Cave Springs officials want lawsuit tossed

Cave Springs and city officials sued by the city recorder-treasurer have asked the federal lawsuit be dismissed for failure to state a claim.

Kimberly Hutcheson sued Mayor Travis Lee, the six-person City Council and two former council members in February claiming the mayor and other elected officials won’t let her do her job.

The lawsuit claims Lee and the council members violated Hutcheson’s constitutional rights by punishing her and restricting her ability to do her job. The defendants have denied the allegations.

“There is no legislative act from which the plaintiff can complain that she was punished. The recorder-treasurer ordinance repealed the alleged restraints on the duties of the recorder and treasurer and explicitly stated that the combined positions of recorder-treasurer would have the duties, not restrictions, of the two positions,” according to a brief in support of the motion to dismiss. “The restrictions that the plaintiff complains of are not found in a valid ordinance and therefore there is no legislative act for which plaintiff may file a bill of attainder claim.”

The motion, by Robert Rhoads, attorney for the defendants, contends Hutcheson took the job with a full knowledge of the duties. The motion contends steps had been taken to limit the duties of Hutcheson’s predecessor after the city council lost faith in her but the restrictions were repealed when Hutcheson took office.

“In the case at bar, Hutcheson did not forfeit her job, nor did she receive any reduction in salary. Further, Hutcheson was still allowed to perform her required job duties,” according to the brief. “The complaint fails to state any facts arising out of either ordinance at issue that prohibited the plaintiff from performing her job duties. Plaintiff’s allegations, even if taken as true, are at most dysfunctional bickering with defendant colleagues.”

The City Council voted in October 2015 to merge the recorder and treasurer positions. The council appointed Hutcheson, who already was serving as recorder, to be treasurer. However, the council failed to list the duties of treasurer as part of the merger, according to the lawsuit.

Hutcheson has worked as recorder/treasurer since without any ordinance or policy outlining duties for the treasurer, which led to Lee’s animosity against Hutcheson, according to the complaint.

The lawsuit, filed in U.S. District Court in Fayetteville, claims Lee locked Hutcheson out of City Hall for a week beginning Sept. 1, preventing her from accessing her computer and completing her duties.

Lee instructed Hutcheson to only reconcile the city’s bank statements and removed her payroll and human resources duties, according to court documents.

Hutcheson’s lawsuit also claims she believes a city police officer acting under Lee’s instructions served a code violation on her business. The officer also notified her a business license hadn’t been issued.

Hutcheson was elected to a four-year term Nov. 8.