Arkansas Citizen to Sue Mike Huckabee Over His Involvement With Establishing Mexican Consulate

Arkansas Freedom ^ | Dec. 21, 2007 | Arkansas Freedom

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IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS SIXTH DIVISION

JIM PARSONS

PLAINTIFF

VS.

CV-07-9346

MIKE HUCKABEE, in his individual capacity only; MIKE BEEBE, in his official capacity only; INDEPENDENCE COUNTY; CITY OF LITTLE ROCK, ARKANSAS; the MEXICAN CONSULATE OF LITTLE ROCK, ARKANSAS; FRANKLIN COUNTY, ARKANSAS;

DEFENDANT

PLAINTIFF’S THIRD AMENDED COMPLAINT INCLUDING A FREEDOM OF INFORMATION ACT CLAIM1 (Expedited hearing sought pursuant to A.C.A. § 25-19-107)

Comes now Jim Parsons, Plaintiff, by and through his attorney Oscar Stilley, and for his third amended complaint states:

GENERAL ALLEGATIONS

1. Plaintiff represents those classes of taxpayers who have been, continue to be, and may in the future be adversely affected by the actions and omissions which are the subject of this complaint. Defendant has acted or failed to act in a manner which is generally applicable to all of those who are represented, and the claims of the representative party is typical of the claims of the class. The class is so numerous that joinder of all members of the class is impracticable.

1

See Page 11 for the Freedom of Information Act claim.

There are questions of law and fact common to the class, and the representative plaintiff herein will fairly and adequately protect the interests of the entire class. The relief sought is common and beneficial to the class.

2. This taxpayers lawsuit, to prevent an illegal exaction and to recover funds illegally paid, is in its nature a class action.

3. Plaintiff is and was at all times relevant to this cause a citizen and resident of the State of Arkansas. Plaintiff has paid and will continue to pay taxes to the State of Arkansas.

4. Defendant Mike Huckabee is a resident of Pulaski County, Arkansas.

[snip] 11. The Mexican Consulate of Little Rock, Arkansas, is believed to be a corporate or other entity subject to suing and being sued. The Plaintiff seeks a refund from the Mexican Consulate of the City of Little Rock of the money received from the governor’s emergency fund as outlined herein, by and through the City of Little Rock. This claim is made jointly and severally against the City of Little Rock and the aforementioned Mexican Consulate.

COUNT 1 - USING PUBLIC FUNDS FOR PURPOSES NOT AUTHORIZED BY LAW - DECLARATORY JUDGMENT - DISQUALIFICATION TO HOLD OFFICE

12. Plaintiff restates and realleges all other parts of the complaint to the extent not prohibited by law or ethical rule.

13. Ark. Const. Article 16 § 3 provides:

Making profit out of or misusing public funds - Penalty.

The making of profit out of public moneys, or using the same for any purpose not authorized by law, by any officer of the State or member or officer of the General Assembly, shall be punishable as may be provided by law; but part of such punishment shall be disqualification to hold office in this State for a period of five years.

14. This complaint sets forth reasons and facts demonstrating that Mike Huckabee used certain public moneys for purposes not authorized by law or contrary to law, and thus constituting illegal exactions.

15. Plaintiff requests that as part of the relief Mike Huckabee be enjoined, prohibited, and forbidden from holding any office in this state for a period of five years.

16. The expenditures complained of herein arise from certain appropriation acts including Act 131 of 2005 and Act 221 of 2003. By way of example Act 131 of 2005 is reproduced herein[snip]

22. Governor Mike Huckabee spent the money however he chose without regard to whether the Governor's Emergency Fund Review Committee approved the expenditure or not.

23. The requirement of review should be construed and ruled to require at least a majority approval by those lawmakers charged with making the review.

[snip]

25. Those proposals not receiving a majority vote are and should be deemed illegal exactions, and Mike Huckabee should be ordered to repay same out of his own estate. The recipients of said funds should likewise be held jointly and severally liable for the repayment of the illegally paid out funds.

[snip]

27. For the facts shown, these expenditures of state tax dollars constitute illegal exactions, and Mike Huckabee should be ordered to repay same out of his own estate, and prohibited from holding any office in this state for a period of 5 years.

COUNT 3 - USING PUBLIC FUNDS CONTRARY TO THE TERMS OF THE APPROPRIATION, WITHOUT A SPECIFIC APPROPRIATION, AND WITHOUT A DISTINCTLY STATED PURPOSE

[snip]

34. Mike Huckabee is shown to have generally waited until the appropriation was about to expire to spend most of the money. Furthermore, just before he left office he spent all the money on pet projects. This demonstrates that the fund was not a true emergency fund, but rather one used to evade the constitutional and statutory restrictions on profligate and wasteful spending. This furthermore demonstrates that the actual purpose of much of the spending was for the political gain of Mike Huckabee. [snip]

COUNT 6 - VIOLATION OF FREEDOM OF INFORMATION ACT - REQUEST FOR ORDER COMPELLING DEFENDANT MIKE HUCKABEE TO RETURN TO THE PUBLIC DOMAIN ALL PUBLIC RECORDS TAKEN FROM THE PUBLIC DOMAIN, AND FOR GOVERNOR BEEBE TO REVIEW AND DELIVER TO PLAINTIFF ALL RECORDS DETERMINED NOT TO BE EXEMPTED BY THE EXECUTIVE WORK PAPERS EXCEPTION TO THE ARKANSAS FOIA LAW.[snip]

(4) Class D felony if it is a violation that causes loss or damage of two thousand five hundred dollars ($2,500) or more.

70. Defendant Mike Huckabee was not authorized to destroy 93 operable hard drives, by law or other person or body having the power to grant such authorization.

71. By ordering the destruction of working computer hard drives Defendant Mike Huckabee violated the Arkansas statutes herein as well as other laws of Arkansas.

72. Defendant Mike Huckabee denied the Plaintiff and the citizens of Arkansas access to state government work product, and prevented anyone from viewing, copying, or archiving documents prepared for government business, whether as a citizen or in an official capacity as an employee of the governor’s office.

73. Defendant Mike Huckabee should be ordered to repay both the costs of the destruction of the hard drives, and the cost of replacement hard drives, out of his own estate.

74. Defendant Mike Huckabee should be disqualified from holding office in this State for a period of five years, pursuant to Ark. Const. Art. 16, § 3.

WHEREFORE, the plaintiff prays for the following relief: For an order commanding Mike Huckabee to deliver to the governor’s office all tape backups of any material copied from any hard drive in the governor’s office, from hard drives later destroyed within 6 months of the end

of Mike Huckabee’s last term; For an order requiring Mike Beebe to inspect said records and deliver a copy of all non-privileged records to Plaintiff; For an order requiring Mike Huckabee to return to the State Treasury all moneys misappropriated from the governor’s emergency fund, whether or not related to the destruction of the hard drives, out of his own estate; for judgment declaring Mike Huckabee ineligible to hold any office of profit or trust within the State of Arkansas, paid for wholly or in part by public funds, or to receive any remuneration or emolument whatever for past or present public service, for the next 5 years from the date of court order; for orders and judgments against those named parties who have unlawfully received funds, as set forth by designations in the body of the complaint, and in the exhibits hereto; and for all other or further or alternative relief as the Court may find necessary and proper to restore the parties hereto, including the taxpayers at large, to their rightful positions; for costs of the action; for reasonable attorney's fees from any common fund; and for such other and further relief as may be necessary or proper.

I, Oscar Stilley, by my signature above certify that a copy of the foregoing has been sent this December 12, 2007 to each of the following

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Sunday morning Huckster bump!