This situation in Rogers with the city attorney is simply untenable.
City taxpayers are now paying the elected city attorney, Ben Lipscomb, to do little. And they are paying other lawyers to do what was supposed to be Lipscomb's job.
Worst of all, city taxpayers could be paying this dual tab through 2016, when Lipscomb's current term as city attorney will end.
The whole business is hard for those of us on the outside looking in to understand. Somehow, a man the people of Rogers trusted enough to elect over and again, beginning in 1998, has been stripped of many of his duties. Those who took his responsibilities away believe it was in the city's best interest. While Lipscomb doesn't agree, he seems to be a minority of one.
Lipscomb could -- and should -- resign. But there has been no indication that he will. In fact, he's suing city officials to reclaim the responsibilities they took from him.
Anyway, here's the tangled history, albeit a brief version:
Mayor Greg Hines and the Rogers City Council some months back resolved that they could no longer rely on Lipscomb and created a staff attorney position, hiring a former deputy prosecutor to fill the post and handle city legal affairs.
The council also significantly trimmed Lipscomb's staff and budget, which plays into his lawsuit and into more recent developments.
An incident at a local concert involving Lipscomb triggered an investigation but resulted in no charges against Lipscomb. Rancorous relations continued between the city attorney and city hall. And still do.
That's why the city hired Chris Griffin, the former deputy prosecutor, to handle civil matters for the city. He, not the elected city attorney, is advising the mayor and council members and others within the city government.
The lawsuit Lipscomb filed in U.S. District Court is all about that decision and Lipscomb's contention that city leaders violated his constitutional rights in the process.
That's the primary kink in this system, but there are more.
Mark Hays, an attorney with the Arkansas Municipal League, has been advising the city's Waterworks and Sewer Commission. Commissioners, who need daily access to legal advice and didn't want Lipscomb's, decided not to continue a contract with the city attorney and turned to the league for temporary help. The commission is now in the market for a local attorney.
Yet another municipal league lawyer, John Wilkerson, is defending the city in that lawsuit Lipscomb filed.
We're still not through identifying the players in this saga that threatens to tie up city affairs -- and cost a pretty penny -- for who knows how long.
Starting next year, someone besides Lipscomb will handle criminal prosecutions for the city.
Nathan Smith, the Benton County prosecuting attorney-elect, announced just days ago that he won't commission Lipscomb to prosecute state misdemeanor offenses in Rogers.
There's a reason Smith did that. Lipscomb said recently that he would not plea bargain any of his cases. It was his way of protesting the city's cuts to his budget, which left Lipscomb as the only attorney in the office. But his decision was a terrible and selfish one. It promised upheaval in the Rogers District Court.
"It will undoubtedly result in a chaotic court docket and a large number of police officers waiting in court for potential trials rather that serving the community," Smith said in a news release.
He doesn't take over the prosecutor's job until January, but Smith served notice of his intent not to use Lipscomb. Instead, he will ask Griffin and Bonnie Bridges to serve as special prosecutors to handle cases in Rogers District Court. Again, taxpayers will pay them for their work, even as Lipscomb draws his six-figure salary for doing little of consequence.
Now, remember this. Lipscomb reportedly encouraged the creation of the Rogers staff attorney job and told council members it was his idea to move some of his job duties.
He made this bed he finds so unfitting.
The mayor, the City Council, the Waterworks and Sewer Commission and, now, the new Benton County prosecuting attorney are moving on as they see fit.
Lipscomb can make it harder for them -- and for the people of Rogers -- by dragging out the dispute. He'll not regain the trust he's lost nor will he have quite the same job again, no matter what happens in court.
BRENDA BLAGG IS A FREELANCE COLUMNIST AND LONGTIME JOURNALIST IN NORTHWEST ARKANSAS.
Commentary on 12/20/2014