City Council

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 Allegiancen 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. 1 OOO'O:J1  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 2 000002