A two-day private meeting on Petit Jean Mountain involving the mayor of Russellville, a city councilman, a state senator and a "cross-section" of residents was aimed at developing a strategic plan for the city's future, not to discuss the Pope County casino issue, Mayor Richard Harris and others said Friday.
Neither the public, a majority of Russellville City Council members nor the media were notified or invited to the meeting held Thursday and Friday at Winthrop Rockefeller Institute in Morrilton.
"It is not a public-funded session," Harris said when asked why the meeting was not held publicly.
The conference comes just days before the Wednesday deadline for applicants to submit their bids to Russellville's Community Gaming Evaluation Committee, which is reviewing proposals for a Pope County casino license.
The City Council established the committee earlier this month to give community members an "open and transparent" process after the Pope County Quorum Court -- amid allegations of secret meetings -- issued a surprise resolution endorsing Cherokee Nation Businesses, one of five competitors, for a state casino license.
The city also was excluded from sharing in $38.8 million to be distributed by Cherokee Nation around Pope County under a proposed agreement with the county.
According to Arkansas Code Annotated 25-19-106, meetings of a public governing body "supported wholly or in part by public funds or expending public funds" are open to the public. Meetings have been defined generally by court precedent as a gathering of two or more public officials to discuss public business.
State Sen. Breanne Davis, R-Russellville, who attended the two-day meeting, said only one Russellville City Council member -- Chris Olson -- was in attendance, so the group was not in violation of the state Freedom of Information Act.
John Tull, an expert on the state's open meetings and records law and general counsel for the Arkansas Press Association, said the planning session does not violate the law unless it acted as "an advisory committee which will make the ultimate decision" on a public issue.
"If that is the case, it was a violation," Tull said. "If it was merely an advisory committee the mayor wanted to hear from it is not a violation."
Harris said the city was "not hosting a planning meeting," and there was no discussion about a Pope County casino.
"I am attending a workshop that has been put on by a group of citizens wanting to talk about some of the strengths and weaknesses of our community and surrounding area," Harris said.
Shortly after the Arkansas Democrat-Gazette contacted him about the meeting Friday morning, he told the newspaper that he was leaving the session.
Harris said he suggested the gathering "two or three months ago" to Paul Harvel, president of the Russellville Chamber of Commerce.
"Paul and I have visited several cities over the last few months -- Springdale, Jonesboro, and Batesville," Harris said. "I noted that these communities have taken efforts to define themselves. I suggested that we do the same."
Davis said she was invited "several weeks ago" and believed the event was sponsored by Harvel.
"The purpose is to discuss how to enhance quality of life for Russellville with a cross section of citizens in the community," Davis said.
Harris, when asked multiple times to identify the residents in attendance, would not provide names.
"You are welcome to attend and visit with those in attendance," Harris said.
Invitations to attend the remainder of the meeting were extended separately by Harris and Davis to the Democrat-Gazette shortly before noon Friday.
Messages left for Harvel to ask if the event was sponsored by him individually or by the Russellville Chamber of Commerce were not returned as of late Friday.
Harris said the chamber "did not sponsor this event."
Olson also said Harvel asked him "a month or two ago" to be a part of the conference. Olson said he was invited to the private event because he is chairman of the annual RussVegas half-marathon and relay.
The half-marathon is held each April to benefit Arkansas Children's Hospital and the River Valley Circle of Friends.
When asked who attended the meeting, Olson reiterated the assertions of Harris and Davis that no members of the city's casino evaluation committee or representatives from any potential casino operators were there nor were there any conversations about the casino issue.
"It was just private business owners, prominent people from the community, real estate agents and representatives from industry in town," Olson said. "There were about 30 people there from different walks of life."
The casino issue was like "the elephant in the room," Olson said.
"Nobody wants to talk about it, but it's there," he said.
Olson said he believes in "100% transparency" and he "gets" that some members of the public are upset that a private meeting was held.
"That's a tough line," Olson said. "Transparency is the whole objective of the casino committee, but this has nothing to do with that. At the end of the day, I don't feel there was any wrongdoing."
The meeting, he said, was productive.
"I thought it was one of the best things we've done for Russellville in a long time," Olson said.
Council member Larry Brown said he "got blindsided by this" when community members contacted him Friday morning.
"I didn't know about it and was not invited," Brown said.
Council members Rick Harrell, Shawn Harris and Justin Keller all said they did not know about the meeting.
Council members Phyllis Carruth and Eric Westcott -- who is a member of the city's gambling evaluation committee -- did not return messages left for comment.
Council member Mark Tripp said he heard about the meeting "a week or two ago by someone not involved with the city."
When he asked Richard Harris about it, the mayor told him it was like "a meeting/event to gather community input from various business leaders," he said.
Shawn Harris said he probably would not have attended the meeting had he been invited. The City Council voted last week not to hear a resolution that he sponsored to disband the city's gambling committee.
"I already expressed my opinion at the last meeting," Shawn Harris said.
Keller -- who sponsored a resolution to force negotiations between the city and county, something the City Council refused to consider -- said he believes government business should be conducted in public.
"The more transparent a government is, the better they represent the people," Keller said.
State constitutional Amendment 100, approved by voters in November, allows new casinos in Pope and Jefferson counties and the expansion of gambling at the racetracks in Hot Springs and West Memphis. The amendment says casino applications for Pope and Jefferson counties must be endorsed by local officials.
In June, the state Racing Commission rejected all five applicants for the Pope County casino license because they didn't meet a commission rule that specified that the endorsements had to be from current officials. After the county endorsed Cherokee Nation Businesses, the Racing Commission promptly opened a second, 90-day window to accept applications.
That window closes Nov. 18.
On Oct. 7, the city's gambling committee will host a public forum for the casino applicants to present their proposals. The venue for the event will be decided by the committee in a conference call Friday.
The committee will select the final applicant by Oct. 14, and the recommendation will be placed on the City Council's Oct. 17 agenda.
The city's endorsement alone does not meet the stipulations of Amendment 100, which states that if the casino is to be located inside a city limits, the county judge or Quorum Court must also issue an endorsement.
Pope County's County Judge Ben Cross has said that neither he nor the Quorum Court will support any casino applicant other than Cherokee Nation Businesses.
Metro on 09/28/2019