Shelly Davis resigned Tuesday afternoon as mayor of Greers Ferry after she plead guilty that morning to a felony charge of forgery and a felony charge of theft of property. The charges stemmed from a state police investigation that indicated she misappropriated money in regards to the City of Greers Ferry Tornado Victim’s Relief Fund from 2008.
With the plea agreement, Davis will be on probation for four years and must pay restitution of $2,143 to the relief fund and pay an additional $2,900 in court costs, fines, and administration fees. She must also perform 200 hours of community service work.
If she fails to comply with conditions of the plea agreement, the court can revoke the suspended sentence and enter a judgment of conviction against her and impose a sentence of 30 years.
After her guilty plea, she called a city employee meeting at 3 p.m. Tuesday. The council members were invited to attend if they desired to do so. In that meeting, she reportedly resigned her position as mayor.
After advising the employees of her resignation, she then, in succession, called in council members present at city hall one at a time to reportedly tell them about her resignation. The Sun-Times was notified of the meeting, but was not allowed to attend, which is a violation of the Freedom Of Information Act.
Davis’ husband, Larry, informed media present the meeting was not a public meeting and they could not go into her office. The Arkansas Press Association’s legal department said anyone that blocks a member of the media or public from attending a meeting that is or should be open to the public, whether an official of the city or not, is violating the FOIA.
A mayor and city council are not allowed to meet in succession to discuss city business, which would include the mayor’s resignation. The meeting should have been open to the press and public.
At an upcoming regular city council meeting, or specially called meeting, the council must appoint a replacement to complete Davis’ term.
The Arkansas Press Association said:
There isn't a specific statutory citation for this scenario because the FOIA (A.C.A. § 25-19-101 - 109 et seq.) itself creates a presumption that meetings of public employees, even meetings of private organizations that receive public funds, are to be open. Absent an exemption written into the Act (A.C.A. § 25-19-105(b)) or an exception created by other State or Federal laws, the meeting must be open to the public. In this case the issue is procedural: whether holding serial one-on-one meetings amounts to a "meeting" within the meaning of the FOIA. The Attorney General's Opinion I cited last night said that it was and must be open. No exemption or exception is involved.
