LITTLE ROCK, Ark. — An audit released by the Arkansas Legislative Joint Auditing Committee has revealed that the state Board of Corrections owes attorney Abtin Mehdizadegan over $230,000 related to a lawsuit against Governor Sarah Huckabee Sanders. The report, unveiled during Friday’s committee meeting, stated that the board lacks the means to fulfill the payment obligations under the contracted agreement.
According to the audit, as of February 11, the total amount owed to Mehdizadegan stands at $230,108. The auditors suggested that future contracts should be vetted through the State Procurement office and approved during public meetings to prevent similar situations from arising.
One lawmaker expressed dissatisfaction with the audit’s findings. Senator Johnathan Dismang, R-Beebe, criticized the board’s decision-making process in hiring Mehdizadegan, stating that the audit seems to provide a rationale for questionable actions. “It’s disappointing,” Dismang remarked, emphasizing that the results indicate a disregard for proper appropriation procedures.
Lee Watson, a member of the Board of Corrections, defended the board’s actions, arguing that engaging outside counsel was necessary in this case due to conflicts with the Attorney General’s office. He explained that the current litigation stems from two laws enacted this year that transferred significant authority from the Corrections Board to both the Governor’s office and the Department of Corrections secretary’s office.
“Hindsight is always 20-20,” Watson remarked, suggesting that the board had to react to what they deemed unconstitutional measures by state legislators.
The ongoing legal battle between the Corrections Board and Sanders revolves around laws passed in 2023 that alter the governance structure of the Department of Corrections. The Arkansas Supreme Court recently upheld a preliminary injunction that pauses the implementation of these laws while the board’s lawsuit continues in Pulaski County. However, the court’s decision did not address the legal merits of the dispute.
“Hopefully, we’ll have a resolution soon,” Watson added, indicating the urgency of the matter.
The board retained Mehdizadegan to bring legal action against Sanders but found itself counter-sued by Attorney General Tim Griffin, who accused the board of violating the Arkansas Freedom of Information Act. Griffin’s suit alleged that the board conducted illegal executive sessions to make the hiring decision and failed to adequately respond to open-records requests.
Watson noted that the contention started with the governor’s office and corrections secretary’s decision to transfer inmates to overcrowded prisons, raising questions about public safety and legality.
The audit did not delve into the substantive issues of either party’s lawsuit but emphasized that the Corrections Board must consult with the State Procurement office before making hiring decisions in the future. It pointed out that the attorney’s contract did not designate a payment method, as the authority to process payments rests with the State Procurement office. Furthermore, the board failed to properly submit or ratify the contract with Mehdizadegan.
Dismang expressed frustration with Watson’s justifications and voiced disappointment over the audit’s conclusions. “It’s not what I anticipated or expected,” he said, urging the rest of the board to reflect on the audit findings.
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