City Council works to standardize rental procedures for city properties

City officials are working to resolve a long-running issue regarding a request to waive a fee for the rental of the city’s “It’s Showtime!” mobile stage.

The El Dorado City Council engaged in a lengthy discussion about the matter April 30.

They are likely to resume talks when they convene for their next regular meeting, which has been tentatively set for May 21.

The issue revolves around an outstanding bill that the city levied for the use of the “It’s Showtime” mobile stage, which was purchased in 2013 and funded by the then-El Dorado Forward economic development tax.

Mayor Veronica Smith-Creer broached the issue during the council’s last regular meeting April 30, saying that while the matter arose prior to her being elected in 2018 and taking office Jan. 1, 2019, she wanted to work with the city council to resolve the issue, noting that it was cited in the city’s 2017 legislative audit.

Smith-Creer explained that local business owner and concert promoter, Michael Jackson, of Mr. Mike’s Productions, challenged the amount that he was charged for the use of the “Showtime” stage, one of two city-owned mobile stages, for a concert.

The rental fee is $20 an hour per city employee to set up and take down the stage and Jackson received a bill for $2,917 from the city for one day’s work.

Council Member Willie McGhee said that Jackson spoke to him and late Council Member Tony Henry about the matter after Jackson received the bill and McGhee said he and Henry agreed that Jackson had been overcharged.

McGhee said several city employees recorded that they had each worked approximately 18 hours the day of the show.

McGhee said Jackson had requested that at least a portion of the bill be forgiven.

Council Member Billy Blann asked who was supervising city workers that day and McGhee replied, “At that time, the way I understand it, (Former Mayor) Frank Hash told them to stay. He was the supervisor that day. They stayed all day and they were getting overtime.”

Creer said she consulted with City Attorney Henry Kinslow at the matter in early 2019 and Kinslow said the mayor was authorized to waive the fee and that no documentation was required for the waiver.

“The (state legislative) auditors disagreed with that,” Smith-Creer said, adding that Kinslow asked that the matter be placed on the council’s agenda for discussion.

“If there’s a contract and the auditor says we can’t waive it, then we can’t waive it and he has to pay it,” Kinslow said.

Council Member Vance Williamson made similar statements, saying that he understood that legislative auditors had said the city could not waive the fee.

Smith-Creer clarified the matter, explaining that the waiver is permissible but state auditors said the action had to be documented in city records.

“The understanding is whatever gave (Kinslow) the right to tell me that it could be waived, that’s what I need … (Kinslow) gave me permission to waive it and I can’t go back on my word,” SmithCreer said.

Council Member Andre Rucks said he had also spoken with Jackson about the situation and learned that three employees submitted time sheets showing they had worked from 6 a.m. until midnight the day of the concert.

Rucks said the matter had been brought to

Hash’s attention and there was an agreement to prorate the amount that had been overcharged on Jackson’s bill.

Rucks recommended that the council approve the waiver.

Council Member Paul Choate said he felt the council was “opening a can of worms,” noting that he worked with Main Street El Dorado for a dozen years and the group rented city facilities for events and paid three to five city employees for “16, 18 hours a day.”

“Most of the folks that use that stage are not-forprofit-type organizations and if we’re demanding that we keep a full cadre of off-the-clock employees being paid by these other organizations, how many of them can walk in here and say, ‘Hey, I feel like I’ve been overcharged. You’ve forgiven it for one and now you’re going to …,” Choate said.

“That’s not the case,” Smith-Creer interjected.

Added McGhee, “But the difference is, Mr. Choate, is that the (former) mayor actually told this guy (Jackson) that he had overcharged him and that he was going to try and get it reimbursed down to a lower number. He was told that.”

“Like Mr. Rucks, I was on the front end of many conversations, not only with Mr. Mike, but also with Mayor Hash about this situation and I don’t know how the can be opened … The rights of one is just as important as the rights of many,” McGhee continued.

Williamson requested a timeline of events detailing the use of the stage, how the charge came to $2,917, the agreement to waive the overage and an explanation about why the amount is being waived.

Smith-Creer said she and her staff had already researched the matter and could not find any city records documenting the matter.

McGhee noted that rental policies for city-owned property, including the mobile stages, the trolley bus and the El Dorado Municipal Auditorium were not previously followed consistently.

In 2019, Smith-Creer met with several groups who frequently use the city properties and the groups lodged similar grievances about charges for renting the facilities.

Smith-Creer also said she had heard from other groups, some of whom would say they had been allowed to use the properties, particularly the auditorium, free of charge.

Pierce Moore, administrative assistant in Smith-Creer’s office, said several city employees were challenged about the hours they had submitted for working a special event that was presented by Jackson and the employees ultimately admitted the hours they worked had been padded.

Moore said the employees repaid the amount of the overages.

A committee was subsequently formed to address the use of city facilities and earlier this year, the city council approved recommendations from the committee to set new terms and rental fees for the facilities.

The committee also hired a manager to oversee the operations of the facilities, including bookings.

“The debt was incurred way before (Smith-Creer) got elected and now we have to clean it up. She went through all the proper channels,” Council Member Mike Rice said April 30, referring to Jackson’s bill.

Council members asked Smith-Creer and Kinslow to draw up papers to document the fee waiver for Jackson and present the papers to the council for consideration.