Editor,
Example 1: Planning Commission Chair Ann Sallee’s asked Council to Repeal ES Ordinances § 13.04.07.
Ord. 13.04.07 states that prior to submitting to Council a proposed ordinance Planning shall hold a public hearing, and it shall publish notice in a local newspaper at least 15 days prior to the hearing. Chair Sallee opined that the ordinance does not require publication of prior notice, and in order to make that perfectly clear she asked Council to repeal the ordinance.
Repealing 13.04.07 will not eliminate the need to publish prior notice. Why? Because Arkansas Statute § 42-56-422(1)(A) & (B) states that Planning must publish notice and hold a public hearing prior to submitting a proposed ordinance to Council. And let’s not forget the Due Process Clause of the U.S. Constitution which requires prior notice and an opportunity to be heard.
So once again, it looks like the attorneys who drafted Eureka’s ordinances knew what they were doing. Council should keep that in mind before adopting any changes in the law proposed by Planning.
Example 2: Planning Commission Chair Ann Sallee’s contention that the FOIA prohibits commission members from meeting privately with the public to discuss Planning Commission business.
The Independent reported that Chair Sallee accused Theodore Cottingham of violating the FOIA. In support thereof, Chair Sallee referred to a video Theodore posted in which he said he wanted to work on the City’s Master Plan, and worse yet, he invited viewers to discuss the topic with him in a setting outside a Planning meeting.
It appears that Chair Sallee is of the opinion that FOIA prohibits private meetings between the general public and members of the Planning Commission.
The FOIA prohibits private meetings between commission members – at which governing body’s members discuss official business. It does not prohibit meetings between a commissioner and the general public. Take for example lobbyists who meet privately to discuss legislation with governing body members.
As for Chair Sallee’s claim that she has an opinion from the Municipal League in support of her contention, she needs to take a second look at the opinion. And it might help if she took the time to read the Arkansas FOIA Handbook and the Attorney General’s opinions discussing the “open meeting” requirement.
More disturbing is the fact that no one has spoken up to refute the misinformation being spread by Chair Sallee. The only good news is that Theodore has not sued her for defamation, not to mention violating his First Amendment rights.
Bob Jasinski