|Updated: 2/29/2012 5:44 pm
||Published: 2/29/2012 4:50 pm
CADDO VALLEY, AR - The Clark County prosecutor wants the mayor of Caddo Valley to step down. The reason? Mayor Alan Dillavou has a criminal record but he tells FOX16 he's not going anywhere.
Caddo Valley carries a population of just over 500 residents and is most easily recognized by the signs for chain restaurants and motels along exit 78 on I-30 exit just a few miles north of Arkadelphia.
But this small town might have a big problem, one mayor Alan Dillavou didn’t want to talk about when FOX16 first asked him about it Wednesday.
"I really don't have any comment you need to talk to my lawyer," Dillavou says.
Court documents show Clark County deputy prosecutor Dan Turner has filed a petition to remove Dillavou from office for a 1969 theft conviction out of Texas. The petition characterizes the conviction as an “infamous crime”.
"The 42-year old misdemeanor, yeah, if they think that's a big deal that's fine,” Dillavou says.
Caddo Valley city council member Dona Burton says she thinks the mayor should step down because of his short criminal record.
"I feel bad whenever anyone gets in trouble but I do not feel bad when people breach public trust and break laws,” Burton says. “We don't need that."
Dillavou, who has been mayor in Caddo Valley since 2005, admits to the theft charge but says he was 22 years old when it happened and he shouldn't have to leave office.
Goins says: "So you don’t’ plan to resign?" Dillavou says: "No I'm not resigning. They elected me to do a job and that's what I'm going to do."
"I think he'll try to fight it because it did happen a long time ago but in this state you can not be convicted of theft and hold elected office,” Burton says.
But mayor Dillavou says he's going to try.
The petition provides Dillavou 30 days to respond to the order for removal. He says he'll do that through his lawyer.
Dillavou told FOX16 News had he known he wasn't allowed to serve with a misdemeanor he would have had the conviction expunged years ago.