Sheffield Nelson plans more legal action UPDATE | Arkansas Blog

Wednesday, October 27, 2010

Sheffield Nelson plans more legal action UPDATE

Posted By on Wed, Oct 27, 2010 at 11:30 AM

Sheffield Nelson will announce this afternoon further legal action against the Game and Fish Commission today related to the Freedom of Information Act and the Administrative Procedures Act.

I think what's happened here is that he and counsel Don Eilbott discovered through his initial lawsuit — prompted by unhappiness over the commission's new legislative-style committee governance system — other ways in which the commission operates extralegally. Key clue: Commissioner Emon Mahony's refusal to say this week whether he believed the state administrative procedures act applied to the commission. It is a short step from saying that to saying no statute applies to the commission. The decision to back off adopting a special FOI law for the commission didn't begin to answer all the lingering questions. I happen to think — oddly enough — that the committee system might be legal, if properly adopted.

UPDATE: At today's press conference Nelson said he was filing an amended complaint with the Pulaski County circuit court. The Game and Fish Commission was "caught with their hands in the cookie jar," Nelson said. He is asking for a declaratory judgment on whether the Arkansas FOIA and Arkansas Administrative Procedures Act are applicable to the Arkansas Game and Fish Commission.

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