Interim Earle mayor OK to attend budget meetings

Interim Earle mayor OK to attend budget meetings

Malone allowed to sit in as city plans 2017

news@theeveningtimes.com

Interim Earle Mayor Robert Malone can and will continue to attend and participate in budget hearings.

City Attorney Davis Loftin told the city council that he researched the law and found nothing preventing a mayor from being at budget meetings.

“Last week we met on the budget there was some question about the mayor being in the budget hearings with the city council and talking about the budget,” Loftin said. “(City Clerk Cynthia) Conner asked me if I would look at it and tell her if it is okay. I looked and as far as I can find it the mayor can and should be there to answer questions about how he came up with the budget.

So yes, it is my opinion he can be in the city council meeting when they discuss the city budget.”

Malone, who is also a city councilman, was appointed interim Mayor after former Mayor Carolyn Jones was recalled in November.

Earle has been holding budget meetings to set its spending plan for 2017.

Resident Frederick Pitch- ford, who sued the city last year over the budget, objected to Malone taking part in the budget hearings.

Loftin said he doesn’t have a specific code to back up his opinion, but said the law provides that the mayor must submit a budget and that the city council is the body who modifies, passes, or rejects the budget.

“I don’t have anything that says he can come in or anything that says he can’t come in,” Loftin said. “The mayor submits it and that doesn’t mean that he can’t be in there to talk about it and discuss it and go over figures with the city council. He’s not going to vote on the approval of the budget. That’s the city council’s responsibility. But discussing the budget, there is nothing to stop the mayor from coming in and doing that.”

Councilman Jesse Selvy said he called the Arkansas Municipal League to get an opinion and agreed with Loftin.

“I checked it myself,” Selvy said. “The mayor presents it. But he doesn’t have a vote.”

The budget was submitted to the city council on Nov.

28.

Pitchford said Loftin isn’t speaking with any authority.

He claims he researched the law and found two Arkansas Supreme Court cases — Little Rock v.

Katz and Little Rock v.

City of Raymond — that back his position.

“When they made these decisions, the very things you are talking about were considered in those Supreme Court cases,” Pitchford said. “So what he is telling you has no authority. I’ve got the highest authority in the state of Arkansas.”

Pitchford said those cases deal with the power of a municipality to act and that a city only has the powers granted to them specifically by the legislature.

“What you are saying the mayor can do, I’m asking you to show me where the legislature has expressly put it in writing that he can do it,” Pitchford said. “If it isn’t in writing, he can’ do it.”

Pitchford said Loftin is giving them bad advice.

“Our city attorney is leading you into a lawsuit because when we get to court the judge is going to ask you to show them where you got the authority to do what the city attorney told you to do,” Pitchford said.

“He can’t show it. He can’t tell you a thing.”

Resident Jerry Malone cited a series of codes backing up the city’s position.

According to Malone, under Arkansas code 1443-50 (C) the city council is the governing body of the city of a first class.

He also pointed out that section 14-43-501(b) (1) (A) states that the mayor is the ex-officio president of the city council and shall preside at all meetings of the city council.

“Therefore, the mayor is a part of the governing body of the city,” Malone said.

“There should be no question that the mayor can participate in discussions regarding city budget hearings.

Malone also cited Arkansas attorney general opinion 96-062 which states that a mayor shall not be excluded from an executive session because the mayor is an ex-officio member of the council.

“So the attorney general has concluded that the mayor is an ex-officio member of the council,” Malone said. “The attorney general agrees with Arkansas law.”

Lastly, Malone cited section 14-43-501(b)(1)(B) which established that the mayor gets to vote to establish a quorum, pass an ordinance, by-law or resolution. “If there is a tie, the mayor can break a tie,” Malone said. “The mayor doesn’t vote unless there is a need for the mayor to vote on motions, or ordinances.”

Pitchford again cautioned the council that they were getting bad advice.

“If you want to do something, get some authority because he didn’t give you any authority,” Pitchford said. “So if you are going to do what you are going to do based solely on what they attorney said — and he is your paid legal advisor — that’s fraudulent representation because he has given no authority.”

Loftin said Malone found the same laws that he did.

“He did a very good job of showing how a mayor can sit in on city council meetings and city budget meetings and any city meetings,” Loftin said. “I didn’t give it to you. That’s true. But Mr. Malone gave you specific code sections you can look them up if you want to or talk to the Municipal League. But that is more than ample and I appreciate Mr. Malone’s assistance.”

By Mark Randall