Petition to remove Blevins is dismissed

A petition to remove Sebastian County Circuit Clerk Ken Blevins was dismissed Thursday morning following a brief court hearing.

Miller County Circuit Court Judge Kirk Johnson dismissed the petition to remove Blevins saying by statute a citizen cannot have an elected official removed from office, according to this report from KFSM 5 News reporter Jared Broyles.

Johnson said the only way for Blevins or any other elected official to be removed from office is if a grand jury is first called and an indictment is issued.

Johnson presided over the case because all six Sebastian County Circuit Court judges recused themselves in the case.

On May 12, a three-member Sebastian County grievance committee ruled that Circuit Clerk Ken Blevins sexually harassed office employees and created a hostile work environment. But the ruling was hollow in that the grievance committee has no enforcement power against an elected official.

Primary complainants in the case are Tyanna Caldwell, Jean Austin and Lynsey Shockley. Following the grievance hearing, Fort Smith attorney David Dunagin filed an action seeking the removal of Blevins from office.

According to plaintiff’s attorney David Dunagin, Johnson interpreted the law to say that the only way a citizen can petition for an elected official’s removal is if they are accused of financial gain related to their office.

Blevins was pleased Thursday morning, telling 5NEWS by phone the petition to remove him from office was unconstitutional and called it “a joke.” He has said in the past and continued to state that the proper forum for the women’s complaint lies with the Equal Employment Opportunity Commission.

The EEOC case in spending.

Dunagin said he expects a civil suit will be filed on his clients’ behalf against Blevins for sexual harassment and defamation of character, according to the KFSM report. Dunagin said the women have been approached by multiple attorneys anxious to sue the county because of its “deep pockets.”