Mayor LaForce and Our Right to Vote

Sufficient Referendum Petitions Filed
On June 29, 2009, referendum petitions were submitted to the Searcy City Clerk Peggy Meads. Over 1200 Searcy citizens signed the petitions (approximately 1500 signatures were gathered, but only around a little more than 1200 were submitted), so they could exercise their right to vote for or against the A&P tax. In her capacity as City Clerk Meads "certified the sufficiency of signatures on the petitions." At that point, the A&P tax ordinance should have been held in abeyance (not enforced) and no tax collected until the A&P tax had been put to a vote.

Enforcing a Repealed Ordinance
A 1948 ordinance setting the deadline for the filing of referendum petitions at 30 days was the Mayor's and City Council's basis for denying us the right to vote. In a Daily Citizen article on June 16, 2009, Warren Watkins reported, "City Attorney Buck Gibson said the 1948 ordinance does apply to the A&P ordinance." However, later that day, Mayor Belinda LaForce researched the 1948 ordinance, and in her email to the City Attorney at 5:59 P.M., she reported the following conclusion:

"City adopted a new Code of Ordinances by Ordinance 519 (in attachment above)  I believe this Ordinance repealed all other ordinances except those specifically listed in the ordinance. There is nothing in that Code of Ordinances reflecting the City having a deadline on filing a referendum petition." (emphasis added)

Mayor LaForce acknowledged the 1948 Ordinance 303 was repealed by Ordinance 519 of 1969, and, therefore, it did NOT apply to the A&P ordinance. Still, Mayor LaForce enforced it anyway, ignored the 1200 voters and their petitions, and denied our referendum petition rights established in Amendment 7 of the Arkansas Constitution. The city began illegally collecting the A&P tax on July 1, 2009.

The Judge Agrees With...Mayor LaForce
As a result of the City's disenfranchisement of the voters, a lawsuit was filed to compel the City government to hold an election on the A&P tax ordinance as required by the Arkansas Constitution. In a hearing on September 30, 2009, for that lawsuit, Judge Tom Hughes ruled the 1948 Ordinance 303 WAS REPEALED by Ordinance 519. He came to the same conclusion Mayor LaForce had come to three and half months earlier, except now, her decision to enforce the repealed ordinance was costing the city money to defend her and the City Council in the lawsuit.

The City Council Appears to Disregard the Court Ruling
After Judge Hughes' ruling, an alderman motioned in the October 2009 City Council meeting for the City to appropriate funds for a special election on the A&P tax ordinance. Alderman Steve Sterling objected and motioned that the subject be tabled indefinitely. Alderman Dale English seconded the motion, and it passed with the votes of Alderman Sterling, Alderman English, Alderman Mary Ann Arnett, Alderman Mike Chalenburg, and Alderman Jim Dixon. Why did the City Council continue to enforce the repealed Ordinance 303?

The October City Council Meeting: Behind the Scenes
On October 6, 2009, Mayor LaForce sent a note to City Attorney Buck Gibson. In it, she made the following points and statements:

• She acknowledged Judge Hughes denied both of the city's motions to dismiss the lawsuit seeking our right to vote
• She stated she wanted to appeal Judge Hughes' decision
• She concluded with the following statement: "I am sure Niblock is going to address moving forward to resolving this NOW by special election - I don't want the Council to be CONFUSED at the next course of action . I want to be sure I have a clear path(s) to present to them."

After Mayor LaForce sent this note outlining her planned response to Judge Hughes' ruling, Alderman Sterling made his motion in the October City Council meeting to table discussion of the A&P tax indefinitely.

Putting the Pieces Together
In November 2009, Greg Niblock deposed (they testified under oath with the testimony recorded for the trial) Mayor LaForce, City Clerk Meads, and four aldermen in preparation for further hearings in the lawsuit over our right to vote. Their depositions are below:

• LaForce Deposition
• Meads Deposition
• Arnett Deposition
• Dixon Deposition
• Sterling Deposition
• English Deposition

As you read these documents, several facts help us start to put the pieces together.

• Alderman Arnett, Alderman Dixon, and Alderman Sterling did not attend the September 30, 2009 hearing
• Alderman Dixon and Alderman Sterling testified that they believed Ordinance 303 was still in effect
• Alderman English and Mayor LaForce attended the September 30, 2009 hearing
• Mayor LaForce said she had no authority over the City Counci's decision about what to do about letting the people vote on the A&P tax if the petitions were filed in a timely manner (end of page 6 and beginning of page 7 of her deposition)

In regards to the September 30, 2009 hearing, Alderman Dale English testified:

"Niblock: So were you there when Judge Hughes made his ruling?
English: Right.
Niblock: Did you understand him to say the petitioners had 90 days?
English: Yes."

In contrast, Mayor LaForce testified:

"Niblock: Of course, we had the hearing relative to when the appropriate file date was in front of Judge Hughes. It's my recollection you were there, and he determined that the petitioners had 90 days. Is that your recollection?
LaForce: Well, no. Really from the determination of what was said at the hearing, it was very hard to determine whether or not he said the petitions were filed in - had the 90 day time period and were filed in a timely manner.
Niblock: So, you don't know if the petitions were filed timely or not?
LaForce: I don't think that's been determined yet as to whether or not the ordinance that we have in effect is null and void."

If there is any doubt about what Judge Hughes ruled, Warren Watkins reminded readers in a March 27, 2010 article in the Daily Citizen, "In September a judge ruled the petitions were filed in a timely manner."

The Right to Vote Finally Upheld
Not long after the depositions, Alderman Dixon made a motion in the December 2009 City Council meeting that the City hold an election on the A&P tax ordinance in April 2010, and this motion passed with Alderman Dixon as the only "no" vote. The citizens of Searcy were finally granted their right to vote after six months of Mayor LaForce and five Aldermen enforcing an ordinance that had been repealed in 1969.

What do the actions of Mayor Belinda LaForce's tell you about her view of our right to vote?