Assistant City Attorney Joe Childers told the Pine Bluff City Council on Monday night that a current ballot candidate or an interested voter — not the municipality — should seek a judicial decision on probable election changes based on the city’s population slide to below 50,000 in the 2010 U.S. census.
“The City of Pine Bluff has no stake in this,” said Childers. “It’s the candidates, or a voter. From the city’s perspective, the law should be followed, whatever’s decided. Any position the city would take in this situation would be contrary to someone. This cries out for judicial determination.”
Childers was referring to questions sparked last week by Mayor Carl A. Redus Jr.’s personal attorney, Gene McKissic of Pine Bluff. McKissic said he would ask Arkansas Attorney General Dustin McDaniel for an opinion on what the city’s population decline means for municipal elections scheduled in November and those thereafter.
When a city grows to cross the 50,000 population threshold, Arkansas code specifically outlines how the schedule and term lengths for municipal elections should change. However, it is unclear what should happen should a city’s population drop to below 50,000.
State Code 14-43-305 addresses first-class cities of less than 50,000 that function under a mayor-council form of government, while State Code 14-43-303 is directed at such cities with populations of over 50,000.
Independent reporting for Pine Bluff & Jefferson County since 1879.
Pine Bluff is currently functioning under the latter, which states that during each presidential election (including 2012), voters will elect a mayor for a four-year term. However, the existing code for cities under 50,000 says that mayors should be chosen for four-year terms during presidential mid-term elections, the next of which would be in 2014.
According to State Code 14-43-305, when a city grows to over 50,000, its mayor shall have a two-year term extension so that future elections would occur on the proper cycle. The full text of the codes, which also address elections of other officials, can be seen at the end of this story on The Commercial’s web site at www.pbcommercial.com.
Should Redus’ term be extended to 2014, he would qualify for municipal retirement benefits without having to face a second re-election campaign. The incumbent mayor — slated to face eight opponents, including Alderman Steven Mays and Alderwoman Thelma Walker, in the Nov. 6 election — was first elected in 2004 and re-elected in 2008.
Nothing contained in either code mentions abbreviated terms for any officials.
Childers said the first step for someone wishing to obtain a decision in the matter is to seek a “declaratory judgment.” Afterward, suits might be filed on a variety of motions.
“The government might be sued,” said Childers, not specifying whether he was referring to local or state government.
Several council members asked when the possibilities of the matter first became known and why they weren’t made aware.
“I don’t know,” said Childers, who added that he learned of it from “the newspaper.”
Alderman Glen Brown blamed the Jefferson County Election Commission.
“All of us need to be kept abreast of developments like this,” said Alderwoman Irene Holcomb, who acted as mayor during the council meeting. Redus was absent, attending the National Democratic Party Convention in Charlotte, N.C.
“Someone should have told us – our legal department or our legislators or the Arkansas Municipal League or the election commission. Someone should have told us,” Holcomb continued. “Hopefully, we’ll be informed in the future.”
Holcomb urged all of the city’s department heads to “research the ramifications of falling below 50,000,” saying she fears that some grants and programs could now be in peril. Alderman Bill Brumett also expressed concern over the possible loss of federal monies.
During the meeting’s business session, the council considered seven resolutions and six ordinances.
Ordinances receiving second readings called for the closure of:
• The alley between Cherry and Linden Streets and Seventh and Eighth Avenues.
• A portion of Parker Avenue.
• Part of North, Belair, South Belair, West Belair and Belle Meade Drives.
• Part of Cottonwood Street and all of Cottonwood Circle.
Four approved resolutions directed the city clerk to publish notices of public hearings on the aforementioned proposals.
Ordinances receiving first readings and being referred to the development and planning committee for further study call for:
• Amending the code of ordinances respecting fencing and screening requirements for automobile salvage, wrecking or junk yards; establishing a grace period for such interests to come into compliance with city regulations; and providing for a penalty for violations.
• Providing for the rezoning of a parcel of land at 38th Avenue and Ohio Street to Residential Planned Unit Development status.
Approved resolutions:
• Provided for standard placement of costs or correcting certain nuisances on tax books as delinquent taxes and collected as such.
• Expressed the city’s commitment to provide a match for grants to improve traffic signals at the intersections of the Martha Mitchell Expressway and Hutchinson and Bryant Streets, and to maintain the said systems once installed. Walker, citing concerns, voted against the measure.
A resolution calling for awarding the Jefferson County Community Development Corporation federal Community Home Development Organization home funds for the years 2008, 2011 and 2012 was sent to the economic and community development committee at Walker’s request.
Brumett said after the council meeting that Community Development Director Donald Sampson reportedly plans to retire, effective Sept. 14.
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The full text of the Arkansas Codes mentioned in this article are below.
A.C.A. § 14-43-303
Arkansas Code of 1987 Annotated Official Edition
© 1987-2012 by the State of Arkansas
All rights reserved.
*** Legislation is current through the 2012 Fiscal Session and updates ***
*** received from the Arkansas Code Revision Commission through ***
*** August 1, 2012. ***
Title 14 Local Government
Subtitle 3. Municipal Government
Chapter 43 Government Of Cities Of The First Class
Subchapter 3 — Election of City Officials
A.C.A. § 14-43-303 (2012)
14-43-303. Officials in mayor-council cities of 50,000 or more.
(a) (1) (A) In the general election in the year 1960, and every four (4) years thereafter, cities of the first class that have a population of fifty thousand (50,000) persons or more, according to the latest decennial federal census or special federal census, and that also have the mayor-council form of government shall elect the following officials:
(i) One (1) mayor;
(ii) One (1) city clerk; and
(iii) One (1) alderman from each ward of the city.
(B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified.
(2) (A) At the general election in the year 1960, the city shall also elect:
(i) One (1) city attorney;
(ii) One (1) city treasurer; and
(iii) One (1) alderman from each ward of the city.
(B) All of these officials shall hold office for a term of two (2) years and until their successors are elected and qualified.
(3) (A) At the general election in the year 1962 and every four (4) years thereafter, the city shall elect:
(i) One (1) city attorney;
(ii) One (1) city treasurer; and
(iii) One (1) alderman from each ward of the city.
(B) All of these officials shall hold office for a term of four (4) years and until their successors are elected and qualified.
(b) In all primaries or general elections, the candidates for the office of alderman shall reside in their respective wards. However, all qualified electors residing in these cities and entitled to vote in the elections shall have the right to vote at their several voting precincts for each and every candidate so to be nominated or elected.
(c) All odd-year elections for municipal officials in the cities of the first class that have a population of fifty thousand (50,000) or more persons, according to the latest federal census, and that also have the mayor-council form of government are abolished.
(d) If a city first attains a population of fifty thousand (50,000) as shown in a decennial federal census or special federal census completed after January 1, 1997, and the mayor or other elected official of such city last elected before the census was elected to a four-year term and such term will expire two (2) years before the quadrennial general election year at which city officials are elected as provided in subsection (a) of this section, the terms of such officials shall be extended for a period of two (2) years in order that the terms will coincide with the next quadrennial general election year. At that quadrennial general election and at each quadrennial general election thereafter, the mayor and such other municipal officials shall be elected to terms of four (4) years as provided in this section. The provisions of this subsection shall not affect in any way the provisions of this section that provide for staggering the terms of office of aldermen so that one (1) alderman will be elected from each ward every two (2) years.
HISTORY: Acts 1959, No. 176, §§ 1, 2; A.S.A. 1947, §§ 19-1002.2, 19-1002.3; Acts 1997, No. 707, §§ 2, 3; 2003, No. 1185, § 25.
•••
A.C.A. § 14-43-305
Arkansas Code of 1987 Annotated Official Edition
© 1987-2012 by the State of Arkansas
All rights reserved.
*** Legislation is current through the 2012 Fiscal Session and updates ***
*** received from the Arkansas Code Revision Commission through ***
*** August 1, 2012. ***
Title 14 Local Government
Subtitle 3. Municipal Government
Chapter 43 Government Of Cities Of The First Class
Subchapter 3 — Election of City Officials
A.C.A. § 14-43-305 (2012)
14-43-305. Mayors in mayor-council cities of less than 50,000.
(a) The qualified voters of cities of the first class having a population of less than fifty thousand (50,000) and having the mayor-council form of government, on the Tuesday following the first Monday in November of 1970 and every four (4) years thereafter, shall elect a mayor for four (4) years.
(b) Incumbent mayors shall continue in office until their successors are elected and qualified.