ROGERS — The Lowell City Council likely violated state laws involved open meetings Tuesday, but the question as to whether they can suspend the city’s elected attorney remains unanswered.

John Tull, an attorney with Quattlebaum, Grooms, Tull & Barrow which represents the Arkansas Press Association, said Wednesday it appears the council violated the state’s Freedom of Information Act.

The council said they were going into executive session to discuss terminating Vaughn Cordes. Cordes was elected city attorney in 2010.

Aldermen returned to open session and voted to “immediately suspend” Cordes. Alderman Dean Bitner read a statement asking for the vote to suspend Cordes with pay and asking for an opinion from the state’s Attorney General as to whether the council has authority to vacate the city attorney’s position.

The council unanimously approved the motion.

“I believe the FOIA applies only to city employees, not to elected officials,” Tull said. The law allows for executive sessions to discuss “employment, appointment, promotion, demotion, disciplining or resignation of any public officer or employee.”

“There’s an Attorney General’s opinion from 1994 that held that city attorneys are not city employees by virtue of their (law) license,” Tull said.

Cordes said Wednesday he wants to meet with his attorney before making a statement.

Cordes said Tuesday night aldermen accused him of moving outside Lowell. Arkansas law requires an elected attorney must reside in the city he represents. Cordes said he maintained his home within Lowell, but had acquired other property.

David Schoen, legal counsel for the Arkansas Municipal League, said when the motion was made to adjourn into executive session to discuss the duties of the city attorney, the session was likely not a legally called session.

“Apparently, the question is about where he lives,” Schoen said. “Had they said they were going into executive session to replace the city attorney, that would have been a cause for executive session. But just to discuss his duties is not reason for an executive session.”

Alderwoman Janette Lasater said Wednesday she sought the opinion of Tom Kieklak, Lowell’s deputy city attorney, and Mark Hayes, another Municipal League attorney, about removing Cordes from office. She said the attorneys told her the council had the authority to vacate the position.

Hayes was out of the office Wednesday and didn’t return a call seeking comment.

Kieklak, who took over the meeting after Cordes left, said Tuesday he believes the council has the authority to vacate the position.

On Wednesday, he said the council is pursuing an Attorney General’s opinion “with dispatch.”

“I know the AG’s office can answer some questions in 36 hours, but I’ve heard some opinions take months,” Kieklak said. “I think this opinion is going to take longer than 36 hours.”

Mayor Eldon Long said Wednesday, overall, he thought the meeting went well and preserved everyone’s dignity.

“If we don’t have a city attorney that’s eligible, it opens us up to all kinds of liability and litigation,” Long said. “I have a great duty to the taxpayers of Lowell. I wouldn’t be worthy of my office if I didn’t take action.”

Asked about the possible breach of the Freedom of Information Act, Long said he believes that’s why the City Council made the move to seek an Attorney General’s opinion.

“I think they thought that was as far as they could go without seeking more legal advice,” Long said.

Cordes is in his first term as city attorney.

Legal Lingo

Freedom of Information Act

The Legislative Intent section of the act says “It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy. Toward this end, this chapter is adopted, making it possible for them or their representatives to learn and to report fully the activities of their public officials.”

Source: Staff Report