LOWELL — A dispute between city officials and the elected city attorney is costing taxpayers thousands of dollars.
Vaughn-Michael Cordes was elected city attorney in 2010 and began a four-year term Jan. 1, 2011. Aldermen voted to suspend Cordes with pay in August 2012 after residents complained Cordes moved from Lowell to a house in the county.
“I eventually reached the conclusion I could no longer stick my head in the sand and had no choice but to look further in the matter of his true domicile,” Eldon Long, Lowell mayor, wrote in an Aug. 24 news release.
City officials say the situation needs to be addressed but aren’t sure what the next step should be.
“It’s unfortunate that this has to take place,” said Alderman Kendell Stucki. “I would like to see some closure on this, but it’s a wait and see game right now.”
Alderman Dean Bitner said he hates the situation.
“I think city residents have the right to expect elected officials to live in the city they represent. They expect us to do the right thing. I hate this situation and want to settle it as soon as possible and get with the business of serving the public,” Bitner added.
Bitner said he doesn’t know what the solution is and hasn’t had the opportunity to study the attorney general’s opinion.
“So far, we have left it up to the mayor on what the next step should be,” Bitner said.
“I just wish we could all sit down, discuss this like gentlemen and come to a gentlemen’s agreement to settle this situation,” Long said early last week.
City officials may believe the issue of Cordes’ residence needs to be addressed, but at least some Lowell residents were unaware there is an issue.
Chelsea Piasecki, one of the owners of My Cafe, said she didn’t know there was a problem with the city attorney.
“I keep up with the national news, but I don’t know anything about the situation with the city attorney,” Piasecki said.
After the situation was explained, Piasecki said she thought the city should find a better way to spend taxpayer’s money.
Ryan Wetsell, a Lowell resident, said he didn’t know anything about the situation. He was getting a haircut at Tubby’ Barber Shop last week.
“I don’t know anything about what the situation is. This is the first I’ve heard of it,” Wetsell said.
Attorney Costs
Aldermen agreed to keep Cordes on suspension with pay until the city could get an Attorney General’s opinion on the residency question. The opinion was received in December, but nothing has changed — Cordes is suspended with pay while Tom Kieklak is compensated for city attorney services.
The attorney general’s opinion doesn’t shed much light on the situation, Kieklak said at the December council meeting.
“The opinion really doesn’t change anything,” Kieklak said. “The residency requirement is very complicated in Arkansas.”
As a result, not only is the city paying Cordes’ annual salary of $75,923, Kieklak’s law firm is also being paid, officials said.
The Kieklak firm was paid $67,688 in 2012 for legal fees, according to Jerry Hudlow, chief financial officer of the city.
The Law
Cordes said his primary residence is still in Lowell and he has done nothing wrong.
“I’m splitting my time between my house in Lowell and the one in the county,” Cordes said last week. “The house in the county is our summer home, and I still maintain my residence in Lowell.”
He said he believes the council didn’t have the authority to suspend him and the action is illegal.
“Whether it’s legal or not may have to be determined in court,” said Don Zimmerman, executive director of the Arkansas Municipal League. “I wouldn’t want to take a stand either way without looking into the situation more.”
Elisabeth Walker, deputy attorney general, who prepared the opinion, wrote an elected city attorney must live in the city in which he serves. Case law cited in the opinion states “residence” and “domicile” are not exactly interchangeable terms.
Residence is a physical place, according to case law, while domicile also reflects intent.
“A person may have two places of residence, but only one domicile,” the opinion states.
There must be proof an elected official has no intent of spending any time at the domicile in order to prove they are ineligible to serve, according to the case law cited.
Cordes said he hasn’t changed the address on his driver’s license.
“I’m still registered to vote in Lowell,” Cordes said.
The opinion states city officials could ask the prosecuting attorney to file a quo warranto petition to remove Cordes from office.
Van Stone, Benton County prosecutor, said a quo warranto petition allows the state to inquire if an office holder is authorized to hold that office.
“I’ve never used the law before, but there is some recent case law on quo warranto involving the residency of a mayor,” Stone said.
An elected city attorney can also be removed from office if a court determines he is ineligible to hold office or if a taxpayer of the city files a lawsuit to have the city attorney removed from office, the opinion states.
City officials, according to the opinion, have no power to remove the elected city attorney, declare a vacancy and fill the position.
Aldermen haven’t made a decision on what the next step should be, nor has Long or Kieklak taken a stand regarding the situation.
“I don’t know what’s going to happen,” Kieklak said. “The mayor said he might talk with Van Stone sometime this week, but that could change.”
Timeline
Past Problems
Lowell has experienced problems with city attorneys for nearly a decade.
May 2004: Steve Lisle resigns as city attorney after eight years.
May 25, 2004: Aldermen struggle with decision whether to appoint Tom Kieklak or Jenni Cook to the city attorney position,
June 15, 2004: Aldermen appointed Cook city attorney.
Nov. 22, 2004: Police officials discover an inappropriate telephone conversation between Cook and William “J.R.” Cooper, animal control officer.
Mid-December 2004: Cook and Cooper are asked to resign. Cooper resigns immediately, but Cook is given until Dec. 31 to do so. She resigns in February 2005.
March 10, 2005: Mayor Phil Biggers breaks a 4-4 council tie, and Cook is paid $14,000 in exchange for her resignation. The city begins a search for an attorney.
March 18, 2005: Four attorneys apply for the city attorney position. Biggers considers appointing Tom Kieklak, although Kieklak isn’t an applicant. Kieklak is given a contract as acting city attorney.
Oct. 17, 2007: Aldermen stalemate on Kieklak’s contract because of increasing legal fees.
November 2010: Vaughn-Michael Cordes is elected city attorney and takes office Jan. 1, 2011.
Aug. 21, 2012: Aldermen suspend Cordes with pay. Kieklak takes over as city attorney.
Dec. 4, 2012: An attorney general’s opinion doesn’t provide the answers aldermen expect. City officials learn they don’t have the power to declare a vacancy in the city attorney’s position.
Source: Staff Report