0787RESOLUTION NO. 787 (#10 - 2019)
A RESOLUTION AUTHORIZING THE CITY COUNCIL TO CENSURE
COUNCIL MEMBERS TA RA SMITH, GARYSIPES, MARY TWITTY, AND
CITY CLERKSUSAN DA VITT, AND RESPECTFULL YREQUESTING THA T
MS. SMITH RESIGN FROM THE CITY COUNCIL,
WHEREAS, the Arkansas Freedom of Information Act (FOIA) was passed with the
intent "that public business be performed in an open and public manner so that the
electors shall be advised of the performance of public officials and of the decisions that are
reached in public activity and in making public policy." FOIA is codified at Ark. Code Ann.
§§ 25-19-101 through -110; and
WHEREAS, Ark. Code Ann. §25-19-106(b)(2) requires a person calling a special or
emergency meeting of a governing body to notify representatives of the press at least two
(2) hours before the meeting takes place in order that the public shall have representatives
at the meeting; and
WHEREAS, Ark. Code Ann. §25-19-106(d)(1) states public meetings shall be
"recorded in a manner that allows for the capture of sound"; and
WHEREAS, Council Members Smith, Sipes, and Twitty along with City Clerk Davitt
met on August 15, 2019 to discuss Jacksonville Police Department salaries. Council Member
Smith arranged the meeting, telling at least one party that "three of us will be there to
discuss step pay on the down low. At this meeting, the press was not notified nor was the
meeting recorded as required by Ark. Code Ann. §§25-19-106(b)(2) and (d)(1).
WHEREAS, Smith later publically apologized, acknowledging that she did not notify
the press before the meeting. Council Members Sipes and Twitty along with City Clerk
Davitt have failed to admit involvement with the illegal meeting; and
WHEREAS, Ark. Code Ann. §25-19-104 states that "any person who negligently
violates any provisions of [FOIA] shall be guilty of a Class C misdemeanor"; and
NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY
OFJACKSONVILLE, ARKANSAS, THAT.-
SECTION ONE; The Jacksonville City Council is authorized to issue an
official verbal reprimand to City Clerk Davitt and Council Members Smith, Sipes, and Twitty
immediately after this resolution is passed;
SECTION TWO; The Mayor is authorized to issue a formal public letter of
RESOLUTION NO, 787 (#10— 2019)
PAGE TWO
censure; and
SECTION THREE: The Jacksonville City Council respectfully requests that City
Council Member Smith resign from her position with the City of Jacksonville effective
immediately.
APPROVED AND ADOPTED THIS DA Y OF SEPTEMBER 2019.
MA YOR BOB JOHNSON
ATTEST.• APPROVED AS TO FORM:
SUSAN DA VITT, CITY CLERK STEPHANIE FRIEDMAN, CITYA TTORNEY
FAILED FOR APPROVAL 09/19/2019