FAYETTEVILLE -- Rhonda Doudna's conviction Monday for improperly verifying signatures on a petition may cost her her seat on the Tontitown City Council.
Doudna, 50, of 462 Pozza Lane in Tontitown was sworn in as a member of the City Council in January. However, on Monday, Doudna was found guilty of making a false statement on a petition verification form by Circuit Judge Mark Lindsay and fined $500. She was given no jail time.
Order to Seal
In some cases, someone who is convicted can ask the court to seal the criminal record from public view. This once was called expungement. It is now called Petition and Order to Seal. The records aren’t physically destroyed, but they are sealed and treated as confidential.
The following records can’t be sealed:
• A sexual offense in which the victim was under age 18
• A felony for which time was served in the Arkansas Department of Correction
• A Class Y felony
• A Class A or B felony that are not drug offenses
• Manslaughter
• An unclassified felony with a maximum sentence more than 10 years
• A violent felony
Source: Arkansas Legal Services Partnership
The offense is a Class D felony punishable by up to six years in prison and fines of up to $10,000.
Doudna's attorney, Wayne Williams, described the sentence as "more like a tap on the shoulder than a slap of her wrist." But state law prohibits convicted felons from holding elected office.
"In order to serve or run for the council, the person would have to be free of a felony conviction," said Don Zimmerman, Arkansas Municipal League executive director, in an email. "ACA 14-44-104 provides for the vacancy to be filled at the first regular council meeting after the occurrence of the vacancy."
Doudna would first have to be removed from office to create a vacancy. State law appears to require a complaint be filed with the prosecutor who would then ask a circuit judge to order the removal of the elected official.
A message left for Nicholas Corcoran, a city attorney for Tontitown, wasn't returned Thursday.
Doudna has said she'll appeal her conviction or ask for a new trial. She has 30 days from the entry of Lindsay's judgment to file a notice of appeal.
Mayor Paul Colvin said city government's work likely will not be affected by Doudna's conviction. She has the chance to appeal before a judge orders her removal, he said.
"My stance is that I'm going to continue to run the city of Tontitown the best way I know how," Colvin said. "I don't have the ability to remove anybody nor do I have the ability to appoint anybody" to the council.
The council hasn't yet discussed Doudna's conviction in any public meetings, said Lori Bolen, administrative assistant to the mayor. Colvin said he doesn't plan to bring up the conviction until there's a legal resolution.
"Everyone has the right of due process," Colvin said.
Doudna also said she's looking at the possibility of getting the conviction expunged from her record, but that process can take five years. Expunging seals from the public the court record of a conviction, but the records remain available to law enforcement officials.
Past court rulings and attorney general opinions have said expunging of a criminal record would restore eligibility to hold public office. A Sebastian County circuit judge ruled in 2008 Greenwood's mayor was eligible to serve despite felony convictions out of Washington County after those convictions were expunged.
A candidate may certify on a political practice pledge he's never been convicted of a felony if the record has been expunged, according to Arkansas Code Annotated 7-6-102.
Doudna's case largely came down to the definition of being "present." Under Arkansas law, a petition containing signatures must be verified by the person who circulated the sheet of the petition.
Doudna contended she and Henry Piazza, another council member, went to six houses the day of the alleged violation and took turns going to the doors. Doudna said she waited in Piazza's pickup while he went to doors.
Piazza also said he and Doudna were canvassing together to collect signatures.
Alderman Joe Edgmon and Richard and Sarah Russell said they signed petitions and Doudna wasn't the person who collected their signatures April 28, 2014.
Doudna said she saw all three sign the petitions while they were standing on their front porches.
Lindsay said the Russells appeared credible and were both adamant they were in their home when they signed the petitions in the presence of Piazza.
Doudna signed off on the signatures, verifying them, according to court documents. The petition eventually led to a Tontitown referendum in November in which voters returned the city to second-class status and turned the Planning Commission into a Planning Board, according to Doudna.
Doudna has said the complaints made against her were politically motivated. Doudna and Edgmon have routinely been on opposite sides of issues in Tontitown's highly charged political environment.
NW News on 11/13/2015