By DAVID NICHOL
T-H Staff Writer
A circuit judge will give his decision soon in a lawsuit that seeks to have one filing period upheld over another filing period in a municipal election.
Judge Harvey Yates heard arguments on both sides of the case in Wynne Thursday afternoon, although the case involves Forrest City. Yates said the time frame of the case required that the case be heard as soon as possible.
At issue are two state statutes which, Forrest City claims, create two different filing periods for municipal candidates in towns in which all candidates are independent.
Due to the apparent conflict created by the two statutes, there has been confusion in the filings for elected offices in Forrest City.
One statute, according to Christopher Morledge, attorney for the city, cites the option of declaring that the filing period for independent candidates ends at noon the day before the preferential primary.
The second statute, enacted in 1999, gives a window of 60 to 80 days before the election for independent municipal candidates to file.
He said the second law does not specifically repeal the first, leaving conflicting laws on the books.
Morledge said that two incumbent city council members, John Gadberry and Roy Hancock, sensing a possible legal problem, filed during both periods, just in case. Bobby Ray Woodard, who is running against Gadberry, and Clifton Avant, who is running against Hancock, both filed during the 60-80 day period. In addition, another candidate, Henry Peacock, who also wants to run against Hancock, filed only during the period specified by the city ordinance.
Although they are not mentioned in the suit, Morledge said there are other Forrest City municipal candidates who may be affected by the ruling. For instance, mayoral candidates Frederick Freeman and Bill Baxter both filed in accordance with the city ordinance. Incumbent Mayor Larry Bryant and challenger Chris Oswalt filed during both periods.
"It's going to come down to a definition of 'deadline,'" said Morledge. "You cannot have two deadlines. It is incongruous to have two deadlines."
The city is asking that the city ordinance be upheld, meaning that Woodard and Avant would no longer be candidates. Morledge said he realized that it might be too late to keep the two men off the actual ballot. But he said the vote counting machine could be programed not to count votes cast for the two men.
The city is also asking that, if the 60-80 day window is upheld, that Peacock be tossed from the ballot.
Fletcher Long, Jr., attorney for the St. Francis County Election Commission, told the judge, "In trying to fix a mess, the Legislature made a bigger one. I don't know if there is a good way to solve it."
He said both laws are on the books.
"There are two legislative enactments on the books," Long said. "Both tell you how to file. If a man says, 'I'm going to file under the law,' why should he be punished? All of the candidates filed legally, under one or another of the laws."
He said it would be a "grave injustice" to remove those who filed. He said until the Legislature addresses the problem, there are simply two laws covering when an independent municipal candidate can file.
Woodard and Avant were present but did not speak. An attorney for Avant had delivered a written reply to Yates beforehand. Bettye Proctor was on hand to represent the St. Francis County Election Commission. Also attending but not speaking were Gadberry and Hancock, Forrest City Clerk-Treasurer Marie Todd and St. Francis County Clerk Elizabeth Smith.
Peacock was also present and wished to represent himself. He said mainly that he believed that since everyone had filed under an existing law, everyone should be allowed to remain a candidate, and "let the people vote on their aldermen."
Yates said he would study all the testimony and give his decision.
By DAVID NICHOL
T-H Staff Writer
The results by school district and grade of standardized tests given to students last spring show the Forrest City School District with improvements over last year in grades four and six.
"Forrest City did make gains in the fourth grade and sixth grade," said Phyllis Russell, test coordinator for the district. "One good thing is, we're having a decrease in those scoring below basic, which is what we want. We want the below basic to decrease the proficient and advanced to increase."
She said the district was pleased with the improvements, and that work would be done to continue the improvements.
Assistant Superintendent Alice Barnes agreed, saying, "We have shown some improvement and we're going to do some things, and we're hoping to see even greater improvement in (the tests which will be given) in the spring."
Barnes said some programs have been implemented which are already showing results.
"One thing is aligning our curriculum, and focusing on open-ended response questions, giving students the opportunity to do more writing," she said. "They need to write, and they need to be able to read. Students must be able to read in order to do math. There is a general connector there, a bridge between reading and math."
In Forrest City, the following results, comparing 2001 scores to those made in 2002, were achieved:
Fourth grade: Fourth graders did show an improvement in math. For instance, in 2001, 68 percent scored below basic in math, with that number dropping to 55 percent last spring. Basic skills in math improved from 16 to 17 percent. Those scoring proficient in math stayed at 9 percent both years, but those scoring at the advanced level improved from 7 percent to 20 percent. That made the improvement in those scoring proficient or higher increase from 16 percent to 29 percent (see chart).
In literacy, fourth graders saw the percentage of students at a below basic level drop from 46 percent to 35 percent. Basic skills remained the same at 33 percent. Students at the proficient level increased from 21 percent to 40 percent; while advanced level scores went from zero to 2 percent. This made for an improvement of from 21 percent to 42 percent proficient or better.
Sixth grade: Sixth graders showed a slight increase in below basic math skills, from 71 percent to 72 percent. Those scoring at the basic level fell, from 24 percent to 15 percent. The number of proficient scores increased from 5 percent in 2001 to 11 percent, while advanced scores increased from zero to 2 percent. This means those scoring at a proficient or higher level increased from 5 percent to 13 percent.
In literacy, sixth graders saw a decrease in below basic skills from 55 percent to 51 percent, and an increase in basic skills from 37 percent to 38 percent. Those scoring proficient increased from 8 to 10 percent, with no advanced level scores for either year.
Eighth grade: In math, eighth graders saw the percentage of test scores in math falling below the basic level fall from 61 percent to 53 percent. Scores reflecting basic skills increased from 32 percent to 45 percent. However, for eighth graders, math scores at the proficient level fell from 7 percent to 2 percent, and there were no advanced level scores.
Literacy scores for eighth graders showed a decrease in the percentage of below basic scores, from 57 percent to 47 percent. Basic level scores increased from 32 percent to 42 percent. However, students scoring proficient in literacy fell from 11 percent to 9 percent. There was a small improvement, from zero to 1 percent, in advanced level scores. However, the combination of students scoring at the proficient or better level still fell from 11 percent to 10 percent.
School District No. Tested Math % Literacy %
Forrest City 283 13 10
Palestine-Wheatley 51 16 10
Hughes 50 8 16
Wynne 181 36 17
Lee County 156 4 6
Brinkley 69 13 16
Helena-WHelena 235 5 9
West Memphis 402 22 27
* The percentages above include a combination of those students who scored proficient or higher in math and literacy. The percentages do not reflect the students whose scores were at the basic or below basic levels.
School District No. Tested Math % Literacy %
Forrest City 204 2 10
Palestine-Wheatley 37 11 14
Hughes 54 0 4
Wynne 198 25 27
Lee County 125 11 16
Brinkley 69 7 16
Helena-WHelena 265 3 6
West Memphis 374 12 30
* The percentages above include a combination of those students who scored proficient or higher in math and literacy. The percentages do not reflect the students whose scores were at the basic or below basic levels.
By KENDALL OWENS
T-H Staff Writer
The Colt Fire Department is expecting new gear as a part of the "Helping Our Own" program. According to Colt Fire Chief Jim Haynes, the program aids small rural fire departments through gear donated by departments in metropolitan areas.
"We've been told that we're going to get four airpacks and 10 sets of turnout gear, and that will be at no cost to our department. This is a relatively new program started by a department up near Newport, and they want to help small departments, like us, throughout the state. They're hoping to get as many rural departments as they can and we were the 28th to sign up," Haynes said.
According to Haynes, the department will also receive additional equipment when it is available.
In other business, council members voted to send strong letters to a pair of homeowners whose insurance company's have failed to pay the CFD for fire calls to their homes. The measure will call for legal action if the $350 payments are not made by Nov. 1.
Council members also approved a move to transfer funds from the new well account to pay start up costs for moving water lines, if necessary, when the transportation department expands Arkansas Highway 1 through Colt. According to city manager Bobby Clarkson, the funds will be reimbursed to the new well fund when the state reimburses the city for the costs of moving the lines.
By ALAN SMITH
T-H Staff Writer
A representative of the Arkansas Cattlemen's Association came before the Wheatley City Council Thursday night to express his concerns on a new bill being considered in the upcoming election.
Tommy Lalman of the ACA spoke to council members about the Animal Cruelty Bill that will be voted on statewide in the Nov. 5 election. Lalman said he feels the bill will hurt agriculture, hunting and fishing.
"The way this bill is presented is to make you feel all warm and fuzzy because you are protecting your dogs and cats; that's just not so," said Lalman. "This bill makes animal cruelty a class "D" felony, which if prosecuted, can carry a fine, jail time and they can take away your right to vote and firearms.
"This bill opens the door for these people (animal rights activists) to go over the line. The way the bill reads, if you kill a copperhead snake in your own backyard, if the right people see you do it and the right judge or lawyer takes the case, you can be prosecuted."
Lalman went on to say that even though they claim to have provisions in the bill for agriculture and hunting and fishing, there are none.
"The bill states the existing laws for agriculture and the game commission govern those areas, but those laws would carry the felony penalty if this thing passes."
Mayor Larry Nash proposed that the council pass a resolution in opposition of Amendment 3, which would remove the tax on food and medicine.
"We will be in a world of hurt and so will the county and state if this bill passes," Nash commented. A motion was made to pass a resolution, but no second-motion was offered.
When Nash asked why no motion was offered, Councilman John Clifton responded, "I oppose it, I just don't see why we need a resolution. What is the point? It's an individual thing."
Nash replied, "The way I see it, we are showing the citizens that we are thinking of the city by passing this. This will hurt the city if it passes."
No further discussion was offered.
No proposal to support the amendment was offered. Nash said, "I think its a very wrong move for us to make (not passing a resolution), but I'm just the mayor."
In other news, Nash told the council the cable franchise in Wheatley runs out on Nov. 11 of this year, and the current company has not expressed interest in renewing. When asked, city attorney Marshall Wright said that there was nothing they could do legally to make the cable company stay.
The subject of a pornography ordinance was brought up, but was tabled until the next meeting when Wright is expected to present a rough draft of the ordinance to council members.
By DAVID NICHOL
T-H Staff Writer
Two men were arrested on drug-related charges in separate incidents on Grobmeyer Circle Thursday night.
In the first incident, an officer was on patrol in an unmarked car and apprehended Druce Jones, 25, of 306 S. Division, who had appeared to be throwing away some objects as the officer approached. The items turned out to be bags of marijuana.
Jones was charted with possession of a controlled substance with intent to deliver near certain facilities, criminal trespass and obstructing government operations.
At. 9:50 p.m., an officer working a special assignment was notified of suspicious activity by an individual. When the person -- Iveran Magby, 29, of Colt -- was searched, a medicine bottle was found containing colored white rocks and powder. A K-9 unit was called to search a vehicle in which Magby had been seen. Found were a marijuana joint, a loaded .38 caliber pistol, a 20-gauge shotgun and shells.Magby was charged with possession of a controlled substance with intent to deliver near certain facilities and carrying a weapon.