State law directs city procedures

— Questioning the city’s rules of procedure, resident Debbie Van Dyke addressed city attorney Howard Slinkard saying she had a concern about the September City Council meeting.

Not on the agenda, but allowed to address the council, Van Dyke told Slinkard that the Arkansas Municipal League requires a Council to adopt procedures by which to run meetings. She asked if Robert’s Rules of Order were followed.

“We’re directed by state statute,” Slinkard said.

“You still have to have procedures,” Van Dyke told Slinkard.

“At some point, there is supposed to be some documentation on how you’re supposed to run a meeting.

“It’s usually Robert’s Rules of Order,” Van Dyke persisted.

“Look at the definition. Abstention means a ‘no’ vote. I don’t understand how that was looked at as a yes vote.”

“I’m trying to get the facts,” she said. “What procedures do you use to run your meetings? Not what the law says ... what do you use to run your meetings ?”

“I don’t recall the council adopting any rules other than those specific to it,” Slinkard said, adding that he had been the city attorney for 38 years.

“I’ve worked in government all my life,” Van Dyke said, “so I’m quite aware of those.”

Slinkard said: “You can not adopt Robert’s Rules of Order as your rules of order because there are specific statutes which are contrary to it. You can not adopt your own rules and circumvent the statutes.

Very few cities use Robert’s Rules of Order.”

“I beg to differ on that, but we’ll go forward,” Van Dyke said. “In your opinion, what does abstain mean ?”

Slinkard said the word “in common parlance” means to not vote.

“Very good, thank you,” Van Dyke said, “so I don’t know how you got a majority out of a 2/2 tie at the last council meeting.

Slinkard explained that the vote was for a motion, not for passage of an ordinance, which passed 3/1.

Van Dyke also suggested the city adopt a policy regarding use of public vehicles.

“Just be sure the city vehicles are being used in an appropriate manner and not being abused,” she said, adding “that’s the way I’ve been all my career. If anyone wants me on a committee, I’m willing to help solve the problems.”

Later in the council meeting, Slinkard explained to council members that in a city of the second class, the mayor has a vote when it is needed to pass an issue for a majority. He said a three-fourths majority is needed to pass an ordinance, bylaw or resolution.

Also discussed was the possibility of increasing the number of council positions.

When the new census results are released, Mayor Crabtree said, the city may become a city of the first class. Slinkard said the council could look at redistricting wards, but must keep population within the districts as balanced as possible.

News, Pages 1 on 10/27/2010