High Emotion: August Quorum Court OKs Reallocation Vote
Emotion ran high at times during the lengthy discussion on the tax reallocation proposal for the November ballot sponsored by JP Steve Goode (R, Dist. 3) at the August 18 Quorum Court meeting.
As they considered the reallocation and its potential impact on the four County financial needs involved, some JPs described threats made to employers, and to mayors and school district superintendents in the County about never paving roads again should the Roads Department be denied any of its current funding.
JPs eventually voted to put the item on the November ballot in Faulkner County, with all the Republican JPs voting for the proposal and both Democrat JPs opposing it. JP Justin Knight (R, Dist. 1) abstained from voting on the issue.
At the August 18 meeting the Court also approved the revised animal control Ordinance 20-20 with an emergency clause so it takes effect immediately, then moved quickly through their other agenda items.
Monthly Reports
Opening the meeting, County Judge Jim Baker called for county officer reports after the Court approved the July Journal.
Treasurer Report
County Treasurer Scott Sanson began with the “big 5” county revenue fund totals as of July 31, as he reported to the Budget & Finance Committee:
County General (fund 1000): $3,006,927
County Road (fund 2000): $4,355,720
County Road Sales Tax (fund 3402): $1,552,477
Animal Control (fund 3404): $1,666,215
Criminal Justice Sales Tax (fund 3407): $939,410
Echoing his earlier remarks to the Budget Committee, Sanson reported “we’re slightly above where we were last year which, through this mess, is awesome at this point.”
He said July sales tax revenue totaled $892,408 — 13.04% higher than July, 2019 — and overall “we’re 7.2% above where we were at this time last year.”
He pointed out that the monthly reports now show split-out totals of County and city jail fines, as the Budget Committee agreed to at their August meeting. He will provide updates on 2019, 2018 and possibly 2017 figures, as well, after he compiles the split-out totals.
County Clerk’s Report
As usual, County Clerk Margaret Darter said her reports “are in the book.”
Sheriff’s Report
Sheriff Tim Ryals gave July numbers for the Sheriff’s Department:
Average head count, Unit 1: 102 (capacity is 118)
Average head count (male), Unit 37 (capacity is 218)
Average head count (female), Unit 2: 40 (capacity is 88)
Average head count (juvenile): 6 (capacity is 16)
Inmate intakes: 244
Inmate releases: 207
Total dispatch calls: 2581
Total calls to Sheriff’s Office: 2024
Calls for Service per Deputy: 81
Violent crimes/domestic: 84
Thefts/criminal mischief: 95
Animal calls: 61
Animal Citations: 21
Animal Warnings: 2
Criminal investigations Opened: 75
Criminal investigations closed: 28
Transport: 92 trips, 97.25 hours, 4,024 miles, cost $3,670
Circuit Clerk Award
Baker announced that Circuit Clerk Crystal Taylor “was recognized by the state of Arkansas for the job she does in her office and all,” and asked Taylor to update the Court.
She told about the statewide data quality award — one of only twelve in the state — given to her office by the Arkansas Supreme Court for cleaning up the databases so more cases recorded in the system can be closed.
Committee Reports
JP John Pickett (D, Dist. 11) said the Budget & Finance Committee “has two ordinances” for the August Quorum Court to consider.
JP Randy Higgins, Chair of the Courts & Public Safety Committee, reported that his committee had updated the animal control ordinance and forwarded the request for additional funding for the spay/neuter program to the Budget Committee.
“Only One FOIA”
He discussed the last meeting of the Arkansas Association of County Quorum Courts (he’s Faulkner County’s representative) where he was “appointed to serve on the Arkansas Association of County’s Legislative Committee.”
He said he learned “there’s only one FOIA in the state of Arkansas and we’re all held accountable.” The group had studied the way “the state Legislature in little Rock conducts business a little different than we do,” he said, adding that his AAC committee had recommended a legislative solution but “it was killed.”
Knight, Infrastructure Committee Chair, said they had heard a “mid-year review from Mr. Ledbetter … a report on all the culverts, bridges … roads … and then the future plans for the rest of the year.” He added that the Infrastructure Committee wants to see the levee repairs made after the last year’s flood; Baker agreed to work “with the Levee Board and we’ll try to coordinate” the tour.
(Higgins’ suggestion from the June 9 Courts & Public Safety Committee meeting to add a Buildings & Grounds Committee to the Quorum Court has not yet been discussed at an Infrastructure Committee meeting.)
Reallocation Ordinance* and Resolution
The Court then considered both an Ordinance and Resolution concerning the reallocation of the existing Roads-Criminal Justice half-cent sales tax they had discussed at the August 4 special Quorum Court meeting.
The Ordinance levies the tax, and the accompanying Resolution contains the ballot title and calls for a special election on November 3.
Goode outlined his final reallocation proposal:
Change the current half-cent 50/50 Roads-Criminal Justice tax to a 60/2.5/2.5/35 split with
♦ 60% for Criminal Justice needs;
♦ 2.5% for Animal Control “operational and personnel expenses;”
♦ 2.5% for the 911 Program to offset regular, costly upgrades; and
♦ 35% for the Roads Department.
Pointing out the longstanding differences in funding for the Roads Department and the Sheriff’s Department, he said
We have lived with a penthouse budget for our Roads Department for years while our Sheriff lived with an outhouse budget. And the reality is, I don’t expect a penthouse budget for the Sheriff, but I’d sure like for him to be in the same hotel!
Ordinance Passed, Party-Line Vote
After some emotional moments and adjustments to both the Ordinance and Resolution, the Quorum Court passed both straight down party lines with Republicans voting “yes” and Democrats JP Tyler Pearson (D, Dist. 7) and Pickett voting “no.”
Goode estimated that, in round numbers based on current revenue, the proposal could result in annual revenue of
♦ $6,000,000 for Criminal Justice (an increase of $1,000,000);
♦ $250,000 for Animal Control;
♦ $250,000 for the 911 program; and
♦ $3,500,000 for the Roads Department (a decrease of $1,500,000).
County Attorney Phil Murphy repeatedly warned the Court of the “delicate nature” of bringing a reallocation issue to the voters. His legal review plus opinions from “tax expert” Ryan Bowman from the Friday firm caused the Court to adjust and delete some problematic legal citations of Arkansas law in the Ordinance.
Later, JP Rose Roland (R, Dist. 5) noticed the problematic language was still present in the Resolution, after which it was deleted from the Resolution by amendment.
Knight Abstains
Knight abstained from voting on reallocation matters, he told the Court, “due to a potential conflict of interest with family members who work for Rogers Group.”
(Knight also did not vote on the revised animal control Ordinance 20-20 later in the meeting. See our August 19, 2020 editorial.)
Pearson Questions
Pearson sparked one of the more emotional moments when he accused the Sheriff of being “unaware” of and refusing “to offer up” an existing “radio fund” with a $240,000 balance that Ryals and Sheriff’s Department Fiscal Officer Angie Wooley said was reserved to pay for radio equipment in case of failure.
He repeatedly asked whether the Court had “considered the impact on the Roads Department” if reallocation were to pass, citing the need for emergency funds from the Roads Department so Faulkner County could respond and rebuild after disasters like the 2011 and 2014 tornadoes, floods, and the Mayflower oil spill. However, Goode reminded the Court that FEMA “typically steps in” to assist communities with such major disaster situations.
“Robbing” the Roads Department?
Seemingly frustrated, Pearson asked
I’ve heard quite a bit of discussion about the Sheriff’s office needs … but what I haven’t heard from many folks is ‘Why is this the right way to do it?’
Why is robbing the County’s infrastructure funds — which you know isn’t just about having a smooth road to drive on, you know it’s about economic development, it’s about public safety, it’s about growth in our County….
By my estimations .. this is at least a million dollars a year. And I can’t imagine that would not have a dramatic impact for Faulkner County.
I don’t see how that would be a good thing to throw away our rainy day funds for emergencies to take care of large projects that we need when opportunities arise to help these smaller municipalities. You know, jobs and roads … it’s important….
Mayors Present But Silent
Even though Faulkner County mayors were present, none of them spoke at the meeting, although several individuals did speak who support the Sheriff’s Department’s needs for additional funding.
“Threats” Made
JPs also remarked about “threats” they’ve been asked about, saying employers, school superintendents, and at least one mayor had been told the County “would never again be able to pave another road or help them out” again if the reallocation were to pass.
JP Andy Shock (R, Dist. 10), who served in 2012 as Sheriff and has over 16 years of service in the Sheriff’s Department, told Baker,
… And it did not come from you, Judge, and you know it didn’t. But it comes from the camp…. It’s sad to me that you’ve got all these folks lined up, throwing up every roadblock possible — every roadblock imaginable — to try to go against this Ordinance….
When there’s a lot of money involved, that’s when things get really complicated and you got to think about what your motivation is. A lot of people, motivation is money. A lot of people’s motivation is getting re-elected. A lot of different motives.
The only motive that I have is rewarding our law enforcement officers with what they have been deserving for a long time.
Ordinance 20-19
The Court moved through the remainder of the agenda rapidly.
The routine appropriation Ordinance 20-19 passed unanimously by roll call 13-0. (See our report on the last Budget & Finance Committee meeting for details.)
Animal Control Ordinance 20-20 Passes
Higgins pointed out the changes in this emergency Ordinance, saying the wording “has been cleaned up” and fines for first offense “were reduced while we increased others.”
After Ryals told the Court the Sheriff’s Department doesn’t currently have the training or equipment to handle vicious dogs, Boyer again mentioned a possible agreement with Mayflower Mayor to have Mayflower take that responsibility.
He reminded the Judge — as he’d done several times during the meeting — that any such arrangement means “the Judge must contract” to finalize the details (“handling” vicious dogs is part of Ordinance 20-20).
However, Baker said, “We don’t need a contract,” and moved on to a roll call vote.
While 11 JPs could be heard voting “yes” and Knight voted “present,” no verbal or visual response from Pickett was available on the meeting video.
Transparency Ordinance 20-21: Boards & Commissions
The Court heard the first reading of a transparency Ordinance sponsored by JP Kris Kendrick (R, Dist. 9) that would require the County to post all details of Boards and Commissions in one place on the County website, including at least who’s on the Boards, the terms of office, qualifications, and who nominates the various members.
The Ordinance is a result of confusion over the recent appointment of an Equalization Board member when some JPs learned that the position’s qualifications and requirements to post the open position (seek a candidate) were not readily available to the public.
Boyer asked, “Isn’t it already on the website?” and Kendrick said the information is sporadic and not collected in one place, making it difficult to find.
The Ordinance will be read at two subsequent Quorum Court meetings before it can be voted on.
Announcements
Baker announced a County-wide 911 event and the upcoming ballot draw and Election Commission meeting on Friday, August 21.
After a lengthy three hours, the August Quorum Court meeting then adjourned.
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* County Clerk Margaret Darter’s August 14 meeting notice contained two sets of reallocation documents:
♦ Proposed Ordinance 20-22 “Levying Ordinance 75 percent” and
♦ Proposed Ordinance 20-23 “Levying Ordinance 60 percent.”
When the Court took up the “levying Ordinance” at the August 18 meeting, Darter told the Court they were deliberating Ordinance 20-24.
However, after the vote was called on the Ordinance, Darter said “Before ya’ll vote, can I ask you if you will change the Ordinance number to 20-22? … I was confused about what the attorney was trying to explain.”
This triggered a third amendment to the Ordinance to “change the Ordinance number from 20-24 to 20-22,” which was approved unanimously in a voice vote.
Videos edited from original video on Faulkner County’s YouTube channel.)
Visit Faulkner County Reports on YouTube for more videos and video excerpts from this and other County meetings.
