A meaningless ordinance that reflects poorly on Pope County—especially if passed.

An open letter to the Pope County Quorum Court.

Honorable Pope County Justices of the Peace,

It’s amazing that our Quorum Court continues to pursue an ordinance that will be meaningless even if it is passed and signed.

Has anyone on the Court conferred with the office of the Secretary of State to determine if such an election as is considered by the ordinance is possible under Arkansas Law? ¹

Has the question been referred to the Arkansas Election Commission? ²

Besides the question of whether such an election can be held, the ordinance, as written, will be invalid because it is in conflict with Arkansas’ Constitution and state law. ³

It’s also invalid since the circumstances it envisions, “Casino Applicant(s) who are applying to the Arkansas Racing Commission… for a license to conduct Casino Gaming…” cannot happen as a license was awarded for a Casino in Pope County on November 12, 2021, and there can only be one. That application had been accepted on April 15, 2020, for “good cause shown.” The application process has been closed since July 21, 2020, and there will be no more applicants needing letters or resolutions of support.

Justice George is not totally accurate in his belief⁴ that “Amendment 100 is clear that before a casino license can be issued there must either be ‘… a letter of support from the county judge or a resolution from the county quorum court…’.  That requirement is connected to the application, not the license, as was shown when all five original applications were rejected by the Racing Commission for lack of any proper support document from the county.

The Constitution does assign the duty of providing a document of support to the County Judge and/or the Quorum Court.  The electorate is represented by the people that they have elected to those positions. ⁵

The Quorum Court is attempting to appropriate a duty⁶ that is assigned to the County Judge and the Court and, inappropriately, reassign that duty to the electorate.⁷ This is a constitutional responsibility of the county judge and quorum court that cannot be restricted by legislation or local ordinance. “The Arkansas Constitution is the preeminent law of the land. With regards to any conflict between the Constitution and state and local legislation, the Constitution prevails.” ⁸

The ordinance as written places a bar upon implementation of the duty assigned to the Judge and the Quorum Court.  It bars them from performing their constitutionally assigned duty until approved and authorized in an election.  One would assume that if the measure failed in the election, they would continue to be barred.  The ordinance as written is in conflict with the Arkansas Constitution.⁹

The ordinance, if it could be implemented, is an attempt by Pope County to regulate gambling in violation of Arkansas Code Annotated § 14-14-806(4).¹⁰

Earlier in the year, this ordinance was read three times, tabled three times, and eventually failed to pass or garner enough votes to be tabled a fourth time.  This time through the process, it has been read twice.

Since this measure is meaningless and invalid, I urge the Court to vote down this ordinance and put it to rest.

The ordinance is moot, unneeded, and futile. It’s embarrassing that it is even being considered.

The best decision, in my opinion, would be to withdraw this ordinance from consideration. Failing that, the ordinance should be voted down.  If passed, Judge Cross should veto it.

For those who have read this far and considered what I have to say, thank you.

Mike Goad

(I am not a lawyer and what I have written here is my layman’s understanding of conditions and circumstances, though my layman’s understanding is almost always correct.)

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Endnotes:

1. In 2019, Judge Cross, JP Caleb Moore, attorney Clay McCall, and others explored ways to have a local vote on “this casino issue.” The Secretary of State’s office told them that since the duty for writing the documents “was already in the state constitution,” “we could not hold a vote on this issue…”
2. The State Election Commission agreed. “The same answer was given, that we could not hold a vote on this issue.”
3. “…no local legislation shall be enacted contrary to the Constitution or any general law of the State, and any general law shall have the effect of repealing any local legislation which is in conflict therewith.“—Arkansas Constitution Art. 5, § 1. Initiative and Referendum
4. Allen George, “Letter to the Editor,” The Courier, November 12, 2021
5. “The Arkansas Racing Commission shall require all casino applicants for a casino license in Pope County and Jefferson County to submit either a letter of support from the county judge or a resolution from the quorum court in the county where the proposed casino is to be located…”—Amendment 100.
   • No vote or permission from the electorate is included or envisioned in the amendment; adding such an additional qualification in an ordinance would be contrary to the Constitution.
6. “A majority of the registered voters of Pope County, Arkansas, voting in the election must approve and authorize the County Judge to issue any Letter(s) of Support for any Casino Applicant(s) before the County Judge issues any such Letter(s) of Support or substantially gives similar approval or support for any Casino Applicant(s).”—Ordinance currently under consideration by the Pope County Quorum Court.
7. “Amendment 100 specifies that the authority and discretion to issue letters or resolutions of support lie with the County Judge and the Quorum Court. Amendment 100 does not place that authority or discretion in the electorate of Pope County.”—Judge Pearson’s ruling on Ordinance 2018-O-42, which he found to be in direct conflict with Amendment 100.
8. Clay McCall, attorney for Pope County, August 13, 2019, Pope County Quorum Court meeting.
9. “Ordinance 18-O-42 adds a qualification that was intended to operate and/or has the effect of operating as a bar to the issuance of a letter or resolution of support by the offices charged with that duty: the County Judge and the Quorum Court… because it imposes an additional qualification not found in or authorized by Amendment 100, especially when such qualification could act as a complete bar, Ordinance 18-O-42 is unconstitutional and void.”—Judge Pearson.
   • The ordinance currently under consideration by the Pope County Quorum Court could likewise act as a complete bar to the constitutional duty assigned to the county judge and quorum court.
     
10. The ordinance is “unenforceable as an attempt by Pope County to regulate gambling in violation of Arkansas Code Annotated § 14-14-806(4).“—Judge Pearson in ruling on Ordinance 18-O-42
    • Each county quorum court in the State of Arkansas exercising local legislative authority is prohibited the exercise of the following powers…
      (4) The legislative power to regulate any form of gambling, lotteries, or gift enterprises