Fort Smith residents may see a court‑ordered review of how the city selects members of its Future Fort Smith Committee after a lawsuit was filed Thursday alleging violations of the Arkansas Freedom of Information Act (FOIA). Attorney Joey McCutchen of McCutchen Napurano announced that resident William “Eric” Weidman has sued the city, asserting that the Board of Directors deliberated over two at‑large committee appointments behind closed doors on Oct. 20, preventing public observation of the decision‑making process.
Weidman, described in the filing as a government‑transparency advocate who regularly livestreams local meetings, applied for one of the at‑large positions but was not selected. The lawsuit, filed in Sebastian County Circuit Court, seeks a declaration that the closed‑session discussion violated FOIA, the invalidation of the two appointments, and an order requiring the Board to reconsider the positions at a properly noticed public meeting with open deliberations and a public vote. It also requests an injunction against future closed‑session appointments, an expedited hearing, and recoverable attorney’s fees and costs.
According to the release, the Board ultimately appointed Christopher Reese and Abigail Wagoner to the vacant at‑large seats. The Future Fort Smith Committee’s duties are limited to reviewing progress on the city’s comprehensive plan, providing feedback, assisting with an implementation scorecard, and working with neighborhood groups—functions that do not involve enacting policy, approving expenditures, or entering binding contracts.
McCutchen cited a former Attorney General opinion by Jim Guy Tucker, which concluded that appointments to advisory committees whose members exercise no sovereign power do not fall under FOIA’s personnel exception for executive‑session deliberations. The complaint argues that the same reasoning applies to the two at‑large advisory positions, which are neither public offices nor city employment.
City officials have not commented on the lawsuit. Director of communications Josh Buchfink said the city had only recently received the press release and had not yet been formally served, adding that it would be premature to comment on the matter or its legal implications.
The filing comes after two FOIA lawsuits against Fort Smith last year. In August 2025 the city settled a case over documents related to water supply for a proposed prison site in Franklin County, and in June 2025 the city and Acting City Administrator Jeff Dingman were ordered to pay attorney fees after a court found they had violated the state’s FOIA.
What’s next: The complaint asks the court for an expedited hearing and seeks an injunction to prevent future closed‑session deliberations on advisory appointments. If the court grants the requested relief, the Board of Directors would have to reconvene the appointment process in an open session, giving Fort Smith residents a transparent view of how their citizen advisers are chosen.
Sources: rivervalleydemocratgazette.com
