(Content
Edited for accuracy 5-22-2016.)
City of
Alexander Mayor Paul Mitchell used his voting powers to place items on the
agenda and to allow an ordinance to pass without the required three readings.
The need for the unusual action was caused by the absence of three aldermen;
Andrea Bearden, Louis Hobbs and Andy Mullins.
But, before
the May 16 meeting could begin some legal housekeeping was required. Since the
city council still does not have a set of “Organization” policies for 2016 a
calendar of regular meetings does not exist. The council also did not set a May
meeting date during the April meeting.
A motion was
made by Alderman Dan Church to, “Make May 16, 2016 a regular scheduled
meeting.” It was seconded by Alderwoman Stephanie Beck and passed unanimously
by a voice vote. The meeting date and time was posted throughout the city prior
to the meeting.
This is the
second time this has happened in 2016. In January a similar situation occurred.
Not only did the council not set a meeting date for January during the December
meeting but the Martin Luther King Jr. Federal Holiday falls on the third
Monday. Meeting notices were posted announcing the meeting date for the fourth
Monday, January 25. Before that meeting started, a motion to set January 25 as
a regular meeting date was passed.
Before
continuing, Church made a motion to set the third Monday of the month as the
council’s regular meeting night until the end of the year. With Alderman Lonny
Chapman making the second the motion passed five to three.
During his
report to the city council City Treasurer Kenneth Miller wanted to present an
ordinance to council members for consideration. Since it wasn’t on the agenda
it requires a two-thirds vote of the council. The five members present; Church,
Beck, Chapman, Melissa Ratliff, and Farren Wadley; all voted “Yes” to place the
ordinance on the agenda. The three aldermen who were absent are counted as
voting “No.” It’s at this point Mitchell uses his authority to cast the
deciding vote of “Yes” resulting in the needed six votes to make two-thirds.
Under
Arkansas laws ACA §§ 14-43-501 (first class cities); 14-44-107 (second class cities),
and 14-45-105 (incorporated towns); a mayor may vote, “When the mayor's vote is
needed to pass any ordinance, bylaw, resolution, order, or motion.” The key
word here is “Motion.” The requirement that a mayor can only vote to break a
tie was changed in 1981.
In 2005
Arkansas Attorney General Mike Beebe was asked whether a mayor, in a city of
the first-class, can vote when a motion to suspend meeting rules requires a
two-thirds majority of a ten-member council. In Opinion No. 2005-006 the
Attorney General determined, “[T]he mayor appears to have the power to vote to
pass any motion that needs his or her vote for passage. Under this interpretation, in a ten-member
council, this would allow a mayor to vote with six council members to meet the
required seven votes for a two-thirds majority.”
The
ordinance presented by Miller allows the city to begin using a cash register to
hold money and track sales. The cash register will print two receipts, one for
the customer and one for the city. According to Miller whoever operates the
cash register must input a code, which will be recorded on the receipt. Miller
said he expects only four employees will have a code to the cash register.
Miller had
given council members a heads-up at a previous meeting telling them this was
coming based on comments from state auditors. At the May 16 meeting he said the
auditors are making it sound like a recommendation, but it’s really a
requirement.
“The state
wants to end hand-written receipts,” Miller said.
He also said
the current annual audit being conducted by the state indicates there are
receipts missing.
Mitchell noted
every time receipt books are ordered it costs around $1,000.
After its
first public reading, the council voted five to three to approve the ordinance.
To suspend the required second and third public readings of the ordinance it
takes a two-thirds vote of the council. Again, the five aldermen present voted
“Yes” requiring Mitchell to also vote “Yes” in order to achieve the needed six
votes.
Council
members then voted on an Emergency Clause allowing the ordinance to go into
effect immediately. Again, a two-thirds vote is required and again the five
aldermen in attendance voted “Yes” with the mayor also voting “Yes.”
Miller then
presented the council with a resolution that sets aside $100 each for the,
“change fund and petty cash accounts.” The resolution passed five to three. The
change fund will be kept in the cash register.
After the
vote Alderwoman Ratliff realized the resolution was not placed on the agenda.
After she made the motion, and it was seconded, the council and mayor all voted
“Yes” to attain the six votes needed to place it on the agenda.
In other
business during the May 16 meeting;
Alexander’s
prosecuting attorney Pat Marshall’s request for an increase in her monthly
salary was approved. The increase was proposed and discussed during the April
meeting. Marshall asked for an increase from $500 per month to $750 due to an
increase in the work load.
During the
April meeting Alderwoman Andrea Bearden wanted to know how many hours she
spends in pre-trial preparation. According to Bearden’s research a part-time
prosecuting attorney earns around $34,000 per year. Also at that meeting Alderman
Farren Wadley said he isn’t concerned about how many hours she’s working as
long as she’s doing her job well, she deserves the increase.
At the May
meeting Police Chief Robert Burnett told council members Marshall has been
spending many hours at city hall helping the department with cases.
This was
another item of business that had to be added to the agenda. Again, Mayor
Mitchell had to vote “Yes” in order to attain the six votes needed to add the
item to the agenda.
Fire Chief Mark Ridgeway told council
members the city’s fire rating will soon change from class-3 to class-2. This improvement
in the rating has been a goal since Ridgeway took over the department about a
year ago.
During his monthly report Police Chief
Robert Burnett introduced council members to Assistant Police Chief Richard
Harper. Burnett said one of Harper’s duties will be to put new officers,
including those who have graduated from the training academy, through a program
designed to weed out any officers who could pose a problem.
The next meeting of the Alexander City
Council will be Monday, June 20. Meetings are held at 6pm in the courtroom in
the City of Alexander Municipal Complex on Highway 111. The public is invited
to attend.