New ordinance vote resolution passed

Aim is to remove misunderstanding, political temptation for Quorum Court

BENTONVILLE — The Benton County Quorum Court plans to vote on ordinances and changes to existing ordinances after their third and final reading.

The Quorum Court voted 12-3 Tuesday to approve a resolution sponsored by Brian Armas, justice of the peace for District 6, ensuring just one vote on proposed or modified ordinances.

Justices of the Peace Carrie Smith, Danny McCrackin and Joel Edwards voted against the resolution.

Armas said Wednesday he thinks voting after the first reading cuts public dialogue short by possibly creating a misunderstanding among residents that an ordinance or ordinance amendment has already passed. His resolution also aims to remove the political temptation Quorum Court members may have to vote the same way after the third reading as they did after the first.

Armas said he has observed the Quorum Court sometimes gets items to vote on with little notice. He expressed his fear the Quorum Court has created a practice in which justices of the peace may at times have to vote on something without having a chance to hear from the public on the subject and some may be reluctant to change their vote on future readings in fear of being labeled a “flip-flopper.”

State law requires the Quorum Court to fully read all ordinances or amendments to existing ordinances on three different days — unless two-thirds of its membership vote to dispense with the rule. However, it doesn’t require a vote after each reading, only after the third one.

Armas said the Quorum Court has historically taken a vote on any adoptions of — or changes to — ordinances after each time it read them for “really no rhyme or reason that we can tell.”

He said the Quorum Court only voting after the third reading will give constituents enough time to voice their opinions on the subject before a vote is cast.

“This isn’t an ordinance that changes anything legally,” Armas said.

Joel Jones, justice of the peace for District 8, proposed Armas’ resolution be amended to state any Quorum Court member may request a vote on the first or second reading of an ordinance or ordinance amendment and, upon such a request, a majority vote of the members present will be required to move the item to the next reading.

“I personally like the votes, but I think I’m one of 15 that would go that way still,” Jones said. “But I’m OK with moving forward. That’s all good.”

Armas said he would be OK with the change with the caveat the request for a vote on a first or second reading be met without objection from other Quorum Court members. The Quorum Court voted to amend the resolution to reflect what Jones and Armas put forward.

Smith, who represents District 5, said she also liked taking votes. She reasoned the practice provides the Quorum Court’s constituents a way to gauge how the justices of the peace feel about a particular topic.

“I have been willing to change votes in the past that I’ve made, and I think there’s great value in the discussion in kind of seeing where the temperature is in the room with each of us,” Smith said.

Armas countered by saying the Quorum Court can request a straw poll to see where its members stand rather then an official vote. Thomas Saccente can be reached by email at tsaccente@nwaonline.com.