City Attorney Andre Valley told members of the Helena-West Helena City Council on Wednesday that a court issued a verbal order removing Mayor Christopher Morledge from office after a trial on a lawsuit alleging nonfeasance, and that, under state law, Governor Sarah Huckabee Sanders will appoint someone to serve the remainder of the term.
"What has transpired is that last week, you all are aware that the mayor was served with a lawsuit for, non fees of office. And that was a trial held yesterday for about 4 hours with just Christopher Morledge, verbally issued an order removing him from office immediately," City Attorney Andre Valley said. Valley said the order had not yet been entered in the court record at the time of the briefing.
Valley said the council is operating under Arkansas statutory provisions addressing removal and appointment. "When the governor appoints, that person serves the remainder of the term," Valley said, citing the statute the city is relying on. He told council members that while a person appointed by the governor may be a current city council member, the appointee would serve as mayor and that appointment would not bar that person from later seeking election to the office.
The council could not take official action at the meeting because it did not have a quorum. Clerk roll call showed three members present and three absent; Valley said, "It is now 06:15, and there's no quorum present. And that is how we're gonna operate." He said one item on the agenda that required action would be postponed until a quorum can be convened.
Valley described steps city staff planned to take during the interim. He said the city clerk and city treasurer, working with the attorney, would handle day-to-day operations and finances and that the council should avoid personnel changes while the interim continues. "They suggested that there'd be no hiring and no firing and that the city be concerned about the operations and getting the finances in order," Valley said, referring to guidance circulated by staff and others.
He also noted a recent change to the Arkansas Freedom of Information Act affecting meeting notices: agendas for regular and special-call meetings must be posted on the city's website three days before the meeting; special-call notice exceptions remain for shorter notices but the agenda must still be posted online. Valley said the city will circulate availability to schedule a future meeting once a quorum can be secured.
The council ended the meeting without taking formal votes. A motion to adjourn was made and seconded, but Valley and the presiding officer said there was no quorum to record an official vote.
The city attorney and council members said they would provide more information to the public as the court enters orders and as the governor makes any appointment. No deadlines or dates for a gubernatorial appointment were provided during the briefing.