Judge: Hoxie violated FOIA

WALNUT RIDGE – A Lawrence County Circuit Court on Wednesday ruled that the city of Hoxie violated the Arkansas Freedom of Information Act on at least three occasions by not providing a city council member copies of records within the three-day window, set by law.

Circuit Judge Rob Ratton made the decision late Wednesday in the case involving council member Darrell Pickney and the city of Hoxie. The judge also ordered the city to comply with the state’s FOI law in the future.

Pickney filed suit March 4 in Lawrence County Circuit Court, alleging the city did not provide him with requested records.

One of the records, involving a $110,000 re-use loan from the city to a law firm affiliated with City Attorney Nancy Hall, was requested orally on Oct. 20, 2023 and was not turned over to Pickney for three weeks, which was outside the three-day window, Judge Ratton said on the bench.

Also, on Wednesday, a state legislative committee early released a 2022 audit for the city of Hoxie, finding noncompliance with state law and acceptable accounting practices by the mayor’s office regarding the re-use loan.

“On December 14, 2021, the City Council approved a $110,000 loan to a company owned, in part, by the City Attorney. The loaned funds originated from the City’s Re-Use Job Stimulus Fund, which, according to the City’s Re-Use Plan (Plan), should be used to revitalize and expand business and industrial employment in the city,” the audit from the Division of Legislative Audit said. “Subsequently, the company purchased land, partially owned by the Mayor, and built storage units within the City. The Hoxie Administration Board of Directors (Board) reviewed the company’s loan request but did not require submission of a loan application, in noncompliance with Plan policy.

City officials indicated that Board approval of Re-Use loans without an application was a regular practice.”

Another request from Pickney made on Feb. 17, 2024, involving bank statements for the re-use fund from October 2023 to the present, was not turned over until March 5, which was also outside the three-day window, Judge Ratton said. McCutchen said he is also looking at other possible legal action against the city and the mayor, involving 1st Amendment and other violations.

LITTLE ROCK — Arkansas State Police arrested a Benton man March 8, charging him with 250 counts of distributing, possessing or viewing of matter depicting sexually explicit conduct involving a child.

On Feb. 29, ASP’s Internet Crimes Against Children Task Force opened an investigation into Gregory Lynn Westbrook, 27, after receiving a cyber tip related to the distribution of child sexual abuse materials.

With assistance from the Saline County Sheriff’s Office, Westbrook was taken into custody by ASP agents and transported to the Saline County Detention Center.

Last Thursday, agents with the ICAC Task Force and the Texarkana Police Department executed a search warrant in the 1400 block of Orleans Street in Texarkana, seizing electronic devices and other evidence at the home of 38year-old Jonathan McLean.

McLean was taken into custody at his place of employment and later transported to the Miller County Detention Center, charged with 100 counts of distributing, possessing or viewing of matter depicting sexually explicit conduct involving a child.