York: Will pull petition if 1% vote is scheduled

Eddie York, the de facto leader of the Citizens for Responsible Taxes, says the group will pull their petition effort if the Fort Smith Board of Directors sets an election on a 1% prepared food tax. He also said the group is not behind an effort to recall city directors.

Petitions seeking signatures for an election were pushed by the CRT after the Fort Smith Board of Directors enacted in February a 1% prepared food tax that was to be implemented June 1. The tax was approved by the board in February as a solution to an annual deficit with Fort Smith Convention Center operations predicted to occur when $1.8 million in annual state turnback money dried up. The state turnback program—which supported expansion or construction of tourism facilities — ended for Fort Smith in June 2010. The center has since operated on a reserve fund.

On April 25, Gard found the CRT petitions insufficient. Gard’s investigation, including interviews and testimony from several persons who gathered petitions, found that “at least” 1,409 of the 3,363 signatures verified as legal voters “cannot be accepted as verified inasmuch as those affiants have confirmed that there were signatures that they did not personally witness.”

Sebastian County Circuit Court Judge Michael Fitzhugh issued an order June 28 that forced Gard to give the CRT 10 days to correct deficiencies “related to the insufficient number of verified signatures.” Those signatures were submitted July 8.

During a July 12 board study session, City Director Pam Weber, who was one of four directors to vote for enactment of the tax, said she would support sending the question to voters. Weber said she hoped if the board called a food tax election, the petitioners would “act in good faith” and withdraw their petition.

York said he and other CRT members have no problem dropping the petition effort as long as the ballot language is easy to understand.

“All we wanted was to get this on the ballot,” York said Friday morning. “That was our objective to get it on the ballot. We just wanted a vote. If we get a vote, we’re all done. … As long as the ballot title is simple and easy to understand.”

Brian Meadors, attorney for CRT, said the ballot language will need to be clear.

“We have to make it clear they are voting for the prepared food tax, ‘Yes’ or ‘No,’” Meadors said. “In other words, no double negatives on the ballot language.”

The board is expected to review its position on the tax during a July 26 study session.

NO RECALL TALK
York also said the group does not support any planned effort to recall city directors who voted for direct enactment of the 1% tax. He says talk of CRT involvement in a recall effort is “silly.”

Jerry Burnett, who claims to be a supporter of the Citizens for Responsible Taxation, said recently that some effort has been made to seek a recall election for Fort Smith City Directors Philip Merry Jr., and Pam Weber.

Fort Smith City Clerk Sherri Gard said Jack Swink is the only person to ask her office for information on the recall process. Swink has been vocal about his opposition to the 1% tax, and was one of the CRT leaders. (Swink still has not responded to questions about his role in a recall effort.)

York on Friday denied any involvement in a recall, and said the idea was never discussed at CRT meetings.

“We’re not after Phil Merry or Pam Weber. I know there are some people who don’t like Merry or Pam, but we have some people in our group who do like them,” York said. “The recall happens at the next election. If that’s what the people want, then that’s what the people will do, but we’re not doing that.”

Continuing, York said: “If that (recall) is happening, it might be one of our supporters who has an axe to grind, but that’s not us. We just wanted to get this before the voters.”