City director residency requirements clarified under Act 27

Act 27 of the 87th Arkansas General Assembly may help avoid the troubles that ensued when former Fort Smith city director Velvet Medlock chose to live in a district other than the one to which she was elected.

State Rep. Tracy Pennartz, D-Fort Smith, filed HB 1023 in early December to amend the law relating to Fort Smith’s form of government so it clearly stated members of the city board of directors must live in the areas they represent.

Medlock was elected to represent Ward 2 in 2004, which is the north side of Fort Smith. After that, she moved with her husband to an $800,000 home in Riley Farm, located in south Fort Smith. Medlock maintained that because she still maintained her north Fort Smith address she was within her rights to continue serving. City laws and an Arkansas Attorney General opinion were vague on Medlock’s ability to continue to serve. After much pressure and a nasty dispute between Medlock’s husband, Jeff Barrows, and Fort Smith Chief of Police Kevin Lindsey, Medlock resigned as city director.

Pennartz’s bill was approved by the House and Senate, and signed into law Mar. 4, according to the Web site of the Arkansas Legislature.

Act 27 added three key amendments to the law governing Fort Smith’s form of government:
• "The persons elected to fill director positions one, two, three, and four, respectively, shall continue to reside in the ward from which he or she was elected for the term for which he or she was elected."
• "The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall continue to reside in the city from which he or she was elected for the term for which he or she was elected."
• "If a duly elected director shall cease to reside in the ward or the city from which he or she was elected, the director shall be disqualified to hold the office and a vacancy shall exist that shall be filled as prescribed by law."