LR director says board ‘tricked’ in settling suit

Kumpuris: Troubled over handling of Blackshire case

Little Rock City Director Dean Kumpuris on Tuesday criticized the process by which outside lawyers reached a settlement agreement, unbeknownst to the board, to end litigation against Little Rock brought by the estate of Bradley Blackshire, at one point saying members had been “tricked.”

And although Kumpuris indicated he was troubled by how the settlement was handled, he said he would not be offering a resolution on the matter.

“I think we just need to suck it up, swallow hard,” Kumpuris said. “We’ve been tricked. It’s been done, and let’s move on.”

His comments at Tuesday’s city board meeting launched another round of discussion of the controversial settlement as officials asked about the city manager’s authority to make payments under a certain threshold and settle litigation without the board’s knowledge.

Those questions did not seem to get fully resolved Tuesday. Nevertheless, at one point, members in a voice vote gave approval to a motion City Manager Bruce Moore had requested authorizing him to execute the settlement agreement.

Earlier in the meeting, Moore had indicated that the agreement with the Blackshire family was recently executed.

During the meeting, Moore indicated he disagreed with City Attorney Tom Carpenter’s view on how the settlement ran afoul of established procedure. Mayor Frank Scott Jr. at one point asked Moore to engage an independent lawyer or law firm to look into some of the legal questions.

Kumpuris serves as one of the board’s three at-large members. Immediately after his remarks toward the start of the meeting, Scott said, “This city board was not tricked,” and added that his Office of Executive Administration fully complied with the law.

Blackshire, a 30-yearold Black man, was fatally shot by then-officer Charles Starks, who is white, in 2019 while driving a vehicle that had been reported stolen.

The city, Starks and then-officer Michael SimpEconomic

son — the first officer to arrive at the scene as backup — were sued by Blackshire’s family after the shooting in U.S. District Court for the Eastern District of Arkansas.

In August 2020, Carpenter withdrew as the city’s counsel in the litigation because of a conflict, anticipating the complications separate litigation filed against Police Chief Keith Humphrey by other police officials would bring to the city’s defense against the Blackshire suit.

As a result of Carpenter’s recusal, the city turned the litigation over to the Arkansas Municipal League and its legal defense program, which tapped lawyers from two outside firms.

The federal judge overseeing the case wrote in the public court docket last month that a settlement had been reached.

The outside attorneys representing the city later told the city board that the judge’s statement caught them off guard and suggested the public disclosure of the settlement was something they had sought to avoid at the time.

Bill Mann, senior litigation counsel for the Municipal League, told city officials at a meeting last month that they had wanted to keep the matter out of the press and inform the board at the appropriate time.

In statements last month, Carpenter said his office had not been consulted on the proposed $300,000 agreement. Under the settlement, the city manager would authorize a $49,500 payment and the Municipal League would cover $250,500.

Carpenter further argued that the city manager’s authority to spend under $50,000 without board approval applied only to competitive bids. And Carpenter suggested the nonmonetary side to the settlement constituted a policy matter for which the board was the final arbiter.

Non-monetary provisions to the agreement include the implementation of additional training within the Police Department on the use of force.

A probate court judge recently approved the settlement as requested by Blackshire’s estate, clearing the way for final approval in federal court and dismissal of the claims later this month.

In one lengthy exchange with board members Tuesday, Carpenter said the city manager’s purchasing authority extends only to “things that have to be purchased, and the emphasis on the word ‘have’ to be purchased, or necessary to be purchased.”

By way of example, Carpenter said that under the theory being espoused, Moore could provide $49,500 to the Arkansas Repertory Theatre and never have to tell the board.

“That’s not something that’s necessary to do,” Carpenter said.

Questioned by at-large City Director Antwan Phillips, Carpenter said Moore “doesn’t have the authority to make policy decisions and spend money on it. He has the authority to execute policy decisions made by the board.”

At one point during the meeting, City Director Doris Wright of Ward 6 expressed her view that she was comfortable with Moore’s spending authority, but suggested she took issue with board members having to learn of items like the settlement by reading about them in the media.

After going through the rest of their agenda, the board entered a closed executive session that was scheduled as a discussion of appointments to city boards and commissions.

However, Kumpuris asked Scott that city directors also engage in a discussion about the city manager and city attorney.

After the board returned to open session, Scott said no action was taken with regard to the senior officials.