Nevada County Picayune and Gurdon Times Newspaper Archive

Argument prevents council from doing business

Emmet's City Council meeting was short and anything but sweet.

In fact, no business was conducted as the meeting was adjourned less than five minutes after being opened Wednesday, Nov. 19.

Emmet Mayor Dale Booker provided the council with a budget statement and asked for it to be approved.

Councilman Dick Snell pointed out the council had only received the statement and hadn't had time to look it over. He asked about the packet the council had been receiving and was told, "It's not in my job description," by Booker.

Snell said there were things he wanted to bring up, but couldn't do it without an agenda.

"The policy," Booker said, "is to bring items to the office no later than 5 o'clock the day before the meeting for them to be put on the agenda."

From there Booker said the fight may as well begin as two members of the council have been "brutally attacking" him all year.

He said Snell had met him in town and cursed him out on Monday, Nov. 17, with Snell denying this.

"I came here in good spirits," Snell said, "with no animosity. It's hard to take when you're being blessed out. I tried to do what I thought was right."

"I've made up my mind to do this job according to the law," Booker said, adding members of the council need to learn the law's governing city councils as well. "We are in compliance and need to come here with the intention of doing something to build this town. I've worked my butt off trying to restabilize the waste before."

Snell and Booker argued more about who may have cursed who out, with Booker calling for the meeting to be adjourned.

"When we can meet like intelligent people and work for this town," he said, "I'll work with you. Otherwise I have no time for you."

Part of the problem apparently stemmed from the fact no meeting was held in October as only one member of the council showed up. Others, according to Booker, who spoke after the meeting, were expecting to be called and reminded when the meeting was going to be held.

Emmet's council meets the third Wednesday of each month at 7 p.m.

In addition, the September meeting was adjourned abruptly when Booker and Councilman Johnny Clary got into an argument.

The City of Emmet could face a problem, as this is budget time for cities in Arkansas. According to Prescott CPA Carl Dalrymple, the mayor must present a budget to the council by the December meeting, and it must be passed no later than the February meeting.

However, the council could refuse the mayor's proposed budget and present one of its own. But, Dalrymple said, the mayor could veto the council's budget.

Don Zimmerman, with the Arkansas Municipal League's legal department, said there could be serious problems with the Emmet situation.

First off, the city shouldn't write any checks if no budget has been approved in December, or the council approves making the expenditures until the January meeting. Otherwise, Zimmerman said, any checks written would be unauthorized, which is a violation of the law and could result in criminal charges.

"The city actually shuts down in January, if no budget is passed in December," he said. "The mayor is to present a budget in December, and the council has until February to adopt it. But the law envisions the budget being adopted in either December of January."

According to Zimmerman, all bills the city owes should be held until the council's January meeting if the budget isn't approved at the December meeting. Otherwise, he said, there could be serious penalties for the city and council.

If the council doesn't like the mayor's proposed budget, it can present one of its own. The mayor has the authority to veto the council's budget, but the council could override the mayor's veto with a 3/4 vote.

As to the mayor adjourning the meetings, he said, a mayoral declaration doesn't bring the meeting to a close. A motion and second to adjourn is required to end a council meeting.

In the event the council should choose to have the meeting without the mayor, the city's recorder/treasurer would act as mayor. But, if the recorder/treasurer isn't present, the council could select one of its own to act as mayor, while another is tabbed to be the recorder/treasurer and keep notes of the proceeding.

However, for this to occur, there must be a quorum of members present at the time.

"There are ways for cooler heads to prevail," Zimmerman said, "and have a meeting if there's a quorum."