The plaintiffs in a lawsuit concerning Texarkana, Ark., police salaries want the court to hold off ruling on the merits of the case until they've had time to check the city's calculations and question witnesses.
The suit filed on behalf of more than 80 Texarkana, Ark., residents in Miller County circuit court in December alleges the city of Texarkana, Ark.-under the leadership of named defendants Mayor Ruth Penney-Bell and City Manager Kenny Haskin-has mismanaged funds collected through a sales tax meant to keep Texarkana, Ark., police salaries in parity with those in Texarkana, Texas. The petition seeks a court order earmarking the tax revenue for police salaries and requests court oversight of the money.
The case centers on city ordinances passed in 1995 and 1996 which created a sales tax for the purpose of keeping salaries equal for officers in both Texarkanas. The hope was to keep the best officers from seeking employment where the pay was higher.
In August, lawyers for the defendants filed a motion for summary judgment arguing that the revenue collected via the tax just isn't enough to allow the City of Texarkana, Ark., to keep up with the police salaries established in Texarkana, Texas. They further argued that the ordinances essentially take the authority to establish pay levels from the city of Texarkana, Ark., and give it to Texarkana, Texas, in violation of Arkansas' state constitution.
The plaintiffs' recent motion argues that the citizens of Texarkana, Ark., voted for the parity ordinances and that the voters have the right to establish police salaries.
The city's filings state that the tax will continue to be used for police pay but that the funds just don't allow Texarkana, Ark., to keep pace with Texarkana, Texas.
Attached to the summary judgment motion are exhibits including calculations from the city regarding the amount of tax collected for parity. In a motion filed Wednesday titled "Plaintiff's response to defendants' motion for summary judgment and incorporated brief in support, subject to plaintiff's motion to strike or alternatively, motion for continuance and/or enlarge time to respond," the plaintiffs question the accuracy of the figures and ask the court to give them time to conduct depositions and investigate the city's numbers.
The plaintiffs, represented by Texarkana lawyer Brent Langdon, request that the court strike the city's "unsubstantiated" exhibits from the record.
"Defendants have failed to provide plaintiffs or this court with any documentation as to the reliability of such calculations or the mechanism by which the city accounted for the funds," the plaintiffs' motion states. "Those unsupported/unsubstantiated assertions are representative of the exact reason why it became necessary for plaintiffs to file suit and to seek an order requiring the city to use the parity tax collected for its stated purpose and to request continued judicial oversight of the city's collection and payment of such funds."
The plaintiffs accuse the city of using the money from the sales tax for purposes other than police pay parity and argue that, if the city had managed the money appropriately, there would be a surplus of funds available. The city claims it has had to draw about $1 million annually to keep police salaries on par with those in its sister city and that doing so leaves less for other vital services.
The plaintiffs are asking that the city's exhibits to the summary judgment motion, including an affidavit and accounting chart prepared by Texarkana, Ark., Finance Director TyRhonda Henderson, be stricken from the record or that the court at least give the plaintiffs more time to develop their response to the city's summary judgment motion through the taking of depositions and exchange of discovery or evidence.
Also pending before the court is a defense motion filed by Hot Springs lawyers Ralph Ohm and Burt Newel asking that a different judge oversee and rule on the case.
The case was randomly assigned to Circuit Judge Brent Haltom when it was first filed. Haltom recused himself before the end of 2017, and the case was randomly reassigned to Circuit Judge Carlton Jones. Jones recused himself in January, and the case went to Circuit Judge Kirk Johnson. Haltom, Jones and Johnson are the only circuit judges serving in the 8th Judicial District South, which includes Miller and Lafayette Counties.
Judges often recuse themselves in cases where there is a familiarity with parties on one or both sides of a case. Ohm filed a motion in June asking that Johnson bow out of the case and allow the Arkansas Supreme Court to assign a circuit judge from a different jurisdiction to oversee the matter.
The motion seeking recusal complains that Johnson has a brother who is retired from the Texarkana, Ark., Police Department and alleges that Johnson is a close friend to TAPD Chief Bob Harrison and some of the plaintiffs. The motion includes a photo of Johnson leaving an area restaurant after having dinner with several of the named plaintiffs in the case in January.
The motion is clear in stating that the defense believes Johnson can be fair and impartial but expresses concern that the case could put the judge in a "compromising situation." The defense filed a motion opposing Johnson's recusal noting that the motion was filed months after Johnson was assigned and arguing that the motion fails to state how Johnson's brother could benefit in the case.
No hearings have been held or are currently scheduled in the case.