City directors temporarily halt open citizen input at board meetings

The Fort Smith Board of Directors have temporarily suspended the citizen forum part of the twice-monthly voting board meetings and have tasked the city staff and city attorney to revise the city code that addresses citizen input.

The action was taken at today’s (Mar. 23) board study session. To be clear, the citizen forum part of the meeting is the only item to be suspended. Citizen input on agenda items considered by the board remains part of the process.

A review of the citizen forum part of city board meetings was engaged following recent outbursts by citizens at the March 9 and March 16 televised board meetings.

City code regulating citizen input at board meetings was written and adopted in 1967. It essentially requires citizen complaints to first go to the city administrator’s office prior to being presented at a board meeting. The administrator then attempts to resolve the complaint and report results or options back to the citizen. If the citizen is not satisfied with the response, then the complaint can be made in public to the board.

However, that code is not being followed. Current city policy allows citizens two minutes to address the board on any matter at the beginning of each regular board meeting. If a complaint is made, often the board asks the city staff to review and report back to the citizen or the board.

City Director Bill Maddox said citizen input is important, but so are board meetings during which the board members are supposed to focus on official city business.

“I think we have probably gotten away from that (focusing on official business) at the board meetings,” Maddox said.

City Director Don Hutchings agreed with Maddox, adding that he has heard from many citizens who complain about what they’ve seen and heard during the televised board meetings. Hutchings also wondered out loud what someone might think who was in Fort Smith to consider moving a business to the area.

“What if they happened to see that meeting?” Hutchings asked, adding that he believes the citizen forum policy now followed “is very broken.”

City Director Gary Campbell suggested that following the ordinance on the books could better serve citizens. He noted that now when a person brings a complaint to the city board, the board will ask city staff to review and get back to the board. But if the citizen were to first seek city staff resolution, they could do so immediately — don’t have to wait two weeks for a city board meeting — and could have the problem resolved without also requiring a report back to the city board.

Jerry Canfield, who serves as the city attorney, said the ordinance establishing citizen comments written in 1967 was written to avoid “petty politics and electioneering” at voting board meetings. Furthermore, he said the city board must decide if it wants the voting board meetings to be about business only or to allow an open citizen forum during the meeting. He said if the board allows a forum, the board then cannot limit the topics.

“Is it a business meeting … or is it an open citizens forum?” Canfield asked the board.

Canfield added that a separate meeting could be held solely for citizen input.

Maddox moved that the city staff and Canfield review and revise the 1967 ordinance to remove any inconsistencies or ambiguities. The board supported the motion, and as a result, suspended the citizen forum period at the beginning of a voting board meeting until the revised ordinance could be reviewed. The revision process could take between 2-4 weeks.

According to a recent memo from Deputy City Administrator Ray Gosack, following are the advantages and disadvantages of citizen input as required under the city code that is now being reviewed.

Advantages
• “If the matter is presented publicly, the board has the staff’s investigation and analysis of the complaint or item of business.”
• “The board can engage in informed discussion at the public meeting.”

Disadvantages
• “Citizens may not present their concerns initially to the entire board. They must first present their concerned to an appointed staff person.”
“A citizen may have to wait 2-4 weeks before being able to present a concern at a board meeting.”