Fayetteville council considers qualifications to serve on advisory panels

NWA Democrat-Gazette/STACY RYBURN Fayetteville Arts Council members gather Wednesday at City Hall. The City Council is considering waiving the requirement members of various boards, committees and commissions must be registered voters.
NWA Democrat-Gazette/STACY RYBURN Fayetteville Arts Council members gather Wednesday at City Hall. The City Council is considering waiving the requirement members of various boards, committees and commissions must be registered voters.

FAYETTEVILLE -- Noncitizens who live in the city legally and interested youth could serve an advisory role to the City Council under a proposed rule change.

The City Council on Tuesday will consider for the second time waiving the requirement for members of certain boards, committees and commissions to be registered voters. It wouldn't affect qualifications for the council itself.

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The move stemmed from the city's welcoming plan, which it adopted last year. Part of that plan explored ways to get foreign-born residents more engaged in local government. One way to do that, the plan said, is to allow people who aren't registered to vote to serve on the city's various advisory panels.

Only U.S. citizens can be registered voters.

Assistant City Attorney Blake Pennington pointed out to the council when it first took up the ordinance June 18 it ran the risk of violating a new state law. The sanctuary cities act the state Legislature passed and Gov. Asa Hutchinson signed into law this year says no city can adopt a policy that "grants to illegal immigrants the right to lawful presence or status within the municipality in violation of federal law."

Lawful presence or status isn't defined in the statute, and Attorney General Leslie Rutledge would have the power to determine whether the ordinance stood in violation of the act, Pennington said. The state would be able to withhold the discretionary money it provides to the city while an appeal ran through the courts, he said. Chief Financial Officer Paul Becker estimated the state provides the city about $6 million annually in discretionary money.

Rather than run the risk of violating state law, Pennington suggested the council amend the ordinance. The amendment would say all city residents who are legally authorized to live or work in the United States would be eligible to serve on most city boards, committees and commissions.

Immigrants without citizenship status can live or work in the United States in a number of ways. They could have a temporary visa, be protected under the Deferred Action for Childhood Arrivals policy, hold a Green Card, be a student or exchange visitor or have a work permit or an employment-related visa allowing work under a particular employer.

Opening the door

Kyle Smith, sponsor of the ordinance, said he wants to make sure the city is inclusive of everyone it serves, not just registered voters.

The University of Arkansas, especially, has some highly qualified students or professionals who can't serve on any of the advisory panels, he said.

"There are a lot of ways to be a long-term member of a community besides American citizenship," Smith said. "The decisions we pass here at City Council impact everybody who lives here, especially for folks who don't have the opportunity to vote for their representatives."

Someone who isn't a registered voter, but is active in the community, could serve on one of the panels and get inspired to become a registered voter, Smith said. Additionally, youth younger than 18 could serve, which could provide a perspective on matters adults lack, he said.

Regardless of whom the door opens to, the Nominating Committee will still interview every candidate, and the full council will make the decision, Smith said.

Steve Clark, president of the Chamber of Commerce, said he opposed the idea of allowing people who aren't registered to vote to serve when the welcoming plan was being developed. He still does.

Nobody wants to be on some of the boards, and that's why they often have vacancies, Clark said. Others have an abundance of applicants. The ordinance wouldn't help fill those vacant seats that nobody wants and would further clog up the pool for the ones people do want to be on, he said.

"It's not that we have some people who would love to serve, and they're just not being given the chance," Clark said. "We've got a lot of people who would love to serve, and the ones who are here as registered voters participating in the process, and have some commitment to the community, can't even get on after weeks or months or years."

Clark added anyone who wants to have an influence on City Council decisions can speak their piece during regular meetings. Most of the boards serve an advisory role anyway, he said.

"I've been at my job 11 years. In 11 years, no one's been turned away from the microphone at City Council," Clark said. "Whatever their age, whatever their citizenship, wherever they live."

The makeup

There are 23 boards, committees and commissions that are city-established or have city-appointed representatives. The Nominating Committee, which consists of four City Council members, interviews and recommends candidates for most of them, and the full council confirms the nominations.

The council has authority to control the makeup of 11 of the panels. Those are the Active Transportation Advisory Committee, Airport Board, Animal Services Advisory Board, Audit Committee, Civil Rights Commission, Environmental Action Committee, Arts Council, Keep Fayetteville Beautiful Committee, Parks and Recreation Advisory Board, Town and Gown Advisory Committee and Urban Forestry Advisory Board.

State statute dictates the makeup of some panels. Noncitizens could serve on seven of them, with certain restrictions, according to Pennington. Those are the Advertising and Promotion Commission, Board of Adjustment, Construction Board of Adjustment and Appeals, Energy Improvement District, Housing Authority Board, Public Facilities Board and Washington County Regional Ambulance Authority.

Noncitizens couldn't serve on five panels per state law, Pennington said. Those are the Fayetteville Public Library Board, Historic District Commission, Northwest Arkansas Regional Airport Authority, Planning Commission and Civil Service Commission.

Of the boards the ordinance could affect, three have final decision-making power over certain matters. Those are the Advertising and Promotion Commission, Board of Adjustment and Construction Board of Adjustments and Appeals.

City code says anyone on a board, committee or commission will no longer be eligible to serve if they move. Two consecutive terms can be served, with a break of at least one term between reappointment.

NW News on 07/01/2019

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