Rule change troubles some JPs

A try at hijacking agenda, say Quorum Court critics

Just days after members were sworn in for a new term, the Pulaski County Quorum Court began a new year of business with a touch of contention.

Last week, the Quorum Court approved its rules and procedures for 2017, which, as required by state law, sets a framework for how and when the body conducts its legislative business and establishes its various committees.

But one modification in the county's 2017 rules and procedures drew the attention of several justices of the peace: The Quorum Court's agenda meeting -- which is held two weeks before every full Quorum Court meeting and considers which items are passed along to the full Quorum Court -- was being transformed into a committee.

In previous years each agenda meeting was attended by all 15 justices of the peace, and each ordinance or resolution was considered by all 15 before it was passed along to the full Quorum Court for ratification.

However, under 2017's rules and procedures, the agenda meeting has been redefined as an Agenda Committee. As such, its membership shall comprise eight members appointed by the county judge for two-year terms unless the judge provides specific consent for it to remain a full 15-member panel.

County Judge Barry Hyde has said he presently does not have any intentions of reducing the committee to eight members.

Agenda meetings have included all 15 justices of the peace for the past several years. However, according to County Attorney Adam Fogleman, the practice fell out of compliance with state law after a change was made in 2013 to Arkansas Code Annotated 14-14-904, which concerns county legislative procedures.

If the county's rules and procedures remained unchanged, it could open the county up to a legal challenge, Fogleman said.

But some justices of the peace feared the possibility of the panel being reduced from 15 to eight at the judge's discretion, and thus not giving every Quorum Court member equal influence and representation.

"This proposed amendment [to county rules] is nothing more than a coordinated attempt by a few to hijack our agenda of the Quorum Court," District 2 Justice of the Peace Tyler Denton, D-Little Rock, said last month.

Last week's change established the Agenda Committee, adding it to two pre-existing committees: the Ways and Means Committee, which includes seven members of the Quorum Court, and the Budget Committee, which includes eight.

Proposed ordinances and resolutions will be channeled into one of the three committees at the county judge's discretion. Each ordinance or resolution will be first considered by the committees and then, if approved, will be passed to the full Quorum Court with the recommendation that it pass.

Denton's skepticism centered on how the change could expand the power of the county judge over the legislative process.

The change could allow the county judge to strategically handpick justices of the peace already in his favor for a specific committee, then send critical legislation through that committee for consideration, Denton said. He described all who would not be selected for that powerful committee as the "leftover committee."

Last year, for instance, the eight-member Budget Committee considered the county's 2017 budget. Hyde said he invited any justice of the peace to submit a request to be included on the committee.

However some members, including Denton, reported having never received such an invitation.

"To me this opens the door to a powerful committee to hear all the things that matter on the executive side," Denton said. "It's unjust to pick and choose those who you are in favor with and ask them to hear all the stuff you think are important, and the rest of us are just on the outside looking in."

District 2 Justice of the Peace Julie Blackwood, D-Little Rock, also took issue with the idea of changing the Agenda Committee to 8 members.

"What this does is it gives certain members of the Quorum Court two votes, and other members one vote," Blackwood said.

"If I had a Republican judge who was sitting up here, telling us who he picked every time and that he wanted certain people on certain committees, that could affect my district drastically," she added.

District 8 Justice of the Peace Curtis Keith, D-Mabelvale, opted for "sticking with an Agenda Committee that allows each individual to at least have the opportunity to hear an ordinance. We may not agree with it, but at least it gives everybody the opportunity to hear it."

Last Tuesday's full Quorum Court meeting cut straight to these issues as tensions ran high between Denton and Hyde.

At one point, Denton asked for county staff members to demonstrate the 2013 state statute that necessitated the procedural change.

"Tyler, this is not going to be the Tyler Denton show," Hyde said.

"I'm not asking for it to be the Tyler Denton show, I'm asking a simple question," Denton responded.

"We are just trying to be in compliance with the ordinance. ... We don't need to show you anything in writing," Hyde rebuffed.

"You absolutely do. I'm requesting it, sir. This isn't the Judge Hyde show. Just because you're the county judge doesn't mean you get to," Denton said, cut-off by Hyde's gaveling to silence.

Later, Hyde called the notion that he would reduce the Agenda Committee panel "paranoia."

"I'm fine with having an Agenda Committee of the whole, I've never voiced a problem with it. I think you're chasing paper tigers -- there's imaginary problems out there," Hyde said.

In a last-ditch effort, amendments to the rules and procedures as written failed in an 5-to-8 vote, with one abstention and one absence.

The body eventually passed the rules 11 to 3, with Denton, Blackwood, and District 3 Justice of the Peace Kathy Lewison voting against.

Metro on 01/16/2017

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