Council Breaks Voting Rules And Denies Historical Mayoral Vote

Apr 15, 2013

At tonight’s City Council meeting the City Clerk, Pam Kearbey, announced that nominations were open for Mayor. Johnny Brannum and Susan McVey started speaking at the same time and Kearbey recognized McVey. She nominated current Mayor, Ed Degaris. Kearbey asked for a second and Lloyd Matthews seconded the nomination.

Kearbey then gave the floor back to Brannum who stated that the city had just made history by seating Angela Pearson and Betty Abshear which made three women serving on the City Council at the same time.

Brannum went on to state that the city should make history again, tonight, by honoring the 4-term City Council member, Robert Smith, and elect him to be the first African-American Mayor of our 140+ year-old city. Angela Pearson’s first action as a new council member was to second that nomination.

As soon as Pearson’s second was out of her mouth, Kearbey closed the nominations and immediately called a roll call vote for Ed Degaris requesting that each member vote yes or no.

What? There are two people nominated…you can’t do a roll call vote with two nominations that way.

DeGaris received “yes” votes from McVey, Matthews, Abshear and DeGaris and “No” votes from Brannum, Pearson and Smith.

But in an even stranger turn of events, Kearbey stated that four votes was enough, they didn’t even need to hold a vote for Robert Smith and declared Ed DeGaris as Mayor. I was stunned. They denied to even let anyone vote for him.

Contrary to what the DAR posted, DeGaris got 4 votes and Smith received 0 votes because his name was never called for the election.

The city abides by Roberts Rules of Order which clearly states in the Elections section:

Nominations and Elections

Before proceeding to an election to fill an office it is customary to nominate one or more candidates. This nomination is not necessary when the election is by ballot or roll call, as each member may vote for any eligible person whether nominated or not. When the vote is “viva voce” or by rising, the nomination is like a motion to fill a blank, the different names being repeated by the chair as they are made, and then the vote is taken on each in the order in which they were nominated, until one is elected.
[source: www.RobertsRules.org]

My guess is that Kearbey and City Attorney Wallace Duncan got confused by the rules of a “Voice Vote” which is when the council is asked “All in favor of … for mayor say ‘Aye’?” In that type of vote, it is allowed to vote in order of nomination and when a majority of the quorum is reached the election is over, but certainly not in a roll call vote. But this is Poplar Bluff where we stack the deck and make sure that only the guy we want to be mayor gets to be voted on. Now I understand why Kearbey awarded the nominations “floor” to McVey before Brannum, that was purposeful so they could slam home their guy.

Not wanting to get thrown out of another city council meeting I remained in my seat (and quiet), but in my opinion Robert Smith was railroaded and denied the opportunity to be voted for as the first African-American mayor of the city of Poplar Bluff.

ADDED on 4/18/2013:

In Poplar Bluff, the mayor is a non-power position and is basically an ambassador for Poplar Bluff. His role include signing ordinances, running the council meeting, and attending local gatherings. The mayor has no veto power and his vote has the same weight as any other council member. The roll is strictly honorary and anyone able to run a campaign and get elected has the capabilities to be mayor of our city.

This is the first year Brannum could make this nomination because last year was his first year on council and its not likely that immediately after  being sworn in you nominate someone for mayor.

The fact that Smith has never been mayor rests squarely on the shoulders of Absheer, Matthews, and McVey who have been on council a combined 50+ years. They know that this is Robert Smith’s last year before his next election and that no one is guaranteed a win in the future. They also know that anyone who wants to be mayor and has been on city council for 12 years should be a shoe-in.

Councilman Smith and I have rarely seen eye to eye but he has served this city now for 12 years and to be treated like this is unthinkable. I have been told by several previous city council members that Mr. Smith has been promised the mayor position several times over the years but when the election comes he is passed over and told maybe next year.

Now, Smith finally gets nominated for this honor and they don’t even call his name for a vote. This is like a one-ton polka-dotted elephant in the room, but I’m going to ask the question which is on everyone’s mind: Is this because he’s black?

Not only should they have allowed Councilman Smith to be voted for properly, I am shocked and perplexed what reasons the council members could have for not unanimously voting for Robert Smith as Mayor of Poplar Bluff.

Furthermore, since this was not a properly conducted City Council election, maybe they should do it again…the right way!

  1. Faithful Reader

    Mr. Becker

    Communication (even in the media) is always two ways; how it is presented and how it is received. Yours is received as Rosie states, and that may not have been your intention.

    You quote the council to say, “Brannum went on to state that the city should make history again, tonight, by honoring the 4-term City Council member, Robert Smith, and elect him to be the first African-American Mayor of our 140+ year-old city.”

    Then you close by saying, “but I’m going to ask the question which is on everyone’s mind: Is this because he’s black?”

    “Not only should they have allowed Councilman Smith to be voted for properly, I am shocked and perplexed what reasons the council members could have for not unanimously voting for Robert Smith as Mayor of Poplar Bluff.”

    So you do leave the impressions on the reader that: 1. Brannum felt he should be “honored” as mayor because he is black and would make history, 2. he wasn’t elected because he is black (imposing your personal opinion) 2. he should be elected because he was black (your opinion that no one has reason “not” to vote for him).

    I personally don’t know you or the City Council members or anyone involved, but I do read media posts regular and felt compelled to respond to this one.

    Have a great day!

    1. Brian Becker

      Dear Faithful, I just added a paragraph which I hope helps the reader to understand a bit more background to the story. To cover your three points,

      1. You said: Brannum felt he should be “honored” as mayor because he is black and would make history

          I reported how that event took place. There were only two people who wanted to be mayor this year and both were nominated. DeGaris is now starting his fifth year on city council, and has already been mayor one year. Smith is starting his twelfth year and never been mayor.
      2. he wasn’t elected because he is black (imposing your personal opinion)
          it’s an obvious question and needs to be asked. Smith has twice the tenure on council as DeGaris…if he wants to be mayor it should be his since DeGaris was mayor last year
      3. he should be elected because he was black (your opinion that no one has reason “not” to vote for him)
          I’ve already said this twice but will again. He should be voted in as mayor because of his twelve years of service, the racial issue is the ONLY reason I can think of as to “why” he wasn’t given that chance.

      Like anyone, Smith would take a few meetings to feel comfortable with running the meetings and not be nervous but he would do just fine.

      I do think that a man on City Council for twelve years without being nominated or elected as mayor should be given the mayor-ship several times over that run. I think the question needs to be asked, WHY?

      And, finally, even if it is an anti-Brannum/Pearson reason to keep Smith from being mayor…Council has made their bed by denying Smith for eleven years already. To not let him be mayor now for ANY reason amplifies why they have not allowed him in years past.

  2. Ruthie Carter

    I’m usually 100% behind you, Brian, and I really want you moving back to town so you can run for city council. But this time I’m only behind you 95%. Yes, it’s probably time for Mr. Smith to be mayor, but NOT for the reason Johnny stated. NO ONE should be voted anything because of the color of his/her skin – either black, white or green and purple polka-dotted. So, no, Mr. Smith should not be mayor just to make history. He should be mayor ONLY if he is the best person for the job. I do think that he should have been voted on since he was nominated. Pam blew it. Also, from the way the votes were stacked, it looks to be a very interesting year coming up, with the Old Guard being pitted against the Brash Newcomers. Keep us posted…Fun times they are a’comin’ I do believe!!!

    1. Brian Becker

      Thanks for your comment, Rosie. I will go back and reread my article and see what caused you to think I or Johnny meant he should get it because he’s black. The point of the article is that any person who has been on council for 12 years should have been mayor at least one time and probably two. Robert Smith, in my opinion, has been passed over BECAUSE he is black. I don’t see how someone could be the “best” selection because the mayor is an honorary title. Unlike the communities surrounding PB, the mayor here only runs the meetings, he shows up to present City awards to honorees, he signs documents. That’s all the mayor does. He has no actual city power.

  3. Brenda Hayes

    I have serious issues with Semo.net and its editor. I was a city employee under the boy mayor. It is very hard for me to believe anything that is produced by Semo.net or anyone that has a vendetta against the City. Poplar bluff is a lot of things, but a racist council? No! Wally Duncan Is a good man and Betty Absheer would not be involved with a racist agenda. This is all about sour grapes from someone who lost their war against the city. You know who you are

    1. Brian Becker

      You are blending semo.net with SemoTimes.com and Brian Becker with Scott Faughn. That’s ok, but we are unrelated.The editor of semo.net was never the mayor, but we are at war with the city…and haven’t lost.

  4. No Spam

    They mayor IS one of the city council members, so it’s not entirely ceremonial, he/she still represents a ward.

  5. Liz

    I thought we the ppl of Poplar Bluff were to vote for a mayor. If not then the rules need to be changed, we are not a monarchy here.

    1. Brian Becker

      In Poplar Bluff, our form of third-class city government is a “strong city manager” and our mayor is really only a ceremonial position. The mayor does not have any special powers, can’t break ties, can’t veto anything, etc.