Alexander’s amended budget good until February

The Alexander City Council approved amending the 2017 budget based on financial numbers available up to the end of November. The amended budget also includes any purchases approved by the council since the last time the budget was amended.

The budget resolution provides for the amended 2017 budget to be in “effect until February 19, 2018.” This allows the city to have a budget that can be used during the first month of 2018.

By law, a new budget must be approved by February 1 each year. Mayor Paul Mitchell said since the January meeting is always the fourth Monday of the month, due to the Martin Luther King, Jr. Holiday falling on the regular meeting night, that provides enough time for the end-of-the-year financial statements to come in and finalize a new budget.

City bookkeeper JoAn Churchill told council members the main number they need to know is how much is left in the checking accounts on December 31 so it can be carried over in the 2018 budget. She also said the new one-cent sales tax, approved by voters in November, will be included in the new budget. That tax is expected to be added to local sales beginning April 1.

During the announcement portion of the Dec. 18 meeting;

Mayor Paul Mitchell announced the individual “Tagging” (spray painting) property along Brookwood Road was arrested by the Alexander Police Department. According to the Saline County Sheriff’s Department website Michael Palacios has been charged with five counts of “Criminal Mischief in the First Degree” greater than $500.00, a Misdemeanor. He was booked December 16 and released December 18. Bond was set at $50,000.

Mitchell reported the gazebo for the park has arrived. As soon as the weather lifts the concrete pad will be poured and the gazebo will be assembled.

Beginning sometime in January, 2018 street lights will be mounted on 36 existing power poles in South Alexander. Mitchell said additional poles where lights can be mounted will be identified so the process can continue until the only areas left need poles. The city must bear the cost where poles or transformers are needed. Mitchell added lights will also be installed in the city park and along the trail.

The process of deeding the Human Development Center to Alexander is still ongoing. Mitchell says he was told additional state agencies are required to sign-off on giving up the property than originally expected.

Mitchell announced the street department has purchased a used street sweeper through the Federal Government’s used equipment buying program. The purchase price was $4,000 plus $2,500 to transport it cross-country to Alexander. He said the sweeper, which was used to clean runways at an airport, was valued at $200,000 new and only had 8,000 miles. Mitchell said last year the city rented a street sweeper to remove numerous pine needles so drivers can see the edge of the streets. He said not having to rent will pay for the sweeper.

The two furnaces in the front portion of city hall had to be replaced. Mitchell said they had a manufacture date of 1978, which would have been about the time the building was built for the post office. The heat exchanger had been eaten away in one and the other would eventually light shooting out flame. The cost for two Trane furnaces was $4,400, which included building a new connector box for the bottom of one of the furnaces.

Finally, Mitchell announced he will be running for mayor in 2018. The position of mayor is a four-year term while council members have a two-year term. The positions of treasurer and recorder are also four-year terms but those elections are held halfway through the mayor’s term.

Due to the Martin Luther King, Jr. Holiday is on the third Monday of January, the next regular meeting of the Alexander City Council is Monday, January 22. Meetings start at 6 PM and are held in the courtroom at the City of Alexander City Hall. The public is invited to attend.

Monday's Alexander council meeting should be quick

With only two items on the City of Alexander agenda, Monday night’s meeting should go quickly. Council members will be asked to approve amendments to the 2017 budget, up to the end of November. They will also be asked to approve using the 2017 budget into January 2018. By the January meeting council members will be presented with a final amended budget for 2017 and a budget for 2018.

The next regular meeting of the Alexander City Council is Monday, December 18. Meetings start at 6 PM and are held in the courtroom at the City of Alexander City Hall on Highway 111, across from the post office. The public is invited to attend.

Santa came to town

Santa Clause took a break from preparing for his annual Christmas Eve run to visit some children in Alexander. Saturday’s visit was arranged by the City of Alexander Fire Department.

After meeting the children Santa read them the Christmas classic ‘Twas the Night Before Christmas. Afterwards the children told Santa what they wanted for Christmas.

Alexander officials, employees have Christmas luncheon

  City of Alexander officials and employees held a 
  Christmas pot-luck luncheon for themselves and 
  family members Friday, December 15. There was 
  plenty of food to go around and, of course, a good 
  time was had by all.

Former Alexander officer cleared of liability in 2012 shooting

In U.S. District Court Thursday, December 7, a jury cleared former City of Alexander Police Officer Nancy Cummings of any liability in the shooting death of 30-year old Carlton Wallace. The decision follows a $150,000 proposal to settle out of court, which was turned down by the Alexander City Council.

According to court documents Jacquelyn Wallace, Carleton Wallace’s mother, filed the civil rights lawsuit, “for the Estate of Carleton J. Wallace.” The lawsuit claims Cummings, “violated Wallace's Fourth and Fourteenth Amendment rights to be free from excessive force.” The trial was conducted by Judge Billy Roy Wilson.

The shooting occurred Saturday, September 8, 2012 in Alexander on Brookwood Road. The incident was investigated by the Arkansas State Police.

Cummings was a rookie officer and had not yet been certified by the state. At the time then Police Chief Horace Walters said she had met all the state qualifications to be on patrol.

According to an article in the ArkansasOnline version of the Democrat-Gazette the jury heard testimony from Cummings, her daughter who was on an official ride-along at the time and expert witnesses. In her testimony Cummings said she encountered Wallace walking in the middle of Brookwood Road shirtless around 4:30 PM. Cummings said she noticed Wallace had a pistol tucked in the waistband of the back of his pants. She stopped the police car and began speaking to him.

The article states that Cummings testified, “Wallace ... replied in slow, drawn-out words that made her believe he was intoxicated.”

After he was ordered to drop the weapon and put up his hands both Cummings and her daughter told jurors Wallace turned pulling the 9mm pistol from his waistband and pointed it at Officer Cummings. He then appeared to look either at the gun or Cummings’s daughter before throwing the weapon into the woods, they said. Later in the trial it was revealed when his gun was found the safety was off and ready to fire.

The article goes on to explain how Cummings took a position behind the car door with her service weapon drawn. She then ordered Wallace to lie on the ground. When he refused she ordered him to lean on the hood of the police car. In her testimony Cummings went on to explain how, with Wallace leaning on the hood, she attempted to handcuff him by holding her weapon at her side, grabbing one of his hands to bring it around to his back. She was then going to holster her weapon, bring the other hand to his back and complete the hand-cuffing procedure. But, Cummings said he suddenly turned, jerking her "real hard," and the gun went off. Not realizing her gun had fired, hitting Wallace in the back, she said she was confused when Wallace staggered and dropped to the ground.

Two witnesses were allowed to “Testify” without being present. According to the Democrat-Gazette previous testimony given by boys, ages eight and ten, was read into the record for the jury. The boys couldn't be found for the trial.

The boys were outside a nearby mobile home at the time of the shooting. During the investigation by state police the boys said it looked to them as if Wallace had tried to run and then Cummings had grabbed the gun and intentionally shot him. One boy said she appeared to take the gun out of its holster; the other said it looked like she picked it up off the hood. While one of the boys estimated they were eight feet away at the time of the shooting, defense attorneys said a state police diagram made after the incident shows they were 52 yards away. A firearms expert hired by Cummings's attorneys said that because sound travels slower than light, the boys probably saw Wallace moving away and then heard the shot, leading them to falsely perceive that he was running before he was shot.

The expert, Emmanuel Kapelsohn, said blood drops and the diameter of the stippling surrounding Wallace's wound indicated he was three to four inches from the gun when he was shot. If he had been farther away, Kapelsohn said, the stippling from the gunshot wouldn't have reached him. Kapelsohn also testified that the actions described were consistent with Cummings experiencing an involuntary muscular contraction, which caused her finger to fire the gun instinctively when she was thrown off-balance.

In closing arguments Thursday morning, the article continues, attorneys Reggie Koch and Jimmy Morris -- representing Wallace's mother, Jacquelyn, in the lawsuit against Cummings -- complained that they couldn't afford to hire an expert to counter Kapelsohn and another expert, who together

cost about $6,600. Koch suggested that Cummings, who had been scheduled to attend law

enforcement training, may have relied on her previous training at the Arkansas Department of Correction, where guards can shoot fleeing suspects.

John Wilkerson, an Arkansas Municipal League attorney who represented Cummings, told jurors

that to find Cummings liable for Wallace's death, the plaintiff had to prove by the greater weight of evidence, "that this was no accident ... it was intentional."

He said the plaintiffs' attorneys "want you to believe the boys when it's helpful" but not when

their statements contradict each other.

"We're not calling the boys liars," Wilkerson said, but "they're little boys."

He said Cummings "is not a malicious person," and reminded jurors of previous testimony that Cummings has undergone therapy to try to cope with Wallace's death.

The article notes two facts jurors were not told. Cummings was acquitted of manslaughter in 2013 by a Saline County jury and, after his death, blood tests showed Wallace had ingested a high dose of methamphetamines, as well as anti-anxiety medication and marijuana.

The article quotes Wilkerson who said after the verdict, "It's been five years for her, and I know it's a huge relief for her. I'm happy it's over, for her."

Cummings resigned shortly after the shooting. She still lives in central Arkansas but has not returned to law enforcement work.

The plaintiffs' attorneys didn't ask jurors for any particular amount of money if they found Cummings liable, according to the article. Attorneys for Jacquelyn Wallace said she knew ahead of time that it would be a difficult case.

As reported November 26, the Alexander City Council turned down an offer of $150,000 by Wallace’s attorneys to settle out of court. At their regular November 20 meeting council members decided to either wait for another offer or let the lawsuit move forward.

Even though a previous ruling by a Federal District Court judge released both the city and then Police Chief Horace Walters as participants in the case, Alexander would have been responsible for ten-percent of any settlement or fine. The Arkansas Municipal League would have paid the remaining amount.

The Democrat-Gazette article was written by Linda Satter.

Reservations needed to “Meet Santa”

City of Alexander officials have made arrangements with Santa Claus to meet local children and read to them the story “The Night Before Christmas.” The event will be held Saturday, December 16 from 11:00 AM to 1:30 PM in the city hall courtroom. Cookies and milk will be served plus they will have the opportunity to take part in arts and crafts.

Reservations are needed so Santa knows how many boy and girl gifts to bring. To make a reservation call his local elf at (501) 455-2585 Ext-102.

Alexander city council approves gazebo plans for park

      This past year visitors to Alexander City Park have benefited 

      from the addition of some amenities including park benches 

      and trash containers. Next year Mayor Paul Mitchell expects 

      to add a gazebo, similar to the one in the above photo.

      At the regular November 20 meeting council members 

      approved a maximum of $60,000 on the project. Mitchell 

      estimated the cost of the gazebo between $25,000 to $30,000 

      plus another $30,000 for installation of the gazebo and 
      adding electricity.

      The project will be paid for from the park fund, which receives 

      one-quarter cent from the current two-cent city sales and 
      use tax. When asked Mitchell said the park fund has 
      around $300,000.