SMUN I C I PASLALGU«ARKEAANGuidebook forMunicipal Officials ofMayor/Council CitiesRevised June 2015E«ESACITTS TATEGREATIRMAKE A GE
Table of ContentsIntroduction. 3Disclaimer. 3Chapter IAn Overview of Arkansas Municipal Government. 5Incorporation. 5The Duties of the Mayor.6The Duties of the Mayor in the Mayor-Council Form of Government. 6Legislative Duties of the Mayor.6Administrative Duties of the Mayor.7The Mayor’s Duties of Appointment, Nomination and Removal. 7Duties of the Aldermen/Council Members.7Mayor/Council Diagram.8Chapter IICity Council Rules of Procedure and Different Types of Meetings.9Procedural Rules. 9Different Types of Meetings.9Proper Ways to Pass Ordinances and Resolutions. 10Resolutions. 10Ordinances. 10Chapter IVPersonnel. 11Personnel Administration. 11Establishing Personnel Policies. 11The Employee Handbook. 12Unions or Professional Associations. 12Chapter VBudgeting and Finances. 13City Budgets. 131
Major Revenue Sources Available. 13Other Income (Miscellaneous Revenues). 14Purchasing and Bidding. 14Professional Services. 15Chapter VIThe Freedom of Information Act. 16Public Records.16Open Meetings.16Executive Session. 17Chapter VIIFunctions of the Arkansas Municipal League. 18Purpose. 18Organization. 18League Activities. 18League Services. 18Publications. 19Group Benefits Programs. 20Conclusion. 202
IntroductionAs local government becomes increasingly complex, local officials must understand the duties and responsibilities of their offices. The purpose of this booklet is to assist newly-elected city officials in learning theirstatutory duties and responsibilities in order to become effective city leaders. This booklet also points outthe differences in the functions of the various municipal offices.Arkansas statutes are laws passed by the Arkansas General Assembly (the State Legislature) and arecodified into the Arkansas Code Annotated of 1987 as amended. The Arkansas Municipal League haspublished a Handbook for Arkansas Municipal Officials, which contains most of the laws affecting municipal government in Arkansas. This Handbook has the same numbering system as the Arkansas CodeAnnotated (abbreviated as Ark. Code Ann. or ACA) but does not contain all of the statutes found in theArkansas Code (which occupies an entire bookshelf!) The Arkansas Municipal League also publishes abook, General Acts Affecting Arkansas Municipalities, after each regular session of the General Assembly.The Arkansas Municipal League recommends that you, as a municipal official, ask your city attorneywhen you have legal questions or need assistance with legal issues. As always, the League staff remainsavailable to assist you.DisclaimerThe information contained in this book is not intended as legal advice for any specific case. Readers areresponsible for consulting with legal counsel when questions arise concerning the application of the law toa particular set of facts. This book is intended solely for educational and informational purposes.3
Chapter IAn Overview of Arkansas Municipal GovernmentArkansas municipalities are creatures of the state. Prior to 2011, cities had only t h e powers grantedto them by the Arkansas Constitution and statutes passed by the Arkansas General Assembly. This isknown as Dillon’s Rule and, according to the Arkansas Supreme Court, it means:“a municipal corporation possesses and can exercise the following powers and noothers: First, those granted in express words; second, those necessarily or fairlyimplied in or incident to the powers expressly granted; third, those essential tothe accomplishment of the declared objects and purposes of the corporation—notsimply convenient, but indispensable.”(Tompos v. City of Fayetteville, 280 Ark. 435, 438, 658 S.W.2d 404, 406 (1983)).The legislature expanded this rule to a certain extent for some cities. “Home Rule” statutes gavethe power to first-class cities and certain cities operating under a charter the power to exercise all powersrelating to municipal affairs so long as they did not conflict with state law. In 1875, the legislature enactedACA § 14-55-102, which gave broad authority to municipalities by granting cities and towns the powerto pass ordinances. Although § 14-55-102 could be interpreted as repealing “Dillon’s Rule,” the ArkansasSupreme Court continued to apply Dillon’s Rule long after the enactment of that statute in 1875, upholdingordinances under that section if they were legitimately aimed at protecting public health and safety.However, Act 1187 of 2011 repealed Dillon’s Rule and extended certain powers granted to cities of thefirst class to all municipalities. ACA § 14-43-602 states that the rule of decision known as Dillon’s Ruleis inapplicable to the municipal affairs of municipalities. It gives a municipality the authority to “performany function and exercise full legislative power in any and all matters of whatsoever nature pertaining toits municipal affairs including, but not limited to, the power to tax.” ACA § 14-43-601 defines “municipalaffairs” as “all matters and affairs of government germane to, affecting, or concerning the municipality orits government except state affairs subject to the general laws of the State of Arkansas,” which are listedin §14-43-601(a)(1). A municipality may legislate upon the state affairs described in subdivision (a)(1) of§ 14-43-601 if not in conflict with state law.IncorporationAn Arkansas community may incorporate by a written petition that describes the geographic area seekingto incorporate and identifying the persons authorized to act on behalf of the petitioners. The petition mustbe signed by at least 200 or a majority of the qualified electors, whichever is greater, and presented to thecounty court (county judge). The county court shall set a date for a hearing and, after the hearing, the courtwill either approve or reject the incorporation. If approved, the incorporation is filed with the Secretaryof State and notice of election of officers for the newly-incorporated municipality is posted. New cities ortowns cannot incorporate if they are within five (5) miles of the boundaries of another incorporated cityor town unless the governing body of that city or town has “by written resolution affirmatively consented tosaid incorporation.” In addition, certain real estate developments are exempt from the five-mile limitationrequirement. (ACA § 14-38-101).Arkansas law also allows for an election procedure as an alternative for the incorporation of new municipalities having a population of at least 4,000 (ACA § 14-38-115). Once a city or town has becomeincorporated, it may annex additional territory as described in Municipal Annexation, Incorporation andBoundary Changes (2015), published by the Arkansas Municipal League.5
Administrative Duties of the Mayor Mayors of cities and towns with the mayor/council form of government are required to prepareand submit a budget to the city council for approval on or before December 1 of each year (SeeChapter V). All mayors of cities of the first class must submit to the city council within the first 90 days of eachyear a complete report on the financial and administrative activities of the city. This is commonlyreferred to as the State of the City Report. (ACA § 14-58-302). The mayor shall also “keep the governing body advised as to the financial condition andfuture needs of the city and make such recommendations as to him or her may be desirable.”(ACA § 14-58-302). The mayor oversees the day-to-day activities of the city and supervises department heads. The Mayor’s Duties of Appointment, Nomination and RemovalMayors in cities or towns with the mayor/council form of government have the power to appoint andremove all department heads, including police and fire chiefs, unless the city or town council votes tooverride the mayor’s action by a two-thirds majority of all council members. In cities with a civil servicecommission, the council may, by ordinance, delegate the authority to appoint and remove the police or firechief to the city’s civil service commission. The mayor may not appoint or remove department heads thatare not under the control of the governing body of the city (ACA § 14-42-110).Mayors may also appoint or nominate: A building official (ACA § 14-56-202(b)). A board of library trustees (with city council approval) (ACA § 13-2-502). A director of a department of public safety (ACA § 14-42-421). A health officer, when the position has been created by ordinance (ACA § 14-262-103). An airport commission (with council approval) (ACA § 14-359-105). A parks and recreation commission (ACA § 14-269-202 [with council confirmation] and14-269-302 [with council confirmation]). A marshal in some second class cities (ACA § 14-44-111). An at-large member of an Advertising and Promotion Commission (with council approval)(ACA § 26-75-605).Duties of the Aldermen/Council MembersMayor/Council Form of GovernmentCity council members are officers and officials of their city. The city council: Enacts ordinances and bylaws concerning municipal affairs that are consistent with state law inorder to promote the health, safety and welfare of the public, (ACA §§ 14-55-102; 14-43-602). Has the management and control of the city finances and all real and personal property belonging to the city (ACA § 14-43-502). Adopts a budget by ordinance or resolution for operation of the city or town by February 1 ofeach year. (ACA § 14-58-202). Sets the procedures by ordinance for making purchases that do not exceed the sum of 20,000in cities of the first class, except as provided in ACA § 14-58-104. Councils in second class citiesand in towns may set procedures for making purchases, except as provided in section 14-58-104.(ACA § 14-58-303(b)). Sets the time and place for regular city council meetings (ACA § 14-43-501). All meetings shouldbe open to the public in accord with the state Freedom of Information Act (ACA § 25-19-106). May override the mayor’s appointment and removal of department heads by a two-thirds vote ofthe total membership (ACA § 14-42-110).7
May override the mayor’s veto by a two-thirds vote (ACA § 14-43-504; § 14-44-107; § 14-45-105). Calls for a special election in cities of the first class to fill the vacancy of the unexpired mayor’sterm of office, if the unexpired term is for more than one (1) year. (ACA § 14-43-401(b)). May fill, by appointment in cities of the first class, the vacancy to the office of mayor if the expiredterm is less than one (1) year (ACA § 14-43-401(b)(1)). In a city of the second class or an incorporated town the city council shall fill a vacancy in themayor’s office for the unexpired term by either a majority vote of the aldermen or a special election (ACA § 14-44-106); (ACA § 14-45-103). Sets the salaries of the mayor, council and other municipal officials. Salaries of officials maybe increased, but not decreased, during the term of office, except that the official receiving thesalary may request a decrease. (ACA § 14-42-113). Either establishes a city fire department or, by ordinance, enters into a contract or interlocal agreement for city fire protection with an existing fire department certified by the Arkansas Fire Protection Services Board. The council may promulgate rules to govern a city fire department. (ACA §14-53-101). Establishes a city police department and organizes it under the general superintendence of themayor. (ACA § 14-52-101). Directs by ordinance the number of subordinate number of officers tobe appointed. (ACA § 14-52-201). Sets the rates for city utilities and establishes fees for city services. Enacts ordinances establishing sales taxes and referring same to the voters. Takes actions leading to annexation of territory to the city. Establishes and certifies to the county clerk the amount of property taxes to be levied withinthe city or town prior to the regular meeting of the quorum court in November of each year.(ACA § 26-73-202; 14-14-904). May establish (and abolish) various commissions to manage and operate such services as parks,utilities, an airport, advertising and promotion, planning and others, as provided by state law.Mayor/Council ntHeads8CouncilCity Attorney
Chapter IICity Council Rules of Procedure and Different Types of MeetingsProcedural RulesEach Arkansas city and town is unique. Your municipality and the residents you represent are no exception. The council rules of procedure should be agreed to and officially adopted by the majority of thecouncil members. Rules of procedure are guides to the generally-accepted way that things get done. Topicsthat are usually covered in procedural rules include: Meetings: the usual date, time and place for regularly scheduled meetings. Setting the procedurefor calling a special meeting must be done by ordinance. Order of Business: the usual format to be followed, including who is responsible for preparingthe agenda according to that format, and special provisions for agenda items such as developing aconsent agenda. General Meeting Procedures: time limits for debate, if any, and who may speak at what point. Public Hearings: procedure and time limits. New Business: a process for allowing new items to be added to the agenda. Exceptions: specific provisions for when and how the rules can be suspended. Parliamentary Process: rules of debate governing motions, the order of issues to be discussed,and other elements that control discussion at meetings. The Procedural Rules for Municipal Officials (2014) booklet is used by many Arkansas cities. Copies of Procedural Rules are available bycalling the Arkansas Municipal League at 501-374-3484. You may also download it online s-for-free.Rules of procedure and public debate are designed to facilitate the transaction of public business in anorderly way. At first it may not seem orderly to you. It is not unusual for newly-elected council membersto take up to six (6) months before they feel comfortable with the procedures. Do not be intimidated aboutasking questions if you are not sure about the consequences of your vote. For example, you may want toask, “If I vote ‘no’ on the amendment, what happens to the main motion?” That is a reasonable request forinformation.Different Types of MeetingsNewly elected officials should quickly learn that there are five (5) kinds of meetings. Regular Council Meetings: These meetings handle general and routine business. Special Meetings: Business that cannot be postponed, or issues that affect a limited number ofcitizens, are dealt with at a specially-scheduled meeting. These meetings usually have a morelimited agenda than regular meetings but, like regular meetings, they are open to the public. It isimportant that the time and place of meetings of this sort are announced to the media as requiredby the Freedom of Information Act. Media that have requested notice must be given at least twohours advance notification (ACA § 25-19-106(b)). Public Hearings: Hearings are a forum for residents to express opinions and for council membersto explain their positions to the public. Hearings are most effective when they target only one itemper hearing, for example, the budget or a re-zoning request. “Work Session”: An informal meeting, generally called for the purpose of conducting anin-depth study on a limited number of topics. Work session meetings encourage exploration of subjects in more detail than is possible in regular meetings because of the time constraints and the pressure of other business that occur in regular council session. These sessionsmust be open to the public.Each of these types of meetings offers a way to achieve certain goals. A correct choice of meeting typewill enable your city government to do its job effectively.9
Chapter IIIProper Ways to Pass Ordinances and ResolutionsA city or town council can take official action in two ways: it can pass a resolution or an ordinance. Bothactions play important roles in their own way and they share certain similarities. However, there aredistinctions between the two and knowing the differences is important.ResolutionsA resolution is an expression of the will of the council. Resolutions are used to state the council’s opinionon various matters — for example, supporting or opposing legislation pending at the State Capitol. Resolutions usually affect items of a temporary or administrative nature, such as entering into contracts, approving large purchases or entering into agreements with other governmental units. A resolution is the officialexpression of the council and may be adopted by the council at one reading, as long as it is not general orpermanent in nature. (See ACA § 14-55-202).OrdinancesAn ordinance is a local law that usually regulates persons or property and usually relates to a matter of ageneral or permanent nature. An ordinance is more formal and authoritative than a resolution. Therefore,we recommend your city attorney approve the structure and content of all proposed city ordinances. Anordinance should not conflict with federal or state law. It should also be in harmony with applicable courtdecisions. There are six (6) rules to remember about passing an ordinance.1. Ordinances must be reasonable.2. They must not be oppressive.3. They must not be discriminating or partial.4. They must not unduly restrain lawful trade.5. They must not violate civil rights.6. They must not be ambiguous.The passage of an ordinance typically involves three (3) steps. The first step is the introduction ofthe proposed ordinance at a council meeting. The second step is to allow for the city clerk’s, recorder’s orattorney’s reading of the ordinance; this is followed by allowing the person(s) proposing the ordinancethe opportunity to explain its provisions. Third, the council debates the ordinance and either defeats,postpones, refers it to a committee for study or approves it. If approved by a majority vote of the council, itis then signed by the mayor and attested to by the city clerk. (ACA § 14-55-201 et seq.)Remember that all ordinances of a general or permanent nature must be read fully and distinctlyon three different days, unless two-thirds of the members of the council shall suspend the rule (ACA §14-55-202). If an ordinance is passed with a valid emergency clause, it will take effect immediately. Pleasenote, however, that an emergency clause requires a separate and distinct vote of the council and requires atwo-thirds vote of approval by the council. The mayor may not vote on the emergency clause. (Ark. Const.art. 5 § 1).Without the adoption of the emergency clause, municipal ordinances generally become effective 30 to90 days after their passage, depending on the city ordinance establishing the deadline to file a referendum on an ordinance. (ACA § 14-55-203). All ordinances of a general or permanent nature and all thoseimposing any fine, penalty or forfeiture must be published in a newspaper of general circulation in thosemunicipalities where a newspaper is published. However, the law provides that in municipalities where nonewspaper is published, written or printed notice posted in five (5) of the most public places (designatedby ordinance or minutes) shall be sufficient publication of any law or ordinance (ACA § 14-55-206).Additional and more detailed information about resolutions and ordinances may be obtained from theHandbook, Title 14, Chapter 55, Subchapters 1-7.10
Chapter IVPersonnelPersonnel issues continue to have a growing significance in municipal government. Newly- electedofficials would be wise to go slow in their direct involvement into personnel matters. Human resourcelaw affecting municipal government is heavily litigated and rapidly changing. Many lawsuits defended bythe Municipal Legal Defense Program involve the discipline or discharge of city employees. The adviceof your city attorney and Human Resources professional should always be solicited when dealing withpersonnel matters. (See the League’s Sample Personnel Handbook for Arkansas Cities and Towns (January2014) and Understanding Municipal Personnel Law and Suggestions for Avoiding Lawsuits.)Personnel AdministrationMany Arkansas cities have neither a large-enough workforce nor the financial resources to justify having afull-time personnel director. The common procedure is to assign personnel operations to one person—themayor, city recorder or city clerk, who wears several other hats as well. Nevertheless, this manual recommends that your city employ an individual or train a current employee to be thoroughly familiar with allaspects of personnel administration.Regardless of the organizational structure a city uses, two (2) common-sense principles apply:1. The city council must decide the scope of personnel activities that will be conducted as part of thecity’s ongoing operations. Then all personnel-related tasks must be assigned to specific personswithin the city organization.2. All of the city’s personnel policies and procedures should be clearly spelled out in writing in easilyunderstood language and distributed or made readily available to all employees.Establishing Personnel PoliciesAll policy matters are decided by the city council, which enacts ordinances setting up the personnelsystem and establishing recruitment standards, pay scales, conditions of employment, and other items. Thecouncil also approves the rules by which personnel ordinances are implemented and the procedures forhandling administrative matters. Additionally, the council’s budgetary powers give it continuing controlover the number of employees and the general scope of their duties.The city’s personnel policies and practices must conform to federal and state laws. These policies andprocedures must be practicable, which means they need to be carefully considered prior to their adoption.Any policy or procedure that fails to accomplish its intended purpose in a simple, direct fashion willmultiply, rather than reduce, the city’s operating problems.Assistance in drafting the city’s personnel policies and procedural rules should be obtained from anattorney or other specialist skilled in employee relations and from the person to whom the council hasassigned the responsibility for implementing the policies.Upon completion of the drafting process, the proposed policies and rules are presented to the citycouncil for consideration, possible amendments and final approval. Upon enactment, the policies andrules become binding on both the city and its employees.11
The Employee HandbookAll personnel-related ordinances and regulations should be compiled into a single document, an employeehandbook, for distribution to members of the city council and the entire municipal workforce. Eachemployee should be required to sign a form acknowledging that he or she received the handbook. Cityemployees should follow the handbook and the city council-approved rules and regulations of theirindividual departments. Administrative rules need not be made a part of the handbook.In addition to a personnel policy handbook, all municipalities should have written job descriptions forall employees. A written description is evidence of the essential functions and responsibilities of each job.Job descriptions should be reviewed and updated periodically to ensure that all duties and responsibilitiesof the position are reflected in the job description. (For assistance in drafting an employee handbook seeModel Personnel File Folder, Sample Personnel Handbook for Arkansas Cities and Towns and UnderstandingMunicipal Personnel Law and Suggestions for Avoiding Lawsuits.)Unions or Professional AssociationsUpon receipt of a written request and signed by a full-time municipal employee who is represented by aunion or professional association, the municipality shall withhold membership dues of the union or professional association from the salary of the employee. The municipality shall transmit all dues that are withheldunder this section to the union or professional association representing the employee within five (5) daysof the end of the pay period. This withholding shall be discontinued only upon receipt of a written notice ofcancellation signed by the employee. (ACA § 14-58-103).12
The information contained in this book is not intended as legal advice for any specific case. Readers are responsible for consulting with legal counsel when questions arise concerning the application of the law to a particular set of facts. This book is in
