Mayor: Tontitown Aldermen Must Vote To Fill Vacant Seat

Tontitown aldermen must decide Nov. 4 who will fill a City Council seat left vacant by the death of Alderwoman Sunny Hinshaw, said Mayor Jack Beckford.

Hinshaw, 64, of 2464 S. Barrington Road, died last week, leaving a vacancy on the six-member City Council. She was also running unopposed for the Ward 1, Position 1 seat, Washington County records show. That means aldermen must decide who will fill the seat for this year and the next two years, Beckford said.

On the Ballot

Election Issues

Tontitown voters have more than city officials to decide on. Voters also get the chance to decide whether to repeal the city’s first class status, which was approved by an ordinance in April; and to repeal and replace the city’s Planning Commission with a Planning Board.

To see the ballots, go to www.co.washington.a….

Source: Washington County Election Commission

Fast Fact

City Council Vacancy

Whenever a vacancy occurs in the office of alderman in a city of the first class, with a population of less than 20,000, the city council “shall proceed to elect by a majority vote of the remaining members elected to the council an alderman to serve for the unexpired term” at the first regular meeting after the vacancy occurred.

Source: Arkansas Code 14-43-411

Hinshaw's death raised questions in Tontitown about when and how best to fill her seat, and has spotlighted a political divide over how the city should be run, candidates and officials said.

Beckford pointed to a Nov. 4 vote on a referendum asking voters to repeal the city's first-class status back to second class as proof of the divide over Tontitown government. A petition drive led to putting the measure on the ballot, Beckford said, but the outcome of the vote will not impact the legal requirements for how Hinshaw's position is filled, said Don Zimmerman, Arkansas Municipal League executive director.

Tontitown has a population of less than 20,000, which requires a council vote, according to Arkansas Code 14-43-411. The remaining aldermen must vote to fill the seat by majority "at the first regular meeting after the occurrence of the vacancy," according to state law. The next City Council meeting happens to be election day, Beckford said.

Beckford said some residents hope to repeal the city's first-class status and dissolve the city's Fire Department. Another ballot measure asks voters to decide whether to replace the Planning Commission with a planning board, according to a draft ballot.

Beckford said he supports keeping the city first class because it allows for more flexibility within the government.

What's left of Hinshaw's term this year and the term she would have served next year should be decided at the same time, Zimmerman said. An appointee, however, could agree to serve just this year, then bow out and allow the new City Council to vote next year, he said.

So far, only Hinshaw's mother, Betty, has stepped forward asking to serve, Beckford said.

Betty Hinshaw appeared at the Committee of the Whole meeting Tuesday and requested her daughter's seat, said Rhonda Doudna, an unopposed council candidate and longtime friend of Sunny Hinshaw. Doudna said she supports appointing Betty Hinshaw or allowing the next City Council to choose who should fill the vacant seat. Doudna said she has some ideas for who could serve but didn't provide any names Wednesday.

If the City Council doesn't allow Betty Hinshaw to serve or allow the next council to decide, it will create a further divide among residents, Doudna said.

"People will be aggravated," Doudna said. "They should leave this (decision) open, or at least give it to Mrs. Hinshaw."

Several Tontitown residents asked her to serve, Betty Hinshaw said Wednesday. She said she hopes to alleviate the friction and bickering happening in Tontitown. Families are arguing with each other, and it's dividing the community.

"I thought about it, and I think it will be the honorable thing to do," Betty Hinshaw said. "I love Tontitown just as much as (Sunny) did."

The appointment for both terms must be made Nov. 4, Beckford said. Whoever fills the vacant seat can run for election once the term expires, Beckford said.

Beckford doesn't intend to vote on who will fill the seat, even to break a tie among aldermen, he said. The mayor cannot veto the vote, according to state law.

Several aldermen didn't return phone messages or email Tuesday and Wednesday.

Alderman Clint Penzo, who's also a mayoral candidate, said Tuesday he hadn't yet thought much about who will fill Sunny Hinshaw's position. He didn't know of any names of anyone interested before the council meeting Tuesday. Penzo didn't respond to,questions Tuesday and Wednesday.

Tontitown residents can tell officials they want to be considered right up until the time aldermen vote, Beckford said.

NW News on 10/23/2014

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