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Sunday, November 27, 2022

Opinions disguised as facts, with a side order of mud

(This article may contain opinions by its author.)

Elections can be fought in many venues. Candidates can use roadside signs, TV/radio commercials, rallies, debates, and now social media to get their message to the voters. For the most part the recent battle for mayor of the City of Alexander was, and still is, being fought out on Nextdoor; the website that brings neighbors closer together.

In the recent General Election none of the candidates for mayor received 50-percent plus one vote. Because of that, a runoff between the two candidates receiving the most votes will be held Tuesday, December 6.

Of the total 540 votes cast in both the Pulaski County and Saline County portions of Alexander, the mayor’s race broke down like this. Crystal Herrmann received 256 votes (47.40-percent). Paul Mitchell received 228 votes (42.22-percent). Scott Chaloner came in third with 35 votes (6.48-percent). Finally, Tom "TJ" Gaylor Jr. came in fourth with a total of 21 votes (3.88-percent).

Chaloner withdrew himself from the mayor’s race in September, but not in time for his name to be removed from the ballot. Under state law any votes cast for him must still be used to calculate the percentage of votes cast per candidate.

What kind of person do you want as mayor? Based on what she has posted on Nextdoor (Joined August 26) one could surmise Crystal Herrmann does not believe in “Innocent until proven guilty” or a higher legal authority other than herself. Let’s review some of her previous statements beginning with the one that started it all.

September 27

The current administration misused 2019 ARDOT Grant founds (funds) to pave E 4th Street that is in fact in the City of Little Rock.”

Notice she instantly proclaims the current administration “Misused” money from a grant program funded by the Arkansas Department of Transportation (ArDOT).

BACKGROUND:

A portion of a special fuel tax approved by voters is being used to help cities and counties upgrade streets and roads by funding the overlay of new asphalt. Generally a city or county can request the grant every three years.

Depending on which map you look at E. 4th St. is either completely inside Little Rock, or a portion is in Little Rock and the rest is in Alexander. There’s even a 1980 city map that shows the boundary down the center.

When this first came up the question was raised as to who is responsible for 4th Street. Alexander’s Streets and Parks Department Superintendent contacted officials at the Little Rock Street Department and he reported back to the city council. He said Little Rock has 4th Street labeled as the responsibility of Alexander.

These projects are reviewed by an ArDOT engineer. The engineer inspects each street in order to write up the bid specifications. According to Mayor Mitchell, during the tour of the city Mitchell asked about 4th Street. Mitchell says the engineer had no issue with paving 4th Street.

ArDOT handles the bidding process, monitors construction and pays the contractors directly. That money never comes to Alexander. So, technically the “Mayor” didn’t “Misuse” grant funds.

In another statement Herrmann says ArDOT, “Missed it.” It’s difficult to “Miss” a problem when you are told about it.

She dismissed the above accounting as, “Explaining it away.” In other words, she is the final arbiter of what is true.

So, according to Crystal Herrmann, she would have never repaved 4th Street. She would have probably never asked if it qualifies because according to her it’s a Little Rock street, which Little Rock isn’t maintaining. Our street department even cuts the grass. She would have probably stopped that, too.

October 6

Our city has lost 5 officers to better opportunities in the last 2 months. The City of Alexander has received $700,000 in "ARPA" America Rescue Plan Act funding. You have to ask yourself why is the current mayor not releasing the ARPA funding to the Police Department? Other cities are using ARPA funding to offer sign on bonuses and higher pay rates.”

It is true five officers did leave the force. I can account for three of them. Two were hired by the Capitol Police at around $56,000.00 per year. One still serves as our code enforcement officer. The third left to fulfill his dream of teaching.

Four officers have been hired within the past several months. One is a female officer who has already gone through the Arkansas Police Academy training course. A rarity. Normally every police hired needs to go through the academy.

Since developing a benefits package that includes health insurance, dental, eye care, life insurance and retirement the city hasn’t had as much of a problem attracting applicants, as it did in the past. City policy now requires all new hires who must attend the academy, which is paid for by Alexander, to sign a contract that requires those who graduate the police academy work for the department a minimum of two years.

As for the ARPA funds, assuming all of Herrmann’s suggestions are legal it’s not up to the mayor how or when the funds are used. It’s up to the city council. Remember them? They’re in charge.

This issue, however, may become a moot point. At the city council’s November meeting Police Chief Robert Burnett submitted a proposal to use the ARPA funds to provide pay raises for the next four years. ARPA funds expire December 31, 2026. Any unused funds must be returned.

Burnett proposed pay increases ranging from a high of 26.3-percent to 6.7-percent. The new wages for the police department will have to be approved as part of the 2023 budget, which should be discussed at the December council meeting. If the plan is adopted only the additional pay will come from the ARPA account every two weeks. Current wages will come from the Police Fund as they do now.

October 7

Alexander's current administration has not been in full compliance with Legislative Audit for many years despite the proclaimed years of municipal experience.”

True, but the implication here is that up until this mayor the city always was in compliance. That is definitely not true.

Arkansas Division of Legislative Audit has Alexander’s audits on its website going back to the year 2000. The Mayor who served before Paul Mitchell was sworn-in on January 1, 2011, didn’t let a year go by without having a bad audit. In the 11 audits available (2000 to 2010) the city was in “Noncompliance” in both the financial and court/police categories. The mayor even racked up five herself.

A review of the audits from 2015 to 2020 show a reduction of noncompliance complaints. In 2015 there are nine financial items of noncompliance and eight under either court clerk or police. By 2020 financial is down to zero and the court clerk has one. If you are going to lay blame of all noncompliance issues at the feet of any mayor then the mayor should get the credit for the successes as well.

In 2016 and 2020 the current mayor received one noncompliance item for each year. The most recent is due to the issue with improvements to the city park unintentionally being built on land not belonging to the city.

October 11

I'm not sure the City will be as lucky with the misused Cares Act funds because it is Federal Funds and they are stricter and do follow up.”

Here’s another proclamation where she claims to know more than the city attorney. Below is a portion of an article which appeared in The Alexandrian following the January 2021 meeting of the Alexander City Council. CARES stands for Coronavirus Aid, Relief, and Economic Security Act.

The Alexandrian; Posted January 31, 2021:

“The Alexander City Council approved appropriating $100,000.00, which will be used to pave two city streets and buying a used bulldozer for the street department. The money comes from the $114,931.18 in CARES Act funding received near the end of 2020.”

The purchase plan was proposed during the city council’s December 2020 meeting. The article continues.

“Before spending it council members at the December council meeting asked about any restrictions on how it can be spent. At the January meeting Mitchell reported that the city attorney investigated the issue and was told there are no limitations on how the CARES Act funding can be spent.”

Maybe Ms. Herrmann can explain how you “Misuse” funding that has no restrictions.

October 12

Mayor's are the Chief Administrative Officers and responsible for all Administrative functions. As Mayor I will take responsibility to insure that all record - keeping and accounting practices are in compliance.”

The Arkansas Municipal League (AML) publishes a handbook that provides answers to the most asked questions concerning the legal aspects of operating a municipality under Arkansas Law. The latest version is entitled Municipal Law in Arkansas FAQ 2021.

One of the Q-and-As involves supervision of the recorder and treasurer. The recorder takes the minutes of public meetings.

In Arkansas a municipality may have one of two arrangements. Either one person serving as recorder and one person serving as treasurer, or one person serving as recorder-treasurer. Whether it’s recorder, treasurer, or recorder-treasurer they are all elected positions serving four-year terms.

The AML responds to this question as follows.

“Q: Who is the recorder-treasurer’s supervisor?”

“A: The recorder-treasurer is an elected official and therefore is not supervised in the same sense as an employee. However, the council may prescribe additional duties (A.C.A. § 14-44-109). The recorder-treasurer should in general perform their duties in cooperation with other elected officials.”

So the question is, would a Mayor Herrmann rule over the elected treasurer as if they were a mere employee?

She claims she will, “[I]nsure that all record - keeping and accounting practices are in compliance.” By whose standards, hers?

And let’s not forget, as stated above, the 2020 audit did not list any financial noncompliance issues. Who gets credit for that?

October 22

I'm 100% if they would have performed a background check on her she would not have been hired to handle money.”

The “Her” and “She” Herrmann is referring to is Melissa Anthony (formerly Melissa Ratliff). From January 1, 2015 to February 2018 Anthony/Ratliff served as a member of the city council. Starting in February 2018 she was hired as Alexander’s bookkeeper and human resources director. Later, she took on the duties of office manager.

BACKGROUND:

During the Fall Fest, held October 1 at Alexander City Park, K-9 Officer Lavrine was walking with K-9 Leo when Leo tagged a car. It’s been reported the vehicle belonged to Anthony and there was a male occupant inside. Anthony and her children were in the crowd at the Fall Fest. According to Mayor Mitchell he told Officer Lavrine he would take care of it on Monday.

Mitchell says Anthony never arrived Monday (October 3), nor did she call in. She did come in Tuesday and worked the rest of the week. Sometime during the week Mitchell scheduled a surprise drug tests for the following Monday.

Shortly after she arrived at city hall on Monday October 10, 2022; Anthony was told by Mayor Paul Mitchell he had scheduled a drug test for her and another female employee. According to Mitchell, Anthony was to wait in her car. Before the other employee was ready Anthony drove away and did not return. Mitchell fired Anthony for “Job Abandonment.”

When the news leaked out about Anthony being fired, Herrmann started filing more FOIA requests. Based on the information she received Herrmann declared on Nextdoor Anthony had “Embezzled” around $90,000.00 and Mayor Mitchell “Allowed” it to happen.

Herrmann’s comment, “[I]f they would have performed a background check on her she would not have been hired to handle money,” implies Anthony had a criminal record. Where’s the proof? Does Herrmann know more than city officials about Anthony’s past?

A search for Melissa Ratliff on the website Arkansas Judiciary shows legal cases involving divorce related issues and a lawsuit with a heating and cooling company. No criminal cases were listed.

November 7

The current Mayor is the only candidate that is a career politician and will receive monthly payments from the city if in office for two more years.”

If any of her comments could be classified as being made up out of “Whole Cloth,” as the saying goes, this would be it. This one definitely makes me wonder who she is listening to.

Alexander does not have a retirement plan for elected officials. They are also not part of the Arkansas Public Employees Retirement System (APERS).

The only other option would be for a city council to award a former mayor with a pension after they leave office. That’s what happened in June, 2012 when the Alexander City Council voted to give former Mayor Shirley Johnson an $800 a month pension; which was half her previous monthly salary. She was mayor for 20 years, before being defeated by Paul Mitchell in 2010, and served on the city council before that. Now that’s a career politician.

FINAL SUMMARY:

So, what do all these comments say about Crystal Herrmann?

She definitely doesn’t couch her statements in a manner that would indicate someone is innocent until proven guilty. If she thinks you’re guilty, you’re guilty because she said so. Is that what you want in a mayor?

She obviously believes what anyone says, providing it makes the individual she’s going after look bad. Is that what you want in a mayor?

It appears she believes a mayor has more power than they actually have. Is that what you want in a mayor?

She believes if you commit a crime today you must have a criminal past. Is that what you want in a mayor?

She assumes this administration is spending federal grant monies illegally without bothering to find out how it can be spent. Again, guilty until proven innocent. Is that what you want in a mayor?

She displays the arrogance that all our problems will be solved if you make her mayor. Is that what you want in a mayor?

What kind of mayor do you want? Do you want someone like Crystal Herrmann, or do you want a mayor who doesn’t instantly jump to conclusions, a mayor who doesn’t assume you are guilty first, a mayor who doesn’t assume they have all the answers, and a mayor who follows legal opinions from lawyers rather than deciding what’s legal on their own?

Early voting begins Tuesday, November 29. The runoff election is Tuesday, December 6. Vote wisely. The type of person you choose for mayor will affect Alexander for the next four years.

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