404
LAMAN v. MCCORD
[245
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Section 10. [Emergency.] It is hereby found and determined by the General Assembly that the proper functioning of a democratic society is dependent upon the public being informed at all times with respect to the operations of government, and public officials shall at all times be held accountable for their public actions and conduct ; . . . that many agencies are now holding executive or closed sessions . . . which is contrary to the spirit of the public business being transacted in open public meetings . . . At the outset we reject the city's contention that the Freedom of Information Act is a penal statute, to be strictly construed. It is true that the act (§ 7) provides that its willful violation is a misdemeanor, punishable by a fine or jail sentence. Such a provision, however, does not make the entire statute penal. For instance, the workmen's compensation act makes it a misdemeanor for an employer to fail to provide compensation coverage for his workmen. Ark. Stat. Ann. § 81-1339 (Repl. 1960). We have nevertheless held, in passing upon that very duty to provide coverage, that the compensation act is to be liberally construed. Brooks v. Claywell, 215 Ark. 913, 224 S.W. 2d 37 (1949). Whether a statute should be construed narrowly or broadly depends upon the interests with which the statute deals. Warfield v. Chotard, 202 Ark. 837, 153 S.W. 2d 168 (1941). As a rule, statutes enacted for the public benefit are to be interpreted Most favorably to the public. Employers In.§. CO.Y of Ala. v. Johnston., 238 Ala. 26, 189 So. 58 (1939) ; Bankers Life & Cas. Co. v. Alexander, 242 Iowa 364, 45 N.W. 2d 258 (1950) ; Hipp v. Prudential Cas. & Surety Co., 60 S.D. 308, 244 N.W. 346 (1932). In the act now before us the General Assembly clearly declared the State's public policy: "It is vital in a democratic society that public business be performed in an open and public manner." We have no
