Fort Smith Attorney Joey McCutchen joins Conduit News to provide viewers with an important update regarding a Fort Smith City Board of Directors ote happening tonight — Tuesday, November 19, 2024 — in which the board will vote to ratify what McCutchen says — are illegal actions taken by the city and the city administrator.
Fort Smith resident Brian Westney recently filed a lawsuit in the Sebastian County Circuit Court against the city and the City Administrator, Carl Geffken, over the EPA Grant program, saying the city and the administrator exceeded authority by accepting this grant without going thru the proper channels and necessary approval from the FS Board of Directors.
Dear Members of the Fort Smith Board of Directors,
I am writing to express my concern regarding the ongoing attempt to ratify the actions of City Administrator Carl Geffken, specifically relating to the Memoranda of Agreement (MOAs) entered into without prior approval by the Board.
As you are aware, this matter is the subject of an active lawsuit, and any attempt to retroactively validate these actions may not only appear procedurally questionable but could also raise significant public concerns. From the perspective of Fort Smith’s citizens, such actions may seem like an attempt to shield past misconduct from accountability. This perception risks further eroding public trust in our local government.
By choosing to ratify these actions, the Board may inadvertently subject the city to:
- Increased Public Scrutiny: The citizens of Fort Smith are deeply invested in transparency and integrity. Efforts to ratify what many perceive as an abuse of authority could lead to public outcry, protests, and reputational damage to both the Board and city leadership.
- Political Backlash: Local political dynamics are already sensitive. Any appearance of shielding questionable actions may amplify dissent among constituents, leading to challenges during upcoming elections or in other forums.
- Additional Legal Challenges: While ratification is legally possible in certain cases, courts often scrutinize such efforts to ensure they are not used to sidestep accountability. This action may not only impact the ongoing litigation but could also lead to further legal disputes, consuming more city resources and taxpayer funds.
Given these risks, I urge the Board to carefully reconsider the path forward. This is an opportunity to demonstrate a commitment to transparency, accountability, and the responsible governance the citizens of Fort Smith expect and deserve.
If the MOAs in question serve a legitimate public interest, a more transparent process that openly addresses the procedural missteps could help restore trust and avoid further controversy. I strongly encourage the Board to act in a way that reinforces its accountability to the public and aligns with the principles of good governance.
I trust you will carefully weigh these considerations. Thank you for your time and attention to this important matter.
Sincerely,
Brian Westney
