Article in Times Record re: Mexican Consulate battle

 

 

http://www.swtimes.com/articles/2007/04/25/news/news06.txt

 

 

Immigration Foe Says FOI Request
Denied
Wednesday, April 25, 2007 10:45 AM CDT
By Wanda Freeman

TIMES RECORD • WFREEMAN@SWTIMES.COM

A local illegal immigration opponent has filed suit in Sebastian County Circuit
Court alleging a state agency and its commissioner failed to comply with a
Freedom of Information Act request for documents about the Mexican consulate
opening in Little Rock today.

Joe McCutchen, who has in the past participated in the Minuteman Project
guarding the U.S.-Mexico border, filed suit Monday against Arkansas
Rehabilitation Services and Robert P. Trevino in his official capacity as
commissioner of the Arkansas Department of Workforce Education.

According to his complaint, filed by attorney Sam Sexton III, McCutchen is
appealing a denial of rights he said occurred after he requested on March 14
that Trevino provide him with copies of all e-mails and correspondence relating
to “the Mexican Consulate, the Mexican government, any official of the Mexican
government or funding of a Mexican consulate or Mexican governmental office”
anywhere in the state that was sent to or from Trevino or anyone employed by
Arkansas Rehabilitation Services.

McCutchen specifically requested an “unredacted version of an e-mail previously
supplied,” and alternatively requested that he be given access to the records
to inspect and copy them himself.

The complaint states that Trevino
responded with a letter asking him to specifically identify the previously
supplied e-mail.

“In reality, Mr. Trevino knew the specific e-mail that was being requested,
because he had previously met in person with the plaintiff … and supplied a
redacted version of the e-mail,” the complaint states.

Nonetheless, McCutchen on March 27 identified the documents he requested — a
July 21, 2006, e-mail from Trevino to Alice Stewart and an Aug. 8, 2006, e-mail
from Trevino to Brenda Turner.

McCutchen’s complaint includes a copy of the e-mails he said were redacted.
Stewart and Turner worked for former Gov. Mike Huckabee at the time.

The July 21 item has several blacked-out portions.

Under the header “Consulate Contract,” a person whose name is blacked out is
said to have entered into an agreement with Mexico’s government and someone
whose name is blacked out “has arranged to purchase the site of the consulate
on a 20-year note.”

The estimated monthly cost of the note is also blacked out.

McCutchen states in his complaint that Trevino responded to his more-specific
request with a letter April 6 stating that he was out of the office because of
the death of his father and that he would try to locate the e-mails upon his
return to work around April 13.

With the passage of more than 10 days since Trevino’s expected return and
almost six weeks since the original FOI request, McCutchen states that the
defendants have “willfully failed to comply with the requirements of the
Freedom of Information Act.”

McCutchen requests that the court set a hearing within seven days and order the
defendants to produce the requested information.

He also seeks an assessment of his costs and attorney fees against the
defendants.

 

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