The chips are down

Will Russellville, Pope County act ethically, legally?

It appears, for the moment, that the city of Russellville may be closer to putting all its cards on the table than a few days ago, when it looked like some city officials had some aces up their sleeves.

What were the people of Russellville, Pope County and the rest of the state supposed to think when the “open, transparent” committee the city established to bolster the city’s fortunes in the Casino Crisis of 2019 suddenly began to look more like a backroom poker game than a public process? For a while, it sounded like Russellville Mayor Richard Harris had already established the secret knock needed to get through the door and into the game. The public, it appeared, wasn’t invited.

Harris on Tuesday announced plans for members of the committee, set up to review proposals for a Pope County casino from multiple gaming companies, to sign nondisclosure agreements promising to keep details of applications private. Full transparency, he said, was “not realistic.”

It remains unclear, really, whether Russellville’s machinations will even matter. Pope County government officials have given their backing to the Cherokee Nation for a casino operation on unincorporated land within the county. According to Amendment 100 to the state Constitution, approved by voters last November, endorsement is required from county officials before the State Racing Commission will consider a casino operator’s license application.

On Aug. 13, the Pope County Quorum Court surprised many by passing a resolution endorsing Cherokee Nation Businesses, one of five companies competing for the license. That decision has been tainted by allegations of secret and possibly illegal meetings among county elected officials.

Backing by local officials represents a Willy Wonka-style golden ticket for a casino company. The Racing Commission won’t give consideration to any application that doesn’t have the necessary local endorsement. Once the Pope County Quorum Court gave its favor to the Cherokee, some suggest there’s little hope for other companies to win the grand prize.

But there are so many legal questions in the casino chaos of Pope County that staking one’s claim may prove important later, because nobody knows what will happen when the chips are down. Why else would two of the gaming companies — losers in the pursuit of a county endorsement — want the city of Russellville to get involved in vetting casino applications?

Russellville is trying to strengthen its hand, recognizing the terms by which the casino is established matter a great deal in whether the city will have any claim or expectation of new revenue. Thus was born the City Council’s Community Gaming Evaluation Committee.

Last week, the committee’s plan included some meetings closed to the public and a private email group in which discussions were to be shielded from public view.

The legality of all these efforts to maintain “privacy” is suspect, at best. Is this not the public’s business? Under state law and the basic idea of what’s right, the public’s business ought to be conducted in public.

By the latter part of the week, it appeared the all-out push to create a casino-issue star chamber in Russellville was losing steam. The City Council Thursday rejected the use of nondisclosure agreements for the committee’s work and placed the burden of proof on applying companies to show a legal basis — such as competitive disadvantage — for allowing any information to be redacted.

“When we’re trying to be extra cautious toward transparency, we don’t need to do anything to counteract our good intentions,” said council member Mark Tripp.

Congratulations, Mr. Tripp, for recognizing and giving voice to the public’s interest.

It’s good to see not everyone in Russellville has lost their ever-loving minds about the value and necessity of public accountability. The eyes of the state are on Russellville and Pope County perhaps as never before. For a county that appeared last year not to want a casino, residents have unfortunately had to watch as county and city officials have tried to play their cards close to the vest when they should be showing their hands for all to see.

The real irony is the fact that more than 60% of Pope County voters opposed Amendment 100 in last November’s statewide vote. Additionally, voters there approved a countywide ordinance prohibiting either the county judge or Quorum Court from supporting a proposed casino without first getting approval from citizens in a countywide election.

It seems everyone is ignoring that expression of the public’s will.

We appreciate the nudge back toward the public interest in Russellville late in the week. In a very public way, the leadership of county and city governments need to collaborate, working together that whatever casino ends up in Pope County. Doing the public’s business in private isn’t the answer. Any outcome arising from secrecy should be challenged.

In other words, if the only way for Pope County and Russellville to work together toward development of a casino is to shield discussions from public view, then all bets are off.