Alexander city
council members were presented a settlement offer of $150,000 over a
civil rights case, which stems from a 2012 police shooting. Even
though a ruling by a Federal district court judge released both the
city and then Police Chief Horace Walters as participants in the
case, Alexander is still responsible for ten-percent of any
settlement or fine.
Little Rock Attorney
Keith Wren recommended the city reject the offer. Wren was filling-in
for Arkansas Municipal League Attorney John Wilkerson who was unable
to attend the November 20 council meeting.
The shooting
occurred Saturday, September 8, 2012. It was investigated by the
Arkansas State Police.
According to the
state police report former City of Alexander Police Officer Nancy
Cummings encountered Carleton Wallace walking on Brookwood Road
around 4:30 PM. Cummings told State Police she noticed Wallace
carrying a pistol tucked in his pants and that he threw it into the
woods when he saw her. While attempting to arrest him and search him
for weapons, Cummings says her service weapon she had been holding
discharged. Wallace was transported to Saline Memorial Hospital
where he was later pronounced dead. Soon after the incident Cummings
resigned from the police department.
In January, 2013
Cummings was charged with manslaughter by Saline County Prosecuting
Attorney Ken Casady. A jury trial was held in October in which she
was found not guilty.
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.”
After the
recommendation to reject the offer Wren went on to explain that if a
jury ruled in favor of Wallace the financial judgment could be more
or less than the current offer. Alderwoman Juanita Wilson suggested
the council wait to see, “If a lower amount can be negotiated.”
Alexander Mayor Paul
Mitchell asked for a motion to accept the settlement offer. When no
one on the council offered a motion Mitchell ruled the offer as being
rejected.
Present at the
meeting were council members Elizabeth Bland, Joy Gray, Joe Pollard,
Harold Timmerman, Juanita Wilson. Absent were Dan Church, Melissa
Ratliff and Jeffery Watson,
In a somewhat
related matter, council members gave Mayor Mitchell approval to
remove the memorial cross that was placed along Brookwood Road near the
location where Carlton Wallace was shot. Mitchell said he has
received numerous complaints about the cross.
Mitchell noted that
the cross is on city right-of-way and if it was moved over it would
be on Saline County Water and Sewer property. He then quoted Arkansas
law § 14-301-101 - City council -- Powers and duties.
He said, “The city
council shall: ‘Not may … shall, and we all know what shall
means,’ (1) Have the care, supervision, and control of all the
public highways, bridges, streets, alleys, public squares, and
commons within the city; and (2) Cause those public highways,
bridges, streets, alleys, public squares, and commons to be kept open
and in repair, and free from nuisance.”
“I get enough
complaints, it’s a nuisance,” he said.
In a unanimous voice
vote council members gave Mitchell permission to remove the cross.
In other actions
during the November 20 meeting:
In
a voice vote council
members gave preliminary approval of the vote count on the recent
sales referendum, which passed 59 to 55. Mitchell said Saline County
hasn’t finalized the results for the city to approve, but the state
needs the city to accept the vote so the treasurer’s office can
start it’s end of the process.
Mitchell explained
the steps involved after a successful election. Under state law there
is a 30-day waiting period after the election to allow anyone to
contest the results. Once the vote count is accepted by the county
and city, and no one contests the election, the state begins the
process of notifying all businesses affected by the sales tax. Also,
Mitchell noted that a new tax always starts at the beginning of a
quarter so the additional one-cent sales and use tax probably won’t
start until April 1.
With
another voice vote council members approved allowing Pac-Van
to expand onto two-acres of land behind the Citgo at the I-30
interchange. Pac-Van is currently at 100 Cornerstone Road in
Alexander. Sales Representative Rick Brewer told Council members
Pac-Van will also be moving its operation from Mabelvale to
Alexander.
Mayor
Mitchell reported that the state still has not transferred the Human
Development property to the city. The council has already voted to
accept the property, as required by the state. It’s now up to the
state to decide if it wants to relinquish ownership.
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 Municipal Complex. The public is
invited to attend.
This comment has been removed by the author.
ReplyDeleteTHE MAYOR OF ALEXANDER, ARKANSAS, PAUL MITCHELL, IS THE WORST EXAMPLE OF A CITY MAYOR THAT I HAVE EVER WITNESSED...
ReplyDeleteAND THEIR POLICE FORCE NEEDS TO BE REMOVED COMPLETELY BEFORE A MEMORIAL FOR A FALLEN CITIZEN WHO'S LIFE WAS TAKEN IN THEIR HANDS! THE OFFICERS THAT ARE EMPLOYED BY THAT CITY ARE STALKING, NOSY, HARASSING TERRORISTS IF YOU ASK ME! THEY SHOULD MIND THEIR OWN BUSINESS AND LET PEOPLE BE!NOT TO MENTION THE MAYOR'S LOVELY WIFE WHO WENT TO PRISON FOR DRUGS!THEIR PRIORITIES ARE WAY OUT OF WHACK!
I guess you are an authority on your many crude and bitter comments. Let's face it, you have no idea what you are talking about. Mayor Mitchell isn't the enemy here, nor are the police, nor is Mrs. Mitchell, who I add is a fine first lady. There is no enemy; unless you are declaring yourself as one. The article above cites state law, communities cannot usurp state law. Take it or leave it, the city easement was in question. The community has been lax and patient, understanding the emotions of the family, who removed their memorial long ago. This current one was placed by a friend of Wallace's (apparently a friend) who happened to place it in the wrong place. She is certainly able to place it on her own property, but no one, not even the mayor can place personal things on city easements. They are obstructions and the law protects the right of a city to mow, clear ditches and use the easements for conveniences like utilities, etc.
ReplyDeleteName calling and objectionable remarks are simply a character flaw. Mrs. Mitchell hasn't hurt anyone, particularly not you. As her friend, I recommend this as an insult to her and to the Mayor and to all citizens who care and respect them. So, just BACK OFF.
Ok I am his friend that put this cross up 5 yrs ago. And nothing has ever been said about it until now. So let's just put the truth out there things have been coming up missing off of this cross for a couple months and I drove by the other day and see to men from the road department city of Alexander removing Halloween decorations. So I called the mayor Paul Mitchell and was speaking to him about these men removing these items that's when he told me that the cross was a problem to the bus drivers at Bryant School District to the kids and it was an eyesore to this neighborhood. And I called the highway department asked him what I needed to do and they told me I needed to put in a request for the rules and regulations of putting a monument on the side of the roads in Alexander. So I did that and the next thing I knew they had a council meeting and the cross was coming down. Please let my best friend Carl Wallace rest in peace don't know you are wrong for this and it's a bunch of BS.Thank you Melissa Black
ReplyDeletemiss black, as a new person here who likes what I have seen done, you need to look at laws, and you will see that no city allows any such stuff, on street easement, so the mayor and council were correct in removing it. I saw it several times and it was a large, very garish, and it had stuff that had been left that was overly adorned, and adornments were left so long that they looked trashy, and I even complained when my children came and asked me what that mess was, so I am one who objected to it. If u want to memorialize your friend put it on your property!
DeleteApparently, she has. Now anyone on Mountain Drive or Hilltop Manor will see it every time they drive to and from West Azalea. Considering his reputation it makes you wonder about his "friends."
DeleteMr quick fix,as a new person you may like what you have seen done. But I been here since 1984 I have seen good and bad. But just so your own researh. But if the city don't allow it you tell me why it stayed there 5 yrs till the road dep got caught taken stuff off it.i called the mayor just to talk to him and he won't to b rude.but it's ok it on my property now.but if you like what you see do some research on Paul Mitchell's wife I believe she went to jail for possession of controlled substance that was me on the roster. But who our y'all to judge any one.if you don't like it in my yard and we all no it's a dead end. So move.
DeleteMhck52, yes it's in my yard. Who you to judge. Y'all don't even no Carl. Since you worndering about Carl's friends and there reputation. I think you should be worried about your mayor and the fine first. I think she was busted at McDonald's for meth. And not too long ago I think the water guy bob mcquen was on same roster.
DeleteFor the new arrivals, & those who may have forgotten, we need a history lesson here. What is now known as South Alexander was Woodland Hills until it was annexed into Alexander in 2006. So we who live in this area have only lived IN Alexander since 2006. Until then we lived in the county.
DeleteThe shooting was in Sept. 2012. Paul Mitchell was in the 2nd year of his 1st term as mayor & facing a recall election because he defeated the queen. As a side note, in 2011 Mitchell fired Police Chief Horace Walters. He was reinstated by the council in a 7-1 vote. If the council had kept their collective noses out of the mayor's business, like they did the previous mayor, your friend might be alive today.
Mitchell lost the recall. The council replaced him with City Recorder Michelle Hobbs in Dec. 2012. She remained mayor until she lost to Mitchell in the Nov. 2014 election. He again became mayor Jan. 1, 2015.
He & the council spent the next 2 years reversing the aftereffects of the Michelle Hobbs regime. They made the city financially stable, rebuilt the fire & police departments, & the city can now provide city employees access to health insurance.
Just when everyone thought the city was on the downhill side the state audit for 2014 showed under Mayor Hobbs the police fund didn't get all its sales tax revenue & the general fund borrowed money from the park fund. Hobbs also gave herself $1,600 & a 25-cent per hour raise to the bookkeeper, all without council approval of course. Let's face it, a cross on the side of the road was the least of their concerns.
It's only been this year the city hired a street dept. supt., mainly because the city can afford one now. Also the mayor has retired from AT&T. Imagine what can get done with him in the office all day.
BTW, the middle of the ditch may not be your property.
As I said above, putting the cross in the middle of the ditch may not be putting it on YOUR property. Ditches are usually maintained by the local government. Depends on the location of the property line.
DeleteYou're right. We didn't know Carl. There's probably a reason for that.
As for the mayor's wife, that's in the past; as the Democrats like to say. It hasn't stopped him from getting the job done.
As for Bob Mcquen (or Bob McKeon, as he's known by the rest of us), he's not the city's problem. He belongs to the water district and that's a different issue.
A couple of things.
Delete1.What in the world does Mrs. Mitchell have to do with the demise of Carlton Wallace?
2.RULES AND REGULATIONS: The only reason to issue rules and regulations is to regulate the permits. Since easement use permits don’t exist; it is quite likely there are none.
3.To be honest I didn’t know Carlton Wallace, never met him, didn’t travel in his circle and was not a customer. So I make no claim on his character.
yes sir it does make one wonder, as I was told more about him! I wonder if this is the M black who had a mugshot on Saline County last week, as I have a friend who works at detention center!
ReplyDeleteFrom what I've been able to determine you are correct about the mugshot.
DeleteThat's why the citizens of Alexander pay the police to be 'nosy.'
ReplyDeleteWe all need to realize that name calling isn't nice, even if it is well deserved.
ReplyDeleteAdditionally; we all need to realize our rights end where someone else's begins. Since we are arguing the easement, NO ONE individual has rights to public easements. If your property line includes an easement, and about all in Alexander does; you can expect anything erected there - temporarily to be removed and not replaced: or permanently to be ordered to remove it permanently. It's not only the law, it encroaches on the rights of others.