Alexander mayor forgets how to veto a vote

City of Alexander Mayor Michelle Hobbs tried to claim she vetoed a vote taken by the city council in May accepting then City Attorney Carla Miller's resignation "effective immediately." At the May 19 meeting Hobbs did say she was vetoing the vote during the meeting but at the council's regular June 16 meeting Alderman Andrea Bearden asked her to produce the document required to veto a council's vote. She couldn't.

Originally Miller submitted her resignation in April, "to become effective no later than July 1, 2014." On May 27 Miller sent a revised resignation letter by e-mail to Mayor Hobbs and city aldermen making it "effective immediately" which changed the date of her resignation from July 1 to May 27. During that week she wrapped up some legal matters and has since billed the city. Apparently Miller was under the impression the council's vote had been vetoed.

During a testy back-and-forth between Hobbs and Bearden, at the June 16 meeting, Bearden told Hobbs since the Mayor did not follow state law to enforce the veto that means "there is no veto" and Miller shouldn't be paid for any work done after the council's May 19 vote accepting her resignation.

Under Arkansas law a mayor has five days to veto an "ordinance, resolution, or order" passed by a city council. The veto must be in writing stating the reason for the veto. It must also be signed and dated by the recorder, in a city of the second-class, or city clerk. The council is then given the opportunity to override the veto by a two-thirds vote at the next regular meeting.

Hobbs eventually ended the discussion saying she would check with the Arkansas Municipal League (AML). One of the AML attorneys, David Schoen, sat silent in the audience during the veto discussion.

This is not Hobbs's first veto. In February, 2013 she enacted two vetoes involving council appointments to fill a vacancy on the council and the recorder's position. In January, 2014 she vetoed two votes by the council, one a spending freeze and another that redistributed sales tax revenue. Both of the January vetoes were overturned.

At a special meeting held Tuesday evening, June 24 Kevin M. Lemley was appointed as the new city attorney for the City of Alexander. The appointment was approved in a five to three vote of the council.

Alexander aldermen select city attorney at special meeting

Kevin M. Lemley has been appointed as the new city attorney for the City of Alexander. The appointment was approved in a five to three vote of the council at a special meeting held Tuesday evening, June 24.

Attending the meeting and voting for the appointment were aldermen Andrea Bearden, Farren Wadley, Juanita Wilson, Faye McKeon, and Lonny Chapman. Because aldermen Ceola Bailey, Sam Gregory and Brad Scott were absent they are counted as "no" votes.

Also absent were Mayor Michelle Hobbs and Recorder Sharon Bankhead. The council voted to appoint Alderman Wadley to serve as acting mayor during the meeting and also voted to appoint Alderman Bearden as acting recorder.

Four attorneys submitted proposals to the city stating their qualifications, three included fee schedules. Two of the attorneys attended the regular council meeting held June 16; Lemley and Kimberly Eden. Both attorneys were interviewed during that meeting.

Eden did not provide a fee proposal. She did offer to work for "whatever is left in the budget."

Both attorneys were asked to submit a fee proposal and e-mail it to the mayor. The mayor was to forward the proposals to council members.

During the discussion phase of the meeting Alderman Faye McKeon reminded the council they voted against a motion to appoint Kimberley Eden at the June 16 meeting.

"Why are we giving her a second chance to give us a proposal," she said.

In his proposal Lemley said, "For the remainder of 2014, my fee is a flat fee of $6,500 from the beginning date of service through December 31, 2014." ... "Beginning January 1, 2015, my fee is a monthly rate of $2,450 for all City business other than litigation."

Former city attorney Carla Miller billed the City $4,973.30 just for services rendered between March 26 and April 25.

Under both cost proposals Lemley states, "This amount includes service for all City business other than litigation" but does "include monitoring litigation being handled by other attorneys."

If Lemley represents the city in a lawsuit in 2014 or 2015 he will charge $140 per hour as lead attorney or $70 per hour if he serves in a secondary role. Another option is "a flat fee that may be mutually determined according to the type of litigation."

Eden did not submit a written fee proposal.

Lemley has been practicing law since 2005. He's defended class-action law suits in both state and federal courts when he was an associate with the Allen Law Firm, P.C.; was a staff attorney for the Arkansas Public Service Commission; and advised government agencies regarding compliance with various state and federal regulations when he was a counsel with Mitchell Williams. He now has his own practice, Kevin M. Lemley, P.A. in Little Rock. He also recently settled a lawsuit in which the opposing attorney was Arkansas Municipal League attorney John Wilkerson.

Before receiving her law degree in December, 2011 Eden worked for the Arkansas Fair Housing Commission and the Law Offices of Gary Green (Personal Injury and General Practice). From 2012 to 2013 she was with Hosto & Buchan, P.L.L.C. practicing debt collection law. Currently Eden is an attorney with the Hoskyn Law Firm practicing family Law, probate, estate planning, and general practice.

The appointment came as the result of former city attorney Carla Miller resigning. She submitted her resignation after the April council meeting and it was "to become effective no later than July 1, 2014." The council voted at its May 19 meeting to accept her resignation "effective immediately."

At the May 19 meeting Hobbs said she would veto the vote to accept her resignation but at the council's regular June 16 meeting Alderman Andrea Bearden asked her to produce the signed document required to veto a council's vote. She couldn't.

On May 27 Miller sent a revised resignation letter by e-mail to Mayor Hobbs and city aldermen making her resignation "effective immediately" which changed the date of her resignation from July 1 to May 27. During that week she wrapped up some legal matters and has since billed the city. She apparently was under the impression the veto was in effect.

During the June 16 meeting Bearden told the mayor if there's no veto the city doesn't owe Miller for any work done after May 19. Hobbs ended the discussion saying she would check with the Arkansas Municipal League (AML) about the veto. One of the AML attorneys, David Schoen, sat silent in the audience during discussion of the veto.

The special meeting was called by aldermen Bearden, Wadley and Wilson. In the meeting announcement the aldermen stated they wanted to comply with the mayor's sense of urgency to appoint a new city attorney and to have a new attorney in place for the next regular meeting, July 21.

Alexander aldermen call special meeting to appoint city attorney tonight

A special meeting has been scheduled for 6 PM at city hall Tuesday, June 24 by City of Alexander aldermen Andrea Bearden, Farren Wadley and Juanita Wilson. The purpose of the meeting is to appoint a new city attorney. The public is invited to attend.

Four attorneys submitted proposals to the city stating their qualifications, three included fee schedules. Two of the attorneys attended the regular council meeting held June 16; Kimberly Eden and Kevin M. Lemley. Both attorneys were interviewed during the regular meeting.

Lemley has been practicing law since 2005. He's defended class-action law suits in both state and federal courts when he was an associate with the Allen Law Firm, P.C.; was a staff attorney for the Arkansas Public Service Commission; and advised government agencies regarding compliance with various state and federal regulations when he was a counsel with Mitchell Williams. He now has his own practice, Kevin M. Lemley, P.A.. He also recently won a lawsuit against Arkansas Municipal league attorney John Wilkerson.

Before receiving her law degree in December, 2011 Eden worked for the Arkansas Fair Housing Commission and the Law Offices of Gary Green (Personal Injury and General Practice). From 2012 to 2013 she was with Hosto & Buchan, P.L.L.C. practicing debt collection law. Currently Eden is an attorney with the Hoskyn Law Firm practicing family Law, probate, estate planning, and general practice.

Both attorneys were asked to submit a fee proposal and e-mail it to the mayor. The mayor was to forward the proposals to council members.

Former city attorney Carla Miller submitted her resignation in April "to become effective no later than July 1, 2014." At its regular monthly meeting, held May 19, the council voted six to two to accept Miller's resignation "effective immediately."

According to the meeting announcement the goal is to have a new attorney in place for the next regular meeting July 21. By state law no other city business can be conducted tonight except that which is posted as reason for the special meeting.