HomeMy WebLinkAbout124611 RESOLUTION NO. 12,461
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3 A RESOLUTION TO SUPPORT THE EFFORTS OF THE PULASKI COUNTY QUORUM
4 COURT TO OBTAIN CAPITAL FINANCING FROM THE ARKANSAS GENERAL ASSEM-
5 BLY TO REPLACE THE ROOF AT THE PULASKI COUNTY CORRECTIONAL FACILITY;
6 AND, FOR OTHER PURPOSES.
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8 WHEREAS, the Sheriff of Pulaski County, Arkansas, Charles "Doc" Holliday, has informed the Pu-
9 Laski County Quorum Court that the condition of the roof over a portion of the Pulaski County Regional
10 Detention Facility ( "the Facility ") has become so deteriorated that there is a danger of collapse; and,
11 WHEREAS, this section of roof covers an area of the jail that houses 162 of the 880 prisoners being
12 held at the Facility; and,
13 WHEREAS, the Facility often holds persons sentenced to imprisonment in the Arkansas Department
14 of Correction who are awaiting transfer to prison facilities, or who have been returned to Pulaski
15 County for trial; and,
16 WHEREAS, there are additional state prisoners held in the Facility while they await mental evalua-
17 tions at the Arkansas State Hospital; and,
18 WHEREAS, there are also persons charged or convicted of federal offenses who are housed in the
19 Facility while they await transfer to other federal detention facilities; and,
20 WHEREAS, as a result of the space taken by state prisoners, and the danger of a collapsed roof on
21 another part of the jail, it is often necessary to house persons accused of dangerous felonies in portions
22 of the Facility that are not as secure as the area under the damaged roof; and,
23 WHEREAS, it is believed that the repair and replacement cost for this damaged roof at the Facility
24 is approximately one million five hundred thousand ($1,500,000.00) dollars; and,
25 WHEREAS, the City of Little Rock believes that the custom and practice of the State of Arkansas in
26 utilizing the Facility to hold state prisoners for various periods of time after conviction of state felonies
27 before accepting their transfer to the state prison system, for holding prisoners in the Facility while
28 awaiting mental evaluations, and for holding state prisoners in the Facility for other reasons, takes this
29 situation outside of those rejected by the Arkansas Supreme Court in Weiss v. Wilson, 2006 WL
30 36277733 (December 14, 2006);
31 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
32 ROCK, ARKANSAS:
33 Section 1. The Board of Directors of the City of Little Rock, Arkansas, supports the efforts of the
34 Pulaski County Quorum Court, and Pulaski County Sheriff Charles "Doc" Holladay, to obtain capital
35 monies of one million five hundred thousand ($1,500,000.00) dollars from the 85th Regular Session of
[PAGE 1 OF 2]
Resolution to Support Capital Request from 85" General Assembly to
Repair and Replace Roof at Pulaski County Regional Detention Facility
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the Arkansas General Assembly to fund the repair and replacement of the roof at the Pulaski County
Regional Detention Facility ( "the Facility ").
Section 2. Because the use of the Facility by the State of Arkansas to house persons convicted of
state felonies is a regular custom and extends to holding persons being detained for mental evaluations
at the Arkansas State Hospital who might not even have been charged with an offense in the Pulaski
Circuit Court, the Board of Directors believes that such a capital request would be a matter of state
concern and not simply local concern and, therefore, would not violate the prohibition in Amendment
14 to the Arkansas Constitution against special or local legislation.
Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause,
phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such decla-
ration or adjudication shall not affect the remaining portions of the resolution which shall remain in
full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not origi-
nally a part of the resolution.
Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsis-
tent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
ADOPTED: February 27, 2007
ATTEST: APPROVED:
Nan Wood, Ci Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Att ney
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Resolution to Support Capital Request from 85`^ General Assembly to
Repair and Replace Roof at Pulaski County Regional Detention Facility
G �
Mark Stodola, Mayor
rma Hendrix, Director and 1)