Why Vote NO on Jail Funding?

Editor,

Everyone knows Washington County needs a new jail. They know the City is being sued over the proposed location of the new jail. And they also know on Nov. 4th they will have to vote yes or no to raise sales tax and property taxes to pay for the new jail. All the while, the City Council and City Attorney pretend they have no idea what's going on. Confusion abounds. Who is doing what to whom and why? I want to try and shed some light on exactly what is happening.

The law suit petition, which is public information, can be found on several web sites so if I can find it, so can you. Google is our friend!

Several months ago, Washington County asked the City to re-zone 5.4 acres at Oak and Adams to build a new jail. Fifty-one percent of the property owners within a 300 foot radius signed a petition protesting a jail in their neighborhood. At the zoning hearing, the MAPC denied the County's request for rezoning. Washington County appealed the MAPC decision to the City Council on August 18th. The City Council denied the appeal by a 3 to 2 vote. One week later, on August 25th, the City Council reversed their vote and approved the County’s re-zoning request. Council member Vic Holcomb changed his vote under pressure from people in his ward. Just before he voted, Vic asked City Attorney Jerry Maddux if what they were about to do was legal. Mr. Maddux said that under "general law and Robert's Rules of Order" they can re-vote until they came to a "final, final" decision. Shorty thereafter, folks in the immediate neighborhood formed Neighbors for Justice, found legal representation and sued the City of Bartlesville asking for a permanent injunction against building the new jail at Oak and Adams.

Here's why the City is being sued. Our City Charter says any ordinance, other than an emergency, goes into affect "the day following publication" in the local newspaper. (Oklahoma Statute Title 11, 1-102(8)(a) also references this.) On August 19th, the day after the City Council's vote to deny Washington County's re-zoning request, the Examiner-Enterprise reported on the denial in its daily edition. Oklahoma Supreme Court decisions and State zoning decisions make it clear zoning laws have the same weight as an "ordinance." This makes the August 18th vote the elusive "final, final" decision Mr. Maddux was looking for.

The City also violated Bartlesville Municipal Code when they re-voted August 25th because a denied re-zoning request can not be brought back for reconsideration for one year after it is denied.

Not only did the illegal revote of August 25th violate the "wait one year" rule but OK Title 11, sec 43-106 requires a "twenty (days) notice prior to the hearing by mailing written notice" to property owners within a 300 foot radius of the proposed rezoning area. Bartlesville Municipal Code Appendix A, sec 7.653 also requires a 20 day notice and public hearing. The City violated OK Title 11 and Municipal Code by failing to give written notice and hold a public hearing. You can't cram 20 days into one week no matter how hard you push.

Are you still with me? I'm almost done. Washington County presented a different development plan to the City Council than the one they originally presented to the MAPC. Once again the City violated their own Municipal Code which requires the final site plan be substantially the same as the preliminary site plan.
So what does all this mean? Did I mention I'm not a lawyer? But if I can read and understand this stuff, so can you.

What this all means is that the City Council re-voted just because they wanted to and thought no one would notice. Well, the neighborhood certainly noticed. They noticed that their right to due process had been denied "just because" Washington County and the City Council wanted to build a new jail where they thought it could be put without protest. I think a lawsuit can be considered a protest, don't you? If this were in your neighborhood, I doubt if you would say, sure, cool, build the new jail right across from my house.

Mr. Maddux stated that "general law and Robert's Rules of Order" gives the Council the authority to vote again until they reach a "final, final" vote. That seems ridiculous to me because the Council has never adopted Robert's Rules of Order as their governing authority. Besides, since when does Robert’s Rules or “general law” trump Oklahoma State laws, Bartlesville City Charter and Municipal Code? The City should be nervous, very nervous.

Nov. 4th we are being asked to approve a half cent sales tax increase AND a property tax increase to build a new county jail. But we have no idea where it will be built because of this lawsuit. Does this make sense to you?
Don’t let the County or the City or anyone else tell you that the State requires we build a new jail. Don Garrison, State Jail Inspector, stated at the League of Women Voters’ forum that no one has mandated that the county must build a new jail. “I don’t care … that you ever build a new jail, but you’ve got to correct (the) problems in the jail now,” he said. That can mean farming out prisoners or fixing the old jail – or building a new jail.

What can YOU do? Tell Washington County to find a location for the new jail at least 1/4 mile from any residential neighborhood BEFORE they ask you to vote on new taxes. Wait to find out what the real costs will be if the lawsuit is successful and the jail site is forced to move. As County Commissioner Mike Dunlap has so helpfully pointed out, the tax approval ballot will be "yellow" to distinguish it from the others. Vote NO on the yellow ballot!
George Henshaw
Bartlesville