DHA conducts meeting behind locked door

n Decatur Housing Authority board locks door during public meeting, then calls executive session to deal with personnel policy.

DECATUR -- One by one, board members were admitted to the Aug. 28 meeting of the Decatur Housing Authority, but the door remained locked to the public at the Decatur Housing Authority office on north Main Street throughout the meeting.

When 6 p.m. -- the published meeting time -- came, board members had been allowed inside, but the door remained locked.

Fifteen minutes later, Weston unlocked the door and allowed this reporter to enter but re-locked the door after he entered the meeting room.

When 30 minutes had elapsed, there was a knock at the door. Weston looked but returned her attention to the meeting. A minute later, board member Stacy Brooks got up to open the door, allowing two tenants from the Second Street apartments to enter the room. Brooks greeted the tenants and the board resumed the meeting.

The door remained locked throughout the meeting until the board took a break before going into executive session. The door was re-locked as the board went into an extended closed session.

Arkansas Code 25-19-106, the Arkansas Freedom of Information Act, states: "Except as otherwise specifically provided by law, all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas, except grand juries, supported wholly or in part by public funds or expending public funds, shall be public meetings."

Violation of the Arkansas law carries with it penalties -- even if done in negligence: "Any person who negligently violates any of the provisions of this chapter shall be guilty of a Class C misdemeanor" (§ 25-19-104).

In the city of Decatur, other meetings -- the city council, school board, city planning, and parks and recreation meetings -- are always open and the doors never locked. The public is invited and encouraged to attend.

Weston said Tuesday that she provides a meal for the board members -- "out of her own pocket and not with DHA funds" -- before the meeting and locks the door during the meal, which usually begins at 5:30 p.m., because there is not enough food to feed the public.

She also said she keeps the office door locked during the meetings because residents will come after hours and want to pay their rent or request repairs to a toilet rather than putting in a repair request in the drop box when it is after hours.

Weston confirmed that the door was locked during the meeting and that she did open the door for the Eagle Observer reporter after the meeting began.

She also said residents knocked later in the meeting and she continued with the meeting and let Stacy Brooks get the door and allow tenants to enter.

John Tull, an attorney who specializes in Freedom of Information Act law in Arkansas, said, "When all the board members are present, whether it be for a meeting or a meal, it is a public meeting and the doors cannot be locked."

Tull suggested the board might want to consider meeting in another place or posting a sign on the door during public meetings to prevent interruptions.

During a part of the meeting this reporter was permitted to attend, a question was raised by board member Kenneth Setser concerning the purchase and use of the pickup truck and lawn mower listed on the third page of the budget revisions.

The truck and lawn mower were purchased under the Housing and Urban Development procurement policy at a combined cost of more than $5,000.

Setser objected to the purchase and inquired about the operation of the vehicle and expenditures on the tags and insurance.

Weston stood up, leaned over the table to Setser and said, "I'll take care of it."

She said both items were needed to take care of the grounds at the Second Street apartments and that it was her responsibility for their operations. Further discussion of the question ceased and the board move swiftly through the remaining budget items.

On Tuesday, Weston said the board had received bids on the mower and that the equipment was needed to care for the apartments' lawns. She said she expected the mower to last the housing authority about 10 years.

Following the consideration of budget items on Aug. 28, the board moved into executive session with the stated purpose being to discuss personnel policy, particularly the job description of the executive director.

Weston confirmed on Tuesday that the board did go into executive session to discuss personnel policy and the job description for her position. She said she was not included in that session.

Arkansas Code 25-19-106 (c)(1) which governs the use of executive sessions states: "Executive sessions will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee. The specific purpose of the executive session shall be announced in public before going into executive session."

Weston said the executive session lasted until approximately 10:30 p.m. When board members returned to the meeting, they adjourned, with no further action taken.

The meeting was attended by Weston and board members Carl Florer, Stacy Brooks, Paula McGehee, Kenneth Setser and Fred Thompson. according to Weston.

General News on 09/03/2014