TERRICA HENDRIX
Reporter
LITTLE ROCK – A lawsuit filed against the
City of Nashville and its then-city attorney has
been dismissed.
The lawsuit – filed last year by the Republican
Party of Arkansas Chairman Doyle Webb
against then-Nashville City Attorney Nate Steel
– alleged that “Nate Steel violated the Arkansas
constitution by having two positions and having
his hands both in the treasury cookie jar
of the City of Nashville and the cookie jar of
the State of Arkansas,” Webb told the media
last October. “An opinion by Attorney General
Mark Pryor, 2002-209, clearly established that it
is illegal to hold both the office of City Attorney
and serve in the State Legislature. For this I am
filing a lawsuit against George Nathan Steel for
illegal exaction, for receiving funds from both
the treasury of Arkansas and the city of Nashville
for nearly three years,” Webb said.
In the lawsuit filed less than three weeks before
the Attorney General election where Steel
was the Democratic candidate, Webb stated
that Steel cannot hold two civil offices at the
same time because he was the Nashville City
Attorney and State Representative.
“No Senator or Representative shall, during
the term for which he shall have been elected,
be appointed or elected to any civil office under
this State,” according to the Arkansas Constitution
Article 5, Section 10. However, A.C.A 14-43-
319, states that “If no resident attorney of the
city is willing to serve as city attorney or if no
attorney resides within the limits of the city,
the mayor and city council may contract with
any licensed attorney of this state or the attorney’s
firm to serve as legal advisor, counselor,
or prosecutor until a qualified city attorney is
elected or qualified.”
“This lawsuit filed against me and my hometown
is frivolous and I have no doubt it will be
dismissed. However, nothing will likely happen
until after Election Day, which highlights the
fact that this is a political stunt,” Steel said
last year. “It is clear that this has been filed
in an attempt to distract from my opponent’s
imploding campaign. The fact that it is filed 20
days before the election, and before the FOI responses
have even been fulfilled, clearly shows
that my opponent and her supporters know
that the momentum in this race is in our favor.”
Steel explained that Nashville did not have
resident attorneys who were available to counsel
the city. Steel’s contract with the city of
Nashville stated that, “It is being understood by
and between the parties hereto that employer
does not hold the office
of city attorney, but shall
serve as the city contracted
attorney and counselor pursuant
to A.C.A 14-43-319(2)
(A).”
“I was proud to represent
the city [of Nashville] as
state representative and I
was proud to do legal work
for the city,” Steel stated via
telephone interview. “Both
the city and the Municipal
League and all other parties
involved noted that there was
nothing illegal or in any way
improper about that work.
However, in an effort to get
this political lawsuit behind
us, we reached an amicable
settlement wherein we maintained
that nothing improper
was done but agree to help
pay a small part of the costs
associated with this lawsuit.
For litigation going on for
over a year, you can tell from
the amount we agreed to pay
just what kind of political
nuisance lawsuit this was.”
Steel confirmed Monday
morning that he paid $2,500
in fees and costs and the
lawsuit against him was dismissed.
“Both current city attorneys,
Bryan Chesshir and
Aaron Brasel, are currently
serving as CA under the same
statute that I did (and they
too hold other offices), so
nothing has changed. It is
very common,” Steel ended.
