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Minutes for the special called City Council meeting on September 4, 1998
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SPECIAL CALLED MEETING CITY COUNCIL MINUTES - SEPTEMBER 4, 1998
The Jonesboro City Council met Friday September 4, 1998, at 7:30 a.m. A full quorum was in attendance. Present were: Mayor Brodell, City Clerk, Donna K. Jackson, City Attorney, Phillip Crego and 11 council members. Those members were: Kelton, Rorex, Province, Davis, Tate, Rega, Pratt, Young, Perrin, Bowers, and Roddy. Councilman Crockett was unable to attend.
Mayor Brodell explained the purpose of the called Special Meeting was to correct a mistake made with the original codification of the Jonesboro Municipal Code. He stated ordinances that combined the offices of City Clerk and City Treasurer were inadvertently left out of the Jonesboro Municipal Code as well as ordinances establishing the Office of Finance Director and the Finance Department. Ordinance No. 2157, which adopted the Jonesboro Municipal Code specifically reads in Section 2, “All ordinances of a general and permanent nature not included in such Code are hereby repealed from and after the 6th day of February, 1989, except as herein provided. No resolution of the city, not specifically mentioned, is hereby repealed.” Mayor Brodell apologized for the error and for having to call a special meeting. He stated his concern was to prevent a lawsuit resulting from the oversight. Reports were given by Councilman Rorex and Councilman Davis as to why and how the Office of City Clerk and City Treasurer were combined. Councilman Bowers read from A.C.A 14-43-303 which states first class cities shall elect a city treasurer. Councilman Perrin questioned City Attorney, Phillip Crego as to the state law requirements, regarding the appointment or election of a city treasurer. City Attorney Crego read A.C.A. 14-43-405 which states cities of the first class having the mayor-council form of government may provide, by ordinance, for the election or appointment of their city treasurer. The city council may, by ordinance or resolution, designate the city clerk as clerk-treasurer, allowing one (1) person to assume the duties of both clerk and treasurer. Mr. Crego stated under this provision the city council has the choice of appointing or electing a city treasurer, or they could appoint the city clerk as city treasurer. Councilman Pratt questioned the reason for calling the special meeting. He stated the matter should be decided in a regularly scheduled meeting, so the public could provide input. Mayor Brodell explained it was not an attempt to deceive anyone but rather to come into compliance with state law, and prevent a law suit. Councilman Perrin questioned City Attorney, Phillip Crego as to the state law requirements, regarding the duties of a city treasurer. City Attorney Crego read A.C.A. 14-43-507 which states treasurers in cities of the first class shall be required to make similar reports as prescribed in 14-43-506 (Duties of City Clerk) and shall perform such other duties as may be required by the ordinances of the city. Mr. Larry Flowers, Finance Director explained the Legislative Auditors have taken the position that the monthly reports presented to Council are above and beyond the requirement for both the City Clerk and Treasurer quarterly reports. City Clerk, Donna Jackson recommended the reports be listed on the agenda and voted on by Council in an effort to comply with A.C.A 14-43-506. Councilman Rega questioned City Attorney Crego if Council could appoint an Office as City Treasurer or does it have to be a person. Mr. Crego stated the law does not specify in either Statute, only that the treasurer may be elected or appointed. Councilman Pratt questioned Mr. Crego regarding the basis of a lawsuit. He asked was it because a city treasurer must be elected the same time as a city attorney, and was there a deadline for determining the election or appointment of a city treasurer. Mr. Crego stated if no one has filed for the elected office of Treasurer, then no one occupies the position as an elected position. Mr. Crego stated he understood the special meeting was prompted by Mayor Brodell who wanted to clarify the position as appointed prior to someone filing for the elected office of Treasurer. Mayor Brodell stated the reason he called the special meeting was because there are no provisions set up for treasurer. Councilman Pratt questioned if the Finance Committee or the Personnel Committee had reviewed the matter. Mayor Brodell stated the committees had not reviewed it, but that is why he called the special meeting, so all council members could review the situation and make a decision. Councilman Kelton questioned if more money needed to be appropriated from the General Fund for a city treasurer. Mayor Brodell stated additional funds would be needed if the Office of Treasurer is established as an elected office. Councilman Pratt questioned City Attorney Crego if someone is appointed treasurer could they draw a retirement under the provisions of A.C.A 24-12-121. Mayor Brodell stated with no salary given the retirement would not be an issue. Both Councilmen Pratt and Davis stated it could be in the future, if a salary is designated. Mayor Brodell stated if the Finance Director is appointed City Treasurer and stayed for ten years, then at 60 years of age he would draw 50% of his salary as his retirement. Mayor Brodell stated that would not be the case if the City Clerk and Treasurer positions were combined since the City Clerk already qualifies for the same retirement. City Clerk, Donna Jackson explained state law requires first class cities to appoint or elect a city treasurer, and regardless who the duties are designated to, the city treasurer, by state law, is responsible for the city’s finances. Councilman Davis questioned Mrs. Jackson if the offices of City Clerk and City Treasurer were combined would she have done things any differently. Mrs. Jackson stated yes she would have. Councilman Davis stated the position was an elected position years ago and kept an elected position as Clerk/Treasurer, but now it would be an appointed position. Councilman Davis stated in his opinion legislature intended for the position of Treasurer to be elected. City Clerk Jackson stated she has never run as Clerk/Treasurer, only as City Clerk. Discussion followed between Councilman Davis and City Clerk Donna Jackson regarding the responsibility for filing quarterly financial statements. Clerk Jackson stated regardless who is Treasurer the City Clerk is required to submit a quarterly finance statement in open session. City Attorney Phillip Crego stated there is a duplication of responsibility in Statutes 14-43-506 and 14-43-507, that requires both the City Clerk and City Treasurer to provide similar reports. Councilman Pratt questioned if someone could file for the office of treasurer until the deadline of September 4, 1998, at 12:00 noon. City Attorney Crego stated that was dependant on the outcome of this special called meeting. Councilman Tate stated there was no provision for someone to file, because Council had not decided whether the position should be elected or appointed. Councilman Pratt then asked why this could not be handled in a regular council meeting. Mayor Brodell stated he did not believe it was the intent of the local city government to have an elected city treasurer. Councilman Young offered the following ordinance for first reading:
AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF FINANCE DIRECTOR AS TREASURER FOR THE CITY OF JONESBORO AND FOR OTHER PURPOSES
Mayor Brodell recommended amending Section 2 where it states . . . Further, there being no additional duties added to the City Finance Directors Office, by this appointment no additional salary of expense is being provided for service as treasurer; be amended to read “. . . by this appointment no salary . . .” Councilman Young stated then the Finance Director would not be paid. Discussion followed with everyone commenting on the Mayor’s recommendation, but no motion was made to amend the ordinance. Councilman Kelton moved, seconded by Councilman Tate to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye with the exception of four council members. Those members voting aye were: Kelton, Rorex, Province, Tate, Young, Perrin, and Roddy. Those members voting nay were: Davis, Pratt, and Bowers. Councilman Rega had left the meeting and did not vote. Councilman Young moved, seconded by Councilman Tate for the third and final reading. A roll call vote was taken resulting in all members voting aye with the exception of four council members. Those members voting aye were: Kelton, Rorex, Province, Tate, Young, Perrin, and Roddy. Those members voting nay were: Davis, Pratt, and Bowers. Councilman Rega had left the meeting and did not vote. Councilman Rega’s absence was not noticed until the second reading of the ordinance, and after the motion and second for the third and final reading was made. In order to suspend the rules or to adopt an ordinance with an emergency clause a two-thirds vote of the entire elected body is required. Mayor Brodell questioned the City Attorney regarding the status of the ordinance. Mr. Crego stated without a sufficient quorum the ordinance would be on first reading and be held for the next council meeting. Councilman Young questioned if he could call Councilman Rega to come back to the meeting. Mayor Brodell responded by asking Councilman Young to call Councilman Rega. While waiting for Councilman Rega to return, Councilman Kelton inquired about Councilman Pratt’s concerns regarding a city treasurer. Councilman Pratt stated it had already been established that a lawsuit was possible regarding the city treasurer’s position, that only four hours remained for someone to file for the position, and no provisions had been made for the position. Councilman Pratt questioned Mr. Crego as to whether or not someone could file for the office of city treasurer. Mr. Crego explained the law states the Council must decide for the election or appointment of a city treasurer. Councilman Pratt stated the City Treasurer is an elected office and should have been discussed in a regularly scheduled council meeting to allow for public input. Councilman Rorex stated back in 1970 when the Office of City Clerk and Treasurer were combined it was done by a vote of the Council not by a vote of the people. City Attorney Phillip Crego stated if Council takes no action at this meeting, and someone did file for the Office of Treasurer then it would cause a legal difficulty. Councilman Rega returned to the Council meeting. City Clerk, Donna Jackson asked his vote on the second reading. Councilman Rega voted aye, making the vote for the second reading eight (8) to three (3) in favor of the motion. A roll call vote was taken for the third and final reading. The result was eight (8) to three (3) voting in favor of the third and final reading. Those members voting aye were: Kelton, Rorex, Province, Tate, Rega, Young, Perrin, and Roddy. Those members voting nay were: Davis, Bowers, and Pratt. Councilman Tate moved, seconded by Councilman Roddy for the adoption of the ordinance. A roll call vote was taken resulting in an eight (8) to three (3) vote in favor of the motion. Those members voting aye were: Kelton, Rorex, Province, Tate, Rega, Young, Perrin, and Roddy. Those members voting nay were: Davis, Bowers, and Pratt. The ordinance was assigned number 3076.
Councilman Pratt moved, seconded by Councilman Tate to move the council meeting originally scheduled for September 8, 1998, to September 14, 1998, due to several council members going to be absent. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Tate, Rega, Pratt, Young, Perrin, Bowers, and Roddy.
With no further business the meeting was adjourned.