Call for council peer review delayed

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Eureka Springs City Council convened a special meeting July 12 to discuss “Code of Conduct as it relates individually to council person Mickey Schneider and associated behavior of City Clerk Ann Armstrong.”

Alderman David Mitchell had first proposed this at Monday’s regular council meeting, but Schneider, Armstrong and alderman Peg Adamson had already walked out of the meeting, and remaining aldermen decided to defer discussion until everyone involved was present.

Mitchell had distributed statements from four staff members of the County Clerk’s office detailing an encounter in which Schneider and her husband, Steve, wanted to remove themselves from the voter rolls. The statement from Election Coordinator Sherry Cochrane described the Schneiders as being “rude and belligerent.”

Cochrane also mentioned, “This is the second time I have witnessed her obnoxious and bullying performances in a County Clerk’s office. She is not only rude and out of control but an embarrassment to the City of Eureka Springs.” Cochrane removed both Schneiders from voter registration rolls.

The statement from County Clerk Jamie Correia said, “At approximately 9:30 a.m. July 6, 2017, I walked into my office with Michele and Steve Schneider demanding me to shut down my State Voter Registration computer and not allow for any voter information be given out. Michele raised her voice and kept pointing her finger at me telling me I would be sued. Both used very foul language while present in the County Clerk’s office.”

She said she called to speak with Mayor Butch Berry after the incident, but he was not in, so she recounted the event to City Clerk Ann Armstrong. Correia said Armstrong looked up the point of law regarding how Schneider had unregistered herself, and was therefore ineligible to be an elected official. Armstrong told Correia she would speak with Schneider, “and then Ann asked me if she [Schneider] chose to re-register would this be okay, I said absolutely and Ann thanked me.”

Schneider told the Independent she went to the Eureka Springs County Clerk’s office the following day and re-registered.

At the meeting

At the special meeting, Mitchell stated that earlier in the year council had adopted a Code of Conduct which says “City Council serves as a model of leadership and civility.” It also states aldermen “will be respectful of other members of the city council, staff and public by refraining from abusive conduct, personal charges or verbal attacks,” and that aldermen “do not engage in personal attacks of any kind under any circumstances.”

Mitchell stated his focus was not the fact that Schneider removed herself from being a registered voter and therefore voided her seat on city council, but that, “The issue tonight is simply conduct unbecoming of a city councilperson and in the case of the City Clerk willfully and knowingly failing, refusing or neglecting to execute, or cause to be executed, an Arkansas law by not disclosing to the appropriate councilman or mayor at the time.

“When alderman Mickey acted in the manner at the County Clerk’s office that is contained in the written statements and communicated to me in person, she was viewed as a councilperson representing Eureka Springs. Her actions, language and demeanor were inappropriate and totally in disregard to the code of conduct we as a council agreed to.”

He also mentioned the several outbursts by Schneider that have occurred at the council table toward another alderman over the past several months. “I have been, and now since this outburst, concerned enough with councilman Schneider and her abusive conduct and verbal attacks that take place to say enough is enough.”

Mitchell requested that council conduct a peer review of her “aberrant conduct” and that she consider apologizing to the staff at the County Clerk’s office, to the other aldermen, and to the citizens of Eureka Springs.

Regarding Armstrong, Mitchell said after Schneider removed herself from being a registered voter, at no time did Armstrong notify the mayor or any aldermen. According to Mitchell, Armstrong, when asked if there was anything she needed to discuss with the mayor, told the mayor’s assistant, “I’ve handled it,” and to his knowledge Armstrong never did speak to the mayor about it.

Mitchell concluded Armstrong’s actions amounted to nonfeasance in office based on the definition as “the intentional failure to perform a required duty or obligation. To avoid dealing with this incident with councilman Schneider and City Clerk Ann Armstrong could be a dereliction of duty on the part of council.”

Alderman Peg Adamson remarked, “I have several objections to the way this meeting is taking place.” First she pointed out City Attorney Tim Weaver was not present. In addition, “I do not like having this stuff aired this way. The purpose is not informative; it’s not helping anything.” She moved to table discussion until Weaver would be present, and alderman Bob Thomas seconded.

Schneider said if the topic were to be discussed later, the people who wrote the four statements should be present. She claimed they had four totally different descriptions of what had happened, and she wanted them present to make things clear.

Berry reminded Schneider a council meeting is not a court of law, and Mitchell pointed out there was a very specific focus for the discussion. The topic was conduct and behavior, not voter law.

Thomas wanted to know more about the Code of Conduct as it applies outside of meetings.

Council voted to approve Adamson’s amended motion to defer the discussion to the next regular meeting, Monday, July 24, at 6 p.m.