Mayor Hobbs vetoes appointments, but can she?

COMMENTARY

As promised, City of Alexander Mayor Michelle Hobbs vetoed two appointments passed by the council during its February 11 meeting. The notice of the two vetoes was provided in council member's information packets for the March meeting. The meeting was canceled due to the lack of a quorum.

In two separate actions the council approved Shelly Maynard as recorder and Gordon Hall to fill the vacancy for Ward-4 Position 1. The recorder position became vacant when Hobbs, who was recorder at the time, was anointed mayor, by the previous council, after Mayor Paul Mitchell lost a recall election. The Ward-4 seat became vacant when Henry Tackett resigned. After the November, 2012 election he learned he had brain cancer and died shortly after resigning. Both appointments passed in a four to three vote.

In her veto letter she states, "I, Mayor Hobbs, VETO the actions of the council meeting held Monday February 11, 2013; the appointments of Shelly Maynard as Recorder, and Gordon Hall to Ward 4 position 1 as Alderman."

"I consider the council should be selected by knowledge of position not connection to council," she said. "Mayors in second class Mayor-Council form of government may veto council decisions."

These are exact quotes, grammar and all.

She makes no mention of why she vetoed the appointment of Shelly Maynard. Maynard ran second to Hobbs in the race for recorder, which was also on the November ballot. I'm sure that had nothing to do with it.

And, when she was recorder she must have been seething when her cousin, former Mayor Shirley Johnson, was able to get the council to appoint Johnson's two cousins, Patricia Jones and Phillip Jones. Apparently, being related to the mayor makes you more qualified than not being related to any of the other elected officials.

And, how does she justify the appointment of either individual as "contrary to the public interest. Willing to serve and be abused is apparently not a qualifier.

"A more accurate translation would be, "I want someone who'll do what I want."

Do we really want to go back to that again. That's what we voted against when we voted for Paul Mitchell in 2010.

A mayor's veto can be overturned by a two-thirds vote of the council. The council had that opportunity at the March meeting. Even if all seven aldermen had been present, there was little chance of that happening since it requires six votes and the three "no" votes have politically attached themselves to the mayor. Whatever she wants, they will give it to her.

But, what about her blanket statement, "Mayors in second class Mayor-Council form of government may veto council decisions." All council decisions?

For cities of the second class Arkansas law 14-44-107, Powers of mayor generally, section  (b)  (1) states, "The mayor in these cities shall have the power to veto, within five (5) days, Sundays excepted, after the action of the council thereon, any ordinance, resolution, or order adopted or made by the council, or any part thereof, which in his judgment is contrary to the public interest."

The law provides for three actions taken by a council that can be vetoed by a mayor, "ordinance, resolution, or order." Unless someone can argue that an appointment is an "order" I don't see how appointments qualify as council actions that can be vetoed.

But, apparently attorneys for the Arkansas Municipal League can. It's been said the mayor was advised that she can veto appointments because state law doesn't say a mayor can't. In their minds just because the law states three instances when a mayor can veto is not a limiting factor. If that's what the legislature at the time meant why doesn't the law state, "A mayor can veto all actions and votes of the city council?"

And, considering it's such a minor legal issue they're not worried about a lawsuit they'll have to defend. Just what the city needs, another lawsuit.

You would think when giving legal advice, whether it be to a person or a municipality, they would err on the side of caution and go with the letter of the law, as it's written, and not look for loopholes. I guess it's more important to keep the anointed-one happy rather than stay out of one more legal battle.

The next meeting of the Alexander City Council is tomorrow (Monday, February 15) at 6PM in City Hall.

If you think Mayor Hobbs has overstepped her authority by vetoing these two appointments, show up and speak up during public comment.

If you want to return control of the city to the council and have the mayor enforce council policies, like she's suppose to, instead of doing whatever she wants, vetoing everything the council passes, show up and speak up during public comment.

If you like having a bully for a mayor and don't care what she does, and you are her self-appointed yes-man/woman, show up and speak up during public comment; and make yourself look like a fool.