ROGERS -- The City Council hasn't taken action to appoint a city attorney more than two months after Ben Lipscomb received $390,000 to resign from the post.
Lipscomb resigned in January after receiving a settlement payment that ended a federal complaint he filed against the city in November. He claimed the mayor and City Council had violated his civil rights when they transferred most of his duties to a staff attorney.
Mayor Greg Hines said part of the problem was that city officials weren't sure when the seat should be up for election. This is because Lipscomb's term was extended after the 2010 census, possibly in error, after it showed Rogers' population grew to more than 50,000. The population threshold triggers the two-year extension of terms for some offices so they coincide with presidential elections.
Hines said Lipscomb told officials after the 2010 census that his term should follow the same cycle as mayors and city clerks. The mayor and city clerk's terms were extended two years in 2014 because the population threshold had been reached.
Now, Hines said, officials believe Lipscomb's post should have been up for re-election in 2014. Lipscomb was last elected in 2010.
"[Lipscomb] should have ethically never opined on his own position," Hines said.
Lipscomb disputed in text messages that he made the decision regarding his own term, saying it was Benton County Clerk Tena O'Brien who did.
"She asked me, and I told her to check with the secretary of state," he wrote in the text. "She made the call."
O'Brien countered that she didn't make the decision. Her office notified Rogers in May that the city attorney seat was up for election that November. The decision not to hold the election came at the city level, she said.
Justin Eichmann, an attorney contracted by the Arkansas Municipal League to represent Rogers, said Wednesday after reviewing codes that he recommended that the city hold an election for city attorney in 2016, then again in 2018.
The city is required to hold an election for city attorney after the appointee's term expires. The person who wins that election in 2016 would serve until 2018. At that time, the position would convert back to a four-year seat, he said.
Eichmann said state statute says a city of more than 50,000 people should elect city attorneys at the same time as gubernatorial elections.
The city plans to follow Eichmann's recommendation, Hines said.
The City Council hasn't discussed the position since a February meeting. Several council members said Monday that they didn't know when a discussion on the position would occur.
Alderman Mark Kruger said he was unaware of what the law required in regard to appointing the position.
"I'm content with not filling it, unless the law requires us to do something before the next election," Kruger said.
Eichmann said his understanding is the City Council must appoint someone to the seat before the term ends.
"The law says 'shall,'" Eichmann said. "I think there is an obligation to do that."
Hines said he was waiting to move forward with an appointment until he had gotten Eichmann's advice.
"I didn't think there was any reason for [the City Council] to start talking about this position until I could tell them what they could do as far as filling the seat," Hines said.
It's likely that council members will be updated during the next meeting April 28, Hines said.
Hines has proposed making the city attorney a part-time, ceremonial position. A majority of the duties would be handled by a staff attorney who reports to the mayor.
The City Council must make the decision about whether to change the position, Hines said.
State Desk on 04/18/2015