FAYETTEVILLE -- Washington County Prosecutor Matt Durrett has initiated a civil action to remove Rhonda Doudna from the Tontitown City Council because she was convicted last year of a felony involving petition signatures, but it's likely a moot point because Doudna said she resigned Thursday.
Doudna, 50, of 462 Pozza Lane in Tontitown was sworn in as a member of the City Council in January. Washington County Circuit Court Judge Mark Lindsay found Doudna guilty Nov. 12 of making a false statement on a petition verification form, a felony. She was fined $500 and given no jail time.
Quo Warranto
A legal proceeding during which an individual’s right to hold an office or governmental privilege is challenged. In old English practice, the writ of quo warranto — an order issued by authority of the king — was one of the most ancient and important writs. It has not, however, been used for centuries, since the procedure and effect of the judgment were so impractical. Currently, the formal procedure has been replaced by an information in the nature of a quo warranto, an extraordinary remedy by which a prosecuting attorney, who represents the public at large, challenges someone who has usurped a public office or someone who, through abuse or neglect, has forfeited an office to which they were entitled.
Source: Staff report
Doudna sought a new trial based on ineffective assistance of counsel, but Lindsay denied the motion.
Lindsay's judgment became final Feb. 8.
In the civil lawsuit, Durrett cites state law that says being convicted of a felony disqualifies a person from holding office.
"Defendant, having been convicted of a felony in the Washington County Circuit Court, is a usurper of her public office as a member of the City Council of Tontitown, Arkansas, and that no person has been appointed or elected to replace defendant in office," according to the filing. "That defendant should be removed from office."
The filing goes on to say Doudna should be ordered to return books, papers and all other things pertaining to her office to the city.
Doudna said Friday she returned all items required and submitted her resignation. Doudna said she intends to continue working to make Tontitown a better community. She said the effort to remove her from office is "just another attempt to smear my name."
Doudna's case came down to the definition of being "present." Under Arkansas law, a petition containing signatures must be verified by the person who circulated the sheets of the petition.
Doudna contended she and Henry Piazza, another council member, went to six houses the day of the alleged violation and took turns going to the doors. Doudna said she waited in Piazza's pickup while he went to doors. Piazza also said he and Doudna were canvassing together to collect signatures. Doudna said she saw three people sign the petitions while they were standing on their front porches.
Joe Edgmon, a Tontitown council member, and Richard and Sarah Russell said they signed petitions and Doudna wasn't the person who collected their signatures April 28, 2014. Lindsay said he considered the Russells to be the most reliable witnesses at trial. Doudna and Edgmon routinely have been on opposite sides of issues in Tontitown.
"They were about the only witnesses who didn't have a dog in this fight," Lindsay said.
Doudna signed off on the signatures, verifying them, according to court documents. The petition eventually led to a Tontitown referendum in November in which voters returned the city to second-class status and turned the Planning Commission into a Planning Board, according to Doudna.
NW News on 02/13/2016