Freedom of Information request: DENIED

Several have asked for my opinion on today's article in The Daily Citizen regarding the A&P Commission's refusal to provide documents to The Daily Citizen requested under the Freedom of Information Act.  The paper requested "documents reporting the gross tax receipts and Advertising and Promotions (A&P) tax returns for Searcy businesses complying with the A&P tax as well as summaries of those receipts and returns."

The city clerk, Miss Margaret Meads, oversees these documents but has delayed their release because this would allow businesses to see the gross receipts of their competitors.  She is awaiting an opinion from city attorney Buck Gibson before she takes any action.

My response:  I can see how the release of these documents could be detrimental to local businesses and I truly regret that, but the city council and their creation of the A&P Commission have put us in this position.  These are the kinds of ethical dilemmas that A&P Commissions and A&P taxes create.

We should never have to choose between the rule of law and fair competition.  However, that is where the mayor, the council, and the commission have placed us. 

I would urge Mrs. Meads to release the documents in accordance with the Freedom of Information Act.  I understand her hesitation, but the law must be followed, no matter what opinion the city attorney releases. 

It is not the city clerk's job to ensure competition, but it is her job to follow the law.  Ensuring fair competition is the job of the council and they have failed local businesses miserably.