IN THE CIRCUIT COURT OF CRAIGHEAD COUNTY, ARKANSAS
WESTERN DISTRICT
CIVIL DIVISION
DARRELL COOK
v.
PLAINTIFF
NO. 16JCV-21-1282
CRAIGHEAD COUNTY JONESBORO
PUBLIC LIBRARY
DEFENDANT
AGREED ORDER
On this date this cause was submitted to the Court. Plaintiff Darrell Cook appeared by and
through her attorneys, Joey McCutchen and Stephen Napurano, and Defendant Craighead County
Jonesboro Public Library Board (Library) appeared by and through its attorney, Rebecca Worsham.
From the pleadings, the agreement of the parties, and the stipulations of counsel, the Court does hereby
find and order as follows:
1.
Defendant admits that the Library violated FOIA by not timely providing Plaintiff with
the Library’s bank statements in the format requested by Plaintiff as required by the Arkansas Freedom
of Information Act.
2.
Defendant admits that the Library violated FOIA by not timely providing Plaintiff with
copies of unredacted copies of canceled checks to Consuelo’s Cleaning Services.
3.
Defendant admits that the Library violated FOIA by not timely providing Plaintiff with
copies of records that show the gross amounts paid to Library employees in response to Plaintiff’s request
for payroll summary reports for 2018, 2019, 2020, Jan-Oct. 31, 2021.
On December 16, 2021, Defendant’s counsel sent the following records to Plaintiff’s
4.
counsel:
•
•
•
5.
Iberia Bank Credit Card Statements
o January – November 2021
o August – December 2020
o Statements dated January 2019-July 2020 have been ordered from Iberia
Bank. Defendant will provide those records to Plaintiff within one
business day of receipt.
2018, 2019, 2020, 2021 Library Budgets to show the gross pay amounts paid to
library employees.
Copies of unredacted checks paid to Consuelo’s Cleaning Services.
The Defendant has agreed to provide Plaintiff with reports, i.e. payroll summaries, from
their accounting software that summarize the payroll by employee for each period requested by Plaintiff.
Plaintiff has agreed to sign this Agreed Order with the understanding that the Defendants will promptly
produce these payroll summaries.
6.
The Court hereby enjoins Defendant from violating the open-records provisions of the
Freedom of Information Act by not timely and fully producing records requested by Citizens of the State
of Arkansas as required by the Arkansas Freedom Information Act.
7.
That the Craighead County Jonesboro Public Library Board previously agreed to
violating FOIA by not giving the statutory two-hour notice prior to a called subcommittee meeting on
October 6, 2021, as required by the Arkansas Freedom of Information Act. That pursuant to an Agreed
Order entered on November 10, 2021, the Library Board was enjoined from holding future special
meetings without notifying the media in violation of FOIA. The Library Board was also instructed by
the Court to receive a two-hour training in the requirements of the open-meetings provisions of the
Freedom of Information Act.
8.
The Library employees in charge of handling FOIA requests will now receive an
additional two-hour training in the requirements of the Freedom of Information Act as it relates to public
records. The training shall be completed prior to February 1, 2022.
9.
Defendant will pay the court costs of this action and reasonable attorney’s fees as
determined by the Court. Plaintiff shall have 14 days from the entry of this order within which to submit
an application for attorney’s fees. Defendant shall have 7 days to respond to an application that is made
for attorney’s fees.
IT IS SO ORDERED.
____________________________________
CIRCUIT JUDGE
DATE: December _____ , 2021