COMMENTS ON PROPOSED OPEN MEETING POLICY REVISIONS

The Board of Directors of Hot Springs Village are stating that they have adopted an open meetings policy in the past. They now want to revise it. Rather than follow the Arkansas Freedom of Information Act, they have created a hybrid open meeting policy for Hot Springs Village that has more holes in it than a piece of Swiss cheese. Since we are not a governmental body, they think they can do as they please. A section of the Arkansas Freedom of Information Act that may prove their downfall is a statement that the act must be followed by any board, or organization in the state of Arkansas supported wholly or in part by public funds, or expending public funds. The question would become: Is the dues that we pay considered public funds? Or are we just a private club? And, do we use any other public funds in the form of grants, or other government subsidies? If yes to any of those questions, case closed.

The Arkansas Freedom of Information Act gives the reason for such an act: “It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy.” It should be no different for Hot Springs Village.

The Arkansas Open Meetings Law allows three reasons for going into executive session. The Hot Springs Village Open Meeting policy allows for seven, the last being: DISCUSSIONS OF CONFIDENTIAL MATTERS. Needless to say, this is a catch-all insertion allowing for just about anything to be discussed in closed session. It makes the entire policy woefully inadequate.

It is also stated in the Arkansas Freedom of Information Act that no resolution, ordinance, rule, contract, regulation or motion considered in executive session will be legal unless it is voted on in open meeting. Here again, the Hot Springs Village policy exempts personnel matters. This means they can vote behind closed doors to fire someone. This would be wrong and another violation of the public trust.

Anyone who thinks these matters are unimportant has missed the whole point of government and its responsibilities to the electorate. To blindly accept our current Open Meeting policy and to accept the revisions stated is the act of an irresponsible citizen. Or club member.