Ruth Hager, chair of the Eureka Springs Parks and Recreation Commission, made the decision without a vote of the full commission to fire Justin Huss as parks director, Hager testified in a deposition taken July 10 in connection with a lawsuit filed by Huss.

Hager was deposed by Eureka Springs attorney Tim Parker, who filed a lawsuit on Huss’ behalf on March 23 in Carroll County Circuit Court. Defendants in the lawsuit are the parks commission, the city and Mayor Butch Berry.

Hager notified Huss of his termination in a text message on Oct. 9, 2020 — two days after the parks commission held a special meeting at which Hager announced that commissioners would be going into executive session “to discuss a personnel issue.”

The commission returned to public session 59 minutes later. Hager asked if there were any motions and none were offered. After a motion to adjourn, the meeting ended without any further discussion.

In her deposition, Hager testified that no action was taken because no decision was made during the executive session. “That’s not when it was decided to fire him,” she said.

Hager said she had the authority as chair to terminate Huss.

“According to the policies it does not require the votes of the other commissioners to fire the director,” she said.

Title 12, section 12.04.03 of the Eureka Springs city code — the section that outlines “powers” of the parks and recreation commission — states that “(t)he Commissioners may employ or remove managers, janitors or other employees of any nature, kind or character, and may fix, regulate and pay their salaries. The terms, conditions and benefits of employment and rights of any such employees shall be in accordance with those afforded to employees of the city.” Asked by Parker whether she believed the commission would have voted to fire Huss, Hager said “that wasn’t really relevant to me at the time.”

“It was clear to me that it was my job to do that,” she said. “We spoke in executive session about all the issues about his employment. So could I say they would support a vote? I don’t know.”

In response to a question from Parker, Hager said Berry did not have any input in the decision to fire Huss. She said she spoke with Berry after informing Huss of his termination.

“I told him he was terminated,” Hager said. “He wanted to know about resigning instead. I said I would call Butch and ask. So I called Butch and asked: ‘Maybe there’s a different way.’ Butch said no, there is no policy of severance or things like that and there’s not a normal option for that sort of thing.”

“How sure are you that Butch Berry did not terminate Justin Huss as executive director of parks in October of 2020?” Parker asked Hager.

“One hundred percent sure,” Hager responded.

“And what percentage are you sure that you acted on your own in deciding to terminate Justin Huss as executive director of parks in October of 2020?” Parker asked.

“I acted as chair,” Hager replied. “The term ‘on my own’ makes me uncomfortable.”

“It makes me uncomfortable too,” Parker responded. “That’s why we’re here.”

That statement from Parker drew an objection from Hager’s attorney, Sarah Cowan of the Arkansas Municipal League.

Hager said she made the decision to fire Huss because of performance issues including absenteeism. Parker’s complaint says Huss had “raised the ire” of parks commissioners and other city officials by filing requests for information pursuant to FOIA and by filing multiple grievances about alleged illegal meetings of the parks commission.

The Arkansas Freedom of Information Act states that “(n)o resolution, ordinance, rule, contract, regulation or motion considered or arrived at in executive session will be legal unless, following the executive session, the public body reconvenes in public session and presents and votes on the resolution, ordinance, rule, contract, regulation or motion.”

“Who decided you didn’t need a public vote?” Parker asked Hager.

“We all did,” Hager said. “Because we made no decision. We didn’t need a public vote because there was no decision made. I was going to make the decision as chair, which I knew I could, after we left the meeting.”

— Eureka Springs Parks and Recreation Commission chair Ruth Hager