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Thursday, October 6, 2011

City of Little Rock Caught Red-Handed Violating Freedom of Information Act


PUBLISHER'S NOTE: As of Oct 10, 2011, The City of Little Rock has finally complied with our lawful requests. I did notice that she STILL insisted to take a peek at my press card.


Ms. Hall (Attorney General's Office),



The City of Little Rock is refusing to comply with my Freedom of Information Request under the guise of placing illegal obstacles in the path of an Arkansas citizen. 



As seen in the included e-mails, I am being required to PHYSICALLY appear before them and present a formal ID card in order for them to comply with my lawful request, this to us, it is a direct violation of the tribal sovereignty of the Houma-Choctaw Nation (recognized by the EAC division of the Ark Dept. of Education 2005). 

This is an obvious attempt to complicate compliance. So, is EVERY person in the whole state required to personally appear and present themselves to the City of Little Rock to obtain legal compliance? I have offered to cover any cost regarding my request. They have refused response and compliance at this time.

I am seeking your office's opinion.

Thank You
Chief Ean Bordeaux, Pro Per
Houma-Choctaw Nation


In response to your request, I have attached a PDF copy of Op. Att’y Gen. 2008-071.  Hopefully, the discussion contained in this opinion will assist you in resolving your questions in this regard.  I call your attention to page 11 of the attached opinion, which cites the implicit FOIA requirement that custodians mail records upon request.  
   
Cheryl Hall, CLA  
Opinions Department  
Arkansas Attorney General's Office  
323 Center Street, Suite 1100  
Little Rock, AR  72201  
501-682-5086  
501-682-8162 (fax)

Opinion No. 2008-071 
Page 11 

As a practical matter, therefore, it may be impossible to afford immediate, 
unrestricted access to the requested records.  The question will turn on the specific 
facts of each individual case, but consultation with legal counsel for the purpose of 
“separate[ing] exempt from nonexempt information” may be justified, although a 
delay for this purpose should not exceed three working days.  See Op. Att’y Gen. 
98-223.     

Because the question posed also mentions  the need to view  the records at the 
office of the agency’s attorney, it perhaps bears noting that in accordance with 
A.C.A. § 25-19-105(a)(2)(A) (Supp. 2007), “[a] citizen may make a request to the 
custodian to inspect, copy, or receive copies of public records.”  (Emphasis added).  
This section provides, additionally, that “[t]he request may be made in person, by 
telephone,  by mail, by facsimile transmission,  by electronic mail, or by other 
electronic means provided by the custodian.”   Id. at (B) (emphasis added).  

Although the intent to afford citizens the right to receive copies of records by mail 
is not expressly set forth in the statute, I believe such intent may be fairly implied.  
Accordingly, to the extent your question also suggests some concern that the 
citizen was not able to request that copies of the selected records be provided by 
mail, such concern may in my opinion be warranted.  The question of whether any 
citizen has been denied rights granted  by the FOIA will,  however, ultimately 
depend upon the specific facts.  See generally Op. Att’y Gen. 2000-059. 
Assistant Attorney General Elisabeth A. Walker prepared the foregoing opinion, 
which I hereby approve. 


EMAILS:

26 messages:
Witherell, Stacey Wed, Sep 14, 2011 at 2:30 PM
To: Willy Dog
Kelly forwarded your email to me for response. I have reviewed your request and my response is that we
do not have a record that meets “Fire Chief’s son”. The Freedom of Information Act refers to
documents/records that we keep and we are not able to produce a document under that title.
Stacey Witherell
Labor and Employee Relations Manager
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Friday, September 09, 2011 1:09 PM
To: Shepard, Kelly
Subject: Re: FOIA Req.

Can I get the full name, date of hire of Fire Chief Summer's son please?
On Fri, Aug 26, 2011 at 1:18 PM, Willy Dog wrote:

On Tue, Aug 23, 2011 at 3:25 PM, Shepard, Kelly wrote:
Thank you sir.
Willy Dog Fri, Sep 23, 2011 at 1:22 PM
To: "Witherell, Stacey"
FOI Ammended REQ:
Full and complete available personnel/disciplinary records via email for the
folowing:
Jamaal Roby-LRFD
Lt. Tanya Washington-LRPD
Sgt. Roger Snooks-LRPD
James Stanchak-LRPD
[Quoted text hidden]
Willy Dog Fri, Sep 23, 2011 at 1:34 PM
To: thastings@littlerock.org
[Quoted text hidden]
Witherell, Stacey Fri, Sep 23, 2011 at 1:39 PM
To: Willy Dog
Just to clarify you want the entire personnel file and whatever disciplinary actions there are that are releasable or
just the disciplinary actions? Just a reminder, only disciplinary actions that are suspensions and terminations
are releasable after final administrative resolution.
Thank you.
Stacey Witherell
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Friday, September 23, 2011 1:23 PM
To: Witherell, Stacey
Subject: Re: FW: FOIA Req.
FOI Ammended REQ:
[Quoted text hidden]
Willy Dog Fri, Sep 23, 2011 at 1:43 PM
To: "Witherell, Stacey"
You are clear, personnel and releasable. Thank you.
[Quoted text hidden]
Hastings, Terry Tue, Sep 27, 2011 at 10:33 AM
To: Willy Dog
Sorry. I have been in Boston. Off. Howard has been working on this and should have ready soon. Thanks
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Friday, September 23, 2011 1:34 PM
To: Hastings, Terry
Subject: Fwd: FW: FOIA Req.
---------- Forwarded message ----------
From: Willy Dog
Date: Fri, Sep 23, 2011 at 1:22 PM
Subject: Re: FW: FOIA Req.
[Quoted text hidden]
[Quoted text hidden]
Willy Dog Tue, Sep 27, 2011 at 10:43 PM
To: "Hastings, Terry"
no problem
[Quoted text hidden]
Witherell, Stacey Wed, Sep 28, 2011 at 7:11 AM
To: Willy Dog
I have completed the notification part and no attorney general opinion has been requested. We will not be able to
provide them electronically because we must redact the personal information, i.e., ssn, address, DOB, etc. on a
hard copy. The Department charges $.02 per page for copies.
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Friday, September 23, 2011 1:44 PM
[Quoted text hidden]
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 12:59 PM
To: "Witherell, Stacey"
Please remit all pages that do not require redaction electronically. Please remit
quote for the remaining, thank you.
[Quoted text hidden]
Witherell, Stacey Wed, Sep 28, 2011 at 1:01 PM
To: Willy Dog
Our imaging system is not that sophisticated were I can print one page and then email another out of the same
bunch of documents automatically.
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Wednesday, September 28, 2011 12:59 PM
[Quoted text hidden]
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:03 PM
To: "Witherell, Stacey"
Is your system sophisticated enough to electronically redact using the "Find"
option for each target redaction?
[Quoted text hidden]
Witherell, Stacey Wed, Sep 28, 2011 at 1:04 PM
To: Willy Dog
Nope, nothing of the sort. I am counting the pages now, it doesn’t look that big.
Nope, nothing of the sort. I am counting the pages now, it doesn’t look that big.
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Wednesday, September 28, 2011 1:03 PM
[Quoted text hidden]
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:07 PM
To: "Witherell, Stacey"
very, well. Not so much the amount. it is far more efficient to organize, as you
know, electronically. We will just have to do it here.
I do appreciate your efforts. With the new tax increase, we may have to seriously
look into a more sophisticated and efficient compliance system. Better things to be
doing than collating, hmm.
[Quoted text hidden]
Witherell, Stacey Wed, Sep 28, 2011 at 1:14 PM
To: Willy Dog
$4.54 is the cost. I recommend getting to HR before 4:30 p.m. M-Thursday and before 4:00 p.m. on Fridays so
there is plenty of time to process the payment.
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Wednesday, September 28, 2011 1:08 PM
[Quoted text hidden]
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Witherell, Stacey Wed, Sep 28, 2011 at 1:16 PM
To: Willy Dog
Also, will need to see an ID.
From: Witherell, Stacey
Sent: Wednesday, September 28, 2011 1:15 PM
To: 'Willy Dog'
Subject: RE: FW: FOIA Req.
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:28 PM
To: "Witherell, Stacey"
Thank you, will do.
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:29 PM
To: "Witherell, Stacey"
Why, is it required to have my id on your records?
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:30 PM
To: "Witherell, Stacey"
my id is undeniable.
[Quoted text hidden]
Witherell, Stacey Wed, Sep 28, 2011 at 1:31 PM
To: Willy Dog
To ensure correct delivery. We don’t just let anyone come and pick up documents without identification.
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Wednesday, September 28, 2011 1:30 PM
[Quoted text hidden]
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:41 PM
To: "Witherell, Stacey"
Cc: CHERYL.Hall@arkansasag.gov, "Hastings, Terry"
Very well. My correct delivery address should be on file. if not, here it is:
15 Bragg St.
Little Rock, AR 72202
Send certified mail if you like. This should fulfill that requirement, we will stop and
pay you today. If you like, LRPD Lt. Terry Hastings can "ID" me for you as well.
What we won't do is put our "id" on file with a city that we have concerns with OR
allow it to be an obstacle to our lawfully rightful FOIA requests under penalty of
criminal law.
[Quoted text hidden]
Hastings, Terry Wed, Sep 28, 2011 at 1:43 PM
To: Willy Dog
The info she has should have what you need. Let me know if you need anything else.
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Wednesday, September 28, 2011 1:42 PM
To: Witherell, Stacey
Cc: CHERYL.Hall@arkansasag.gov; Hastings, Terry
[Quoted text hidden]
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:46 PM
To: "Hastings, Terry"
Thank you sir for your many years of professionalism as it relates to our lawful
requests.
[Quoted text hidden]
Witherell, Stacey Wed, Sep 28, 2011 at 1:49 PM
To: Willy Dog
Cc: CHERYL.Hall@arkansasag.gov, "Hastings, Terry"
I am not sure what all of this is about, however, before I release these documents we will ensure that we are
releasing the documents to the correct person. I have no idea of what you mean to put your ID on file. We don’t
scan, keep it, copy it, etc. The name has to match the name of the person who made the request. It is that
simple. I am not going to mail the documents because that is a cost to the city and therefore I don’t think I have
to under the Act. If you are aware of something that says I do, please let me know.
Stacey Witherell
From: Willy Dog [mailto:willydog101@gmail.com]
Sent: Wednesday, September 28, 2011 1:42 PM
To: Witherell, Stacey
Cc: CHERYL.Hall@arkansasag.gov; Hastings, Terry
[Quoted text hidden]
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:50 PM
To: "Hastings, Terry"
Cc: CHERYL.Hall@arkansasag.gov, "Witherell, Stacey"
Thank you sir for your many years of professionalism as it relates to our lawful requests.
On Wed, Sep 28, 2011 at 1:43 PM, Hastings, Terry
wrote:
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:57 PM
To: "Witherell, Stacey"
I will cover your mailing costs. It is a matter of principle, my experiences with the
moral fairness of this city is well known. I am also a public figure with my own
corruption blogsite syndicate world-wide, with my picture on it.
http://corruptionsucks.blogspot.com. As I said, I will come down personally and
cover any and all of your lawfully charged compliance fees PRIOR to you sending
my request. My ID can easily be verified without me being compelled to submit my
"papers" to you. That is the big deal maam.
When this city starts treating me, my tribe and business like they do the rest of
their friends, that's when this won't be a big deal. We are not making these
requests to be frivolous, I assure you.
requests to be frivolous, I assure you.
[Quoted text hidden]
Willy Dog Wed, Sep 28, 2011 at 1:57 PM
To: CHERYL.Hall@arkansasag.gov, "Hastings, Terry"
---------- Forwarded message ----------
From: Willy Dog
Date: Wed, Sep 28, 2011 at 1:57 PM
Subject: Re: FW: FOIA Req.
[Quoted text hidden]

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