Searcy Mayor’s Response to Legal Opinion

The following is an exchange between the mayor and the city attorney in response to the legal opinion that was posted last week, citing the legal concerns with the A&P tax and the unconstitutionality of the commissioners who DO NOT live in the city of Searcy; these emails are a chronological dialog:

—– Original Message —–
From: Buck Gibson <bgibson@millargibson.com>
To: Belinda Laforce
Sent: Mon Jun 15 10:33:00 2009
Subject: FW: A&P Commissioner Question

Grrrrrrrrrrrrrr.

Buck C. Gibson
Searcy City Attorney
401 W. Center
P.O.. Box 1406
Searcy, Arkansas 72145-1406
Phone: (501) 268-8220
Fax: (501) 278-5995

—-

From: Belinda Laforce [mailto:blaforce@cityofsearcy.org]
Sent: Monday, June 15, 2009 10:48 AM
To: bgibson@millargibson.com
Subject: Re: A&P Commissioner Question

Ive read this.   It looks as though we need to dismiss 3 of our commissioners and samend our ordinance?   Do we need to do this today or call another meeting of commission to discuss this?   Im seeking your advice?  Thanks. B
————————–
Sent from my BlackBerry Wireless Handheld.

—-

From: Buck Gibson [bgibson@millargibson.com]
Sent: Monday, June 15, 2009 11:20 AM
To: Belinda Laforce
Subject: RE: A&P Commissioner Question
Attachments: Ordinance — A&P v.2 PDF.pdf
Two ways to play it.

One: do nothing and force someone challenging this to raise the issue.
Two: amend it.

Let me know how you wish to proceed.  Recall that this is the manner in which we proposed it originally.

Buck C. Gibson
Searcy City Attorney
401 W. Center
P.O. Box 1406
Searcy, Arkansas 72145-1406
Phone: (501) 268-8220
Fax: (501) 278-5995

—-

Editors note:  These emails clearly indicate that the city attorney and the Mayor knew that there was/is a constitutional problem with their appointments AND they were willing to thwart the constitution for the sake of political expediency, costing the taxpayers thousands of dollars in legal fees.

The mayor and city attorney indisputably knew they were acting illegally before they acted.  This is grounds for removal from office.

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