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Writer's pictureDennis McCaslin

Multiple FOIA requests failed to shed much light on "resignation" of former Fort Smith city prosecutor


Rita Howard-Watkins

By Dennis McCaslin - Editor and Publisher


Despite three attempts to garner information through Freedom of Information requests on the employment separation of former city prosecutor Rita Howard - Watkins and the City of Fort Smith, little more is known about the situation than was on the day Today in Fort Smith first broke the news July 17. 


Howard-Watkins, who was hired to the post on October 4, 2022 at an annual salary of $101,500.10, apparently left employment with the city on July 17 when she tendered her letter of resignation, which was apparently accepted by City administrator Carl Geffken and city of Fort Smith human resources director Rick Lolley.


The former city prosecutor had become somewhat of a controversial figure after a number of events and issues during her tenure. 


Howard - Watkins, was accused of showing favoritism to her friends and supporters during an incident in which a family's pet exotic cow was killed by dogs belonging to a Fort Smith couple. Fort Smith City director Robin Catsavis called for the resignation of Howard - Watkins for her handling of the matter, which made headlines all across the United States including an article in USA Today. 


Behind the scenes, reports surfaced that numerous police officers complained over the two-year plus tenure of Howard - Watkins of unprofessional behavior, unwillingness or inability to prioritize and effectively prosecute crimes, and inattention to detail that allowed some cases to be dismissed or forgotten. 


One Fort Smith resident, who asked to remain anonymous, said he essentially served 45 days for a misdemeanor that is usually punished with 30 days in jail. The individual said the explanation he was given was "that someone in the prosecutor's office had forgotten to file the proper paperwork".


Today in Fort Smith made formal Freedom of Information requests on three different occasions in an effort to obtain information concerning the end of employment for the former city prosecutor. The city information desk failed to respond to our first request, (however, the city maintains they never received the first request).


On the subsequent requests, TIFS also sent copies of the request through the city of Fort Smith website portal and also copied those requests to all seven City directors, city administrator Geffken, mayor George McGill, the Arkansas Attorney General's office, and our business attorney. 


After the second request, the city responded simply with Howard - Watkins letter of resignation. After submitting the third request, the city responded with slightly more information, highly redacted, and without some of the information we were told should have been contained in her personnel file. 


You can view that redacted file here:


For example, in our third FOIA request we asked for any communications from citizens or the public concerning complaints made against Howard- Watkins involving interactions with the public or her job performance. We also asked for any paperwork showing any disciplinary notes, memos, or information added to her employment jacket during her period of employment. 


Absolutely nothing was returned to TIFS regarding those specific requests, when at least two citizens have verified they wrote letters of protest to the city regarding the handling of the situation surrounding the death of the exotic cow. 


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The redacted personnel file obtained in response to the third FOIA request contained a letter dated October 4, 2022 from Geffken informing Howard-Watkins of her hire and welcoming being her to the city staff.


The letter informed her of her salary, benefits (including a $450 a month car allowance) fully insured benefits after the first 60 days of employment, inclusion in the city 40a retirement plan, a vacation schedule including 15 days which began on her first day of employment, sick leave benefits, as well as notification that her State Bar dues do's and Bar Association fees would be paid by the city of Fort Smith. 


The packet also included an affirmative action statement of purpose listing race/ethnicity and signed by Howard-Watkins on October 22. She also completed a contact information sheet, signed an acknowledgment of information on being instructed on the safety rules and procedures related to the job, and received and acknowledged being issued a human resources policy handbook.


Hioawrd-Watkins also signed a standard document defining professionalism and listing 13 different traits to be followed as part of her daily interactions with citizens and coworkers. As a standard procedure, she also acknowledged receiving a copy of the city of Fort Smith fraud policy. 


The only entry on a conflict of interest disclosure form showed a relationship between Howard - Watkins and the Western Arkansas Counseling Guidance Center. 


An employment eligibility verification form issued by the Department of Homeland Security and US Citizens and Immigration Services was signed, dated and acknowledged by Howard- Watkins.


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However, even though she received her letter of acknowledgment of hiring on October 4 and signed numerous other documents over the next two weeks., the packet also includes a letter to the Social Security Administration dated October 24th in which Howard - Watkins applied for a replacement social security card. 


The only other items included in the packet provided in response to the FOIA request was a copy of her original application and resume for the position and her signed and dated letter of resignation which was tendered on July 16th 2024.


Today in Fort Smith also asked for all inter- office communications, memos, emails, and correspondence concerning the separation of employment situation, and we were provided with very little information in that regard. 


One email document, written by Chief Human Resources Officer Rick Lolley to Geffken and City Attorney Doug Carson on July 18th inform the recipients that Lolly had talked to Rita Watkins on July 17th. 


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"She was very pleasant. She said she had no personal or professional hard feelings, she knows we were just doing our jobs", stated Lolley. 


This seems to contradict a statement made by Howard - Watkins herself on July 17th in which she implied racism was involved with her no longer being with the city. On a social media post, Howard - Watkins voiced sentiments that would lead one to believe that she did not leave the position voluntarily as a city would have us believe. 


In the email from Lolley to Geffken, the human resources director said Watkins was "having a lawyer review the separation agreement, that she had some questions about the separation agreement, and that she did not know whether or not the agreement was negotiable."

 

She also informed Lolley during that telephone conversation when she returned to town on July 26 she would bring back the city owed property that she had in her possession and would get her personal items from her office. She asked if Fort Smith Police Department Captain Wendell Sampson could escort her to her office at that time.


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The information provided by the city of Fort Smith also including an email from Geffken to District Judges Amy Gimes, Wendy Sharum, and , Samuel Terry, and Fort Smith Chief of Police Danny Baker. 


In that email, dated July 17, Geffken discussed reporters calling seeking information about "Rita". In the same email Geffken spoke of talking with people in the prosecutor's office about adjusting their workloads and finding someone to serve as the interim City Prosecutor. 


As of this writing, no one has been named to the city Prosecutor's job. 


This continues to be a ongoing story of interest and we will continue to seek more information to provide to the public as it becomes available.





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