Bisbee: Kept firm to finish another contracted project

— The statute that Benton County Judge Dave Bisbee is accused of violating is one he voted to amend as a state senator in 2005.

Bisbee is on trial, charged with three misdemeanors related to ethics for county government officers and employees.

Benton County Prosecuting Attorney Van Stone asked Bisbee on Thursday if he was aware the law was amended while Bisbee was a member of the state Legislature.

Bisbee testified he did not remember the law and likely did not ever read it when he was a member of the Legislature.

Stone asked Bisbee if there was a good chance Bisbee voted on a lot of lawshe did not read.

“Absolutely,” Bisbee said. “That’s why we have the committee system.”

The charges against Bisbee stem from his decision to hire a construction company he owned at the time, Valley Homes, to complete a remodeling job at the collector’s and assessor’s offices on Poplar Street in Rogers in December.

Bisbee is specifically accused of using his office or influence to advance the personal economic interest of an associate; advancing the economic interest of a company that Bisbee and his wife owned; and as county judge, Bisbee had interest in a contract and failed to bring it to the Benton County Quorum Court for its denial or approval.

Bisbee denied any illegal or unethical wrongdoing when he was questioned by his attorney, Asa Hutchinson, Thursday.

Bisbee testified he was committed to completing a construction job at a Rogers accounting firm in 2009.

Bisbee said could not transfer Valley Homes to his business associate and the vice president of the company, Gary Wierman, in 2009 because he needed the contractor’s license for the accounting firm project. The project was completed in fall 2009, but Bisbee said his wife wanted to be paid before transferring the company to Wierman.

Bisbee said he finally decided to transfer the corporation because newspapers had reported Bisbee’s decision to hire Valley Homes for a county project. Bisbee also claimed Wierman worked under Valley Homes but had a separate bank account and that the two men operated separately under the same business name.

“Obviously, it was a huge faux pas,” Bisbee said. “No one in their right mind would intentionally do that.”

Bisbee testified he contacted Wierman after county Collector Gloria Peterson and county construction manager Jim Edens told him a bid placed on the project by another company was too high.

Bisbee said he was aware Wierman was awarded the bid in December but learned in January that Valley Homes was listed on the building permit.

“I thought the county was doing the job and Gary Wierman was the subcontractor,” Bisbee said, noting he did not know the building permit for the project was under the name of Valley Homes.

Bisbee testified Justice of the Peace Robert Stephenson filed complaints with the state Contractors Licensing Board and the Benton County prosecutor’s office after a newspaper article detailed Bisbee’s decision to hire Wierman and Valley Homes. Stephenson was one of Bisbee’s opponents in the county judge’s race this year.

Bisbee will face Bob Clinard of Rogers in a runoff election Tuesday.

Bisbee claimed he disclosed his relationship with Wierman to the Quorum Court during a March 10, 2009, Committee of 13 meeting after Wierman submitted a bid for remodeling Circuit Judge Doug Schrantz’s courtroom.

Bisbee testified he had owned the company for more than 30 years and listed his ownership in all financial disclosure forms required of elected officials.

Hutchinson asked Bisbee about how he handled projects under $20,000 when he was not required to seek bids.

“So long as I’m not doing it, so long as I’m not making any money and so long as I’m not making an unfair advantage, I can contract with whoever I want,” Bisbee said.

He testified he did not receive any financial gain from the Poplar Street project.

“I made an honest mistake,” Bisbee said. “I clearly didn’t make any money.”

Stone then took his turn to question Bisbee.

“Do you believe it is against the law to hire a person you are in business with?” Stone asked.

“I don’t know,” Bisbee responded. “I haven’t researched that. I don’t even know the definition of a business associate.”

Bisbee was hesitant to describe his relationship with Wierman.

“I own four shares of Wal-Mart, and that doesn’t make me a partner,” Bisbee responded once when being peppered with questions from Stone.

Bisbee is expected to return to the witness stand today, and Stone will resume his questioning.

Northwest Arkansas, Pages 9 on 06/04/2010

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