WTF?????

Local politics rant again.........

In a small town many times you can directly email your councilmen and voice your concerns. I did just that and this is what I got back. WTF????? That's all I can think of here. Gonna have to schlep it up to the courthouse on monday for the next council meeting and get political. dammit. well read on, it's worth a giggle............... (order bottom to top) Was this lady even reading my email????? Speaking of not listening..........


Dear Amanda,

The vacancy creates an issue that is unique to all other council votes.
It only takes a majority of the remaining members, and this is the only time state law is specific that we shall decide the qualification of our membership. In all other situations, public input and perhaps outside influence would apply, but not in this instance.It, by law, is the only time a decision is exclusively the council's decision.I believe we did follow the letter of the law.When I was taking notes on citizen comments I am doing exactly that.I choose not to interrupt citizens, but always try to speak during council comments concerning citizen input.The last meeting, many untruths were thrown out there to publicly humiliate me, and it is really getting old.The hypocrisy of blasting council, then asking us to be nice is ridiculous. The slander suit now being considered by 2 attorneys, is not somewhere I really want to go, but because of the outrageous nature of their character assignations must be stopped.Once again, the citizens who voted in the majority and put us in office, have stepped up to the plate and offered enough to wage an excellent court case.

Thanks, Kathy



Tue, 12 Feb 2008 11:55 pm
Subject: Re: City council meeting 2-11-2008
Ms. Harrison,
Thank you for taking the time from your busy schedule to respond to my email
regarding my concerns about the council and it's current actions. I am familiar
with both sections which you have copied for me, I took it upon myself to
research Arkansas law on the matter after following the events surrounding Pat
Matsukis. The issue I have is not one of questioning the legality of these
events or who will be filling this vacant seat, as I am sure if taken through
the proper legal channels this issue can be resolved. The problem I really have
is with the way this and other situations are handled by you and your fellow
alderman, and the fact that you don't really listen to your citizen's concerns
and input. I watch every council meeting and I see you not even looking at the
person who is speaking during public comments, but instead, shuffling through
papers and making notes. You give the general public the impression by your body
language and actions that you do not care and aren't listening to what the
public is saying to you. I have had several people tell me not to bother
emailing my concerns to this city council as it will be ignored or I will get
a "blow off response." I hope this proves to be untrue, I would like to have
faith in the fact that those who swore to uphold the interests of the city and
it's residents would care enough to respond in an appropriate and relevant
manner to questions and or concerns your constituents may have. So I guess my
question would be, what are you going to do to change that image and how are you
going to do your part in ensuring that further business at hand at council
meetings is taken care of instead of brushed aside by petty arguments and
comments??
Thank you again for your time and I look forward to hearing from you soon.
Sincerely,
Amanda Banaszek

:
> Dear Amanda,
>
> I appreciate your interest in local politics and that you follow the elected
government actions.
>
> Perhaps you will find the following information of help in understanding
the?majority of the council's decisions.
>
> Arkansas Law/Code
>
> 14-43-411
> (a)(1) Whenever a vacancy shall occur, for any reason, in the office of
alderman in any city of the first class, at any regular meeting after the
occurrence of the vacancy, the city council shall proceed to elect by?to ELECT
by a majority vote of the remaining members elected?to the council and aldermen
to serve for the?unexpired term.
> (2) The person elected by the council shall be a resident of the ward where
the vacancy occurs at the time of the vacancy.
>
> 14-43-501
>
> (B) They shall be judges of the?ELECTION returns and of the qualifications of
their own members.
>
> In the Municipal League handbook: Municipal Law in Arkansas, Questions and
Answers it states:
>
> "Can? a mayor veto an appointment of a council member when a vacancy exists on
the?Council?
>
> No Arkansas Supreme Court cases are directly on?point about this issue, nor
does a strict reading ot the statutes specifically answer this?question.
The?attorney general has opined that in first and second class cities it would
appear that this veto power exists. Both opinions were issued in 1990 (See
Attorney General Opinions Nos. 90-078 and 90-034). However, the attoerney
general later opined that it was unclear whether this power existed under state
law with regard to incorporated towns. See Attorney General Opinion 91-078. That
opinion?clouds the issue for all cities, although the better legal
reasoning?appears in the Opinions 90-034, 90-078 and 91-078. However, the
Attorney General noted in 91-078 a Marion County Circuit Court decision finding
that in a city of the second class, the mayor does not have a veto. While that
decision is not binding for the state, it does create some uncertainty on this
issue until a higher court or the legislature provide further guidance".
>
> As you can see opinions and actual court cases are different in their
findings.
>
> In incorportated?and?cities of the second class the courts have ruled the
mayor does not have a veto.?
>
> As things stand now, the question?on the table?seems to be, does the mayor
of?a city of the first class have extrodinanry powers not given to other
municipalities?
> Since the law is silent on this point, to assume this power exists, runs
against the?court decisions for all other municipalites.
>
> It is indeed a shame that obstruction of an election by council is?not
recognized by our mayor.
> The council replaced a councilperson while I was mayor and I assure you if I
thought I had the right to veto that election I would have.
>
> After questioning every member of the executive committee of municipal league,
and every mayor and council person I had breakfast, lunch or dinner with, not
one mayor, and not one councilperson thought the mayor could?veto their
election.
>
> Going to court is a real possibility, and a large legal fund has already been
established. I find the mayor's decision to spend her personal money
defending?her decision against a large group of citizens who elected her to be
against the best interest of the city.
>
> Respectfully submitted,
> Kathy Harrison?
>
>
> -----Original Message-----
>
> Sent: Mon, 11 Feb 2008 10:40 pm
> Subject: City council meeting 2-11-2008
>
>
>
> To members of city council and members of the press,
>
> My name is Amanda Banaszek, and I am a newer citizen of Eureka Springs. I
have
> been here since October of last year. During that time I have taken it upon
> myself to keep up to date with the goings on in local politics. This is my
home
> now, and I want to be informed. The impression I have gotten in these last
few
> months is quite grim. I see council members unable to be in anyway effective
> due to constant arguing amongst themselves and using childish tactics to stop
> the democratic process. It is shameful that a city council meeting should be
> called to a halt by it's members because they are unable to come to an
agreement
> on an issue that has been long overdue. It is even more shameful that those
> same city council members forget that they were appointed by the public to
speak
> and act for the public and instead are choosing to follow their own personal
> agendas instead of listening to what the public wants. There is no reason why
> ANY citizen of Eureka Springs should have a problem getting a hold of ANY
> council member. You are here for the people of this city, MAKE YOURSELVES
> AVAILABLE AND RESPOND TO YOUR CONSTITUENT'S CONCERNS AND QUESTIONS! None of
the
> members of this council who have ignored their constituents will have my vote
> ever again. This includes Rae Hahn, Eric Schuenemann and Kathy Harrison. I
> will also urge my fellow friends and neighbors to do the same.
> Thank you
> Amanda Banaszek
> Citizen of Eureka Springs
> 19 First Street
> Registered Voter