GARFIELD -- Mayor Gary Blackburn walked out of City Hall on Dec. 22, refusing to attend the special City Council meeting that evening or provide the financial documents requested by council members.
His action happened despite the fact that the City Council followed his advice on how to call the special meeting to comply with Ordinance 151 and a letter from city attorney Howard Slinkard that states the meeting was called correctly.
"I won't get them tonight, but I will get them to you. I value my time just as much as I value yours," Blackburn said.
When all four council members were seated to begin the specially called meeting at 6 p.m. to address the city's 2017 budget and review some of this year's financial records, the mayor read a portion of the city's ordinance and asked, "Have these provisions been met?"
Alderman Katherine Shook asked, "What does the city attorney say?"
Blackburn persisted: "Can you give me a document showing me a signed document? Follow your own rules."
At the regular December council meeting on Tuesday, Dec. 13, council members followed Blackburn's recommendation that they waive the rules set out in city Ordinance 151, which states that either the mayor or three council members, in writing, could call a special meeting. Council members voted to waive the rules, all voted in approval; then council members voted to call the special meeting, again with a unanimous vote in approval.
The mayor issued a "notice to veto" on Dec. 19.
Slinkard's letter, written in response to a request by Shook, states: "It is my opinion that the calling of the special meeting by the council was consistent with state law (Ark. Code Ann. §14-43-502(b)(2)(B)) and Garfield City Ordinance No. 151, adopted pursuant to the referenced code section."
"Mayor Blackburn, in his Notice of Veto, stated as his reason for the veto his belief that the purpose of the special meeting (as stated by the council) does not comply with the requirements of Section 1 of Garfield Ordinance No. 151.1. The question of whether or not the purpose of the special meeting addresses business that 'cannot be postponed' or 'affect a limited number of citizens' cannot be determined until such matters have been discussed. Therefore, it is my opinion that the special meeting may be held as called. Although I am of the opinion that the Mayor's veto is not effective, Ark. Code Ann. §14-44-107(b)(2)(B) provides that the council may override the veto by two-thirds vote of all alderman elected to the council."
For about 30 minutes, council members and Susie Morrison, council member-elect (who will take office Jan. 1), and Dale and Ellen King, former council members, both in the audience, discussed the meeting and how to handle the city business.
Alderman Dale Watkins noted that the person who had the "answers" to questions posed by city officials on the finances left.
"This is the same problem. A question is asked. A comment given. Another question ... sometimes an answer is given, a lot of times, no answer is given. This goes on for months," Watkins said. "If we're going to do it as a council, we need the questions answered."
Alderman Leonard Matthew said: "We make a budget ... it's got under my skin because it seems like the council here is trying to stay within this budget ... What has happened is let's say the mayor wants one of these ... and we say no ... and nothing is ever figured out. How much did this cost? We've only got 405 citizens ... it's got itself out of control. Like I tried to explain to the mayor, we got a budget, we can't afford no $64,000 tractor. Mrs. Carter (former alderman Malania Carter) explained it but the tractor was bought and the city council said 'No.'"
"That's where the budget gets out of control," Matthew said, referring to the mayor's purchase early in 2016 of a tractor for the city after several months of debate on the need for the tractor.
"He was within the budget with the tractor," Shook said, explaining that once the council allocates money into the budget, the mayor may spend as he sees fit. She had questioned he mayor and city attorney about the purchase and learned that because the money was in the budget, the purchase was legal. "What isn't OK is to overspend, and that's what happens every month ... It's supposed to be approved before it's overspent."
Alderman Terry Warren and Morrison both referred to a meeting called by Blackburn with them when "a lady in Little Rock" explained the city's finances to them. Warren said the city has a large amount of money in its bank accounts.
"If the feeling is that the city has a lot of money," Shook said, "then let's discuss it."
Matthew, who said he has a degree in economics, said the city has "a water system that is plumb shot."
Watkins, the senior member of the council, called the meeting to order at 6:30 p.m. and council members discussed the budget and made a list of questions for the mayor.
"We need to have a meeting with the mayor present," Warren said.
They agreed to hold another special council meeting at 6 p.m. Thursday, Jan. 5. All four council members wrote out their intention to meet and signed the notice, giving it to Warren to present to the mayor and city recorder.
General News on 12/28/2016