A member of the Mountain Home School Board resigned Tuesday citing litigation over the Arkansas Freedom of Information Act.

Bob Chester doesn't want to be a distraction, according to his resignation letter.

Chester is one of three board members mentioned in a lawsuit filed May 31 over group text chats that took place with former Superintendent Jake Long before public board meetings, in apparent violation of the state's open-meetings law.

"My primary reason for resigning is to avoid any further distractions that may arise from the ongoing legal disputes and to ensure that the focus remains on the students, teachers and staff of Mountain Home Schools," wrote Chester. "I firmly believe that my continued presence on the board during this time could detract from the important work being done to support our students and uphold the high standards of education for which Mountain Home is known."

Chester wrote that his resignation wasn't an admission of guilt regarding allegations made against the school board.

"I stand by my actions and firmly believe that they were in the best interest of our school district," wrote Chester. "However, I recognize that the current situation requires resolution, and my resignation will allow the board to move forward without the complications of a protracted legal battle."

The other two board members mentioned in the lawsuit, Lisa House and Daniel Smakal, are still on the board. Long is now superintendent at the Howell Valley R-1 School District in West Plains, Mo.

Joey McCutchen of Fort Smith filed the lawsuit in Baxter County Circuit Court on behalf of Melissa Klinger of Mountain Home after Prosecuting Attorney David Ethredge decided not to file criminal charges against Long or the board members.

The Mountain Home School District and its board are named as defendants.

In a June 3 news release, McCutchen wrote that the case involves Long polling House and Smakal "over a secret text message chain about a proposed 2023 millage increase."

Based on the text message chain, McCutchen said it was apparent Long had previously polled each of the other five board members when he told House and Smakal the board was divided "3-3" on whether to propose a millage rate increase of 2.25 or 2.75 mills. Long was waiting on one other board member to respond. The proposed millage, which voters rejected, would have generated $54 million to $60 million for the school district.

McCutchen didn't mention Chester in the news release, but he is referenced in the lawsuit and in a draft affidavit of probable cause from an investigator with the Baxter County sheriff's office.

In response to an open-records request under the Freedom of Information Act, Klinger received "screen shots of several text conversations from a group chat" between Long, House, Smakal and Chester, according to the lawsuit.

"The group chat conversation was mostly inane conversation" according to the draft of the affidavit. "The group chat in itself is in direct contravention to the open meetings requirement of the Arkansas Freedom of Information Act of 1967."

Chester had been on the board for two years and his term had two more years to go, said Jennifer Crawford, the school district's communications coordinator.

In a statement Tuesday, Superintendent Allyson Dewey said the remaining six board members would appoint a new member to complete Chester's term.

Last week, before a regularly scheduled school board meeting, Chester distributed a five-page "brief" to Klinger, Crawford and others.

The fact that the school board provided the text messages to Klinger in response to her open-records request shows the board wasn't trying to circumvent the law, Chester wrote in the brief.

"Chester's text messages involved expressing general opinions and gathering information, not making binding decisions" according to the brief. "Chester's intent was to gather information and prepare for public discussions, ensuring informed decision-making during public meetings."

One of the text messages Chester sent to the group on Feb. 13 read: "I will probably want to share the reasons we have no choice but to push ahead with a millage at this time."

Chester wrote that his focus on the necessity of the millage increase "indicates a preparatory discussion rather than a decision."

"Such preparatory discussions are routine and necessary for effective governance, ensuring board members are well-informed and prepared for public meetings" wrote Chester. "All final decisions regarding the millage rate were made during public board meetings in full compliance with the FOIA."

Chester went on in the brief to say Klinger had misused the legal process because she has a personal vendetta against the school district. Chester wrote that he has suffered reputational damage and incurred substantial legal costs as a result of the lawsuit.

At the end of his brief were the words "Submitted by: Dewy Screwem."

"The lawsuit the board denounces only touches on a minute fraction of a massive secrecy campaign but highlights $50 million plus reasons in the form of a millage increase as to why open government and FOIA is important," McCutchen said late Wednesday. "Because of the work of FOIA warrior Melissa Klinger, subsequent FOIAs and taped interviews revealed that school board members had been using secret text message chains to do the public's business for eight years and were dutifully deleting those text messages to do an 'end around' FOIA. Now, resigned school board member Bob Chester claims that there was 'no intent to circumvent' FOIA and plays the victim and accuses one of the people who exposed this secret scheme as being the villain.

"Conduct rewarded is conduct repeated," McCutchen continued. "Without real accountability and repentance for their years of wrongdoing, the board will never have the trust of the community, students and parents they serve."