LITTLE ROCK, Ark. – A spokesperson for the Arkansas Board of Corrections said members voted Monday in favor of accepting a settlement offer proffered by the Attorney General’s office.
The narrow 4-3 vote was in favor of settling two lawsuits filed against the board, alleging violations of the state’s Freedom of Information Act. The first was a minor meeting between then-chairman Benny Magness and board member Lee Member to discuss possible litigation.
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The second settlement would undermine the board’s ability to act as an independent body, placing it under the control of the governor’s office. That suit alleges that the board met in executive session to discuss then-Secretary Joe Profiri’s job performance, which is consistent with the law, but then continued discussing matters that should have been addressed in public, as they were not personnel issues.
Part of the settlement requires the board “to agree that Acts 185 and 659 of 2023 are constitutional,” adding that this would occur only if the Arkansas Supreme Court lifts an earlier injunction preventing these two laws from taking effect. These two acts were part of Gov. Sarah Huckabee Sanders’ 2023 criminal justice push and would put the board under the governor’s office.
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The settlement continues that, in making the agreement, the board acknowledges the two acts do not violate Amendment 33 to the state constitution, which mandates that it be independent. A Pulaski County Circuit Court ruling held that the two acts should not go into effect because they violated Amendment 33…