Bearden appointed to fill Alexander council vacancy; Attendance ordinance fails

In a four to three vote the Alexander city council appointed Andrea Bearden to fill the vacant seat in Ward-3. The vacancy was filled at the regular meeting held Monday, October 21.

The four aldermen voting for Bearden were aldermen Farren Wadley, Brad Scott, Juanita Wilson, and Samuel Gregory. Aldermen voting against were Ceola Bailey, Faye McKeon and  Lonny Chapman.

The Ward-3 seat became available when Alderman Dan Church resigned July 18. Church was elected in 2012 defeating incumbent Harvey Howard.

Bearden was sworn-in by Saline County Justice of the Peace J.R. Walters.

Bearden was the only individual to submit a resume for the open seat. The council decided at the September meeting to table the appointment for one month in hopes of getting more applications.

Under normal circumstances a four to three vote, with one absence, would count as a tied four to four vote. But, state law allows for counting only those positions that are not vacant to determine a majority vote.

Mayor Hobbs attempted to cast the deciding vote but had to be reminded of the law covering this situation. When a mayor does have to break a tie vote state law requires mayors who wish to vote to vote "yes."

No veto this time

Mayor Michelle Hobbs won't be vetoing this appointment. After Hobbs vetoed an appointment approved by the city council earlier this year, to fill a council vacancy, the state legislature made that type of a veto illegal.

State Senator Jeremy Hutchinson sponsored Senate Bill 1047, which amends Arkansas Code 14-44-104 adding a no veto clause. The law requires the city council of a city of the second class appoint someone to fill any vacancy on the city council.

The new addition to the law then states, "The election to fill the vacancy under subsection (a) of this section is not subject to veto by the mayor."

The "no veto" clause went into effect in August.

Attendance ordinance fails

In another vote, the council failed to pass the much-discussed ordinance that would fine elected officials for missing too many "regular" and "special" meetings. The ordinance failed seven to one with Bailey as the lone "Yes" vote.

Proposed changes to the ordinance, made at the regular September meeting, forced the vote on it to be tabled until the October meeting. Alderman McKeon suggested an absence would be excused providing the person notifies someone at city hall before closing time on the day of the meeting. No action by the council would be required approving the absence and no reason for the absence need be given, as provided in the original version. The ordinance also included fines after missing three or more unexcused absences "during any calendar year."

Alderman McKeon seem to have a change of heart on the matter since the September meeting. During the discussion prior to voting on the ordinance McKeon asked if there would be a future ordinance requiring alderman to "do their job."

The question of forcing aldermen to attend meetings came about after four aldermen stopped attending council meetings starting in February. The move came about, in-part, when during the regular January council meeting newly appointed Mayor Michelle Hobbs announced she would "veto" any action passed that was proposed by aldermen Juanita Wilson, Dan Church, Jack Shoemaker and Lonny Chapman.

With a vacant seat on the council the four "missed" some meetings to keep the council from having a quorum in an attempt to stop Hobbs from ramming through her choice to fill the vacancy. Since then Shoemaker has moved out of Alexander and Church has resigned from the council.