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Thursday, April 11, 2013

Alexander may be sued over court clerk firing

Filing fee needed

City of Alexander Mayor Michelle Hobbs may find herself and the City the target of a lawsuit after her firing of former court clerk Christi Miller. Miller was fired this past January. She was hired in October, 2012 by former Mayor Paul Mitchell.

Miller has retained the services of attorney Reggie Koch. Miller now needs to come up with the $350 court filing fee.

Koch was the attorney for several Hispanic men who sued the City (along with Mayor Shirley Johnson, Police Chief Allen Spears and Officer Tommy Leath) over alleged racial profiling by the police department. Koch and his clients won that case in 2010.

Miller was fired by Hobbs after Treasurer JoAn Churchill gave her permission to pay an overdue water bill in her absence. Churchill was attending the Arkansas Municipal League Winter Conference in Little Rock on January 17, 18 and 19; along with aldermen Juanita Wilson, Dan Church and Prosecutor Pat Marshall.

According to Churchill she received a phone call from Miller Friday afternoon, January 19, while she was at that day's conference. Miller told Churchill Fire Department Chief Mark Ridgeway called and said the water meter at the South Alexander Road fire house was being removed.

Churchill says Miller told her the water company, "was not only turning the water off for non-payment, but pulling the meters at (the) Fire Department and Street Department."

Miller also told Churchill Mayor Hobbs was at City Hall earlier that morning, but was feeling sick. Hobbs left saying she was going to the doctor and not returning.

Churchill says after being appointed Mayor, Hobbs had all the locks changed at City Hall and the lock changed for the City's Post Office box. Churchill had not been given any new keys for City hall or the Post Office, so she had to rely on the Mayor to give her any mail for her, including bills.

To keep the water from being shut off Churchill had Miller call Saline County Water and Sewer, which serves south Alexander (formerly known as Woodland Hills) to find out how much the City owed. She then instructed her on how to write out the check.

Both Miller and Churchill were authorized to sign checks. While the water department and bank only require one signature, City policy requires two.

"I gave her instructions as CFO (Chief Financial Officer) of the city to find out the bottom line, pull checks from my office and pay the bill," Churchill said. Churchill had left Miller the keys to her office.

Churchill then told Miller to, "Sign her name and sign mine with her initials immediately following and I would cover it with a memo as soon as I returned."

Since Monday was a holiday, on Tuesday (January, 23) Hobbs put Miller on a three-day suspension without pay. According to Miller Hobbs said the police department would conduct an investigation, but according to Churchill no one asked her about the incident.

Miller also says, during that meeting, Hobbs told her the Chief of Police (Horace Walters) was her supervisor; even though it's a violation of state law. As a conflict of interest, state law forbids police personnel from supervising court staff.

Miller was fired on Friday, January 26. Miller says Hobbs told her she was being fired because Hobbs can't fire Churchill.

Miller says Koch is ready to file the lawsuit with the court, but needs a $350 filing fee. Since she can't afford the $350 the group, Concerned Citizens of Alexander, would like to help by accepting donations.

Anyone wishing to donate may send a check made out to CM Defense Fund. The checks can be mailed to Concerned Citizens of Alexander, PO Box 303, Alexander, AR. 72002.

A financial accounting of this fund will be published in The Alexandrian. You may request a 'hard copy' by sending a pre-addressed, stamped envelope to Concerned Citizens of Alexander - P.O. Box 303, Alexander, AR. 72002.

13 comments:

  1. This lady is THE BEST COURT CLERK. The city lost a great deal it really couldn't afford to lose when she was terminated. It was a VERY ignorant move.

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    1. Right, plus there was a lot of information coming out that was more likely behind it than paying a bill. That information became "buried" when she left (or so they think.)

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  2. If you read the story carefully doesn't it say that the former treasurer told the form court clerk to sign the treasurers name on a check? Isn't that forgery? Looks like the former clerk might need those funds after all for a defense not lawsuit!

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    1. Why was it wrong for this person to sign a check that she was already a signer on? If I read the story correctly, she paid a bill that kept the water on for your fire dept., that your mayor had not presented to the treasurer, and the treasurer had no access to the bills ,as the mayor had changed locks on mail box,/ where is this wrong? looks to me ass if she saved you from a very bad situation, and the was repaid by being dismissed. Sounds like there is something not being told, and not by Ms. Miller.

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    2. FOR THE RECORD: I told Christ to sign the check, to initial the signing, and to sign her own name, and that a prepared a memo to accompany the record and would attach it to the copy of the checks and a copy of the water billing upon my return. On Tuesday when I returned, Michelle told me I needed a memo done, I told her it was already done, and I printed it immediately, signed it and gave it to her.
      Let me point out that I also went to the ARClerks and Treasurer Association booth and talked to the Treasurers that were there that day. I explained the problem and how I had handled it, there were three treasurers there, all said that is the way they would have handled it.
      It is not even questionable - how it was handled. It isn't commonly done, because under normal circumstances, a Treasurer or a Bookkeeper would be getting their own mail, under normal circumstances, they are present when problems arise, and when they aren't they have the authority to act - as I did - in the best interest of the city. It is well within acceptable accounting procedure.
      Christi's initials after my name was for the purpose of showing she signed it, the memo was to show she had an order to do so. Those two things were for the express purpose of the requirement of City Council that there be two signatures. Her signature following mine (on the second line) was expressly for the bank. (they only require one) She was completely correct on all counts. It is only forgery when theft or personal gain is the intent, since she drove the checks to the water company - immediately - can't see where that figures in. Or if it is secretly done, the memo proves otherwise - I have the original memo, and will present it in court if need be.
      A bigger question is: The water company is publically owned by the city, why would they pull the meter on the Fire Department, putting the entire city at risk, when a simple phone call would have done much more?
      Why did they start a fire storm over Christi's signing when it was so obvious she was writing my name and initialing that she did it?
      What ever happened to the original bills? They never did show up.

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    3. You were doing fine until the end. Alexander's water comes from two sources; in Pulaski County its Central Arkansas Water (what was Little Rock water) and in Saline County the Saline County Water District. Alexander does not have a water or sewer department.

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    4. These two (Fire & Street Dept) bills come from Saline County Water Works.

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    5. JoAn (April 13th post)
      In this post you said "THE WATER COMPANY IS PUBLICALLY OWNED BY THE CITY" Did you mean the City of Alexander?
      The Saline County Water & Sewer is a Public Facilities owned by the property owners that it serves. If you ment "OWNED BY THE COUNTY" it isn't. Saline County is just a legal name that signifies that it is located in Saline County. The 2 accounts in question were billed by mail. A call was put in to City Hall
      about the disconnect but the Bookkeeper/Treasurer had gone to the Semi-Annual Municipal league Meeting. She was ask to pay all bills before she was to be gone for 2 days. The water was never shut off awaiting payment. How do you think this would "PUT THE CITY AT RISK" if it had of been disconnected??
      All that happened was the City was out $50.00 that apparently it did not have because JoAn did not "DO HER JOB". WHAT ELSE IS NEW?? She NEVER done her job!!!!.

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    6. Read the article again. How can someone pay bills they aren't given. Doesn't this smell to you?

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    7. Alex N. Der, maybe you know the answer - if the water company - Saline County Water Works is owned by the people it serves - why is the management not elected? Why is there an ordinance saying there will not be a change in management at the time of the ordinance. I know that several people have a copy of the book of ordinances.
      I'm not saying there SHOULD be a change, I am saying there should be an election if "Anon 4/14/2013 @6:15 P is correct.

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    8. If my understanding of the system is correct; board members are appointed by the county judge, in this case Larry Fite. If you're buddy-buddy with your justice of the peace he/she recommends you to the county judge who then appoints you. I wouldn't be surprised if the actual recommendation comes from the water board members to the JP. To change this probably requires a change in state law.

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  3. Hey JoAn please come over to Saline County News and comment on the Facebook fan page.

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  4. Trying this out

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