Hot mic records cemetery commission continuing meeting after adjournment

Thinking that the device used to record a recent special meeting had been turned off after adjourning, members of the Eureka Springs Cemetery Commission continued to meet and discuss commission business, including calling a newly hired sexton “two-faced” and a recently terminated employee a “narcissist.”

The commission met June 1 at the Route 62 General Store, where they went into executive session to discuss the cemetery sexton position, a role that became vacant when the commission fired David Helms on May 17.

When the open session recording resumed, the commission quickly and unanimously approved the hiring of former cemetery superintendent Pat Lujan as the new sexton with a “90-day probation period.”

After the commission voted to adjourn the meeting, a voice believed to be commission chair L.B. Wilson can be heard on the audio recording asking if the recording device is off.

Commissioner Robert Tollett replies, “yes.”

The recording device, however, was still on and continued to record for approximately 27 more minutes.

During that time commissioners can be heard on the audio recording discussing Lujan’s hire and Helms’ termination and acknowledging that they violated the Freedom of Information Act during a series of special meetings May 17-18 when they twice went into executive session without announcing specific reasons, as the law requires.

The continued discussion of official business after the adjournment of the June 1 meeting also violated the FOIA. Carroll County Newspapers later filed an official complaint with Carroll County prosecuting attorney Tony Rogers regarding the violation.

Wilson, Tollett and commissioners Judy Holden and Bruce Wright were present at the meeting and can all be heard on the recording. Commissioner Glenna Booth was not at the meeting.

‘WE’RE NOT IN A MEETING, ARE WE?’

As soon as commissioners thought the recording had been turned off, they immediately started discussing Lujan’s hiring, talking about getting paperwork ready that outlines the job duties and requirements and training for the position.

Wilson can then be heard asking: “We’re not in a meeting, are we?”

“No,” a voice replies.

“I don’t feel 100 percent about this, but I feel 100 percent that that’s what we need to do,” Wilson says, presumably about the hiring of Lujan.

“Oh, I think it is what we needed to do and it’s going to be just fine,” says a voice that appears to be Tollett. “And we’re going to keep a handle on it.”

Holden can then be heard on the recording saying, “Pat’s a real good gossiper, I’m just letting you know.”

“Oh, he is,” says a voice that appears to be Wright.

“Two-faced,” Wilson adds.

“Yeah, but what is he going to have to gossip?” says a voice that appears to be Tollett.

Later, Wilson says: “The main thing is, every one of us, don’t allow him to say anything about anybody else.”

Wright, who also serves as the cemetery superintendent, can then be heard calling Lujan and telling him he has been picked for the role and scheduling a time to meet the next day to go over paperwork.

“Hey Pat, we just had a meeting and we’re hiring you as sexton,” Wright says. “We’re doing a formality of the 90-day thing, and we’re going to have a job description for you to look at and go over and sign. … When could you start?”

After Wright ends the call, Wilson says: “So, he took it?”

“Yes, he wants to see everything in writing,” Wright responds.

Later in the conversation, Wilson brings up Lujan’s hiring again.

“At some point in time down the road, if this works out, I want credit for sending him down,” Wilson says.

A voice that appears to be Tollett responds with a laugh: “If it falls apart, L.B. don’t want nothing to do with it.”

“If it doesn’t work out, I didn’t make the motion,” Wilson responds.

A few moments later, it is suggested that some commissioners would be discussing more business at the cemetery later that day.

‘CLASSIC NARCISSIST’

The recording also includes a brief discussion by commissioners about Helms, who held the role of sexton and head groundskeeper before he was terminated May 17.

While the recording is choppy and at times difficult to understand during this discussion, some portions are clear.

“It took me one hour to figure him out,” Tollett says, presumably about Helms. “That very first meeting, when I wasn’t even a commissioner yet and I came and watched. That’s all it took.”

The Eureka Springs City Council approved Tollett’s appointment to the cemetery commission on April 25.

Holden can then be heard saying, “All he asked us to do was keep saying his middle name and the fourth.”

“The fourth, that’s an ego trip,” says a voice that appears to be Wright.

“He’s a classic narcissist,” says a voice that appears to be Tollett.

Helms’ full name is David Leslie Helms IV.

‘THE INTENT WAS PURE’

Later in the recording, Wright and Wilson can be heard discussing the recording of that day’s meeting.

Wright asks Wilson if he can have Kim Stryker, assistant to Mayor Butch Berry, let him know if anything is wrong with the recording after the recording device is returned to city hall.

“If Kim … ask her if she can get back with you or text you that it sounded good,” Wright says.

The discussion then appears to turn to a May 26 story in the Lovely County Citizen reporting that the commission violated the FOIA by not announcing the specific purpose for an executive session on consecutive days.

“The technicalities of putting up with these people,” Wright says to Wilson.

“Well, the reason nothing has happened about it is because it’s nit-picking,” Wilson responds. “It’s technicalities. Certain words weren’t said. The intent was pure on our part. And as long as that’s OK, we’re OK. We’re not conspiring to hurt someone.”

The recording ends with the sounds of Wilson driving from the meeting location to city hall to return the recording device. He can be heard talking with Stryker about the meeting and the vote to hire Lujan. Before leaving, Wilson can be heard asking Stryker to let him know if there is anything wrong with the recording.

“If [the recording] sounds OK, don’t call,” Wilson says.

Stryker responds: “I’ll let you know if something sticks out. I’m sure it’ll be fine.”

The cemetery commission is the only Eureka Springs city commission that doesn’t regularly have its regular meetings livestreamed and the video posted on the city’s YouTube page.