ROGERS -- Former City Attorney Ben Lipscomb took $500,000 in salary and benefits he wasn't legally entitled to, according to findings of the Arkansas Supreme Court Committee on Professional Conduct.
The committee on Friday reprimanded Lipscomb, fined him $4,000 and ordered him to pay $100 in case costs. The punishment resulted from negotiation between Lipscomb, his attorney Buddy Chadick and Stark Ligon, executive director of the committee.
In all, the committee found Lipscomb violated five ethics standards.
Lipscomb declined to comment Tuesday, and Chadick couldn't be reached for comment.
Lipscomb served as the elected Rogers city attorney from October 1997 until his resignation Jan. 30, 2015. He agreed to resign after a legal battle with the city. He received a $390,000 settlement from the city. In return, he agreed not to run again for public office in Rogers nor use an ID badge identifying himself as a city prosecutor.
The committee found Lipscomb was ineligible to hold the elected position after May 2011 because he no longer lived in the city. He was living full time at 6 Dearhurst Road, which is outside the city, according to the committee. He had lived at 4302 Mockingbird Lane in the city.
Lipscomb took about $500,000 of taxpayer money in gross salary and benefits to which he wasn't legally entitled during the time he lived outside the city, the committee found.
The committee also found Lipscomb violated state rules by:
• Suing his sole client -- the city of Rogers -- in federal court in November 2014, which was described as a conflict of interest.
• Using information gained from being city attorney against the city.
• Using a Rogers city employee under his direct supervision to prepare court pleadings in his case against the city and other documents for Lipscomb's personal business.
• Voting in a Rogers precinct in which he didn't reside in the Sept. 13, 2011, election.
Rogers Mayor Greg Hines on Tuesday referred questions to Justin Eichmann, one of the attorneys who represented the city in the lawsuit involving Lipscomb. Hines said he didn't want to violate any terms of the settlement with Lipscomb. Eichmann said the parties entered into a settlement that resolved all claims.
Lipscomb's residency was an issue raised in the case, but the settlement ended the case, Eichmann said.
The city wasn't involved in the committee's decision, which dealt with professional standards, Eichmann said.
Lipscomb filed a federal complaint in November 2014 saying his rights were violated by a City Council decision to give a majority of his duties to a new staff attorney position. Three council members signed statements saying Lipscomb recommended the changes.
Several issues led to the council transferring Lipscomb's job responsibilities and reducing his staff. Lipscomb acknowledged advice he gave Hines led to former Finance Director Jerry Hudlow being fired. Hudlow sued in U.S. District Court and was returned to his job and awarded $630,000.
In September 2014, a special prosecutor announced he wouldn't pursue criminal charges against Lipscomb. The investigation involved whether Lipscomb impersonated a police officer to gain access to a VIP tent at a Miranda Lambert concert at the Wal-Mart Arkansas Music Pavilion in Rogers.
NW News on 05/25/2016