City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on September 19, 2019 at the regular meeting place of the City Council. Councilman Bolden delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT TEN (10) ABSENT (0). Others present for the meeting were: City Attorney Stephanie Friedman, Public Works Director Jim Oakley, IT Director Scott Roethlisberger, CDBG Director Theresa Watson, Police Chief John Franklin, Parks and Recreation Director Kevin House, Human Resource Director Charlette Nelson, Planning Commission Chairman Jim Moore, Finance Director Cheryl Erkel, Addie Gibson, Police Captain Kim Lett, Police Captain Smiley, Jerry Sanders, Lida Feller, Director of Downtown Planning and Development Bob Price, Auditor Gerald Clark, Dejuana Sipes, Beverly Elliott, Jeff Twitty, John Ferrell, Lori Johnson, Amanda Erickson, Laura Collie, Mark Stroud, Brian Blevins, David Ryan, Patrick Thomas, Karen and Phillip Carlisle, Hazel Stroud, Donna Weatherford, Mark Smith, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of September 5, 2019 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Elliott moved, seconded by Councilman Bolden that the minutes of the regularly scheduled City Council meeting of 15 August 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: CODE ENFORCEMENT Councilman Ray moved, seconded by Councilman Sansing to approve the regular monthly report as presented for August 2019. Assigned Calls 207 Self-Initiated Calls 423 Follow ups 351 Structures Inspected 9 Meetings/Court Hearings 6 Rentals Inspected 0 Warnings Issued 89 Properties Red Tagged 1 Tickets Issued 5 Search Warrants Served 4 Notice/Letters written 122 Structures Rehabbed 0 Vehicles Tagged 5 Structures Condemned 0 Vehicles Towed 0 Houses Demolished by City 0 Lots posted 0 Houses Demolished by Owner 5 Signs removed 130 Parking Violations 0 Trash cans tagged 0 Grass Letters 104 Basketball Goals 5 Grass Mowed 39 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Ray moved, seconded by Councilman Sansing to approve the regular monthly report for August 2019 from the Jacksonville Fire Department, reflecting a fire loss of $31,000.00 and a savings total of $11,000.00. REGULAR MONTH REPORT/ANIMAL CONTROL Councilman Ray moved, seconded by Councilman Sansing to approve the regular monthly report for August 2019. ADOPTION FEES/FINES $ 690.00 CONTRIBUTIONS 0.00 TOTALS $ 690.00 ROLL CALL: Councilmen: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): City Council Rules and Regulations: Council Member Collins noted that a meeting was held September 12th. He clarified that the legislative branch deadline is Friday at noon and the executive branch will be worked in-house. Mayor Johnson stated that everything should be turned in before close of business on Monday before the Tuesday morning agenda. Council Member Collins stated that the Committee agreed that all committees must be sanctioned in a Council meeting. Council Member Collins moved, seconded by Council Member Traylor that all committees must be sanctioned in a Council meeting. MOTION CARRIED. Council Member Collins moved, seconded by Council Member Sansing that all committee meetings will be scheduled through the City Clerk’s office and all city council members will be included in the notification of date and time. MOTION CARRIED. Council Member Collins related that it was the consensus of the Committee that all minutes from all standing committees will be published on the City website including all standing Commissions. Discussion ensued as to the minutes for the A&P Commission. 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. Council Member Collins moved, seconded by Council Member Bolden that all minutes regarding all City subcommittees and standing City commissions will be published on the City of Jacksonville website. MOTION CARRIED. Fireworks Committee: Council Member Collins related that an ordinance is being proposed for adoption later in the agenda. He stated that closer to New Year’s and July 4th a campaign should be administered so that the citizens are aware it is better for our vets and pets not to have fireworks with loud report. GENERAL: a. PUBLIC HEARING Detachment and Annexation of properties regarding the City of Sherwood and City of Jacksonville Mayor Johnson opened the public hearing at approximately 6:10 p.m. and invited anyone to address the simultaneous detachment and annexation of properties located in the City of Sherwood and City of Jacksonville. With no one wishing to speak for or against, Mayor Johnson closed the public hearing at approximately 6:11 p.m. b. PRESENTATION 2018 CAFR and Audit by McAlister & Associates Gerald Clark of McAlister & Associates presented the annual audit report as follows: It is my privilege tonight to present the Comprehensive Annual Financial Report “CAFR”) for the City for the year ended December 31, 2018. Calendar year 2018 marks the 22nd consecutive year that the City has prepared a Comprehensive Annual Financial Report. The report was prepared by the City’s Finance Department. It contains financial statements audited by the City’s auditing firm, McAlister & Associates, P.A., CPAs, and also pertinent financial, economic, demographic, and statistical information related to the City of Jacksonville over a ten-year period. The purpose of the report is to provide the City’s elected officials, citizens, bondholders and other interested parties with detailed information concerning the City’s operations and financial position. Each year since 1997 and including the 2017 report, the City’s CAFR has received the Certificate of Excellence in Financial Reporting awarded by the Government Finance Officers Association of the United States and Canada (GFOA). The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local government financial reports. The 2018 Comprehensive Annual Financial Report has also been submitted to GFOA for award consideration. Independent Audit The City is responsible for the accuracy, completeness and fairness of the data presented in the CAFR. The report is prepared by the City’s Finance Department in accordance with standards prescribed by the Governmental Accounting Standards Board (GASB), the Government Financial Officers Association of the United States and Canada (GFOA) and other rule-making bodies. The City is also responsible for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the financial statements. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. Our responsibility as auditors is to conduct the audit in accordance with generally accepted auditing standards and government auditing standards; express an opinion on the City’s financial statements; and gather sufficient evidence to provide a basis for our audit opinion. Based upon our audit, we have rendered a “clean”, or unmodified opinion on the City’s financial statements for 2018. Management Letter We have issued a formal management letter, included with the annual report, which is a customary byproduct of the audit process and is intended to provide management with suggestions and guidance in the ongoing effort to improve internal controls. The management letter contains two comments related to the 2018 audit. FINANCIAL HIGHLIGHTS The City’s Statement of Net Position indicates total assets of the City were $61M at the end of 2018. Of the total assets, $49M was the City’s investment in capital assets, $6.9M was cash and cash equivalents, and $5.7M were accounts receivable and other assets. Total liabilities of the City were $35M at the end of 2018. Of this amount, $32.7M were long-term obligations due beyond one year and $2.5M were considered current liabilities due in one year. Total assets exceeded total liabilities by $30.4M at the end of 2018. The amount by which assets exceed liabilities is referred to as the City’s “Net Position”. Net position is essentially composed of three components: the largest of which, for the City, is its investment in capital assets such as land, buildings, infrastructure, and machinery and equipment. This amount at the end of 2018 was $41M or 134% of total net position. These capital assets are used to provide services to the community and, as a result, they are not available for future spending. An additional portion of the City’s net position is subject to external restrictions as to how the funds may be used, such as street and grant funds. At the end of 2018, the City’s restricted net position totaled $5M or 17% of the total net position of the City. The City’s unrestricted net position at the end of 2018 was a deficit balance of $15.5M. The Statement of Activities indicates total revenues of the City for 2018 were $27M, while total expenses for 2018 were $28.3M. Overall, expenditures exceeded revenues by $1.3M in 2018, resulting in a decrease in the City’s total overall net position for 2018. The City’s governmental funds (General Fund, Street Fund, all funds except the Pension Trust Funds and the Enterprise Funds) reported total 2018 revenues of $23M, virtually unchanged from 2017 revenues. Expenditures of the governmental funds were $21.3M, down $750K or 3.5% from 2017. The net position of these funds increased by approximately $1.3M during 2018. Sales tax revenues which account for 61% of all City revenues were $13.9M in 2018. This amount was a slight decrease of about one half of one percent from 2017 sales tax revenue. A category called intergovernmental revenues which includes State tax turnbacks and grants is the City’s second largest revenue source. Intergovernmental 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. revenues totaled $4.69M in 2018, which also was down slightly from $4.74M in 2017. Utility franchise taxes also decreased in 2018 coming in at $1.08M or just under 5% of total revenues. The City’s General Fund finished 2018 with a fund balance of $2,002,862, which was an increase of $1,001,649 from the December 31, 2017 fund balance. This increase essentially doubled the General Fund fund balance from 2017. General Fund revenues of $19,662,000 were $274,000 under budgeted revenues for the year, while General Fund expenditures of $17,531,000 were $1,147,000 under budgeted expenditures for 2018. As a measure of the General Fund’s liquidity, it is useful to compare total General Fund fund balance to total General Fund expenditures. The fund balance of $2,002,862 at December 31, 2018 represents approximately 11.4% of 2018 actual General Fund expenditures and approximately 10.1% of 2019 General Fund budgeted expenditures. As a general policy, the City’s minimum target at the end of a fiscal year for the fund balance of the General Fund is 60 days (16%) expenditures based on the most recent completed year. At the end of 2018, the balance on hand was approximately 36 days of 2019 budgeted General Fund expenditures. This was up from 18 days of reserves at the end of 2017. Conclusion In conclusion, I encourage you to read the Management’s Discussion and Analysis included in the financial section and beginning on page 15, and also the notes to financial statements which begin on page 47. The MD&A analyzes the City’s financial performance for the year, provides comparisons of the current year results to the prior year, and discusses both the positive and negative aspects of the comparison. The notes to the financial statements provide required detailed disclosures and descriptions of the financial statements. The preparation of this report would not have been possible without the dedication and committed services of key staff in the City’s Finance Department under the leadership of Finance Director Cheryl Erkel. I would like to express our appreciation to all City staff who assisted us in the audit and whose efforts resulted in a timely and successful completion of this year’s report. Finally, we want to express our appreciation once again to the City and the Council for allowing us the opportunity to serve as the City’s auditors. We very much value our business relationship with the City of Jacksonville. c. APPEAL HEARING 201 North First Street Mayor Johnson announced that the Appeal Hearing would be tabled until the next regularly scheduled City Council meeting. d. ORDINANCE 1614 (#21-2019) AN ORDINANCE REPEALING JACKSONVILLE MUNICIPAL CODE 8.16.030; REMOVING ABILITY FOR FIREWORKS DISPLAY ON PRIVATE PROPERTY AND, FOR OTHER PURPOSES. Councilman Bolden moved, seconded by Councilman Collins to place Ordinance 1614 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1614. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. Council Member Collins related that the original ordinance only addressed professional displays, other than Class C fireworks, on private property. He stated that the ordinance never allowed private Class C level fireworks displays. He related that the Committee has recommended the appeal of that part of the City Code. Councilman Bolden moved, seconded by Councilman Elliott to approve Ordinance 1614 on FIRST READING and SUSPEND THE RULES to place Ordinance 1614 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Mashburn to further SUSPEND THE RULES and place Ordinance 1614 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Bolden moved, seconded by Councilman Sansing to APPROVE AND ADOPT Ordinance 1614. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Sansing that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Council Member Collins pointed out that Ordinance 1614 (#21-2019) does not have an emergency clause. ORDINANCE 1614 (#21-2019) APPROVED AND ADOPTED THIS 19th DAY OF SEPTEMBER, 2019. e. RESOLUTION 787 (#10-2019) A RESOLUTION AUTHORIZING THE CITY COUNCIL TO CENSURE COUNCIL MEMBERS TARA SMITH, GARY SIPES, MARY TWITTY, AND CITY CLERK SUSAN DAVITT, AND RESPECTFULLY REQUESTING THAT MS. SMITH RESIGN FROM THE CITY COUNCIL. Council Member Sansing moved, seconded by Council Member Bolden to read Resolution 787 (#10-2019). Roll Call: Council Members Elliott, Bolden, Sansing, Traylor, Collins voted AYE. Council Members Sipes, Ray, Mashburn, Twitty, Smith voted NAY. Mayor Johnson broke a 5 to 5 tie with an AYE vote. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 787 (#10-2019). Council Member Terry Sansing read from the following prepared statement: “You all should know that I did not discuss this with any of my fellow council members. I took this action unilaterally. I wrestled with the decision. When I decided to proceed, I discovered that it was a forgone conclusion, it was a no brainer. All of us need the political moral fiber to do the right thing. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. When I asked for this to be put on the agenda it was two weeks to the day since I had gone to the Prosecutor. I had heard nothing back, until yesterday. The Prosecutor chose to chastise and warn ALL elected officials in Jacksonville. Not just the ones involved in the “secret meeting”. I find this insulting, the rest of us had nothing to do with it. I think the paper may have been correct in its assessment of the relationship between some participants in the “secret meeting” and the County Prosecutor’s Office. I have heard the rumors and comments from the people that the council will just give this lip service. I want the citizens to understand that this will not be swept under the rug. We, on the council have a chance to prove to the people that we do not condone private meetings to discuss public business. We will attempt to clean up our mess, but we can only do what the law allows us to do. We are still dealing with issues created by the “secret meeting”. Some elected officials are still creating a hostile work environment within city government, trying to smear employee’s names and reputations. An elected official is using FOIA requests as a smokescreen to distract from their own wrongdoing and as a weapon to create rumors designed to harm reputations and undermine the public trust. These practices are dishonest, distasteful and morally reprehensible. They must stop. It is time for the council to show the citizens that we are worthy of their trust. Those named in the Resolution should recuse themselves from voting on it. I urge the rest of the council to vote for the Resolution and show the citizens we do have the integrity and moral fiber to do the right thing.” Council Member Ray stated that in our political life, some of us, down the line have omitted this law. We have met with each other, talked with each other, in our conversations we have done City business and no one has said anything about it. I think we should forgive each other for this kind of thing. Jesus said if anyone is not guilty, cast the first stone; no one in here can cast the first stone. He said forgive our fellow man, it happens, it happened to us all. I remember one newspaper reporter sitting here one night and four of us stood in the corner over there talking, and he went to his boss and said “Boss, they were taking care of City business.” His boss said just let it alone because it is more trouble to try to defend this thing than to prosecute it. He stated that we can forgive each other for small infractions, we can forgive each other every day, it happens to us. He said you all know when you go to the restaurants, or where every you met each other you just start talking that kind of thing. Council Member Twitty stated that not one person here has asked her about her involvement in a secret meeting. My name has been thrown all over social media and in the newspaper without even asking me one question of my involvement, for that I am insulted. You talk about friends? No, this has been a show for the social media. We have a job to do and we need to all do it together. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. Council Member Sansing and Twitty engaged in a short simultaneously retort, it was not possible to decipher. She addressed Council Member Sansing directly stating that she was never asked but accused. You want me to apologize for something you know nothing about where I’m involved. You never asked me one question, not once, you have my phone number. Everyone on the City Council has my phone number. I’m a volunteer throughout the City for many years, everyone has my number. One phone call is all it would have taken; you would have known my involvement. Mayor Johnson called for everyone to calm down. Council Member Sipes stated that he had promised his attorney that he would not speak, but this has gone a little too far, because of possible civil actions that may be taking place. I want Mr. Sansing to understand the newspaper sometimes doesn’t get it right. He did not get it right, because I have not contacted Larry Jegley period. You need to ask questions before you accuse. I have been in law enforcement for 40 years, you are not the prosecutor, and executioner; you have to do a little investigation. State Police turned you down to do an investigation because they said it was frivolous. You need to get your facts straight before you start making these accusations. I got on the City Council thinking we could work together as a Council, I will not sit on the Council for 28 and sit on my “duff”. If I can’t do anything in my 4 years, I’ll get off, I will not sit here 28 years and do nothing. Council Member Collins stated that as he has been briefed about our ability to have meetings, even us calling and asking Mary about this would have constituted a meeting. I’m getting an up and down from the City Attorney. Council Member Twitty stated I was informed, No, sir, it is not; unless it was going to be on the agenda, it would not have been a problem. That is what I was informed of. Council Member Collins replied, I understand that but… Council Member Twitty stated you can call the paper and ask them. Mayor Johnson asked everyone to refrain from arguing, he opened the floor for Council Member Collins. Council Member Collins stated that our City Attorney has been briefing us, saying we really don’t need to talk about business together, basically we can exchange the greeting of the day and that is about all we get, other than what we do at a public meeting and I don’t like that, and I sure as heck didn’t like getting this note from the Prosecuting Attorney that said I am doing something wrong. I didn’t do anything wrong. 8  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. Council Member Twitty responded that she did not do anything wrong either, sir. Mayor Johnson intervened, saying if you have anything to speak, wait your turn. Council Member Collins stated that he spent a long time having to deal with this in my job of 24 years in the Military and it’s kind of an insult to me to get something from somebody that doesn’t know me and didn’t do any investigating as far as I can tell. And not even the courtesy of it being a registered letter. I didn’t like anything that happened with this, that is all I have. Council Member Traylor stated that he wants to appreciate all of the Councilman that voted yes on reading this Resolution, I think everyone has said what they feel, what I would like to do now if everyone is ready, let’s vote on this and put it behind us. Council Member Barbra Mashburn read the following prepared statement: “Society today has the belief that people, or things are bad because of the way they seem, some people seek to domineer everything around them with forwardness thinking, some presume to have the town’s interest at heart, some confuse the issues. No one can control what others do, but we all can control the consequences, we all need to work together of the common good of this City. Just remember Judge not, that ye be judged (Matthew 7:1). I pray that the healing of our City starts tonight. Council Member Ray called for the vote. Council Member Sansing moved, seconded by Council Member Traylor to approve Resolution 787 (#10-2019). Council Member Ray called for a roll call vote. Roll Call: Council Members Elliott, Bolden, Sansing, and Collins voted AYE. Council Members Sipes, Ray, Mashburn, Traylor, Twitty, and Smith voted NAY. MOTION FAILED. Mayor Johnson stated that now this is over, I like to say we are going to set up FOIA training here at City Hall and the public is welcome to attend. It is time for us to go forward, it is time for us to go with unity and transparency, realizing that we have some departments that need some help and work. Let’s work together as a team and let’s get this City on its right track and do it with the integrity and transparency that we need to do. Council Member Elliott stated that he agrees with Council Member Ray, but also we have to stop this bickering back and forth. Some of the City employees are getting tied up so much with FOIA they cannot even conduct 9  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. business because they are getting so many FOIA request on everything. Somehow we have to heal that and go on with business and quit trying to cut each other down constantly. APPOINTMENTS: UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: Mayor Johnson announced that FestiVille will be on the 27th and 28th at Dupree Park. He added let’s put this bad stuff behind us and go forward, going into 2020 with a different view of what we are doing. He then related that he was called regarding the sidewalk construction on Military Road and while it backs up traffic because they are only using one lane, he reminded everyone that it is only temporary. He stated that detour routes were considered but because 18 wheelers use that Road we do not want to send 18 wheelers through neighborhoods so we are not going to set up a detour route. He noted that it is between Park and Chapel Ridge Apartments. It was estimated that it would take approximately 90 days. Rachel Richter stated “I have lived here for 16 years, I have placed implicit trust in the members of the City Council and the Mayor, whoever he may be. As a recent incident that have happened instead of going off script, I wrote this one.” Rachel Richter read the following prepared statement: “As a citizen of the good town of Jacksonville I would like it to be known that I am appalled at the recent conduct of City Officials. With secret meetings, politics on the “down low”, etc., we all know what this is in reference to. I am unable to find the words to describe my distaste and disgust for their dishonesty. I ask the citizens of Jacksonville and other members of the council how on earth we can let this continue with a simple, “I’m sorry” apology; I for one find it impossible to accept a simple apology for these actions. With that I respectfully request that all those involved, if they have a shred of honesty in their body, step down and resign for the better of the community.” Brian Blevins expressed appreciation for letting the citizens talk. “Jacksonville is my home; it has been my home for 22 years. I have defended it both in the City, I have defended it online in social media, I have defended it outside the City when people have said all this crazy stuff about us. I am one of those people that were talked about that made this information available on social media. I do want to state though, that after looking at all the evidence, 100% Mary Twitty is only guilty of being there for her friend, I honestly believe that and I just want to state that for the record. Being a person that defends the City and thinks highly of the City, I just cannot believe that the people that were elected would go and have a meeting behind in secret behind the Mayor’s back, especially when they supported the Mayor who is all about transparency, and like you wanted to do it in secret. And, it’s more than just the FOIA, it’s about the lies, like 10  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. you adamantly defended it till the zero hour until it was brought to light that you were caught. And, then you, we had one apology and the one apology was just a half, like apology – non-apology to throw the Mayor under the bus. Ya know, Mr. Ray you said that you know everybody’s done this and ya know everybody has had problems, you guys are supposed to be better than that. That’s why we voted for you. You are supposed to be better than that. Ya know that fact that this didn’t go through, I mean, it’s kind of insulting to all the people in this City that voted for you. I can’t understand, number one, why you would even want to stay in a situation to where you’re going to be ridiculed with every decision that you make. Like, you are going to have an asterisk on everything you say from now on. You failed this City today. I’m in Ward 2, Gary Sipes I didn’t want to give you the benefit of the doubt but ya know, like, when you got elected, I was like, alright fine we are going to have somebody that’s gonna be good in here. Like, you were a police chief. Like, you know these rules. I mean it is obvious by your text messages and your conversation, that you knew you were doing something wrong and you hid behind the guise that “Oh well, maybe they won’t prosecute me or hey, maybe they won’t do anything”. And, you were right, you were not the one that said that they said that contacted Jegley, it was definitely Captain Smiley who is the one who said that in the text messages. You were definitely right, you were not the one, the paper did have it wrong. But, you know what, that’s one thing they did wrong and you guys did so many things wrong. You failed this City, and you failed me, someone who had your back 100%. I don’t know what else to say. Police Lieutenant Robert Washington read the following prepared statement: “My name is Lieutenant Robert Washington and I come to you today as 21 year retired vet from the Air Force, 15-year veteran of the Police Department, President of the Jacksonville FOP and as a private citizen. Today I am not representing anybody but myself. I will say one thing about the FOP, we don’t condone any misconduct by any City leader. Myself and several of my fellow officers are here primarily tonight to show moral support for Councilman Smith. It is to my knowledge that whatever she was alleged to have done, she admitted that she did it and it is up to you as a city council to determine what actions to take. I remember not long ago the City of Jacksonville had a Police Department that was in peril. After Chief Sipes left office, there were acts of racism that went unpunished, there was retaliation for whistle blowers that was condoned by HR, supervisors were bullied by their Chief. Fast forward, you guys as the City Council and the Mayor condoned the hiring and retaining of a Chief of Police that had been convicted and jailed for lying during an official police investigation, where he was involved in a drunk driving accident, left the scene of the accident and reported his vehicle stolen. Even though the circuit courts later ruled that he had to step down from office, you as a city council approved Resolution 755, authorizing the appeal to that ruling, which cost the city an untold amount of money. All this, while several highly qualified candidates were disqualified because of who they knew or who they were friends with. 11  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2019 6:00 P.M. – 6:56 P.M. After the Arkansas Supreme Court issued its ruling, Mayor Fletcher and you as a City Council hung that officer out to dry and created a new position that allowed City Attorney Robert Bamburg, who had no law enforcement experience, to operate as the director of the Police Department. You stood by quietly while Mayor Fletcher and Mr. Bamburg dismantled the Police Department one by one, all because one of the detectives found our newly hired Chief of Police on Mugshots.com. One of you even met with me on a Halloween night and delivered a message specifically for me and two of my coworkers; that message said going up against the city was “Career Suicide”. “Tell your officers to keep a low profile and I’ll get you a meeting with the Mayor”. That meeting NEVER HAPPENED. Because you as a City Council refused to stand up to Mayor Fletcher, our Police Department went from approximately 80 sworn officers to 43 sworn officers. Those Officers that Mr. Bamburg could not runoff, he and Mayor Fletcher fired, while the City Council stood by silently. The sad part is that it took three lawsuits to get your attention. Had it not been for Councilman Smith and several brave police officers that filed suit against this City, Chief Franklin would not be here, and only God knows where this Police Department would be. None of us are perfect, no not one of us. You guys already did the right thing by not passing the Resolution. Instead of asking Councilman Smith to resign, you should be giving her an award because whether you know it or not, she saved your Police Department”. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 6:53 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 12