Former City of Alexander Alderman Farren Wadley has returned
to the council representing Ward-1. He was appointed to fill the vacancy in
Position-2 when Alderman Jeff Watson had to resign after moving to Ward-3.
Wadley was the only person to submit an application.
Normally this would have been a simple and straightforward
process but Wadley brings some baggage with his return to the council. In 2013
he was issued a "Letter of Caution" by the Arkansas Ethics Commission
(AEC) for using city property for personal gain.
The warning was the result of an investigation by the AEC of
charges filed by city resident Juanita Wilson concerning what appeared to be
his use of city property without approval from the city council. He was also
fined $150.
Wilson filed the charges in 2012. She was then elected to
the city council in 2012 and lost re-election in 2014.
The charges stem from his use of the City of Alexander
Community Center for his martial arts business. Wadley owns and operates Bryant
Martial Arts. According to a flyer provided to the AEC, the classes in
Alexander were held on Tuesdays and Thursdays.
Wadley was working with a church group that held services at
the center on Sunday morning and a weekly dinner Wednesday evening. Allegedly
Wadley was teaching martial arts to church members but he was doing it on days
the church group wasn’t renting the center and he was trying to attract
non-church members with the flier.
The church was renting the center from the city until it ended
meeting there in September 2012. Wadley continued to hold classes at the center.
The AEC held a hearing in February 2013. Wadley did not
attend the hearing, but Wilson did.
According to the "Letter of Caution" Wadley was
charged with, "using your position as Alderman for the City of Alexander
to obtain special privileges or exemptions in connection with (i) running a
"for profit" business in a city owned building without a
"business license" and without the knowledge or consent of the city
residents, city council, or mayor; (ii) advertising and pocketing all monies
earned as a result of that business; (iii) advertising for the business
included a flyer stating the business, Bryant Martial Arts, was open every
Tuesday and Thursday; and, (iv) never paying rent nor having a rental
agreement, and having no discussion by the Alexander City Council concerning
the business or use of the city-owned building."
The letter also states, "it was agreed that the
Commission make a finding that you violated Ark. Code Ann. § 21-8-304(a) by
operating a for profit business out of the Community Center without paying rent
to the City of Alexander or obtaining a business license from the City of
Alexander."
The letter concludes, "The Commission is hereby issuing
you this 'Public Letter of Caution' which is advisory in nature and serves to
give clear notice that your actions violated the law. You are advised not to
engage in the same activity again." The letter also says Wadley,
"signed a written Offer of Settlement."
Alderwoman Melissa Ratliff noted there was no mention of his
ethics violation in his resume. She asked Wadley, “Were you convicted of an
ethics violation in the City of Alexander while you were alderman?”
“No, I wasn’t convicted,” Wadley said. After a pause he
continued, “But, I chose not to argue about that and I paid them $150, which I
didn’t mind.“
“So, they (AEC) did find you in violation of ethics when you
were alderman,” said Alderman Dan Church. “In order for you to pay a fine they
had to, right?”
“I never showed up (at the hearing),” Wadley responded.
After Church restated his question Wadley said, “Because I
wasn’t there, yes I assume. I never showed up. It was easier for me to just pay
the money, which I didn’t mind.”
Wanting more detail Church asked Wadley why he didn’t show
up at the hearing.
“Because I didn’t want to go through that,” Wadley said.
“Because you knew you were in violation of the ethics
violation,” Church responded.
“Well, at the time I didn’t know I was,” Wadley said. “If
they saw that I had I didn’t … want to go against them on that.”
“What if there was an issue on the council that you were
afraid of getting faced with would you not show up then either,” asked Ratliff?
“I show up for my city,” Wadley said. “If my city needs me I
will be there.”
“I’ve never heard directly from your mouth what happened (to
cause the ethics violation),” Ratliff said.
“I don’t think it matters,” Wadley responded. “It was a
misunderstanding I believe; a lack of knowledge of how things work.”
Overlapping his response Ratliff said, “It does matter.”
“A lack of knowledge from who,” asked Church?
“Myself,” Wadley responded. “Because of the lack of
knowledge I chose not to defend anything. I did it to, mostly just to, I
thought if it could help a situation then, I was working with the church at the
time. But apparently it was a decision I shouldn’t have done I left it up to
them (AEC). I learned from that mistake.”
“But you weren’t using it for a church,” said Alderman
Church. “You were using it for your own business.”
Trying to put it off as a past mistake Wadley said, “Well,
there’s a situation there that’s pretty much in the past.”
“It’s not in the past when you’re applying for a seat on the
Alexander City Council,” Church replied.
Ratliff added, “Since you were convicted of an ethics
violation as an alderman it would only prove bad conscience to vote for you as
an alderman knowing that you have that on your record.”
Alderwoman Andrea Bearden asked if not contesting the charge
amounted to a guilty plea. Wadley said he was told, “It wasn’t a guilty plea.”
Bearden went on to say, “But if you’re not guilty you
wouldn’t have to pay a fine.”
“You’re asking me that,” Wadley said. “But, has anyone asked
them (AEC) that, is he guilty?”
Wadley went on to say he would understand if council members
didn’t want him on the council. He said he only wants to help Alexander any way
he can.
It was pointed out that Wadley was not removed from the
council after the ruling from the AEC. Church said he spoke to one the
attorneys with the Arkansas Municipal League who said the ethics violation
wasn’t a felony therefore there’s no legal reason Wadley can’t serve as
alderman.
Wadley was on the council until the end of 2014. Instead of
running for re-election as alderman he ran an unsuccessful campaign for mayor
in the November 2014 General Election.
After discussing the appointment in an executive session the
aldermen returned to the open meeting. Voting “Yes” on the motion to appoint
Wadley to the council were Louis Hobbs, Lonny Chapman, Andy Mullins, Andrea Bearden,
and Stephanie Beck. Voting “No” were Melissa Ratliff and Dan Church.
After being sworn-in by Mayor Paul Mitchell, Wadley took his
seat at the council table without the usual congratulatory applause.
Wadley’s appointment will be in effect for the remainder of
this term, which ends December 31, 2016. If he or any of the other council
members desire to continue on the council the next election is November, 2016.
In other business at the December 21 meeting;
• Knowing the issue of appointing Farren Wadley to the
council would take some time, council members agreed to first hear a request to
operate an automotive repair and body shop at the southwest corner of South
Alexander Road and West Azalea. Council members approved a “Conditional Permit”
which is only valid for the owners of the auto repair business. If they should
ever leave the property reverts back to its original zoning.
• After appointing Wadley the council approved the budget
for 2016. Mayor Mitchell said the 2015 budget “Worked so well” he decided to
leave it as-is for 2016. He also pointed out the “Revolving door” at the police
department has stopped. The budget total is $2,625,669.40. A budget resolution
will be on the agenda for January. The deadline for passing the resolution is
February 1.
• Earlier in the meeting Mitchell reported on the progress
of the street paving. He said a spot in St. Joseph’s Glen had to be cutout and
dug down about 24-inches and replaced with a proper base to keep it from
sinking. Also, white stripes need to be painted on the paved portion of West
Azalea and Don Parker. The only area not paved is the driveway and parking lot
at the city park. Mitchell said that was due to weather and probably won’t be
started until after January 1.