Clark County justices disagree over public comment ordinance

By JOEL PHELPS | arkadelphian.com

A Clark County ordinance regulating public comment will head to its final reading and adoption, but it’s not getting there without pushback from one justice of the peace.

Sponsored by District 7 Justice Jenna Scott (R-Joan), the ordinance amends a 2007 ordinance and would require citizens who wish to address the Clark County Quorum Court about an agenda item to submit a request to the county clerk within 24 hours of the agenda’s preparation.

The county clerk prepares the meeting agenda based on items submitted by justices of the peace, the county judge and other elected officials.

District 4 Justice Albert Neal (D-Arkadelphia) said the proposal “makes it harder for taxpayers to come and speak to us … I think it’s wrong to make it harder for them to speak to us when they are paying the taxes.”

Scott argued the language within the amended ordinance is “not the intent.”

Find the ordinance in the file below. It’s on pages 7-8.

Scott added that the ordinance mandates citizens to address the court about “relevant” matters. “It also gives [citizens] the opportunity to … talk to us specifically about things we will be addressing.”

Scott argued that the ordinance gives citizens a chance to address the court when there is an agenda item calling for an emergency clause or suspension of the rules. “We have not had that available to people in the past,” she said.

Neal countered by saying, “I think the way we’re doing it [now] is not broken, and I don’t think it needs fixin’.”

Neal cast the only dissenting vote for hearing the second reading and for placing the ordinance on its third and final reading next month.

Bruce Bell talks tax incentives

There was public comment Monday that, had the ordinance been in effect, would likely not have been allowable under the new rule. There was nothing on agenda pertaining to the county’s voter-approved 1/2-cent economic development sales tax.

Bruce Bell, president of NAACP’s Clark County chapter, questioned justices individually about whether they would favor granting tax incentives to businesses if it were allowed by law.

County Judge Troy Tucker interrupted, saying it wasn’t proper procedure for Bell to ask justices questions, as he was there, rather, to  address them.

Bell continued anyway, asking justices one-by-one (skipping over Jimmy King and BJ Johns) how they felt. Four justices (David Forthman, Albert Neal, Vanilla Hannah and Michael Ankton) favored incentivizing businesses with tax funds “if it was lawful”, while three (Tracy Ellis Drake, Andrea Angle and Wayne Baumgardner) said there was “not enough information” to opine. Jenna Scott declined to answer based on Tucker’s response that Bell’s inquiry wasn’t appropriate, and Zach Bledsoe was absent from the meeting.

Bell then asked the court to define a contract of services and when it began implementing said contracts. With no answer, he turned to county Attorney Todd Turner, who said a contract is an “equal consideration on both sides.”

Neal, a justice of the peace for nearly 30 years, said he had no recollection of ever implementing a contract of services “until recently.”

As Bell’s 5-minute window to address the court ended, he implored the court to consider using general tax funds — rather than the 1/2-cent sales tax — to service businesses.