‘Accountability’ ordinance, spay and neuter program approved by Fort Smith board

An ordinance designed to outline the city’s dealings with “third-party intermediaries” was approved Tuesday (Feb. 17) by the Fort Smith Board of Directors. The board also approved funding to restart a spay and neuter voucher program.

The ordinance, pushed by Director Christina Catsavis, establishes “accountability, disclosure, and standards for third party intermediaries in city transactions.” The ordinance notes that “recent transactions have revealed deficiencies” in how the city interacts with third parties “without a clear contractual role.”

Catsavis sought the ordinance following what has become a controversial acquisition and planned installation of five water slides at Parrot Island Waterpark. A project that was initially to cost the city $2.1 million has risen to almost $7 million. However, Catsavis said prior to the vote that the ordinance is more than just a response to the water slides.

“This ordinance is about addressing a gap in accountability. It’s not intended to be punitive,” she said. “When the board is presented with numbers, those numbers influence whether items pass or fail. Yes, the slides were the catalyst for it, but ultimately this is about standardizing processes we use in other departments, such as utilities.”

Director Lee Kemp expressed concern that the ordinance is an “overcorrection and creates unintended consequences.” He said the ordinance could treat cost estimates that are “inherently fluid in construction” as fixed guarantees.

Catsavis said the ordinance is not an overcorrection, but a correction, and if it had been in place prior to the water slide purchase the city would have known more about who benefited from the city buying the slides.

Colby Roe, an attorney with Daily & Woods who provides legal services to the city, said in response to questions that the proposed ordinance would only provide a legal avenue for action if a third party “knowingly omitted” information or used information that was misleading. And then, Roe said, it would be up to the city to prove fraud or unfair dealing.

“I don’t think it obligates any third party intermediary to be correct, it obligates them to operate in good faith, in fullness, and essentially without bad faith and fraud,” he said. “If the third party gets it wrong, the city would be left with showing, ‘You weren’t operating in good faith and fair dealing, and we can look back to you, third party, for the losses the city incurred because you didn’t meet your requirements of disclosure under this third-party ordinance.’”

The board would vote 6-1 for the measure, with Director Jarred Rego opposing.

SPAY AND NEUTER
The board also approved with a unanimous vote $150,000 to renew a spay and neuter program that ended in August 2025. The program was cut as part of extensive 2026 budget cuts.

Several directors said during a Feb. 10 study session that many in the community asked them to reconsider funding the program that was created in January 2024 by a city ordinance.

According to city documents, 2,318 animals were treated in 2024, and 1,523 were treated in 2025 before the funding was halted in August. The spay and neuter cost for a dog ranges between $361 and $829 and between $255 and $587 for a cat, according to CareCredit.

“The vouchers are available to Fort Smith residents who self-verify that they meet the income requirements through the city website and can be redeemed at participating clinics,” noted a memo from Acting City Administrator Jeff Dingman. “A city resident can bring their pet to the clinic and redeem their $100 voucher toward spay/neuter services for their pet. The voucher can also cover the cost of rabies vaccination and microchipping, as long as total services don’t exceed $100 (or the resident pays any amount above $100).”