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Arkansas Governor Sanders' office denies FOIA request related to Board of Corrections

Gov. Sanders' legal counsel cited parts of the law that made the Governor's office exempt from FOIA.
Credit: CBS
Governor Sanders speaks at RNC

LITTLE ROCK, Ark. — On Nov. 11, legal counsel representing Arkansas Governor Sarah Huckabee Sanders denied a Freedom of Information Act (FOIA) request for emails between her office and the state Board of Corrections (BOC), following the announcement of plans to build a prison in Franklin County.

The prison, first announced publicly by Gov. Sanders on local radio station 92.7 KDYN on Oct. 31, is described as an effort to offer "hundreds of permanent, recession-proof jobs and millions of dollars in investment" to the people of Franklin County, but many of the people aren't so pleased.

Franklin County officials and residents alike have voiced concerns over not just the plan itself— but the way it was brought forth by the state. In a Facebook post the day of the announcement, Charleston Mayor Mike Baumgartner said he found out about the prison alongside residents.

The Arkansas Board of Corrections voted to approve the purchase of land for the new state prison on Friday, Nov. 8, despite uproar from residents against the project.

On Nov. 7, 5NEWS sent a Freedom of Information Act (FOIA) request to Gov. Sanders' office, asking for any emails between her office and the BOC over the past six months. 

That request was denied by Sanders' Chief Legal Counsel Cortney Kennedy, who cited parts of the law that exempt the Governor's office from FOIA.

The governor's office informed 5NEWS that the emails we requested fall under exemptions listed in the Arkansas Code, specifically section A.C.A. § 25-19-105. This section outlines categories of documents that are not accessible to the public under FOIA. 

The governor's office cited exemptions covering "unpublished memoranda, working papers, and correspondence of the Governor," which allows certain internal communications to remain confidential. This exemption is part of a broader list of records that state officials can withhold sensitive information and internal processes.

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