Attendees at a pair of special meetings held by the Eureka Springs City Advertising and Promotion Commission described a “tense” atmosphere inside the Auditorium, with CAPC chair Chris Clifton and suspended executive director Mike Maloney arguing over Maloney’s right to attend and Clifton reportedly asking a police officer to remove Maloney from the building.
At the end of the day, Maloney’s suspension remained in effect and a no-confidence vote on Clifton had failed to gain approval from the commission.
The commission voted unanimously at another special meeting on June 14 to suspend Maloney indefinitely with pay, stipulating that Maloney would not have access to CAPC property during the suspension. In reciting commissioner Steve Holifield’s motion to suspend Maloney, Clifton said the suspension would be “pending investigation.”
At the first of two special meetings on June 21, Clifton announced that the agenda item for the meeting was a “human resources action review item.”
“Human resources falls under FOIA,” Clifton said, referring to the Arkansas Freedom of Information Act.
Clifton then read a portion of the FOIA, which states that executive sessions “will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee.”
“So executive session would be important here,” Clifton said.
Clifton then pointed to a “conflict of interest,” and cited a section of the commission’s bylaws.
“No member of the commission with a direct or indirect financial interest shall participate in, vote on, influence — and that influence word’s important — or attempt to influence an official decision under consideration by the commission,” Clifton said. “I would ask the commission to reference the last executive session. I’d asked commissioner (David) Avanzino to recuse, that he was recused, and asked him — or advised him — that he should not participate in the meeting and told him it might not be a good idea. He wanted to. I would encourage you as a, encourage you to strike from your memory all discussion, all argument, all influence that was put forth by commissioner Avanzino, per our bylaws.” Avanzino has previously recused on voting on matters involving Maloney, acknowledging that Maloney rents a home from him.
After his statement regarding Avanzino, Clifton said he would “entertain a motion to enter executive session.” Holifield then made a motion “to enter into executive session.” Commissioner Kolin Paulk seconded Holifield’s motion and the commission approved the motion.
‘SPECIFIC PURPOSE’ In addition to outlining the specific circumstances under which a governing body may hold an executive session, the FOIA also states that: “(t)he specific purpose of the executive session shall be announced in public before going into executive session.” In addition, the law states that “the employee in question” may attend an executive session.
No “specific purpose” for the executive session was announced and Maloney did not attend.
The commission returned to the table approximately 90 minutes later and voted to end the executive session and go back to open session.
“I don’t believe there’s any motion pending from our agenda item, action review,” Clifton said. “Is that correct?”
After no motion was made, Clifton asked for a motion to adjourn and the commission voted to do so.
After a few moments, the commission began its second special session of the day.
“We have an agenda item referencing commissioner action,” Clifton said. “Executive session is appropriate.” The commission then voted to adjourn into executive session.
A recording of the meeting continues for approximately 90 minutes with a screen saying “Executive Session in Progress.”
A second recording shows the commission returning to the table. After a vote to end the executive session and return to regular session, Avanzino made a motion to “suspend the rules.”
“Point of order,” Clifton responded. “On what?”
“Any member can make a motion to suspend the rules for discussion,” Avanzino said.
“Can you explain to me what that means?” Holifield asked.
“Suspending the rules essentially lets us, lets me, talk about what I need to talk about,” Avanzino replied.
“Whatever he wants to talk about,” Clifton said. “And me.”
Paulk seconded Avanzino’s motion, but after a roll call vote in which commissioners Chris Jones and Bradley Tate-Greene voted no and Paulk voted yes, Clifton announced: “Motion fails. They don’t have a majority.” Avanzino and Holifield were not asked for their votes.
“That was yea,” Paulk said.
“Oh, yea,” Clifton replied. “I apologize. I thought it was nay. OK.”
“Sorry,” Paulk said. “It doesn’t matter,” Clifton said. “It still fails. OK. But, for the record.”
Clifton then called for a motion to adjourn, but Avanzino responded with a “motion to call for a no-confidence vote of Christopher Clifton,” with a second from Paulk.
On a roll-call vote, Jones and Tate-Greene voted no.
“Motion fails,” Clifton announced, without asking for votes from Avanzino, Paulk and Holifield.
‘Rogue Commissioner Actions’ Although no details regarding the purpose for the commission’s executive session during its second special meeting on June 21 were provided during the open portion of that meeting, a document labeled “Incident Report: Rogue Commissioner Actions” sheds some light on allegations against Clifton.
According to the document, Clifton ordered the editing of a publicly released promotional film. The document also alleges that Clifton contacted the CAPC’s advertising agency, Madden Media, “outside the chain of command and demanded a cease and desist for marketing campaigns without ever bringing up concerns with Marketing Liaison or other board members.”
Paulk has been designated as the commission’s marketing liaison.
The document also alleges that Clifton issued “public statements to an internal stakeholder email thread using an official CAPC account instead of a private, commissioner account.”
Under the heading “Documentation and Evidence,” the document refers to an “incident report” regarding the unauthorized alteration and re-release of the marketing video, an email thread from a Madden employee and an email sent to stakeholders from Clifton.
Under the heading “Impact Analysis,” the documents lists “loss of confidence of other board members, CAPC staff, and the local community.” The document also says “(t)he renewed reputation of the CAPC is now tarnished again,” and cites “loss of transparency for the CAPC.”
A document labeled “Incident Report: Unauthorized Alteration and Re-release of Marketing Video,” says the video was released June 3 at a live premiere and uploaded online.
“The release received great reviews,” the document says.
However, the document goes on to say that “(w)ithout proper approval or oversight, the video was edited, one half-second of video was deleted, and it was re-uploaded to replace the original release. … This violated the trust of CAPC staff, commissioners, and the community.”
Under the heading “Documentation and Evidence,” the document says “(t)his film was approved with a board directive, created and correctly overseen by the Executive Director. After a public release and official posting online, it was then deleted, changed and, re-uploaded. No one individual should have the right to change it.”
The document goes on to say that the video was an original idea presented by Maloney, CAPC administrative manager Danyelle Harris and White Phoenix Films.
“According to the CAPC meeting on (Feb. 22, 2024) it is a cultural film, not a food film, and needs to include music as it is a big part of bars and venues in the area,” the document says.
“During the previous CAPC Regular Meeting on (Jan. 24, 2024) commissioners discussed diversity and inclusion with multiple clarifying that no one would be left out,” the document says.
The document then says: “According to eyewitness statements, this edit was made at the demand of a sole commissioner, Chris Clifton. These statements were made by Mike Maloney, office staff, and the CEO of White Phoenix Films. … According to Chris Clifton, Mike Maloney acted without authority in creating and then editing the video.”
The document then has a header that says “Impact Analysis: Both scenarios are cause for concern, as no one individual should have changed the publicly released film.”
Under that header, the document says: “This deceptive act has caused a rift of trust in an already tarnished relationship between the community and the CAPC.” It adds that “(p)otentially incorrect accusations could cause [sic] an innocent person their career,” and mentions the “possibility of discrimination lawsuits” and the “(d)istrust of vendor such as White Phoenix Films.”
Another document, with a header saying “City of Eureka Springs Advertising and Promotion Committee Statement,” regards the alleged editing of the promotional video. The document, which bears Paulk’s name, is addressed to “Dear Residents and Stakeholders.”
“Recently, a promotional video showcasing the vibrant food, culture, music, and nightlife of Eureka Springs was released to much acclaim. However, it has come to our attention that the video was subsequently taken down, edited and re-uploaded by a commissioner acting independently and without the approval of the full committee.
“We understand the importance of maintaining the integrity and quality of our promotional materials. Therefore, we are taking immediate steps to address this matter, including reviewing the unauthorized changes, restoring the original video, and reinforcing our decision-making protocols to prevent similar incidents in the future.
“We apologize for any confusion or inconvenience caused and appreciate your continued support as we work to promote the unique charm and vibrant community of Eureka Springs.”
The unsigned document closes with “Sincerely, Kolin Paulk, Marketing Liaison, City of Eureka Springs Advertising and Promotion Committee.”
Confrontation
Although Maloney was not present for the beginning of the first special meeting on June 21, he was at the Aud later that day, with one witness reporting that Clifton tried to have Maloney removed.
“It (the second special meeting) was supposed to start around 11:30 in the morning,” said Heather Wilson. “I arrived just before then, and it was tense. They had broken out of executive session. Mr. Avanzino was in the lobby of the Aud passing out manila file folders. I don’t know to whom. I think just to the other commissioners. But as I was trying to walk in, what happened — and I had to go around — was Mr. Clifton was physically accosting Mr. Maloney, who was trying to enter the Aud, standing in front of him. It was uncomfortable. I didn’t want to be in the crosshairs. So I walked around to walk inside and up the steps where I turned around and (Clifton) was just yelling and telling him he couldn’t come in.
“So they went back into the session and Mr. Maloney came into the Aud and everyone was just sitting for quite a long time. When the commissioners came back in, Mr. Clifton began yelling, raising his voice, hovering. Mr. Maloney was seated, so he was hovering over him until he stood up and (Clifton) tried to get the police officer to come. … He was stomping over to the officer who was there — the officer looked a bit surprised and kind of taken aback — telling the officer, directing him to physically remove Mr. Maloney. Everyone there was protesting and saying, ‘you can’t do that. This is a public meeting.’ And Mr. Maloney was saying ‘why? Why don’t you want me here? If if this is a public meeting, I am allowed to be here.’ And Mr. Clifton just kept telling him he was wrong, He couldn’t stay, and he was shouting. Finally, Kim Stryker stood up and told Mr. Clifton, ‘No, he is allowed to stay. This is a public meeting. He can stay.’ ” Stryker is the administrative assistant to Mayor Butch Berry.
“Mr. Clifton was very flustered,” Wilson said. “He sighed and just kind of walked off. And then Mr. Maloney raised his voice and said ‘I’m leaving under protest because he thinks he knows everything. And so I am going to leave.’ So he left. And one of the reasons that he left is just, and I’m just theorizing here, he was obviously frustrated, but I think he did not want the situation to escalate further than it already had. It was very tense. It was very uncomfortable. And I think he felt, leaving is probably the right thing to do at this juncture because it’s already been escalated. So he did say ‘I am leaving under protest because he thinks he knows everything.’ And he motioned his arm toward Mr. Clifton and then he left. And everybody just sort of looked around like, ‘wow.’ And that was that.”
POLICE PRESENCE
A Eureka Springs police officer was in the Auditorium lobby during the first special meeting. Police chief Billy Floyd said he wasn’t sure who requested the officer’s presence.
“There wasn’t really anything that required law enforcement,” Floyd said. “I’m not exactly sure who called because somebody had one of our other officers’ phone number and texted them and said, ‘hey, can you send somebody to the Aud?’ ” “When my officer got there, they were already in or about to begin an executive session. So people were just kind of milling around. And he was the only one on duty. So he left. I think maybe he came back when they went back into regular meeting. And then they went in executive session again.
“I think it stemmed from somebody wanting Mike Maloney removed from the Aud,” Floyd said. “Because of their request that he not be allowed on the property at all. But that wasn’t reflected by us. It was a public meeting, and I told my guy ‘you’re not going to kick anyone out of a public meeting unless they’re threatening or committing a crime. … As far as mediating a meeting, they’re not going to use law enforcement for that. I won’t allow them to.”
‘TENSE SITUATION’
Wilson said the situation was frustrating for her and others in attendance.
“It was just a very overall tense situation,” she said. “Some people were very flustered, I being one of the people who expected a meeting to start at 11:30 or thereabout, leaving at almost 2 in the afternoon. That was also quite frustrating for myself and many others. We expected to come to this meeting and learn something about the progress being made, and instead hours were spent on what? And hours and hours continue to be spent on what? And so now … many people are planning to show up on Wednesday, and I think that’s a good thing. However, how many more hours are going to be spent on this versus elevating our businesses in our town?”
The CAPC was scheduled to hold a workshop on the afternoon of Wednesday, June 26, before its regular meeting at 6 p.m. The workshop was canceled Tuesday afternoon, however.
The CAPC’s regular meeting will be held after the press deadline for this week’s issue of the Times-Echo, but a full report will be posted Thursday, June 27, online at www.EurekaSprings-TimesEcho.net.
Wilson said the confrontation between Clifton and Maloney was intimidating.
“I’m a small woman,” she said. “And so to see one man trying to tower over another very large man as you walk into the threshold of a building. That’s what you’re greeted by. And this is one of your commissioners and then the (director) that is suspended, both men of whom I’ve never met personally, until that day, it was just startling.
“Like, wow, if this is how you conduct yourself out in the open, how are you conducting yourself behind closed doors? And I think that’s a fair question to ask.”
Neither Clifton nor Maloney returned calls seeking comment. Stryker did not respond to an email seeking comment.
