Kenneth Miller appointed to council, Hobbs makes excuses to not administer oath

COMMENTARY

During a "Special Regular" meeting of the Alexander City Council Kenneth Miller was appointed to the Ward-2 Position-1 seat. As a meeting room filled with spectators looked on, council members discussed then approved the appointment by a four to three vote. The seat has been empty since June when Ward-2 Alderman Brad Scott submitted his resignation to Mayor Michelle Hobbs.

Miller was the only person to submit a resume for the vacant seat. His appointment is in effect until December 31.

Before the motion to appoint Miller could be made Hobbs attempted to stop any action on the issue by claiming a vote on the appointment could only be made at a regular meeting, not a special meeting. The meeting held Monday, October 27, was scheduled because at the regular meeting held Monday, October 20, Hobbs claimed she "forgot" to post the date and time of the meeting so it was canceled after everyone had arrived.

City Attorney Kevin Lemley told the council and mayor there was no legal reason why the vote can only be made at a "Regular" monthly meeting. He cited state law which requires a vacancy be filled, "at the next regular meeting." "We're well passed that," he said.

He was referencing the amount of time which has passed since Scott's resignation. The resignation was submitted to Hobbs June 16, three days before the council's regular June meeting. Hobbs did not mention the resignation at that meeting. Aldermen received a copy of Scott's E-mail the week before the July meeting when it was placed on the agenda.

Unfortunately, four aldermen were unable to attend the July meeting so, without a quorum, everything was put on hold until August when the position was finally declared vacant. Since the council must declare the position vacant before posting the request for resumes, time was lost when council members weren't notified in June. The position could have been declared vacant then.

Lemley also pointed out the upcoming election will correct the situation. Miller is one of two candidates for the Ward-2 Position-1 seat on the November 4 ballot. Ward-2 resident Stephanie Beck will also appear on the ballot with Miller. She did not submit a resume.

Hobbs tried to move onto the next item on the agenda when Alderman Andrea Bearden jumped in and made a motion to appoint Miller. The motion was seconded allowing the issue to be discussed.

Bearden asked Miller what he sees as his goals for the city. "To try to make this council work together," Miller said. "The goals of the city should be unity, listening to what's being proposed, thinking not only what's good for the people but good for the whole."

Aldermen praised his 25 years of service in the military, now retired. He was also the owner/operator of a computer business. He has also retired from that.

Under state law, when filling a vacancy on a city council, the number of votes needed to approve the appointment is based on the number of aldermen still on the council. In this case a minimum four out of seven were needed for the motion to pass. Those voting "Yes" were Juanita Wilson, Andrea Bearden, Samuel Gregory, and Faye McKeon. Voting "No" were Farren Wadley and Lonny Chapman. Ceola Bailey was absent, which counts as a "No" vote.

After the vote Miller should have been sworn-in. This is where Hobbs tried her next maneuver.

Hobbs can legally give the oath to elected and appointed city officials. She, however, decided to claim she couldn't swear him in because she didn't have a copy of the oath and the form he needs to sign. She said they were on an employee's computer she couldn't access.

Both Lemley and Bearden found the oath on-line and in the Arkansas Municipal League handbook. Bearden also had a digital copy of the form with her. Bearden suggested the meeting could be recessed for 10 minutes while they go into the office area in city hall and printout what the mayor needed. Hobbs was having none of it.

Things got a little heated when Hobbs claimed the aldermen got "together to get things organized" and put the appointment on the agenda for this meeting. Alderman Faye McKeon said, "Nobody got together, this was in last week's packet."

Hobbs tried to claim she didn't set the agenda. She also claimed she didn't put Miller's resume in the aldermen's October meeting packet.

"Well somebody put it in there," McKeon said.

In fact, the appointment was on the September agenda but no resumes had been received. Miller submitted his resume after the September meeting and the appointment was on the October agenda. Hobbs then "forgot" to post the "Regular" monthly meeting as she, or someone, does every month causing the October 20, meeting to be canceled.

Bearden made the point that a portion of Alexander hasn't been fully represented since Scott resigned and that there is no reason Miller shouldn't be given the oath immediately. Bearden also reminded Hobbs she was given the oath the night she was appointed, sat in on the meeting and voted, then signed the paperwork the next day.

Hobbs gave the council the option of either continuing the meeting without Miller or adjourn the meeting. Obviously she was intent on keeping that seat a "No" vote for as long as possible.

Bearden made a motion to adjourn the meeting, "until Ken (Miller) can be sworn in." Wilson seconded the motion. The vote was four to four to adjourn. Wilson, Bearden, Gregory, and McKeon voted "Yes." Voting "No" were Wadley and Chapman. With Bailey absent and the Ward-2 seat still vacant, because Miller wasn't sworn-in, those two positions counted as "No" votes. Using seven members to determine the majority needed to pass a motion only applies when filling a vacancy on the council.

The final vote was not announced and Hobbs did not vote to break the tie. Legally, the meeting continues with no one present.

Prior to the vote to adjourn Alderman Gregory asked about rescheduling the meeting. Bearden suggested Monday, November 3. Hobbs and City Recorder Sharon Bankhead said they couldn't make it. Alderman Chapman said he would try. The others said they could make it. Ceola Bailey was absent.

The council agreed to hold its next "Special Regular" meeting on Monday, November 3, 6 PM at city hall. The public is invited to attend.

Miller was sworn in by Saline County Justice of the Peace J.R. Walters on Tuesday, October 28.

For those of you who are confused at this point let me summarize. Mayor Hobbs wants us to think she had to wait until July to tell the council of the resignation when she knew about it three days before the June meeting; Miller's resume magically made its way into everyone's packet and his appointment on the agenda without any interaction by her; and she doesn't keep copies of important documents required to perform her duties as mayor on her office computer: things like blank legal forms, the oath of office, a blank agenda to fill out, and meeting announcement signs. And while we're at it, Sharon Bankhead can't count.

Now, as for those two "No" votes against Miller's appointment: Lonny Chapman is unopposed in his re-election bid so he has nothing to lose by voting "Yes." Farren Wadley is running for mayor so you would think he would want to be on the side of appointing the only applicant to a vacant seat. Not to mention since Miller is on the ballot for that spot he could also be elected. You would think voting "Yes" was a no-brainer.

However, sitting in the audience Monday evening was Jerry Ball, another candidate for mayor. With what appeared to be a shake of his head to Chapman and Wadley, they each voted "No."

Since Wadley is running for mayor he won't be on the council after December 31, no matter what happens in the mayor's race. Chapman must be covering his bets in case Ball becomes mayor. You'll have to ask them why his approval was necessary.

So we have an appointed mayor who wants to be elected but doesn't want to do her job by administering an oath, a second candidate for mayor who can't think for himself and a third who is already practicing his council controlling skills.