Nevada County Picayune and Gurdon Times Newspaper Archive

Emmet Council Keeps Secretary; Emergency Committee Sought

Anita Allen will be allowed to keep her position as the Recorder/Treasurer of Emmet.

Allen moved out of the Emmet city limits several months ago, but retained her job with the city. This was brought out at the June meeting of the Emmet City Council.

At the July meeting of the council, Thursday, July 9, Councilman Wayne Baker brought it up again, saying the people of Emmet need to know about the situation.

Emmet Mayor Ottis "Chuck" Otwell, said the Nevada County Picayune wrote a story on the situation, with the article citing three legal cases on similar issues. The cases, he said, were all in Allen's favor because of intent.

The council, Otwell continued, knew the city is working on an annexation project, with several people wanting to be annexed into the city. When the Allen's began building their new home, they expected to be annexed into the city limits.

Allen's intent, when the family moved out of the city limits, was to return to the city by way of annexation, he said.

However, since the annexation project began, some of those who first wanted to be annexed into Emmet have changed their minds. Otwell said the city will have to go a different route and redraw the plans. But, he added, Allen will be annexed back into the city limits.

There is another option, he said. The position can be split with Allen being hired as an administrative assistant and someone being appointed as the recorder/treasurer. His suggestion, though, was to leave things as they are until the annexation is complete, unless someone sues the city.

A surveyor has already been paid for the annexation project, Otwell said, and the property to be annexed must be tied together. "We should have enough people in favor of it," he said, "to get the annexation passed."

At this time, he continued, there is no clear violation, but if a suit is filed, the city will let the court deal with the issue. In the cases cited, intent played a big part.

But, he said, should the annexation issue fail, the title can still be split. "I hate to mess with what we have, but it's up to the council. I say let it ride until the annexation is done."

Part of the problem, Otwell said, is this is an election year and those residents with axes to grind are sharpening them up now. The silent majority, however, is saying nothing, he said, and will say nothing until election day.

Councilman Rene Sells agreed with the mayor, saying Allen has been doing an excellent job and leaving things as they are is the lesser of two evils.

Jack Faulkner, also on the council, said as long as Allen's intent was to be annexed back into the city limits, nothing needs to be done.

Otwell pointed out the annexation will be done by a vote, but told the council only those in the affected area will be eligible to cast their ballots on the issue.

Former Emmet Mayor Dale Booker suggested striking the discussion of Allen's situation out of the minutes, but said he supports keeping her in office. Otherwise, he continued, the council would be picking and choosing laws to favor a position the board wishes to take.

According to Booker, the article Otwell mentioned didn't include information on Amendment 51, which, he said, states a person needs to be a registered voter in the district to serve as an elected official. Allen, by moving out of the city limits, is not considered to be registered in Emmet, but rather in Nevada County under the law.

However, the issue of domicile, according to the Secretary of State's office, is mixed up in statutory law and the Arkansas Constitution. Because of this, such instances must be settled on a case by case basis in court.

"I like Anita," Booker said, "but legal is legal."

Otwell said the matter will stand as it is, not to be illegal, but to carry on with business.

Booker said the council can't override state law. "If charges are filed, Allen could be fined $500 and given five years in jail."

Still, when the audience was polled, none had a problem with leaving things as they are.

"I want to keep my job," Allen said, "but not cause any problems." She told the council and audience she would resign if it were their wish, but enjoys her work and would like to remain in the position.

In other business, Booker presented information on a proposed emergency services committee to the city's governing body.

He suggested the council appointing someone to head the office, but this person needs some experience in emergency services. This person, he said, needs the authority to respond to any situation and use city-owned equipment and tools if circumstances warrant.

Booker said the city needs to act quickly on this, get a plan in place which will encompass all types of emergencies and have guidelines to be followed by those on the committee.

Otwell said the council will work with Booker on who should head the department, and come back with a recommendation next month.

The council, though, had other ideas and wanted to name a emergency services leader at the meeting underway.

Baker suggested letting Booker head the group as he has done the preliminary legwork and no one else has shown any interest.

Faulkner disagreed, saying he had nothing against Booker, but whoever's in charge of the emergency committee needs to be younger and who can be involved.

However, Booker said he was interested in administrating the program, not actually being in the field on every emergency. Leadership of the group will require more than one person, he told the council, because one person can't be counted on to be on hand at all times for each emergency. A chain of command is needed.