Special prosecutor to investigate City of Fort Smith, acting administrator in FOIA case

Sebastian County Prosecuting Attorney Dan Shue has turned over a “criminal liability” investigation into the City of Fort Smith and Acting City Administrator Jeff Dingman to a special prosecutor assigned by the Office of the Prosecutor Coordinator in Arkansas.

The potential liability stems from a Freedom of Information Act (FOIA) request made in early May by Fort Smith attorney Joey McCutchen to the city for records related to the hiring of an internal auditor.

The Fort Smith Board of Directors voted April 22 to hire Rebecca Cowan as internal auditor. After it was disclosed she faced a felony charge, the board rescinded the hiring on April 24. The city administrator and the internal auditor are the only two city jobs directly hired and fired by the board.

McCutchen filed a lawsuit May 2 claiming the city did not provide documents requested through the FOIA related to the internal auditor issue. He argued that Dingman knew Cowan had a felony charge and did not forward to the board documents from Lolley about her background.

Sebastian County Circuit Court Judge Dianna Hewitt Ladd issued an order June 5 finding that the city and Dingman did violate the FOIA. Based on findings during the hearing, Judge Ladd supported McCutchen’s assertion that Lolley provided background info. McCutchen said after Ladd’s ruling that he may ask Shue to investigate the possible destruction of documents that were sought in the FOIA request.

In his official special prosecutor request through the Sebastian County Circuit Court, Shue said he has a conflict of interest and can’t pursue the investigation into the city and Dingman.

“A Special Prosecuting Attorney needs to be appointed to determine the nature and extent of any investigation that may be necessary; to make a charging decision; and, if necessary, to undertake prosecution,” Shue noted in his motion to the court.

Shue also asked for investigative support from the Arkansas Attorney General’s office.

“On June 4, 2025, I received a citizen’s complaint with regard to possible criminal liability involving the City of Fort Smith/Jeff Dingman related to a Freedom of Information request made by Joey McCutchen,” Shue noted in a Monday (June 9) statement from his office. “I have requested that the Office of Attorney General – Public Integrity Unit undertake this investigation. That office has agreed to do so.”

“It speaks for itself,” McCutchen said Monday. “It merits an investigation, and we’ll see where that leads.”

Talk Business & Politics has requested comment from the city and Dingman and will update this story when/if comment is received.