Freedom of Information request: DENIED

Several have asked for my opinion on today's article in The Daily Citizen regarding the A&P Commission's refusal to provide documents to The Daily Citizen requested under the Freedom of Information Act.  The paper requested "documents reporting the gross tax receipts and Advertising and Promotions (A&P) tax returns for Searcy businesses complying with the A&P tax as well as summaries of those receipts and returns."

The city clerk, Miss Margaret Meads, oversees these documents but has delayed their release because this would allow businesses to see the gross receipts of their competitors.  She is awaiting an opinion from city attorney Buck Gibson before she takes any action.

My response:  I can see how the release of these documents could be detrimental to local businesses and I truly regret that, but the city council and their creation of the A&P Commission have put us in this position.  These are the kinds of ethical dilemmas that A&P Commissions and A&P taxes create.

We should never have to choose between the rule of law and fair competition.  However, that is where the mayor, the council, and the commission have placed us. 

I would urge Mrs. Meads to release the documents in accordance with the Freedom of Information Act.  I understand her hesitation, but the law must be followed, no matter what opinion the city attorney releases. 

It is not the city clerk's job to ensure competition, but it is her job to follow the law.  Ensuring fair competition is the job of the council and they have failed local businesses miserably.

They are spending the money.

The following is an exact quote from the minutes of the A&P Commission meeting held on July 20th, 2009 at 1:00 P.M.  

"Kent indicated that the Commision has purchased Quick Books and received a Federal Tax  ID number."

You can read the full text of the minutes by clicking here. 


They are spending the money.


The truth will prevail. 

Thuggery from city officials?

"Mr. Horton:

Your campaign is of no interest to me, if that is what you call it. You stated in your article in the Daily Citizen that A & P Tax money is being spent. This shows how little you really know!!! If you are going to present yourself in the public arena, I will call you out every time an untrue statement is told. I did not this time because of my respect for (your family member). I may not be as thoughtful next time. Our legal representation has advised me not to speak to you, therefore, cease communication with me immediately." - Steve Sterling

Is this type of thuggery from elected officials acceptable?  Is this an appropriate way for an elected official to approach a concerned, private citizen?


*Sterling is a Searcy Alderman from Ward 2.

An Open Letter to the Mayor and Searcy City Council

Madam Mayor and Aldermen,

The people of Searcy are upset that their petitions to vote on the A&P Tax are being ignored. 1,212 citizens of this great city signed a petition to vote on this tax, yet the council has chosen to thwart the will of the people. As a result, the people of Searcy are organizing. They are coming together this Thursday evening at Spring Park to tell you just how upset they are.

Let me be clear--this is uproar is not necessarily about the tax itself. None of us hate the parks or want to see park projects go unfunded. This is about the city council's illegal refusal to let us vote on the tax after they were lawfully petitioned by the citizens. We told you we wanted to vote and you did not listen; we petitioned you to let us vote and you have further ignored us, showing contempt for the law and for the will of the people.

You are formally invited to join us for this event and to hear from the people you are elected to represent. The people will know that you were invited and they will know if you do not show up to hear their concerns.

Please come out and show your willingness to listen to the people of this great city. Thank you.

One week from today

Next Thursday evening, the citizens of Searcy will unite to show their disdain for higher taxes and governmental abuse of power.  Yes, we know that the City Council has the legal right to vote on the A&P Tax and impose it without the consent of the governed, but they also could have placed the issue on the ballot at a minimal cost and at no political risk.  Instead, even after being legally petitioned by the citizens, they are still refusing to set an election date for the tax.  We also now know, as evidenced by the minutes of the A&P Commission meeting, that this illegally collected money is starting to be spent. 

I understand the council's legal right to vote on the A&P Tax, but I cannot comprehend their illegal refusal to recognize the citizens' sufficient and verified petitions to place the tax on the ballot.

The council is elected to represent us.  So, when thousands of Searcy citizens want to vote (and 1,200 of them sign a petition to that effect), why would the Council refuse to hear from them?  Perhaps they knew that the tax would fail 2-to-1 like it did it 2007?

If you are dissatisfied with the conduct of the Searcy government, join us at Spring Park from 6:00-8:00 p.m. for the Searcy TEA Party.  Free watermelon for all in attendance and live music. 

If the council and mayor truly care what the people of Searcy think, then I formally invite them to come and listen.

A&P Commissions - What are they good for?

Today, Senator Blanche Lincoln spent hours meeting with Benton's A&P Commission in downtown Benton. They met in a suite behind city hall. The doors were locked, the blinds were closed; citizens were kept at bay. Some media was allowed to enter, but no citizens. After all, we would not want to let the people of Arkansas interrupt such an important meeting.

While sitting outside in the hot August sun, waiting for Lincoln's exit, I began to wonder if all the secrecy and seclusion was a vice of Lincoln's or of the A&P Commission? Just what kind of modus operandi are these Commissions subject to? We may never know for sure who created such a closed atmosphere in Benton today, but here's what we do know:

• A&P Commissioners are 100% unaccountable to the voters of Searcy. (or any voters of any city in which they operate).
  

- The initial commissioners are appointed by the city council, but thereafter, the commission appoints its own members.

• A&P Commissioners have 100% control over the funds generated by the "A&P Tax."
  

- All revenue from the A&P Tax (1% on prepared foods and 3% on hotels) goes straight to the Commission. The tax will generate close to $1,000,000 per year.

• The Searcy A&P Commission has been granted the authority to place a lien on your property.

- See 17-17-18 of the A&P Ordinance.

• Violations of the Commission's regulations are punishable by Class A Misdemeanor and fines up to $1,000.

- See 17-17-23 of the A&P Ordinance.


It does not take long to see why A&P Commissions can easily become oppressive and overreaching. Yet the real tragedy is that the people of Searcy have no recourse against a Commission that is unaccountable to them.

Perhaps the citizens should have had a voice in this issue, for I fear that our fate will be much the same as Benton's--unelected bureaucrats meeting behind closed doors in "smoke-filled rooms" and begging Senators for money. The People will have no say because the Commissioners have no reason to hear their concerns--they cannot be unelected.

Is this now "business as usual" in Searcy?

I fear that the political tide has taken a large turn towards elitism in Searcy. I am running for city council to help shift that tide. With your help, we can take back our government.