Editor’s note: This is part three of a three-part series on county government.
Justices of the peace of Jefferson County and County Judge Gerald Robinson have agreed to put their differences aside and will meet today at 5:30 p.m. to approve the tax rates for 2023 to be collected in 2024.
Identical agendas were released from both the county judge’s office and the county clerk’s office, and as previously reported, if this legislation is not passed, according to Robinson, all government operations will be shut down for 2024 except emergency services.
Approximately 75% of the collected taxes go to the school districts. Jefferson County receives 10% and the Road Department receives approximately 8%.
Independent reporting for Pine Bluff & Jefferson County since 1879.
County Attorney Terry Wynne said he had advised the justices of the peace before last week’s meeting of the consequences if the taxes are not levied by Dec. 31. Due to the lack of a quorum at last week’s meeting, the JPs could not convene.
“If this is not approved at all, the county will have no authority to send out tax bills and collect taxes,” said Wynne, adding the budget for 2024 also needs to be passed.
In an interview on Monday with JPs Lloyd Franklin Jr., Alfred Carroll Sr. and Reginald Adams, they said they would be voting to approve the taxes. However, they pointed out that eight justices had already voted in favor of this legislation in November during their meeting, but the measure was vetoed by Robinson, who does not recognize the separate meetings held by these JPs.
“This item was listed on the Finance Committee’s November 7, 2023 agenda. The measure was passed by an 8 to 0 roll call vote and sent to the full Court,” said Carroll. “This measure then appeared on the Full Quorum Court’s agenda dated November 20, 2023. The measure was passed by an 8 to 0 roll call vote.”
During their meeting last week, a motion was made and seconded to overturn the judge’s veto.
So what has led to this moment in county history when what was once peace and harmony between the judge and the Quorum Court has been almost a year of turmoil and discord?
According to the majority of the justices, it began in January with the Policy and Procedural Ordinance presented by Robinson.
“We weren’t able to talk in the committee meeting if you’re not on the committee,” said Adams, who is serving his fourth term. “If we were unruly, the sergeant of arms would put us out … all that was written in.”
Carroll said that procedural ordinance was voted down by nine of the justices and they then began to write their own.
“The judge’s failed 9 to 4 in January, but only eight are sticking to it,” said Carroll, referring to himself, Franklin, Adams, Margarette Williams, Melanie Dumas, Cedric Jackson, Reginald Johnson and Brenda Gaddy.
Carroll said when their policy and procedure was complete and they submitted it to be put on the agenda, Robinson removed him as chairman and appointed another justice as chairman so the legislation would not make it out of committee.
“Month after month we tried to get it on the agenda coming out of his office and he would not put it on the agenda so we took advantage of the law and called a meeting and passed the ordinance,” Carroll said.
According to prosecuting attorney Kyle Hunter, who is also acting as legal counsel to the eight justices, the policies and procedures ordinance appears to have passed and would stand until and unless a circuit judge rules otherwise.
Carroll said that by attending the judge’s meetings, it would look as if they were validating that the judge was correct in his lawsuit.
Other justices like Gaddy and Dumas, who also have served for numerous years, said they wish they could all come together.
“The main thing is we are not working together to get things done with the county judge and us,” said Dumas. “When we decided there were some things we wanted on the agenda or elected officials … that’s when the problem started.”
According to Dumas, when she was vocal in the past against agenda items, she was always told they had the majority to win the vote.
“It was no need to speak out on something,” said Dumas. “All we could do is vote the way we would vote.”
But that all changed in 2023 when Franklin joined the Quorum Court.
“The catalyst for the Quorum Court’s decision to assert its independence can be traced back to concerns voiced by numerous elected officials, including former and current circuit clerks, assessors, tax collectors, sheriffs, and county clerks ever since Robinson took office,” said Franklin, who said he was asked by many to fill the Quorum Court seat as a spokesperson.
“Contrary to the notion that my return was the sole catalyst, it is essential to recognize that the Quorum Court’s transformation into a more vocal body was a collective decision,” he said. “We, as justices, operate within the existing rules and procedures, ensuring a fair and transparent representation of the public’s interests. Our commitment is to be good stewards of the public’s finances and uphold the authority of the Quorum Court as a separate, vital entity from the county judge’s office.”
But because of the turmoil, vendors have gone unpaid, and those people aren’t necessarily looking at the Quorum Court as good stewards of the public’s finances. One of those small business owners is Janet Hartz, who confronted Franklin in the hallway last week.
“We the people, this community is fed up,” she said. “Smaller businesses than mine need to pay their employees, need to pay their bills, need to pay their taxes and we need to be able to collect taxes.”
In an open letter to the justices obtained by the Pine Bluff Commercial, Hart wrote how her bills were delinquent while other bills were collecting late fees.
“In October, one of my real estate bills had been overlooked and was delinquent,” she wrote. ” When I went to the courthouse to take care of this, I was informed that not only did I owe a 10% penalty but I also owed 10% interest. That’s an extra 20%, ladies and gentlemen, for being one year late on paying that bill. So those in our community that are not getting paid on services to this county, and still have bills to pay, payroll and taxes to make, where do they get the money?”
Franklin blames Robinson for the vendors not being paid while Robinson has said due to the quorum not approving appropriation ordinances, he is having to take from other line items to pay bills and that several dozen accounts are in the negative.
According to Robinson, while his budget was set at the beginning of the year, due to inflation, materials and other matters out of his control, especially when it comes to county roads, costs have risen and appropriation ordinances are needed.
Franklin said the court is not going to pass appropriation ordinances without an explanation of what the money will be spent for. Robinson, however, said the breakdowns are clearly stated in the packages he submits to the JPs.
“If you have to ask for some more money just like any other elected official, you’re going to have to explain what you need the money for,” said Franklin.
“I wish we could work together but we are not,” said new court member Williams, who began her first term in January. “I am new. I can’t say what anyone should do. I do feel it is unfortunate that we are not working together and we are not working with the judge, but I do wonder how well he is working with us at times.”
Williams said when they were negotiating the procedural ordinance, she was still learning what it was.
After back-and-forth revisions and changes made by Robinson as a compromise, the ordinance was still voted down by the justices.
“In previous years, a lot of what we did on the Quorum Court was done by mutual agreement, mutual respect, and the good ol’ boy network,” said Carroll. “We had the privilege of being able to have private meetings and those things that were discussed and agreed to in private meetings were the same way when we went public. That kind of camaraderie no longer exists where what one is told in private and agreed to in private manifests itself in public.”
So what will bring an end to this? According to Franklin, all they want is an open agenda where any elected official can get their item on the agenda to be discussed openly among all justices of the peace and voted on.
“The county judge is to appoint the members, but the duty to appoint the chairman rests on the Quorum Court,” said Franklin. “In the past, they have allowed him to appoint committee chairs and it became a problem in January because the committees were stacked.”
Franklin said he feels there has been manipulation and withholding of legislation from the Quorum Court and that Robinson’s abuse of power is a prosecutable offense. Citing Arkansas Code 14-14-502, which explains the distribution of powers and powers of the county government, Franklin said the code states that no one department should exercise powers belonging to another.
“We were sued, which caused us to obtain counsel,” said Franklin, who said upon obtaining counsel they are doing everything right and by the book. “We can’t just fold because the judge thinks he is right and even if he thinks he is right, don’t impose something on us and put parameters around the Quorum Court to do what you want us to do.”
Adams said the lawsuit is what prompted them to set their own meetings, and JPs have asked Robinson on several occasions to drop the lawsuit.
“Unfortunately we weren’t able to attend those meetings that he was calling because of the lawsuit,” said Adams. “We went ahead and tried to do the business of the county which we were shot down at every side. We were deemed unlawful, weren’t correct and we did everything by the book to get the ordinances passed and he just refused to pass them. This judge that is sitting now, it’s either his way or no way.”
According to Robinson, he has always had an open-door policy and has allowed elected officials’ proposals to go on the agenda including legislation for the tax collector, which was voted down.
Robinson said while everyone does have the opportunity to submit agenda items, it is his constitutional duty to make sure those proposals do not violate budgetary guidelines and other statutory procedures.
“We are on the judge’s team, we are on Jefferson County’s team, we have passed legislation,” said Carroll.
“Moving forward, the resolve of the Quorum Court is to work collaboratively with Judge Robinson and other supportive justices for the betterment of Jefferson County,” added Franklin. “Our focus remains on the people’s agenda, free from any selective gatekeeping, and we are committed to fostering a cooperative and respectful relationship that serves the public interest.”