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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