Who Was Responsible for Denying Our Constitutional Right to Vote?

On June 29, 2009, referendum petitions were submitted to the Searcy City Clerk Peggy Meads. Over 1200 Searcy voters signed the petitions, so they could vote for or against the A&P tax. These petitions contained several hundred more signatures than the required minimum number to refer the A&P tax ordinance to a vote of the people. In her capacity as City Clerk, Peggy Meads "certified the sufficiency of signatures on the petitions." Mayor Belinda LaForce and the Searcy City Council chose to ignore those petitions, and denied our referendum petition rights established in Amendment 7 of the Arkansas Constitution.

A 1948 ordinance setting the deadline for the filing of referendum petitions 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"City adopted a new Code of Ordinances by Ordinance 519 (in attachment above)  I believe this Ordinance repealed all other ordinances except those specifically listed in the ordinance.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)

So, according to Mayor Belinda LaForce the 1948 Ordinance 303 was repealed by Ordinance 519, and, therefore, it did NOT apply to the A&P ordinance. Despite this, Mayor LaForce and the City Council chose to disregard the petitions.

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 In a hearing on September 30, 2009, for that lawsuit, Judge Tom Hughes ruled the 1948 Ordinance 303 WAS REPEALED by Ordinance 519, and a March 27, 2010, Daily Citizen article reminded readers that this meant "the petitions were filed in a timely manner" (emphasis added).

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.

In November 2009, Aldermen Dale English and Jim Dixon were deposed in preparation for a hearing for the lawsuit to compel the City to hold the constitutionally-required election. In both Alderman English's deposition and Alderman Dixon's deposition, Greg Niblock reminded them of Judge Hughes' ruling that the petitions were filed in a timely manner. In his deposition, Alderman English testified that he was present at the September 30 hearing, and he understood Judge Hughes' ruling that the petitions were filed in a timely manner. He had acted in the October City Council meeting to continue blocking an election anyway.

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. Ironically, he voted against his own motion.

Our constitutional right to vote should not be denied us by our elected officials, especially in cases like Mayor LaForce and Alderman English who did so knowing it was contrary to the law and our state constitution.