Illegality proven
Editor, The Commercial:
I seconded the motion (Ivan Whitfield’s) that we take $2 million out of the unallocated five-eighthscent sales tax to fund the Delta Rhythm and Bayous Cultural District after I saw the overwhelming support that the community had for the project.
The vote passed unanimously, with either 8 or 9 to 0. Typically, the Mayor only casts a vote to break a tie, but in this instance Mayor Shirley Washington also vocally supported finding money to fund the DRBA cultural district.
Regrettably, Assistant City Attorney Joe Childers “accidentally” changed the funding source when he drafted the ordinance or resolution. There appears to be a pattern that his “mistakes” always benefit Go Forward Pine Bluff. His repeated errors and omissions all help Go Forward — to the tune of millions of public dollars wasted.
Nevertheless, the city council voted again to take $2 million out of the unallocated five-eighths-cent sales tax to fund the DRBA cultural district. The vote was the same: 8 to 0. Mayor Washington was troubled by this vote and said she didn’t want to create a precedent where anyone other than Go Forward could access those tax dollars.
The chicanery began when city leadership dragged their feet with producing the city budget and only presented it after the new council members, financed by the Go Forward PAC, took their oath of office. Predictably, they placed the $2 million under Go Forward/Urban Renewal in the budget, against the will of the people — and two unanimous votes of the city council. Now we find out that our fears were well founded. The city is balking on its commitment to DRBA.
Ironically, pulling the DRBA funding proves that the five-eighths-cent tax is exclusively under the control of Go Forward — in violation of Arkansas law. You simply can’t have a tax that is entirely controlled by an individual private entity. Thus, we believe the Go Forward public-private “partnership” violates Arkansas law and the state constitution.
Article 12, § 5 of the Arkansas Constitution prohibits cities from “obtain[ing] or appropriat[ing]” money to private organizations or individuals. Ark. Const. art. 12, § 11. See, e.g., Ark. Att’y Gen. Op. 2023025.
Therefore, we believe Go Forward is unlawful and has been illegal since its inception. I have argued this point before. However, based on the opinion of the Attorney General, we can prove that Go Forward is operating in violation of Arkansas law and has been operating in violation of Arkansas law over the last six years.
GLEN BROWN SR., PINE BLUFF CITY COUNCIL MEMBER