Former Alexander Mayor gets one year ... on planning commission

COMMENTARY

I'm going to skip the usual fair and unbiased reporting of the City of Alexander's monthly meeting and go straight to commentary. I do this because after serving four months in its current configuration this council has shown it's made up of weak, naive, underhanded, bootlicking, and just plain stupid aldermen.

Without appearing on the agenda and without her resume being provided to the aldermen in their meeting packets; former Mayor Shirley Johnson managed to finagle her way onto the city's planning commission. She will serve a one-year term followed by a three-year term to whomever is appointed to that position. Gee, I wonder who it will be.

The unexpected action occurred at the April 20 meeting with future ex-Alderwoman Andrea Bearden leading the way. Without making a motion to put the appointment on the agenda (which is required and should have been done at the start of the meeting) Bearden blurted out at the start of New Business, "I make a motion to appoint Shirley Johnson to the Alexander Planning Commission for a term of one year." Future ex-Alderman and Shirley Johnson boot-licker Andy Mullins seconded the motion.

It's interesting that while none of the aldermen had a copy of Johnson's resume in their packet Bearden had plenty to hand out. How convenient.

When asked by Bearden, Johnson said she turned in her resume Monday, 
April 13. Packets are usually available by Thursday or Friday the week before the meeting.

Bearden's reasoning for appointing Johnson is, "We don't have anybody representing District-1, Ward-1, on the planning commission." And, magically Shirley Johnson comes to the rescue.

Johnson stood before the council and gave a low-spoken oratory of sweetness that would give a diabetic a seizure.

"I would like to work with the planning commission ... Bob (McKeon) and I have worked on projects before, we don't always agree," Johnson said, "I've lived here over 70 years."

McKeon was appointed to the planning commission two weeks ago at a special meeting. We'll get back to that later.

The final vote was seven "Yes" and one "No." Because Alderwoman Stephanie Beck was absent from the meeting she was counted as a "No" vote.

Before Johnson spoke Alderwoman Melissa Rutledge asked Bearden if this was, "The same Shirley Johnson you were talking about when we were doing the employee manual?"

After Bearden replied yes Rutledge said, "And, you're nominating her for the planning commission?"

After Johnson was defeated by current Mayor Paul Mitchell in the November, 2010 election Johnson tried to collect a pension based on the retirement section of the employee manual. It was eventually determined that section was illegal and has been stricken from the manual. Johnson was mayor when it was passed in October 2005 and went into effect January 2006. Eventually, enough Johnson worshipers ended up on the council to award her an $820 monthly pension; which is still in effect. Current Ward-2 Alderman Andy Mullins was one of the aldermen who voted for her pension.

But there's more to the Johnson legacy. After the completion of St. Joseph's Glen Johnson admitted during a council meeting the planning commission allowed the developers to build St. Joseph's Glen without paying for building permits. Translation; I convinced commission members it would be a good thing for Alexander. It was also illegal since planning commissions have no authority to approve anything, they only recommend.

Current Mayor Mitchell was on the council at the time she made that statement. And, since she wasn't on the agenda for this meeting no one could attend to counter why she shouldn't be on the planning commission.

This was not the process used when the other four members were appointed to the planning commission. A workshop meeting was held Monday evening March 23 in which aldermen interviewed five applicants for the five available planning commission seats. They were Robert "Bob" McKeon, former Alderman Michael Huck, John W. Reeves, Sr., Deanna Reeves, and current Alderwoman Andrea Bearden. Former Ward-1 Alderwoman Ceola Bailey submitted a resume but did not attend the workshop. Ward-1; that's where Johnson lives.

At a special meeting, held Monday, April 6 the seven aldermen present and mayor went into executive session to discuss the applicants. After the executive session they nominated and appointed McKeon to a three-year term, Deanna Reeves and Bearden to two-year terms, and John W. Reeves, Sr. to a one-year term. Each applicant received seven "Yes" votes and one "No" vote due to the absence of Alderwoman Melissa Ratliff.

A motion was made to appoint former Alderman Michael Huck to a one-year term. He received only one "Yes" vote from Alderman Dan Church. This left Alexander with one vacancy on the planning commission. How far ahead was this planned?

Planning commission mischief and illegal employee manuals aren't her only legacy. The Arkansas Division of Legislative Audit (ADLA) conducts an annual audit of municipalities and other government entities. The audit consists of a review of accounting practices and whether or not they meet state requirements. Under her reign as mayor, starting with the calendar year 1998 and ending in 2010, the ADLA listed the following items.

1998 - "The Mayor did not provide a budget for the Police and Water Development Funds. Total expenditures for these funds were $35,179.32. Budgets are necessary for control of expenditures."

"The Recorder/Treasurer did not transfer $13,150.08 of highway turnback funds deposited into the General Fund to the Street Fund. This amount, combined with previous years [sic] improper transactions, resulted in the General Fund owing the Street Fund $48,070.11."

1999 - "Street Fund turnback in the amount of $3,979.29 was deposited to the General Fund." The General Fund now owes the Street Fund $52,049.40.

2000 - "Street Fund turnback in the amount of $5,646.03 was deposited to the General Fund." The General Fund now owes the Street Fund $57,695.43.

2001 - "Street Fund turnback in the amount of $14,849 was deposited in the General Fund." The General Fund now owes the Street Fund $72,544.43.

2002 - "Street Fund turnback in the amount of $11,977 was deposited in the General Fund." The General Fund now owes the Street Fund $84,521.43.

2003 - "Street Fund turnback in the amount of $7,638 was deposited in the General Fund." The General Fund now owes the Street Fund $92,159.43.

2004 - Everyone performed well this year.

2005 - "State aid for highway funds in the amount of $10,184.31 was not transferred to the Street Fund from the General Fund ... . State aid from previous years has also not been transferred with a total of $106,072.99 due to the Street Fund from the General Fund at December 31, 2005."

2006 - "The General Fund disbursements exceeded appropriations by $306,843 (116%)." This means Mayor Johnson spent more money than the council had budgeted and didn't present aldermen with an adjusted budget.

"State aid for highway funds in the amount of $29,297 was not transferred to the Street Fund from the General Fund," the report states. "State aid from previous years has also not been transferred with a total of $135,370 due to the Street Fund from the General Fund at December 31, 2006."

As a historical reference, it was in August of 2006 that Woodland Hills was annexed to the City of Alexander.

2007 - "State aid for highway funds in the amount of $24,543 was not transferred to the Street Fund from the General Fund. State aid from previous years has also not been transferred with a total of $159,913 due to the Street Fund from the General Fund at December 31, 2007."

2008 & 2009 - This was a combined audit conducted in 2010 because no audits were done in 2009.

"General Fund total disbursements for 2008 exceeded appropriations by $178,707 (27%)." Once again aldermen were not given an opportunity to approve an amended budget.

"State aid for highway turnback funds from previous years has not been transferred from the General Fund to the Street Fund. The total amount due to the Street Fund at December 31, 2009 and 2008 was $112,806 and $132,792, respectively."

It was about this time the aldermen discovered the illegal use of Street Fund revenue and passed a motion requiring that money go directly into the Street Fund. The council also began budgeting repayments from the General Fund to the Street Fund. If you'll notice the amount owed from the General Fund to the Street Fund between 2008 and 2009 has been reduced.

2010 - "The governing body did not review the prior agreed-upon procedures report and accompanying comments at the first regularly scheduled meeting following receipt of the report as required by Ark. Code Ann. § 10-4-418." According to state law council members are suppose to review the report and take the necessary actions to correct any errors before the report is sent to the ADLA.

"State aid for highway turnback funds from previous years was not transferred from the General Fund to the Street Fund. The total amount due to the Street Fund at December 31, 2O1O was $97,933."

Racial profiling

Then there's the opinion of U.S. District Judge G. Thomas Eisele issued in March of 2010 when he ruled against Alexander in a racial profiling lawsuit. In 2009 several male Hispanics filed a lawsuit charging former Police Officer Tommy Leath with targeting Hispanics for traffic stops. A review of citations he issued showed he had a higher percentage for Hispanics than other Alexander officers. Included in the lawsuit were Johnson and former Police Chief Allen Spears.

"In late April (2009), Mayor Johnson was specifically notified by a citizen, Jamie Guardado, of the allegation that Leath was racially profiling Hispanics," Judge Eisele said in his ruling. "Once advised of such a serious allegation, Johnson, at a minimum, should have reported the allegation to Spears and ensured that they (the allegations) were properly investigated. She was deliberately indifferent not to so act."

He also said, "The record indicates and the Court finds that City policy-makers Mayor Johnson and Chief Spears knew that Leath was targeting Hispanics but took no action to stop him. By their silence, they both condoned his conduct and allowed it to continue."

Back taxes owed the IRS

After Paul Mitchell became Mayor in January, 2011 he and the council learned of another secret Johnson kept hidden from aldermen. The City of Alexander owed several thousand dollars in back payments and penalties to the Internal Revenue Service (IRS).

Rather than working out a payment plan with the IRS she hired a Texas company to make the IRS go away. Thanks to former Mayor Johnson Alexander started 2011 not only owing the IRS but a couple more thousand to this company, which of course was not able to make the IRS vanish.

This is the person the city council has appointed to the new planning commission. I wonder how long it will take her to get it running like the old planning commission. And, don't you doubt that she won't use it to get back on her throne.

Since I have absolutely no use for this wimpy, get-along, anti-Paul Mitchell, hail Queen Shirley council I am shutting down this blog. Now that you've let the termite back into the house the structure will begin to once-again rot from the inside.