HomeMy WebLinkAbout15827 1 RESOLUTION NO. 15,827
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3 A RESOLUTION TO AUTHORIZE A SETTLEMENT IN THE CITY
4 LITIGATION STYLED MATTHEW CAMPBELL V. CITY OF LITTLE
5 ROCK, NO. 60CV-22-6620, PULASKI CIRCUIT COURT FOR AN
6 AMOUNT NOT TO EXCEED EIGHT THOUSAND, SIX HUNDRED
7 DOLLARS ($8,600.00); AND FOR OTHER PURPOSES.
8
9 WHEREAS, a lawsuit was filed against the City which alleged the denial of rights pursuant to the
10 Arkansas Freedom of Information Act("AFOIOA")because of the failure to provide at least thirteen(13)
11 different sets of records pursuant to legitimate requests; and,
12 WHEREAS, this lawsuit — Matthew Campbell v. City of Little Rock, No. 60-CV-22-6620, Pulaski
13 Circuit Court, 16`h Division ("the Litigation") —was considered by Judge Morgan "Chip" Welch,and the
14 City was found to be in violation of the AFOIA; and,
15 WHEREAS,the City noted that there had been serious efforts to bring the City into compliance with
16 the AFOIA since August 9, 2022, when oversight of AFOIA issues were transferred to the Office of the
17 City Attorney; and,
18 WHEREAS, notwithstanding these efforts, the City was not in compliance, did not come into
19 compliance under the week of November 7-10,2022,and therefore was subject to costs and attorney's fees
20 pursuant to the AFOIA; and,
21 ' WHEREAS, a Citation for Contempt of Court had been filed in this litigation to address whether the
22 ity's response to one AFOIA request, which included several redactions, was in compliance with the
23 Statute;and,
24 WHEREAS,in an effort to resolve this matter completely,to end this particular litigation,and to permit
25 the City to complete responses to pending AFOIA requests, the parties have agreed upon the terms of a
26 settlement of this litigation.
27 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
28 OF LITTLE ROCK,ARKANSAS:
29 Section 1. The City Attorney is authorized to settle the Litigation with the payment of a sum of Eight
30 Thousand, Six Hundred Dollars($8,600.00)to Matthew Campbell, pursuant to the following conditions:
31 (a) All issues involved, or that could be involved, in the Litigation will be deemed resolved; and,
32 (b) Among the allegations made in the Litigation, issues that relate to the production of records
33 involved with LitFEST that are a part of the Litigation are finally resolved;and,
34 (c) A judgment of dismissal with prejudice because of this settlement is entered into the records
35 of the Court; and,
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1 (d) These steps are completed by November 23,2022.
2 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
3 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
4 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
5 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
6 resolution.
7 Section 3. Repealer. All laws, ordinances, resolutions,or parts of the same that are inconsistent with
8 the provisions of this resolution are hereby repealed to the extent of such inconsistency.
9 ADOPTED: November 15,2022
10T. APPROVED:
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13 Susi . 1 ••y,City Clerk Frank Scott,Jr. a or
14 AP' ' 1 , AS TO LEGAL FORM:
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17 Thomas M.Carpenter,City Atte ney
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