ROGERS -- The City Council could start discussions about the duties of its vacated city attorney seat through committee meetings, officials said following the council's meeting Tuesday.
Ben Lipscomb resigned from the position after receiving a $390,000 settlement payment that ended a federal complaint he filed against the city in November.
The City Council has taken little action to fill the position since it was vacated in January.
Justin Eichmann, an attorney contracted by the city, recommended that council members discuss duties for the position in a committee setting. Council members didn't take any action to move toward committee discussions Tuesday.
Clay Kendall, chairman of the Internal Affairs Committee, said he would contact Eichmann soon to discuss setting up a meeting.
Eichmann explained state statue doesn't require the city attorney position to be full time. He said also it doesn't define the duties a city attorney should have.
"Law requires you have an elected city attorney position," Eichmann said during the meeting. "It doesn't say how you should do that."
Duties for the city attorney position in Rogers has previously been full time. The person handling that position also oversaw all legal matters in the city. This could include prosecution in district courts, drafting of ordinances and resolutions along with advising city officials on legal matters.
Mayor Greg Hines has said he wants a staff attorney position which handles a majority of legal issues for the city. The position would be hired by the city and report to the mayor.
The cityhas a staff attorney position. Lipscomb said in his federal complaint that his rights were violated when the council transferred most of his duties to the staff attorney position. Three alderman signed affidavits as part of the lawsuit stating Lipscomb suggested the changes.
Tension between Lipscomb and city officials seemed to escalate after an investigation into a complaint Lipscomb used his city identification to enter a VIP tent during a concert at the Walmart Arkansas Music Pavilion in Rogers last summer.
A Springdale officer working security said Lipscomb showed a badge and she believed he was a law enforcement officer. Marc McCune of Crawford County, serving as special prosecutor, determined there was no reason to file a criminal complaint against Lipscomb for impersonating a law enforcement officer.
In another complaint investigated, a city employee claimed Lipscomb offered Xanax to him. William Horton, an attorney, also filed a complaint against Lipscomb for sending him "harassing" email about a district court case. No action was taken in either case.
Lipscomb received $148,257 with salary and benefits to work as a full-time city attorney. He was scheduled to receive a raise to $159,619. A part-time city attorney would receive a reduced salary or stipend, Hines said.
Hines said the city could consider reworking the city attorney position to look more like a model used in Bentonville allowing for more duties to be handled by a staff attorney.
Bentonville has been using a part-time city attorney since 2000. The position receives $1,200 a month, according to city ordinance. Duties outlined in the ordinance include ensuring meetings are done in a legal manner and ordinances and resolutions are drafted correctly.
A committee could take time to review options for the city attorney position, Eichmann said. He said it could then send a recommendation to the council for review.
Eichmann also said he believed the council was legally required to appoint someone to the city attorney position. He said the position would be up for re-election in 2016 and then again in 2018 when it would become a four-year term.
Betsy Reithemeyer, council member, said she agreed with Eichmann's recommendation to discuss the city attorney duties during a committee meeting.
"I think the process laid out was well through-out and researched," Reithemeyer said. "I look forward to the committee's recommendation."
NW News on 05/13/2015