FORT SMITH — Attorney Joey McCutchen is asking Daniel Shue, Sebastian County prosecuting attorney, to charge Fort Smith City Administrator Carl Geffken with a misdemeanor for removing the Flags Over Fort Smith display without public input or approval from city directors.
McCutchen claimed Friday that in doing so, Geffken repeatedly violated the Arkansas State Capitol and Historical Monument Protection Act.
The monument act became law in April 2021. It states that except as permitted by law or authorized under the Arkansas History Commission, a historical monument cannot be moved, vandalized, damaged, destroyed, removed, altered, renamed or otherwise disturbed. However, the act doesn’t prohibit a governmental entity having responsibility for maintaining a historical monument from taking proper measures for the protection, preservation, care, repair or restoration of a monument.
A Class A misdemeanor is punishable by up to one year in jail and a fine of up to $2,500.
Colby Roe, one of the city’s attorneys, wrote a letter on Geffken’s behalf to Shue, which said in part McCutchen is misrepresenting the issue either mistakenly or intentionally. He said the city didn’t permanently remove the display, but was waiting for further guidance from the commission.
Roe said there has been no violation on behalf of Geffken or anyone else in the city.
Shue did not return a phone call left Friday afternoon seeking comment.
McCutchen’s request comes roughly one week after a state panel decided the city must keep the Confederate flag as part of its Flags over Fort Smith display if the city wants to restore the monument at Riverfront Park.
The Flags over Fort Smith display featured flags that have flown over Fort Smith since 1699 and included the French Fleur-De-Lis, the Spanish Cross of Burgundy, the French Tri-Color Flag, the U.S. 15-star, 20-star and 24-star flags and the Confederate flag.
The commission’s decision doesn’t mean Fort Smith will be required to put the flag display back up — that decision rests with city officials — but if it does, the display must include the Confederate flag.
The waiver request determining the disposition of the Riverfront Park flag display was the first to go before the Arkansas History Commission since the Arkansas State Capitol and Historical Monument Protection Act became law.
The city tried to get new flags for the display two years ago, but learned the vendor no longer sold Confederate flags. The city decided the flags would not be reinstalled and instead decided to replace them with flags that represent the six branches of the military.
Geffken admitted to the commission the decision to remove the flags was his.