Little Rock directors debate resignation request for Director Richardson; city attorney outlines limits on board authority and rescind options

Director Phillips said he will vote no on a resolution asking Director Antoine Richardson to resign, calling the measure ineffective and undemocratic and urging the board to allow Ward 2 residents to use statutory recall procedures.

"I will be voting no on this resolution for a number of reasons," Director Phillips said, adding that the board "have no authority to ask someone to resign" and that a recall process is available to Ward 2 residents.

The matter centers on both legal limits and political concerns. Phillips told colleagues that, if Richardson were to resign, Arkansas Code 14-47-113 would allow the board to appoint his replacement rather than giving Ward 2 voters a direct choice. "If he decides to resign, then under Arkansas code 14 47 1 13, we as a city board pick his replacement, not the people of Ward 2," Phillips said, arguing that would be "undemocratic." He also warned the resolution risks setting a precedent for future requests to force colleagues out for policy disagreements.

The City Attorney briefed the board on the statutory history governing mayoral voting power under Little Rock's city-manager form of government. He said changes in statutes and legislative action since the city's adoption of ward representation mean the mayor may vote only to break a tie. "For a manager form of government with the mayor with the veto power, the mayor votes only in case of a tie," the City Attorney said, adding that the recent 5-3 vote with two absences did not constitute a tie and therefore the mayor could not vote.

The City Attorney also explained procedural options for undoing or revisiting the prior zoning vote. He said a motion to reconsider must be made at the meeting where the measure was adopted and by a member of the prevailing side; other motions to rescind or review can be made later but generally require eight votes to overturn unless prior notice is given, in which case a majority of six suffices. "There's two typical ways that this happens. One is a vote for reconsideration, and one is a vote to rescind," he said, noting the timing and who may make each motion.

Vice Mayor Ward gave public notice that she intends to move to rescind the prior zoning vote at the board's next meeting. She said that, with notice, the motion to rescind would require six votes and that, if the board successfully rescinds, the board would have to reissue public notice and set a new hearing for the zoning matter. "For tonight, what I want to do is I want to rescind the vote, and that should happen on next Tuesday," Vice Mayor Ward said.

No formal vote on the resignation resolution or on rescinding the zoning decision occurred during this meeting. Several residents from the Tall Timber / Pecan Lake neighborhoods attended; board members said staff would provide procedural clarifications to residents and that the statutory recall process for Ward 2 has been communicated to constituents.

The board did not take formal action on the resignation request at this meeting; Vice Mayor Ward's notice sets a procedural path for a rescind motion at the next meeting, should she move forward.