Opinion Doesn’t Clear Air

Residency Issue Murky

— An attorney general’s opinion regarding the residency requirement for elected officials provides little help on the issue for Lowell officials, said the city’s acting city attorney.

Aldermen suspended on Aug. 21 Vaughn-Michael Cordes, the elected city attorney, after he allegedly moved from his house in Lowell to a house east of Rogers.

At A Glance

Cordes Residency

Vaughn-Michael Cordes, elected Lowell city attorney, moved out of his mother’s house in Lowell and moved to a house east of Rogers, outside Lowell.

• When residents began complaining to Mayor Eldon Long that Cordes didn’t live in the city, Long began to look into the allegation.

• He determined Cordes didn’t live in the city.

• Cordes was suspended with pay Aug. 21.

• City officials requested an attorney general’s opinion on the residency requirement.

• The opinion was received last week and didn’t do much to change the situation.

• City officials are waiting until after the first of the year to make a decision on what steps to take next.

Source: Staff Report

Cordes was suspended with pay until the question of residency is decided. The city attorney’s annual salary, according to the 2013 budget, will be $75,923, including benefits.

Aldermen believe state law mandates the city attorney reside within the city. Cordes disagreed. He said he maintained his domicile in Lowell, but acquired different property.

The attorney general’s opinion doesn’t shed much light on the situation, said Tom Kieklak, Lowell acting city attorney.

“The opinion really doesn’t change anything,” Kieklak said. “The residency requirement is very complicated in Arkansas.”

The attorney general has previously stated an elected city attorney must continue to reside within the city throughout his or her term, according to the opinion. However, the attorney general can’t opine on the fact of whether the city attorney lives in or outside the city.

“The only way domicile can be determined is by a judge or a jury,” Kieklak said.

Aldermen also asked the attorney general what legal remedies might be available to the mayor, city council or other interested person if it is believed the city attorney lives outside the political jurisdiction to which he was elected.

Elisabeth Walker, a deputy attorney general who prepared the opinion, said there were three possible ways to remove an elected city attorney from office based on the residency requirement.

“The prosecuting attorney, on behalf of the state, can file a petition for the removal of the attorney from office, if they are found to be ineligible,” Kieklak said. “Again a judge or a jury have to determine the facts in the case.”

A taxpayer living in the city can file a suit regarding the residency requirement, according to the opinion.

An ineligible elected city attorney can be removed under the provisions of Arkansas Code 16-118-105 regarding the forfeiture of an elected office under certain conditions.

The opinion also states neither the mayor or the council has authority to declare a vacancy and replace an elected city attorney.

Eldon Long, Lowell mayor, said he and Kieklak will talk to Van Stone, Benton County prosecuting attorney, after the first of the year to determine the next step.

“What I would like to do is get all of us together in a room and see if we could reach some sort of agreement,” Long said Wednesday.

“I don’t have a problem with Vaughn, we worked together well and got along just fine. I just worry that having a city attorney that doesn’t meet the residency requirement could be a problem for the city,” Long said.

Other elected officials must live in the city and any legal issues Cordes might address could be a problem if someone were to file suit against the city because Cordes doesn’t meet the residency requirement, Long added.

“Basically it just a matter of right and wrong and I think not living in the city where you are elected is just wrong,” Long said.

A message left on Cordes’ cellphone voicemail was not returned by 5:30 p.m. Wednesday.

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