Sunday, October 31, 2010

Mayor Valley Makes a Dynamic Closing Argument -- Vote to Re-Elect James Valley, Mayor- Helena-West Helena, Arkansas

Mayor Valley's Closing Argument on the Campaign Trail:

Mayor Valley Pledges: Helena-West Helena is Not For Sale

Thursday, October 28, 2010

Bonus coverage of HWH mayoral debate

From: <geo.bingham@juno.com>
Date: Thu, Oct 28, 2010 at 12:33 PM
Subject: Bonus coverage of HWH mayoral debate
To: watchgoodtv@itcgeorgebinghamtvshow.com

WPRQ TV Clarksdale plans to run bonus coverage (time permits) of the mayoral debate today,

Thursday, October 28 at 2:0 pm and 11:0 pm.

Appointments are being taken for those fun holiday video postcards for family, friends and business. Deadline November 19, 2010.

Special rates for individuals. Call 870-995-3125

On Wed, 27 Oct 2010 19:27:22 -0500 geo.bingham@juno.com writes:

In The Community With George Bingham TV Show will replay the 10/18 mayoral debate
on Channel 4 Channel 6 in Lakeview, Elaine, Snowlake and WPRQ TV Clarksdale, MS

Wednesday Night October 27 at 10:00 P.M.
Saturday October 30 at 8:00 A.M.
Sunday October 31 at 1:00 P.M.

Please Forward to all interested Community

Together, We can Make Our Community Strong!!!

George Bingham, Executive Producer/Host
In the Community TV Show
P.O. Box 206 - Helena-West Helena, AR 72342
Tel: 870-995-3125
www.itcGeorgeBinghamTVshow.com

Stay informed: http://www.valleyformayor.com
Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
226 Perry Street
Helena-West Helena, 72342
501-291-1735 Main Number
870-817-7400 Phone
870-817-4035 Cell
800-517-7240 Fax

Reminder -- Community forum for All City Candidates Tonight at New Haven Church

There will be a Helena-West Helena Candidates Forum tonight at the New Haven MB Church located at 404 West Street, Helena-West Helena, AR 72390 at 7:00 p.m.

All Citizens are welcome and all are invited to attend.

Tuesday, October 26, 2010

Valley for Mayor PushCards -- Read and Decide

0001mt

Tornado Watch Issued By NWS includes Phillips County, Arkansas -- Through Noon Today (10/26/2010)

Tornado Watch for Phillips County, AR

until 12 pm CDT, Tue., Oct. 26, 2010

Issued by The National Weather Service
Memphis, TN
8:52 am CDT, Tue., Oct. 26, 2010

TORNADO WATCH 721 REMAINS VALID UNTIL NOON CDT TODAY FOR THE FOLLOWING AREAS

IN EAST ARKANSAS THIS WATCH INCLUDES 4 COUNTIES

CRITTENDEN LEE PHILLIPS ST. FRANCIS

Monday, October 25, 2010

Mayor Valley Urges Community to Celebrate Halloween On Saturday, October 30, 2010

Halloween is traditionally October 31st, but Mayor James Valley is encouraging locals to celebrate the holiday the day before.

The 31st falls on a Sunday this year. Today the mayor issued a statement after considering the pros and cons of allowing children to visit neighborhoods, collecting candy on a school night, like Thursday or Friday and has decided that Saturday would be the best available choice.

Not to mention Sunday night is traditionally a church night, and some are concerned about the conflict with Sunday night church services. "There's a number of church groups that have events on Sunday nights and there's just some community concern about the idea of coinciding a holiday like Halloween with a Sunday," said James F. Valley, Mayor of Helena-West Helena. Therefore, the mayor is asking local residents to observe Halloween on Saturday night, October 30th this year. This is only a suggestion. Ultimately it's up to the individual.

This trend is common across many communities in Arkansas and the United States.

Stay informed: http://www.valleyformayor.com
Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
226 Perry Street
Helena-West Helena, 72342
501-291-1735 Main Number
870-817-7400 Phone
870-817-4035 Cell
800-517-7240 Fax

Friday, October 22, 2010

TV Rebroadcast Updated Schedule

Forwarded message

From: <geo.bingham@juno.com>
Date: Fri, Oct 22, 2010 at 7:42 PM
Subject: TV Rebroadcast Updated Schedule
To: awillis1282@hotmail.com, bhudsonperry@yahoo.com, emondy@sbcglobal.net, mayorjfvalley@gmail.com

Hello Everyone

Please forward

Thank you

If you missed the candidate form on Thursday, October 14, at the Malco theater here is your chance to watch it on television.

In Helena-West Helena and Marvell you can see it on channel 4.

In Elaine, Lakeview, and Snowlake, you can see it on channel 6.

Saturday, October 23 at 8:00am

Sunday, October 24 at 1:00pm –

If you missed the candidate form on Monday, October 18, here is your chance to watch it on television. In Helena-West Helena and Marvell you can see it on channel 4. In Elaine, Lakeview, and Snowlake, you can see it on channel 6.

Mayoral Candidates Debate Rebroadcast on WPRQ-TV "In the Community with George Bingham"

Wednesday, October 27 at 10:00pm –

Thursday, October 28 at 2:00 pm and

Thursday, October 28 at 11:00 pm

Saturday, October 30 at 8:00am

Sunday, October 31 at 1:00pm –

George Bingham, Executive Producer/Host
In the Community TV Show
P.O. Box 206 - Helena-West Helena, AR 72342
Tel: 870-995-3125
www.itcGeorgeBinghamTVshow.com

Wednesday, October 20, 2010

Get Out The Vote

Forwarded message
From: Cathy Cunningham <ccunningham@banksouthern.org>
Date: Wed, Oct 20, 2010 at 9:26 AM
Subject: Get Out The Vote
To:

REMINDER ABOUT 'GET OUT THE VOTE' RALLY with Senator Lincoln – Thursday, October 21, from 5:00 – 6:30 - south end of Cherry Street at Blues Bayou.

Refreshments will be served.

Monday, October 18, 2010

Sample Ballot -- Ward 5 -- Helena-West Helena, Arkansas November 2, 2010 Election

Thanks,  James F. Valley, Mayor CITY OF HELENA-WEST HELENA, AR J. F. VALLEY, ESQ., P.A. P O BOX 451 HELENA, AR 72342 (866)786-9885

Sample Ballot -- Ward 5 Helena-West Helena-Arkansas

Thanks,  James F. Valley, Mayor CITY OF HELENA-WEST HELENA, AR J. F. VALLEY, ESQ., P.A. P O BOX 451 HELENA, AR 72342 (866)786-9885

Sunday, October 17, 2010

Community Mourns Passing of David Baylark

Early this morning, I was informed that Mr. David Baylark had passed away. I could not believe what I was hearing. Mr. Baylark, a good man, was so vibrant and full of vigor when I last saw him just a few days ago. I spoke to several people before I came to fully realize that this was the same man who had been so helpful in so many capacities. Most recently he was assisting with the teen court. He transported youth to and from the meetings as they were being trained to participate in the process. He was described several times today as the man who "drove the Freedom for Youth Van."

Mr. Baylark, father Kaylebrae and Joshua, will be truly missed. Mrs. Betty Darnell is his sister. I ask that you join me in praying for his children, family and friends.

Friday, October 15, 2010

Mayor Valley Releases 2009 Audit Report for City of Helena-West Helena

2009 Audit

Monday, October 11, 2010

Valley, Willis & Hudson to Square Off in Mayoral Debate

It's official. The Helena-West Helena Mayoral Candidates will engage in a debate on Thursday, October 14, 2010 at the Malco Theatre. The doors will open at 5:00 p.m. The debate will begin at 6:00 p.m. The format is yet to be fully determined.

The general public is invited to attend the debate. KJIW FM 94.5 and http://www.kjiwfm.com will provide a delayed broadcast of the debate at 8:00 p.m. on Thursday night. This debate will provide the candidates with an opportunity to share their thoughts and plans for our community's future. This debate will also provide the public with an opportunity see and hear the candidates respond to serious questions about serious matters.

The candidates for mayor are:
Mayor James F. "JF" Valley --- Goals for Next Administration
Arnell Willis
Bruce Hudson

I will update this post as more information is made available to me.

For a listing of those who filed for office click this link:
http://bit.ly/hwhmunifilings2010

Thursday, October 7, 2010

Mr. Valley are you running for Mayor?

http://jamesfvalley.wordpress.com/2010/10/07/audio-post-3/

--

Monday, October 4, 2010

Today is the Voter Registration Deadline in Arkansas --- See Secretary of State's Press Release

Voter Registration Deadline Almost Here 1.6 Million Arkansans Registered
Friday, Oct 1, 2010

Voter Registration Deadline Almost Here
1.6 Million Arkansans Registered

Little Rock, AR--Secretary of State Charlie Daniels reminds Arkansans that the voter registration deadline is Monday, October 4th. New voters must submit a registration application prior to the deadline to be eligible to vote in the General Election and Non-Partisan Judicial Runoff Election on November 2, 2010.

More than 1.6 million Arkansans are registered to vote, which translates to 75% of the voting age population. This week, the Secretary of State's office processed 2,301 registration applications and expects to receive more as the deadline approaches.

"Time is running out for those Arkansans who are not registered but want their voices heard in November," said Secretary Daniels. "I encourage anyone who hasn't registered to do so and not be turned away at the polls because they missed this important deadline."

Arkansans may check the status of their voter registration by visiting www.votenaturally.org, the Secretary of State's one-stop online election resource portal. Those who are not registered can download an Arkansas voter registration application from the website. Voters who have changed addresses or names since they last registered to vote may use the application to update their information.

To be eligible to vote in Arkansas, an applicant must be a U.S. citizen residing in Arkansas who will be 18 years of age on or before Election Day. Registrants cannot claim the right to vote in another county or state and must also be free of certain restrictions relating to voter competency and felony convictions.

When registering to vote, first time applicants should include a copy of a valid photo I.D., utility bill, paycheck, or government document that shows one's current name and address information. If no I.D. is provided with the application, voters will be required to show I.D. at the polls or vote a provisional ballot. Election officials will later determine whether that ballot can be counted.

Applications are also available at state revenue and county clerks' offices, public libraries, and public assistance agencies; by mail through requests to the county clerks' offices or to Voter Services in the Secretary of State's office at 1-800-247-3312 begin_of_the_skype_highlighting, end_of_the_skype_highlightingor online from the Secretary of State's website at www.votenaturally.org. A Spanish version of the application is also available.

--

Wednesday, September 29, 2010

Re-Elect Mayor James F. Valley Campaign Releases Its First Campaign Ad

You may forward. You may also upload to Facebook, Twitter, Myspace and the others. Thanks for your help.

Valley For Mayor Ad

Monday, September 27, 2010

Invitation: Town Hall Meeting Regarding HWH Schools @ Thu Sep 30 5:30pm - 7pm (valleyformayor.2010@blogger.com)

more details »

Town Hall Meeting Regarding HWH Schools

Seeing the need for the community to have a dialogue with our school superintendent and the members of our board of directors in the Helena-West Helena School District, I have called a Town Hall Meeting for Thursday, September 30, 2010 at 5:30 p.m. at the Malco Theatre. I have confirmed attendance by Mr. Willie Williams, School Superintendent and Mrs. Constance Jarrett, School Board President. The purpose of this meeting is to provide the district and the community with an opportunity to dialogue about where we are and how we intend to move forward. This meeting will feature the superintendent providing remarks to be followed by a question and answer session. This meeting will not extend beyond 7:00 p.m. We will move with dispatch to begin our conversation. 
 
It is my hope that all board members will be in attendance as well as all school district personnel holding key administrative positions. This town hall meeting is, in my mind, the beginning of what will become a continuing conversation between our district leaders and our community. All of us want accountability in our district. We want good schools where students score well on standardized tests. We want our students to escape the remediation trap that so many students experience in college. We want results.  
 
We are fully cognizant that we must be accountable as well and that we are not going to be saved by the calvary.  
 
I am submitting this press release far and wide hoping to capture the attention of many critical players in our community. "We know too well that economic development goes hand in hand with education. We also know that communities are strongest when there is the presence of a well trainied and well educated workforce." Let us meet with our school officials and hear from them. Let us prod them with questions that further define the goals presented and, finally, let us work with them and hold them accountable to standards we deem most appropriate for our community. 
 
See you there.

When	Thu Sep 30 5:30pm – 7pm Central Time
Where	Malco Theatre -- Cherry Street (map)
Calendar	valleyformayor.2010@blogger.com
Who	(Guest list has been hidden at organizer's request)

Going? Yes - Maybe - No more options »

Invitation from Google Calendar

You are receiving this courtesy email at the account valleyformayor.2010@blogger.com because you are an attendee of this event.

To stop receiving future notifications for this event, decline this event. Alternatively you can sign up for a Google account at https://www.google.com/calendar/ and control your notification settings for your entire calendar.

Mayor Valley Calls Town Hall Meeting For Thursday, September 30th at 5:30

Seeing the need for the community to have a dialogue with our school superintendent and the members of our board of directors in the Helena-West Helena School District, I have called a Town Hall Meeting for Thursday, September 30, 2010 at 5:30 p.m. at the Malco Theatre. I have confirmed attendance by Mr. Willie Williams, School Superintendent and Mrs. Constance Jarrett, School Board President. The purpose of this meeting is to provide the district and the community with an opportunity to dialogue about where we are and how we intend to move forward. This meeting will feature the superintendent providing remarks to be followed by a question and answer session. This meeting will not extend beyond 7:00 p.m. We will move with dispatch to begin our conversation.

It is my hope that all board members will be in attendance as well as all school district personnel holding key administrative positions. This town hall meeting is, in my mind, the beginning of what will become a continuing conversation between our district leaders and our community. All of us want accountability in our district. We want good schools where students score well on standardized tests. We want our students to escape the remediation trap that so many students experience in college. We want results.

We are fully cognizant that we must be accountable as well and that we are not going to be saved by the calvary.

I am submitting this press release far and wide hoping to capture the attention of many critical players in our community. "We know too well that economic development goes hand in hand with education. We also know that communities are strongest when there is the presence of a well trainied and well educated workforce." Let us meet with our school officials and hear from them. Let us prod them with questions that further define the goals presented and, finally, let us work with them and hold them accountable to standards we deem most appropriate for our community.

See you there.

Community Saddened by the loss of Lavera Gilcrest Jackson

Early this morning in our community, the word came down that Ms. Lavera Jackson had given up the Earthly journey and joined the saints in Life Eternal. She joins her husband Cleveland Jackson, Jr.; her father Earl Gilcrest, and her mother Dollie Gilcrest among many others. She was the mother of Cleveland Jackson, III and Tawonna Jackson Edwards.

Lavera was a staple at the Eliza Miller Junior High School where she worked in the administrative offices for many years. She was also a staple at the Spring Lake Missionary Baptist Church in the Southland Community. She also served her community by assisting with elections for many, many years.

Professional, courteous and friendly were the trademarks of Ms. Jackson's public presence. She was always helpful and altruistic. She will certainly be missed. I ask that you join me in praying for help family and friends as we make this transition.

Tuesday, September 21, 2010

Shootings on Walker Street (Early this Morning)

Ms. Christine Fulmer and Mr. Antonio Walker were shot early this morning. The call came into the police dispatch station from the 800 Block of Walker Street. Ms. Fulmer was shipped to Memphis after receiving a shot to the head. Mr. Walker was allegedly driven to the local ER by Van Braggs. The health condition of these person has not been released. We will update this posting as soon as information is available.

Violent crimes, sometimes described as "spur of the moment crimes" tend to increase when economic conditions worsen and people's fuses grow even shorter. These crimes, therefore, are the most difficult to prevent because they happen so quickly and most times unexpectedly.

Monday, September 20, 2010

NOTICE OF MEETING DATE CHANGE -- DELAYED UNTIL 9-28-2010

To better facilitate our discussion and action to be taken on the flood plan maps and other important matters placed on our agenda by our city council members, please take notice that our regularly scheduled council meeting will be held on Tuesday, September 28, 2010 instead on Tuesday, September 21, 2010.

This meeting will be at 6:00 p.m. at 226 Perry Street. I believe it is appropriate therefore, to permit additions to the agenda up through 5:00 p.m. Thursday, September 23, 2010. We will send another packet with additional information following the close of business on Thursday.

Farmer's Market Booths at BluesFest

Stay informed: http://www.valleyformayor.com | http://friendfeed.com/jamesfvalley |
http://bit.ly/callmayorvalley |
http://gravatar.com/jamesfvalley | http://www.google.com/profiles/MayorJFValley

Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
226 Perry Street
Helena-West Helena, 72342
501-291-1735 Main Number
870-817-7400 Phone
870-817-4035 Cell
800-517-7240 Fax

Tuesday, August 3, 2010

Boone Submits August Financial Report Early

City Treasurer, Michael Lynn Boone, has submitted his August Financial Report two weeks early. To view the report, click on the following link:

Boone's August Financial Report

Monday, July 26, 2010

Truck Delivered to Ohio Street

City Front End Loader (FEL) #24 Burns in Conflagration En Route to Landfill

Early this morning, Donald Duncan, CDL Driver for the Sanitation Department, was making a usual run to the Helena-West Helena-Regional Landfill when the truck began to burn from the engine. The design of this truck is such that the cab of the truck sits over the engine. Fortunately, Mr. Duncan escaped the blaze unharmed. The exact cause of the fire has yet to be determined.

The observation made by Fire Chief Reginald Wilson, Sanitation Supervisor Victor Jordan and Street Supervisor Oscar Hoskins is that the truck is likely a total loss. This truck was acquired during the administration of former Mayor Johnny Weaver and was used to pickup commercial dumpsters from various businesses, industries and agencies. The city had, including this truck, three (3) FELs: #24, #28 and #30.

Because of the size and weight of the truck, Moon's Wrecker was called by those on the scene to move the truck to the Ohio Street Shop.

City mechanics and the Sanitation Supervisor have been directed to make every effort to assure that commercial waste continues to be picked up and delivered to the landfill in a timely and compliant manner.

Stay informed: http://www.valleyformayor.com | http://friendfeed.com/jamesfvalley |
http://bit.ly/callmayorvalley |
http://gravatar.com/jamesfvalley | http://www.google.com/profiles/MayorJFValley

Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
226 Perry Street
Helena-West Helena, 72342
501-291-1735 Main Number
870-817-7400 Phone
870-817-4035 Cell
800-517-7240 Fax

City Front End Loader (FEL) #24 Burns in Conflagration En Route to Landfill

Because of the size and weight of the truck, Moon's Wrecker was called by those on the scene to move the truck to the Ohio Street Shop for further processing including the removal of proper disposal of the waste that remains inside the rear compartment of the truck.

Saturday, July 24, 2010

Mayor Valley's Journal | A Pictorial Observation

Friday, July 23, 2010

One Contested School Board Race Develops in All Phillips County Public Schools

Christopher Franklin and Wilma (Wilbert) Edward Strotter will vie to hold the District 7 position on the Helena-West Helena School Board in the September election cycle. The Helena West Helena School District is also seeking to re-arrange its millage payments and extend the life of the payments by 17 years in order to gain access to $4 million dollars for needed renovations.

The other public school districts either saw candidates unopposed or no candidate filed for office at all. Those districts are the Barton-Lexa (Lakeview) and Marvell-Elaine. In Barton, however, the board is seeking an increased millage to do some improvements within the district.

Tune in to the Inside Scoop on Saturday morning at 11:30 a.m. or Saturday night at 11:05 p.m. for more information.

Stay informed: http://www.valleyformayor.com | http://friendfeed.com/jamesfvalley |
http://bit.ly/callmayorvalley |
http://gravatar.com/jamesfvalley | http://www.google.com/profiles/MayorJFValley

Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
226 Perry Street
Helena-West Helena, 72342
501-291-1735 Main Number
870-817-7400 Phone
870-817-4035 Cell
800-517-7240 Fax

Thursday, July 22, 2010

USDA Housing Seminar Hosted In Helena-West Helena

Michelle Stinnett, USDA, Washington, DC came to town on Thursday, July 22, 2010 to host a seminar on a few of the housing programs provided by the USDA. It was an excellent presentation.

Presentation

--

Stay informed: http://www.valleyformayor.com | http://friendfeed.com/jamesfvalley |
http://bit.ly/callmayorvalley |
http://gravatar.com/jamesfvalley | http://www.google.com/profiles/MayorJFValley

Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
226 Perry Street
Helena-West Helena, 72342
501-291-1735 Main Number
870-817-7400 Phone
870-817-4035 Cell
800-517-7240 Fax

Wednesday, July 21, 2010

BluesFest Presentation 7-20-10 City Council Meeting

Valley for Mayor Petition Forms Available -- Download, Print and Sign your copy today

Click this link to view and download the petition:

Valley for Mayor Petition Forms

Mayor Valley needs at least 30 valid signatures in order to qualify as a candidate for mayor.

--

Stay informed: http://www.valleyformayor.com | http://friendfeed.com/jamesfvalley |
http://bit.ly/callmayorvalley |
http://gravatar.com/jamesfvalley | http://www.google.com/profiles/MayorJFValley

Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
226 Perry Street
Helena-West Helena, 72342
501-291-1735 Main Number
870-817-7400 Phone
870-817-4035 Cell
800-517-7240 Fax

Sunday, July 11, 2010

Mayor's Radio Show Draws Council's Fury

Note: The Inside Scoop is aired each Saturday Morning at 11:30 a.m. and Saturday night at 11:05 p.m. on KJIW FM 94.5 and www.lordradio.com

Mayor's radio show draws council's fury

By Sarah D. Wire

Today's Most Discussed Stories

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• E-MAIL
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LITTLE ROCK — Some Helena-West Helena City Council members want the mayor to stop badmouthing them on his Saturday morning radio show.

In a move aimed at reining him in, they asked the state attorney general whether the council could legally bar the mayor from using excerpts from the recordings of council meetings unless he gets their permission.

He has used excerpts to buttress his remarks on the show, remarks that sometimes disparage council members, they said, or call attention to things they said but which they hoped would never be trumpeted about.

Mayor James Valley said he understands their frustration.

But the fact that some council members aren't comfortable with how he depicts them won't stop his long-running political commentary show, he said.

"Our program is not one that's cushy-feely," he acknowledged. "It is direct, but it is truthful. I understand where they might have a problem with the way they are characterized sometimes."

Some council members said they also are concerned that he's using the recordings for political campaign purposes.

Attorney General Dustin McDaniel's July 2 response to their query told them that the state's Freedom of Information Act is the law, and the council has to live with it. That law requires governmental bodies to have public meetings and gives citizens, including mayors, access to public records, including the official recordings of the meetings.

McDaniel cited Arkansas Code Annotated 25-19-101 through 25-19-110.

"There is no requirement that a citizen consult the city's governing body to obtain permission to listen to or play the public records," the attorney general said.

When Helena and West Helena merged in 2006, Valley asked local media to broadcast council meetings.

Elijah Mondy, 63, owns several area radio stations including KJIW-FM, 94.5, in Helena-West Helena. The council's twice-a-month meetings are broadcast on the station after they happen.

Video footage of council meetings is also shown on the local public access channel.

"In the previous city there was a concern that there is too much going on that the people don't know about," Mondy said. "I'm donating the time; that's free of charge. It's my civic duty."

The city purchased equipment and pays Mondy's son, a radio station employee, to record the meetings, Mondy said. The broadcast of the meetings starts at 10:05 p.m. on the second and fourth Tuesdays of the month.

"A lot of people tune in out of curiosity," Mondy said. "And they don't like what they are hearing."

Most aldermen said they want the meetings to be broadcast.

"Not only do we want, but we encourage it," Ward 1 Alderman Bruce Hudson said. "You can't get people to the meeting."

In January 2009, council members questioned whether the meetings needed to be broadcast at all, but the public backlash caused them to back down, Mondy said.

Hudson said the council has a problem with how the mayor uses excerpts without giving context and specifically to embarrass aldermen.

Valley hosts and pays for a Saturday morning show called Inside Scoop, which provides commentary on what is happening in local government. It airs at 11:30 a.m. on KJIW.

He said he occasionally uses material from the meetings to explain policy to his listeners.

He provides context for the quotes, he said, but "it's their words, their voice. They don't want people to see or hear how their government officials are conducting their business."

The show's purpose is to empower citizens, Valley said.

"I don't like it to be about Bruce Hudson," Valley said. "It's supposed to be about the policy or the specific program, but sometimes it's about Bruce Hudson."

Valley had a show even before the cities consolidated and before he became mayor.

"The general aim of the program is good; we've been on the air for six or seven years doing the same thing," Valley said. "The last City Council never once complained." Hudson argues that the shows have delved into what type of underwear aldermen wear and encouraging citizens not to shop at businesses owned by council members.

When the council discussed prohibiting young men from letting their pants sag, Hudson said during the meeting that he prefers to wear thong-type underwear, Valley said.

The excerpt has been rebroadcast repeatedly to show how aldermen waste taxpayer time, Valley said.

"The people are entitled to see or hear your deliberations," Valley said.

Hudson said the clips are used to embarrass council members, not to make a point on policy.

"They take excerpts ... completely out of context to smear the image of City Council members," Hudson said.

Hudson said the question asked of the attorney general is not really what the council wanted to know.

And what is it they wanted to know?

Whether the show can "take excerpts ... and use them for campaigning without the express permission of the city council?" Hudson said.

Valley is not a council member, though he is allowed to vote to break a tie. And, he said, he has not announced whether he will run for reelection in November.

Hudson said Valley uses the show as a way to drum up support for his administration. He said Valley is acting as if he is running for re-election.

Valley said he wouldn't care if the council members used the recordings for campaigning.

"They already have the audio and the video and they are free to do whatever they choose with it," Valley said

But, Hudson said the council members don't have access to copies of the audio recording, and they feel that if the mayor can use that they should be allowed to as well. He said if the recordings are public record then any citizens should have access.

"If it exists in the city, the citizens and the city council are not aware of that," Hudson said. "It's our audio history; we want to keep and have possession of it."

The Helena-West Helena city clerk said she puts audio and video copies of the meetings in the City Council members' mailboxes every week. Some aldermen, including Hudson, disputed that.

"No, I don't get anything," Ward 2 Alderman Joe St.

Columbia, said. "We should get a copy of it as well. If he [Valley] gets a copy of it, we should get a copy of it."

Others said piles of CDs have been accumulating since aldermen asked the radio station employee to make them copies during a meeting at least two months ago. Mondy said the council decided to pay his employee $7 per copy, which is the same amount paid to the person who records the video footage. The city pays the two people making the recordings $35 an hour.

"They're certainly available," Ward 5 Alderman Don Etherly said. "In fact, I asked them to stop providing them to me because they were just stacking up."

Etherly is co-host of Inside Scoop along with Valley and Andrew Bagley, a political science instructor from the Phillips Community College of the University of Arkansas.

The aldermen confirmed they receive DVD copies of the recorded meetings.

Valley said the city clerk keeps several copies of the audio and video recordings available for public use.

"The city clerk typically gets them and puts them in their mailbox; now whether they pick them up and what they do with them, I don't know," Valley said.

This article was published today at 5:32 a.m.

Front Section, Pages 1 on 07/11/2010

Friday, July 9, 2010

Attorney General's Opinion on City Ordinances and How and When They Become Effective

Opinion No. 2003-066

April 4, 2003

The Honorable Michael Lamoureux
State Representative
P.O. Box 1064
Russellville, AR 72811-1064

Dear Representative Lamoureux:

You have presented the following questions for my opinion:

Is an ordinance in effect if it is passed and approved by the city council on its third reading but never published in a local newspaper?
Would the answer be any different if the ordinance was never signed by the mayor and city clerk?
Would the answer to the first question be any different if the ordinance passed and approved by the city council had an emergency clause?
If an ordinance is passed and approved by the city council as well as signed by the mayor and city clerk but never published in a local newspaper, could subsequent publication of the ordinance a number of years later cure any defect and put the ordinance into effect?
Would the answer to Question 4 be any different if the ordinance was never signed by the mayor or city clerk at the time of passage and approval by the city council but subsequently singed by the mayor and city clerk after a period of years and published in a local newspaper?

Response

Question 1 – Is an ordinance in effect if it is passed and approved by the city council on its third reading but never published in a local newspaper?

It is my opinion that a non-emergency ordinance[1] cannot go into effect if it is not published in a local newspaper (or posted, if the municipality does not have a local newspaper).

This issue is explicitly addressed in A.C.A. § 14-55-203, which states in pertinent part:

(c) The effective dates for ordinances and other local measures of cities of the first class, cities of the second class, and incorporated towns shall be as follows:

(1) Upon publication or posting as is otherwise required by law, but not before ninety-one (91) days after passage by the governing body of the city or town;

A.C.A. § 14-55-203(c)(1) (emphasis added).

The above-quoted statutory language is clear and unambiguous. Non-emergency city ordinances will not go into effect until they are published as required by law (and not before ninety-one days after passage).

Moreover, ordinances that are not published are deemed invalid and the Arkansas Supreme Court has held that later publication of such ordinances will not revive them.

In City of Fort Smith v. O.K. Foods, Inc., 293 Ark. 379, 738 S.W.2d 96 (1987), the city enacted an ordinance increasing sewer rates and began collecting the increased rates on October 1, 1983. However, the city failed to comply with certain pre-enactment hearing and publication requirements set forth in the statutes authorizing cities to enact ordinances establishing sewer rates. (See A.C.A. § 14-234-223.) The city also failed to comply with the generally-applicable post-enactment publication requirements of the statute now codified at A.C.A. § 14-55-206. The current version of that requirement now states:

(a)(1)(A) All bylaws or ordinances of a general or permanent nature and all those imposing any fine, penalty, or forfeiture shall be published in some newspaper published in the municipality.
(B) In municipalities in which no newspaper is published, written or printed notice posted in five (5) of the most public places designated by the governing body in an ordinance or minutes of the governing body shall be deemed a sufficient publication of any law or ordinance.
(2) It shall be deemed a sufficient defense to any suit or prosecution of such fine, penalty, or forfeiture to show that no notice was given as provided herein.
(b) As to ordinances establishing rules and regulations for zoning, construction of buildings, the installation of plumbing, the installation of electric wiring, or other similar work, where such rules and regulations have been printed as a code in book form, the code or provisions thereof may be published by the municipality by reference to title of the code without further publication or posting thereof. However, no fewer than three (3) copies of the code shall be filed for use and examination by the public in the office of the clerk or recorder of the municipality subsequent to the adoption thereof.

A.C.A. § 14-55-206.

However, the city did publish the ordinance considerably later (on February 15, 1985). The Arkansas Supreme Court held that the city's failure to comply with both the pre-enactment hearing and publication requirements and the post-enactment publication requirements rendered the ordinance invalid. The court further held that city's later publication of the ordinance did not revive it. The ordinance was therefore never valid, and the court ordered a refund of all increased amounts paid pursuant to the ordinance. The court specifically noted that the procedural requirements for the passage of ordinances is mandatory and must be complied with in order for the ordinance in question to be valid. City of Ft. Smith, 293 Ark. at 384. Accord, Brooks, 304 Ark. at 576, citing City of Benton v. Phillips, 191 Ark. 961, 88 S.W.2d 828 (1936).

The court has continued to apply a strict compliance standard to the procedural requirements for the passage of city ordinances. See, e.g., Phillips v. City of Eureka Springs, 312 Ark. 57, 847 S.W.2d 21 (1993) (finding ordinance invalid where published by private citizen rather than the city). See also Brooks v. City of Benton, 308 Ark. 571, 826 S.W.2d 259 (1992) (reversing summary judgment upon finding genuine issue of fact as to whether ordinance was invalid because notice to public did not strictly comply with requirement of expressly stating the availability of a map and zoning regulations being incorporated into the ordinance by reference).

On the basis of the explicit language of A.C.A. § 14-55-203(c)(1), the mandatory language of A.C.A. § A.C.A. § 14-55-206, and the above-referenced judicial precedents, I conclude that a non-emergency ordinance that is not published as required by law cannot go into effect and is not valid.

Question 2 – Would the answer be any different if the ordinance was never signed by the mayor and city clerk?

It is my opinion, on the basis of the precedents referenced in response to Question 1, that if the ordinance was never signed by the mayor and city clerk, it is not valid.[2]

The requirement that ordinances be signed by the mayor and city clerk is stated in A.C.A. § 14-55-205, as follows:

All bylaws or ordinances after their passage shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer of the governing body and the clerk or recorder.

A.C.A. § 14-55-205.

The Arkansas appellate courts have not engaged in an analysis or interpretation of the language of A.C.A. § 14-55-205. It is my opinion that if the courts were to engage in such an analysis, they would take the same strict approach that the Arkansas Supreme Court took in the cases referenced in response to Question 1. That is, I believe that the courts would hold that because the above-quoted authentication requirement is stated in mandatory terms, it requires strict compliance, and a failure to comply strictly with this requirement will render an ordinance invalid. Accord, City of Corning v. Watson, 252 Ark. 1277, 482 S.W.2d 797 (1972) (affirming lower court's ruling that ordinance incorporating map was invalid because map not authenticated as required by law).

Question 3 – Would the answer to the first question be any different if the ordinance passed and approved by the city council had an emergency clause?

It is my opinion that if the ordinance in question contained an emergency clause but was not published, it did go into effect immediately upon passage. However, it cannot be enforced to impose a fine, penalty, forfeiture or deprivation of liberty or property until it has been published within a reasonable time. If the ordinance does not impose a fine, penalty, forfeiture or deprivation of liberty or property, it can be enforced prior to publication if it is published within a reasonable time. However, if the ordinance is "never" published (as indicated by your question), it is my opinion that it is not valid, for the reasons stated in response to Question 1.

The effective date of ordinances containing emergency clauses is set forth in A.C.A. § 14-55-203, as follows:

(c) The effective dates for ordinances and other local measures of cities of the first class, cities of the second class, and incorporated towns shall be as follows:

* * *

(3) An ordinance containing an emergency clause shall go into effect immediately upon passage or at the time specified by the emergency clause, regardless of publication or posting, but an emergency clause shall not be effective to impose any fine, penalty, forfeiture, or deprivation of liberty or property until after the ordinance has been published or posted as is otherwise required by law.

A.C.A. § 14-55-203(c)(3).

Moreover, Amendment 7 to the Arkansas Constitution states:

Emergency - If it shall be necessary for the preservation of the public peace, health and safety that a measure shall become effective without delay, such necessity shall be stated in one section, and if upon a yea and nay vote two-thirds of all the members elected to each house, or two-thirds of all the members elected to city or town councils, shall vote upon separate roll call in favor of the measure going into immediate operation, such emergency measure shall become effective without delay. It shall be necessary, however, to state the fact which constitutes such emergency. Provided, however, that an emergency shall not be declared on any franchise or special privilege or act creating any vested right or interest or alienating any property of the State. If a referendum is filed against any emergency measure such measure shall be a law until it is voted upon by the people, and if it is then rejected by a majority of the electors voting thereon, it shall be thereby repealed. The provisions of this subsection shall apply to city or town councils.

Ark. Const., Am. 7.

It is clear from the language of Amendment 7 and A.C.A. § 14-55-203(c)(3) that emergency ordinances become effective immediately upon passage without regard to publication. However, it is also clear that such ordinances cannot be enforced to impose a fine, penalty, forfeiture or deprivation of liberty or property until they have been published.

A question thus arises as to whether an emergency ordinance that does not impose a fine, penalty, forfeiture or deprivation of liberty or property can be enforced prior to publication. Certain dicta of the Arkansas Supreme Court in Kemp v. Simmons, 244 Ark. 1052, 428 S.W.2d 59 (1968) seems to indicate that if the emergency ordinance is published within a reasonable time,[3] it can be enforced prior to publication if it does not impose a fine, penalty, forfeiture or deprivation of liberty or property. In Kemp, the court addressed the issue of whether an emergency ordinance to close part of a road had gone into effect before it was published. The court held that it had gone into effect, and stated:

We do not imply that the adoption of an emergency clause dispenses with the necessity for publication, but the effectiveness of an emergency ordinance not providing for fine, penalty, or forfeiture should not be suspended until publication at least if it is published within a reasonable time.[4]

Id. at 1064 (emphasis added).

I therefore conclude that an ordinance containing an emergency clause goes into effect immediately upon passage. However, it cannot be enforced to impose a fine, penalty, forfeiture or deprivation of liberty or property until it has been published within a reasonable time. It can be enforced prior to publication for purposes other than to impose a fine, penalty, forfeiture or deprivation of liberty or property if it is published within a reasonable time. If the ordinance is never published, it is not valid.

Question 4 – If an ordinance is passed and approved by the city council as well as signed by the mayor and city clerk but never published in a local newspaper, could subsequent publication of the ordinance a number of years later cure any defect and put the ordinance into effect?

It is my opinion, as indicated in the above discussion in response to Question 3, that an ordinance that is not published within a reasonable time is not valid and cannot be revived by later publication. As discussed in response to Question 1, the Arkansas Supreme Court so held in City of Fort Smith v. O.K. Foods, Inc., 293 Ark. 379, 738 S.W.2d 96 (1987). Again, the city in that case enacted an ordinance on October 1, 1983, but did not publish it until February 15, 1985. The court held that this later publication was insufficient to breathe life into the ordinance.

A factor that complicates this issue is that the statute that sets forth the publication requirement (A.C.A. § 14-55-206) does not state a time period during which publication must occur. The "within a reasonable time" dicta from Kemp, quoted previously in response to Question 3, is the best guidance available on the question of the time period during which publication of ordinances must occur. I therefore conclude, on the basis of that dicta and City of Ft. Smith, supra, that if an ordinance is not published within a reasonable time, it is not valid, and later publication of the ordinance will not suffice to render it valid.

The question of what constitutes a "reasonable time" is, in my opinion, a question of fact that will turn on the pertinent circumstances of each case.

Question 5 – Would the answer to Question 4 be any different if the ordinance was never signed by the mayor or city clerk at the time of passage and approval by the city council but subsequently signed by the mayor and city clerk after a period of years and published in a local newspaper?

The Arkansas Supreme Court has not addressed this question, as applied to the authentication requirement. It is my opinion, however, that if the court were faced with the question, it would take the same "reasonable time" approach that it indicated in Kemp, supra, it would apply to the publication requirement.

The requirement that the mayor and clerk sign ordinances, as stated in A.C.A. § 14-55-205 (discussed previously in response to Question 2), is mandatory. However, as with the publication requirement, the statute does not state a time period during which this authentication is to occur. Although it is my opinion, as indicated previously, that a complete failure to have the ordinance authenticated as required by A.C.A. § 14-55-205 will render the ordinance invalid, I believe that if the mayor and clerk sign an ordinance within a reasonable time, this will suffice to meet the authentication requirement. If they do not sign within a reasonable time, it is my opinion that the ordinance is not valid, and later signing of it will not revive it.

Again, the Arkansas Supreme Court has not addressed this issue, but the most analogous available authority (i.e., the dicta from Kemp and the City of Ft. Smith decision, supra) indicates that the court would likely take this approach if faced with the issue. Pending further guidance from the court on this issue (or legislative clarification), it is my opinion that this is a reasonable interpretation of the requirement.

Assistant Attorney General Suzanne Antley prepared the foregoing opinion, which I hereby approve.

Sincerely,

MIKE BEEBE
Attorney General

[1]Emergency ordinances are discussed in response to Question 3, infra.
[2]I interpret this question to indicate that the ordinance was neither signed nor published. My answer to this question would be the same even if it is assumed that the ordinance was published but not signed.
[3]As discussed in response to Question 4, infra, A.C.A. § 14-55-206, which establishes the publication requirement, does not state a specific time period during which publication of ordinances is to occur.
[4]It should be noted that Kemp was a 1968 case. The language of A.C.A. § 14-55-203(c) (which includes the limitation on effectiveness until publication) was not added to the statute until 2001.

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Honorable James F. Valley
MAYOR - Helena West Helena
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