PINE BLUFF -- Some Jefferson County justices of the peace expressed concern after Gerald Robinson, the county judge, issued a memorandum during last week's Quorum Court meeting regarding public input at meetings.
Justices of the peace were divided, with some saying they believe Robinson is trying to stifle public comment during Quorum Court meetings. Others agree with Robinson's contention that the memo only establishes a policy to streamline meetings.
The memo, addressed to all county elected officials, justices of the peace and the public, addresses public questions and comments at meetings. It reads:
"Beginning April 2019, all questions and comments for Quorum Court meetings from the public must be submitted in writing to the County Judge's Office by 5 pm on the Friday following Quorum Court Committee meetings. Submissions can be made via email or by hard copy delivered to the County Judge's office. Questions and/or comments that concern the business at hand for the Quorum Court will be reviewed by the Judge before the possibility of being addressed during the meeting. Individuals should request a Comments and Questions Form from the County Judge's office in order to make a submission."
Committee meetings normally are held the first Tuesday after the first Monday of each month, with the regular Quorum Court meeting taking place the following Monday. Previously, a public-comment period has been included in the agenda, but there was no requirement that topics be disclosed before the meeting, only that they pertain to the business before the court.
"We're trying to make the meetings flow a little bit better," Robinson said. "We want to keep our process smooth so that questions outside the scope of the agenda, we won't have to deal with these type questions."
Robinson's memo drew immediate opposition from several Quorum Court members.
"It looks to me like this is going to be perceived, or that it does, inhibit people who take the time to attend the meeting and then have their issues addressed," said Justice of the Peace Conley Byrd Jr. "Whether it pertains to the ordinances or not, we need to give people the opportunity to ask whatever they want to of this body. If it's somebody who is unruly, we've got the right to shut them down and ask them to address us after the meeting or something."
Byrd said he would not object to creating the policy as an additional avenue the public can use to communicate with the Quorum Court, but he said he could not support doing so as the only avenue for public participation.
"I don't think we're serving the public when we limit their ability to ask questions," Byrd said.
Robinson said that in the past, some people had raised questions with the Quorum Court with the intention of disrupting the meetings and to sow discord. That was the purpose behind the new policy, he said.
"I'm not saying we're going to stop them from coming to the meetings, and I'm going to call for questions," he said. "When they have one I'm going to ask them directly if this is pertaining to the agenda, and if it is we'll move on.
"This is just so we'll have an idea so we don't get sidetracked because we have someone with another agenda."
Robinson denied that his memo was an effort to limit the public's ability to address the court.
"If the public comes in and they didn't get the opportunity to send it in, we're not going to shut them down," he said.
Robinson acknowledged the wording of the memo could be construed in such a way as to stifle public comment but said that is not the intent. He said he'll review the wording.
"I'm not beyond saying we'll change some of the wording, and we'll go from there," he said. "The intent is to make the meetings flow, and we have the ability to change what we do at any time. We're not trying to do anything illegal or close anyone's mouth."
Justice of the Peace Ted Harden of White Hall had no objections to the memo.
"It gives us a better idea of what questions will be coming up that we can research and have an answer for," he said. "That does not exclude the fact that someone who was not aware of the memorandum, we would still let them speak."
Quorum Court member Delton Wright said he does not believe Robinson was within his authority to issue the memorandum.
"I've asked for an attorney general's opinion on whether he can do that or not," Wright said. "I'm going to wait on that and go on from there.
"The only reason he did that is he doesn't want anyone asking him any questions."
Chris Villines, director of the Association of Arkansas Counties, said he is not aware of any other county that requires the public to submit questions to a quorum court.
"The advice we give all of our county judges and quorum courts is to allow for public comment," Villines said. "That is required by law for us to do. I was unaware of the memo, but I'd be happy to reach out to the [county] judge or the JPs down there about it."
State Desk on 03/17/2019