Tontitown Council Meeting Ends Abruptly

Two Members Claim Four Of Six Missed Oath Of Office Deadline

— Four Tontitown aldermen haven’t been properly sworn into office, two other council members said Monday night.

At A Glance

Swearing In

City officials are required to be sworn into office in accordance with rules set out by the state. Four of six Tontitown council members weren’t properly sworn in and cannot serve, two other council members said Monday evening.

Arkansas Code Annotated, 14-42-106(d)

The council or aldermen shall have the power to declare the office of any elected or appointed person vacant who shall fail to take the oath of office or give the bond required in this section within ten (10) days of the first day of January after his election or within ten (10) days after he has been notified of his appointment. In such case, the council or aldermen shall proceed to appoint as in other cases of vacancy.

Source: Staff Report

The revelation brought a specially-called City Council meeting to a halt less than a minute after it began Monday evening.

“I don’t think we have a quorum here to continue the meeting,” said Sunny Hinshaw. “I can’t find any record where four members were sworn in properly, so we have no quorum.”

Aldermen Bobby Pinalto, Clint Penzo, Joey Pinalto and Mike Zulpo technically haven’t taken their seats for the current term, and their seats should be declared vacant because they missed a Jan. 10 deadline to take the oath of office, Hinshaw said.

Three of the four — the Pinaltos and Zulpo — have taken the oath of office for previous council terms.

“I’ll say right now, I haven’t been sworn in this term, this year,” Zulpo said.

City attorney Mark Dossett advised the council to adjourn the meeting, and said he will investigate possible solutions with the Arkansas Municipal League.

“I think we’ll be OK as soon as we get everyone properly sworn in,” Dossett said. “I don’t think it reads quite the way (Hinshaw) thinks it does.”

Judges, justices of the peace, the county clerk or the mayor can swear in council members, Dossett said.

County Clerk Becky Lewallen swore in Hinshaw and Henry Piazza, the sixth council member, Hinshaw said.

The maneuver left several items unaddressed, including formal acceptance of former Mayor Tommy Granata’s resignation, discussion of the 2013 budget and a resolution addressing a possible conflict involving the city’s appointed recorder/treasurer, who is also a city employee.

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