Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H4/8/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1872
4
5 By: Representative Beaty Jr.
6
7 For An Act To Be Entitled
8 AN ACT TO AMEND THE FREEDOM OF INFORMATION ACT OF
9 1967; TO PROVIDE THAT A MUNICIPALITY SHALL MAKE AN
10 AUDIO RECORDING OF CERTAIN EXECUTIVE SESSIONS; TO
11 PROVIDE FOR THE FILING AND RETENTION OF THE AUDIO
12 RECORDING; TO REQUIRE THE MUNICIPALITY TO PAY CERTAIN
13 LEGAL EXPENSES OF A PLAINTIFF WHO SUCCESSFULLY ARGUES
14 THAT DISCUSSION DURING THE EXECUTIVE SESSION WAS
15 IMPROPER; AND FOR OTHER PURPOSES.
16
17
18 Subtitle
19 TO REGULATE THE AUDIO RECORDING AT
20 CERTAIN EXECUTIVE SESSIONS HELD BY
21 MUNICIPALITIES; AND TO REQUIRE
22 MUNICIPALITIES TO REIMBURSE PLAINTIFFS
23 UNDER CERTAIN CONDITIONS.
24
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
27
28 SECTION 1. Arkansas Code 25-19-106(c)(1) and (2), concerning open
29 public meetings under the Freedom of Information Act of 1967, are amended to
30 read as follows:
31 (c)(1)(A) Except as provided under subdivision (c)(6) of this section,
32 an executive session will be permitted only for the purpose of considering
33 the employment, appointment, promotion, demotion, disciplining, or
34 resignation of any public officer or employee.
35 (B) The specific purpose of the executive session shall be
36 announced in public before going into executive session.
*RWO142* 04-08-2021 09:51:53 RWO142
 As Engrossed: H4/8/21 HB1872
1 (2)(A) Only If an executive session is called under subdivision
2 (c)(1)(A) of this section, only the following people shall be permitted to
3 attend when invited by the governing body holding the executive session:
4 (i) The person holding the top administrative
5 position in the public agency, department, or office involved, the immediate
6 supervisor of the employee involved, and the employee may be present at the
7 executive session when so requested by the governing body, board, commission,
8 or other public body holding the executive session.; and
9 (B)(ii) Any person being interviewed for the top
10 administrative position in the public agency, department, or office involved
11 may be present at the executive session when so requested by the governing
12 board, commission, or other public body holding the executive session.
13 (B) If a municipality holds an executive session under
14 subdivision (c)(1)(A) of this section, the governing body holding the
15 executive session shall:
16 (i)(a) Make an audio recording of the entire executive session and
17 promptly file the audio recording with the city clerk, who shall retain it
18 for at least three (3) years from the date of the executive session.
19 (b) The audio recording of the executive
20 session held under subdivision (c)(1)(A) of this section is exempt from
21 disclosure under this chapter;
22 (ii) At the conclusion of the executive session,
23 give a public oral summary of the discussion during the executive session and
24 record the oral summary in the minutes of the meeting; and
25 (iii)(a) Within thirty (30) calendar days of the
26 executive session, prepare a written transcript of the executive session.
27 (b) The written transcript:
28 (1) Shall be redacted as necessary to
29 shield from disclosure any information that qualifies for an exemption under
30 either 25-19-105(b) or a law that specifically provides for the
31 nondisclosure of certain information; and
32 (2) Is subject to disclosure in response
33 to a request for public records.
34 (c) The municipality shall publish the written
35 transcript in a local newspaper within sixty (60) calendar days of the
36 executive session.
2 04-08-2021 09:51:53 RWO142
 As Engrossed: H4/8/21 HB1872
1
2 SECTION 2. Arkansas Code 25-19-107, concerning the right to file
3 suit in circuit court to appeal an alleged denial of rights under the Freedom
4 of Information Act of 1967, is amended to add an additional subsection to
5 read as follows:
6 (f) If a citizen files suit in circuit court under this section
7 claiming that improper discussion occurred during an executive session called
8 under 25-19-106(c)(1), then:
9 (1) The audio recording of the executive session required under
10 25-19-106 shall be made available to the circuit court for an in camera
11 review; and
12 (2) If the circuit court determines that the discussion during
13 the executive session was improper, the defendant shall pay the plaintiff's
14 reasonable attorney's fees or other litigation expenses that the plaintiff
15 reasonably incurred.
16
17 /s/Beaty Jr.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
3 04-08-2021 09:51:53 RWO142


Statutes affected:
Old version HB1872 Original - 4-5-2021 04:08 PM: 25-19-106(c), 25-19-107
Old version HB1872 V2 - 4-8-2021 09:52 AM: 25-19-106(c), 25-19-107
HB 1872: 25-19-106(c), 25-19-107