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This profile was last updated on 11/5/04  and contains information from public web pages.

Employment History

  • Attorney
    Fort Smith
  • City Attorney
18 Total References
Web References :: Northwest Arkansas' News Source, 5 Nov 2004 [cached]
"The city is disappointed with the result," said Jerry Canfield, an attorney for Fort Smith.
Harding was acting on longstanding legal advice that meeting individually with board members did not fall under the Freedom of Information Act because a conversation between two people isn't commonly considered a "meeting," Canfield said.
"That's the advice that we had given to the city since the adoption of the Freedom of Information Act," Canfield said."It's a common practice, it's a common practice by school boards and other governing bodies."
Canfield added: "The common, ordinary meaning of the word meeting requires more than a conversation with one member of the board."
It is also a practice that must be discontinued under Thursday's opinion, Canfield said."This opinion makes it very clear that under the facts of this case that it was a violation of the Freedom of Information Act and it shouldn't be done again," Canfield said.
Canfield said an injunction against the city is unnecessary because "the city has shown no intention of violating the [Freedom of Information Act] and certainly has no intention to do in the future."
A second legal opinion on a ... [cached]
A second legal opinion on a 2009 water payment dispute between Fort Smith and Van Buren concurred with the opinion given by Fort Smith attorney Jerry Canfield: Fort Smith does not have the legal power to force Van Buren to pay a 2009 "true up" of $253,000.
City Attorney Jerry Canfield ..., 13 Feb 2013 [cached]
City Attorney Jerry Canfield said the proposed ordinance would not block residents' from pursuing Benton Harbor, Mich.-based Whirlpool for compensation.
Press Argus-Courier, 21 July 2004 [cached]
Fort Smith attorney Jerry Canfield argued the agreement stipulated directors' approval.
"We said it was subject to approval of the board of directors.The governing body retains the right to settle," he said.
The legislature has refused to provide ..., 30 Nov 2012 [cached]
The legislature has refused to provide a definition, requiring the state's courts to determine whether a particular activity constituted a public meeting, which creates uncertainty, said city attorney Jerry Canfield.
"The absence of legislation about the definition of a meeting has created a situation of vagueness because officials don't know when a meeting occurs," he said.
Brian Brooks, who represents local attorney Joey McCutchen, argued that the officials' actions should be considered a public meeting in violation of the open meetings portion of Arkansas' FOIA, but Canfield said the official was just passing out public information before an open meeting, and discussions weren't necessarily about the proposed law.
Canfield argued that the proper course for the court was to declare the law unconstitutional, prompting the legislature to act.
Additionally, Canfield argued that the criminal provision of the statute violates the First Amendment in that the criminal provisions of the law impose an unconstitutional burden on city officials' free speech rights.
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