A complaint against Chris Clifton, former chair of the Eureka Springs City Advertising and Promotion Commission, will be a topic of discussion at the Arkansas Ethics Commission’s regularly scheduled meeting Friday, Oct. 18, in Little Rock.
Heather Wilson, who became a member of the CAPC in August, filed an ethics complaint against Clifton on June 27, the same day Clifton resigned from the commission and a day after a controversial meeting which saw a standing- room only crowd voice opposition to decisions he had made, with many calling for his resignation. The meeting also included a vote of confidence in Clifton by other commissioners that failed 4-1. The lone vote in support of Clifton was cast by commissioner Chris Jones, who also resigned the next day.
“…The above-referenced case has been placed on the agenda for the Commission meeting scheduled at 9 a.m. on [Oct. 18], 2024,” reads an Oct. 8 letter to Wilson from Graham Sloan, director of the Arkansas Ethics Commission. “When this case comes before the Commission at the [Oct. 18], 2024, meeting, the Commission will be called upon to decide whether or not probable cause exists for the finding of a violation in this case. …” The “citizen’s complaint” outlines various decisions Clifton made in June, without input from the entire commission, Wilson writes. Events outlined in the complaint include actions during June 21 and June 26 CAPC meetings.
“On June 21, 2024, at approximately 11 a.m., Mr. Chris Clifton physically accosted Mr. Michael Maloney outside the Eureka Springs Auditorium as members of the public were entering the building for a scheduled CAPC meeting, thereby attempting to impede Mr. Maloney’s lawful entry,” the complaint reads. “On June 21, 2024, in the afternoon, Mr. Chris Clifton engaged in disruptive behavior by shouting at and intimidating Mr. Michael Maloney in public. He sought to involve law enforcement to unlawfully remove Mr. Maloney from a public space and a public CAPC meeting. His actions ceased only upon intervention by the mayor’s assistant, Ms. Kim Stryker.
Maloney, the CAPC’s executive director, was on an indefinite suspension at the time of the June 21 meeting but was reinstated by a vote of the commission after Clifton’s resignation.
In regard to the June 26 meeting held in front of an overflow crowd, Wilson’s complaint mentions that Clifton “exceeded the scope of his authority as CAPC Chair by repeatedly moving to convene executive sessions during the 6 p.m. CAPC meeting to discuss financial matters.”
The complaint alleges that Clifton “unlawfully refused to allow public comments to be entered into the record,” during the same meeting and states that Clifton also “displayed disrespect towards the community during public comments by rolling his eyes while they made statements and further holding up a phone with an alarm that was incessantly going off while a chemotherapy patient attempted to read through his statement despite physical ailments.”
Wilson’s complaint included a link to a video of the June 26 meeting, where one of the main topics included a letter Clifton had sent to various stakeholders and the alleged editing of a promotional video — both additional topics in the complaint.
“Mr. Chris Clifton selectively distributed a stakeholder letter to community members aligned with his values, excluding tax collectors with whom he is not aligned,” the submitted complaint states. “He invited them to a workshop and scheduled it unilaterally without consultation or approval from the CAPC. In doing so, he stated his personal feelings utilizing CAPC email and using official CAPC letterhead.
“On June 25, 2024, Mr. Chris Clifton unilaterally canceled the aforementioned workshop without obtaining input or approval from the CAPC.”
The complaint by Wilson goes on to mention Clifton’s role in editing a marketing campaign video, which was identified at the June 26 meeting as editing out a quick glimpse of a drag queen.
After Clifton’s resignation, the CAPC eventually voted to have the video restored to its original version.
“At an unspecified time in May or June of 2024, Mr. Chris Clifton unilaterally decided to have a marketing campaign video edited without obtaining approval through a commission vote,” the complaint reads. “These actions collectively contribute to a longstanding atmosphere of distrust within the CAPC of Eureka Springs. I respectfully urge the Arkansas Ethics Commission to conduct a thorough investigation into Mr. Chris Clifton’s conduct in light of these serious accusations.”
When contacted Tuesday, Oct. 15, for comment about the ethics complaint, investigation and the Oct. 18 hearing, Clifton told the Times-Echo he didn’t want to talk.
“I don’t have anything to say to you,” Clifton said. “Thank you.”
Wilson’s complaint lists current CAPC commissioners Kolin Paulk, Bradley Tate-Greene, David Avanzino and Steve Holifield, along with former commissioner Chris Jones, as “witnesses,” along with their phone numbers. Additionally, former CAPC finance director Scott Bardin and Stryker are mentioned in the complaint as individuals who “are aware of and/ or have witnessed this behavior.”
Wilson said she’s aware that representatives from the Arkansas Ethics Commission did reach out to some of the individuals she named.
“I don’t know if other people filed [complaints], but I do know they called a few people and interviewed them from my witness list,” Wilson said.
Emails were sent to Paulk, Tate-Greene, Avanzino, Holifield and Maloney asking if they had been contacted by Arkansas Ethics Commission investigators. Of the two responses received by Wednesday morning, Oct. 16, Holifield replied that he had been contacted by an investigator, while Tate-Greene said he declined to comment “because I do not like drama, gossip or being part of spreading misinformation or disinformation.”
ETHICS COMMISSION INVESTIGATION The ethics commission sent a response to Wilson, dated July 12, acknowledging receipt of the complaint.
The response summarizes points made in the complaint.
“It has been determined that said complaint meets the requirements set forth in subparagraph A(3) of Section V of the Ethics Commission’s Rules of Practice and Procedure,” reads the response, signed by Sloan. “Accordingly, an investigation is being commenced.”
The response said the investigation will include determining if Clifton using CAPC letterhead and email address to distribute the stakeholder letter “violated Ark. Code Ann. 21-8-304(a) in his capacity as Chair of the CAPC by using or attempting to use his position for special privileges or exemptions.”
In regard to the other allegations outlined from the June 21 and June 26 meetings, Sloan’s response said the investigation will determine first, “whether or not the matters alleged, if true, would constitute a violation under laws under the Commission’s jurisdiction.”
‘OPINIONS DO NOT EQUATE TO FACTS’ Wilson said Tuesday, Oct. 15, that she realizes the ‘irony’ of initiating an investigation involving Clifton while “simultaneously advocating for [the CAPC’s] existence and the benefits it provides to our community.”
“Nevertheless, I do not dispute the possibility that there are past actions by former members of the CAPC that may have been unethical,” Wilson said. “However, it is important to acknowledge that opinions do not equate to facts, so I intended to refer this matter to a department specifically tasked with ascertaining the facts and making an appropriate decision. This approach enables us to recognize what transpired, or did not, and move forward accordingly.
“I hope that with an outcome, whatever outcome, as a community, we move into the future rather than remain mired in hearsay or hypotheticals and dwelling on the actions of a few from the past.”
Wilson said she has talked to the Arkansas Ethics Commission attorney assigned to the case four times, including “sworn testimony regarding the events I witnessed…” Wilson said it is her understanding that the Oct. 18 hearing will allow for Clifton to respond to the allegations.
“[Clifton] has the option to appear before the commission, accompanied by legal counsel, and may provide any evidence they deem relevant, although I am unsure of their intentions…,” she said.
