MEMPHIS, Tenn. — A lawsuit against The West Memphis School District has been settled, according to the attorneys for the residents who filed the suit. The lawsuit claimed the district violated Freedom of Information Act (FOIA) laws when it hired a new superintendent after firing the previous leader.
Former West Memphis School District Superintendent Richard Atwill was fired in mid-April 2023, after just under a year on the job following the resignation of former Superintendent Jon Collins. Willie Rhodes was named interim superintendent after the board voted to pay out Atwill’s three-year contract with a $350,000 severance package.
May 31, WMSD announced Dr. Terrence A. Brown was selected from four finalists for the position. He took over on July 1.
According to the settlement documentation, WSMD admitted to violating FOIA by not providing notice to the public or media about interviews with four superintendent candidates on/about May 23 and 24, 2023. FOIA requires the district notify media at least two hours before a specially called meeting so that the public can have representatives there.
The district also admitted to not recording the special meetings and making them available for at least one year, which is required by Arkansas code.
The lawsuit asked the court to declare the interviews “illegal meetings under FOIA” and prevent the school district from “conducting public business in secret in the future.”
WSMD was ordered to pay plaintiff’s costs and attorney fees, totaling about $1,500.
“There was to be complete lack of transparency by several board members beginning with the termination of Dr. Richard Atwill, the payment of $350,000 of taxpayer money, and concluding with the secret hiring of the new replacement Superintendent Terrence Brown, attorney Joey McCutchen said.