Motion seeks to have Rogers council pick new city attorney

Lipscomb
Lipscomb

FAYETTEVILLE -- Two Rogers residents seeking to intervene in a federal dispute between Rogers City Attorney Ben Lipscomb, Mayor Greg Hines and the city amended their complaint Friday and now want a judge to declare the office vacant.

Brian Ferguson and Ellen Turner first filed to intervene Dec. 29, claiming Lipscomb isn't qualified for office because he lives near Beaver Lake and isn't a Rogers resident. They also claim Lipscomb doesn't do enough work to merit his being paid for being city attorney and any salary paid to him to constitutes an illegal exaction of public money.

Legal Lingo

Intervene

To obtain the court’s permission to enter into a lawsuit that has already started between other parties and to file a complaint stating the basis for a claim in the existing lawsuit. Intervention will be allowed only if the party wanting to enter into the case has some right or interest in the suit and will not unduly prejudice the ability of the original parties to the lawsuit in conducting their case.

Source: thefreedictionary.c…

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.

The amended motion, filed in U.S. District Court in Fayetteville, claims Lipscomb's term as city attorney expired Dec. 31 and they want an injunction prohibiting him from continuing in office.

"He has taken and continues to take actions that are contrary to, and in direct conflict with, the interests of the city of Rogers and its residents," according to the motion. "Lipscomb's actions include, but are not limited to, transparent attempts to disrupt the orderly administration of the city of Rogers and the Rogers Division of the Benton County District Court."

The motion contends Lipscomb's term as city attorney should not have been automatically increased by two years when the U.S. Census determined the city's population was 50,000 or more. Lipscomb's term began Jan. 1, 2011, and should have expired Dec. 31, rather than Dec. 31, 2016, according to the motion.

Ferguson and Turner contend the state law that extended the terms of mayor and city clerk in that situation does not apply to the office of city attorney and that Lipscomb decided unilaterally he should have two years added to his term in office.

"Lipscomb has deprived the residents of Rogers of the opportunity to elect a city attorney in the 2014 election cycle as required by Arkansas law," according to the motion. "Whether Lipscomb's actions were calculated and intentional or simply in error, they most certainly constitute a direct conflict of interest."

The motion asks a judge to order the city council to select an attorney who is a resident of Rogers to fill the remainder of the current term.

Ferguson and Turner contend Lipscomb's decision not to entertain plea bargains has caused chaos for the District Court and police and wasted taxpayers money in an attempt by Lipscomb to shut the court down. They also claim Lipscomb used his staff and office to prepare personal freedom of information requests aimed at interfering with the city's administration.

Lipscomb denied the claims in the initial motion to intervene.

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 transferred to another attorney.

Tension between city officials and Lipscomb escalated when Lipscomb used his city identification to gain entry into a 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. Three aldermen signed affidavits stating Lipscomb told each of them he suggested the changes.

A hearing on the lawsuit is scheduled for Tuesday in Fayetteville.

Ron Wood can be reached by email at [email protected] or on Twitter @NWARDW.

NW News on 01/17/2015

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