Fayetteville voters will decide this November who will serve as the city’s chief legal advisor. The two candidates, longtime city employee Blake Pennington and Washington County public defender DJ Deutch, met to discuss their backgrounds, the role of the office, and how they plan to serve residents.
Why they’re running
Pennington, who has worked in the city attorney’s office for more than 12 years, said his motivation is simple: “It’s been the privilege of a lifetime working for the city that I live in.” He emphasized continuity and deep institutional knowledge.
Deutch entered the race after community members voiced concerns about the office’s approach to policy. “I hope that we can put the tools that are often in the hands of the big developers, of the big weapons manufacturers, now put those tools in the hands of everyday Fayetteville,” he told voters.
Defining the office’s role
Pennington stressed that the city attorney’s primary function is to advise elected officials and staff on the law. “This is not a policymaking role,” he said. “We are there to provide resources to our policymakers, legal assistance, and tell them what the law is so they can make their policy decisions.”
Deutch agreed the office should counsel leaders but added that it should also help policymakers find lawful ways to achieve their goals. “If a policymaker comes to me and says, ‘We want to achieve X goal,’ I should be the person who says, ‘OK, we’ve got these options within the law to achieve that goal,’” he explained.
Transparency and nondisclosure agreements
The candidates addressed recent controversy over nondisclosure agreements (NDAs). In 2023 the city signed NDAs with Swarm Aero while considering a facility near Drake Field. A resident sued over the city’s response to a public‑records request; a judge dismissed the case, finding the request did not specifically ask for the NDA and that the city had not violated the Arkansas Freedom of Information Act.
Following that case, the city adopted rules requiring written approval from the mayor and city attorney for any NDA, as well as retention of signed agreements. Pennington defended the practice, noting that NDAs have helped attract major investment. “Non‑disclosure agreements brought us a $220 million investment from ConAgra, along with 100 new jobs,” he said.
Deutch took the opposite stance, arguing that NDAs add unnecessary secrecy. “You don’t need to sign a nondisclosure agreement to have those kinds of negotiations,” he said. “My office will not be approving nondisclosure agreements.” He also pledged to retain records of any agreements the office reviews.
Legal independence
Both candidates affirmed the importance of the city attorney’s independence. Pennington said the office’s oath is to the state constitution, the U.S. Constitution, Arkansas law, and local ordinances. Deutch promised to give candid legal assessments even when they conflict with leaders’ priorities, stating, “I’m not one who is going to pull any punches on my advice or on my positions.”
Growth, development and housing
Housing emerged as a major concern. Pennington highlighted the city’s work on a new unified development code and his 12‑year experience in land‑use matters. “It’s definitely the housing crisis that’s been recognized by the City Council,” he said.
Deutch questioned the frequency of variances granted under the current code, suggesting that excessive deviations signal deeper problems. He argued that growth decisions should involve residents and reflect what the city wants to preserve.
Lawsuits and litigation strategy
When it comes to litigation, Pennington said the office should advise policymakers on the likelihood of success and costs, while defending policies already adopted by the City Council. “If it’s a policy that’s been enacted by the City Council, we are going to fight to defend that policy,” he asserted.
Deutch emphasized a balanced approach, weighing the cost of litigation against the value of obtaining a court’s interpretation of the law. He cited the state’s threat to withhold discretionary funding over Fayetteville’s stance on immigration enforcement as an example of a case that could be challenged.
Renters’ protections
Arkansas law sets limited residential quality standards for leases entered into or renewed after Nov. 1, 2021, and allows local governments to enforce stricter standards. Pennington pointed to Fayetteville’s adoption of the International Property Maintenance Code (IPMC) as a tool to address substandard rental conditions through code enforcement, citations, and prosecution.
Deutch said he would be “pro‑renter” while also respecting homeowners, seeking creative ways to use existing city authority to improve rental homes.
Public access and resident input
Both candidates stressed the importance of resident participation. Pennington noted that the office helps City Council members turn proposals into ordinances, while clarifying that the city attorney cannot introduce legislation.
Deutch proposed a “Citizens Ordinance Desk” to give residents drafting assistance similar to what lobbyists and large firms receive. He also pledged to make the office more accessible to residents with limited time or resources.
As the November election approaches, Fayetteville’s legal community and everyday citizens will weigh experience against fresh perspective, transparency against confidentiality, and the balance of development with affordable housing.
Original reporting: 40/29 / KHBS (NW Arkansas) — read the source article.
