LITTLE ROCK, Ark. – Gov. Sarah Huckabee Sanders and the Arkansas Board of Corrections are not letting up taking big swings at each other.
It has now been more than a week of legal battles between the board and the state- all stemming from the governor and secretary of correction’s push to add more prison beds, and resistance from Chairman Benny Magness.
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In a special meeting held over the phone by the board Friday evening, an office phone took center stage as members of the media were able to listen in.
The focus seemed to be explaining the last two executive sessions the board held earlier this month that are now in question in the Attorney General’s lawsuit claiming they violated FOIA.
The board clarified the first meeting accused of being held illegally was to discuss Corrections Secretary Joe Profiri’s employment in light of Act 185 of 2023. The board believes the new law unconstitutionally diminishes their power and violates Amendment 33 of the state constitution.
“Because Act 185 unconstitutionally diminished the board’s powers regarding the management and personnel matters involving the secretary, I suggested that issue should be addressed by litigation,” one member said.
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The board then discussed special counsel in the meeting earlier this month, which it is now using for its lawsuit against the state.
Magness has argued from day one that adding prison beds, per Profiri and Sanders’ request, is not doable because of staffing shortages in several facilities.
He wrote a letter Wednesday to the governor asking her to activate National Guard members to fill the staffing gaps needed to add capacity for inmates.
Sanders responded Thursday denying the request for troops and calling on Magness to “step aside.”
Sanders referenced a December meeting herself in that letter, pointing out that staff vacancy rates are down 20% under Profiri since he has taken over this year. She added that under Profiri’s guidance, this is lower than it has been in recent years.
Sanders also told Magness if the board is truly concerned about the overcapacity issue in state prisons, he needs to reinstate Profiri and his plans-laid out in the December meeting-immediately.
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Magness responded to this letter, getting the final word in at the end of the meeting Friday.
“My request last week to the governor asking for a limited number of national guards to supplement the hosting of the Tucker Re-entry Center was sincere and thoughtful request. In no way political on my behalf,” Magness said.
He finished the meeting addressing Sanders’ request in the final line of her letter to “step aside.”
“On the governor’s request that I resign, my answer is I will not resign,” Magness said.
A hearing is scheduled for Dec. 28 regarding the board’s legal action. KARK 4 News will be there and continue to provide updates.
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