Ethics Report Done In Cave Springs Complaint

Thursday, April 25, 2013

BENTONVILLE — An investigation into campaign activities by Citizens for Growth in Cave Springs has determined the group didn't violate any campaign laws, but individual candidates may have.

The Arkansas Ethics Commission began an investigation into the group in January after a complaint from Randy Noblett, a candidate who was re-elected to the Cave Springs City Council in November.

Web Watch

Commission Letter

View this article at nwaonline.com to read a letter from the Arkansas Ethics Commission regarding the investigation.

The complaint alleged the group violated state law by failing to register as a political action committee and file quarterly financial disclosure reports with the Secretary of State’s Office.

The group was comprised of five candidates for City Council — Mary Ann Winters, Joan White, Melvin Yount, Brett Hash and Marc Williams. Jay Finch, a retired circuit judge, was included in the complaint as the spokesman for the group.

The Ethics Commission concluded Friday with a 5-0 vote the group didn't constitute a political action committee and dismissed the complaint.

“Evidence gathered during the course of the investigation reflected that there was a group known as ‘Citizens for Growth in Cave Springs,’ but that the group never received any contributions or made any expenditures,” according to a letter sent from the commission to Finch on Friday.

The commission determined the candidates paid for the material themselves and didn't accept contributions as a group. All allegations into Finch’s role as a spokesman were dismissed.

Citizens for Growth in Cave Springs coalesced after a group of like-minded candidates decided to pool individual contributions to pay for signs and brochures with all their names on them, Winters said.

“The group was just a group of candidates trying to get enough people elected to the City Council so that we could move forward,” Finch said.

The candidates may still face individual action from the commission after the investigation turned up violations in their campaign contribution and expenditure reports. Graham Sloan, director of the commission, said he couldn't comment on ongoing investigations or even verify if there is an investigation until after the commission makes a determination.

All five candidates were expecting or had received letters from the Ethics Commission by Wednesday. Yount said his letter confirmed the allegations of political action committee violations were dropped but included an assertion he filed his finance reports incorrectly or late.

“This letter is still saying I didn’t fill it out right or on time,” Yount said. “They want me to sign an agreement that I agree with them on what I did. I guess I’ll do that because as far as I know, they’re right.”

Yount said he filed an amended campaign report with the Benton County Clerk’s Office after the investigation began. He wasn’t the only one to amend his report in the wake of the investigation.

Winters filed an amended report with the County Clerk’s Office on Feb. 26, almost two months past the Dec. 31 deadline for final campaign reports. She said she mailed off the final report on time, but it never made it to the clerk’s office.

“It’s not that I tried to hide anything,” she said. “I don’t think any of the others did.”

Winters received a letter of caution Wednesday from the Ethics Commission regarding the late filing. She said the letter specified she could accept the letter’s allegations or appeal them in a hearing. Winters said she will probably agree to the letter, though she has a notarized copy of the report she mailed on time.

“This has been like a cloud hanging over me,” Winters said. “It’s been such an emotional distress to me and my family, and it’s really based on a false witness against me. I’ve had to spend money. The state had to spend money.”

Sloan said there are three levels of letters the commission can send out — a caution letter, a warning letter and a reprimand. Fines for the individual violations range from $50 to $2,000.

“Somebody that filed a report late would be at the milder end of the spectrum,” Sloan said, though he didn't address Winters’ case directly.

Noblett said he based his complaint on the way the group represented themselves. He said the group claimed it was a group of residents supporting and endorsing the candidates.

“If it was what it was represented to be, it would be a prohibited political action committee,” Noblett said. “But it was a hoax on the people of Cave Springs.”

The investigation has left some council members asking why Noblett didn't talk to them about the group’s finances before filing a complaint. Noblett serves on the council with Winters, Williams and White.

“I just hope that we can move forward and the council can concentrate on what the city needs,” said Mayor Larry Smith.