Greers Ferry Councilmen get advice

Greers Ferry City Council held a special meeting January 24 to discuss seven items on the agenda. Correction, make that eight; Mayor Don Ware asked councilmen if it was okay to add Municipal League Attorney Mark Hayes… there was no objection.

Hayes manages operations of the legal department staff for the Arkansas Municipal League. The department has a staff of 14 and handles caseloads for the League and its optional programs. He oversees litigation and legal consultation for its members.

Hayes introduced himself and wanted the councilmen to allow him to informally review how meetings are to be run and what the meetings are for so everyone understands the same rules. In a humorous factual dialog he began telling the council that American government is about debate, not how many votes it would take to defeat something. For example, a councilman would give reasons money should be spent one way, another councilman disagrees. Debate the issue, not the person. A vote is taken and you live with the majority rule.

Hayes told the mayor and councilmen that he couldn’t help them get along. “You may not even like each other but as the city’s attorney we don’t take sides; we are looking out for the city,” he said. Hayes asked the councilmen if there was any specific problem the city was facing he could discuss directly and answer their questions; no one spoke up.

Hayes continued his dialog telling councilmen a meeting is only legal when you have gathered to conduct city business and when you have a minimum of four councilmen in attendance. A special meeting may be called by the mayor or a minimum of three council members. The press has to be notified at least two hours before the meeting.

In a series of examples he drove the point home on how many votes it takes to pass an issue legally. Hayes said the mayor can vote if an issue is necessary for passage. The mayor counts as part of the quorum. “Very unique in Arkansas,” said Hayes. He also mentioned the mayor has both legislative and executive power. The mayor is the Executive Branch of the city government, the CEO 24/7. The executive branch is the part of government that has sole authority and responsibility for the daily administration of the city. Councilmen are the legislative branch of city government. Hayes told council members to function in their roles to reduce personal liability or litigation, that they have legislative immunity.

The councilmen are empowered to make the laws that are then enforced by the executive branch and interpreted by the city attorney. Hayes suggested reading the ordinances three times to inform the public in attendance on what’s going on. “Emergency clauses are for emergencies,” he said. “They are not convenience clauses so state the reason for the emergency.”

 Hayes again asked if there were any issues he could address. No one spoke up.

Hayes said executive sessions can be called; he told councilmen who could be in those sessions and who could be asked into those sessions and said, “Executive sessions will be permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee. That’s it. The specific purpose of the executive session shall be announced in public before going into executive session.”

Hayes said the mayor appoints and removes all department heads; council can override the decision with a majority vote. “Who can fire non-department heads depends on the policy you have in writing,” he said. “Decide who will decide in writing.” He went on to say the most important duty of the council is to “make local laws, ordinances, resolutions and statements of intent and set policy. Put it in writing. If you do that consistently in legal meetings it’s easy to pass and easy to remove it. Don’t let issues stew and go on and on and on. Are there any problems here I can address?” There was silence.

Then Mayor Ware spoke up with concerns about Judy Triplett being used as an Administrative Assistant and the Court Clerk. Who supervises her?  Who should pay her salary? Who decides if she does a good job or not as administrative assistant? Can the city fire her? Hayes told the council to put it in writing what her role is and who will supervise her as Administrative Assistant.

Another issue came up about a gun purchase. Councilman Thornton asked an employee at a local hardware store who from the city had purchased the gun. What seemed to be a simple question from Thornton turned into several days of phone calls to and from him about denial of ordering or purchasing a gun in which Thornton had documented every call. “All I asked is who purchased the gun” said Thornton.

Police Chief Teagus Majors said he ordered the gun without discussing it with City Treasurer Treva James or the mayor about his intent. When Thornton asked the mayor and Treva who ordered the gun they did not know either adding to Thornton’s frustration. The gun was in the budget under capital expenses for the police department which wasn’t the problem.

The main problem was no communication on the process in which it was done. The council approved the purchase with Thornton voting No.

Mayor Ware and James apologized to Thornton for any possible misleading of the facts. James told Thornton and all councilmen the door is open if they want to come in and go over the budget.

“The mayor can spend the money because the council approved it,” Hayes said. “If the council does not like it, take the budget back and amend it to include line items for each purchase instead of a lump sum.”

Councilman Randy Carr asked Hayes was it possible for the mayor with his $1,500 spending limit to go business to business spending his limit each time? Hayes said yes he could, but the problem for the mayor in doing that would be facing the council in the next meeting. Mayor Ware said that he has never done that, going business to business spending money like that. Councilman Carr reminded the mayor he had done that with a couple of purchases of culverts that exceeded his spending limit in which the mayor admitted he did.

“Put a thumb on the spending and limit the amount the mayor can spend,” said Hayes. Hayes told the mayor if he has four councilmen against him all the time that he’s not doing his job. The council left the spending limit the same.

Hayes continued saying the budget for the city is $750,000 or so. “That’s a lot of money but this is not New York City and it shouldn’t be that hard to conduct the city’s business.”

The councilmen discussed a cable purchase the mayor made for the parks and recreation department and cited the lack of communication with the council or the department head. “That’s the problem,” said Councilman Carr. He told the mayor the council usually approves everything he asks for, “just be upfront with us so we don’t have to wonder what you’re up to behind our backs.”

With that being said, Hayes’ mission was accomplished85 minutes later, telling the councilmen to feel free to call him as he left city hall, at 6:55 the mayor started on the special meeting agenda.

Street Department Supervisor Jackie Finch gave the council an update on the FEMA roads. Todd Davis Subdivision roads are the only ones left to be completed. Councilmen approved the use of prisoners to perform general labor on FEMA roads. The mayor assured the council they would be well supervised. “All the city has to provide is a meal and leather gloves,” he said.

Council members will begin formulating their goals for each new year along with the mayor’s annual state of the city. The mayor’s deadline for his report is March 2012. A monthly agenda format will be developed for each meeting allowing for the public to speak giving future meetings a structure to follow. Mayor Ware was told no when he asked the council for approval to purchase a $300 dunking booth.

Councilman Carr proposed using purchase orders for every purchase. The council initially liked the idea but tabled it for further review and development of possible exclusions.

Greers Ferry City Council meetings are held every second Tuesday of the month at city hall. The public is invited to attend.