
BEEBE
HUTCHINSON
ROD BRYAN
JIM LENDALL
HALTER
HATHORN
WOOLDRIDGE
MARTIN
MATAYO
HOLT
PRITT
HERZFELD
MCDANIEL
SUSKIE
CAMPBELL
SHOFFNER
HOUSE
VIC SNYDER
ANDY MAYBERRY
TOM FORMICOLA
KATHY WEBB
JORDAN JOHNSON
JESSE GIBSON
JERRY LARKOWSKI
Posted by: Just for Fun | May 22, 2006 03:54 PM
Call me crazy, but just for the fun of it, I kind of wish Huckabee wasn't leaving office so soon. I'd like to see how much trouble he could ultimately get himself into by throwing his executive weight around.
And speaking of weight, I still predict that after he doesn't get the Presidential nomination, he'll start eating again.
Posted by: Patrick, Pocahontas | May 22, 2006 03:56 PM
The FOI laws in this state are paper laws only. Every body running for office comes out supporting them until they are elected and have something to hide.
Posted by: saywhat | May 22, 2006 03:59 PM
This is the exact thing that the ArkFam blog is talking about on their blog involving Beebe's assertion of the working papers exception. How can the DemGaz sue Huck and not Beebe.
"The Arkansas Times has been desperately trying to get attention to the fact that Governor Huckabee has removed them from the press distribution list. We actually have some sympathy for the Arkansas Times. However, we are disturbed by the fact that the Arkansas Times and other media outlets have turned a blind eye to Mike Beebe's egregious disregard for our states FOI laws.
Over a year ago, the Arkansas Democrat Gazette requested all political correspondance, literature, emails, speeches etc... from both Mike Beebe and Win Rockefeller's offices under the States FOI laws. Win Rockefeller complied and turned over the information requested. As you may recall there were a few political emails between Win and Doyle Webb which was somewhat embarrassing, but that kind of thing is almost unavoidable with modern day technology.
However, Mike Beebe refused to turn any documents over stating that 1) there were no such political documents and 2) even if there were, those would be protected under the working papers exception to the FOI laws. Later that summer, Columnist, David Sanders discovered that Mike Beebe's staff had written speeches on the AG's computers. This was in direct conflict to the statement made previously by Beebe's spokesman "that no such political documents existed." We now know that at least one such document existed and was not turned over pursuant to the FOI request. Beebe was then force to fall back on his previous assertion that these political documents are protected under the working papers exception. This would be a laughable claim, except that the Arkansas media is buying it. Understand, Mike Beebe is claiming that political documents prepared illegally (certainly outside the scope of his official duties) is protected under the "official working papers exception."
Rep. Johnny Key requested an AG's opinion to clarify this matter - certain that Mike Beebe would not stick to this ludicrous claim - we were shocked to discover that Mike Beebe responded by saying that illegally prepared documents are in fact protected under the working papers exception. This is great news to all elected officials - it basically means that they don't have to turn over anything - even illegal documents.
The media, who claims to be the protector of the public's right to know has sat on their hands and accepted Mike Beebe's pathetic and clearly unethical explanations. The media should be ashamed of themselves.
But the bigger question is for Mike Beebe: What documents are worth protecting to the point of lying about their existence and then fabricating absurd interpretations of the FOI laws to prevent access to those documents?
Remember this is the same Mike Beebe who has already been sanctioned for using his public office for personal politics and is under current investigation for additional misuses of his official office for personal political gain. Forgive us for suspecting that their is alot more that Mike Beebe wants to conceal and he is willing to make a mockery of our states FOI laws to do that." -ArkFam
Posted by: Oh, the hypocracy | May 22, 2006 04:21 PM
Well, I guess we just heard from the Asa! camp.
Posted by: anonymous liberal | May 22, 2006 04:34 PM
Beebe-- "Oh Lord It's Hard To Be Humble" (Mac Davis)
Holt--"Crazy" (Patsy Cline)
Hathorn--"Dirty Laundry" (Don Henley)
Daniels--"One Bourbon, One Scotch, One Beer" (John Lee Hooker)
Pritt--"Maneater" (Hall & Oates)
Shoffner--"Don't The Girls All Get Prettier At Closing Time" (Mickey Gilley)
House-- "Who Are You" (The Who)
McDaniel--"Eat The Rich" (Aerosmith)
Mayberry--"Another One Bites The Dust" (Queen)
Posted by: ipod theme songs | May 22, 2006 04:35 PM
Funny stuff!
Posted by: moose | May 22, 2006 06:17 PM
Republicans suing Republicans? Lawdy!!!!!
Posted by: Cato | May 22, 2006 06:25 PM
RE: And, governor's office, we're still waiting for a response to our own FOI on this matter. Statute requires a response from the trustee of such records
You'll be waiting a very long time then.
Posted by: Anonymous | May 22, 2006 09:24 PM
What about Beebe disregard for the FOI laws?
Posted by: Eric | May 22, 2006 09:33 PM
Lay off the governor...get over it
Posted by: Anonymous | May 22, 2006 11:14 PM
He's the Governor and you're not.....so quite whinning and move on....
Posted by: Anonymous | May 22, 2006 11:16 PM
To anonymous: So you are ready to take this kind of crap from Gov. Beebe? When he's guv, you'll just suck it up for four years? RIght.
Posted by: Ransack | May 22, 2006 11:39 PM
Good job ADG! This lawsuit is in the best interest of the AR press, but more importantly that of AR citizens.
Thank you!!!
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