Matsukis Lead Plaintiff in Possible Suit against Mayor

Alderwoman-elect Pat Matsukis is the lead plaintiff in a lawsuit that will be filed this Tuesday, April 1, 2008, if Eureka Springs Mayor Dani Joy cannot come to an agreement with plaintiffs on seating Matsukis on Council. Matsukis was elected by members of Council to replace Charlotte Buchanan, who had resigned. Joy vetoed her election.

Matsukis and four others are being represented by attorney Charles Kester of Fayetteville. In addition to Matsukis, plaintiffs are Ernst Schrader, right, Kathy Harrison, Rae Hahn and Eric Scheunemann.

Schrader lives in Ward 2, the ward Matsukis was elected to represent. Harrison, Hahn and Scheunemann are the Council members who voted for, and so elected, Matsukis to Council.

Joy’s Veto

Joy had said in a prepared statement that the reason for her veto was “that the appointment of Ms. Matsukis does not represent the will of the majority of the city and would further serve to divide an already fragile political atmosphere.”

The veto made it clear that Joy was not objecting on legal grounds to Matsukis’ election. Matsukis was properly elected to Council by a majority of Council, as state law requires.

Joy and her supporters maintain only that the Mayor has the right to veto, and she has vetoed Matsukis’ election.

No one at this point in time has challenged the Council vote or the election of Matsukis on legal grounds.

Legal Opinions on the Veto

The Municipal League’s David Schoen, without thorough review, supported an opinion written by an attorney in the Attorney General’s office, saying Joy had the right to veto, according to emails we received from Schoen and the Mayor’s office under FOIA. City Attorney Tim Weaver has also supported the Mayor’s authority to veto.

In spite of Schoen’s statement the Municipal League itself is on record as saying a mayor’s right to veto is uncertain.

And a finding in a non-binding court case (non-binding because it was not decided in this district) says that a Mayor cannot veto the election of a Council member in a situation like this, according to Municipal League commentary.

What is Asked

Plaintiffs have asked the court for a temporary restraining order (TRO) and a preliminary injunction requiring the Mayor and “… persons in active concert or participation to recognize and admit Matsukis to the office of alderman….”

A preliminary injunction requires that plaintiffs show that irreparable harm would occur were the injunction not to be granted; and that plaintiffs are likely to succeed on the merits of the case.

If granted, an injunction would require that Joy no longer stand in the way of Matsukis being seated until a trial could be held.