Alexander Mayor breaks two tie votes, aldermen clash

During a “Special Meeting” of the Alexander City Council Mayor Paul Mitchell used his option provided under state law to break two tie votes. The first was a vote to amend the “Organization of City Council” and the second was amending the annual budget.

The June 29 Special Meeting was called by aldermen Dan Church, Stephanie Beck and Jeff Watson to deal with three items that were tabled during the previous regular meeting held June 15. They were amending the "Organization of City Council,” amending the 2015 budget and what to do about Paychex. An ordinance requested by the Federal Emergency Management Agency was added by Mitchell before the agenda was posted. That ordinance was revisited at a Special Meeting held July 6.

Instead of discussing the proposed changes to the “Organization of City Council” Alderwoman Andrea Bearden claimed the document could only be voted on in January, with no changes allowed until the next January. Apparently expecting a tie vote she also claimed the mayor could not vote on it in any capacity.

Quoting Arkansas statute 14-43-501 Bearden said, “Organization of city council is not subject to veto by the mayor.” She continued, “Case note says the mayor’s vote cannot be used in amending or appealing.”

Further attempting to strengthen her argument that the attempt to amend the document was illegal she quoted General Acts which says, “The members of the governing body shall ANNUALLY (emphasis hers) in January assemble and organize. These judgments are not subject to veto by the mayor. The governing body shall determine the rules of its proceedings.”

Alderwoman Melissa Ratliff asked, “What’s the point?”

“The point is this is not January,” Bearden said.

Ratliff interjected, “He’s not vetoing anything.”

“He doesn’t have a say in it either is what it says,” Bearden countered. “In other words, he can’t vote to amend it.”

“I can break a tie,” Mitchell said.

“According to what we just read on the law you can’t,” Bearden retorted.

Mitchell continued, “If you read off the other statute in there the mayor is also a member of the council.”

“It says not in this one (instance),” Bearden said.

Apparently council members and the mayor were unaware that Bearden was quoting law that specifically applies to “Cities of the First Class.” Alexander is a “City of the Second Class.” The number 43 in 14-43-501 represents Chapter 43, “Government of Cities of the First Class;” Chapter 44 covers, “Government of Cities of the Second Class.” Chapter 44 does not require the city council establish a set of operating rules. It doesn’t forbid it either.

Arkansas statute 14-44-107, “Powers of mayor generally,” states in section, “(a) The mayor in cities of the second class shall be ex officio president of the city council, shall preside at its meetings, and shall have a vote to establish a quorum of the council, or when the mayor's vote is needed to pass any ordinance, bylaw, resolution, order, or motion.”

There was no discussion as to the changes made in the organization rules. According to Mitchell the amended version was edited by Ratliff and Alderman Dan Church. Most of the changes were made to return the document to its original form, which included reinstating the five-minute time limit on aldermen speaking on a topic. There was no time limit in the version submitted by Bearden and approved in January.

Voting “No” on amending the “Organization of City Council” were Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman. Voting “Yes” were Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff. Mitchell voted “Yes” to break the tie.

Bearden yelled, “It’s illegal, I just want you to know.”

“That’s fine,” Mitchell said.

The next day city officials contacted Attorney David Schoen with the Arkansas Municipal League. He verified the mayor had the legal authority to break the tie vote.

Amending the 2015 budget

The vote to amend the 2015 budget didn’t go any smoother. Besides Bearden’s second attempt to keep Mitchell from breaking any tie vote, a fight nearly broke out at the end.

Alderman Louis Hobbs kicked things off with a motion, “Not to amend the 2015 budget at this time.” Bearden made the second.

Bearden then proceeded with another attempt to keep the mayor from breaking a potential tie vote. Quoting state statute 14-55-204 she said, “All bylaws, ordinances, resolutions, or orders for the appropriation of money shall require for their passage or adoption the concurrence of a majority of the aldermen of any municipal corporation.” Pausing for dramatic effect she then adds, “Majority of aldermen, governing body.”

She also tried to put off the whole discussion by requesting a separate meeting for the budget.

“I’ve had 11 days, I have questions,” she said. “What I would like to see is a workshop where all of us come together, discuss it together, and understand what we’re trying to pass.”

Copies of the amended budget were given to aldermen at the June 15 Regular Meeting. State law permits the budget to be amended anytime during the year.

After reminding aldermen the motion was to, “Not amend,” the budget Mitchell conducted the roll call vote.

Bearden was called first and said, “I vote not to pass it.” Also voting “Yes” were Louis Hobbs, Andy Mullins and Lonny Chapman. Voting “No” were Stephanie Beck, Melissa Ratliff, Jeffery S. Watson, and Dan Church.

Melissa Ratliff then made a motion to pass the amended 2015 budget. Jeffery Watson made the second.

Alderwoman Andrea Bearden kicked off the discussion on the amended budget by questioning the dollar amount of the two one-cent sales taxes because they are three cents off.

Ratliff astonished asked, “Are you talking about three cents?”

Bearden responded, “Uh huh.”

Ratliff replied, “Really?”

Church interjected, “Lord, have mercy!”

Bearden reminded Ratliff, “They’re supposed to be the same (amount).”

The two sales taxes in question are each one-cent and were approved by Alexander voters separately over ten years ago. The taxes are applied to the same items and at the end of the year the two amounts are normally the same. After the meeting bookkeeper JoAn Churchill explained the amounts received monthly since the first of the year haven’t been the same. After determining a monthly average then multiplying by 12 there was a three-cent difference in the two amounts.

Ratliff asked, “Can I call the vote? I don’t want to hear all her … (inaudible).”

Mitchell responded, “Do you want to call the question?”

“Yes,” Ratliff said.

“Go straight to the vote,” Mitchell announced.

In a tone of discuss and outrage Bearden said, “Well this is ridiculous, that’s ridiculous.”

Talking over Bearden Ratliff said, “It (sales tax amounts) comes from the state.”

Pounding the gavel for order Mitchell said, “Address the chair not individual council members.”

Voting “Yes” were Watson, Beck, Ratliff, and Church. Voting “No” were Hobbs, Bearden, Mullins, and Chapman. Mitchell then voted “Yes” to break the tie.

“No, it (law) says you can’t (vote) on appropriation and money,” Bearden said.

“Mayor votes “Aye” it passes,” Mitchell responded.

Bearden becoming vocal said, “You’re breaking the law again.”

Pounding the gavel Mitchell said, “You’re out of order.”

“And, so are you. You’re breaking the law,” Bearden shrieked.

As they did for the “Organization of City Council” vote, on Tuesday city officials contacted Attorney David Schoen with the Arkansas Municipal League. He verified the mayor had the legal authority to break the tie vote.

While trying to move on to the Paychex issue Bearden, not wanting to let it go said, “You’re all a bunch of crooks.”

Chapman mumbles something inaudible, which was the last straw for Church.

“You both need to keep your comments to yourselves,” Church said. “I’m not a crook and I’m not a (inaudible). You understand me?”

Chapman and Church exchange words talking over each other. Mitchell, pounding the gavel, says, “Please, order.”

Bearden pipes in with, “Well, you can’t ask no questions.”

Mitchell again says, “Order.”

Church stood up and started a loud response but Mitchell cut him off, “Dan, don’t … (I’ll) have to remove you.”

What to do about Paychex

Concerning whether or not to keep Paychex Bearden said, “I make a motion to leave it as-is as we discussed.” Hobbs made the second.

“Just so we understand, the treasurer of Alexander and CenterPoint both recommend we wait till the first of next year to do anything with Paychex,” Bearden said.

In a back-and-forth among the council members it was restated that changing from Paychex to using the city’s accounting software could cause a problem receiving W2 forms. Even if that’s not a problem everyone will receive two sets of tax returns. Council members voted unanimously to not make any changes at this time.

In 2013, when Michelle Hobbs was mayor, the City of Alexander hired Paychex to handle its payroll. Since then, vacancies in the bookkeeping and treasurer positions have been filled. Also, the CenterPoint accounting software has been repaired. This issue will be revisited when developing the 2016 budget.