Lowell Council Suspends City Attorney

Attorney says council likely violated open meetings law

— Lowell aldermen “immediately suspended” Vaughn Cordes, the city’s attorney, after a lengthy executive session Tuesday night.

The council exited the executive session, Alderman Dean Bitner read a statement into a motion asking the council to vote on suspending Cordes with pay and asking the state Attorney General for an opinion. The council unanimously approved the motion.

Update

The Lowell City Council appears to have violated the state’s Freedom of Information Act Tuesday night when they met in executive session to discuss the city attorney, said John Tull, an attorney with the law firm that represents the Arkansas Press Association.

“I believe the FOIA applies only to city employees, not to elected officials,” Tull said Wednesday.

“Tom Kieklak, would you please step in?” asked Lowell Mayor Eldon Long.

Cordes left his seat at the City Council table and was replaced by Kieklak, Lowell’s deputy city attorney.

Cordes later said aldermen were contending he moved his residency outside Lowell.

A requirement for an elected city attorney under Arkansas law is to live within the boundaries of the city he represents.

“I’ve maintained my domicile inside the city of Lowell during and since the election,” Cordes said. “I did not move. I acquired different property.”

The council’s executive session came after a reporter protested the executive session, saying the council had the right to go into executive session to handle matters with an appointed city attorney, but not with an elected attorney.

“The Freedom of Information Act provides for executive sessions to consider matters pertaining to public officials such as continued employment, appointment, promotion, demotion or discipline,” Kieklak told the council before the session began. “And I might add, in addition to employees.”

Cordes disagreed with Kieklak’s opinion.

“I think the action of the city is illegal and contrary to Supreme Court case law,” Cordes said. “I’m not even sure they can get an opinion from the Attorney General.”

Cordes said he has retained Tim Hutchinson as his legal representation.

The council’s executive session, which included Cordes, lasted from 7:12 p.m. until 8:58 p.m.

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