Several bills passed recently passed by the Arkansas Legislature were dubbed an "attack on local government" by the leaders of the two organizations that represent cities and counties in Arkansas.
The Arkansas Municipal League met virtually for its annual conference this week, hosting a three-day slate of online forums, including one about the recent legislative session and how some lawmakers have taken away "local control" with newly passed laws.
The Wednesday discussion, pegged a "Review of the 93rd General Assembly and its impact on Arkansas Cities and Towns," discussed how the legislative session was marred by the coronavirus pandemic and a historic snowstorm, but also a changing shift in the political landscape that took aim at localities.
"This has been a very planned, philosophically oriented attack on local government for the better part of probably seven or eight years now, maybe even a little bit longer," said Mark Hayes, the executive director of the Arkansas Municipal League.
Chris Villines, executive director of the Arkansas Association of Counties, said he agreed with his counterpart's analysis of the recent session.
"Mark Hayes is very wise to have caught onto the fact that local government is really under attack," Villines said.
While the General Assembly did pass some bills backed by the Arkansas Municipal League, namely on pensions and the bids for local government contracts, much of the legislative session was driven by recent events around the pandemic, racial-justice protests and the presidential election.
John Wilkerson, general counsel for the league, in an interview cited three bills he felt took away local control from cities.
Senate Bill 553 passed late in the session, bars local governments from permanently removing a "historical monument" without a waiver from the Arkansas History Commission. The bill arose after a renewed debate over some historical monuments, particularly Confederate statues dotting the state.
House Bill 1704, barred municipal or county governments from restricting the use of certain kinds of to-go containers by restaurants.
And Senate Bill 590 that banned mandatory face coverings in Arkansas.
"We are always fearful that there is legislation that is being passed in Little Rock that affects, you know, cities and towns across the state," Wilkerson said. "Our interests -- they're not ignored I wouldn't say -- but they're not understood."
Wilkerson said the bill on monuments is a good example of the Legislature taking away local control, saying municipal governments are the ones most equipped to handle those decisions given they are the closest to the people.
"You know, I live in Little Rock and if Little Rock wants to take down a Civil War monument, I'm a citizen of Little Rock and I get to chime in on that and I think it's a Little Rock decision," Wilkerson said.
The panel also delved into a discussion about policing and guns.
Gary Sipes, executive director of the Arkansas Association of Chiefs of Police, said one of the proposed versions of the Arkansas Sovereignty Act of 2021, would have made it a misdemeanor for police to assist in the enforcement of federal gun laws.
The bill was amended only to make officers who violate the act at risk of termination rather than prosecution, but politicians who direct police to assist with the enforcement of new gun laws could still be prosecuted.
"If an elected official knowingly directs an officer to assist a federal law enforcement officer, they can be found guilty of an unclassified misdemeanor," Sipes said. "Now that's concerning and it should be concerning to you as well."
Sipes added that "a lot of these bills come across as possibly unconstitutional, but that's something that we'll have to wait and see."
During the three-day virtual event, the Arkansas Municipal League held seminars and training for its members and elected new officers. Among the other topics of discussion was the American Rescue Plan Act of 2021, passed by Congress in March. The federal stimulus package is meant to boost the country as the pandemic winds down.
On Friday, the last day of the convention, Wilkerson walked attendees through the legalities of the recent stimulus bill, explaining its limitations on how municipalities can spend federal dollars, but local governments will have "broad latitude" on those limitations.
"And I think that this is absolutely unprecedented where the federal government has turned to local governments and are permitting local governments to determine what is really needed in your particular community," said Caran Curry, a grants attorney with the Arkansas Municipal League.
As part of the stimulus, local governments will be required to spend the money on things related to the negative impact from the pandemic, premium pay for essential workers, lost revenue and infrastructure projects, such as sewer and broadband.
While sales-tax revenue has remained steady for many local governments during the pandemic, some lost revenue from canceled events and the pending stimulus funds could be used to make up for that.
"This is local control," Wilkerson said. "I think the federal government is giving us quite a bit of local control. Now you have to keep it between the ditches that the feds have created."