City officials in spat over FOIA request

West Memphis council session turns into war of words

news@theeveningtimes.com

West Memphis City Council members in attendance for a May 2 work session witnessed two elected officials butting heads over a request for information On April 23, City Clerk Joyce Gray sent a Freedom of Information Act (FOIA) request to City Treasurer Frank Martin on April 23 but by the meeting a week later, Gray had yet to receive the requested documents. Typical FOIA letters are subject to a three-business- day answer, and Gray offered to wait four days.

A written summary of the issue submitted by Gray read: “I the City Clerk requested accounts payable information from an employee of the City West Memphis, who refuse to relief [sic] the information in the time frame according to the Arkansas state statue

[sic].”

The answer Gray got from Martin was to exercise patience.

“Since the State Legislative Auditors are reviewing the 2018 files and this will take a considerable about

[sic] of time and personnel, I should have this to you in 30 days,” replied Martin On April 24.

“I am going to take this to district court,” said Gray. “I hired an attorney.”

“Do you know the way or should I show you where it’s at?” answered Martin.

City Councilman James Pulliaum interrupted the escalating dialogue.

“We need to follow protocol,” said Pulliaum to Martin. “If it says we need to get the information in a certain time, then that is what we need to do. We need to make the effort.

I’m hoping we are on the same team. I’m feeling all the animosity. We need to put it outside. The things we are supposed to be doing, we need to be about doing and come in here and do our jobs. If the clerk asks for something, give it to her. Read the book — whether its one of us or a citizen, give it to them. As elected officials, should we have to do this? As elected official, I would hope we could work together in peace and harmony.”

“We are talking about 20 to 30 checks she asked within four days and your answer was it would take more than that?” asked Councilwoman Melanie Hutchinson.

“I will give it to her within 30 days — or sooner than that if I can get it to her. That was my answer,” said Martin.

“I went to the statute of the law, it said immediately or within three business day,” said Gray. “There should be a check register and an accounts payable ledger.

“The trial balance would tell you some of that, but it doesn’t answer all of the request,” said councilman Tracy Catt. “The trial balance would show you the check number, who it was payable to and how much, but it doesn’t answer. It would answer some of what your are looking for but not all off it.”

The reason for the request was the main issue for Gray. She had been signing city checks and thinking the city could possibly save some money on IT consulting by hiring in house.

“I’ve been signing up to $5,000 a week going out to those computer consulting companies,” said Gray. “I think it would be in our best interest to hire our own IT to have on site.”

Gray said she had signed checks for hotel rooms, meals and travel for Southern Software and C& T Solutions for city payments and wanted to examine the record of payments made since January 2018.