JPs OK Financial Ordinances & Hear Bill of Rights Ordinance
Faulkner County’s Quorum Court approved four financial Ordinances and heard citizen concerns about the proposed Bill of Rights Ordinance, along with a Judge’s proclamation about the Coroner’s office, at its March 16 meeting.
However, much of the meeting seemed plagued with confusion about Ordinances being considered, with constant questions and explanations about agenda documents distributed to JPs, ordinance numbers, and even, in one case, the attachments to an Ordinance.
Following continuing COVID restrictions, numerous attendees filled Courtrooms A and B, while JPs Justin Knight (R, Dist. 1), Tyler Pearson (D, Dist. 7), and Andy Shock (R, Dist. 10) attended online.
After JPs approved last month’s Journal, Judge Jim Baker first asked for County officer reports:
Treasurers Report
As he had reported to the March Budget & Finance Committee, County Treasurer Scott Sanson first reviewed February totals for the “big 5” County revenue accounts:
County General: $2,243,861
County Road: $4,350,897
County Road Sales Tax: $1,832,638
Animal Control: $1,727,080
Criminal Justice Sales Tax: $1,407,380
He said County General revenue “is coming in, in January, above every year for the last four … we’re in good shape here for revenue.”
He said sales tax for February was $1,052,913 — “the first month since the inception of the sales tax we’d be over a million dollars for the month.”
He added that sales tax is “up 7.79% vs. February last year, and for the year to date, we’re up 8.53%.”
County Clerk Margaret Darter, as usual, said her report was “in the book.”
No one was available to present the Sheriff’s report for February.
As Committee chairs gave a quick overview on their activities, Baker told Chair JP Matt Brown (R, Dist. 8) that he’d “noticed” the March agenda for the Infrastructure & Roads Committee.
Coroner Proclamation
Baker read his proclamation detailing the “excellent service” the Coroner’s office has performed during the 2020 COVID pandemic.
Ordinance 21-04
JP John Pickett (D, Dist. 11) moved to consider this 2020 Budget Clean-up Ordinance, with JP Randy Higgins (R, Dist. 2) providing the second.
Pickett pointed out that Section 2 — that was added into this Ordinance during last week’s Budget & Finance Committee meeting — “should be deleted” and that the Ordinance “in our book” still contains Section 2.
After JP Jerry Boyer (R, Dist. 12) asked if the Ordinance number should be “20-04” because that’s the title of the document attached to the meeting e-mail, County Attorney Phil Murphy attributed that problem to his “Scrivener’s error,” explaining “I still struggled to change to 2021…”
Never Voted On in Committee?
When JP Rose Roland (R, Dist. 5) pointed out that Ordinance 21-04 was “motion, seconded, and never voted on” by the Budget Committee, Murphy explained that
That was in error … however, as you know, an individual justice can bring any ordinance before the full Court. In this case, Justice Pickett has agreed to bring this Ordinance before the full Court for approval.
Higgins, “just because of the typo,” then moved to strike Section 2 and JP Kris Kendrick (R, Dist. 9) seconded. The Committee voted unanimously by voice vote to approve.
With no further discussion, the Committee voted unanimously by roll call to approve Ordinance 21-04, as amended.
Ordinance 21-05
Pickett moved to consider this Ordinance authorizing emergency (weather-related) pay for the Sheriff’s office, and Roland seconded; Murphy then read the Ordinance “by title only.
With no discussion, the Committee voted unanimously by roll call to approve Ordinance 21-05.
Ordinance 21-06
Pickett moved to consider this amended 2020 carryover Ordinance and Kendrick seconded. Baker asked Murphy to read the Ordinance by title only.
When Roland asked if the information in the Ordinance “is reflected in our budget books” the JPs received “today,” Sanson said it was not, “because it is not yet passed.”
He added
This carryover amendment looks a little different than I’ve had in the past and I’m going to get you another deal that says what the estimate was, and what the actual is. I’ll get you, obviously, two more sheets: one is the revenue section updated, and the other’s going to say,”Here’s what was anticipated, here was the actual.”
The way I did it this time … I gave you the 12/31 balance, showed you how much expense there was in Period 13, and then showed you what we’ll use as a carryover balance.
Baker asked, “Is, basically, the item Period 13 bills paid this year that were incurred last year, is that what we’re looking at?” and Sanson confirmed that.
He further explained, “That’s so we’re not spending our old budget, going against this year’s budget.”
Roland asked why the reserve still shows a “plus,” and Sanson said “we’re still over the 10% required.” He added the reserve stands now at “about $140,000 over the 10%” and estimated the current reserve at about 11%.
JPs unanimously approved the Ordinance by a roll call vote, after waiting for Pearson to get back into the meeting because his online connection had crashed.
Pickett reminded JPs that the Amended 2020 Carryover Ordinance 21-06 “becomes a part of our budget.”
Ordinance 21-07
Pickett moved to consider this amendment to the 2021 Budget, and asked that it be read by title only. He also explained one change:
The attached Exhibits A and B … the letters should be reversed. The correct Exhibit A is Exhibit B, so remark your Exhibit A as Exhibit B. Remark your Exhibit B as Exhibit A.
Higgins provided the second, “as amended.”
After Baker asked Murphy to read the Ordinance by title only, he continued
The reason for the change and the reason that, essentially you’ll be able — if this passes — to be able to put this in your budget book as it if were there originally is because of the carryover number has changed that we now have an ordinance on our books that exceeds the 90 allowable to appropriate. SO we need to reduce the appropriation just by a few hundred dollars in this particular fund, so the effect of this Ordinance is reducing the appropriation from $6,500 to $6,300.
Still confused, Roland asked which exhibit was the correct attachment, and Murphy said the “page with the red difference column” … is “what should go into your budget book.”
After further discussion, Darter explained that she would “adjust out those pages and then rescan it and … ask them to upload it to the website.”
When Brown pointed out that the difference “in red” denotes a negative number and said “that should actually be in black….,” Murphy agreed.
Ordinance 21-07, as amended, passed unanimously by roll call vote.
Ordinance 21-08
As Chair of the Courts & Public Safety Committee, Higgins moved to consider the Bill of Rights Ordinance 21-08, and Kendrick provided the second.
Baker asked Murphy to read the entire Ordinance, and noted that, with no emergency clause, the Ordinance will be discussed at this Quorum Court meeting and at the next two meetings.
After a lengthy reading, Baker turned the floor over to Higgins, who asked the Ordinance’s sponsor, JP John Allison (R, Dist. 3) to give more details.
As he did when introducing the Ordinance to the Courts & Public Safety Committee the week before, Allison explained that constituents had asked him to pursue the issue again, saying he wanted to “address the concerns of Faulkner County citizens about the assault on our Bill of Rights” and that full support of the U.S. and Arkansas Constitutions “should be publicly and firmly stated as a policy of Faulkner County.”
Rainwater: “Looks Good”
He said he adapted a sample Ordinance written by Mike Rainwater to include the Bill of Rights and to add Faulkner County’s name into the document. Rainwater — the attorney who, working via the Association of Arkansas Counties, advised Arkansas quorum courts on last year’s failed ordinances — said the Ordinance “looks good” and is constitutional, Allison said.
He explained the intent of the Ordinance is to affirm the Constitution and so does not include criminal penalties because he didn’t want it to be used indiscriminately against law enforcement.
He said enforcing such a penalty could be problematic if “County officials” designated as enforcers were to “abuse power.”
Allison added, “I don’t want to put that authority into any one person’s hand who would have the power to, basically, write citations and take out any grievances he had with a particular person.”
As he talked, he asked Murphy to “correct me if I am wrong,” and Murphy remained silent.
Explaining why he proposes an ordinance, Allison cited the Association of Arkansas Counties’ JP Procedures Manual, saying
‘A resolution may be used whenever the Quorum Court wishes merely to express an opinion as to some matter of County affairs, and the resolution shall not serve to compel any executive action,’ therefore, a resolution would not mandate the same respect of County policy as an ordinance.
Boyer was concerned the Ordinance would force “County officials and employees” to take some sort of oath of office, although the Ordinance contains no language that mandates such an oath. He added he would not “oppose or support” the measure at this time.
In between audio problems, JP Tyler Pearson (D, Dist. 7) questioned Allison closely about what was changed and what “Rainwater signed off on.” Pearson asked Allison if citizens could still sue for grievances “without this Ordinance,” adding, “So, it doesn’t actually change anything, it just shows support….”
Citizens Speak For & Against
When Higgins opened the floor for the public to speak, three Faulkner County residents spoke in opposition, while one spoke in support. Many remarks seemed centered around the 2nd Amendment and gun rights.
Scotty Keller of Conway spoke first:
This is what our country was founded on and I don’t understand why anybody would have a fault with reaffirming what our country was founded on…. given what’s happened in the last few months, this is really necessary so that we do the right thing….
We are under attack, and I feel like there are things happening right now, that all this says to the world is that Faulkner County stands this way.
Jared Fowlkes, from Allison’s District 3 in Faulkner County, revisited the “completely different” 2nd Amendment ordinance that JP Jerry Boyer (R, Dist. 12) on the Courts & Public Safety Committee moved to table last February to await an opinion from the Association of Arkansas Counties (AAC).
He said most supporters were not allowed to speak last year, and asked Allison to remove Ordinance 21-08 from consideration until last year’s proposal “can be publicly discussed and debated.”
“A Waste of Time”
Dee Sanders said the “whole discussion” of the “dangerous resolution with no impact on state or local law” was “a waste of our valuable time.”
Focusing on gun laws, she said the “effects of passing such a resolution is to undermine the rule of law,” would “foster distrust between law enforcement and communities,” and “confuse people into thinking they don’t have to follow gun laws and deter others from reporting individuals who may hurt themselves or others….”
Sanders serves as the secretary of the Faulkner County Democrats and was Kendrick’s opponent as District 9 JP in the November 2020 election.
Caleb Bryan, who serves as Chair of the Faulkner County Libertarian Party, said his “biggest concern is that, by JP Allison’s own admission, this Ordinance does not actually do anything new, does not provide any protections….”
He likened the Bill of Rights Ordinance to “trash ordinances …. when those things are violated, there’s a penalty involved” and said “some sort of penalty” should be included.
JPs Roland and Brown added their remarks in support of the Ordinance, with Roland saying the Ordinance
… is strictly an affirmation, a confirmation that this County supports what our Founding Fathers stated. I don’t believe we can compare our Constitution, our Bill of Rights to trash fines. I completely support Justice Allison’s endeavor to put a focus on some things that are going on …
I think, with counties across Arkansas supporting things of this nature, I do believe that can send a statement to our County government, our state government. This is a harmless ordinance, it truly is pointing out that we support our Constitution.
Brown spoke about the importance of the amendments in the Bill of Rights, tying back to historical events, adding “I think it’s sad that in this country we are in a position where we think that we have to explain and justify our rights. We shouldn’t have to explain why we have these rights….”
He said he disagreed with
… trying to justify the 2nd Amendment in term of militia…. Our Founders never wanted the people to be in the same situation with a tyrannical government…. it’s all about the individual rights…. Contrary to the commenters, I don’t think this is a waste of time now….
Brief applause followed Brown’s remarks.
Announcements
Reporting a vacancy on the Equalization Board, Baker said no applications have been received, and Darter explained the Board’s very active August-September meeting schedule.
After Anderson briefed the room on possible inclement weather, Baker reported that the Lollie levee “has been repaired,” and that Structurlam would be hiring on April 1. Higgins said the Arkansas Association of Quorum Courts meeting is April 17.
Baker then adjourned the meeting.
Videos edited from original video on Faulkner County’s YouTube channel.)
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