At the first council meeting of 2023, City of Alexander Mayor Crystal Herrmann, with the help of Council Member Angela Griffin, attempted to postpone the council’s legal responsibility to approve the Organization of City Council 2023. Failing that, Herrmann was able to stall the appointment of a new council member claiming the “Timing” of declaring the Ward-1: Position-2 seat as vacant was, “Handled incorrectly.”
Herrmann asked that passage of the Organization of City Council 2023 be “Tabled” until the next meeting because, “Kinks need to be worked out.”
Council Member Juanita Wilson instantly jumped in and said, “There are no kinks to work out.”
“Just looking at some of the responsibilities of city council compared to 2022, it looks like there's some blurred wise or over-crossing of some responsibilities of city council that used to be held by the mayor,” Griffin said.
Council members were provided copies of the 2022 and the proposed 2023 versions of the Organization of City Council.
Griffin’s main focus was the changing of who sets the agenda. When she was comparing the 2022 rules to the proposed 2023 version she noted control of setting the meeting agenda was changed from the mayor to, “one council member who will be responsible for preparing the agenda,” quoting the 2023 version. Griffin wanted to know why it needed to be changed.
“Changed because it needed to be changed,” Wilson said. “We have new people that do not know what the laws are. So this way we are covered with you.”
Wilson also explained that under State law the council is required to approve the Organization of City Council, “During the first meeting of every year.”
According to the Arkansas Municipal League’s (AML) pamphlet Municipal Law in Arkansas FAQ 2021 it states, “In January of every new year, the council is to organize itself for the following year (A.C.A. § 14-43-501). The council should determine how the meetings will be run, dates, times and places of meetings, how the agenda is to be set, who will set the agenda and any other procedural matters which will make the remaining meetings run more smoothly.”
“And it looks like some of the changes are that there are more responsibility on council that has been taken away from the mayor,” Griffin said. “Right, okay. We can vote on it.”
The Mayor took a voice vote. Council members Joy Gray, Joe Pollard, Tony Staton, Harold Timmerman, and Juanita Wilson voted “Aye.” Angela Griffin and Gina Littlejohn voted “Nay.”
Mayor Herrmann caught everyone off-guard who has witnessed and participated in the process of filling a vacant seat on the city council when she said it had to be “Tabled” because of a legal issue. Although the process is seldom needed, this isn’t the first time this council has had to fill a vacancy.
“I was notified by the election commission that it was done incorrectly and that I had to contact Municipal League, which I have,” Herrmann claimed. “And I'm waiting on the email and writing on how to move forward.”
Council Member Tony Staton asked, “What clarification?”
“They just notified me that it was handled incorrectly and it had to go through the court,” Herrmann responded. “I'm waiting on writing on if we can move forward without having to go to the court. So we will have to table that one.”
“Well, I would like to see where you got that from because the council elects their own picks when someone quits,” Wilson said. “Then the council picks out the next person.”
“Yes, ma'am. It's just the timing of picking the next person,” Herrmann said.
“But the timing is like you have 30 days and here we are,” Wilson responded.
“30 days from what?” Herrmann asked.
“The lady resigned last month that moved out of the city,” Wilson explained.
“That was the part that was dealt with incorrectly,” Herrmann continued.
The January 23 meeting was 34 days after the city council accepted the resignation of former Council Member Elizabeth Bland during the December 19 meeting. Bland moved outside of Alexander making her ineligible to serve on the council. The resignation was sent in the form of an E-mail.
On this matter the AML’s Municipal Law in Arkansas FAQ 2021 pamphlet states, “Regarding cities of the second class, A.C.A. § 14-44-104 provides that ‘at the first regular meeting after the occurrence of the vacancy, the city council shall proceed to elect, by majority vote of the council, a council member to serve for the unexpired term.’” The City of Alexander is a Class-2 city.
The council eventually voted to table the appointment until a future meeting.
During the Public Comment portion of the meeting Arkansas Municipal League attorney John Wilkerson introduced himself to the recently elected council members and mayor. He cited the many legal issues he dealt with for Alexander over the past 15 plus years.
Addressing the issue of the appointment to fill a vacancy on the council he asked, “Did you all accept the resignation?” After being told “Yes” he added, “Then I don’t know what the problem is.”
Herrmann and all the council members were elected in the November 8, 2022 General Election and sworn into office January 1, 2023. Council members Joy Gray, Joe Pollard, Harold Timmerman, and Juanita Wilson were the only incumbents to survive the election. Wilson was the only one with an opponent, April Cotton. New council members Angela Griffin and Gina Littlejohn defeated incumbents Jeffery Watson and Lonny Chapman respectively. The third new council member Tony Staton was unopposed and replaced Council Member Dan Church who did not seek re-election. This is Herrmann’s first council meeting after defeating incumbent Mayor Paul Mitchell in a December run-off election.
Also at the January 23 council meeting:
No answer on Fire Chief Administrative Leave
The agenda item was listed as, “Update from Mayor on the status of the Fire Chief.”
“I’m not at liberty to discuss the criminal investigation,” Herrmann said. “I was advised I cannot discuss it.”
Council Member Joy Gray asked, “Is this something we can do in Executive Session with the city council?”
“I’m afraid even if we did that, Joy, I’m afraid I still couldn’t talk about that,” Herrmann said.
City Jail Fine increased to $20
Resolution to pave city streets approved
If the low bid is over the allotted $300,000.00 the city will have to make up the difference. ArDOT’s estimate for this project is $324,000.
The grant is part of the State Aid City Streets Program. Cities and counties are allowed access to this program as part of a gasoline tax approved by voters. Revenue from the tax is being used to upgrade interstate and state highways along with city and county streets and roads. Cities and counties are allowed to submit a grant proposal every three years.
Live-in guards plan approved
Under the proposal employees from either the street department or police department would live rent-free in the homes in exchange for the employees, on their own time, maintaining the grounds surrounding the homes and patrol the entire property protecting it from vandalism. Pathfinder’s Inc. used the homes to house adults with special needs. Their lease expired in August.
Soon after Pathfinders moved out the vandalism began. Damage to the Alexander Community Center #2 and the homes resulted in over $9,000.00 of repairs and cleaning. The vandalism has stopped after two street department employees were allowed to move-in with their families late last year as a quick stop-gap measure.
At the January 23 council meeting Police Chief Robert Burnett provided council members with a sample of the rental form and other documents to be used. Council members agreed that a $500.00 security deposit should be “Required” and the city attorney should review the rental agreement.
Next Meeting