'Growing pains' for eStem at UALR

January 23, 2018, 5:52 am

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The Arkansas Democrat-Gazette reported in a front-page article about UALR faculty concerns about the impact of the new eStem charter school on campus, ranging from dropoff traffic to noise during finals and the impact of hundreds of new high school students on the gym, library and eating facilities.

Faculty expressed concern that the school could harm the college's own plan to expand enrollment.

The article followed by a day a D-G op-ed by school chief John Bacon talking about the general great success of the new eStem high school campus, which got its start in downtown space leased from Democrat-Gazette publisher Walter Hussman, a stalwart supporter of charter schools. Bacon's "growing pains" op-ed softened up the topic for today's news story,

Unsaid in the article today is lingering unhappiness among faculty about former Chancellor Joel Anderson's deal to put eStem on campus without consulting them. Said the resolution adopted by the Faculty Senate Friday:

Whereas faculty, students, staff, and administration of the University of Arkansas at Little Rock were not involved in the process of developing the Memorandum of Understanding (MoU) to bring eStem High School to the UA Little Rock campus;

Concerns included the impact on public education in Little Roc — that is, the ongoing debate about charter schools' ill effect on the Little Rock public school district.

For the record, here's the Faculty Senate's recommendation on changes in eStem operation to alleviate some of the concerns. Bacon outlined in the D-G steps being taken to address them (rules on student drop-offs, additional lunch hour periods and other measures). The resolution notes enrollment exceeds by 15 the agreed-on limit of 450 for this year and calls for renegotiation of promises of use of more existing UALR facilities. It suggests some joint oversight by faculty.

the Faculty Senate recommends the formation of a joint eStem/UA Little Rock committee, which includes faculty from both campuses, charged with establishing, monitoring, and maintaining a Code of Conduct for eStem student behavior as guests on the UA Little Rock campus and charged with developing an on-boarding orientation for eStem students;

And Be it Further Resolved that the Faculty Senate recommends continued adult supervision of eStem students on the UA Little Rock campus;

The charter school industry, in general, doesn't take kindly to regulation or oversight by others, be they elected school boards or anyone else not a part of the organization.

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Immigration — the lunatics are in charge of the asylum

January 23, 2018, 6:12 am

≫ Next: Razorbacks get your guns

≪ Previous: 'Growing pains' for eStem at UALR

Democrats relented on the government shutdown in return for a promise for a meaningful Senate debate and vote on legislation to help the dreamers.

But it grows clearer, as I suggested yesterday, that the hard-right has the hammer on this issue and will not let go. The xenophobic nut, Rep. Steve King of Iowa, has essential control of immigration legislation in the House and he and others declare the Durbin-Graham compromise is a non-starter there.

Meanwhile, in the Senate, there's Sen. Tom Cotton, the meanest man in America, and his puppet, Donald Trump working in tandem to ensure that no succor for the Dreamers comes without a long list of punitive immigration measures to which no Democrat (or human being) with a conscience could approve. It's more than a wasteful wall. Using a House proposal as a guide, they'd criminalize those who earn low wages, break up families, cut immigration by a huge percentage and shape immigration in such a way as to discourage applicants from shithole countries.

A taste of the surly Sand Lizard:

Come early February it seems likely another standoff awaits. Will Democrats fold this time? The Democrats have gotten children off the table as hostages, so that's something. And polls show, despite Cotton's bile, that the majority of Americans DO want to help the Dreamers. WWJD? Not what Tough Tom would do, it's pretty clear.

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Razorbacks get your guns

January 23, 2018, 6:17 am

≫ Next: In 2018, we learn to love the federal deficit

≪ Previous: Immigration — the lunatics are in charge of the asylum

The University of Arkansas announces a campus forum to talk about the advent of concealed weapons on campus once a new licensing provision established in a 2017 law is in place. (Though remember, there are gun advocates who contend no license is necessary to carry a weapon openly or in concealment in Arkansas.)

The University of Arkansas will hold a public forum to discuss implementation of the new Arkansas concealed-carry law and answer questions from the campus community.

What: Campus concealed-carry forum

When: 10 a.m. Thursday, Jan. 25

Where: E.J. Ball Courtroom at the School of Law

Speakers: Steve Gahagans, director, University of Arkansas Police Department; Matt McCoy, associate general counsel; Terry Martin, vice provost for academic affairs; Mark Rushing, assistant vice chancellor for University Relations.

Some of the panelists will be available to answer questions from the media following the forum.

The badly flawed law leaves many questions, not the least about the fact that storage of weapons is prohibited in dorms, nominally, but not necessarily carrying a weapon into a dorm. Feeling safer yet?

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In 2018, we learn to love the federal deficit

January 23, 2018, 7:06 am

≫ Next: No change in Arkansas unemployment rate

≪ Previous: Razorbacks get your guns

Ernest Dumas explains in detail why the federal budget deficit, once a key talking part for the Republican Party, no longer matters. It's simple. Republicans are in charge and the deficit is likely to grow.

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No change in Arkansas unemployment rate

January 23, 2018, 7:11 am

≫ Next: Little Rock police report homicide

≪ Previous: In 2018, we learn to love the federal deficit

The number of people working dropped by 10,000, but the Arkansas unemployment rate held steady at 3.7 percent in December, the state reports. Full details here.

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Little Rock police report homicide

January 23, 2018, 7:26 am

≫ Next: Pedestrian killed by car in Otter Creek

≪ Previous: No change in Arkansas unemployment rate

The police said today that a woman found dead in her home Sunday was a homicide victim.

Helen Hampton found her daughter Katrina Hampton, 34, dead in her home at 6902 W. 34th Street about 2 p.m. Sunday. A news release provided no details, but said the death appeared to be suspicious. The medical examiner has ruled the death a homicide.

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Pedestrian killed by car in Otter Creek

January 23, 2018, 7:36 am

≫ Next: Toad Suck, Museum of Discovery link up for STEM education

≪ Previous: Little Rock police report homicide

Little Rock police report that James Kilgore, 67, was struck and killed by a car about 9:30 p.m. Sunday as he crossed Wimbledon Loop in Otter Creek.

A police report says Samuel McKee, 47, who lives nearby, was northbound on Wimbledon Loop near the intersection with Wimbledon Green when his car struck Kilgore, who lives on Wimbledon Loop. The accident remains under investigation.

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Toad Suck, Museum of Discovery link up for STEM education

January 23, 2018, 8:30 am

≫ Next: Tom Cotton: Hypocrite and liar

≪ Previous: Pedestrian killed by car in Otter Creek

Toad Suck Daze, the annual festival sponsored by the Conway Area Chamber of Commerce and Little Rock's Museum of Discovery have announced a partnership to put a STEM education program in more than two dozen Central Arkansas elementary schools.

The effort is backed by Acxiom and First Arkansas Bank and Trust.

More than 24 teachers have been trained to use "tinkering kits" in class to teach skills and introduce subjects such as circuitry and robotics. They'll participate in a Tinkerfest at the Toad Suck Daze festival in May in downtown Conway.

Jamie Gates of the Conway chamber notes that the festival, which has benefitted students in Faulkner County, will expand its reach to neighboring counties in this program, including schools in Pulaski County.

The full news release here.

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Tom Cotton: Hypocrite and liar

January 23, 2018, 9:29 am

≫ Next: Arkansas Business: Clean Line wind power project across Arkansas appears dead

≪ Previous: Toad Suck, Museum of Discovery link up for STEM education

The surly Sand Lizard, Sen. Tom Cotton, slithered down for some friendly airtime with his mouthpiece — conservative talker Hugh Hewitt — and demonstrated his hypocrisy again.

Chris Hayes summarized on Twitter:
This doesn't begin to recount of all of Cotton's obstruction of Obama administration actions, but denying a wholly qualified diplomatic appointment (who was dying of cancer) because Cassandra Butts was a personal friend of the president was probably the most odious. He also put a single-handed block on appointments to the federal court of claims, most likely to help some lawyer friends. There he blocked appointments, including a groundbreaking minority appointee, for two years despite a shortage of manpower on the court.

Good when he did it. Bad when Democrats do it. Meanest man in America.

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Arkansas Business: Clean Line wind power project across Arkansas appears dead

January 23, 2018, 12:18 pm

≫ Next: Another school shooting, more dead

≪ Previous: Tom Cotton: Hypocrite and liar

Arkansas Business reports that the Clean Line project to carry wind-generated power from Oklahoma to Tennessee via a line crossing Arkansas is all but dead.

Arkansas's Republican congressional delegation had thrown up staunch opposition to the project, favoring coal-burning to generate power.

Michael Skelly, the company's president, told Arkansas Business that the direct-current project, which would have transmitted 4,000 megawatts of renewable energy from Western Oklahoma to eastern Tennessee, is basically on life support.

"Everybody knows that if you can delay a project, you can hurt it or force a different outcome," Skelly said after devoting nearly nine years and some $100 million in private investor money to the project, which would have crossed 12 Arkansas counties with 200-foot-high transmission towers. "We're ending up with an outcome that's just fine for us business-wise, but not as good for Arkansas."

Arkansans in Congress want the Energy Department to terminate the project. It entered the process when the Clean Line effort couldn't get state PSC approval. The demand by members of Congress for state control of a clean electric power line crossing the state contrasts with unanimous support from Arkansas Republicans to force a line carrying dirty Canadian tar sands across the Great Plains — over some state objections — so it could be refined into products for shipment to China.

The Diamond XL pipeline abridged no property rights, the congressman apparently believe, but this power line does.

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Another school shooting, more dead

January 23, 2018, 12:40 pm

≫ Next: Tuesday: Open line and the daily video

≪ Previous: Arkansas Business: Clean Line wind power project across Arkansas appears dead

A 15-year-old student opened fire after entering a Kentucky high school today, leaving two students dead and a dozen wounded. The shooter is in custody. Motivation not yet known, but it was the ninth school shooting in 23 days of 2018.

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Tuesday: Open line and the daily video

January 23, 2018, 12:45 pm

≫ Next: Piazza gets off city campaign finance case

≪ Previous: Another school shooting, more dead

Here's the open line. Also the news roundup on a deadly day.

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Piazza gets off city campaign finance case

January 23, 2018, 1:27 pm

≫ Next: Clarksville utility goes solar

≪ Previous: Tuesday: Open line and the daily video

Circuit Judge Chris Piazza has recused from hearing the city of Little Rock lawsuit against the state Ethics Commission and two mayoral candidates, Warwick Sabin and Frank Scott Jr., over their use of exploratory committees to raise money to prepare for a race for mayor against Mark Stodola.

The Ethics Commission has found no wrong in exploratory committees, allowed two years before an election by state law. The city contends the candidates are prohibited from raising money by city ordinance until June 1. The city also claims that this same ordinance no longer applies to Mayor Stodola in its requirement to give away excess campaign money within 30 days of an election. Stodola has $78,000 he's prepared to spend held over from 2014.

Circuit Judge Tim Fox has now drawn the case assignment. Can the state Ethics Commission be sued any more in light of a recent Supreme Court ruling reversing precedent that allowed some lawsuits against the state. Fox this week dismissed a case against the Geology Commission for that reason, that the state now enjoys total immunity from lawsuits.

Piazza didn't give a specific reason to get off the case. He wrote: "The Court on its own motion and for good cause shown does hereby recuse from the above styled case. "

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Clarksville utility goes solar

January 24, 2018, 5:31 am

≫ Next: Income tax cut helps Kimberly-Clark slash jobs, including in Arkansas

≪ Previous: Piazza gets off city campaign finance case

The city of Clarksville will cut the ribbon today on what's said to be the state's largest solar-powered municipal utility plant.

Its backers say it will save customers $500,000 a year while reducing carbon emissions.

Clarksville Light and Water signed a contract for the plant last year with Scenic Hill Solar and it's finished ahead of schedule.

From a news release:

“We believe small communities can think and do big things. Our partnership with Scenic Hill Solar differentiates Clarksville by providing a local power generation resource, increases our already sizable portfolio of non-emitting power supply resources, positions our community as forward thinking, and yet our customers save money at the same time.” said Clarksville Light & Water Co. general manager John Lester. “In fact, with more businesses looking to increase their sustainability efforts, Clarksville is well positioned to help them meet their goals by CLW energy supply being approximately 50% renewable. In fact, as a municipal utility we have the flexibility to be able to provide a 100% renewable supply to potential new business if they have interest,” remarked Lester.

The plant will produce 25 percent of the utility's residential load.

Bill Halter, the former lieutenant governor, is CEO of Scenic Hill Solar. I asked him yesterday about the tariffs just proposed by the Trump administration on solar industry imports. He was careful, saying, in sum: The tariffs will increase the cost of solar projects, but that all knew that China had been dumping products in the U.S. He also expressed confidence that the move to renewable energy would remain a cost-saving and growing option for commercial use. KUAR talked at length with Halter about the issue.

The announcement today includes the gift from a variety of commercial and charitable sources in support of the effort for a total of $100,000, with a primary beneficiary the Johnson County Imagination Library, which provides a book a month to Johnson County children for the first five years of their lives. Contributions will also go to the Augsburg Food Bank, Finding Hope, Heroes on the Water and Union Rescue Mission.

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Income tax cut helps Kimberly-Clark slash jobs, including in Arkansas

January 24, 2018, 5:40 am

≫ Next: French Hill's empty political gesture

≪ Previous: Clarksville utility goes solar

A brief article in today's Democrat-Gazette reported the decision by Kimberly-Clark to slash its worldwide workforce by more than 10 percent, eliminating more than 5,000 jobs.

The company has facilities making disposable diapers and other products employing about 700 in Maumelle and Conway. The company has said the cuts will affect all operations. At the proportion announced, that could mean more than 70 jobs in Arkansas.

Noteworthy fact elaborated on elsewhere: these 5,000 job losses were enabled by the recent federal income tax cut. From the Washington Post:

Chief financial officer Maria Henry said the company’s gains from the tax overhaul would help offset the cost of the restructuring plan. The company had an effective tax rate of 28.6 percent in 2017, and the rate would drop to between 23 and 26 percent in 2018 as a result of congressional action, boosting year-over-year earnings growth by 6 points, she told analysts during a conference call to discuss recent financial results.

“We also anticipate ongoing annual cash flow benefits from tax reform,” Henry said. “That provides us flexibility to continue to allocate significant capital to shareholders while we also fund increased capital spending and our restructuring program over the next few years.”

In other words, it's taking tax savings to its shareholders' bottom line, not to workers. Note: The one-time bonuses and low-wage worker pay increases announced in some places have been a tiny fraction of the windfall from the tax cut.

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French Hill's empty political gesture

January 24, 2018, 6:11 am

≫ Next: The mess made by the Arkansas Supreme Court; did self-interest play a role?

≪ Previous: Income tax cut helps Kimberly-Clark slash jobs, including in Arkansas

Credit Blue Hog Report, too, for exposingRepublican U.S. Rep. French Hill's political grandstanding in announcing he'd refuse pay during the government shutdown.

Author Matt Campbell notes that the U.S. Constitution mandates payment, a fact of which Donald Trump was informed when he talked about refusing a presidential salary.

Campbell wrote before the shutdown was resolved:

I have already seen some folks saying that the Constitution allows Congress to ask that their pay be withheld. I have no idea where this belief comes from; the Constitution is clear that they must be paid, though (I suppose) the lack of specified intervals for pay might provide some wiggle room. Regardless, “withhold my pay” is a damn sight different from not receiving the pay at all. At most, if he can have it withheld, Hill–who certainly doesn’t rely solely on the Congressional paycheck to make ends meet–is merely delaying when he will receive the same amount of money.

The government workers who are not able to work right now because of the shutdown won’t later receive the money they missed out on. So Hill and his ilk can cause this problem and they still must be paid, while regular government workers, through no fault of their own, are out of luck unless and until Hill and the rest actually govern.

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The mess made by the Arkansas Supreme Court; did self-interest play a role?

January 24, 2018, 6:54 am

≫ Next: Blue Hog Report digs up legislative entanglement from divorce court record

≪ Previous: French Hill's empty political gesture

The fallout is piling up fast from the Arkansas Supreme Court's ruling last week that the state Constitution means precisely what it says — the state of Arkansas cannot be sued in its courts. This is the doctrine of so-called sovereign immunity.

Already a suit against a Geology Commission action has been tossed. Monsanto's challenge of the dicamba ban is in peril. The ruling seems likely to nullify the city of Little Rock's effort to sue the Ethics Commission to make it punish opponents of incumbent Mayor Mark Stodola for raising money. Is a suit over FOI possible anymore (Secretary of State Mark Martin tried to stop one on this ground once)? Over illegal expenditures?

In a 5-2 decision, dissenting Justices Jo Hart and Karen Baker said it was disingenuous for the majority to suggest the ban only applied to cases where money damages were being sought. But the majority didn't say that explicitly, though they might have hinted as much in a conference on the case. They said the Constitution says "never." The end.

Now comes the matter ofCircuit Judge Wendell Griffen in his federal lawsuit challenging the legality of the Arkansas Supreme Court ruling barring him from hearing any cases pertaining to the death penalty. This was their dubious, ex parte and highly political instant decisionby the court following Griffen's ruling in a property rights case that had the effect of preventing the state from using drugs it had obtained by deceit to kill inmates. Griffen presented an ill appearance in participating the same day he issued his ruling in an anti-death penalty demonstration. He contends his ruling wasn't influenced by that and that he has a First Amendment right to his beliefs, as well as protection under the state religious freedom act not to be punished for speech. The court record of that case is interesting:

The Supreme Court asked in December that Griffen's suit be dismissed. They cited, among others, sovereign immunity. (That constitutional provision applies only in state courts, not federal courts, which still may consider federal constitutional violations.)

Griffen responded through his attorney Mike Laux that sovereign immunity didn't apply, in part because the Arkansas Religious Freedom Restoration Act waived sovereign immunity over expressions of religious faith.

Jan. 16, lawyers for the Supreme Court asked to file a reply brief, not normal procedure. Laux said he agreed. Jan. 18, federal Judge Jay Moody approved the request, without objection from Griffen.

Later that day, the Arkansas Supreme Court reversed 20 years of precedent and said the legislature did not have the power to waive the sovereign immunity provision in the Constitution, despite years of court cases providing circumstances when it could.

Tuesday, the Supreme Court filed its reply brief to Griffen's federal court case. In it, they cited their own decision last Thursday in support of the notion they could not be sued.

The Supreme Court cited a number of reasons why Griffen's lawsuit must fail (and I tend to think the odds are against him generally) but the interesting part is when the Arkansas Supreme Court relies on its own ruling to make its case. Griffen argues that the Supreme Court must be a defendant because of the violation of his rights under the state religious freedom statute. But the Supreme Court, through its lawyers, said a plaintiff can't go to federal court against a state officer unless such a suit is specifically authorized by state law. The Religious Freedom statute has no such provision.

Even if it did, the brief said, "the legislature is without power to authorize suit in state court." Authority cited for this statement included the Supreme Court decision in University of Arkansas v. Andrews last Thursday.

This takes judicial home cooking to a whole new level. Here's the Supreme Court's full argument
.
The sad state of the Arkansas Supreme Court is exemplified by this mess. Its use of its own decision-making for personal purposes is almost the least of it against the obstacle it has thrown up against the people of Arkansas. They have been deprived constitutional rights of jury trial and compensation for wrongs when the wrongdoer is the state of Arkansas. Leaving a limited alternative with the overtly political Claims Commission and the legislators who control the checkbook is no comfort, whatever the Supreme Court majority said.

UPDATE: I asked Mike Laux about these developments.

He agreed that the Supreme Court decision last week nominally involves only state court, "but immunity cases are frequently used for dogmatic support whether defending in state or federal court."

But he said it is most concerning when it comes to Griffen's separate state claim alleging a violation of the Religious Freedom Restoration Act. Should the fedral judge reject federal constitutional claims and declines to exercise jurisdiction on the state claim (a course he took in declining to rule on the lawsuit over the debtor's prison class action case in Sherwood) Griffen would be forced back to state court. There, we can conclude from last week's case, he'd be summarily dismissed by the judges he's suing.

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Blue Hog Report digs up legislative entanglement from divorce court record

January 24, 2018, 7:01 am

≫ Next: Group seeks to overturn Supreme Court sovereign immunity ruling with amendment

≪ Previous: The mess made by the Arkansas Supreme Court; did self-interest play a role?

Matt Campbell's Blue Hog Report has mined public record for an item likely to be the talk of the Capitol today — divorces of two Republican House members, Rep. Laurie Rushing of Hot Springs and Rep. Ken Henderson of Russellville.

In his Twitter post that features a photo from Rushing's Facebook page, Henderson is the man in center with the goatee; Rushing is standing left of him in photo

Filings in Pope Circuit Court in Henderson's divorce case, by his wife, allege adultery on his part and questions submitted to him suggest a relationship with Rushing. Henderson has fired back at his wife with questions suggesting his wife had stalked Rushing and assaulted her at a funeral service.

Rushing's own divorce was concluded quietly, but Campbell noted a tinge of hypocrisy. She introduced, but failed to pass, legislation in 2017 that would require people to file court documents under full names. She filed for divorce two days after the session ended as "L.J. Rushing."

Campbell also notes the legislators come from the party of "family values," a phrase Rushing used often in her campaign advertising, as Blue Hog illustrated:

Male-female relationships in the workplace don't seem likely to stop making the news anytime soon.

I've sent e-mails to Rushing and Henderson asking if they'd care to comment.

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Group seeks to overturn Supreme Court sovereign immunity ruling with amendment

January 24, 2018, 8:28 am

≫ Next: LRPD suspends officer who complained about racial slur in recruit's Facebook post

≪ Previous: Blue Hog Report digs up legislative entanglement from divorce court record

An ad hoc group has announced plans to attempt to put a constitutional amendment on the ballot that would restore the right of the legislature to waive the Constitution's sovereign immunity provision that the Arkansas Supreme Court has said bans lawsuits against the state.

From a release:

The Committee to Restore Arkansans’ Rights has asked Attorney General Leslie Rutledge to certify the popular name and ballot title of a proposed constitutional amendment. The amendment would add clarifying language to Article V, Section 20 of the state constitution to grant authority to the Legislature to allow lawsuits against the state.

Previously, when the General Assembly waived sovereign immunity, it did so by statute. That was a practice the courts had accepted for more than two decades. However, in last week’s 5-2 decision, the Supreme Court ruled the statutory mechanism for waiving sovereign immunity did not supersede Article V, Section 20, which says the state shall not be made a defendant in state courts.

The potential implications of the Court’s decision are far-reaching. Arkansas citizens no longer have an avenue in state court to challenge a broad array of state laws or regulations. In her dissenting opinion, Justice Karen Baker said the decision calls into question actions taken under the Arkansas Freedom of Information Act, the Minimum Wage Act, and the Whistle Blower Act, among others. Additionally, the decision could circumvent lawsuits under the Administrative Procedures Act, stop taxpayer illegal exaction cases and prevent lawsuits against the Department of Human Services regarding child welfare.

The proposed constitutional amendment seeks to ensure the General Assembly may continue the long-held practice of waiving sovereign immunity. The amendment adds six words to Article V, Section 20, so that the constitution would now state: “The State of Arkansas shall never be made defendant in any of her courts, unless authorized by the General Assembly.”

Under Arkansas Code Section 7-9-107, the Attorney General is required to certify or reject the popular name or ballot title of a proposed constitutional amendment within 10 days. Upon certification, the Committee to Restore Arkansans’ Rights would begin collecting signatures for the measure to be placed on the Nov. 6 general election ballot.

Attorney Alex Gray of the Little Rock law firm Steel, Wright, Gray and Hutchinson filed the request Tuesday with the Attorney General on behalf of the Committee to Restore Arkansans’ Rights.

The law firm's partners include former legislator Nate Steel and current state Sen. Jeremy Hutchinson. The same law firm is playing a role in an effort to get a constitutional amendment on the ballot to legalize several casinos in Arkansas, in addition to those now operating at Oaklawn Park and Southland Park. The financial backers of that effort haven't been disclosed yet, though an indication from the Quapaw tribe that it would seek to operate a casino in Jefferson County indicates it could bring its significant resources to the fight. Attorney General Leslie Rutledge has not yet issued a ruling on the form of that proposed amendment. It would devote a big share of gambling taxes to highways.

Amendment backers, once a form is approved, must obtain 84,859 signatures of registered voters to qualify for the November 2018 ballot. They must submit them by early July, four months before the general election.

The new group does not yet have an organizational filing on the state Ethics Commission website.

Should it succeed, this group would hit the ballot along with a competing measure on lawsuits. A business-backed amendment would severely limit damage awards and attorney fees and turn over court rule-making to legislative control. Does the sovereign immunity proposal contradict or complement that effort? It is, at a minimum, another rebuke to the Supreme Court.

In response to a question, spokesman Aaron Sadler said Ryan Owsley, a Little Rock lawyer, was chairman and treasurer of the committee. Otherwise:

There have been several individuals and businesses concerned about the Court's decision and state sovereign immunity who have encouraged the committee to get the amendment process started. The committee expects a broad coalition of individuals and businesses to support the campaign.

Sadler added this:

This amendment is in no way a criticism of the Andrews decision. It is an attempt to authorize the General Assembly to waive sovereign immunity, which it is currently unable to do.

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LRPD suspends officer who complained about racial slur in recruit's Facebook post

January 24, 2018, 9:10 am

≫ Next: Sierra Club says Arkansas power plants are polluting Memphis

≪ Previous: Group seeks to overturn Supreme Court sovereign immunity ruling with amendment

The Little Rock Police Department has continued punishing black officers involved in the reporting of a white police recruit's use of a racial slur on Facebook.

Sgt. Willie Davis, who is vice president of the Little Rock Black Police Officers Association, was suspended Monday for 10 days the LRPD confirmed. The police will not comment on the reason — citing personnel matters. (I've requested all files that resulted in the suspension.)

But, according to multiple sources, the suspension resulted from Davis, and the BPOA, writing a complaint about a 2013 Facebook post made by white recruit Brandon Schiefelbein — in which, under a photo of a sleeping black man, Schiefelbein wrote "Go night night nigga. Go night night"— instead of reporting it to a supervisor.

The BPOA complaint was made public by blogger Russ Racop.

Davis' suspension follows the firing of the black police recruit Brandon Gurley, who first complained directly to Schiefelbein via Facebook about the message. (Schiefelbein took down the post, said it was a quote of a comedian used with a photo of a fellow soldier who did not object and apologized. Gurley accepted the apology.) The reason Gurley was fired? Because he, a black man, also used the n-word on Facebook.

Here's how that logic came into play. Schiefelbein hired a lawyer once the post was made public: Robert Newcomb. Then Newcomb, in a back-and-forth with the city said: 1) his client was quoting Kevin Hart; and 2) Gurley also used the racial slur on Facebook. "If it is conduct unbecoming for one, it would be conduct unbecoming for the other," Newcomb said.

So, LRPD fired both Gurley and Schiefelbein.

Davis has often been publicly critical of the department — including letters calling out LRPD Chief Kenton Buckner. We interviewed him recently about community policing for our cover story on a policy of increased traffic stops compared by some to stop-and-frisk.

"We have a lot of good officers; we do. I think 98 percent of the time we get it right," [Davis] said. "But there's a small degree. And, there's a few that will never accept the idea of community policing. In some cases it may be a person that acts as a leader — that may be a leader." Davis was among the Black Police Officers Association members to criticize Chief Buckner.

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