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RESOLUTION Na. 755 (#48 — 2017)
A RESOLUTION DIRECTING AND SUPPORTING AN APPEAL OF THE
JUNE 29, 2017 ORDER IN THE MATTER OF SMITH V. CITY. ET.AL.,
DECLARING SUPPORT OF MAYOR FLETCHER, CITY CLERK DA VITT,
AND CHIEF HERWEG; AND, FOR OTHER PURPOSES.
WHEREAS, in the matter of Smith v City of Jacksonville, Mayor
Fletcher, City Clerk Davitt, and Chief Helweg, Pulaski County Circuit No.
60CV17-2084, the City had t=iled a Motion to Dismiss the Complaint and
objections to Plaintiff's Request for Preliminary Injunction;
WHEREAS, despite argument and legal precedent otherwise presented
by the City, on June 29, 2017, Judge Alice Gray entered an Order Denying
the City's Motion to Dismiss. and Granting Plaintiff's Preliminary Injunction.
In doing so, Judge Gray declared Chief Herweg unqualified and temporarily
removed him from the position of Chief of Police, applying a provision of the
Arkansas Constitution that was written and case law shows is intended for
elected officials found guilty of certain criminal offenses;
WHEREAS, Mayor Fletcher has directed the City Attorney to file an
Interlocutory Appeal of said ruling, and the City Council joins in sponsorship
of that directive, noting our support of Mayor Fletcher, City Clerk Davitt, and
Chief Herweg in their actions defending the claims made in that lawsuit;
WHEREAS, we agree with Mayor Fletcher that the Jacksonville Police
Department is filled with professional law enforcement personnel with all
levels of experience and expertise capable of maintaining the highest level of
professionalism in their continued protection and service to the citizens of
Jacksonville so that no citizen experiences a difference in public safety; and,
WHEREAS, we pledge support to both our Police Department and
Chief Herweg for a prompt resolution and reversal of Judge Gray's Order so
that Chief Herweg and the Department can resume their duties without
these unwarranted distractions and frustrations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OFJACKSONVILLE, ARKANSAS, THAT=
SECTION ONE: We hereby encourage and urge all efforts for
--- an appeal and successful reversal of the Juane 29, 2017 Order entered in the
matter of Smith v. City of Jacksonville, etal. In addition, we support Mayor
Fletcher, City Clerk Davitt, and Chief Herweg as they continue in their
defense of this meritless litigation.
Resolution No, 755 (#08 — 2017)
Page Two
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SECTION TWO: We further support Chief Herweg as he
continues to serve the citizens of Jacksonville in a temporary administrative
position, using his Masters of Public Administration to benefit our City until
he can be promptly and properly returned to the positon of Chief of Police.
SECTION THREE; This Resolution, being necessary for the
betterment of the public utility and in the continuing purpose of protecting
the public's health and safety, shall be in effect from and after its date of
adoption.
SECTION FOUR: Any other Resolutions in conflict herewith
are hereby repealed to the extent of said conflict. This Resolution shall be in
effect from and after its date of passage.
APPROVED AND ADOPTED THIS eH DA Y OF]UL Y, 2017.
CITYOF]ACKSONVILLE, ARKANSAS
MAYOR