HomeMy WebLinkAbout07-23-96500
Sister Cities Conference Room
City Hall - 500 W. Markham
Little Rock, Arkansas
July 23, 1996 - 3:20 P.M.
The Board of Directors of the City of Little Rock, Arkansas,
met in special session with Mayor Jim Dailey presiding. The roll
was called by City Clerk Robbie Hancock, with the following
Directors present: Directors Sharp, Adcock, Wilson, Hinton,
Hodges, Keck, Joyce and Wyrick - total 7; Absent - Directors
Mason and Kumpuris - total 2.
With a quorum being present, Mayor Dailey declared the Board
of Directors in session and announced the purpose of the special
meeting was to discuss recommendations to Governor Mike Huckabee
for appointment of a Municipal Judge, Second Division (Traffic)
to replace Judge Bill Watt upon his resignation effective July
31, 1996. Governor Huckabee had requested that the Little Rock
Board of Directors recommend four or five candidates that would
be willing to serve the remainder of Judge Watt's term (expiring
December 31, 1996), and agree not to seek this office in the
general election. The Governor's Office had already received the
following list of recommendations as of July 18, 1996: Paul Byrd,
Vic Fleming, Richard Grasby, Pat Hays, Judy Kaye Mason, Chris
Tarver and Herb Wright, Jr. Mayor Dailey said that Vic Fleming
and Judy Kay Mason were not willing to serve as interim judge
because both had already filed petitions as candidates for that
position at the November 5, 1996 General Election.
Mayor Dailey stated he would like to discuss the
recommendations in Executive Session; however, City Attorney Tom
Carpenter does not feel comfortable with the Executive Session.
Director Keck said he felt the Board had set a precedent with the
appointment of David Stewart as Municipal Judge, Environmental
Court, because the Board went into Executive Session to discuss
that appointment. Director Keck then moved to go into Executive
Session to discuss the recommendations and the motion was
seconded by Director Wyrick. (Director Mason was enrolled at
3:25 o'clock P.M.) Director Adcock questioned why Mr. Carpenter
did not think the recommendations should be discussed in
Executive Session. Therefore, Mayor Dailey asked City Manager
Charles Nickerson to call Mr. Carpenter. While waiting for Mr.
Carpenter's arrival, Mayor Dailey asked if Board Members wished
to submit other names for consideration. Directors Hinton and
Wilson submitted the name of Chris Mercer; Director Hodges
submitted the name of Jack Lessenberry. When Mr. Carpenter
arrived at 3:30 P.M., Mayor Dailey asked him to explain why he
did not think the recommendations should be discussed in
Executive Session. Mr. Carpenter stated that the Arkansas
Freedom of Information Act (FOI) states that Executive Sessions
will be permitted only for the purpose of considering
appointments to Boards and Commissions or to discuss personnel
matters. This is a matter of policy, not personnel. Do you wish
to respond to the Governor's request for a list of names?
Director Keck asked why this could not be discussed in Executive
Session, since the Board went into Executive Session to discuss
the appointment of Judge David Stewart as Environmental Court
Judge, and previous Boards did so in making recommendations to
the Governor for the appointments of Judge Munson and Judge Watt.
Mr. Carpenter explained that the Board adopted a Resolution
recommending the appointment of David Stewart, but there was no
Executive Session. Also, Judge Watt was elected Municipal Judge -
Traffic Division at a Special Election, and Judge Munson
(Municipal Court - Criminal Division) was elected at the General
Election, and there were no recommendations from the Board of
Directors. After further discussion, a roll call vote was then
taken on the motion to go into Executive Session to discuss the
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Minutes
July 23, 1996
501
recommendations, and the vote is recorded as follows: Ayes -
Director Keck - total 1; Noes - Directors Sharp, Mason, Adcock,
Wilson, Hinton, Hodges, Joyce and Wyrick - total 8; Abstentions -
Mayor Dailey - total 1; Absent - Director Kumpuris - total 1.
Mayor Dailey announced that the motion to go into Executive
Session FAILED. He then asked for recommendations from Board
Members. Nominations were as follows: Director Adcock - Mark
Hayes; Director Hodges - Jack Lessenberry, W. H. "Sonny"
Dillahunty, and Paul Byrd; Director Keck - Pat Hays; Director
Hinton - Chris Mercer; Director Sharp - Chris Tarver and Herb
Wright, Jr. Director Hodges then moved to recommend all eight
names to Governor Huckabee as candidates for appointment to the
position of Second Division Municipal Court Judge. The motion
was seconded by Director Sharp and adopted by the following roll
call vote: Ayes - Directors Sharp, Mason, Wilson, Hinton,
Hodges, Wyrick and Mayor Dailey - total 7; Noes - Directors
Adcock, Keck and Joyce - total 3; Absent - Director Kumpuris -
total 1. Therefore, Mayor Dailey will submit the names of Mark
Hayes, Jack Lessenberry, W. H. "Sonny" Dillahunty, Paul Byrd, Pat
Hays, Chris Mercer, Chris Tarver and Herb Wright, Jr. to the
Governor's Office as recommended by the Board of Directors to be
considered for appointment to the position of Municipal Judge -
Second Division (Traffic) .
There being no further business to be presented, the special
meeting of the Board of Directors was adjourned at 3:45 o'clock
P.M.
ATTEST: APPROVED:
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City Clerk Robbie Hancock yor Jim Daily
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