City Council - Special Meeting

with a word of prayer and pledge of allegiance. If you would like to please feel free to join us. I'll call this meeting to order. Ms. Hurd, would you call the roll, please?

Mr. Hawkins? Here. Mr. Grimes?

Here.

Ms. Mell? Here. Mr. Ledbetter? Here. Mr. Hawks?

Here.

Mr. Jones? Here. Ms. Isby?

Here.

All right. All we have today is a very short meeting. It's consideration to discuss the vacancy of the city council position of Ward 2, Position 1, and I'm going to ask City Attorney Charles Finkenbeiner to explain the law. Mr. Finkenbeiner.

So there was a change to the election law for cities in 2025, Act 995. And it, in a lot of ways, made the law more clear, I think, about what procedure cities have to follow whenever there's vacancy in any elected office. So this would be any elected official of the city, city attorney, mayor, city council, city clerk. Whenever a vacancy, and I'm just going to read from the statute, this is not going to take long. When a vacancy occurs in any position of city council and a member in a city having a population of 20,000 or more, according to the most recent federal decennial census, the vacancy shall be filled under Arkansas Code 1442-103. Turning to 1442-103, once the council declares a vacancy in an elected office at the first council meeting after that declaration of the vacancy, which would be something the council has not done yet, right? There's been a resignation, but there actually has to be a formal declaration of vacancy by the city council. Make sure I talk into this close enough at the 1st council meeting after the declaration of vacancy, the governing body of the municipality shall elect by a majority vote of the governing body municipality city council. A person to serve the expired term. or at the first council meeting after the declaration of the vacancy, the governing body of the municipality shall call a special election to be held at the next special election date under Arkansas Code 7-11-101 to fill the vacant position for the remainder of the term. The only limitation established by the new law is that, and this wouldn't really apply here, but it's just a general example, restriction is a city council member cannot be appointed to fill a vacant elected position in a city this size. Does that make sense? Not that any of you would want to, but that's the only restriction. So that's the law. It gives the city council the option to appoint or call a special election. Two things that I would point out is that I think One, the timing of this is sort of opportune in the fact that if a special election is called, it could be held on the same day as the already scheduled November election. There would be plenty of time to meet all the deadlines that are required, even though there's going to have to be another city council meeting, right? Um, and so there wouldn't really be any additional cost to the city. The city could maintain the same filing periods that are currently in effect for all candidates for a municipal office. So that July, I think 29th through August 5th. So. that makes it an opportune time to have a special election just because of the timing and the last thing i would say is as the city attorney is that i don't think that 1442-103 like any other statute should be read in isolation i think instead it should be read in with the background of the important rights guaranteed to citizens by the arkansas constitution when it comes to their elected officials And given the fact that I think that would be the preferred method is to call a special election, I think the Constitution and the other statutes that surround and sort of breathe life into 1442-103 really have that as a default, that if there's a choice between the two, all the things being equal, people should have a right to vote on their elected representatives. Having said that, I will give an example of a case where it might not be the preferred method, and that is where an elected official resigns or otherwise vacates his or her position, and there's very little time left on his or her term, right? So if there was a vacancy declared in an elected office that only had about three months left, It really would make a lot of sense in the middle of the year or the first part of the year to call special election when there's only talking about 90 days before they would have been up for election anyway. Does that make sense? In this case, though, I believe there's going to be about two years left. former council member Spurge's term. And in a case where you've got that much time left, I believe that in light of the constitutional guarantees to the citizens to choose their elected representatives, that special election is the preferred route.

I think I'm clear as mud on this.

No, that's pretty clear. It is. I think I understand this, but just to make sure. The regular election in November is on what date, November?

Third, I believe. Third and the fifth.

Okay. So the people, the four seats in the regular election, mine and the other position twos, they will take office officially January 1st, correct?

Correct.

The winner of those races. But the winner of the special election, would they wait until January 1st or would they take office the next day or as soon as certified?

Yeah, so they would take over as soon as the person – let's say that the council decides to appoint someone to fill in – calls a special election but fills in the balance of the term until the special election. Then until they're – done serving then the new person elected would serve and they would only serve the balance of the term the current term left which would be two years right but the person who wins this seat would be seated here in December in November yeah November I thought I believe it's November but it could be as late as January okay they could be sworn in just like everyone else

Well, okay. It's a minor point, but perhaps, for example, if this special election were to be held in July, would that seat be vacant for the rest of this year until January 1? I mean, I wouldn't think so.

Yeah, no, it wouldn't. But this council has, and this is built into 1442-103, that if the council calls for a special election, then it can, and in fact, that's the preferred route, is that they would appoint someone to serve out the time between the declaration of the vacancy and the choosing of the option to the time that the new council member is sworn in. Right, right.

My question is, when would this person be sworn in?

Yeah, I don't want to give you an answer that I don't know 100%, but I'll find out.

It would make sense. I'm sorry. Go ahead, Mr. Thiel. Go ahead. No, you go.

Pull your mic, then.

In the event, I'm not saying it's going to happen just in case we have to appoint somebody, would they be allowed to run as well?

Yeah, there would be no prohibition against the person that you're appointing.

I think once before in the past, some people wanted to be appointed, but they didn't want to run after the term was over. So I'm just trying to find out, will they still be able to run if we appoint somebody for the vacancy? That's all I'm trying to find out.

Yeah, there are a few elected positions, I believe, mostly in the judiciary. We're an appointee is not allowed to run. I believe prosecuting attorneys are also the same. They have that statutory prohibition, but there wouldn't be any such prohibition for city elected officials in Arkansas.

I'm just I'm just talking about the downtime between the election and January. What we're trying to get clear on because keep them having a vacant seat. I think that's what David was talking about.

Yeah, that's kind of my understanding is say the Council decides to appoint someone until the election. whoever it is doesn't run for position you could actually i think drew has like six meetings left between now and election time y'all could appoint tell me if i'm wrong charles the council could appoint someone to fill that term those next six seats and then after the general election I think it's like what David said, in that whoever gets elected to that position will immediately take that post. Once the election's over.

The election commission certifies.

Is that how you understood it, David?

That would make sense.

It could be November, it could be early December, depending on how long it takes.

So would the first thing we need to do is declare that seat? Open is that the 1st right?

The 1st step in any process 1st step is for the City Council declare a vacancy. And that see. And then it would set another because it's. That she says that the statute says that once the council declares a vacancy, then at the next council meeting. I sure otherwise then they would make their choice as to whether they were going to a point. We'll call for a special election.

So we can't do it all today.

Correct.

Okay, so how do we make a motion to the effect that this Ward 2 Position 1 seat is vacant?

I believe that that's the best procedure is just to follow the standard council procedure for any motions.

So there will be a motion and a second and then a vote. Before any motions are made, we do have a resignation letter. Is that correct? From this council member?

I had it from Drew verbally.

Ms. Bergers, would you like to clarify this for me, please? Thank you very much.

Thank you.

I make a motion that we declare Ward 2, Position 1 vacant.

Second. I have a motion and a second that Ward 2, Position 1 is vacant. Any further discussion? It's heard.

All in favor say aye. Aye. Any opposed?

That passes 7-0. So what's our next step, Mr. Finkenbinder?

So the next step would be for the council to set a... Wow. The next step, and after that would be to fix this microphone. But the next step would be for the council to set a meeting to make the decision on whether the council is going to vote to appoint a successor to fill out the last remaining part of Mr. Spurgeon's term, call for a special election.

I keep going back. I want to be clear on this. When you're talking about appointing somebody, are we just appointing them just to go from then until December or to do the whole term?

So actually, you would be doing both. The council would be doing both. And here's what I mean by that. There's two options to fill the seat, one to appoint for the balance of the term, which would be about two years. The other is to call a special election. Council decides if the council decides to call a special election, then the statute allows and encourages actually the council to appoint someone to fill in the time between the calling of the special election and the holding of the special election. Is there a limitation on who can be appointed any qualified elector? The only limitation is it can't be a sitting member of the present city council.

they would write all the other rules would apply residency qualified elect or um all those all the normal rules for any appointment or election of a city council member would apply i got another person i guess i and my mic is doing the same thing and you said to appoint somebody in a special election i have a special election if if we appoint somebody can we wait until the general election or do we need to appoint somebody now at the next meeting to turn, see what I'm trying to, I'm trying to make sure we don't have that downtime. And if we appoint somebody, this is not going to interfere with them being on the ballot to run.

Right, so let me give you a different example. So Mike is the present council member. Mike resigns. The council declares a vacancy. Next council meeting, the council decides we're going to have a special election in November. And until then, we're going to appoint Sue to be the council member until the special election. So that way there's always eight council members. Am I making sense?

This is the only thing I was saying. We're talking about having a special election in November. I was thinking the general election in November. Would that have to be called special election for them to get on the ballot?

No, it's still a general election. It's just, it's called a special election and it would be appear that way on the ballot because it's not the normal time.

That's what I was trying to make sure that we didn't have to call. Another. election before the election when you keep saying special election election i was making sure we not to call another one it could just be in november would just be called correct it just called a special election because spargers wasn't he wouldn't have been up for another two years that's fine i was just trying to be clarity on it because we keep talking about a special and knowing in the past we had to pay and have one at a different time and i was showing you the clarification on the wording

Yeah, and that's where the timing comes in. A special election seemed like a better option at this point because you wouldn't have to have a different date. There wouldn't have to be another set of dates for voters to keep up with. There wouldn't have to be a separate filing period. The only thing that would be, you know, the signature requirement would be... Signature requirement would be abbreviated, right? That would be getting a little bit later start, but it's 30 signatures.

30 signatures.

If you can't get 30 signatures in 30 days, you probably don't need to be on the ballot. So the cost of the special election, that's probably a better question for Tyler. I don't know. I don't think it's much. That would be a Margaret daughter's question. Yeah.

If you sell the conjunction, I mean, no, that's what I was. That's what I was just the cost of the balance.

Everything else is the same. Everything else is the same.

That's what I was saying. We discovered the election in November. And we keep saying special election. I'm like, November wouldn't cause us. So that's why I was trying to find out why we weren't in a special. And not just the general election is there going to be a cost.

It is a special election. It'll just be in conjunction with the general election.

Correct. There will be additional ballots that would have to be printed, right? And those ballots would reflect that Spurgeon's seat, the vacant seat, the vacant seat is being filled by a special election, but it is still a general election.

And that's for Ward 2 residents only. Or the only ones that would... Yeah, I think that position is Ward specific.

Yes, it is.

So our next move, correct me if I'm wrong, Charles, our next move is the council set a meeting, another meeting, we can say July 7th, a week from today, if y'all want to, at noon. And y'all make your decision on how we want to proceed either with putting it on the ballot in November or y'all selecting someone. Is that correct, Mr. Pinkerman?

That's correct. And, you know, for up to me, the statute needs to be changed to allow both of these things to happen at the same council meeting. But until it changes, the safest option is just to follow it by the letter.

That was good. Well, I know this is the topic for next week, but I'll go ahead and say that I have no interest in appointing somebody for two and a half years. That we do need to have an election in November for the state and appoint someone in the interim. So that's just that works.

Yeah, I'll call Margaret.

Yeah.

And also find out exactly when the winner of that special election would be sworn in January 1st or earlier. We'll get those answers.

Mr. Hawkins, you said earlier, Mr. Finkenbinder, that. a current council member could not be appointed to that seat. Is that correct?

Correct. Or any vacant elected seat.

Now that Mr. Spurgers has tendered his resignation, would he be a possible short-term replacement for that position?

He would, because as of now, he is not a current city council member.

Thank you very much. Good questions.

Hey, council, any other questions?

I just want to ask, so we are definitely looking at our next meeting on the 7th of July?

It's up to y'all. I know that's a quick date. If y'all, if it's not a good date, we can move it.

I'm just saying for me, I won't be here, but that's just me.

Yeah, I would say the quicker the better. And it's already going to be a special meeting. So the quicker the better, because that would give candidates more time to gather signatures. And there's paperwork, right, that elected officials have to fill out. So I'm available any day this week, any day next week. Are you on the full week, Sheila?

Uh, I will be back on the 10th, but it's probably going to be midday before I get back. I will, I'll leave out on Sunday.

So is this group want to get back together Thursday, Thursday at noon. Okay.

I got a little something going on this week too. Um, Hmm. I'd like for you to be here. Yeah, I'd like to be here.

Yep, Friday.

Friday, definitely.

It's the 10th. Ms. Isby, you said you would be back. Is that right?

I won't be back. I'll leave heading back the morning of the 10th, so I won't be back until later.

Let me just toss this. How about tomorrow at noon?

Oh, no. Okay. I'm sorry, man, but I'm in the middle of an anniversary.

Okay. No, I promise you I understand that.

Let me ask you this. If we adjourn this meeting, can we call another meeting for later this afternoon?

Do you still have to have notice?

Come back in two hours?

We could. I would think. My advice would be not to have it on today, even though it would be definitely expedient, but if you had at least another day.

I'm going to put my foot down. I'm going to do Thursday.

Thursday?

Yeah, because y'all told me I had to.

No, no. You're not going to pull that trick.

Uh-uh. You're putting your foot down to your wife? Is that what you're saying?

I did not say that. And you're being recorded, too.

Well, Theo has to put his foot down to take a step even in walking.

So if everybody's good Thursday at noon, we will reconvene.

That gives more time for people if they're interested to get the packet, gather the signatures.

And I'll call Margaret as soon as lunch is over for her. I'll get the answers for those other two questions.

That's Thursday the 2nd. Is that correct? Yes.

What time? 12 o'clock. And with that, council, I'll take a motion to adjourn.

Do we need a motion to approve that?

We do. Just to set it?

Yeah.

I don't think so. Okay. I would feel better if we did. I'll make a motion that we have a special council meeting this Thursday.

I have a motion second to have a special council meeting this Thursday, July 2nd at 12 noon at Conway City Hall. Any further discussion?

Can somebody write me a mission slip?

Yes, sir.

I'll write you a note.

You got a cowboy F on this one.

All in favor say aye. Aye. Any opposed?

That's a seven to zero. Council, I'll take a motion to adjourn. So moved.

Second. Y'all sure don't help a man out when he needs help, bro.