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Gwen Skowron
TUESDAY, March 19, 2019 / Vol. 5 Issue 12 / 75 cents
JPs uphold firing in 4-plus hour hearing Insubordination or politics? Twenty-two year county employee Craig Clute was fired on Feb. 6, 2019. Van Buren County Judge Dale James cited reasons including failing a drug screening, insubordination, creating a toxic workplace, theft of county time and using county equipment for personal reasons. Clute says it was retaliation because he supported former county Judge Roger Hooper in the 2018 election. He claimed his constitutional right to free speech and political patronage were violated. Clute was represented at a March 11 grievance hearing before the Van Buren County Quorum Court by Clinton attorney Ralph Blagg. James was represented by Carol Crews, who is the 20th Judicial District prosecuting attorney and serves as the county’s attorney. The hearing lasted more than four hours and James’ decision was upheld. Two justices of the peace, Brian Tatum and Gary Linn, were absent and Dell Holt presided over the hearing since James was a witness. The question was
this: Was Clute’s firing legal and constitutional? Blagg noted that as soon as James took office, he placed Randy Ward, who had supported James’ campaign, in the role of Road Department superintendent. Clute was reassigned as quarry supervisor, even though Van Buren County has not had a quarry for several years. For her part, Crews stated many times that Arkansas is an “at-will” state and it didn’t matter if other justices agreed with James’ decision as long as he didn’t violate the law. She said elected officials have a lot of discretion about who they want working for them, and noted the burden of proof was on Clute to prove county policy or his legal rights were violated. On Jan. 30, James ordered what he said was a “random” drug screening for the entire road department. In answer to questioning from Blagg, James said random drug testing meant it was done on a random day, not for random employees. In a urine test at the sheriff’s office, Clute’s test came back posi-
Quorum Court members take part in a grievance hearing for a terminated employee. (Photo courtesy of Warren Johnson)
tive for THC, according to testimony. A second test, with a kit bought at Walmart, was negative, and a third was “iffy.” Clute then was sent to a doctor’s office and a test there about five hours after the first test, was negative. James acknowledged that he had not followed county employee handbook policy on using Department of Transportation procedures, and in later testimony officials from the sheriff’s office said they did not know what DOT policy was. Crews acknowledged that handbook policy was not exactly followed and said the county has offered to remove the drug screening as a reason for termination. Before the lab re-
sults from the doctor’s test were in, Clute was placed on paid suspension on Jan. 30. When Clute got the negative result from the doctor’s testing, he went to James’ office expecting to be reinstated. Instead, he was met with a list of reasons he was being terminated. None of the alleged infractions had been documented, Clute said. One of those reasons was because he took a road department worker, Damien Weaver, to a doctor’s appointment for his broken thumb without clocking out and in a county vehicle. Clute admitted as much. He said in the 22 years he had been in the department, such actions were common. He and Weaver
2 charged after fleeing
Appreciation quilts - Vietnam veterans Jackie Williams (left) and Wayne Beavers were presented with Quilts of Valor recently. Donna and Mike Bryant and Becky Burgess, members of A Second Tour, Quilt of Valor, group presented the quilts to the Army veterans. (Photo from Facebook)
The Van Buren County sheriff’s office arrested two men March 13 on multiple charges after their vehicle fled from deputies, according to an arrest affidavit. A deputy got behind a silver Chevrolet car with a taillight out on Highway 65 near Clinton Feed. The vehicle turned on Shake Rag Road and did not stop, the report states. The car turned on Quality Drive and went through the four-way stop without slowing, the report says. It then went down Highway 336 to Scotland-Formosa Road as items were tossed out the window, the affidavit states.
Homecoming talk begins at Shirley The annual Shirley Homecoming was a topic for discussion at the March 11 City Council meeting. Red River 4-H leader Ginny Stone said her group has been learning about box turtles or terrapins. She said they are concerned that the terrapins may be killed or harmed by being used in the Homecoming’s traditional Turtle Races. The children compiled a list of other games that could replace the races. The council said it would take the suggestion under consideration.
The city also was asked to define what is meant by a float in the Homecoming parade. Various participants stated the concern that the winners chosen the last few years were not floats. Council members stated that the requirements to be considered a float would be further defined. In old business, the proposed transfer of the Shirley Water System (together with the rights to operate the system) to Community Water is almost complete. Attorney Matt Gilmore compiled the steps required for the transfer. Mayor Lisa Hack-
ett read through the list of signatures totaling 51 percent of the majority in value of property owners inside the Shirley City limits and Recorder/Treasurer Melissa Worthing followed the names read with the value amounts. To constitute 51 percent of the majority in value the city had to collect $1,084,215 of property owners in value. Worthing stated that the amount in value of the signatures received was $1,104,070, which was $19,855 above the amount needed. The council members unanimously agreed that the total signatures re-
The car drove through the intersection with Highway 95 West to Low Gap Road without stopping, the report states. The car turned on Highway 16 and traveled on the wrong side of the road for a couple of miles before turning on Highway 27 South toward Tilly. The car then turned onto Star Mountain Road in Searcy County before driving into a ditch and coming to a stop. The driver was identified as Anthony Glenn Smith Jr. and the passenger as Kyle Andrew Ring. In the car deputies spotted a small bag with a white crystal ceived met the requirement. Hackett read through Resolution 2019-03 making determinations with the respect to the transfer/ sale of the towns water system, and a motion was made to adopt it. All council members voted in favor. Councilman David Cook was absent. Following the required 30-day waiting period, the May billing should be the last billing from the Shirley Water System. The first billing customers will receive from Community Water System will be the June 2019 bill.
both said they were given permission to go in the county truck without clocking out by Ward. In his testimony, Ward denied giving them that permission. Clute and Weaver said the appointment took about 15 to 20 minutes. Weaver was issued a verbal written warning but was not fired. In his testimony, Weaver said he felt he should have received the same treatment as Clute. James said more was expected of Clute because he was a supervisor. James said he addressed “theft of county time” and using county equipment for personal reasons at a Jan. 2 meeting he held with all employees. He said he told everyone they were startsubstance, a hypodermic needle and a homemade pipe, the report states. Smith Both men denied the items belonged to them. After arriving at the jail, Ring was behaving aggressively toward jail staff and the deputy and told one detention officer that he was going to kill her, according to the affidavit. Ring, 25, of Morrilton has been charged with terrorist threatening, a Class D felony, possession of a controlled substance, a Class D felony, possession of drug paraphernalia, a Class D felony, and misde-
100th birthday
Retired teacher Hazel Burnett is turning 100 years old on March 19, 2019. She taught third grade at Clinton Elementary for many years and is the oldest member of the Van Buren County Retired Teachers and School Personnel Association and one of the oldest members of the Arkan-
ing with a “clean slate,” and he said he did not know or care who Clute supported in the election. Crews said there was “no evidence” of retaliation. She said a quarry had been something James had campaigned on, so making Clute the supervisor was not a demotion. James testified that Clute’s dismissal took a “heavy toll” on James. In closing statements, Blagg said James wanted to get the quarry up and running and that Clute had the skills and knowledge to oversee it. Blagg described Clute’s firing as “kind of like a witch hunt,” and suggested “progressive See hearing on page 11
Ring meanor possession of drug paraphernalia. His plea and arraignment is set for April 29 in Circuit Court. Smith, 32, of Harrison has been charged with fleeing, a Class D felony, possession of a controlled substance, a Class D felony, two counts of possession of drug paraphernalia, a Class D felony, and reckless driving, a misdemeanor. His plea and arraignment is also set for April 29 in Circuit Court.
sas Retired Teachers Association. No public celebration has been announced but cards are welcome. Send them to P.O. Box 42, Clinton, AR 72031. Another notable birthday is that of Danece Bowling who turns 97 on March 20. Happy birthdays, ladies.
Diamond Jackets Abby Tharp on the mound for the Lady Jackets. See Page 5 for more photos by Robert R. Gaut.