Two Rogers residents should not be allowed to intervene in the federal court fracas between city attorney Ben Lipscomb, Mayor Greg Hines and the city, according to a court filing.
Brian Ferguson and Ellen Turner, in their motion to intervene, said Lipscomb isn't qualified because he lives near Beaver Lake and isn't a resident of the city. They also claim Lipscomb doesn't do enough work to merit his being paid for being city attorney.
A city attorney must be a qualified voter in the city in which he serves according to state law. Ferguson and Turner contend Lipscomb voted in city elections using the address of a house he owns in the city but doesn't live in.
In a lawsuit response filed Tuesday, Lipscomb contends Hines and the city already raised the residency issue in their answer to his original complaint and need no help from Ferguson and Turner in presenting the argument at trial.
"The interveners can go sit across from him at his desk and watch him work every day," according to the response filed on behalf of Lipscomb by Doug Norwood. "The allegations that Ben Lipscomb does not work every day is not substantiated by any verifiable motion, affidavit or any competent evidence."
The response contends Ferguson and Turner are making illegal exaction claims based on state law and their proper remedy should be in state court, rather than as part of Lipscomb's federal lawsuit.
Tension between city officials and Lipscomb began to escalate when Lipscomb used his city identification to gain entry into the VIP tent at the Wal-Mart Arkansas Music Pavilion last summer. A Springdale police officer said Lipscomb impersonated a law enforcement officer. A special prosecutor declined to file criminal charges against Lipscomb.
Lipscomb and Chris Griffin, then a deputy city attorney, had conflicts, according to an email obtained under the Freedom of Information Act. Lipscomb suggested Griffin be made city staff attorney, and that many duties assigned to Lipscomb be transferred to Griffin, aldermen and Mayor Greg Hines have said. Aldermen agreed, created the position and transferred Lipscomb's duties.
Lipscomb, in November, filed a federal lawsuit against the mayor and aldermen claiming his Constitutional rights were violated when the majority of his duties were moved to Griffin. Three aldermen signed affidavits stating Lipscomb told each of them he suggested the changes.
A hearing on the lawsuit is scheduled for Jan. 20 in Fayetteville.
Ron Wood can be reached by email at [email protected] or on Twitter @NWARDW
NW News on 01/14/2015