In emails, first lady firm on mansion wants

First lady Susan Hutchinson demanded final approval and sometimes sole say in decorating choices at the Arkansas Governor's Mansion - despite a commission that was tasked by law with overseeing the process, according to emails released this week under the state Freedom of Information Act.

The relationship between the first lady and the Governor's Mansion Commission has attracted attention because of a bill passed during the brief special session that ended May 23. The session was called to address highway funding but included unrelated bills, including legislation that eliminates and changes a number of state panels and agencies.

As a result of the new law, Gov. Asa Hutchinson will be able to remove members of the Governor's Mansion Commission at will starting July 1. The law does not define a role for the governor's spouse.

The governor's office declined numerous requests for comment from Susan Hutchinson and declined requests for her emails to the commission. Emails were provided under the Freedom of Information Act by the commission. Commissioners named in the emails also declined requests to be interviewed. Mansion Administrator Don Bingham provided meeting minutes to this newspaper last week.

The emails detail a sometimes tense relationship last summer, punctuated by capitalized words from the first lady. One example was from July 2, 2015, about items ordered for various rooms of the first family's home.

"The mirrors are not at all lovely. They are DARK, NOT BRIGHT GOLD as in the email. One is cracked. They will be returned," Susan Hutchinson said in the July 2 email to commissioner Kaki Hockersmith, Governor's Mansion Association President Jan Zimmerman, commission Chairman Michael Mayton and Bingham.

In the email, the first lady said she did not agree to the purchase of a pair of chinoiserie planters and stated, "All living room furniture is to be returned ASAP as soon as possible with the exception of the octagonal table with final approval reserved on the CHINESE secretary upon inspection by me."

In that email, she stated that an order for the dining room for "taffeta fabric is to be CANCELLED ASAP." She said she was proceeding with "my choice of drapery fabric."

"No other payments of ANYTHING is to be done without an express statement from me to Don Bingham," she said.

Regarding a first-floor powder room, for which the mirrors were intended, she also said a new toilet's style was subpar and said she wanted it traded out. She stated that she would be "changing the color of the cabinets and selecting all of the hardware."

Invoices released show the first toilet cost $327 to buy and install. Meeting minutes released under the Freedom of Information Act refer to a new $1,000 toilet approved for the public bathroom. Other invoices show $575 worth of painting and carpentry that was redone in that bathroom.

MOVING IN

Gov. Hutchinson took office in January 2015. The mansion, completed in 1949, has been the home of first families and a venue for public events. According to past news articles, the mansion has suffered from maintenance and upkeep problems for much of its existence.

A report of an October 2015 home inspection obtained by this newspaper noted wiring, electrical, plumbing and drainage problems as well as a rat infestation in the governor's private office, located in a separate building near the mansion.

J.R. Davis, a spokesman for the governor, has said the Governor's Mansion Commission did not adequately ensure proper maintenance of the mansion and did not promulgate rules and regulations as required by law.

Commission minutes show that Susan Hutchinson brought some of these concerns to the commission's attention, but emails from the first lady and commission minutes kept by her staff show there was tension beyond maintenance.

The governor's office cited an exception in the state open-records law in denying a request from this newspaper for the first lady's emails. Justin Tate, chief legal counsel for Gov. Hutchinson, said Susan Hutchinson is a private citizen and the records are exempt from disclosure by the governor's office under the "working papers" part of the Freedom of Information Act.

In the first six months of the Hutchinsons' tenure in the mansion, decorating decisions by commissioners were "gorgeous," "beautiful" and "exciting," according to emails that Susan Hutchinson sent them.

But in the July 2 email, Susan Hutchinson said she "did NOT agree to" items purchased, and she demanded returns, the cancellation of orders and final approval over decisions.

She had said the day before that Hockersmith had ordered items without permission and items were damaged.

"Again, no orders by anyone will be accepted at the Mansion without my express, prior approval. These surprises are most distressing.

"I'm sure you all mean well, but I am the one who lives here and have the final say. Thank you for your advice, but I may or may not accept it, so, please, no more orders without full disclosure and my express consent," the first lady wrote.

In a July 11 email, Hockersmith said her office was storing some antiques in the process of being returned. Hockersmith is an interior designer known for redecorating the White House during the Clinton years.

"My insurance does not cover merchandise that I don't own," Hockersmith said in the email. "We need to find a place to move these antiques where they can be covered, presumably the mansion, until we resolve what purchases the dealers may agree to take back."

The next day, Susan Hutchinson replied: "The Mansion will not be storing any of the merchandise you are to be returning. It's been some 3 weeks since I instructed for those items to be returned so, please, expedite the process of returning all items."

'UNACCEPTABLE'

Hockersmith negotiated with the owner of Legacy Antiques of Dallas to secure store credit - good for one year - for some returns, according to emails. For other items, she received cash back.

That's above and beyond the store's policy, which states that all sales are final and returns are subject to the discretion of the store. Items accepted for return are supposed to be received at the store within 30 days and store credit must be used within 90 days, according to the policy posted on the store's website.

In an email to Mayton, the commission chairman, on July 14, Susan Hutchinson said the invoice states that it must accompany all returns, so the items should be returnable.

"As to the Antique, $6,000 table, if she had such a good relationship with [East & Orient Co.], she should be able to get that returned.

"Furthermore, I NEVER told anybody to order this table or the CHINESE wallpaper or the CHINESE mirrors, or the CHINESE chair or the CHINESE planters, etc. But Don was told that I had approved of them being ordered.

"So, I will NOT be stuck with these things or the rest of it."

(John Bray, director of the East & Orient Co., told Hockersmith in a July 9 email that he has served various governors throughout the country and former first lady Laura Bush but this "is the first time that we can recall that a request has been made to return an antique that has been reviewed, approved, invoiced, paid and delivered." He went on to deny the return request.)

In response to news of the store credit from Legacy Antiques, the first lady said, "This is UNACCEPTABLE" in a July 22 email to Hockersmith and others.

"Time seems to have played a factor, but ample time to effect all returned transpired before you made contact with the owner due to his travel or your travel or the busyness of your office, etc., so that should not factor so heavily AGAINST the Mansion and, again I see nothing on Legacy's invoice stating time restraints on returns."

"And with your great relationship with the owner, I'm sure you can get the proper arrangements made to return all monies to the Mansion Association as I'm sure Legacy wants to keep a longtime customer such as yourself HAPPY."

"Thank you for this much awaited, though unacceptable in terms, report."

In a July 23 email, Hockersmith said the commission voted to buy the items in question at the June 3 meeting. She noted, "We did not decide on the sofa style, so it wasn't ordered. We did select a blue damask fabric for sofas along with some other fabric; however, at a meeting some of us were not invited to, fabric selections were changed. Consequently, the fabrics selected by the whole committee were not ordered."

SEPTEMBER MEETING

During the next commission meeting, on Sept. 16, Susan Hutchinson "began her report with news that many things have been happening over the last four months. However, it has not been moving as fast as she had hoped," according to the minutes.

She then took credit for the store credit at Legacy, according to the minutes.

"The First Lady was able to secure refunds for several items and store credit for other items. There is now a $12,000.00 in store credit with Legacy in Dallas," the minutes state. "This credit is good for up to one year."

There was an argument over "Rain of Faith," a sculpture with a propensity for igniting nearby vegetation.

Hockersmith expressed concern about spending a large amount of money on a permanent piece that will have a "huge impact on the gardens," according to the minutes. "There were several minutes of exchange between Mrs. Hockersmith and First Lady," the minutes read.

Then, during that same meeting, the minutes show that Andrew Ritchie, the governor's deputy counsel, introduced Nga Mahfouz of the attorney general's office to the commission.

According to the minutes, Ritchie said that a review of all boards and commissions instigated by the governor showed that the Mansion Commission had no rules or regulations filed with the secretary of state's office.

Later, at a special Sept. 25 meeting called to deal with legal confusion, the commission's sculpture policy was an issue.

"The First Lady went on to share that the sculpture policy and art policy were developed in part by people who were not on the Commission," the minutes state. "Mr. Mayton interjected that the committee did adopt those policies."

A sculpture policy was adopted a year earlier, on Sept. 26, 2014, according to the minutes.

Susan Hutchinson said the policy and committee were set up before any rules or regulations on how to start a committee were written.

On Jan. 8, she told Mayton: "I am relying on you to follow the law and to yield to the legal advice provided by the Attorney General's office. The Commission's proposals will be reviewed by the Governor and his legal team after the Commissioners vote on any proposed rules or regulations and before the Legislature finalizes your proposed rules, regulations, policies, etc."

The commission's rules and regulations are not currently filed with the secretary of state, according to a Freedom of Information request. However, the minutes indicate that Mayton, the commission chairman, had sent draft rules for commissioners to review in May.

The number of emails drop off after September. At the Sept. 25 meeting, Mahfouz told commissioners that they could not vote or otherwise "do official business" via email and that the media needed to be notified of meetings.

In a March 8 email, Susan Hutchinson thanked commissioner Shayla Copas for "great guidance" and Zimmerman of the mansion association for "great fundraising."

CHANGES IN LAW

On May 20, Asa Hutchinson told reporters that he would have to review the legislation changing the Governor's Mansion Commission to recall why the law was being changed, but there weren't problems with individual commissioners. He has said the legislation was "legislatively driven." Last week, Hutchinson said he thinks the commission adds "a lot of value."

"I wasn't hiding the ball," Hutchinson said Friday when asked about his remarks on May 20.

"I have a lot of focuses, and there were a lot of parts of the efficiency bill. This is just one small aspect of it that Sen. [Missy] Irvin picked up on." Irvin, a Republican from Mountain View, was one of the sponsors of the legislation.

"We have had a lot of reform in Arkansas on boards and commissions. This is just one part of the reform of our boards and commissions and it was somebody else's idea and it made sense to me, so I signed it," the governor said.

Hutchinson said he was focused at that time on other higher priority legislation such as his proposed highway funding bill.

Irvin and House Speaker Jeremy Gillam, R-Judsonia, another sponsor, said Friday they had discussed the condition of the mansion and possible legislative changes in passing with Susan Hutchinson.

Under the new law taking effect July 1, the Governor's Mansion Commission will no longer make rules and regulations pertaining to repairs, improvements and decorations at the mansion. Commissioners will serve at the governor's pleasure. The director of the Department of Arkansas Heritage will go from a nonvoting to a voting member.

Davis, the governor's spokesman, has said a lack of promulgated rules is one reason the commission is being reined in. However, the new law deletes the requirement for the commission to adopt rules.

The new law does not change a provision in state law that requires the commission to prepare and file with the governor and the Legislative Council an annual report on the condition of the mansion and its grounds and cost estimates for needed repairs and improvements. Since 2010, four of six required reports have been filed, according to the Bureau of Legislative Research. The longest was four pages.

The legislation also gives the governor the sole authority to accept grants, gifts and donations to the mansion. Previously, both the governor and commission had to approve.

Davis said there were practical concerns related to gifts. For example, if a foreign dignitary presented a gift to Gov. Hutchinson during a dinner at the mansion, would the commission - which normally meets every other month - have to vote to approve the gift before the governor could accept it?

The gifts will still be reported to the commission and become a public record in that manner, Davis said.

Recent gifts include recessed lighting from Curtis Stout Co., lawnmowers from Bad Boy Mowers in Batesville and mirrors from the Arkansas Car Dealers Wives Club, according to the minutes.

A NEW HOME?

Because of the maintenance problems and a desire for some mansion upgrades, the first lady pushed for a $1.5 million grant to the Arkansas Natural and Cultural Resources Council. The council granted $1.1 million of the request for fiscal 2017, which starts July 1.

Part of the grant includes provisions to increase privacy, such as modifying a janitorial closet to add a small bathroom in the first family's private basement family room. The family has to leave the basement - which has stained carpet, a low drop ceiling and fluorescent lighting - and go through a public area to reach a private bathroom on the second floor.

The desire for a retreat from public life is nothing new.

News stories beginning soon after the mansion was finished in 1949 indicate a tension between using the mansion for public events and protecting the first family's privacy.

In 2000, first lady Janet Huckabee appeared excited to move into a triple-wide mobile home behind the Governor's Mansion, which underwent a plumbing and wiring overhaul. The council paid more than $1.4 million for those upgrades.

Susan Hutchinson asked the commission to avoid public events on the weekend to protect the family's privacy, according to meeting minutes, and supported the grant application.

However, Mayton had discussed another idea - the possibility of the family moving to another residence.

Mayton provided an email thread that referred to a house at 401 W. 18th St. that went up for sale for $415,000. It borders the mansion property.

"I know this is pie in the sky and far-fetched, but I think the First Family deserves a real residence with privacy and something that is livable for a family," he said. "Am I crazy? I just think you and the Governor deserve a beautiful house where you can escape from the Mansion."

Susan Hutchinson said she wasn't interested.

"As to your idea of the Governor and I vacating the Mansion and premises to live elsewhere is preposterous. We thoroughly enjoy living in this glorious Mansion that the people of Arkansas have so sacrificially and generously afforded us," she said. "Turning it into an events center/museum would be antithetical to meeting the needs of the First Family and hosting on behalf of the State."

Sidebar: Profit suitable for some on panel for mansion

Rules vary on whether members of the Arkansas Governor's Mansion Commission can make a profit in their dealings with the mansion's fundraising association, according to emails obtained under the Freedom of Information Act.

It depends on whether that member is a voting member of the panel, according to the emails.

Stacy Hurst, director of the Department of Arkansas Heritage, is a nonvoting, ex officio member of the commission. She will become a full voting member July 1 because of legislation passed during a recent special session.

She also serves as director of florist Tipton & Hurst, according to the business's website.

"What has been the legal finding on the suitability of this florist making a profit on the Mansion? I don't want anyone crossing any lines," said first lady Susan Hutchinson in an Aug. 5 email to Commission Chairman Mike Mayton, Association President Jan Zimmerman and Mansion Administrator Don Bingham. The subject was "Tipton and Hurst transaction."

Later that day, she wrote: "Legal department at Governor's office thinks we are within the rules since Stacy is in a non-voting position."

"Tipton & Hurst has done limited business with the Governor's Mansion Association - the private, 501c3 fundraising arm of the Governor's Mansion," Hurst said in an interview on Friday. "We have only billed the Governor's Mansion Association. All of that business has been solicited by the association. Tipton & Hurst has not asked for the business, and it was all provided at a discount."

"The first lady was no doubt referring to the association," she said of the email.

Asked whether the business made a profit on any transactions with the association, Hurst said: "Everything we have done for the Governor's Mansion Association, we have done at a substantial discount. We consider it an in-kind contribution, largely, to the work of the Governor's Mansion Association."

Both Shayla Copas and Kaki Hockersmith, professional designers who are on the commission, do business through the Governor's Mansion Association. However, they are not allowed to make a profit on that business and are supposed to submit invoices from distributors to prove it, according to a May 21 email from Copas to Hockersmith, Hutchinson, Zimmerman and Mary Ashleigh Bierbaum, the first lady's assistant.

"We always provide a copy of the original invoice when asking for reimbursement for proof that no profit was made in the transaction," Copas said in the email. "When possible have the checks made to the vendor from the Mansion Association."

In the interview, Hurst said she will seek guidance on continuing a business relationship with the association when she becomes a full-fledged voting member.

"When it changes, I need to get clarification," she said. "My understanding is if there is an issue that involves Tipton & Hurst, of course, I need to recuse and I will. I understand my responsibility fully."

Hockersmith and Copas declined to be interviewed for this story.