TONTITOWN — Officials can concentrate on finding the next mayor now the full City Council has been sworn into office.
Council members Joey Pianalto, Bobby Pianalto, Clint Penzo and Mike Zulpo each took the oath of office Tuesday morning, Joey Pianalto said.
At A Glance
De Facto
A Latin adjective for “in fact.” Often used in place of “actual” to show the court will treat as a fact authority being exercised or an entity acting as if it had authority, even though the legal requirements have not been met.
Source: Law.com
A special council meeting Monday ended abruptly after another council member, Sunny Hinshaw, questioned whether the four could serve without being sworn in by Jan. 10.
The oversight shouldn’t affect decisions made at a Jan. 3 meeting because state law allows a “de facto” assumption members were duly elected and serving properly, even without the oath of office, said David Schoen, an attorney with the Arkansas Municipal League.
“They need to go ahead and take the oath, but it’s effectively a nonissue,” Schoen said.
Hinshaw said Monday the four seats should be considered vacant and new members elected or appointed.
“I don’t like the Municipal League’s read on the issue, but apparently that’s the way it’s going to be,” Hinshaw said. “I feel as though the law should have been followed.”
The council still needs to replace Tommy Granata, who resigned as mayor Jan. 3, approve a 2013 budget and take up discussion regarding Alicia Collins, a city water department employee who was appointed Jan. 3 as recorder-treasurer.
Hinshaw’s allegations were the latest in an ongoing series of disputes between council members, mayors and Mick Wagner, chairman of the city Planning Commission, that stretch back several years. Some residents accuse Wagner of sowing discord in the city.
“There is a cancer on our city, and it’s Mick Wagner,” said Rhonda Doudna, a former recorder-treasurer who follows city issues. “It’s not going to get any better until we move out from under his influence.”
Wagner declined comment when contacted Tuesday.
Others said the city is moving forward.
“We were elected to represent the citizens of Tontitown, not to play politics like has happened in the past,” Joey Pianalto said. “I believe we’re on the road to recovery.”
The council will move forward with city business, Hinshaw said.
“We’ll do the best we can,” Hinshaw said. “I don’t know that we’ll ever get to normal because there is no ‘normal’ in Tontitown.”