Two days after declining to quit as the state’s lieutenant governor, Mark Darr is reconsidering that decision, Senate President Pro Tempore Michael Lamoureux, R-Russellville, said Thursday.
Darr “has to decide whether he wants to resign or proceed in dealing with an impeachment trial,” Lamoureux said after he spoke with the Springdale Republican earlier Thursday.
The lieutenant governor wants to do “the right thing” but isn’t sure what he’ll do, Lamoureux added.
Darr announced Tuesday that he wasn’t quitting as the state’s second-ranking elected official, after he agreed last week to pay an $11,000 fine to the Arkansas Ethics Commission, the largest it’s ever levied against an elected official, for violating 11 state ethics laws and regulations. His announcement led House Republican leader Bruce Westerman of Hot Springs to declare that it’s inevitable that the House will impeach Darr unless he submits his resignation before it acts.
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Mark Darr
Darr has said he’s remaining, in part because it would cost the state more than $1 million to hold a special election to replace him if he leaves the post and its $41,896 annual salary.
But Lamoureux said Thursday he’s been advised by an attorney for the Bureau of Legislative Research that Darr could help forestall a special election for lieutenant governor under state law by waiting a few months to resign. But Darr is considering resigning sooner than that, Lamoureux said.
State law wouldn’t require a special election if Darr resigns within 150 days of the Nov. 4 general election, Lamoureux, an attorney, said. Darr’s term ends next January.
Darr could not be reached for comment by cellphone late Thursday. His office declined to respond to a written question about whether Darr is discussing a potential timetable for stepping down.
An ally of Darr’s, Sen. Bart Hester, R-Cave Springs, said Thursday that Darr probably should tender his resignation sooner rather than later if he intends to exit. A quicker departure would be easier for Darr and his family than a slow one, he added.
“The pressures are real,” he said. “I think we would like to see him come out with his head held as high as possible. It’s not like he’s going to win. You hate to see a guy beat down over it.”
Earlier in the day, House Speaker Davy Carter, R-Cabot, declined to say whether he’s been speaking with Darr in the past day or so. Asked whether he’s negotiating with Darr for a timetable for his resignation, he said, “I am not negotiating anything.
“Everybody has got an opinion and an idea of what to do,” Carter said. “It seems like it changes every five minutes. [There are] a lot of different opinions on the matter.”
Carter, a banker and attorney, said he hopes to appoint in the next few days a committee to make procedural recommendations to the House Rules Committee in case the House pursues impeachment of Darr. No one has ever been impeached in Arkansas under the current constitution, written in 1874, he said.
Democratic Gov. Mike Beebe said the law may require him to declare a vacancy and then call a special election if Darr departs.
“We might need [Attorney General Dustin McDaniel] to tell us something. From our reading of the statute, it looks [as if] you have to have one if you can have one within 150 days [of declaring a vacancy].”
In August 2006, then-Republican Gov. Mike Huckabee declined to a call a special election to fill the remainder of then-Republican Lt. Gov.Win Rockefeller’s term, after his death in July 2006, upon the agreement of both political parties.
Beebe said he’s not talked with Carter and Lamoureux about anything related to Darr resigning.
Asked Wednesday whether he’s prepared to be impeached, Darr told a Northwest Arkansas television station, “You know, I’ve gone both ways on this.
“There’s a part of me that says yes let’s take that easy way out and head to the hills. But my wife Kim has really encouraged me. I’ve had numerous state senators, numerous state representatives, who have called and said people are making this a political game. But whether it comes to that or not, that’s going to be a decision for Kim and I at that appropriate time,” Darr told KOLR10 sister stations KNWA and Fox 24 in Fayetteville, according to their website.
Asked whether he’s hurting the state Republican Party by staying in office, Darr on Wednesday said, “I believe there are three types of people who are asking for my resignation. Purely political people, people ignorant of the actual facts, or people making a purely emotional response. I believe that’s a political outcry. I was elected to be lieutenant governor of Arkansas, not lieutenant governor of the Republican Party.”
Over the past week and a half, the state’s entire congressional delegation, Beebe and numerous candidates for statewide offices and legislators from both parties have called for Darr’s resignation.
Thursday, two 2nd District congressional candidates - banker French Hill of Little Rock, a Republican, and former North Little Rock Mayor Patrick Hays, a Democrat - suggested that Darr quit, a day after another 2nd District congressional candidate state Rep. Ann Clemmer, R-Benton, said Darr should resign.
Hill said Darr hasn’t met the highest standards for ethics and accountability expected of elected officials by his own admission.
“Our legislative leaders appear headed for an impeachment proceeding. Our small state should not have to endure the emotional, reputational or financial cost of an impeachment proceeding. Mr. Darr should spare us thispain by his prompt resignation,” Hill said in a written statement.
Hays said it’s best for Darr to resign based on the findings of the Arkansas Ethics Commission and Division of Legislative Audit.
“This is not a partisan issue. It’s an issue of the integrity of our government officials,” he said in a written statement.
“Republicans and Democrats have called for the Lieutenant Governor to resign, and many in his own party have gone so far as to say they would support his impeachment should he remain in office. Mark Darr’s actions have violated the trust of Arkansans and they deserve better.”
The state Ethics Commission issued Darr a public letter of reprimand last week and fined him $11,000 for the violations, which included improperly using more than $31,000 in campaign funds, using a state-issued credit card for more than $3,500 in personal purchases and receiving more than $3,500 in improper travel reimbursements.
Darr has said he didn’t intentionally take money that he was not entitled to, and blamed inadequate record keeping and campaign-finance reports for the violations.
Last month, auditors for the Legislative Audit Division reported that Darr received $9,298 in improper mileage reimbursements for more than 22,000 personal vehicle miles and made personal purchases on a state-issued credit card for more than $2,500. They recommended Darr reimburse the state $9,836 for excess travel reimbursements and expenses. Darr said he plans to reimburse the state soon.
Front Section, Pages 1 on 01/10/2014