BENTONVILLE -- A former Rogers city attorney received $500,000 in salary and benefits even though he was not legally entitled to it because he no longer lived in the city, according to findings of the Arkansas Supreme Court Committee on Professional Conduct.
The committee issued an opinion Friday in which it reprimanded Ben Lipscomb, fined him $4,000 and ordered him to pay $100 in case costs.
Lipscomb and his attorney, Buddy Chadick, had entered into discussions with Stark Ligon, executive director of the committee, which resulted in an agreement on Lipscomb's punishment.
Lipscomb declined to comment in the case Tuesday night, and Chadick could not be reached for comment.
Lipscomb was the elected Rogers city attorney from October 1997 until his resignation on Jan. 30 of last year. He agreed to resign after a legal battle with the city. He received a $390,000 city settlement. In it, he also agreed to never again run for public office in Rogers and to never again use an ID badge identifying himself as a city prosecutor.
According to the committee's findings, Lipscomb was ineligible to hold the elected position after May 2011 because he no longer lived in the city. Instead, he was living full time at 6 Dearhurst Road, which is outside the city limits, according to the committee's opinion. He previously had lived at 4302 Mockingbird Lane near Olive Street in the city.
Lipscomb accepted and received about $500,000 in gross salary and benefits, which were public funds to which he was not legally entitled, the committee found.
The committee also found that 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 obtained from being city attorney against the city, which was a disadvantage to 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 voting precinct in which he did not reside in the Sept. 13, 2011, election.
On Tuesday, Rogers Mayor Greg Hines referred questions to Justin Eichmann, one of the attorneys who represented the city in the litigation involving Lipscomb.
Eichmann said the parties entered into a settlement that resolved all existing and future claims.
Lipscomb's residency was an issue raised in the case before it was settled, Eichmann said.
The city was not involved in the committee's decision, which dealt with professional standards, Eichmann said.
Lipscomb filed a federal complaint saying that his rights were violated by a City Council decision to move a majority of his duties to a new staff attorney position. Three council members signed statements saying that Lipscomb had recommended the changes.
Several issues led to the council transferring Lipscomb's job responsibilities and reducing his staff. Lipscomb acknowledged that 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.
Metro on 05/25/2016