HomeMy WebLinkAboutOrdinance 7016Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7016
File Number: 2026-2142
AN ORDINANCE PROVIDING TRANSPARENCY FOR NONDISCLOSURE AGREEMENTS AND TO
DECLARE AN EMERGENCY
WHEREAS, the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101 et seq., declares that public
business should be conducted in an open and public manner; and
WHEREAS, the Fayetteville City Council finds that transparency and public confidence are best served when city
officials, employees, contractors, and representatives understand that no agreement may supersede the requirements of
the Arkansas Freedom of Information Act; and
WHEREAS, approvals of non-disclosure agreements should be rare and every non-disclosure agreement should
automatically terminate upon the non-disclosure agreement requestor’s application for any city permit, license, or other
city document or upon the requestor’s public disclosure of the project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: The City Council of the City of Fayetteville, Arkansas herby determines that the City of Fayetteville may
only enter into non-disclosure agreements (NDAs) after receiving written approval from both the Mayor and the City
Attorney, which may be granted electronically.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that upon receipt of a request
to enter into a non-disclosure agreement, staff will schedule a meeting with the Mayor and City Attorney to review the
agreement. The City Attorney will review the proposed NDA and ensure it is in proper form and that it does not violate
local or state laws. Pursuant to City Policy AD-02, the Mayor will review the proposed NDA and ensure the related
project is consistent with the goals of the city and in the best interest of the public. The Mayor and City Attorney will
provide written documentation stating whether the NDA may be signed, and which employee may sign it. This
documentation may be provided in hard or electronic copy.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that nothing in this ordinance
shall prohibit the City from protecting records that are exempt from disclosure under:
a.The Arkansas Freedom of Information Act;
b.Any state or federal statute requiring confidentiality;
c.Court order; or
d.Any other protection recognized by Arkansas law.
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Ordinance: 7016
File Number: 2026-2142
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Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the City Attorney shall
provide guidance to City departments regarding compliance with this ordinance and the Arkansas Freedom of
Information Act and shall review proposed confidentiality provisions in all City contracts for legal compliance prior to
signing by any staff or elected city person.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby determines that if any section, subsection,
sentence, clause, phrase, or provision of this ordinance is declared unconstitutional or invalid, such declaration shall not
affect the validity of the remaining portions of this ordinance.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby requires that all non-disclosure
agreements must include an automatic termination provision which activates when the project it pertains to enters the
public process, as indicated by an application for any city permit or license, the creation of a council agenda item, other
means of seeking a city approval, or of the requestor’s public disclosure. Upon notice to the Mayor, the Mayor or
designated representative, shall on the same day, if feasible, notify the City Council of the project and disclose that the
NDA was previously in place.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby determines that any non-disclosure
agreement executed by both parties, shall be retained by the city staff signee until the agreement terminates. Once the
non-disclosure agreement is no longer in effect, the city staff signee will provide the original or copy of the NDA to the
City Clerk’s Office for retention pursuant to state law.
Section 8: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that an
emergency exists so that this Ordinance shall become effective immediately after its passage and approval.
PASSED and APPROVED on July 21, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
___________________________________
Courtney Spohn, Senior Deputy City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 317.68
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Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-2142
MEETING OF JULY 21, 2026
TO: Mayor Rawn and City Council
THROUGH: Kit Williams, City Attorney
FROM: Sarah Moore, Ward 2, Position 1
SUBJECT: An Ordinance to promote transparency
RECOMMENDATION:
Council Member Sarah Moore recommends passing an Ordinance prohibiting the City of Fayetteville from
entering into nondisclosure agreements that restrict disclosure of public records or public business beyond that
authorized by law, and to declare an emergency.
BACKGROUND:
The Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101 et seq., declares that public business
should be conducted in an open and public manner.
DISCUSSION:
The Fayetteville City Council finds that transparency and public confidence are best served when city officials,
employees, contractors, and representatives understand that no agreement may supersede the requirements
of the Arkansas Freedom of Information Act. The use of nondisclosure agreements or confidentiality
provisions involving public business may undermine the public’s ability to evaluate governmental decisions and
expenditures.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Sarah Moore Request and Approval, 4. City Attorney Kit Williams Memo, 5. Additional
Information - Proposed Ordinance Amendment - Stafford, 6. Additional Information - Proposed Ordinance
Amendment - Turk, 7. Additional Information - Anita Schnee Letter - City Attorney Memo
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City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-2142
AN ORDINANCE PROVIDING TRANSPARENCY FOR NONDISCLOSURE AGREEMENTS
AND TO DECLARE AN EMERGENCY
WHEREAS, the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101 et seq., declares
that public business should be conducted in an open and public manner; and
WHEREAS, the Fayetteville City Council finds that transparency and public confidence are best served
when city officials, employees, contractors, and representatives understand that no agreement may
supersede the requirements of the Arkansas Freedom of Information Act; and
WHEREAS, approvals of non-disclosure agreements should be rare and every non-disclosure
agreement should automatically terminate upon the non-disclosure agreement requestor’s application for
any city permit, license, or other city document or upon the requestor’s public disclosure of the project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: The City Council of the City of Fayetteville, Arkansas herby determines that the City of
Fayetteville may only enter into non-disclosure agreements (NDAs) after receiving written approval
from both the Mayor and the City Attorney, which may be granted electronically.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that upon
receipt of a request to enter into a non-disclosure agreement, staff will schedule a meeting with the
Mayor and City Attorney to review the agreement. The City Attorney will review the proposed NDA
and ensure it is in proper form and that it does not violate local or state laws. Pursuant to City Policy
AD-02, the Mayor will review the proposed NDA and ensure the related project is consistent with the
goals of the city and in the best interest of the public. The Mayor and City Attorney will provide written
documentation stating whether the NDA may be signed, and which employee may sign it. This
documentation may be provided in hard or electronic copy.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that nothing in
this ordinance shall prohibit the City from protecting records that are exempt from disclosure under:
a.The Arkansas Freedom of Information Act;
b.Any state or federal statute requiring confidentiality;
c.Court order; or
d.Any other protection recognized by Arkansas law.
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Ordinance: 7016
File Number: 2026-2142
Page 2
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that the City
Attorney shall provide guidance to City departments regarding compliance with this ordinance and the
Arkansas Freedom of Information Act and shall review proposed confidentiality provisions in all City
contracts for legal compliance prior to signing by any staff or elected city person.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby determines that if any
section, subsection, sentence, clause, phrase, or provision of this ordinance is declared unconstitutional
or invalid, such declaration shall not affect the validity of the remaining portions of this ordinance.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby requires that all non-
disclosure agreements must include an automatic termination provision which activates when the project
it pertains to enters the public process, as indicated by an application for any city permit or license, the
creation of a council agenda item, other means of seeking a city approval, or of the requestor’s public
disclosure. Upon notice to the Mayor, the Mayor or designated representative, shall on the same day, if
feasible, notify the City Council of the project and disclose that the NDA was previously in place.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby determines that any non-
disclosure agreement executed by both parties, shall be retained by the city staff signee until the
agreement terminates. Once the non-disclosure agreement is no longer in effect, the city staff signee will
provide the original or copy of the NDA to the City Clerk’s Office for retention pursuant to state law.
Section 8: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby
determines that an emergency exists so that this Ordinance shall become effective immediately after its
passage and approval.
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Additional Information Received
Date Received:
MM/DD/YYYY 07/02/2026
Time:
00:00 (AM/PM) 8:54 AM
From:
Name & Title City Attorney Kit Williams
To:
Name & Title City Council
Agenda Meeting Date:
MM/DD/YYYY 07/07/2026
Civic Clerk Number:
Ex. 2025-994 2026-2142
Forwarded to City
Attorney’s Office and
Department Head
N/A
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Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
07/07/2026
3:54 PM
Stacy Barnes, City Attorney Paralegal
City Council
07/07/2026
2026-2142
n/a
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Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
07/21/2026
3:44 PM
Stacy Barnes, City Attorney Paralegal
City Council
07/21/2026
2026-2142
n/a
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Additional Information Received
Date Received:
MM/DD/YYYY
Time:
00:00 (AM/PM)
From:
Name & Title
To:
Name & Title
Agenda Meeting Date:
MM/DD/YYYY
Civic Clerk Number:
Ex. 2025-994
Forwarded to City
Attorney’s Office and
Department Head
07/20/2026
4:16 PM
Stacy Barnes, City Attorney Paralegal
City Council
07/21/2026
2026-2142
n/a
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