The state’s highest-ranking elected officials called on Lt. Gov. Mark Darr on Tuesday to resign, one day after the Springdale Republican decided not to contest allegations that he repeatedly violated the state’s ethics and campaign-finance disclosure laws.
Democratic Gov. Mike Beebe called Darr early Tuesday and encouraged him to step down. On Tuesday afternoon, all five Republican members of the Arkansas congressional delegation issued a joint statement urging Darr to quit, a sentiment later echoed by the campaign of Democratic U.S. Sen. Mark Pryor.
“As elected officials, we are keepers of the public trust,” the Republicans’ statement read. “We are bound by a very strict code of conduct that is the basis of that trust. Based on Lt. Governor Darr’s own admissions, it is clear he has violated that trust, and he should step down immediately for the good of our state.”
Also Tuesday, the Arkansas Ethics Commission sent Darr a Public Letter of Reprimand after finding that he had violated 11 separate statutory provisions.
Agency officials said the accompanying $11,000 fine was the steepest penalty they had ever handed down.
Darr did not respond to requests for comment Tuesday, and his staff members declined to speak on his behalf, referring all questions to Darr’s attorney, former state Rep. Dan Greenberg.
Greenberg said he doesn’t believe that his client will resign.
Also Tuesday, Republican gubernatorial candidate Asa Hutchinson said Darr’s “troubling and serious” ethical violations should be reviewed by a prosecuting attorney. Hutchinson and Republican Party of Arkansas Chairman Doyle Webb said talk of resignation is premature. But Darr’s resignation will be demanded if criminal charges are filed, Webb added.
With the halls of government nearly deserted because of the holidays, the state’s top federal and state elected leaders took breaks from their vacations to talk about Darr.
Beebe, dressed in a gray sweater and jeans while standing in front of his office at the Capitol, said he called the lieutenant governor early Tuesday and asked during a “short and sweet” conversation if Darr planned to resign.
“He said he wasn’t going to resign,” Beebe said. “I said something along the line of ‘That’s disappointing.’”
Darr’s office, along with most state offices at the Capitol, closed early on New Year’s Eve. Darr’s cellphone went straight to voice mail Tuesday afternoon.
Greenberg, his attorney, commented briefly Tuesday.
“He’s been asked several times by reporters if he plans to resign, and the answer has always been no,” Greenberg said, adding that he couldn’t comment on the case’s political ramifications.
Calls for Darr’s departure also came from Democratic gubernatorial candidate Mike Ross; the Democratic candidate for attorney general, state Rep. Nate Steel, D-Nashville; and the Arkansas Democratic Party.
“I think it’s in everybody’s best interest, including Mr. Darr, if he resigned,” Beebe said, noting that Darr is not the first Arkansas politician with legal problems. “What did the others do? Other people who were very similarly situated.”
Earlier this year, a handful of state officials resigned after separate instances that resulted in Ethics Commission or criminal investigations.
Former state Sen. Paul Bookout, a Jonesboro Democrat, resigned in August after the Ethics Commission fined him $8,000. Commissioners found probable cause that he violated state law by using $53,305.07 of his campaign funds for personal purchases. A special prosecutor was appointed in August to look into those expenditures.
In May, state Treasurer Martha Shoffner, a Newport Democrat, resigned after being accused of accepting a $6,000 bribe hidden in a pie box. A federal grand jury handed up an indictment in June accusing her with extortion and bribery. She has pleaded innocent.
In September, then-Rep. Hudson Hallum, D-Marion, resigned from his seat after pleading guilty to election-fraud charges. He was sentenced to thee years of probation, nine months to be served in home detention, for taking part in a 2011 scheme to buy votes with cheap alcohol, chicken dinners and cash.
Liberal blogger and lawyer Matt Campbell, who filed the original ethics complaint against Darr, said he found Darr’s insistence on remaining in office hypocritical. He said that when Beebe called for Shoffner to resign, Darr took to the social-media website Twitter and said that if she did not resign, the House should take up impeachment proceedings.
“Martha Shoffner left when she was charged. Bookout left,” Campbell said. “It seems like Darr and the rest of the Republicans are changing what is expected in this situation.”
Rep. Greg Leding, D-Fayetteville, said the Democratic Caucus in the House is keeping an eye on the situation.
“If the right number of House members want to act, we stand ready to do so. We’re just monitoring the situation and watching it unfold until then,” he said Tuesday. “I don’t know that impeachment proceedings are being talked about seriously by anyone at this point. My understanding is that’s our only power in this situation, and [that effort] would have to have support from some of our Republican colleagues or it would fail.”
Many Republican state senators and state representatives who were reached by phone Tuesday said Darr should be given more time to make a decision about his plans or that he should be allowed to finish his term.
Others cautioned against a rush to judgment.
Webb, the Republican Party chairman, issued a statement asking lawmakers to let the investigation run its course.
“Lieutenant Governor Mark Darr has appropriately admitted to his ethics violations, has apologized to the people of Arkansas, and has begun the process of paying restitution for his mistakes and correcting his campaign finance reports,” the statement sent by email read. “All these actions have been taken for the purpose of restoring the public’s trust in his service as Lieutenant Governor. We are confident that any further legal review or investigation will be conducted appropriately and that if criminal charges are warranted we will request his resignation immediately.”
Hutchinson, the gubernatorial candidate and a former U.S. representative, said it’s too early to pass judgment on Darr.
“In the case of Lt. Gov. Mark Darr, the ethical violations are troubling and serious and should be reviewed by the prosecuting attorney,” he wrote. “As a former prosecutor, I understand the importance of holding public officials accountable for improper conduct. In my view, the public has a right to expect the highest level of ethical conduct by its elected officials and the public should demand resignation when criminal conduct has occurred.”
He added, “Until then, we should let the process work and expect the decision of the Ethics Commission in terms of fine and amended reports to be fulfilled.”
The Ethics Commission issued two final documents in its investigation Tuesday, one a formal reprimand of Darr - the harshest action the commission can take beyond a fine. The other document outlined a payment schedule for the $11,000 fine levied by the commission, and reminds Darr to file revised campaign-finance paperwork.
The letter gives Darr 11 months to pay off the fine, with a $1,000 payment to be sent on the last day of each month starting Jan. 31.
Ethics Commission Director Graham Sloan said it’s not unusual for the commission to approve payment plans, adding that this provision was requested by Darr’s attorney. In general, he said, the commission allows for up to a year to pay a fine.
Sloan confirmed that the $11,000 fine was the largest the commission had issued in one case and against one person.
The commission found probable cause that Darr violated state ethics laws by:
Making personal use of $31,572.74 of his campaign funds.
Accepting three contributions for more than the $2,000 limit, adding up to $6,000 above the legal limit.
Accepting $5,720.91 in contributions after the amount needed to retire the 2010 campaign debt had been raised.
Accepting $5,720.91 after the Nov. 2 deadline for other purposes than retiring debt.
Failing to maintain sufficient records of all of the expenditures made during the 2010 debt-retirement campaign.
Failing to properly itemize $9,200 in loan repayments, $15,267.29 in itemized expenditures and $3,098.40 in non-itemized expenditures. He also failed to provide complete addresses for each payee.
Failing to report a $185.61 contribution from Strong Arkansas Political Action Committee.
Failing to list the principal place of business, employer or occupation for all itemized contributors for the debt-retirement campaign.
Failing to file a third-quarter debt-retirement disclosure that showed a loan repayment of $1,500.
Making personal use of at least $3,532.60 in expenses charged to a state-issued credit card.
Receiving at least in $3,577.56 in undeserved travel reimbursement.
According to the commission findings, Darr had an outstanding debt of $114,751.83 that he had lent his 2010 campaign. During the debt-retirement campaign, the records showed Darr made loan repayments totaling $88,900 to himself and then spent $31,572.74 on personal expenditures, meaning he overpaid his personal loans by about $5,700.
The report letter also said Darr had repaid the majority of the personal expenses charged to the state-issued credit card.
The commission did not find reasonable cause to believe that Darr used his state-issued credit card for campaign expenses.
Front Section, Pages 1 on 01/01/2014