Flexible agenda planned for 1% petition hearing

For the purposes of gathering as much public input as possible, Fort Smith City Clerk Sherri Gard plans to place few restrictions on Wednesday’s (April 20) hearing on the “sufficiency of referendum petitions” that seek a public vote on the 1% prepared food tax.

The hearing is scheduled to begin at 5 p.m., and will be held in the Bartlett Community Room at the Fort Smith Police Department.

Gard said Tuesday the hearing will be similar to the citizen’s forum conducted the end of each regular meeting of the Fort Smith Board of Directors. However, she does not plan to limit the number of speakers or the time allowed per person. Gard also said the hearing will last as long as it takes to gather enough input to make a decision.

“If there is something that citizens out there think I need to know about the petitions or the process, then I want their input,” Gard said.

Those wishing to speak are required to fill out a sign-in form, and Gard does have questions prepared she will ask of those who speak. Fort Smith city attorney Jerry Canfield is expected to attend.

“There will be some things I will want to ask of the proponents and opponents, so yes, I have a few questions ready,” Gard said. “All I care about through my office is that the law was followed through the process. … That is all this (hearing) is about.”

On Mar. 26, about 4,460 signatures were submitted to Gard for sufficiency determination. The effort needs 2,822 valid signatures (registered voters in Fort Smith) to push the 1% prepared food tax to a public vote.

The tax was enacted Feb. 24 by the Fort Smith Board of Directors to resolve a more than 10-year search to plug an annual deficit predicted to occur when state turnback money dried up. The state turnback program ended for Fort Smith in June 2010 from which the city received about $1.8 million a year. Barring a successful citizen-initiated referendum, the tax will go into effect June 1.

On April 1, Gard informed organizers of the petition drive of two problems — no ballot title was submitted with the petitions, and each petition sheet did not have attached a copy of the ordinance sought to be referred.

Brian Meadors, the attorney representing the Citizens for Responsible Taxation, resubmitted the petition documents April 11. In doing so, Meadors threatened “possible criminal charges” if the city of Fort Smith does not accept the resubmitted documents.

Gard announced April 13 the petition-sufficiency hearing. She has until April 25 to make a decision on the sufficiency of the petition — a ruling that also includes the petition having 2,822 valid signatures among those submitted.