Let’s say a lawsuit was filed against you. You hire an attorney and go to trial where the Judge rules for the Plaintiff and finds you guilty of the allegations brought against you.
Later you find out that the Plaintiff reached out to your attorney days before the trial with a settlement offer and your attorney never told you about it.
You ask your attorney about it, and he then lies to you in an effort to cover himself….How mad would that make you ?
That’s exactly what happened to the Conway School Board but in their case, it was two attorneys….Here are the facts surrounding those two attorneys’ unethical behavior.
On February 5th I brought you the story of myself and attorney Joey McCutchen filing a lawsuit against the Conway School District and School Board for violating the State’s open meeting laws.
Faulkner County Circuit Judge Susan Weaver ruled the Board violated the open meetings laws six times during their August 12th meeting and she enjoined them from committing further violations. The trial took place on January 15th.
The District’s Chief Legal Officer, attorney Shastady Wagner, could not be the lead in the case because she was going to be called as a witness so the District used Jay Bequette of Bequette Billingsley & Kees (BB&K) law firm as the lead counsel for the case.


BB&K has a long history representing the District.
On January 9th my attorney, McCutchen, emailed Bequette a proposed Agreed Order, (Settlement Offer), to present to the Board for their consideration.

The proposed Agreed Order stated that the Board would admit to violating the law at the August 12th meeting and Judge Weaver would enjoin them from further violations….Everything the Judge ended up ruling at the trial.



Pretty simple, if they had agreed and voted to accept the offer then it would have avoided going to trial and saved the taxpayers money. If they had voted not to accept the offer, we would move forward to trial.
It was a decision for the Board to make….not Bequette and Wagner.
On Monday January 12th, Bequette texted with McCutchen that the Board would consider the Agreed Order at the next night’s School Board meeting.
However, contrary to what Bequette told McCutchen, the Agreed Order was not presented to the Board at the meeting and was not considered.
It was obvious to me at that point Bequette had not presented the offer to the Board for their consideration as he said would happen….That’s unethical….and it gets worse.
After the trial I announced in a video that I would be attending the February 10th School Board meeting to speak on how Bequette and Wagner handled the case which I did.
When I got to the meeting, I noticed Bequette was in attendance as I had hoped he would be.
When it was my time to speak, I handed the proposed Agreed Order out to each Board member and then broke the news to them that their attorneys, Bequette and Wagner, failed them in an unethical manner.
After public comments were made, Board member Dave Naylor began a discussion on the matter which Superintendent Jason Black and Board President Sheila Franklin tried to push to the next month’s meeting….Naylor was having none of that.

Naylor asked if any other Board members knew about or had seen the offer.
Board member Barrett Petty shook his head no while members Linda Hargis and Franklin spoke up stating no.
It’s important to point out now that after the meeting, members Trip Leach and Leona Walton both stated they knew nothing about the Agreed Order.
Bequette and Wagner were called to the podium where both had that deer-in-the-headlights look.
Naylor asked Wagner if the order came to her and she looked at Jay and then back at Naylor not saying a word.
Naylor then asked Bequette if the order came to him….This is where it really turns for the worse.
Bequette confirmed that he received the order from my attorney and that he forwarded it to Wagner.
Now get this….Bequette then proceeds to tell the Board that he discussed it with Naylor, Franklin and Leach even though Naylor and Franklin had just said they didn’t know anything about it….I kid you not.
Bequette then said that he discussed it with them when prepping for the case, before the January 13th Board meeting, as they had been subpoenaed to testify at the trial. He stated that it was not presented to the full Board because Naylor, Franklin and Leach were not in favor of it.
He literally stated that under the law the three conducted an illegal meeting….Their own attorney.
Naylor pushed back stating that this is not how a Board works and everybody here said they didn’t know anything about it
Hargis pressed Bequette on the matter and he doubled down stating twice more that he discussed the Order with Naylor, Franklin and Leach while looking those very three in the eye.

Naylor reminded Bequette that he was not even at the prep meeting to which Bequette responded “correct” in effect admitting he was lying….And charging the District to do it.
Black pathetically tried to make the case that because of the timing a special board meeting would have to have been called.
Apparently, he missed calendar comprehension class in Superintendent school.
Again, Bequette received the Order on January 9th….The Board meeting was on the 13th….and the trial was on the 15th.
And this is who four of the Board members voted in as Superintendent ?
Oh, and Wagner….She stood frozen for the entire exchange….like an 8-year-old kid praying they are not about to get spanked.
Remember when I said she would not answer if she knew about the Order when Naylor asked her if she did ?
Well email records show Bequette forwarded her the Order on the 9th after he received it….and she never told the Board about it.

The Board looking stunned by what they had just heard and slowly moved on to other business….But is this over ?
I sure as hell hope not.
Bequette and Wagner were not only unethical and dishonest in their actions with the Board, but they were also with the Taxpayers as well.
There needs to be accountability and both Bequette and Wagner need to be sent packing.
Will the Board show resolve and do what is right and needed ?….Or will they continue to make a little background noise and then move on like weak sheep ?
#FactsNotFiction

Professional Bully Fighter I investigate and report on issues around the State of Arkansas with an emphasis on Government. I am strong conservative however I bring Truth and Facts regardless of Party affiliation….My hashtag is #FactsNotFiction
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