Fort Smith board members comment on petition decision

A majority of the Fort Smith Board of Directors support the decision of Fort Smith City Clerk Sherri Gard to find insufficient the petitions calling for an election on enactment of a 1% prepared food tax — with support also coming from a board member who voted against the tax.

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 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). The petitioners were given time to correct the problems, and a hearing was held April 20 about the process. Gard then ruled April 25 that the petitions were insufficient.

Petition organizers have said they will file a lawsuit seeking to overturn Gard’s ruling and stop the tax from being enacted.

“I was disappointed. I think the people have a right to vote on this,” said City Director George Catsavis about Gard’s decision. Catsavis voted against enacting the tax.

When asked if he believed Gard followed the law in making her decision, Catsavis responded: “I don’t know what the law is on that.”

City Director Don Hutchings also voted against enacting the tax. He provided the following statement about Gard’s decision: “The voters exercised their right to petition. I have not been involved in the details of the petitions. There has been a huge amount of work in collecting names. It is disappointing if they were not received properly. Whether or not the courts decide the future of our Convention Center, we must come back together as a city. We’ve had enough issues that have polarized us in the past four months. It is time to rebuild unity.”

City Director Kevin Settle has no beef with the decision although he also voted against the tax.

“It appears to me that Sherri is following the state statutes on this. It’s that simple,” Settle said.

City Director Andre Good, who voted for the tax, said the law “is what it is” and that Gard merely followed the law in making her decision.

“This is behind us now and I hope it’s time we can move forward on this,” Good said.

The other city directors who voted for the tax had the following comments.

Philip Merry Jr.: “I am very proud that Sherri Gard, and the resources available to her and the city, did their job according to the law.”

Steve Tyler: “I’m really surprised they did not get more help to make sure it was done properly. I’m just really surprised about that.”

Pam Weber: “I trust her judgment and I trust the city attorney’s judgment. The process is about what is legal, and we have to follow the Arkansas Constitution.”