Those making a bid for Little Rock mayor must abide by a city ordinance that limits when they can accept campaign contributions, according to the city attorney.
In a memo sent Monday, City Attorney Tom Carpenter said the ordinance is compatible with a state law that allows an "exploratory committee" to raise money for a potential political candidate two years before an election. The city's ordinance allows candidates to collect campaign funds from June 1 to Dec. 1 of an election year.
Carpenter's review of the ordinance was prompted by an ethics complaint regarding state Rep. Warwick Sabin's bid for Little Rock mayor. Sabin, a Democrat, announced in July his plans to "explore a run" for mayor, and on July 25 he registered the Sabin for Mayor Exploratory Committee with the Pulaski County clerk, according to the memo.
Arkansas law allows exploratory committees to raise money for potential political candidates and to transfer the money to the candidate after a formal bid is announced. Sabin is identified on a filing as the committee's chairman and the person who will receive the money "upon becoming a candidate."
Sabin's campaign website includes a form people can use to contribute money.
The ethics complaint accused Sabin of using the state-registered exploratory committee to sidestep the Little Rock ordinance.
Sabin and Little Rock banker Frank Scott Jr. have both announced they are exploring a run for Little Rock mayor. Current Mayor Mark Stodola has said he intends to seek re-election.
In an emailed statement, Sabin accused Carpenter of protecting Stodola, who Sabin said can "use his massive campaign war chest to spend money on his re-election efforts" while the "Mayor's potential challengers must wait until June of 2018 to raise or spend funds."
"This shameless cronyism is why Warwick Sabin believes it's time for a change in Little Rock City Government," according to the statement.
In his memo, Carpenter said the city ordinance is valid because state law "expressly grants" cities the right to enact and enforce such an ordinance.
Arkansas Code Annotated 7-6-224 states that municipalities, counties and townships can set reasonable limitations on "time periods that candidates for local office shall be allowed to solicit contributions."
In the memo, Carpenter said there is no public record of Sabin's fundraising, but a full report on his exploratory committee is due by Sept. 30.
Carpenter listed in the memo a number of actions the city could take moving forward. He recommended that the city seek out an advisory opinion from the Arkansas Ethics Commission.
Last month, the commission did not issue a formal opinion on the complaint against Sabin, saying that the enforcement of the city ordinance was outside of its jurisdiction, according to the memo.
Carpenter also pointed out that the Board of Directors could decide to repeal the limits on when campaign funds could be collected. The city attorney did not recommend prosecution of Sabin or anyone else exploring a run for mayor, over violations of the ordinance, according to the memo.
"I really just do not believe any type of prosecution is appropriate," he said in an interview.
Metro on 09/26/2017