Press Release: A Lawsuit Brought Against the City of Ft Smith & City Admin Carl Geffken

A Lawsuit Brought Against the City of Fort Smith and City Administrator Carl Geffken

Secure Arkansas is glad to see this lawsuit brought forth, as too many city officials are overstepping the bounds of their authority and obligating their city or town beyond established limits. We, the people, must watch out for an excessive exercise of power by governmental authorities and hold them accountable. We have seen many instances of corruption and abuse of power that undermine public trust, so this lawsuit helps with transparency in governmental actions.

Sending a shout out to Joey and Stephen for safeguarding our freedoms and wishing you both Godspeed!

PRESS RELEASE

Joey McCutchen – 479-783-0036

On October 3, trial lawyers Joey McCutchen and Stephen Napurano, representing Fort Smith resident Brian Westney, filed a lawsuit against the City of Fort Smith and City Administrator Carl Geffken. The lawsuit seeks a declaratory judgment on claims that Carl Geffken exceeded his authority by unilaterally binding the City to substantial financial obligations related to the Climate Pollution Reduction Grant (CPRG) program, without the necessary approval from the Fort Smith Board of Directors.

The CPRG program, administered by the EPA, supposedly aims to reduce greenhouse gas emissions but imposes a wide array of burdensome obligations on participating entities. These obligations extend far beyond environmental concerns and come with significant strings attached.  In July 2024, the EPA announced a total award of $99,999,999 to the Tri-Region Arkansas Coalition, of which $14.5 million was allocated specifically to the City of Fort Smith. This Coalition is comprised of the City of Fort Smith and various local governments from three distinct regions of Arkansas: Central Arkansas (Metroplan), Northwest Arkansas, and the Arkansas River Valley.

The lawsuit centers on the two Memoranda of Agreement (MOAs) that City Administrator Carl Geffken entered into without the approval of the Fort Smith Board of Directors in connection with the Climate Pollution Reduction Grant (CPRG) program. Geffken exceeded his authority by executing Memoranda of Agreement (MOAs) with the Arkansas Department of Energy and Environment, Division of Environmental Quality, and Metroplan. These agreements impose significant obligations on the City concerning environmental planning, including the development of a Priority Action Plan and a Comprehensive Action Plan. Mr. Geffken certified in these agreements that he was authorized to sign on behalf of the City and commit the City to the agreed-upon terms. However, Mr. Geffken did not have authority from the Board of Directors to execute either of these agreements or to bind the city to their terms.

The lawsuit seeks a declaratory judgment affirming that City Administrator Carl Geffken exceeded the scope of his authority by signing the agreements, rendering them void. Additionally, the lawsuit seeks a ruling that the City of Fort Smith is unable to accept any grant funding associated with the Climate Pollution Reduction Grant program due to Mr. Geffken’s overreach.

McCutchen stated, “We have an elected board that should be involved in important decision-making matters, especially when decisions jeopardize local control. No one person should ever choose to bypass his boss, the elected board, when doing the people’s business.”

See the linked Complaint and Press Release from the City of Fort Smith regarding the CPRG Program award.

Joey McCutchen

Trial Lawyer

“Protect the 7th Amendment; it’s the one that protects all the rest.”

McCutchen Napurano – The Law Firm
P.O. Box 1971, 1622 North B Street
Fort Smith, AR 72901

Office: (479) 783-0036    Fax: (479) 783-5168

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