FORT SMITH -- City directors scheduled an executive session for next week to discuss the removal of the chairman of the Civil Service Commission because of a potential conflict of interest after an attorney he shares offices with filed a lawsuit against the city over issues involving the commission.
City Director Keith Lau made the request at the end of a city study session Tuesday to discuss removing Chairman Chip Sexton "for cause, and that cause being a conflict of interest because he's a law partner in a firm that is suing the city."
He said the directors needed to have the discussion, probably get guidance from City Attorney Jerry Canfield on conflict of interest and make a decision.
Lau said he called Sexton last week and told him he believed it was a conflict of interest for Sexton to continue to serve on the commission.
Attorney Joey McCutchen filed suit in Sebastian County Circuit Court last week against the city, saying that city directors violated the Arkansas Freedom of Information Act by conducting city business through emails that should have been conducted in public.
The emails that were sent to City Administrator Carl Geffken and the seven board members called for the dissolution of the commission after its members failed to act on a request by Police Chief Nathaniel Clark last month to change commission rules to allow people outside the department to apply for supervisory positions on the force.
Sexton said Tuesday that he did not think there was a conflict of interest in his serving on the commission while McCutchen sues the city. He also said he did not believe the directors would get the five votes necessary to remove him from the position.
Sexton said he is not McCutchen's law partner. They merely occupy the same offices as a cost-saving measure, he said. Sexton said he had no control over McCutchen and would not make or lose any money whether McCutchen prevailed or not in the lawsuit.
Sexton said he has dedicated his time without compensation to do what he believes is best for the community.
State Desk on 06/28/2017