The Fort Smith Board of Directors met in a study session on Tuesday afternoon and added an item to the agenda for the July 11 meeting addressing Chief of Police Nathaniel Clark’s efforts to assume control of the hiring policies of the FSPD.
City directors Keith Lau and Mike Lorenz used the study session, which was supposed to be an opportunity to discuss replacing the antique steam engine at Creekmore Park and review the preliminary agenda for the July 11 bi-monthly meeting, to add in a request to hold discussion concerning the removal of local attorney Chip Sexton from the Civil Service Commission at the June 27 regularly scheduled meeting
Sexton is the law partner of contentious Fort Smith attorney Joey McCutchen, who appeared at a Monday afternoon Fort Smith school board meeting to address the legality of the district signing a contract with the city for recycling services.
In addition, McCutchen is the attorney of record for local retired businessman Bruce Wade, who has filed a lawsuit against the City for violations of the Freedom of Information Act concerning recent attempts by some board members to circumvent the Civil Service Commission and hand over hiring duties completely to Clark in an effort to promote diversity among the supervisory staff.
McCutchen also represents fired City of Fort Smith Sanitation Director Mark Schilevert, although currently there has been no legal action by Schilevert taken against the city.
The item, in which Lau called Sexton’s presence on the commission a “conflict of interest”, was added to the agenda after a second by Lorenz.
One city director, Andre Good, has already openly called for the dismantling of thee Civil Service Commission if Clark’s proposal isn’t granted.
In a 4-3 vote on June 20, directors Good, Penartz, Settle and Lau backed a “non-binding resolution” in support of the chief’s plan.
Sexton, who is the chairman of the commission, had already recused himself from participating in any actions regarding Clark’s proposal and any part of a meeting dealing with that issue will be chaired by fellow commissioner Patrick Cooper in the future.
The proposal by Clark to be allowed to make authoritarian supervisory hires at any level from sergeant and above was rejected at the latest Civil Service Commission meeting when no motion was made among the members to consider the matter.
In addition to Sexton and Cooper, members of the Fort Smith Civil Service Commission include Charlotte Tidwell, Orval Smith, Robert and Marty Shell.
Both the Fort Smith Fraternal Order of Police and the local firefighter’s organization has come out in opposition of Clark’s proposal.
