Mayor Scott, You Should Send Your City Attorney a Note on Transparency

Today, Little Rock Mayor Frank Scott, Jr. sent an email to constituents announcing that he's setting up an independent review to investigate the Little Rock Police Department, given the ongoing parade of horribles coming from his handpicked Commissioner.  

The most recent allegation is that the Commissioner bullied senior officers who wouldn't back the Commissioner's vendetta against Police Officer Charles Starks.  (Nevermind that the Mayor seems to have been fueling the Commissioner's run-away-train "management" style when it came to the Starks affair.)

In his email, the Mayor -- who says he's consulted with the City Attorney, Tom Carpenter, in deciding to set up his independent review -- announced:  "Since taking office, we have been committed to our ACT Plan – remaining Accountable, Clear, and Transparent as we govern."  Wait, what?  Transparent?  Have you been reading Arkansas Impact: Law & Politics?

Mayor Scott, you are aware that Tom Carpenter defended the City's refusal to allow Ben Motal to copy a public police report by taking a photograph using his cell phone?  Is that transparent?

Mayor Scott, you are aware that Tom Carpenter argued that a citizen is only allowed to do one of the following:  inspect, or copy, or receive a government record but not the remaining two?  Thus, for example, if a citizen inspects a public record, then he can't copy it or receive it -- according to Carpenter.  Say what?  What happens if a citizen receives a copy of a public record and then inspects that copy?  I guess -- according to Carpenter -- the citizen has violated the law.

Mayor Scott, you are aware that (1) the Court of Appeals, in an excellent opinion written by Judge Kenneth Hixson, which cites to my co-authored book on the FOIA, rejected Tom Carpenter's arguments, and (2) Tom Carpenter says he intends to appeal the the Court of Appeals' decision, wasting even more tax payer dollars, while simultaneously pursuing an anti-transparency agenda?  

Mayor Scott, if you want to pursue your "ACT Plan" of remaining Accountable, Clear, and Transparent, you might want to alert your City attorney.  I'm not sure he got the message.