The Pine Bluff Advertising and Promotion Commission met Tuesday and engaged in a lengthy dialogue concerning the process for filling available positions.
However, before the meeting's agenda items were discussed, chairman Rosie Pettigrew apologized to the commission for the expenditures of the Merrill High School Reunion.
During the July 26 meeting, commission member William Moss reminded the committee about $13,500 recently spent on the Merrill High School reunion. He then said Pettigrew, who is Advertising and Promotion Commission chairman and chairman of the Merrill High School Reunion, signed a check from the commission to be deposited into the Merrill High School reunion fund. Pettigrew then signed and deposited two checks written to RJ's for $3,048, and $346.50 to herself for tablecloth rental.
Moss requested that the commission ask an attorney to write an amendment to the commission bylaws to state that the commission would no longer fund any organization for which a commission member had a managerial position, either as chairman or associated board member. Commission Secretary Glen Brown Jr. and commission member Lelan Stice were in agreement with the recommendation.
"I did not know that was not allowed. It's not in the guidelines," Pettigrew said Tuesday. "It didn't say that, but at the same time I am extending my apologies for having done that because I didn't know."
Pettigrew said she was "blindsided" and wished someone would have said something to her before the meeting because she had no idea and has never done anything to "damage her character."
Pettigrew's term on the commission ends in October, and she has nominated herself to serve another term.
Moss' term expired in June, but he is still serving on the commission. Moss expressed an interest in serving another term.
Brown nominated Moss, but the vote was 3-3 to reappoint Moss to the commission, one vote short of the four votes required for action.
As for filling vacant positions, Advertising and Promotions Director Sheri Storie said during Tuesday's meeting that she ran across Ordinance 6352, which clarifies the process.
"This outlines how an available position on a board or commission of a city should be posted," Storie said. "It should have been posted on the city's website. The public should have been made aware that the availability was either already on the commission or about to be on the commission."
The ordinance reads in Section 2-183:
"Boards and commissions; notice period before an available position is filled:
"No appointment to a vacancy in a position on any city board or commission shall be made or confirmed by the city council until thirty (30) days have passed between the date the vacancy was created and the date a successor is confirmed, and the availability of the position shall be posted as prescribed in subsection (c) below.
"(c) Any available position on any of the city's boards or commissions shall be advertised on the city's website and on the city's local access cable television channel for at least 30 days before an appointment to the position is made or confirmed by the city council. Additionally, the mayor shall be responsible for ensuring that a notice of the available position is published in a newspaper with local circulation on at least one occasion 10 calendar days before an appointment to the position is made or confirmed by the city council."
The ordinance goes on to say the notice shall:
"1. Inform the public that there is a vacancy or available position on the board or commission;
"2. State the qualifications for the position or make reference to the relevant provision of the Arkansas Code or City Code which prescribes the qualifications;
"3. State that interested persons should submit or complete a written statement setting forth his or her qualifications and desire for the position and
"4. State the deadline for the submission or completion of statements of interest."
"I called the mayor's office to find out if they do this, and Louise Sullivan, assistant to Mayor Shirley Washington, said no, they were not aware of this ordinance but to go ahead and send her the information of the positions available so they can get it posted in order to be in compliance with the ordinance," Storie said.
She added: "For a commissioner who is currently serving and their term is about to expire, we're supposed to let the mayor's office know 60 days in advance."
According to the ordinance, the available position means any position on a city board or commission for which the incumbent's term of appointment is due to expire within 60 days or which has expired and the incumbent is holding over awaiting the appointment and confirmation of a successor.
No person can serve more than two consecutive terms on a board or commission of the city, excluding any period the person served fulfilling the unexpired term of another person and excluding a period in which the person "held over" as a member of the board or commission after expiration of the term pending replacement or reappointment.
"This at least gives other people a chance to submit applications," said Storie.
Stice felt that the language in the ordinance was directed at the City Council and that body's process.
"The city ordinance is directing the actions of the City Council," he said. "Everything in here says 'by the City Council'. This is the rules for City Council to follow when we make an appointment."
Brown disagreed, saying the ordinance also applies to boards and commissions.
Pettigrew said commission bylaws did not state what was in the ordinance.
The Advertising and Promotion Commission bylaws state that vacancies on the commission, whether resulting from expiration of a regular term or otherwise in any of the four tourism industry positions or in the at-large position shall be filled by appointment made by the remaining members of the commission, with approval of the governing body of the city.
Brown said the city ordinance is law and trumps the bylaws.
After a considerable amount of debate, Moss suggested contacting the city attorney for clarification.
In a follow-up with Storie, she said Assistant City Attorney Joe Childers verbally confirmed that Ordinance No. 6352 applies to all boards and commissions of the city, including the Pine Bluff Advertising and Promotion Commission.
In a written response to Storie, he stated "the plain language includes all city boards and commissions."
He also answered questions by email to Storie that were proposed during the Advertising and Promotion Commission meeting.
City Council member Lloyd Holcomb asked if there would be penalties for not upholding the ordinance in the past.
According to Childers, a willful violation of the provisions of the city code could be prosecuted in district court and, upon conviction, a fine imposed of up to $1,000, or jail term up to one year, or a combination of both, is possible.
Civil action to remove members for misfeasance or nonfeasance might also be available.
"A more likely scenario, should this ever become an issue between commission and council, is for the council to refuse to confirm an appointment not made consistent with the ordinance," Childers said in his written response.
Another question proposed was: Could the commission's bylaws be written so that the requirements of Ordinance No. 6352 would not be applicable?
"No," responded Childers. "If it poses a problem in finding candidates for membership, then the best recourse is to work with the two council members on the commission to exempt the A&P commission from the requirement."
The entire ordinance can be read at: https://library.municode.com/ar/pine_bluff/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTVIBOCOET_DIV1GE