One of Fort Smith’s faithful soldiers in the war against conflicts of interest probably needs to take a quick look at the Fort Smith Code of Ordinances when it comes to policies related to misuse of position. misuse of city assets, similar conduct and just conflicts of interest in general.
Position 1 Ward I City director Keith Lau, who owns and operates local real estate company Keith Lau Properties, has been replying to emails directed to him at the email address listed on the city of Fort Smith municipal website with responses that have an “electronic signature” with references and links to his real estate business.
You can view it in the image above or here.
The email address listed on the city website is a Gmail account and white it isn’t an “official” city of Fort Smith email account, it is the account he uses in response to questions about city business.
In replying to anyone who is contacting him about official city business with an “electronic signature” touting his personal business, Lau is violating several tenets of the Fort Smith Code of Conduct.
Appendix B of the Fort Smith Code of Conduct “sets out basic principles and standards of conduct to guide all elected officials, appointed officials, employees and volunteers who represent the city in any capacity.”
This includes “an officer, elected official, appointed official, employee, independent contractor, or volunteer of the city, including candidates for elected positions.” Board of director member is one of he nine categories listed of those expected to adhere to the code of conduct as outlined by the ordinance/
Section II, Paragraph A of the Code of Ordinances states: “Conflicts of interest also arise when a municipal representative or their relatives receive improper personal benefits with the city. In accordance with state laws, officers will disclose financial interests and they will abstain from participating in deliberations and decision-making where conflicts may exist.”
Section II, Paragraph B: “Impartiality in the performance of duties. Municipal representatives will perform their duties without regard for personal benefit.”
Section II, Paragraph B (in part): “Furthermore, a municipal representative may not perform an official act on behalf of the city, which act provides an economic benefit to a business or other undertaking in which he or she either has an interest or is engaged as counsel, consultant, representative or agent.
Section II, Paragraph F: “Misuse of position. All municipal representatives have a fiduciary duty to refrain from using their positions in any manner for personal or private gain or which is detrimental to the public good. Municipal representatives must be mindful that the appearance of impropriety can be as corrosive as an actual impropriety, and must strive to avoid situations which may create an appearance of impropriety.
Section II, Paragraph Q : “Retaliation. Municipal representatives shall not violate any federal, state or city laws prohibiting retaliation, including retaliation against whistle blowers or those filing claims against the city. Specifically, A.C.A. § 21-1-601 through § 21-1-609 will be enforced.”
Section II, Paragraph Q address retaliation and given the efforts of Lau and three other directors., some of their recent actions may fall within the legal perimeters of that section of the Code.
Clearly Lau, directors Mike Lorenz, André Good and Tracy Pennartz have all sought the removal of Chip Sexton, head of the local Civil Service Commission because they claim conflict of interest over a lawsuit filed by an attorney he shares office space with.
Section II,Paragraph R: “Similar conduct. Other similar conduct which threatens the public confidence in the integrity of government including but not limited to illegal conduct, conduct which puts self interest before public interest, or conduct involving dereliction of duties is prohibited.”
A verified complaint for the conflict of interest violations has been filed with the state ethics commission, city administration and city board of directors concerning the alleged conflicts.
