James DeVito’s many years of public service, including multiple terms on the Eureka Springs City Council and the City Advertising and Promotion Commission, have come to an end — albeit a bit controversial one.
DeVito, who announced that his restaurant, Take 5 Bistro and Bar, had been sold and he was moving out of state, admits he “flipped off” Nick Roberts, a member of both city council and CAPC, after a heated exchange between the two before a CAPC regular meeting held Wednesday, July 27 at The Auditorium.
DeVito also admits sending a private message on Facebook the following morning calling Roberts a “bully.”
The exchange between the two, just before the meeting was scheduled to start, is not included in a video recording of the meeting on the city’s YouTube page.
“I make no apologies for flipping Nick off …,” DeVito wrote in an email to a Lovely County Citizen reporter when asked about the exchange between the two.
Roberts said words were exchanged after he found out that DeVito, whose CAPC term expired on June 30, was set to chair the meeting after it was learned that three commissioners — chairman Jeff Carter, vice chair Patrick Burnett and Carol Wright (whose at-large term also expired June 30), would not be present.
Instead, Roberts and commissioner Autumn Slane ended up leaving before the meeting started, meaning that there was no quorum, and nothing on the agenda could be voted on.
“I had a totally different plan for the meeting on what we were going to do and things I was going to add to the agenda, but I didn’t get to get there because I felt uncomfortable by reading the law that commissioners … when you’re expired, you’re expired,” Roberts told the Citizen about his viewpoint of what transpired before the meeting. “Once I got to the meeting, in his kind of cocky demeanor that he says things, James DeVito says that he was going to be chairing the meeting because the other ones were not coming. Which I said, ‘That’s convenient.’
“And then he said something along the lines of ‘We have power moves, too.’ I don’t think that was his exact words but that’s what he insinuated. … He insinuated that, ‘Look, we have power moves as well.’ ”
Roberts said he told DeVito that he didn’t feel DeVito was still a legal commissioner and that DeVito didn’t need to be running the meeting while pointing out a section of Eureka Springs city code 2.56.01, ordinance 2060 which reads, “Whether resulting from expiration of a regular term or otherwise, a vacancy on the Commission in any of the four (4) tourism industry positions or in the at-large position shall be filled by the remaining members of the Commission, with the approval of the governing body of the city.”
Roberts told the Citizen, “I was like, ‘Well, you don’t need to be running the meeting’ because I was going to bring up before roll call that Carol and him, if they were there, would not need to be in this meeting. But I didn’t get that opportunity during the meeting, and I didn’t think it was best for me to be a part of it because if we had allowed that meeting to go forward [I felt] we would be doing something that’s wrong.”
DeVito disagreed with Roberts’ assertion, saying that someone can remain in an expired term until a replacement is selected.
“The first thing Nick said to me was ‘What are you doing here?’ ” DeVito wrote in an email. “I told him that the chair was out of town and that he asked me to take over the meeting. Nick said, ‘No, you should not be here at all!’ He then proceeded to pull out a book on regulations that stated when a commissioner’s term comes to an end there is a vacancy.
“I agree that there is a vacancy. I stated that until the CAPC filled that seat the prior commissioner can hold the seat. The same is true for city council.”
At some point during the back-and-forth about the expired terms and the legality of DeVito running the meeting, Roberts said DeVito got “totally inappropriate and offensive” and “flipped me off.”
“I guess it was just my continued push because I stayed with the rules and mentioned ‘We shouldn’t even be having this conversation here, you’re a private resident at this point and you’re harassing me on this stage, ’ ” Roberts said when asked why he thought DeVito used the hand gesture.
“It was kind of a shock [when it happened] because I was trying to stay calm and was doing good at that. The audience was all talking amongst themselves because the meeting hadn’t started yet and I said, ‘Did y’all just see he just flipped me off?’ And they were engaged from that point.”
Roberts said after the hand gesture he asked CAPC tourism director Madison Dawson, who was sitting on the stage along with Slane and commissioner Mark Hicks, if the police should be called because of the feeling he was being attacked and harassed by DeVito.
“I didn’t feel comfortable, and I didn’t know what to do,” Roberts said. “But [Dawson] responded in a way of, like, not wanting to get involved.”
DeVito said in five terms on city council and five terms on CAPC, “I have never met anyone so confrontational” as Roberts.
“And that is saying a lot!!!,” DeVito wrote.
“He was unrelenting in his attack on me saying I have no right to be there,” DeVito wrote. “He’s the fellow that told me I should get out of town! I said if you don’t want me to chair the meeting then you can get up and leave and then there will be no quorum. He continued to attack me saying I had no right to be there! “At that time I flipped him off for a variety
“At that time I flipped him off for a variety of reasons. As with any bully when confronted he suddenly changes his tune. He then asked Madison to call the police on me. Autumn walks into it and Nick explains his side of the story so they both got up and left.”
Roberts said he and Slane wanted no part of participating in what he felt would possibly be an illegal meeting, so they left. That left only DeVito and Hicks, who was attending his first meeting as a newly approved commissioner.
Emails to Dawson and Slane asking for their account of the exchange between De-Vito and Roberts were not answered by the Citizen’s Tuesday morning deadline.
In an email requesting his account of the events, Hicks replied, “With this being my very first CAPC meeting as a new commissioner I really have no comment at this time as to what took place.”
PLAN TO NOMINATE
Roberts said he talked with Dawson hours before the meeting and asked questions about the at-large position that Wright has held, which expired June 30.
“I did talk to Madison earlier in the day and asked for advice on some things about the at-large position … and she did know that I had every intention of nominating [someone] that evening,” Roberts said. “I’m like, she’s the director, and she should know what I’m planning to bring to the meeting.
Knowing that he was going to nominate someone new for the at-large position may be a reason why some of the absent commissioners weren’t there, Roberts said.
“Some [people] have come to me thinking that [Dawson] might have informed them, and that’s why they didn’t come,” Roberts said. “The fact that [DeVito] insinuated a power move to prevent us from being able to nominate someone. I just didn’t know what to do at that point, and I didn’t feel comfortable being there and letting a meeting go forward under my watch.”
Dawson did the roll call for the meeting but did not indicate whether those commissioners absent were “with notice” or not as is customary. Dawson did not respond to an email asking when the commissioners notified her that they would not be attending the meeting.
In an email, DeVito wrote, “Jeff informed me that he, Patrick and Carol would be absent from the meeting. Jeff asked if I could chair the meeting.”
‘TYPICAL BULLY’
Roberts said he had received a handful of private messages on Facebook from DeVito over the past few months, but the last came at 6:17 a.m. on Thursday, July 28, the morning after the CAPC meeting.
A screen shot of the message DeVito sent Roberts was provided to the Citizen and reads, “So many people I know think you a bully. When confronted last night you wanted the police. Typical bully!”
Roberts blocked DeVito after reading the message, according to the screenshot.
“As to the calling him a bully on social media I did that in a private message just between him and myself,” DeVito wrote in an email. “I told him I knew a number of women who he had bullied. I said he was a typical bully that when confronted cries for help.”
DeVito reiterated that accusation in another email.
“I know from a few sources who happened to all be women besides me that Nick has bullied them,” DeVito wrote. “The women were all connected with city government.”
In response to DeVito’s claims, Roberts said “I have no interest in his attempt to play the blame game, to avoid his wrongdoings.
“In fact, I see sexism as a serious problem within our city and plan to work on changing the current rhetoric towards women.”
MEETING CONTINUED
Despite not having a quorum at the July 27 meeting, CAPC staff still gave their reports.
Four holiday season marketing support requests from Laci Moffit were not presented, however, and Roberts said he supports a special meeting being called to address those requests and anything else that could be timely of nature.
“That stuff is important, and I would support a special meeting,” Roberts said. “But it’s my understanding that Jeff is the only one who can call a special meeting.”
The meeting, which lasted just over 30 minutes, concluded with DeVito telling the public that he’s certain he was legal in remaining a commissioner past his term’s expiration date, and also making the announcement that he would be moving out of state.
“I’ve been involved in politics in this community longer than anybody,” DeVito said. “I do know the rules of the road, and it’s always been that until a commissioner is replaced, you’re allowed to sit in that seat.
“Otherwise, what’s going to happen and what I’m going to announce tonight is this is my last meeting. … So, that will make Nick and a couple other people in town very happy about that.”
DeVito went on to recap his time on city council and the CAPC, again stressing the need for additional downtown parking, before saying his goodbyes.
“Mostly, I’m here to announce that this is my last meeting with CAPC, and I’ve enjoyed serving the community,” DeVito said, “but I’m off to a new adventure in my life after 36 years in Eureka Springs.”
In a July 29 email, DeVito wrote, “I’m now living in Texas. Although I will miss some of the people in Eureka Springs, Nick Roberts will not be one of them.”
When asked how long he had been living in Texas, DeVito responded, via email, “As to terms of the sale of the restaurant in my living quarters I was to be out on the 28th. I chaired the meeting on the 27th and left town on the 28th. I am not sure where I want to settle down so I bought a travel trailer and will do some traveling until I decide where to permanently locate.”
