Federal lawsuit names Gravette, its mayor, council and library commission as defendants

Allegations denied by city’s attorney

— A federal lawsuit was filed in the Arkansas Western District Court on Feb. 2 which names the city of Gravette, Mayor Kurt Maddox in both his individual and official capacity, the members of the Gravette City Council and the members of the Gravette Library Commission in their official capacity. The suit, originally filed by Rhonda Kim Schneider through her attorneys, the Bailey and Oliver Law Firm, in the Benton County Circuit Court on Dec. 26, 2016, requests a jury trial and alleges Schneider's position as library manager was wrongfully terminated as a result of her reporting to authorities, including the state fire marshal, safety hazards in the newly-renovated library building on Main Street which included buckling of the floor and bricks falling from the wall.

Mayor Maddox acknowledged the lawsuit on Friday but declined to comment, based upon the advice of the municipal league attorney representing the city and others named in the suit, and referred the Eagle Observer to the Municipal League's legal department.

"We deny any allegations of wrongdoing on the part of the city of Gravette, the mayor, the council and the library commission," said Sara Monaghan, the Arkansas Municipal League attorney representing Gravette and all in the suit, on Friday. "We intend to fully defend them against the allegations," she added.

According to the original complaint filed by Schneider, the state fire marshal inspected the building on Aug. 3, 2016, not long after the newly-renovated library building had been opened to the public. The complaint alleges the fire marshal found the building unsafe and ordered that it immediately be closed until proper repairs had been made and the building was deemed safe, subject to a subsequent building inspection. The complaint further alleges that the mayor ordered the library open on Aug. 4, contrary to the state fire marshal's order, and that an emergency council meeting was called on Aug. 12, 2016, at which the council ordered the library closed until repairs were made and the library inspected.

The complaint alleges that after the library was reopened on Sept. 6, 2016, a special council meeting was called on Sept. 8, 2016, to consider an ordinance proposed by Mayor Maddox which would change the library from a municipal library to a city library managed by a library supervisor under the oversight of the mayor. The ordinance also disbanded the current library commission and made the new commission an advisory body only, according to the complaint.

The complaint further alleges that Mayor Maddox proposed the ordinance with the specific intent of bringing the head library position under his control so that he could terminate Schneider for reporting a public safety issue at the library.

The complaint alleges Schneider was defamed by two former library employees who had been lawfully terminated and that the ordinance was then passed in a 10-minute private meeting between Mayor Maddox and the council.

The complaint alleges that on Sept. 12, 2016, Schneider was summoned to the mayor's office and then told by the mayor that her position as library manager had been eliminated by the new ordinance and she was fired, taken to the library to collect her personal items and then made to turn over her keys and badge.

The complaint alleges that Schneider's termination was unlawful under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1871, the Arkansas Whistleblower Act, and the First Amendment to the U.S. Constitution. It also alleges the council's actions in passing the ordinance to be unlawful and alleges that Mayor Maddox "intentionally and with malicious forethought inflicted emotional distress onto (Schneider) and caused her character to be defamed...."

Though a court date was not made available to the Eagle Observer, the truthfulness of the allegations will apparently be determined by a jury, as requested by both sides in the case.

The Sept. 14 issue of the Westside Eagle Observer reported the following concerning the special meeting of the city council: "Members of the Gravette city council, at a special council meeting Thursday night, passed an ordinance creating a municipal library for the city of Gravette and establishing a municipal library advisory board. The ordinance is patterned after one used by the Bentonville library, Gravette mayor Kurt Maddox explained.

"In the comment period prior to the meeting, Rhonda Baerwald and Artemis Edmondson, two former library employees, spoke and outlined the circumstances of their dismissal. Dodie Evans, one of the city's first library commissioners, also spoke in support of the library....

"Roy Perrine, chairman of the library commission, addressed the council briefly and said the current commission was already a board of trustees, according to a source at the state library commission, and said, 'I just ask you to recognize us and let us do our duties.'

"David Bailey, city attorney, said he had always been a supporter of the library and gave his interpretation of the Arkansas library laws. He said that after extensive research, he found no problem with the ordinance presented. The ordinance passed unanimously, with council member Margo Thomas abstaining."

The Aug. 24, 2016, Eagle Observer reported: "A special city council meeting was held last Friday to discuss renovations to the Gravette public library. The east side of the library was filled with citizens and several had to remain standing during the meeting.

"Kurt Maddox, mayor of Gravette, opened the meeting with a review of recent developments at the library. When the state fire marshal inspected the library pass-through door and pronounced it unsafe, a structural engineer from Robbins Engineering Consultants in Little Rock was called in, and Maddox distributed copies of the firm's report.

"The REC report showed they found no signs of distortion or deflection in the wall or angle. However, their review of the angles, based upon the load supported by the lintel, indicated the angles would be over stressed. Given the fact the wall is quite old and relatively fragile compared to modern construction, they recommended the lintels be given additional support. This can be accommodated relatively easily, they said, by adding steel structural members to the existing angles.

"The engineering report also covered a review of fire damage that occurred many years ago. The damage was to a few floor joists and partially to one girder in the crawl space under the building. The report recommended two floor joists have masonry support built to support the joists and solid wood blocking between ends of the joists. Maddox said that work had been done the day of the meeting at a cost of $130.

"No citizens spoke up during the comment period at the beginning of the meeting, but several persons tried to interject comments during the meeting. They were told by Mayor Maddox that they could not interrupt at that point.

"Because the state fire marshal had recommended closing the library completely, council member Ron Theis questioned why the library was opened again the following Monday. Maddox said, at the time he made the comment he was looking at the west side of the library, so only the east side was reopened.

"Melissa Burnett, another council member, asked if the fire marshal looked at the deck being built out back. Maddox said he did not inspect the deck because county inspectors were taking care of that part of the project.

"Maddox said that the council waived engineering requirements on the library project but specified that the work would be done to code and by licensed and bonded contractors. He said it was the contractor's responsibility to get permits but they didn't get them because they thought they weren't needed when working for the city.

"Council member Margo Thomas commented that the library problems shouldn't have ever happened; but Rod Clardy, another council member, said, 'Since it has happened, we need to make the repairs, get on with it and open the library.'

"Theis also questioned why it had been so long after the fire marshal's visit before action was taken to call in a structural engineer for his assessment. Since this is a safety issue, lives are involved, he said, and he also recognized that livelihoods of the library employees were involved.

"Richard Carver, council member, said that since this was a city project and the building was a public building, they should have had plans and gone by the plans. Instead, workers simply did what they thought should be done.

"Mike von Ree, city clerk, recommended that the library be closed for two weeks so the work could be done. Theis questioned whether the employees would lose their jobs if the library was closed and one employee spoke up, saying she had already lost hers. It was pointed out that she had not lost her job but had been laid off. Maddox commented that this was done because he reasoned that if half the library was open, only half the employees were needed.

"Theis commented that the employee who was laid off was the wife of the man who had questioned the safety of the door supports and the damaged floor joists and asked if that were just a coincidence. Maddox said the city went by seniority and she was the newest employee so was the one chosen to lay off.

"Theis said he felt the employees shouldn't lose their jobs because the shutdown wasn't their fault and Clardy agreed. Thomas recommended the council follow von Ree's suggestion, shut down and get the work done.

"Carver then made a motion to close the library for two weeks, get the work done and give the employees full pay during the time closed. The motion passed unanimously."

According to Eagle Observer articles, the Gravette Library opened at its current location in February of 2016.

General News on 02/15/2017