E-Mail Leaves Questions In Cave Springs Race

McGarrah’s E-mail

Dear Neighbors,

Just wanted to mention the Mayor election coming up. Mark Reeves has been the Mayor these past 4 years and has done an excellent job. He has a lot of things on the table that needs to be finished and a lot of new ideas. But the main point is that he is honest and stands firm for the right thing. He believes what is right for one is right for the other and the laws apply to all.

There are a couple of other guys running for the Mayor position, but I am greatly concerned about their motives and things they are promising. We are praying that Mark gets re-elected and I would appreciate your consideration in voting for Mark and help us pray for God’s will.”

Source: Staff Report

— A Cave Springs city worker may have committed an ethics violation when she pressed send on an e-mail endorsing Mayor Mark Reeves for re-election.

Arlene McGarrah, Reeves’ assistant, sent the e-mail last week to a number of Cave Springs residents. It asks residents for their consideration in voting for Reeves in Tuesday’s general election.

McGarrah confirmed Friday she sent the e-mail and she did so from her city computer, from her city e-mail account and while at work for the city.

She refused further comment.

It is unlawful for any public servant to devote any time or labor during office hours toward the campaign of any candidate for office, according to state law. It is also unlawful for any public servant to use any personal property purchased with public money for campaign purposes.

Personal property is all tangible property, including computers, that is not considered real estate.

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Mayor Reeves

Reeves said while he was pleased with the contents of the e-mail, he was unaware McGarrah sent it and did not know what it said until he was contacted by a reporter.

Mark R. Hayes, general counsel with the Arkansas Municipal League, said he could not comment on the situation other than to say he would advise his clients to not send such an e-mail.

The Municipal League represents Arkansas cities.

Robert Wechsler, director of research for CityEthics.org, called McGarrah’s e-mail a “diminutive” ethics violation.

The e-mail “is not one of the worst things that could happen, but it’s certainly something people could object to,” Wechsler said. “It is fairly diminutive. That doesn’t mean that its right, but it doesn’t mean that it should affect the outcome of the election either.”

THE LAWS

Arkansas Code Ann. §7-1-103(a)(3)(A)

It shall be unlawful for any public servant, as defined in § 21-8-402, to use any office or room furnished at public expense to distribute any letters, circulars, or other campaign materials unless such office or room is regularly used by members of the public for such purposes without regard to political affiliation. It shall further be unlawful for any public servant to use for campaign purposes any item of personal property provided with public funds.

Arkansas Code Ann. §7-1-103(a)(2)(A)(i)

It shall be unlawful for any public servant, as defined in § 21-8-402, to devote any time or labor during usual office hours toward the campaign of any other candidate for office or for the nomination to any office.

Arkansas Code Ann. § 21-8-402

“Public servant” means all public officials, public employees, and public appointees.

Arkansas Code Ann. 7-1-103(b)

(1) Except as otherwise provided, the violation of any provision of this section shall be a Class A misdemeanor.

(2)(A) Any person convicted under the provisions of this section shall thereafter be ineligible to hold any office or employment in any of the departments in this state.

(B)(i) If any person is convicted under the provisions of this section while employed by any of the departments of this state, he or she shall be removed from employment immediately.

(ii) If any person is convicted under the provisions of this section while holding public office, the conviction shall be deemed a misfeasance and malfeasance in office and shall subject the person to impeachment.

Source: State of Arkansas

Still, Wechsler said, “these are things that should be done by campaign personnel on campaign time and not by government personnel on government time.”

Wechsler also said working on campaigns while on the clock is a common problem.

“The use of time unfortunately happens all of the time. Candidates will spend the morning working in the office and the afternoon out campaigning and no one really ever says anything,” Wechsler said.

CityEthics.org, a nonprofit organization formed in 2000, is dedicated to providing a centralized location for information and resources for all forms of local government ethics programs, according to its website.

Reeves’ opponents, Chuck Bell and Larry Smith, said they were disappointed to learn about McGarrah’s e-mail.

“It saddens me that they’ve stooped to those levels to continue to stay in power,” Bell said.

Reeves also sent out a letter last week printed on city letterhead and mailed to each resident in Cave Springs. The letter updates readers on the new City Hall and the Cave Springs Centennial Celebration before asking voters to re-elect Reeves when they cast a ballot Tuesday.

“As your incumbent Mayor, I have been passionate in presenting an artful, positive campaign. I will hold to my ethics. You will always hear the truth from Mark Reeves. Check the record! No rumors or falsehoods start here,” the letter states.

It continues, “Re-elect Mark Reeves mayor of Cave Springs. Let’s continue prosperity!”

Graham Sloan, director of the Arkansas Ethics Commission, said there are laws in place to prevent public assets from being used for private purposes, such as mailing campaign literature, but it’s different when private money is used.

“The question is whether or not (Reeves’ letter) was paid for with public or private funds,” Sloan said.

Reeves said the letter was generated from his home computer during his personal time. He provided copies of the receipts showing he purchased the paper, stamps, ink and labels he used to send the letter to Cave Springs residents.

The receipts total $874.

Bell said he believes Reeves’ letter and McGarrah’s e-mail have hurt Reeves’ campaign for re-election more than they helped.

Smith said the correspondence will not change how he continues to run his campaign.

“I’m sorry this happened,” Smith said, “but its not going to affect me.”

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