IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION

Similar documents
IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION

IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS CIVIL DIVISION. v. CASE NO.: COMPLAINT

COMPLAINT NATURE OF THE ACTION PARTIES

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION. No. CV MARK MARTIN, SECRETARY OF THE STATE OF ARKANSAS

IN THE CIRCUIT COURT OF FAULKNER COUNTY, ARKANSAS DIVISION ONE

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS COMPLAINT. Plaintiff Michael Landers, by and through his attorneys, for his

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY NAME]

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

Case 5:15-cv RWS Document 1 Filed 07/14/15 Page 1 of 12 PageID #: 1

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS CIVIL DIVISION CITY OF LITTLE ROCK, ARKANSAS

ThSTS. hereby state and allege. bring this action under the Fair Labor Standards Act, 29 U.S.C.

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS. v. Case No. CLASS ACTION COMPLAINT

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS. v. Case No. CLASS ACTION COMPLAINT

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS FIFTH DIVISION COMMITTEE TO RESTORE ARKANSANS RIGHTS

Case 1:18-cv Document 1 Filed 02/08/18 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:17-cv RC Document 8 Filed 09/25/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS

Case 1:14-cv KMW Document 24 Entered on FLSD Docket 04/10/2015 Page 1 of 9

Case 1:17-cv TSC Document 13 Filed 09/08/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS CITY OF LITTLE ROCK, ARKANSAS COMPLAINT FOR DECLARATORY JUDGMENT

Case 3:07-cv SI Document 25 Filed 11/26/2007 Page 1 of 7

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. EDWARD TUFFLY, AKA Bud Tuffly, Plaintiff-Appellant,

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. v. No. 1:18-cv- COMPLAINT COLLECTIVE ACTION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

10/30/2017 7:04 PM 17CV47399 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) PARTIES

Case 3:07-cv SI Document Filed 11/26/2007 Page 1 of 7

Virginia Freedom of Information Act ( VFOIA ) Complaint Template

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF WASHINGTON COUNTY. FAYETTEVILLE SCHOOL DISTRICT NO. 1, OF WASHINGTON COUNTY, ARKANSAS and VICKI THOMAS

April 27, Dear Irvin Muchnick:

Case 2:08-cv CW-DBP Document 7 Filed 11/11/08 Page 1 of 14

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION

Case 4:18-cv KGB-DB-BSM Document 14 Filed 03/02/18 Page 1 of 6 FILED

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION COMPLAINT. COMES NOW the Plaintiff, Patrick Hardy, by and through his attorney, Joshua D.

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION CASE NO. 60CV

BEFORE THE ARKANSAS COMMISSION ON POLLUTION CONTROL AND ECOLOGY MOTION TO CONTINUE PRELIMINARY HEARING

PROCESSING FOIA REQUESTS

COMMONWEALTH OF KENTUCKY FAYETTE CIRCUIT COURT CIVIL BRANCH DIVISION 8 CASE NO. 16-CI-3229 RESPONSE TO THE ATTORNEY GENERAL S MOTION TO INTERVENE

Case 3:14-cv L Document 1 Filed 06/18/14 Page 1 of 6 PageID 1

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION. STATE OF ARKANSAS ex rel. DUSTIN McDANIEL, ATTORNEY GENERAL. v. Case No.

IN THE ARKANSAS SUPREME COURT. JIM KNIGHT, in his individual capacity and on behalf of CITIZENS FOR LOCAL CHOICE

Case 0:12-cv WJZ Document 97 Entered on FLSD Docket 11/27/2017 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE CIRCUIT COURT OF COUNTY, ARKANSAS DIVISION PLAINTIFF DEFENDANT S FIRST INTERROGATORIES TO PLAINTIFF

Case 1:18-cv Document 1 Filed 08/07/18 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) )

Plaintiffs-Appellants, Docket Nos (L), 445(Con) DECLARATION OF SARAH S. NORMAND. SARAH S. NORMAND, pursuant to 28 U.S.C. ' 1746, declares as

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION COMPLAINT FOR DECLARATORY JUDGMENT

STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY

Case 4:18-cv KGB Document 26 Filed 04/09/18 Page 1 of 5

California Public Records Act. Marco A. Gonzalez March 18, 2015

Case 4:82 cv DPM Document 4737 Filed 04/30/12 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

COMPLAINT (With Application for Show Cause Order)

Plaintiff Frank Ponce, by and through his undersigned counsel Law Offices of

Case 1:18-cv Document 1 Filed 07/05/18 Page 1 of 5 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Case No.

Case 4:18-cv KGB-DB-BSM Document 38 Filed 06/14/18 Page 1 of 9

: SUPERIOR COURT OF NEW JERSEY

RULES OF PRACTICE AND PROCEDURE (Effective December 29, 2015 )

APPEALS, LITIGATION and WORKING WITH THE GENERAL COUNSEL

ARKANSANS'RIGHTS. 60cv LESLIE RUTLEDGE, In her official capacity as Attorney Genera! for the State of Arkansas MEMORANDUM ORDER

CIVIL ACTION. Defendant Jeff Carter, by and through his counsel Law Offices of Walter M. Luers, by

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE CIRCUIT COURT OF GARLAND COUNTY, ARKANSAS FIRST DIVISION

Case 4:12-cv JMM Document 1 Filed 02/27/12 Page 1 of 13

Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA

STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAI ) ) ) ) ) ) ) ) ) Case No. CV

Case 1:16-bk NWW Doc 336 Filed 03/24/16 Entered 03/24/16 12:28:00 Desc Main Document Page 1 of 6

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G JOHN HARRIS, EMPLOYEE DOLLAR TREE STORES, INC., EMPLOYER

Case 3:10-cv P-BN Document 76 Filed 07/27/11 Page 1 of 11 PageID 995

IN UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA

Case: 1:18-cv Document #: 1 Filed: 07/17/18 Page 1 of 6 PageID #:1

STATE OF MINNESOTA DISTRICT COURT SECOND JUDICIAL DISTRICT COUNTY OF RAMSEY. Case Type: Civil/Other. Andrew Cilek and Minnesota Voters Alliance,

RULES OF PROCEDURE FOR CITIZEN COMPLAINTS REGARDING VIOLATIONS OF STATE ELECTION AND VOTER REGISTRATION LAWS

Supreme Court of Ohio Clerk of Court - Filed April 02, Case No IN THE SUPREME COURT OF OHIO

Illinois Official Reports

Rights & Responsibilities: The Rights of Requesters and the Responsibilities of Dinwiddie County Under the Virginia Freedom of Information Act

EEOC v. Pacific Airport Services, Inc.,

Case 1:09-cv FM Document 26 Filed 10/13/10 Page 2 of 17 I. Background The relevant facts are undisputed. (See ECF No. 22 ( Times Reply Mem. ) at

SUPREME COURT OF ARKANSAS No. CV

Case 0:18-cv FAM Document 1 Entered on FLSD Docket 03/19/2018 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI

stipulated that each of the above parties shall bear its own costs and fees.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ) ) ) ) ) ) ) ) ) ) ANSWER AND COUNTERCLAIMS

PROCEEDINGS: (IN CHAMBERS) (1) SUPPLEMENTAL SUMMARY JUDGMENT ORDER; AND (2) REQUEST FOR PREPARATION OF FINAL JUDGMENT

Rights & Responsibilities: The Rights of Requesters and the Responsibilities of Town of Victoria Under the Virginia Freedom of Information Act

CAUSE NUMBER PLAINTIFF S FIRST AMENDED ORIGNAL PETITION AND REQUEST FOR DISCOVERY AND REQUEST FOR TEMPORARY RESTRAINING ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

IN THE SUPREME COURT OF ARKANSAS DRIVING ARKANSAS FORWARD LESLIE RUTLEDGE, ATTORNEY GENERAL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. Plaintiff, Defendants. INTRODUCTION

February 9, 2017 By

Case 1:18-cv Document 1 Filed 01/24/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. v. Civil Action No.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO : : : : : : : : : : :

Case 1:11-cv JDB Document 3 Filed 02/17/12 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:14-cv Document 1 Filed 11/12/14 Page 1 of 12

Case 4:18-cv JM Document 1 Filed 04/17/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

Rights & Responsibilities: The Rights of Requesters and the Responsibilities of Richmond County under the Virginia Freedom of Information Act

CAUSE NO. INTERNATIONAL CENTER IN THE DISTRICT COURT OF DEVELOPMENT, IX, LTD., VS DALLAS COUNTY, TEXAS. Defendant JUDICIAL DISTRICT

Case 3:13-cv JJB-SCR Document 27 09/20/13 Page 1 of 10 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Rights & Responsibilities: The Rights of Requesters and the Responsibilities of King & Queen County under the Virginia Freedom of Information Act

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN ) ) ) ) ) ) ) ) ) ) )

Transcription:

ELECTRONICALLY FILED Pulaski County Circuit Court Larry Crane, Circuit/County Clerk 2018-Aug-09 18:58:38 60CV-18-5634 C06D06 : 8 Pages IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION REED BREWER PLAINTIFF vs. Case No. 60CV-18- CINDY GILLESPIE, in her official capacity as Director of ARKANSAS DEPARTMENT OF HUMAN SERVICES DEFENDANT ARKANSAS FREEDOM OF INFORMATION ACT COMPLAINT AND REQUEST FOR IMMEDIATE HEARING COMES NOW Plaintiff Reed Brewer by and through his attorney Chris Burks of Sanford Law Firm, PLLC, and for his Arkansas Freedom of Information Act Complaint and Request for Immediate Hearing against Defendant Cindy Gillespie in her official capacity as Director of the Arkansas Department of Human Services ( DHS ), does hereby state and allege as follows: I. INTRODUCTION Arkansas Attorney General Leslie Rutledge was terminated from her job as an attorney for DHS, but DHS is refusing to release her personnel records and job performance records in violation of longstanding law. There is a compelling public interest in releasing job performance records pertaining to the firing of the State s chief law enforcement officer, who is entrusted with millions of taxpayer dollars. Further, it is not a clearly unwarranted invasion of personal privacy to release personnel records of a public figure who has willingly put her job performance in the public spotlight. Page 1 of 8

II. PARTIES A. Reed Brewer 1. Reed Brewer is an adult citizen and resident of Pulaski County, Arkansas, and a registered voter in Pulaski County, Arkansas. 2. Brewer brings this appeal as a matter of right under Arkansas Code Annotated 25-19-107, as he requested specific public records from DHS, and Defendant actually and constructively denied a portion of the Plaintiff s request, entitling the Plaintiff to a hearing in this court. Ark. Code Ann. 25-19-107(a); see Orsini v. State, 340 Ark. 665, 13 S.W.3d 167 (2000). B. Cindy Gillespie in her capacity as Director of DHS 3. Defendant Cindy Gillespie is the Director of Arkansas DHS, a state agency, tasked with providing, upon proper request, access to public records as defined in Arkansas Code Annotated 25-19-103(5)(a), subject to any exclusions in Arkansas Code Annotated 25-19-105(b) and/or limitations in Arkansas Code Annotated 25-19-105(c). See Ark. Code Ann. 25-19-105(d)(1) to -105(d)(2). 4. A suit against a state employee in her official capacity is not a suit against that person but, rather, a suit against an illegal act undertaken through an employee s office. See George v. Ark. Dep t of Human Servs., 88 Ark. App. 135, 195 S.W.3d 399 (2004). The agency director, in her official capacity, is the properly named party in an appeal from the denial of rights under the AFOIA. See generally Scott v. Smith, 292 Ark. 174, 728 S.W.2d 515 (1987). Page 2 of 8

III. JURISDICTION AND VENUE 5. This is an appeal from a denial of rights under the Arkansas Freedom of Information Act, A.C.A. 25-19-101, et seq. 6. This court has subject-matter jurisdiction pursuant to Arkansas Code Annotated section 25-19-107(a). 7. Venue lies in Pulaski County because the DHS is a state agency, Plaintiff resides in Pulaski County, and the events leading to this lawsuit occurred entirely within Pulaski County. See Ark. Code Ann. 25-19-107(a). IV. BACKGROUND FACTS 8. The preceding paragraphs are incorporated herein as if set forth word for word. 9. Plaintiff filed a Freedom of Information Act request on July 02, 2018, at 1:54 p.m., in which he requested Leslie Rutledge s personnel file from when she was an employee of the agency and communication since she was an employee through current day. See Exhibit 1. 10. On July 5, DHS acknowledged that the request related to personnel information and requested a 5-day extension. See Exhibit 2. 11. Plaintiff did not agree to an extension. 12. On July 25, 2018, DHS requested another extension. See Exhibit 3. Page 3 of 8

13. Only when DHS failed to produce the records after more than two weeks did Plaintiff eventually agree to an extension on the personnel file until July 27, 2018, and email production until August 3, 2018. 14. However, at no time did Plaintiff agree to an extension of the personnel file or job performance records therein beyond past July 27, 2018. Exhibit 3. 15. On July 27, 2018, Plaintiff received the attached 51-page responsive document purporting to be only part of Leslie Rutledge s personnel file from when she was an employee of the agency. Exhibit 4. 16. The remainder of the file was denied due to public interest issues. See Exhibit 5. 17. A mere cursory review of the July 27, 2018, redacted documents show that it is in fact only a partial personnel file that does not include all job performance records and personnel file records. 18. In particular, no emails between Rutledge s supervisors are included beyond the one termination email, no emails directing Rutledge on how to do or not do her job are included, and no emails on how good of a job she is doing are included. 19. Further, this file is the exact same 51-page document released in 2014; however, the 2014 file was admittedly incomplete and Leslie Rutledge Page 4 of 8

claimed at the time that her personnel records had been altered by DHS employees. 1 20. As of the date of this filing, Plaintiff has still not received the personnel file from when she was an employee of the agency and communication since she was an employee through current day as requested and legally entitled to. V. COUNT I: REFUSAL TO PROVIDE PUBLIC RECORDS 21. The preceding paragraphs are incorporated herein as if set forth word for word. 22. Arkansas courts liberally construe the Arkansas Freedom of Information Act to accomplish its broad and laudable purpose that public business be performed in an open and public manner, and courts broadly construe the FOIA in favor of disclosure. See Fox v. Perroni, 358 Ark. 251, 188 S.W.3d 881 (2004). 23. The remaining records requested by Plaintiff are being withheld as personnel records or as employee-evaluation records. 24. Under Ark. Code Ann. 25-19-105(b)(12) personnel records are only exempt from the FOIA to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy. 1 'DNR': DHS made it clear it didn't want to rehire Leslie Rutledge when she left the state agency; https://www.arktimes.com/arkansasblog/archives/2014/09/11/dnr-dhs-made-it-clear-it-didntwant-to-rehire-leslie-rutledge-when-she-left-the-state-agency; Arkansas Times, September 11, 2014. Page 5 of 8

25. Further, Ark.Code Ann. 25-19-105(c)(1) provides that employeeevaluation records are open for public inspection when the evaluation records formed a basis for that adverse employment action to suspend or terminate, and there is a compelling public interest in disclosure. 26. Here, there is a compelling public interest in releasing job performance records about firing the State s chief law enforcement officer who is entrusted with millions of taxpayer dollars. 27. These records of a DHS attorney shed light on how a high-level law enforcement official handled internal government workings and did nor did not comply with the public funds and responsibilities entrusted her. 28. That Leslie Rutledge was terminated likely means there was conduct that could have undermined the public trust, compromised public safety, and was possibly even illegal. There has been much public controversy and interest over her termination. 29. Further, it is not a clearly unwarranted invasion of personal privacy to release personnel records of a public figure who has willingly put her job performance in the public spotlight. The personnel records would shed light on how DHS and Leslie Rutledge operated in private, and would especially show whether important government laws and procedures were or were not followed. 30. Lastly, without an in camera review with counsel for all sides of the withheld personnel file material, it is not entirely clear that the personnel records are of an intimate nature sufficient to give rise to a substantial privacy interest in the first instance. Page 6 of 8

31. If the withheld personnel file material is not sufficiently intimate, then the Court need not consider whether piercing the privacy interest is clearly unwarranted and can order the records disclosed without further analsyis. 32. But even if the Court finds that the withheld records are of an intimate nature sufficient to give rise to a substantial privacy interest, this interest is outweighed by the public s right to know whether important government laws and procedures were followed by an important public official whose essential duty is following and enforcing government laws and procedures. 33. There is no provision of the Freedom of Information Act that allows a custodian of records to pick and choose how to partially comply with a legal request. See generally Daugherty v. Jacksonville Police Department, 2012 Ark. 264 (holding that the FOIA does not give the custodian of records the power to pick and choose which requests it may comply with, nor may a custodian disclose only the records that he deems relevant). 34. Defendant s breach is both the legal and proximate cause of Plaintiff s inability to obtain public records to which he was legally entitled under Arkansas Code Annotated 25-19-105. VII. RELIEF SOUGHT WHEREFORE, based on the foregoing, Plaintiff prays that this Court will: A) Find that Defendant, either in bad faith or negligently, failed to comply with the FOIA with respect to Plaintiff s June 02, 2018, request. B) Order that Defendant fulfill Plaintiff s request as required by state law. Page 7 of 8

C) Issue a modified summons that fixes and assesses a day the petition is to be heard within seven (7) days of the date of this application, and hear and determine the case as required by Arkansas Code Annotated 25-19-107(b). D) grant Plaintiff fees and costs in pursuing this matter; and E) grant all other just and proper relief, whether prayed for specifically herein or not. Respectfully submitted, PLAITNIFF REED BREWER SANFORD LAW FIRM, PLLC One Financial Center 650 South Shackleford, Suite 411 Little Rock, Arkansas 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 By: /s/ Chris Burks Chris Burks Ark Bar No. 2010207 chris@sanfordlawfirm.com Page 8 of 8