With no council, Fisher could lose its status as a city

Arkansas Democrat-Gazette/Melissa Sue Gerrits - 07/10/2014 -  Donald Glenn, born and raised in Fisher, plays dominoes in the old City Hall building in Fisher, AR July 10, 2014. The facilities are open as a community room with historical documents and photographs on the walls as well as their dated Fire Department equipment in an adjacent garage.

Arkansas Democrat-Gazette/Melissa Sue Gerrits - 07/10/2014 - Donald Glenn, born and raised in Fisher, plays dominoes in the old City Hall building in Fisher, AR July 10, 2014. The facilities are open as a community room with historical documents and photographs on the walls as well as their dated Fire Department equipment in an adjacent garage.

Monday, July 14, 2014

FISHER -- People ride their tractors to City Hall -- a beige shed bearing two faded "Dr Pepper" signs.

They drink coffee and play dominoes in the musty building, but no one conducts business there anymore.

The City Council hasn't met since at least July 2012. If residents don't run for the open seats soon, the town of 223 people could lose its charter and be absorbed by the county.

As an incorporated second-class city, its council should comprise four aldermen -- two from each ward -- but its only remaining member died about three months ago, said Mayor Homer Don Anshultz, who appeared before the state's Legislative Audit Committee in June.

Beginning in 2012, the other three City Council members resigned after the Arkansas State Police investigated whether the Fisher police chief forged the mayor's signature when purchasing a new police car and drug dog for $12,040. That case never went to prosecution because of insufficient evidence, Prosecuting Attorney Scott Ellington said. And the town no longer has a police force.

According to Arkansas Code, such vacancies can ordinarily be filled by a majority vote of the "remaining members" of a city council, but it is unclear how to proceed when there are no members at all.

According to Article 6, Section 23 of the Arkansas Constitution, in cases where there is no prescribed mode to fill a vacancy, the governor can appoint enough members to make a quorum and convene business.

Calling a city without a city council rare would be an understatement, said David Schoen, an attorney at the Arkansas Municipal League.

"I've never encountered or heard of this situation," Schoen said. "There are no cases in Arkansas like this that have popped up or been appealed, which is an indication that it's unique."

"Times are getting rough," said Anshultz, who's held office for 16 years but doesn't plan to run again in November.

"These little towns are dying out. We ain't got any business, we ain't got nothing. People are moving out," he added.

The town lost its school in the 1950s, so children are bused 20 miles to Harrisburg.

What's left in Fisher includes four churches, one business, a post office and residential homes. A railroad divides the town in half; it stretches a few miles across U.S. 49 and then leads into the country.

Without a functioning City Council, there is no legislative body to pass ordinances, create budgets or appropriate funds for city services.

In 1992, Cross County took over its water utilities, which resulted in Fisher's loss of about $4,000 in monthly revenue. Fisher's remaining official services include sewage utilities, street repair, street lighting and a volunteer fire department.

"I didn't even know we had any services," said Keith Yarbrough, 45, a truck driver who lives in Fisher.

"Our roads are torn to pieces. We don't have a water tower anymore. We don't have a police officer anymore. No one mows," he said.

"Our town has died. We don't even have any cafes. We need grants."

State Rep. John Hutchison, R-Harrisburg, said some constituents have expressed their concern to him.

"They wanted to see what they can do to help. They don't want their town to dry up," he said.

However, it's often difficult finding people to take leadership positions in a rural town, Hutchison said

"I don't think people want the headache of a town that is in this bad shape," said Shay Barker, 27, a telephone repairman. Barker grew up in Fisher but said he would not consider running for the council.

If the council seats remain empty, Fisher risks losing its status as a second-class city.

According to Arkansas Code 14-39-102, a city of the second class that has been inactive for five years or longer can have its charter revoked by county court if a county prosecuting attorney submits a petition. Then, the city would be incorporated into Poinsett County -- a move Prosecuting Attorney Scott Ellington wants to avoid.

"Before we start trying to dissolve the town, it's better to see what our options are," Ellington said. "The county is not in a position to take on that responsibility. Poinsett is not a wealthy county, and we wouldn't want to burden it without having some other ideas first."

This situation has not previously occurred while Gov. Mike Beebe has been in office, spokesman Stacey Hall said.

"Governor Beebe recently learned of the situation and the Governor's Office is currently looking over obligations and going through the appropriate legal review," she wrote in an emailed statement.

State Desk on 07/14/2014