LITTLE ROCK — A state legislator whose son’s business has an unemployment-benefit case pending at the state Court of Appeals called an employee of the court, told her he was a legislator and would “hold somebody’s budget up” until the state’s unemployment benefit system is fixed, the employee said Thursday.
The caller was state Rep. Denny Altes, R-Fort Smith, and the appeals court employee was Chief Deputy Lynda Boone, who described Altes’ call as “terribly inappropriate.”
The case is Altes Sanitation Service’s appeal of a state Board of Review ruling that dismissed the company’s appeal of a decision by the Arkansas Appeal Tribunal, which overturned the state Department of Workforce Services’ decision to deny benefits to a former company employee.
The legislator didn’t say which agency’s budget he intended to “hold up” and Boone “couldn’t say” whether she took his remarks to mean that he intended to hold up the court’s budget, she said.
“We haven’t done anything yet” with the unemployment-benefit case, she said.
Their conversation took place Monday. Each of them confirmed on Thursday to the Arkansas Democrat-Gazette that it occurred.
Boone said she reported Altes’ remarks to Larry Vaught, chief judge of the court, and she said he thanked her “for apprising him of the situation.”
Vaught said later in an interview with the newspaper that he agreed with Boone’s assessment that Altes’ remarks were inappropriate.
Altes initially told the Arkansas Democrat-Gazette on Thursday that he didn’t remember whether he said he would “hold somebody’s budget up” when he talked with Boone.
“I said, ‘We need to get people’s attention because they are paying benefits when they shouldn’t be paying benefits,’” he said.
But Altes said in a subsequent interview Thursday that he told Boone that he might have to “hold up” the state Department of Workforce Services’ budget during budget hearings prior to the fiscal legislative session of 2012.
“I didn’t threaten her,” Altes said. “I didn’t threaten anybody.”
Altes said he made it clear to Boone that he wouldn’t hold up the court’s budget.
Boone said it also was “terribly inappropriate” for Altes to identify himself to her as a state representative.
But Altes said he always identifies himself that way in his dealings with state government officials and he doesn’t believe that he didn’t anything wrong.
The Legislature’s fiscal session starts Feb. 13 after budget hearings for state agencies begin sometime in January, according to the Bureau of Legislative Research. The Legislature will set the budgets for state agencies for the fiscal year starting July 1, 2012, during its fiscal session.
According to appeals court records, Altes Sanitation Service of Fort Smith - owned by Robert Altes - is appealing the state Board of Review’s ruling that the company was late in appealing a decision by the Arkansas Appeal Tribunal that reversed the Workforce Services Department’s determination and granted benefits to Bobby Gaines of Fort Smith on the basis of a finding that Gaines “was discharged from last work for reasons other than misconduct connected with the work.”
In the case, the board concluded that the company’s appeal to the board was filed late because company President Robert Altes did not receive the Appeal Tribunal decision from the company bookkeeper in a timely manner.
Gaines worked as a driver for Altes Sanitation Service and was attacked by laborer Blake Carbury while on the job and fought back when he realized that Carbury was trying to harm him, according to a hearing officer for the Arkansas Appeal Tribunal.
Gaines “acted purely in self defense” and “has an inherent right to defend himself from harm,” hearing officer Keith Mathis ruled. “Therefore, [Gaines] was discharged from last work for a reason that does not constitute misconduct in connection with the work.”
Robert Altes said in a letter dated June 22 and filed with the appeals court that “we agree with the initial decision to deny benefits to Mr. Gaines. I feel that he is receiving unemployment on a technicality.”
Boone said she initially thought the purpose of Denny Altes’ call was to get information about the case and she explained the process to him and then he expressed his displeasure with Board of Review’s ruling and said the benefits system “was really broken.”
She said she wasn’t sure what the purpose of his call was or why he told her that he was a state representative.
Boone said she wasn’t intimidated by Altes’ remarks.
“I am not usually intimidated unless my job was at stake,” she said.
Altes said he told Boone that “we had some additional information for the court records,” including a police report and written statements from other employees.
He said he plans to “bring forth ideas” about the unemployment-benefit system during the budget hearings.
“I think the unemployment services are way too lax,” he said, noting that he filed a handful of bills earlier this year to change the system.
A spokesman for the Workforce Services Department declined to say whether department employees have received complaints from Denny Altes about the unemployment-benefit case involving his son’s company, citing the pending legal matter.
The state’s debt to the federal government for unemployment benefits is about $330 million, spokesman Kimberly Friedman said.
Arkansas, Pages 9 on 09/16/2011