Lawsuit seeks permanent injunction against the unauthorized spending of taxpayers' dollars

A lawsuit filed this week on behalf of a local citizen is seeking an injunction against the mayor and administration of the city of Fort Smith sfter several donations ere made from city coffers in defiance of state law.

Lawyers Joey McCutchen and Stephen Napurano, representing Jimmie Cavin, filed the lawsuit in Sebastian County Circuit Court against the City of Fort Smith for unlawfully directed taxpayer funds to private organizations and non-profits, including Mercy Hospital Ball, the Fort Smith Round Table Juneteenth Celebration, Steel Horse Rally, Inc., multiple golf sponsorship, Twisted Effects Braid Studio, LLC, and “Begin a New Generation ( BANG)”.

The items in question include two $5000 stables at the annual Mercy Foundation gala, money to pay registration for for city official's and administration to play in two seperate goldf tournaments, and $20,0000 donated to the 2014 Juneteenth Celebration commitee. The lawsuit also addresses monies given to a minority-owned limited- liability business for a back-to-school backpack project.

According to the complaint, the expenditures were made in violation of Article 12, Section 5 of the Arkansas Constitution , thereby constituting an illegal exaction under Article 16, Section 1.

You can reference the complaint by clicking the following PDF file:

Complaint.pdf

Download PDF • 15.13MB

 In essence, the lawsuit addresses more than $660,000 in unapproved expenditures through both the office of the mayor and the city administrator. The lawsuit seeks a permanent injunction preventing the city from "making donations, sponsorships or payment of public finds to any private entities or authorizing the expenditure of public funds for private purposes."

McCutchen said, “While charitable and private organizations serve laudable, important roles in communities, it is not role of role of government to decide which private organizations should receive taxpayer money. Taxpayers should have the freedom to decide for themselves whether to support certain charitable organizations, rather than having government officials make those decisions on their behalf using taxpayer money. For government to do so is unconstitutional in Arkansas.”