Negotiations continue between the city of Blytheville and Mississippi County over the jail fees issue.
The county has filed a suit against the city, claiming Blytheville owes more than $400,000 in jail fees.
Speaking to the Blytheville Rotary Club Thursday, Carney blamed the city's attorneys from the Municipal League for what he called stall tactics.
"We have 17 incorporated cities in our county; 16 of them are in good shape, they pay their bills," Carney said. "The city of Blytheville hasn't. I'm not blaming your mayor, I'm not even blaming your city council. I'm going to blame their attorney. They have a Municipal League attorney, which I think that is the only thing the city did wrong. They should have never gotten them involved. I personally think they got some horrible, horrible legal advice."
Carney said he knew four years ago that the city's moves were what he called stall tactics and, at the 11th hour, that Blytheville would try to work something out.
According to the county judge, that is happening now.
"Our attorney called me last week and said, 'I think we've got it worked out,'" Carney said. "He said, 'We've already called the sheriff and he's OK with it. I just need to run it by you; all we need is your blessing.' He said the city kind of agreed that they might be in the wrong, which I've been telling them that for four years."
Carney told Rotarians that the city has offered to put down $100,000 and make payments, but he and the Quorum Court wouldn't agree to that.
Carney countered with a $250,000 down payment, payments for arrears and the city of Blytheville must stay current.
"If they don't accept my terms, we're going to court and we're going to win," Carney said. "Most of you will remember, there was the same lawsuit 10 years ago. Judge Laser ruled in our favor. The laws haven't changed; nothing else has changed. The Municipal League lawyer has tried to get other cities in the state to join them in lawsuits and couldn't find a single city anywhere. So we're in the right. But honestly, they've received some poor legal advice. It's really going to jam up the city of Blytheville. We as a county have bent over backward to try to get this thing resolved for four years, but exactly what I said would happen four years ago is exactly what has happened. It has put the county in such a financial stress that -- you want to be a Christian about it, but at the same time it just makes you mad, especially when you know you're in the right! And they know that you know that you're in the right. Anyway, it will get resolved and we'll get past it."
Municipal League attorney Michael Mosley said there is no agreement and he denied that the city has admitted it was wrong.
"I've spoken with their attorney and there's a possible proposal," Mosley said. "I've filed a motion for summary judgment on behalf of the city months ago to which the county has never responded. I absolutely deny we or I have ever said we were in the wrong. I haven't asked any other city not already in the case to get involved. I suggest the case be litigated in court not in the news."
One of the sticking points is the definition of "municipal prisoner."
The county contends a municipal prisoner is one charged with any misdemeanor, while the city hopes the court defines the term as one jailed for violating a local ordinance.
In the past, the court has sided with the county.
In 2004, Judge David Laser's order said: "Prisoners of municipalities shall include persons housed in the county jail by virtue of a pending misdemeanor charge that is pending on a city docket or a municipal docket of any court, whereby the fine revenue that would be owed by the prisoner, if convicted, would be paid to the city or the municipality and not to the county."
However, the city is hanging its hat on a section in Arkansas Code 12-41-506 that reads: "When a person is sentenced to a county jail for violating a municipal ordinance, the municipality shall be responsible for paying the fee established by an agreement or ordinance of the quorum court in the county."
The city and county last had a jail fees agreement in 2011-12.
"After the mayor (James Sanders) came into office, the IRS thing came up; I understand all that, but he and I had already made an agreement," Carney said. "You owe the money, you need to pay it. At that point, I was willing to accept payments. I was very flexible because I just wanted my money because the county needs it."
After getting behind on jail fees, the city did end up paying the arrears obligated by the agreement.
mbrasfield@blythevillecourier.com