Earle to fight ‘fraudulent’ budget claim
Earle to fight ‘fraudulent’ budget claim
City attorney keeping busy with suits
news@theeveningtimes.com
Earle will have its city attorney defend them against a lawsuit which was filed by a resident claiming the city passed an illegal budget, and is still gathering information about a possible lawsuit by an inmate who claims he was injured while being transported.
The first lawsuit was filed by Frederick Pitchford against the city for illegal exaction. Pitchford claims the budget was “fraudulent” and that the city council “knowingly conspired” and harmed the city’s taxpayers when they removed $60,000 from other accounts in order to balance the budget.
The council had to cash in a $50,000 certificate of deposit in order to pay December’s and January’s bills.
Pitchford also charges that Mayor Carolyn Jones failed to submit a budget before Dec. 1 as required by law, then conspired with the council to pre-approve the budget.
The lawsuit also alleges that the city did not comply with his requests for information through the Freedom of Information Act for City Clerk Cynthia Conner’s adding machine tape, and that he was not allowed to speak at the budget hearings.
The city has the option of defending itself or to use the legal services through the Arkansas Municipal League which charges $3,000 per case.
Councilman Donnie Cheers asked whether City Attorney Davis Loftin could handle the case.
“Has our city attorney looked it over?” Cheers asked.
“Yes, I did,” Loftin answered. “This is one that I feel I can handle.”
Loftin also updated the council on his investigation into the second case involving the inmate.
Dwayne Buntin was in custody in the back seat of an Earle police car being transported to the county jail on July 31 when the officer hit a vehicle in front which had stopped suddenly at a yield sign on Hwy. 149 and 64.
Buntin claims that he sustained injuries and submitted the city with medical bills from a doctor’s visit several weeks after the accident noting neck and shoulder pain.
Buntin’s attorney sent the city a letter offering to settle for $50,000.
The incident was investi- gated by Arkansas State Police which found that the police officer was talking to Buntin at the time of the accident and was distracted when he rear ended the car.
The report noted that there was no damage to either vehicle and no paramedics were called to the scene.
Loftin said there is no evidence yet, however, that Buntin asked to be treated at the jail.
“We found out he stayed in jail for 25 hours and made bond,” Loftin said.
“The jail administrator said he has no record or recollection that the guy requested medical assistance in jail. He is going to do more checking. So that is all we know at this time.”
Loftin advised the council to take no action because the city has not been served with a lawsuit yet.
“It is my recommendation we wait and see if they come back to us with anything more or more medical records showing an injury to him,” Loftin said.
By Mark Randall
