PINE BLUFF - A special judge ruled Thursday that Pine Bluff’s next mayoral, city-clerk and treasurer elections should not be held until 2016, ending attempts by former Mayor Carl Redus Jr. and other city candidates to run in the May 20 Democratic primary election.
Arkansas Supreme Court Chief Justice Jim Hannah appointed retired Circuit Judge Ted Capeheart of Ashdown this week to hear a lawsuit filed by Pine Bluff Mayor Debe Hollingsworth that challenged the Jefferson County Election Commission’s March 7 decision to place Redus and others on the primary ballot. Jefferson County’s circuit judges all asked to be recused from the case.
Redus had argued that because Pine Bluff’s population dropped below 50,000 in the 2010 census, state law requires that the elections for mayor, city clerk and treasurer be held this year.
Despite a previous court ruling and opinions by Jefferson County Prosecuting Attorney Kyle Hunter and the Arkansas secretary of state’s office saying that those positions shouldn’t be voted on until 2016, a majority of the Jefferson County Election Commission agreed with Redus and approved putting him, Pine Bluff City Clerk Loretta Whitfield and treasurer candidate Lloyd Franklin Jr. on the primary election ballot.
Pine Bluff Treasurer Greg Gustek is in the second year of a four-year term.
Since the commission put those races in motion, the only way to stop them was through a court order, Arkansas Municipal League attorney Mark Hayes said.
Hollingsworth said she was at first hesitant to file a lawsuit because she didn’t want it to become a distraction from her daily duties as mayor. But when it became apparent that she would either have to seek a judge’s intervention or begin campaigning in the middle of her term, the mayor said she hadno choice.
During the process, Hollingsworth assured Pine Bluff residents that all costs associated with her legal action have been paid for “out of my own pocket.”
Redus was the lead defendant in Hollingsworth’s suit, followed by county Election Commission Chairman Ted Davis and election Commissioners Stu Soffer and Cynthia Sims, county election coordinator Will Fox and the county Election Commission as a body. Though named a defendant, Soffer had voted against placing the candidates on the primary ballot.
This wasn’t the first time Redus and Hollingsworth have met in court.
The former mayor made the same population argument in 2012, filing a lawsuit to stop the mayoral election. Hollingsworth and several other candidates for the city’s top job asked to be added to that suit as interested parties so that they could officially be notified of its progress.
Redus has pointed to Arkansas Code Annotated 14-43-305 as basis for his argument for changing Pine Bluff’s election cycle.
The law states that cities with populations of less than 50,000 must hold elections for mayor, city clerk and treasurer during nonpresidential election cycles, but it doesn’t spell out what happens when a city that once had more than 50,000 residents falls below that threshold.
Pine Bluff’s population is now 49,083, according to the 2010 Census.
Then-Pulaski County Circuit Judge James Moody Jr., who presided over the 2012 case because Jefferson County judges recused, ruled that the election date should not be changed.
In his ruling, Moody pointed to Arkansas Code Annotated 14-37-113 as the controlling statute in the case.
The code states, in part, “that in the event of a population change, any law that was applicable before that change shall be equally applicable to any such city, irrespective of the fact that the city no longer has a population within the classification prescribed by law.”
On Thursday, Capeheart pointed to Moody’s ruling in his own decision, calling it “binding,” and adding that “it’s not necessary to hold an election this year. If anyone had a problem with Judge Moody’s ruling in 2012, they should have appealed, but they did not.”
Moody has since moved on to a position as U.S. district judge.
After Thursday’s ruling, Hollingsworth, who was represented by Dermott attorneys Charles Sidney Gibson and his son, Chuck Gibson, said she is looking forward to moving on with city business.
“Our attorneys did an awesome job, not just for me personally, but I believe we did this for the people of Pine Bluff, as well,” Hollingsworth said. “They elected me to serve as their mayor for four years, and that’s what I intend to do. We are excited to get back to what we are supposed to be doing.”
Redus said he was disappointed with the judge’s decision.
The former mayor called the law governing city population as it relates to municipal elections “the law of the land. We accept the judge’s ruling, but the law is the law. Right now, I am planning to speak with legal counsel and figure out the next step.”
Front Section, Pages 1 on 04/04/2014