Council Approves Anderson Settlement With No Discussion

JONESBORO, Ark. – At Tuesday night’s meeting, the Jonesboro City Council voted to approve the resolution allowing a $35,000 payment as the city’s part of a settlement agreement with Rachel Anderson.

By a vote of 11 to 1, the council approved the resolution that was only finalized this morning by City Attorney Carol Duncan. Councilmember LJ Bryant was the only nay vote. Resolution 24-031 was approved as a special walk-on item as the first piece of business for the council, although questions and discussion were not allowed. 

Annie Depper of Fuqua Campbell, P.A., the law firm representing the city leaders, and Keith Wren, attorney with the Arkansas Municipal League (AML) were before the council to give a brief presentation on the settlement proposal. Depper said that Anderson’s lawsuit was filed in December 2023 alleging various violations including due process, free speech, and more. As Depper detailed the timeline of events, she conveniently skipped the judge’s order granting Anderson a name-clearing hearing, saying next that the judge ordered both parties into mediation.

According to Depper, both sides were unable to reach an agreement for a settlement on March 28. The next day, the mediator sent a proposal to both sides: 

• A payment of $99,000 to Anderson; $35,000 paid by the city of Jonesboro, $64,000 paid by the AML. 
• Anderson’s termination letter be removed from her employment file and replaced with a resignation letter
• There would be a neutral recommendation for any potential employers inquiring
• Case would be dismissed with prejudice

Depper said it was her opinion, after reviewing the case, this was an appropriate settlement. Since the case would ultimately land in front of a jury, Depper said settling here mitigates the risk. She speculated a jury trial would cost the city over $100,000 – and that may have been a conservative estimate, given that Anderson’s lawyer, Luther Sutter, said it could cost the city up to $2 million, if they had chosen to continue to fight. Given that Depper predicted the attorney fees for Sutter & Gillham, P.L.L.C. representing Anderson to trial would exceed $100,000 alone, she seemed to make her point that a $35,000 payout was a bargain for the city. 

Both Mayor Copenhaver and Police Chief Rick Elliott agreed to the settlement terms, Depper said, as did Anderson. However, if the council did not approve the offer, Depper said the case would go to trial. 

Wren had yet to speak a word, waiting for potential questions from the council. Depper presented herself and Wren as available for questions. Councilmember Chris Moore, Ward 2, Position 2, began to chair the meeting during this matter, as the council’s mayor pro tempore.

“As I proposed this to the council, and I have discussed it with, uh, our city council/counsel (unclear), we have no questions on the basis of the merits of the case,” Moore said. “Simply before us is do we want to limit our liability to $35,000 dollars, yes or no. All council/counsel (unclear) has agreed that would be a prudent move. So that – that is the only item to be discussed. We have a motion and a second. I would ask the clerk to call the roll.”

Many watching the meeting felt Moore had stated that city council members met ahead of time for discussion about the settlement – especially with discussion being purposely skipped. But that would violate open meetings laws. Moore seemed aware of this when NEA Report reached out to him after the fact, as he first claimed he said the city attorney (counsel) and not the city council – and then said he had misspoke. However, he apparently misspoke twice, as he said all council (or counsel?) agreed it would be a prudent move – notably before cutting off the discussion with the city council members. 

Moore made no pause for discussion or to allow for questions from council members to be asked. Instead, as the video shows, he immediately asked the clerk to call roll.

“I was a little surprised it went as fast as it did,” a member of the mayor’s administration acknowledged to a reporter after the meeting. 

Moore told NEA Report that City Attorney Carol Duncan advised him there could be no discussion because it was ongoing litigation. Moore claims he did not speak to anyone in the mayor’s office ahead of time about stopping the discussion. He also said he did not speak to anyone on the city council. The only conversation Moore said he had ahead of time on the topic was with Duncan.

But even when Councilmember David McClain attempted to speak during his vote, Moore spoke over him and incorrectly said it was only an up or down vote. McClain, seemingly frustrated, withdrew his question and voted aye. 

According to Moore, the reason he stopped McClain from asking a question was because he asked after the vote had started – even though Moore never gave anyone time to speak. 

Councilmember Bryant also felt like Moore wasted an opportunity to ask legitimate questions about the settlement process.

“I would have asked the AML more questions about how does this impact you guys and how does all this work?” Bryant told a reporter. “There’s a bigger picture here of the untold dollars of the time our employees spent in court and working on this. The true cost to our city is well beyond $35,000.”

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During and after the meeting, NEA Report pointedly asked Moore if he was put up to blocking the discussion by someone in the mayor’s office. After a text message and a missed phone call, Moore returned our reporter’s call. Several elements of that conversation are quoted and referenced above, but this is the full conversation:

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Only Councilmember Bryant voted against the settlement agreement. He explained why afterward to a reporter. 

“I wanted Rachel to be compensated for how she was wronged,” Bryant said. “I just wanted the mayor to be on the hook for the $35,000. I think we have a tendency to say ‘the city,’ but that’s the taxpayers’ money. It’s not a magical entity that has money. It’s real money that has to be spent on something that should have never happened.”

Although council members weren’t allowed to speak on the topic, the mayor was. Ironically, he thanked the council for their guidance on the topic. 

“Council, the only comment that I will make at this time is I do thank you for your guidance on this matter,” Copenhaver said. “I appreciate that the city can move forward as well and I hope Ms. Anderson – we wish her well in her future endeavors.”

Discussion and questions were allowed again for the remaining items of business. The mayor discussed how 20,000 visitors showed up to Jonesboro during the eclipse – about 1/5th of what was predicted. The mayor celebrated the news about the new Amazon facility, mentioned the Delta Crawfish Festival, and acknowledged Lee Wells as the new director of the JET bus program. The mayor also said he was looking forward to sharing news about a new communications director for the city, soon. 

The Anderson settlement was again discussed during council reports, as Bryant took the opportunity to voice what he felt was the will of the voters. 

“I would just say the taxpayers I heard from today want the mayor to pay the [$35,000] from the city,” Bryant said. “So I would encourage the mayor to pay for his mistake.”

During public comments, one citizen spoke up about the Anderson case. Jonesboro resident Dustin Medlin said the mayor’s mistake could have paid for 3,170 meals, 7,431 school meals, or 700 potholes. Medlin asked what city leaders were going to do to prevent prideful, egregious mistakes like this from happening in the future.

“The epitome of democracy is freedom of speech, end all be all, regardless of your position. Rachel Anderson has the most upstanding record of any citizen I have met in Jonesboro, from my personal experience. You should be ashamed of what you did and what you cost the taxpayers. That’s all I have to say today. Thank you for your time.”

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Full text of the adopted resolution:

A RESOLUTION OF THE CITY OF JONESBORO, ARKANSAS AUTHORIZING THE MAYOR TO AGREE TO A SETTLEMENT IN THE ANDERSON LAWSUIT AND TO APPROPRIATE FUNDS

WHEREAS, the City of Jonesboro and Rachel Anderson participated in court ordered mediation in the currently pending lawsuit; and

WHEREAS, the parties have come to a tentative agreement regarding all issues involved in said lawsuit, pending City Council approval; and

WHEREAS, the City of Jonesboro believes it is in the best interests of the City to end this litigation to prevent further litigation expenses.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF JONESBORO, ARKANSAS THAT:

1. The City of Jonesboro shall settle the pending litigation referenced above for the total sum of $35,000.00 in attorney’s fees and costs to be paid by the City of Jonesboro.

2. That said monies shall be appropriated from general administration funds in the budget.

3. The Mayor, Harold Copenhaver and City Clerk, April Leggett are hereby authorized by the City Council for the City of Jonesboro to execute all documents necessary to effectuate this agreement.