Lawsuit Against City of Ft Smith re FOIA Violations

Secure Arkansas is sending out this press release from Joey McCutchen because their firm has filed a lawsuit against the City of Fort Smith. It’s good to be aware of what is occurring in our cities and towns around the state. The Fort Smith Board of Directors needs to look into the red flags Joey has raised, and once again, we are calling for more transparency.

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PRESS RELEASE

Joey McCutchen

479-806-4878

See attached Complaint.

Today [May 2, 2025], Fort Smith attorneys Joey McCutchen and Stephen Napurano filed a lawsuit in Sebastian County Circuit Court against the City of Fort Smith and Acting City Administrator Jeff Dingman for multiple violations of the Arkansas Freedom of Information Act (FOIA). The Complaint stems from that the City’s failure to produce public records related to the hiring of Rebecca Cowan as internal auditor.

As you may recall, on April 22, 2025, the Fort Smith Board of Directors unanimously approved Cowan’s appointment as internal auditor at a salary of $110,000. Shortly after, it was revealed that Cowan was facing a pending felony stalking charge in LeFlore County, Oklahoma. This information had not been disclosed to the Board prior to the vote. In response, the Board held a special meeting and voted unanimously to rescind the offer.

What followed after raised several red flags. The City publicly told Talk Business & Politics that Human Resources had completed a background check on Cowan and relayed it to Administration. Mr. Dingman repeated that same claim in an email to McCutchen—saying he had received a hard copy of the background check but no longer had it. 

To uncover what actually happened during the hiring process, McCutchen filed a FOIA request seeking records related to the internal auditor position. The City and Mr. Dingman failed to respond to the request in a timely manner and did not provide all the requested records. Among the records withheld was an email exchange between Mr. Dingman and Board Member Christina Catsavis, in which Ms. Catsavis asked whether a background check had been done. Dingman told Catsavis that he did not believe one had been performed. That email was never produced by the City and was only uncovered thanks to Director Catsavis, who forwarded it to McCutchen. If a background check was in fact performed—as the City has claimed—then Mr. Dingman and the City destroyed a public record, denying the public the opportunity to review a document that should have been available under FOIA.

McCutchen stated, “The City is talking out of both sides of its mouth. The City and Mr. Dingman claimed to both the media and myself that a background check was done—but that it had somehow gone missing. Mr. Dingman then told a Board member that a background check wasn’t performed. The City either did a background check or it didn’t—but it certainly knows the answer. What’s even more concerning is that when I filed a FOIA request to get answers, the City not only dragged its feet—it failed to turn over an email that directly contradicts what the City told the public.

McCutchen added, “The Board of  Directors needs to immediately investigate this matter. The board needs to find out the motivation behind these administrative actions. The public deserves truthful and transparent answers regarding our public business. There need to be swift consequences.”

Joey McCutchen

Trial Lawyer

“Protect the 7th Amendment; it’s the one that protects all the rest.”

McCutchen Napurano – The Law Firm
P.O. Box 1971, 1622 North B Street
Fort Smith, AR 72901

Office: (479) 783-0036    Fax: (479) 783-5168

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