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.