Ouachita County Judge Mike Hesterly, who has served as the county’s top elected official for the past 17 years, plans to resign from office effective Thursday, citing “health problems, current circumstances and other concerns.”
Hesterly, 48, is awaiting trial on April 7 over accusations that Bearden contractor Harry Clemons Jr.’s company received $69,865 in Federal Emergency Management Agency funds to clean up storm debris in October 2009 in exchange for a contribution of more than $5,000 to Hesterly’s 2010 re-election campaign.
Clemons, 40, pleaded guilty last week in U.S. District Court in El Dorado to one charge of conspiracy to commit fraud in connection with federal disaster benefits.
He has not yet been sentenced. Clemons could face up to five years in federal prison and a fine of up to $250,000, according to court documents.
Hesterly recently asked the court to postpone his trial date because of pain from a November back surgery, but a ruling has not been made.
Hesterly was ordered not to enter the Ouachita County Courthouse, per the terms of his pretrial release. He has been handling county business from his mother’s Camden residence, where he has been on house arrest for more than a year.
In a letter to Ouachita County Quorum Court members filed Wednesday with the county clerk, Hesterly said he has “tried to give it my best … as you know, my health is not good. It is with a heavy heart that I take this irrevocable action. Please accept my gratitude for everything you all have done for me.”
Reached Friday afternoon, Hesterly said he had undergone a second back surgery this week and was recuperating.
“I am in a lot of pain right now and really have no comment,” Hesterly said. “I think the letter says everything that needs to be said right now.”
Federal prosecutors said Hesterly and Clemons violated the sealed-bidding process required by federal and state law, and that Clemons had Powell Emergency Services of Waldron and Booneville-based Hattabaugh Trucking submit intentionally inflated bids of $137,500 and $145,000, respectively.
Ouachita County received $91,842 from the Federal Emergency Management Agency in September 2010 to cover the federal government’s share of a $124,730 contract.
The next month, the county issued the $69,865 check to Clemons Construction, with the contract’s $54,865 balance awarded to Davis Dozer & Construction.
A superseding indictment against Hesterly and Clemons handed up in September added the charge of making a false statement. It was based on a November 2011 recorded conversation with FBI Special Agent Nick Powe, who questioned the men about the contract.
In a transcript of the conversation attached to the indictment, the men denied that Hesterly used the contract to solicit campaign contributions.
Justice of the Peace Fred Lilly, who has served on the Quorum Court for 20 years, has remained supportive of the county judge and said he will be missed.
“The man is innocent until proven guilty,” Lilly said. “I think it’s important that we all remember that. And I don’t think that had anything to do with why he stepped down. As he said, his health is not good, and he wants to spend more time with family.”
Ouachita County Justice of the Peace Dennis Truelove was elected around the same time as Hesterly and said the county judge has moved the county forward over the past two decades.
“We were financially bankrupt and in poor condition, and currently we are in one of the best financial conditions in our history,” Truelove said.
In a letter addressed to the residents of Ouachita County published Thursday in the Camden News, Hesterly highlighted accomplishments of his tenure.
“When we first took office, we only had an $18,000 surplus, but now we have in excess of $3 million,” Hesterly wrote. “We have built a successful government for the benefit of all our citizens.
“During this time, we tackled and accomplished many successes, including the refurbishment of our courthouse, construction of a new jail, construction of the Tate’s Bluff Bridge and total revitalization of our county highway and garbage systems. I have tried to give my best and provide the best service possible to the citizens of Ouachita County.”
Arkansas, Pages 9 on 03/29/2014