The Arkansas Ethics Commission has dismissed a case against the former chair of the Eureka Springs City Advertising and Promotion Commission.

At a closed hearing Friday, Oct. 18, in Little Rock, the ethics commission determined there was no probable cause to move forward on a complaint against former CAPC chair Chris Clifton.

Heather Wilson, who became a member of the CAPC in August, filed the ethics complaint against Clifton on June 27, the same day Clifton resigned from the commission and a day after a controversial meeting that 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.

“Please be advised that the results of the investigation were presented to the Commission for a determination concerning probable cause at its regular monthly meeting held [Oct. 18],” reads a letter sent from Graham Sloan, director of the Arkansas Ethic Commission, to Clifton and copied to Wilson. “After duly considering both the results of the investigation and the applicable law, the Commission decided, by a vote of 3-0, with Commissioners [John] Pitts and [Jason] Tolbert not present, that the complaint should be dismissed.” Wilson’s “citizen’s complaint” outlined various decisions Clifton made in June, with most being made without input from the entire commission, she alleged. Events outlined in the complaint involved actions during June 21 and June 26 CAPC meetings, including a confrontation with CAPC director Mike Maloney, and a decision to have a promotional video edited without input from the full commission.

“While I may respectfully disagree with the Arkansas Ethics Commission’s decision regarding Mr. Clifton, I acknowledge that the Commission has determined that he did not violate his position according to its standards,” Wilson responded when asked about the complaint’s dismissal. “I also recognize that these standards may not fully reflect the insights of firsthand witnesses or the bylaws of the CAPC.”

The Oct. 18 letter to Clifton explaining the decision by the Arkansas Ethics Commission states that the investigation was “commenced regarding whether or not you violated Ark. Code Ann 21-8-304(a) in your capacity as Chair of the CAPC by using or attempting to use your position for special privileges or exemptions.”

According to Wilson’s complaint, on June 21, 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.”

“On June 21, 2024, in the afternoon, Mr. Chris Clifton engaged in disruptive behavior by shouting at and intimidating Mr. Michael Maloney in public,” the complaint read. “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 alleged that Clifton “unlawfully refused to allow public comments to be entered into the record,” during the same meeting and stated 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 recording 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 complaint stated. “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 went 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.”

Wilson’s complaint listed current CAPC commissioners Kolin Paulk, Bradley Tate-Greene, David Avanzino and Steve Holifield, along with former commissioner Chris Jones, as “witnesses.” 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.”

The Oct. 18 letter from Sloan to Clifton specifically mentions that the Arkansas Ethics Commission determined there was no wrongdoing in using the CAPC email address to contact stakeholders and that Clifton didn’t gain anything by his actions.

“The investigation revealed little, if any evidence that you intentionally excluded any tax collectors or stakeholders from the workshop,” reads the Oct. 18 letter to Clifton addressed to 36 South Main St., the address to The Auditorium. “Likewise, the investigation did not indicate what particular quantifiable benefit, advantage, or exemption that you were unfairly seeking to secure for yourself or a prohibited recipient in scheduling the meeting. Likewise, it was not apparent how it would be unfair for you to use the CAPC emailing list to announce a CAPC workshop.

“The Ethics Commission Rules on Conflicts Section 400 (p) to mean ‘particular benefit or advantage unfairly extended to a person beyond the common advantages of others or the unjustified release of a person from duty or obligation required of others.’ It was not clear what benefit, advantage, or unjustified release of duty, if any, was unfairly extended to you in this case. The Ethics Commission has always looked at a benefit or advantage to be quantifiable, otherwise any policy choice could be questioned or second-guessed based on an incalculable, esoteric reward the public servant allegedly sought. There is no allegation that you made or stood to make any financial gain by holding the meeting. Likewise, no one related to you in the first degree, nor someone with whom you had a substantial financial relationship, made or stood to make a financial gain.”

Wilson said she was surprised at some of the reasoning explained in the letter for the panel’s decision.

“Those who witnessed Mr. Clifton’s behavior firsthand are entitled to their own opinions and perspectives, especially the tax collectors who were both invited to and excluded from the meeting he unilaterally scheduled and canceled, many of whom took the time to speak up at the June 26, 2024 meeting,” Wilson said. “I was surprised by their reference to financial gain and would like to clarify that my complaint did not include such an allegation.”

Despite the complaint being dismissed, Wilson said it’s important that transparency remains an important goal for those who serve the city.

“Complacency can lead to disregard for important principles, as we have observed in Eureka Springs,” Wilson said. “Moving forward, I hope others will continue to take action, expect and demand transparency and a commitment to ethical conduct.”