ROGERS -- City officials, in a legal filing in U.S. District Court, have questioned whether Ben Lipscomb is a resident of Rogers and whether he has legal standing to serve as city attorney.
The response was filed last week in answer to a complaint Lipscomb filed Nov. 5 stating Ordinance 14-46 is unlawful and unconstitutional. The ordinance transferred most of the legislative duties of the city attorney to the city staff attorney.
At A Glance
City Staff Attorney
Staff attorney responsibilities include; Acts as legal adviser to all city officials, boards, commissions, departments and agencies.
• Reviews contracts and other legal documents that involve city operations.
• Prepares ordinances, resolutions, contract and other miscellaneous documents.
• Attends the mayor’s staff meetings
• Helps in the selection of outside legal counsel.
• Coordinates the activities of outside legal counsel.
• Be readily accessible to perform research and answer questions and inquiries by department heads
• Other duties as assigned.
Source: Staff Report
Lipscomb owns a house at 4302 W. Mockingbird Lane in Rogers. He also owns a house at 6 Dearhurst Road, which is outside the city limits near Beaver Lake. He lists the house on Dearhurst Road as his homestead parcel, according to Benton County assessor's documents.
"The law states you can only have a homestead exemption on the home you are living in," said Bear Chaney, Benton County assessor.
The response also states Lipscomb has no standing to bring the lawsuit because he is not legally qualified to serve as the Rogers city attorney.
Lipscomb's only duty is acting as the prosecuting attorney for the city. Aldermen approved Ordinance 14-46 on Sept. 23, moving the remainder of city attorney duties to Chris Griffin, a former deputy city attorney.
There was no reduction of the $148,257 salary and benefits Lipscomb receives. He is scheduled to get a raise next year to $159,619 in salary and benefits.
The 2015 budget was approved last month and reduced Lipscomb's staff to two positions. Lipscomb complained to aldermen during budget hearings in October he would not be able carry out his prosecutorial duties with such a limited staff.
The city filing also includes affidavits from three council members -- Clay Kendall, Marge Wolf and Betsy Reithemeyer -- stating Lipscomb told each of them it was his idea to create the staff attorney position and to move the duties to the new position.
The city's response to the request for the injunction also outlines the background on establishment of a staff attorney position; the loss of faith in Lipscomb's ability to effectively run the city attorney's office; the conflict between Lipscomb and Griffin; and dysfunction within the city attorney's office.
The conflict in the city attorney's office led aldermen to agree with Lipscomb that the creation of a staff attorney position and the transfer of duties would be in the best interest of the city, according to the response.
"At worst, without an injunction, Mr. Lipscomb continues as the city attorney and works with the newly created staff attorney, as he put it to 'move the city forward.' Under this scenario there is no threat of irreparable harm," according to the injunction response.
The mayor and aldermen agree Ordinance 14-46 was approved by the council but deny any allegations regarding punishment, unlawful acts or wrongdoing. The response denies Lipscomb's rights were violated.
Lipscomb said he would not comment on the response and referred all questions to his attorney, Doug Norwood, who could not be reached for comment Monday.
Greg Hines, mayor, referred questions to John Wilkerson, an attorney with the Arkansas Municipal League. Wilkerson could not be reached Monday afternoon.
NW News on 12/02/2014