Attorney: Fort Smith Board has ‘no obligation’ to identify internal audit candidates

The Fort Smith Board of Directors on Tuesday (July 8) held an executive session to interview a director of internal audit but refused to provide information about the candidate. The board did provide a name after its executive session.

The director of internal audit is only one of two top city jobs directly hired by the board, with the other being the city administrator. The board in April was forced to reverse its decision to hire Rebecca Cowan as internal auditor when it was discovered she faced felony charges.

Public bodies such as school districts, city governments, and other local governing bodies typically provide names of candidates to top positions. For example, the Fort Smith Public School District provided the names of finalists in a recent superintendent search. Also, the City of Fort Smith provided the name of its internal auditor candidate in April before a vote to hire the candidate. However, the interview process leading up to the April vote was handled by city staff and was not transparent.

Josh Buchfink, public relations manager with the City of Fort Smith, told Talk Business & Politics that he has not been part of the process and does not know names of candidates.

Prior to exiting into executive session, Talk Business & Politics asked the board if they would identify the candidate. City Director Lee Kemp, the board’s liaison in the effort to hire an internal auditor, responded by declining to provide a name because the person “has a job.”

Although the city provided the name of its internal auditor candidate with its April 22 agenda prior to hiring Cowan, attorney Jerry Canfield said the board does not have to provide candidate information prior to a board interview.

“If the board doesn’t want to do it, there’s no obligation that they do it,” said Canfield, who provides legal services for the city through Daily & Woods Law.

The Arkansas Freedom of Information handbook indicates that files containing the applications of job candidates for public jobs are “generally” subject to public disclosure.

The board, after returning from executive session, said Amanda Strange was the candidate interviewed. Strange works for accounting firm Forvis Mavars in its Fort Smith office. The firm conducted the recent independent audit of the city’s financial statements.

According to her LinkedIn profile, Strange has more than 17 years of experience “in accounting and assurance services.”

“As an audit Director with Forvis Mazars, I work with Commercial Services clients to provide audit and consulting services,” Strange noted in her profile. “I work with several clients in the energy sector but also have a broad client base that includes employee benefit plans.”

After the executive session, Kemp said he received more than 15 applications for the internal auditor job, and the board plans to interview at least three more candidates. Kemp would not say if the board would release names of candidates, but in an email after the meeting he noted that “the Board of Directors did agree tonight to begin asking candidates in advance for permission to release their names publicly.”