Comments for the Special Called Quorum Court Meeting – an open letter (email) to the Justices of the Peace

Dear Quorum Court JPs,

Well, that called Special Quorum Court Meeting sure was interesting.  It certainly didn’t go any where near the way that I thought it would.

I prepared for way more than I could give in two minutes.  When Judge Cross said that more time would be available at the end, I said that I thought I would just send my comment as an open letter to the JPs.  I was going to do that anyway.

Some of ya’ll certainly have misconceptions on how things went in 2019.  I already see some more open letters in the future.

Since I (almost) never get any responses to my open letters, I wasn’t sure if anyone was reading them.  I was assured by several people that night that they were.

I applaud the two JPs who signed the document calling for the special Quorum Court meeting and showed up to face the public and the media.  Needless to say, comments on social media have not been overly kind concerning those who did not show up.

The comments below were written based, in part, on the agenda that was published for the meeting.

Thank you,

Mike Goad (Dover out voting precinct.)

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  • On February 24, 2020, eight Pope County candidates got $2,500 each from PACs established by a Little Rock firm that lobbies for Choctaw Nation.
    • Defense of FOIA PAC
    • Honesty in Government PAC
    • Citizens for the Protection of FOIA PAC
    • Citizens Against Corruption PAC
  • None of the PACs contributed money to anyone else and all terminated after the primary.
  • Six of the candidates are currently serving on the Quorum Court.
  • I wonder, just how was that money delivered to each of them?
  • I just shared specifics of this on Pope County Majority and in an open email to all JPs (December 16th, 5:30 PM)
  • Perception is everything.

Moving on

  • The Quorum Court passed a resolution last February that says, in part, “Voters… oppose their elected officials giving support to a casino applicant.”
    • Does this statement NOT apply for you anymore?
  • In another resolution that same meeting, you encouraged the County Judge not to issue any further letter(s) of support for any casino applicant, unless directed to do so by a vote of the people of Pope County.
    • Does this sentiment of the Quorum Court not also apply TO the Quorum Court?
  • The ordinance that you’ve been beating like a dead horse for almost all of 2021 says that there has to be a vote before the “Quorum Court issues a resolution or substantially gives similar approval or support for any casino applicants.”
    • This is your proposed ordinance.
    • Are you just paying lip service to your commitment now?
    • Will you vote it down on January 6th?
  • The Racing Commission closed the application process on July 21, 2020.
    • Do you believe that either Gulfside Casino Partnership or Choctaw Nation of Oklahoma would be able to provide sufficient “good cause shown” to reopen the application process when there is an operator with a valid license?
    • Does the Casino Gaming Rules even allow for reopening the application process when a license has been issued?
  • Some think that any resolution supporting Choctaw and or Gulfside would be for the purpose of giving them standing in current litigation. They also think that any such resolution would be rescinded before new application could occur. Seems to me that would open up the county and/or individuals for more lawsuits.
  • Who called whom to get enough support for this meeting?
    • What’s the emergency?
    • Why couldn’t this wait until January 6th.
    • Who has seen the resolutions before this meeting?
    • Who drafted the resolutions?
  • What have you seen from Choctaw that warrants a resolution of support for them?
  • What have you seen from Gulfside that warrants a resolution of support that you haven’t seen before?
  • You’ve been trying to get through an ordinance – or at least making the motions to – that requires a vote of the people and now it seems as though you are wanting to consider pushing through a resolution or two without any significant opportunity for community input.
    • If any of this is true, is it not hypocritical when compared to your previous stances on casinos?
  • If these resolutions are supposed to give standing to Gulfside and/or Choctaw, what good would that do when Judge Fox’s deadline for submitting motions was TODAY? (December 16th)
  • On the proposed ordinance that was first introduced last February,
    • Have you asked the Secretary of State’s office whether a vote on authorizing county officials to provide support documents is even feasible under state election laws?
    • Have you asked the Arkansas Election Commission?
    • Did you confer with the county attorney on the legalities of this ordinance?
    • Have you conferred with the prosecuting attorney’s office on the legalities and constitutionality of the ordinance?
  • Almost 3 years ago, during the public comment period on the Casino Gaming Rules in early 2019, one Pope County citizen wrote:
    • “It is worth noting, the opposition of this is the same small group of people that have tried to stop all progress in our city for many years. The lawsuit filed against our current elected officials is a good example of the years and years of this same type of effort to keep Russellville a small town. This same small group of people have also tried to stop construction of our Walmart Neighborhood Market, Arbors Assisted Living Facility, Red Lobster, Casey’s General Store and Arkansas Nuclear One.
    • “They will always work to get certain church groups excited and file bogus lawsuits in order to create a mirage that the masses are behind them, when, in fact, a very small amount of people agree with them, but given the large outcry on social media and local media outlets, it’s very apparent that a very large majority disagrees and wants the casino here and the progress it will bring.”
  • Perception is everything.
  • Last July, the “casino support” ordinance died for lack of support for it to be tabled a 4th Some of the JP’s comments:
    • “I think this is an opportunity to represent the voters of the county and carry forward with the wishes of the people,” JP Alan George said.
    • “I think this could put us at risk for a liability,” JP Roy Reaves said. “We cannot legally restrict the powers of elected officials.”
    • “We don’t want to unnecessarily get into any more lawsuits,” JP Lane Scott added.
  • The March 2020 primary elections that resulted in so many of the JPs on this court being elected included an unnecessarily complex set of bond issues. Could it be that many of the votes that came your way were influenced by your stance on the bond issue rather than your stance on the casino?
  • If Judge Cross and the 2019 Quorum Court had not provided a letter of support to Cherokee Nation Businesses, Judge Fox’s Orders on March 24, 2020 – assuming no other differences – would not have been appealed by the Racing Commission. Gulfside would have been issued a license and built something on Bradley Cove Road far less than what they later promised.  The first phase of that facility would be built and be in operation.  Who knows if they would ever have built any other phases.

 

Attorney Opinion

Did the JPs ever consult with THEIR attorney about casino support resolution at any point?

Open and Honest—Here’s some Documents—Another Open Letter (email) to the Pope County JPs

Perception is everything

Right now there are a lot of people have whose perception is that there is something wrong in Pope County and Russellville.  And many of them are pointing squarely at the Quorum Court and the Russellville City Council.

Is their perception right?  I don’t know.

My perception is that there were forces behind the 2020 elections that resulted in a significant change in the Quorum Court membership.  I do not believe that the successful candidates won solely on their own merits.

That election was not an anti-casino vote—in my perception.  A lot of the people who were voting were voting against an overly complex set of bond initiatives.  Many of those same people probably also voted for the candidate who was against the bonds.

Documents relating to 2020 Candidates
 

A number of documents were graciously shared with me so that I could share them online.  I could have just linked them and shared them as I found them.  However, I carefully went over them and redacted private addresses and phone numbers.  I didn’t redact any information related to businesses.  If a business happens to share the same information as a private residence, that’s life.

I make no judgment on any of these.  They are what they are.

Sincerely,
Mike Goad (Dover out)

Financial Disclosure Screenshots

Letter from a J.P.

Some have questioned Justice Sloan’s motivations in the post she shared here (on PCM)  and elsewhere recently.

I remembered that she had said more at some prior point. I had thought it was from Thursday’s meeting, but I couldn’t find it in the video.

So I asked her.

She reminded me of the letter she sent to Jon Berganini, who shared it on PCM.
The letter is from the night before the meeting, before she knew what she was in for.

Click on the image to go to the Facebook post.

Letter from Jennifer Sloan to John Berganini

More Pope County Mess? —Special Called Meeting of Pope Count Quorum Court.—May benefit Gulfside and/or Choctaw? To anyone who might be interested.

(Open letter email just sent to the JPs and a number of others who might be interested.)

It seems that there are more strange shenanigans in the Pope County Casino saga. Apparently, anti-casino JPs are considering resolutions of support for other casino operators. A “Special Called Quorum Court Meeting” has been scheduled for 5:45 PM on Thursday. The scheduled speakers are James Knight and Anna Stiritz, both of whom have been staunchly anti-casino. The initiator of this is Justice Lane Scott. Apparently, somehow, enough other JP’s interest was cobbled together to get the 7 members required to agree to a special called meeting.

The casino application process was closed in July 2020. Since a license is in the possession of Legends/CNB, there is no need for resolutions of support for applications for other operators. The only thing I can see is that somehow they may imagine that by providing resolutions of support that they may provide some measure of legitimacy to entities that currently have no standing in litigation currently in progress in Pulaski County.

Mike Goad
rural Pope County

Illegal exaction

Illegal-exaction lawsuit targets lack of Arkansas funding for programs on problem gambling. Lack of funding for treatment, education programs alleged

Illegal-exaction lawsuit targets lack of Arkansas funding for programs on problem gambling. Lack of funding for treatment, education programs alleged

Arkansas Constitution, Article 16, § 13; Any citizen of any county, city or town may institute suit, in behalf of himself and all others interested, to protect the inhabitants thereof against the enforcement of any illegal exactions whatever.

While the case reported on in this news article doesn’t directly relate to Pope County, “illegal exaction” might very well apply to a case where legislators—the quorum court—knowingly pursue an ordinance that violates state law or the constitution. All county costs for such an ordinance, such as a county employee making copies of the ordinance—the employee’s time and the paper used—could constitute an illegal exaction.

Cliff Goodin vs Arkansas Racing Commission (Update)

The case filed by Cliff Goodin has been assigned to Judge Wendell Griffen (or at least that's who is listed on CourtConnect).

Art Walk

We went to the Art Walk this evening and all we brought home were pictures and a Legends decoration for the tree.  It was 74°F, but the rain missed us, going east of town.We went to the Art Walk in Russellville this evening and all we brought home were pictures and a Legends decoration for the tree. It was 74°F, but the rain missed us, going east of town.

An error on the submittal

In the newest litigation involving Legends, Cliff Goodin’s counsel, Jerry Malone, made an error on the submittal and the case should not have automatically gone to Fox. It should have gone to Judge Patricia James.

The case filed by Cliff Goodin on the 7th was listed on a “civil cover case” as a “related case” to 60CV-21-1653 Gulfside Casino Partnership vs. Arkansas Racing Commission and Legends Resort & Casino, LLC. which is an administrative appeal.

Goodin’s counsel had listed the matter as a “related case,” so the Circuit Clerk reassigned the case “in accordance with the approved Sixth Judicial Circuit Case Assignment Plan.”

Goodin’s complaint is an “original complaint” and not a “related case” to the referenced administrative appeal, according to Fox. He directed:

“The Circuit Clerk is ordered to either: (i) return assignment of the case to the original assigned division, or (ii) once again reassign the case by random computer assignment in accordance with the approved Sixth Judicial Circuit Case Assignment Plan. If the latter method is utilized and Sixth Division ends up ultimately being assigned the case, then it will be an assignment in conformity with the approved Case Assignment Plan and not due to the “related case” error contained on the Civil Cover Sheet.”

http://pope-county-casino-info.com/wp-content/uploads/2021/12/Fox-orders-Circuit-to-reassignment-case-.pdf

Here we go again, and again, and again… (an open letter to each of the Quorum Court Justices)

JP Caleb Moore, August 13, 2019 on the local option ordinance: "After months of tirelessly trying to find a solution to this problem, we came to the conclusion that there is no legal way to have a vote on this issue."Dear Honorable Pope County Justices of the Peace,

The next meeting of the Pope County Quorum Court is in early January 2022.

A proposed ordinance that was up for a third required reading at the December 2021 meeting was tabled instead of being read.  The ordinance would restrict the county judge and quorum court from providing support documents to a casino applicant, first requiring a vote of the people of Pope County. The ordinance should be up for its third required reading at the next scheduled meeting—unless it is tabled yet again.

I wonder, have you asked state election officials whether a vote on authorizing county officials to provide support documents is even feasible under state election laws?

Did you confer with the county attorney on the legalities of this ordinance?

Since the Pope County Attorney has resigned and A.C.A. § 14-14-902 (Staff) states “The prosecuting attorney or his or her deputy serving each county shall serve as legal counsel of the quorum court unless otherwise provided by county ordinance,” have you conferred with that office on the legalities and constitutionality of the ordinance?

Back in 2019, Judge Cross, JP Caleb Moore, and others explored ways to have a local vote on “this casino issue” as was required by Ordinance 2018-O-42, which was in effect at the time. Moore talked about it during an August 13, 2019 quorum court meeting where a resolution of support was passed for Cherokee Nation Businesses.

The Secretary of State’s office was asked. “The reply was that we could not hold a vote on this issue since it was already in the state constitution.”

They asked the Arkansas Election Commission about it. “The same answer was given, that we could not hold a vote on this issue.”

They asked others for legal advice. “We quickly found out that most law firms were either conflicted or would not touch this problem. Most said that it was legally not possible.”

In June 2019, “Mr. Story, the author of the local ordinance, told us what the intent of the local ordinance was. It was for the Quorum Court to vet and choose an operator and then put that operator up for a vote. No one on the Court or the County Judge had ever heard that explanation. If that truly was the intent of the ordinance then we knew that was impossible for us to comply with. In no way is that option legal or even remotely a good answer to how to conduct this issue.

“After months of tirelessly trying to find a solution to this problem, we came to the conclusion that there is no legal way to have a vote on this issue.”

The proposed ordinance currently before the quorum court is very similar to 2018-O-42, which was repealed by Ordinance 2019-O-61 on October 28, 2019, and declared unconstitutional by Judge William Pearson the next day.
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In fact, section titles are identical between the two ordinances, particularly:
  • Restriction on the County Judge until authorized by a Vote of the People, and
  • Restriction on the Quorum Court until authorized by a Vote of the People.
On October 29, 2019, Pope County Circuit Court Judge William Pierson found:
“that Ordinance 18-0-42 is not in pari materia with Amendment 100. Indeed, it is in direct conflict with Amendment 100. 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. Accordingly, Ordinance 18-0-42 is unconstitutional and void.”
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The same is true of the proposed ordinance now before the quorum court for the same reasons.
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Unfortunately, while the plaintiffs appealed Judge Pierson’s ruling to the Supreme Court and lost, the Justices declined to proffer an opinion on the constitutionality of 2018-O-42 since it had properly been repealed by Ordinance 2019-O-61, saying, “As a general rule, this court will not review issues that are moot… To do so would be to render advisory opinions, which this court will not do.”
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When the Quorum Court looks at this ordinance next month, it will have been 11 months since it was first introduced.  That, in and of itself, should tell you something.

The ordinance is a bad idea.  It is moot because no application is needed since a license has been issued.  It is unconstitutional, it acts as a bar to the constitutionally assigned duties of the county judge and the quorum court, and it attempts, without legal authority, to regulate gambling in Pope County by preventing constitutionally authorized gaming.

Please consider withdrawal of this proposed ordinance by whatever procedural method is required to do so,

Sincerely
Michael Goad, rural Pope County
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Note: This open letter is emailed to each Pope County J.P. and bcc’d to other parties that might have an interest.  It is also published as a blog post and shared online with the Pope County Majority Facebook group.