Nevada County Picayune and Gurdon Times Newspaper Archive

Paul gets info in FOIA suit

James Paul, the Okolona citizen seeking answers about the city's funds, and reasoning behind some actions, has been allowed some of the information he's been seeking.

With the exception of information about its residential water system, the City of Okolona is releasing information sought by Paul in a Freedom of Information Act (FOIA) lawsuit pertaining to the routine operations of the city's government.

Paul's attorney, Clint Mathis, said he and Paul are about halfway through copying information Paul has requested since October about how the City of Okolona conducts business. The two have spent about four hours copying the requested material and expect to spend about four more hours doing so before they are finished

"We've met, copied about half the records and we're going to complete this process within the next week or so," Mathis said last Wednesday.

The stumbling block, he said, is information about the water system. On behalf of his client, he maintains the information comes under the umbrella of the FOIA.

The City of Okolona contends, on the other hand, under the federal Fair Debt Collection Act, the water bill information is exempt from Arkansas' FOIA. Mathis disputes the city's argument that the information is covered under the fair debt act.

Mathis and Paul want to examine the water system information to determine whether Okolona funds or services are being misappropriated by the city government and/or Mayor Joy McElhannon.

"We have several attorneys' general opinions where they've made it clear that this type of information is available," Mathis said. "It has to be, when you think about it. How else are we going to know if the system is being run appropriately?"

Mathis, on behalf of Paul, filed an FOIA lawsuit against the City of Okolona and McElhannon on March 21 seeking a variety of information regarding the routine operations of the Okolona city government. The lawsuit was dismissed in Clark County Circuit Court on April 2 because of a technicality  Mathis did not file the FOIA lawsuit on time.

The following information was requested in the lawsuit:

*A complete inventory list for the town on Okolona, the Okolona Fire Department and the Okolona Water system;

*A record of customer deposits and payment history of the Okolona Water system from 1999-2001;

*A copy of the insurance policy or bonding for the Town of Okolona, Okolona Fire Department and Okolona Water System;

*Ledgers for the Town of Okolona, Okolona Fire Department and Okolona Water System. This includes accounts payable, accounts receivable and the general ledger;

*Records of any grants applied for or received from 1999-2001; and

*Any type audit for the town, fire department and water system for 1999-2000.

If Paul files his FOIA lawsuit again, Mathis said, it will most likely be on the basis of the water system information request.

"I think that's where the litigation is going to occur," he said. "It may be that we are able to reach some sort of interim arrangement."

Arkansas Attorney General Mark Pryor could be asked for an opinion on whether the water system information is covered under the state's FOIA law.

"The attorney general is not always right. We'll just have to wait and see what happens."

Mathis and Paul say they are not backing down in their efforts to obtain all information sought in Paul's FOIA request.