20 JAN 31 SPECIAL
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
JANUARY 31, 2020
6:00 P.M. – 6:05 P.M.
SPECIAL CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in special session
on January 31, 2020 at the regular meeting place of the City Council.
Council Member Bolden delivered the invocation and Mayor Johnson led a
standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: City Council Members: Bolden, Sipes, Sansing, Mashburn, Traylor,
and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring
a quorum. PRESENT SIX (6) ABSENT (3) ONE SEAT VACANT. Council Members Ray,
Twitty and Smith were absent.
Others present for the meeting were: City Attorney Stephanie Friedman, Johnny
Simpson, Rizzell Aaron, Rolanda Robinson, Reginald Ford, Sara Everett,
interested citizens, and members of the press.
PRESENTATION OF MINUTES:
APPROVAL AND/OR CORRECTION OF MINUTES:
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENTS:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. Proposed Consent Order
City Attorney Friedman informed the City Council that Patricia Young, the
sister of Ledell Lee, sent a FOIA request to the City of Jacksonville for the
release of physical evidence. She continued saying that it is her legal
opinion that we cannot release physical evidence for public inspection
because that would prevent any other citizen from obtaining the same
evidence. Ms. Young then filed suit in Pulaski County Circuit Court, the
initial judge recused so now it is in Judge Griffin’s Court. Judge Griffin
set an emergency hearing for Wednesday @ 10:00 a.m. Opposing counsel sent
her a proposed order that she has shared with the City Council today,
basically changing what they are asking for. She explained that instead of
asking for this under the Freedom of Information, they are basically just
asking for it to be tested. Jacksonville would send this evidence off to be
tested at a mutually agreed upon facility and then the results would be
shared with Ms. Young and her counsel. She clarified that the difference
would be that we are not handing over the physical evidence, we are only
getting it tested and then sharing those results.
Mayor Johnson stated that he wants to make sure that the chain of custody
regarding the physical evidence will be protected under the new request.
City Attorney Friedman concurred that it would be.
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CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
JANUARY 31, 2020
6:00 P.M. – 6:05 P.M.
In response to a question from Council Member Sipes regarding whether the
testing laboratory would be in-state, City Attorney Friedman stated that we
have not gotten that far yet. She added that they have not discussed testing
facilities.
Mayor Johnson clarified that City Attorney Friedman is asking for the City
Council to give her permission to settle this lawsuit in this manner. He then
explained that opposing counsel is having a lot of people flying in from out
of State so if we could have it tonight and get a decision.
Council Member Traylor commented that this is more about the lawsuit than
what is going to be done with the physical evidence.
Mayor Johnson stated that this is basically settling the lawsuit.
Council Member Traylor asked City Attorney Friedman if they had come to you
with this proposal originally, could you have done this?
City Attorney Friedman stated that originally, they came to her with this
request, but under the Freedom of Information Act.
Council Member Traylor confirmed that he was talking about the amended
request.
City Attorney Friedman stated that she would have felt more comfortable
coming to the City Council because they presented this settlement agreement,
she added that she felt it was her duty to present it to the City Council so
you can make that decision.
Mayor Johnson added and to let the public know, it is part of being
transparent to let the public know what we are doing and why.
Council Member Traylor moved to approve the Proposed Consent Order as
presented. Council Member Bolden seconded the motion. ROLL CALL: Council
Member Bolden, Sipes, Sansing, Mashburn, Traylor, and Collins voted AYE.
MOTION CARRIED.
ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at
approximately 6:05 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR BOB JOHNSON
City Clerk-Treasurer
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