reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 45 - GOVERNMENT OF INCORPORATED TOWNS (§§ 14-45-101 — 14-45-111) › Section 14-45-109 - Appointment of marshal and other officers

(a)
The council of any incorporated town shall have power to provide, by ordinance, for the election of a town marshal and such other subordinate officers as they may think necessary for the good government of the town.
(b)
In regard to the officers mentioned in subsection (a) of this section, the council shall have the power to:
(1)
Prescribe their duties and compensation or the fees they shall be entitled to receive for their services; and
(2)
Require of them an oath of office and bond with surety for the faithful discharge of their duty.
(c)
The period for the election of any officer shall be fixed at the time of the regular biennial election. No appointment of any officer shall endure beyond the period of the term of office of the council making the appointment and one (1) week after the qualification of the members of the succeeding council.
Acts 1875, No. 1, § 44, p. 1; C. & M. Dig., § 7675; Acts 1937, No. 259, § 4; Pope's Dig., § 9797; A.S.A. 1947, § 19-1202.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 45 - GOVERNMENT OF INCORPORATED TOWNS (§§ 14-45-101 — 14-45-111) › Section 14-45-110 - Residency of marshals

Incorporated towns shall have the authority to require their appointed marshals to reside within their corporate limits, and they shall have the authority to permit their appointed marshals to reside outside their corporate limits.
Acts 1979, No. 10, § 1; A.S.A. 1947, § 19-1103.4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 45 - GOVERNMENT OF INCORPORATED TOWNS (§§ 14-45-101 — 14-45-111) › Section 14-45-111 - Powers and duties of marshals

(a)
The town marshal of incorporated towns shall be the principal ministerial officer of the town. He or she shall have the same power that sheriffs have by law, and his or her jurisdiction shall be coextensive with the county for offenses committed within the limits of the town.
(b)
The town marshal shall execute the process of the mayor and collect the same fees for his or her services that sheriffs are allowed in similar cases.
(c)
It shall be the duty of the town marshal to:
(1)
Suppress all riots and disturbances and breaches of the peace;
(2)
Apprehend all disorderly persons in the town;
(3)
Pursue and arrest any person fleeing from justice in any part of the state; and
(4)
Apprehend any person in the act of committing any offense against the laws of the state or ordinances of the town and immediately bring the person before the mayor, or other competent authority, for examination or trial.
(d)
The town marshal shall have power to appoint one (1) or more deputies, for whose official acts he or she shall be responsible.
(e)
All persons or parties arrested by any officer of the state for violation of any town ordinance shall be turned over to the town marshal and shall be by him or her taken before the proper authorities for investigation.
Acts 1875, No. 1, § 46, p. 1; 1883, No. 106, § 2, p. 189; C. & M. Dig., § 7677; Pope's Dig., § 9799; A.S.A. 1947, § 19-1205.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-101 - Applicability generally

Any city within the State of Arkansas having a population of two thousand five hundred (2,500) or more, according to the latest federal census, may become organized under the provisions of this chapter by proceeding as provided in this chapter.
Acts 1921, No. 99, § 1; 1931, No. 226, § 1; Pope's Dig., § 10089; Acts 1957, No. 8, § 1; A.S.A. 1947, § 19-701.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-102 - Applicability of 1957 amendments

Acts 1957, No. 8, amending §§
14-47-101
-
14-47-103
,
14-47-105
,
14-47-106
-
14-47-111
,
14-47-114
-
14-47-121
,
14-47-123
-
14-47-127
,
14-47-131
,
14-47-133
,
14-47-134
, and
14-47-136
-
14-47-139
, shall be applicable to:
(1)
All cities of the first and second class hereafter electing to reorganize under this chapter, as heretofore amended and as amended in this legislation; and
(2)
All cities of the first and second class that have not yet consummated a reorganization into the management form of government but whose electors, prior to the enactment of this legislation, may have voted through an election held pursuant to §
14-47-106
to reorganize the city under this chapter.
Acts 1957, No. 8, § 22; A.S.A. 1947, § 19-732.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-103 - Savings provisions

(a)
When a city effects a change of government under this chapter, it shall remain subject to and controlled by all laws, except those inconsistent with this chapter, which on the effective date of the reorganization applied to or governed the city, including, without limiting the foregoing, laws relating to improvement districts or providing for the creation thereof.
(b)
All bylaws, ordinances, and resolutions lawfully passed and in force in any city under its former organization, and not in conflict with this chapter, shall remain in force until altered or repealed by the board of directors elected under the authority of this chapter.
(c)
The territorial limits of the city shall remain the same as under its former organization, and all rights and property of every description which were vested in the city under its former organization shall remain vested in it under the reorganization provided for in this chapter.
(d)
No existing right or liability either in favor of or against the city or any agency thereof, including, without limiting the foregoing, improvement districts and no suit or prosecution of any kind shall be affected by the change unless otherwise provided for in this chapter.
(e)
No valid pledge or mortgage of the revenues or property of the city, or of any agency or instrumentality thereof, or of any municipal improvement district, shall be impaired by the reorganization.
Acts 1921, No. 99, § 3; Pope's Dig., § 10091; Acts 1957, No. 8, § 3; A.S.A. 1947, § 19-703.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-104 - Penalties for election violations

(a)
Any person who shall perform any service in the interest of any candidate for any office provided in this chapter in consideration of any money, promise of employment, or other valuable thing or any candidate who shall pay or make promises to pay such consideration shall be guilty of a misdemeanor. Upon conviction by any court of competent jurisdiction, an offender shall be punished by a fine not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300) or by imprisonment in the county jail not exceeding thirty (30) days, or both.
(b)
Any person offering a bribe, either in money or other consideration, to any elector for the purpose of influencing his or her vote at any election provided in this chapter or any elector entitled to vote at any election receiving or accepting any bribe or other consideration, any person making a false answer relative to his or her qualification to vote at the election, any person voting or offering to vote at the election, knowing he or she is not entitled to vote at the election, and any person knowingly procuring, aiding, or abetting in violation of this section shall be deemed guilty of a misdemeanor. Upon conviction, an offender shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or be imprisoned in the county jail not less than ten (10) days nor more than ninety (90) days, or both.
Acts 1921, No. 99, §§ 6, 7; Pope's Dig., §§ 10094, 10095; A.S.A. 1947, §§ 19-706, 19-707.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-105 - Forms of government

(a)
The form of government created by an organization under this chapter is called the management form of city government.
(b)
The form of government of a municipality operating under the control of a municipal council, under either §
14-43-201
et seq. or §
14-44-101
et seq., is called the mayor-council form of government.
Amended by Act 2017, No. 878,§ 3, eff. 8/1/2017.
Acts 1921, No. 99, § 1; 1931, No. 226, § 1; Pope's Dig., § 10089; Acts 1957, No. 8, § 1; A.S.A. 1947, § 19-701.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-111 - Refusal of director to serve

(a)
A person who has been elected or appointed a director and neglects or refuses to qualify and serve as such is guilty of a violation and upon conviction shall be fined in any sum of not less than one hundred dollars ($100) nor more than three hundred dollars ($300).
(b)
However, the directors, for good cause shown, may permit a director to resign.
Amended by Act 2023, No. 203,§ 6, eff. 8/1/2023.
Acts 1921, No. 99, § 14; Pope's Dig., § 10102; Acts 1957, No. 8, § 8; 1983, No. 650, § 1; A.S.A. 1947, § 19-714.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-113 - Director vacancy

Whenever a vacancy shall occur by any reason in the office of a director, the board of directors shall elect a person by majority vote to fill the vacancy and serve for the unexpired term thereof.
Acts 1921, No. 99, § 13; Pope's Dig., § 10101; Acts 1967, No. 188, § 1; A.S.A. 1947, § 19-713.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-114 - Director not compensated - Per diem

(a)
The board of directors of any city with the city manager form of government may provide by ordinance for the compensation of board members.
(b)
Directors of a city having a population of at least four thousand (4,000) but not more than four thousand five hundred (4,500) and located in a county having a population of one hundred thousand (100,000) or more may receive a per diem to be fixed by ordinance of the board not to exceed one hundred dollars ($100) for attending designated meetings of the board. In no event shall any director receive per diem in excess of two hundred dollars ($200) for any one (1) month.
Acts 1921, No. 99, § 14; Pope's Dig., § 10102; Acts 1957, No. 8, § 8; 1983, No. 650, § 1; A.S.A. 1947, § 19-714; Acts 1987, No. 458, § 1; 1991, No. 1012, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-115 - Prohibition against director interest in contracts

(a)
(1)
A director of the city shall not be interested, directly or indirectly, in any contracts made with the city unless the board of directors of the city has enacted an ordinance specifically permitting a director to conduct business with the city and prescribing the extent of this authority.
(2)
The prohibition under subdivision (a)(1) of this section does not apply to contracts for the furnishing of supplies, equipment, or services to be performed for a municipality by a corporation in which no director holds any executive or managerial office, or by a corporation in which a controlling interest is held by stockholders who are not directors.
(b)
A director acting on any contract with the city in which he or she is interested or receiving any benefit in violation of this section is guilty of a violation and upon conviction shall be fined in any sum of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).
Amended by Act 2023, No. 203,§ 7, eff. 8/1/2023.
Acts 1921, No. 99, § 14; Pope's Dig., § 10102; Acts 1957, No. 8, § 8; 1983, No. 650, § 1; A.S.A. 1947, § 19-714.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-116 - Mayor

(a)
(1)
The board of directors shall organize by electing one (1) of their number as a chair to preside over the meetings of the board, the person so elected to have the title of "mayor".
(2)
(A)
Except as provided in subdivision (a)(2)(B) of this section, the mayor shall serve in this capacity for two (2) years from the date of his or her election as mayor unless his or her tenure of office as a director expires in less than two (2) years, in which event he or she will serve as mayor merely until the expiration of his or her tenure of office as director.
(B)
The board of directors of any city may provide by ordinance that the term of mayor in the city shall be one (1) year, in which event the mayors of the city selected thereafter shall be selected for and serve terms of one (1) year.
(3)
When the mayor's term expires, the board shall elect a successor mayor. However, the mayor shall not be prohibited from serving in this capacity for more than one (1) term.
(4)
The mayor shall receive no compensation for his or her duties in such capacity but shall be reimbursed for all actual expenses incurred by him or her in the discharge of his or her duties as mayor.
(b)
The mayor shall have the following powers:
(1)
He or she shall preside at all meetings of the board;
(2)
He or she shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for the purposes of military law;
(3)
He or she shall sign, on behalf of the city, all written agreements, contracts, bonds, mortgages, pledges, indentures, conveyances, and other written instruments, the execution of which has been approved by the board; and
(4)
He or she may vote on all matters coming before the board but shall have no veto power.
Acts 1921, No. 99, § 8; Pope's Dig., § 10096; Acts 1957, No. 8, § 6; 1985, No. 21, § 1; A.S.A. 1947, § 19-708.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-117 - Assistant mayor

(a)
(1)
The board shall also elect from its membership an assistant mayor who shall serve in such capacity for two (2) years or until his or her tenure of office as a director expires, whichever period may be shorter. Provided, however, that the board may prescribe at its option a method to rotate the assistant mayor among all or part of its membership for a term of not less than six (6) consecutive months.
(2)
The assistant mayor shall not be prohibited from serving in such a capacity for more than one (1) term.
(b)
(1)
The assistant mayor shall act as mayor during the absence or disability of the mayor.
(2)
(A)
If a vacancy in the office of mayor occurs, the assistant mayor shall perform the duties of mayor until a successor mayor is elected.
(B)
(i)
If the mayor shall be continuously absent or disabled for more than six (6) months, his or her office will automatically become vacant and a successor mayor shall be elected.
(ii)
(a)
A certificate of the city clerk or recorder, recorded in the record of the proceedings of the board, as to the absence or disability of the mayor or as to any vacancy in the office of mayor may be relied upon by all persons dealing with the municipality as conclusive evidence of the assistant mayor's authority to assume the powers of the mayor.
(b)
(1)
Where any such certificate is so recorded, upon the termination of the absence or disability of the mayor and the resumption by him or her of his or her official duties as such, the city clerk or recorder shall record in the records of the board a separate certificate attesting this fact.
(2)
This separate certificate shall show the date of the termination of absence or disability and resumption of duties.
(c)
[Repealed.]
Amended by Act 2019, No. 383,§ 8, eff. 7/24/2019.
Acts 1921, No. 99, § 8; Pope's Dig., § 10096; Acts 1957, No. 8, § 6; A.S.A. 1947, § 19-708; Acts 1997, No. 471, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-118 - Acting mayor

If both the mayor and assistant mayor should be absent or disabled from performing their duties, the board may designate by resolution one (1) of its members as acting mayor to serve during the absence or disability and no longer.
Acts 1921, No. 99, § 8; Pope's Dig., § 10096; Acts 1957, No. 8, § 6; A.S.A. 1947, § 19-708.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-119 - Employment of city manager

(a)
(1)
(A)
The initial board of directors, as promptly as possible after effecting its organization, shall employ a city manager.
(B)
However, in cities with the city manager form of government having a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census, the mayor may be authorized to employ a city manager. The mayor may be authorized by:
(i)
An ordinance of the initial board; or
(ii)
An initiated measure, adopted pursuant to Arkansas Constitution, Amendment 7, authorizing the mayor to employ a city manager. If the authority is vested by an initiated measure, the board shall not have the power to rescind the authority.
(2)
(A)
The city manager's employment shall be for an indefinite term.
(B)
Thereafter, subject only to such interruptions as are unavoidable, a city manager shall be maintained in the employ of the city.
(3)
The appointment and continued employment by the board or mayor of a city manager shall be mandatory.
(b)
(1)
It shall not be essential that the city manager, at the time of his or her employment, be a qualified elector of the city or of the State of Arkansas or a resident of the city or of the State of Arkansas.
(2)
However, the city manager shall be a person found by the board or mayor to have special qualifications in respect to the management of municipal affairs.
(3)
During his or her employment, the city manager shall reside in the city and devote his or her full time to the business of the city.
(4)
Notwithstanding the provisions of subdivision (b)(3) of this section regarding the residency requirements for city managers, the city manager of a city with a city manager form of government and with a population of fewer than six thousand (6,000) persons, upon approval of a majority of the board, may reside outside the city during his or her employment as city manager.
(c)
A member of the board may not be appointed city manager nor acting city manager during the term for which he or she shall have been elected nor within three (3) years following the expiration of the member's term of office as director or mayor.
(d)
The city manager shall receive a salary in such amount as may be fixed by the board.
(e)
The board, on the vote of a majority of its elected membership, or the mayor, if authorized pursuant to subsection (a) of this section, may terminate the city manager's employment at any time, either with or without cause.
(f)
(1)
The city manager shall furnish a fidelity bond, the premiums on which shall be paid by the city, in such amount, on such form, and with such security as may be approved by the board.
(2)
The bond, in no event, shall be less than twenty-five thousand dollars ($25,000).
Acts 1921, No. 99, § 12; Pope's Dig., § 10100; Acts 1957, No. 8, § 7; A.S.A. 1947, § 19-712; Acts 1987, No. 25, § 1; 2001, No. 1790, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-121 - Acting city manager

(a)
If the city manager is absent from the city or is unable to perform his or her duties, if the board of directors or the mayor, if authorized, suspends the city manager, or if there is a vacancy in the office of city manager, the board, by resolution, or the mayor, if authorized to employ the city manager pursuant to §
14-47-119(a)
, may appoint an acting city manager to serve until the city manager returns, until his or her disability or suspension ceases, or until another city manager is appointed and qualifies, as the case may be.
(b)
The board or the mayor, if authorized, may suspend or remove an acting city manager at any time.
(c)
(1)
The board, in the exercise of its discretion, or the mayor, if authorized, may determine whether the acting city manager shall furnish bond.
(2)
If in any instance the board requires the acting city manager to furnish bond, in respect to form, amount, and security it shall be subject to the approval of the board or the mayor.
(d)
The acting city manager shall receive a reasonable compensation to be fixed by the board.
Acts 1921, No. 99, § 12; 1957, No. 8, § 7; A.S.A. 1947, § 19-712; Acts 2001, No. 1790, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-123 - Meetings of board of directors

(a)
(1)
A majority of the elected membership of the board of directors shall constitute a quorum for the transaction of business.
(2)
Except where otherwise provided by law, the concurring vote of a majority of those attending a meeting, provided a quorum is present, shall represent the action of the board.
(b)
The board shall meet on days certain to be chosen in advance by the board within the first and third weeks in each calendar month, except when any meeting date falls on a legal holiday, in which event the meeting shall be held on a substituted date fixed by adjournment at the preceding meeting.
(c)
(1)
Special meetings may be called at any time by the mayor or by directors representing a majority of the elected membership of the board.
(2)
The board may establish by ordinance the procedure for calling and giving notice of special meetings.
(d)
All meetings shall be open to the public.
(e)
Every motion, resolution, and ordinance adopted by the board shall be signed by the mayor. Each of the foregoing shall be attested by the city clerk, if the municipality is a city of the first class, if otherwise, by the recorder.
(f)
All laws not inconsistent with this chapter which immediately prior to its reorganization under this chapter controlled the proceedings of the council of the city, including, without limitation, procedure for the adoption, enactment, and publication of ordinances and resolutions, shall govern the proceedings of its board.
Acts 1921, No. 99, § 8; Pope's Dig., § 10096; Acts 1957, No. 8, § 6; 1965, No. 6, § 1; A.S.A. 1947, § 19-708.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-124 - Initiative and referendum

(a)
The initiative and referendum laws of this state are applicable to cities reorganized under this chapter.
(b)
The number of signatures required upon any petition shall be computed upon the highest vote cast at the preceding general election for any position on the board of directors of the municipality.
(c)
Except for a municipal referendum petition concerning a municipal bond, a sponsor shall be given sixty (60) days to circulate a municipal referendum petition.
Amended by Act 2015, No. 1093,§ 1, eff. 7/22/2015.
Acts 1921, No. 99, § 17; Pope's Dig., § 10105; Acts 1957, No. 8, § 11; A.S.A. 1947, § 19-717.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-125 - Budget and appropriations

(a)
The approval by the board of directors of the budget shall amount to an appropriation for the purposes of the budget of the funds which are lawfully applicable to the different items therein contained.
(b)
The board may alter or revise the budget from time to time, and unpledged funds appropriated by the board for any specific purpose may be appropriated by subsequent action of the board to another purpose, subject to the following exceptions:
(1)
Funds resulting from taxes levied under statute or ordinance for a specific purpose may not be diverted to another purpose; and
(2)
Appropriated funds may not be diverted to another purpose where any creditor of the municipality would be prejudiced thereby.
Acts 1921, No. 99, § 16; 1957, No. 8, § 10; A.S.A. 1947, § 19-716.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-126 - Annual audit

The board of directors shall be obligated to have the financial affairs of the city audited annually by the Division of Legislative Audit of the State of Arkansas or by an independent certified public accountant who is not otherwise in the service of the city.
Acts 1921, No. 99, § 16; 1957, No. 8, § 10; A.S.A. 1947, § 19-716; Acts 2011, No. 623, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-127 - Civil service plans

(a)
If, on the effective date of the reorganization of any city under this chapter, a civil service plan for any municipal employees or officers shall be in effect in the city, reorganization under this chapter shall not terminate or otherwise impair the civil service plan. That plan shall remain in full force and effect, subject to §
14-47-131
, following the reorganization under this chapter.
(b)
The municipal civil service plans made available under the provisions of §
14-49-101
et seq., §
14-50-101
et seq., and §
14-51-101
et seq. may be adopted, subject to §
14-47-131
, by any city reorganized under this chapter.
Acts 1957, No. 8, § 13; A.S.A. 1947, § 19-720.1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-128 - Deferred compensation agreements

(a)
Any city in the State of Arkansas organized and operating under a management form of municipal government is authorized and empowered to enter into a deferred compensation agreement with any employee of the city for the purpose of deferring payment of any portion of the employee's salary or income and to deposit the deferred compensation funds with a third party, agreed to in writing by the employee, in trust, with directions that the funds be paid to the employee as authorized by the deferred compensation agreement.
(b)
For the purposes of this section, a "deferred compensation agreement" is any agreement approved by the city for its employees and executed by an employee of the city, the city, and a third party, as trustee, chosen by the employee, where the third party agrees to pay a periodic income to the employee in the event of retirement or disability or to the employee's beneficiary in the event of death.
(c)
Deferred compensation funds deposited with a third party trustee as provided for in this section may be invested and reinvested by the trustee in any manner which, in its sole discretion, it deems desirable, notwithstanding legal limitations on the investment of public funds as provided for by the laws of the State of Arkansas.
Acts 1975, No. 874, §§ 1-3; A.S.A. 1047, §§ 19-736 -- 19-738.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-129 - Dependents of killed police officer or firefighter

(a)
Whenever a police officer or firefighter of the city is killed in the actual performance of his or her official duties, the board of directors shall cause to be set aside for the use and benefit of his or her spouse and children or others necessarily dependent upon him or her for their support, if they survive him or her, the sum of one thousand dollars ($1,000).
(b)
This sum shall be paid in installments as shall be required and, in the judgment of the boards, as shall be deemed advisable.
Acts 1921, No. 99, § 30; Pope's Dig., § 10118; A.S.A. 1947, § 19-728.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-130 - Public health jurisdiction

(a)
The board of directors shall have power to pass such ordinances and to make and enforce such rules and regulations as shall be necessary to promote the public health and to prevent and control disease.
(b)
Their jurisdiction in all matters pertaining to health and sanitation, and for purposes of quarantine, shall extend five (5) miles beyond the city limits.
Acts 1921, No. 99, § 21; Pope's Dig., § 10109; A.S.A. 1947, § 19-721.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-131 - Creation of new departments, etc

(a)
The board of directors may from time to time by ordinance:
(1)
Create any new municipal:
(A)
Department;
(B)
Office;
(C)
Employment;
(D)
Board;
(E)
Authority;
(F)
Commission; or
(G)
Agency;
(2)
(A)
Appoint the personnel to serve in the department, office, employment, board, authority, commission, or agency.
(B)
However, the appointment of personnel shall be by the mayor if the mayor has appointment power pursuant to §
14-47-108(a)(2)(E)
;
(3)
Fix the term of employment and compensation of each appointee; and
(4)
Specify whether each appointee shall or shall not be subject to the city's civil service or merit system.
(b)
(1)
By ordinance, the board also, in the exercise of its discretion, may consolidate the office of city treasurer with the office of city clerk or such other office or position as the board, by ordinance, may charge with the responsibility of administering the financial affairs of the city.
(2)
The board may:
(A)
Delegate all of the duties of the city treasurer to the person holding that office or position in the city;
(B)
Fill the consolidated office by appointment;
(C)
Fix the term and compensation of the appointee; and
(D)
Specify whether the appointee shall be subject to the city's civil service or merit system.
Amended by Act 2019, No. 383,§ 10, eff. 7/24/2019.
Acts 1921, No. 99, § 16; 1957, No. 8, § 10; 1959, No. 50, § 1; A.S.A. 1947, § 19-716; Acts 2001, No. 1473, § 4.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-132 - Vacancy on municipal board, etc

(a)
Any vacancy on any municipal board or commission of any city of the first class having a population of fewer than fifty thousand (50,000) and having a city manager form of government shall be filled by a majority vote of the board of directors of the city or by the mayor, if the mayor has appointment power pursuant to §
14-47-108(a)(2)(E)
.
(b)
(1)
The provisions of this section shall apply to all existing boards and commissions and to all boards and commissions hereafter established in which vacancies are filled by the remaining members of the board or commission or by the city manager.
(2)
The provisions of this section shall not be applicable to any Arkansas city which is divided by a state line from an incorporated city or town in an adjoining state.
Amended by Act 2019, No. 383,§ 11, eff. 7/24/2019.
Acts 1971, No. 74, §§ 1, 2; A.S.A. 1947, §§ 19-734, 19-735; Acts 2001, No. 1473, § 5.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-133 - Appointees generally

(a)
Subject to the exceptions contained in §
14-47-108
, every person appointed by the board of directors or by the mayor, if authorized as provided in §
14-47-108(a)(2)(E)
, to any municipal office, employment, or position or to membership on any board, authority, or commission shall serve for such time and shall receive such compensation as the board of directors may fix and determine by ordinance.
(b)
This section is applicable even in respect to offices and employments which, under statutes applicable to the mayor-council form of government, were held for a fixed term or on a salary basis fixed by statute.
Amended by Act 2019, No. 383,§ 12, eff. 7/24/2019.
Amended by Act 2017, No. 878,§ 8, eff. 8/1/2017.
Acts 1921, No. 99, § 16; 1957, No. 8, § 10; A.S.A. 1947, § 19-716; Acts 2001, No. 1473, § 6.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-134 - Qualifications of appointees

(a)
(1)
(A)
In the exercise by the board of directors of its authority in respect to the filling of vacancies in executive positions and memberships on municipal boards, authorities, and commissions, only those qualified electors of the city found by the directors to possess the necessary qualifications shall be appointed or confirmed.
(B)
Provided, a board of directors may appoint, at its discretion, persons who reside outside the city to museum boards and commissions.
(b)
(1)
In filling vacancies on any municipal board, authority, or commission, unless the statute applicable to the position forbids the appointment thereto of a city employee, the city manager, if otherwise qualified, shall be an eligible appointee.
(2)
The city manager, however, shall not be, ex officio, a member of any municipal board, authority, or commission.
Acts 1921, No. 99, § 3; 1957, No. 8, § 3; 1967, No. 165, § 1; A.S.A. 1947, § 19-703; Acts 1999, No. 1295, § 2.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-135 - Relations barred from employment

No person shall hold an appointive position or employment in the pay of the city if that person is related by blood or marriage in the third degree either to a member of the board of directors or to the city manager. Provided, however, this prohibition shall not prevent a person who holds an appointive or employment position with the city at the time the person's relative becomes city manager or a member of the board of directors from continuing in that position or employment.
Acts 1921, No. 99, § 32; Pope's Dig., § 10120; A.S.A. 1947, § 19-730; Acts 1993, No. 117, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-136 - Bond of officers and employees

All officers and employees of a city reorganized under this chapter with the exception of the city manager, whose bond requirement is controlled by §
14-47-119
, shall be required to make bond in such amount, on such form, and with such security as may meet the approval of the board of directors.
Acts 1957, No. 8, § 20; A.S.A. 1947, § 19-729.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-137 - Prohibited actions by officers or employees

(a)
(1)
An officer or employee elected or appointed in any city shall not be interested, directly or indirectly, in any contract or job for work or materials, or the profits, or service to be furnished or performed for the city unless the board of directors of the city has enacted an ordinance specifically permitting an officer or employee to conduct business with the city and prescribing the extent of this authority.
(2)
The prohibition under subdivision (a)(1) of this section does not apply to contracts for the furnishing of supplies, equipment, or services to be performed for a municipality by a:
(A)
Corporation in which an officer does not hold any executive or managerial office or by a corporation in which a controlling interest is held by stockholders who are not officers or employees; or
(B)
Volunteer who has been appointed to a municipal board, municipal commission, or municipal task force.
(b)
(1)
An officer or employee shall not accept or receive, directly or indirectly, any frank, pass, free ticket, or free service from any person, firm, or corporation operating within the territorial limits of the city any public transportation service, gas works, waterworks, electric light or power plant, heating plant, telegraph line or telephone exchange, or other business acting or operating under a public franchise of the city; nor shall an officer or employee accept or receive, directly or indirectly, from any person, firm, or corporation, or its agents, any other service upon terms more favorable than those granted to the public generally.
(2)
The prohibition of free transportation under subdivision (b)(1) of this section does not apply to police officers or firefighters in uniform, nor shall any free service to city officials heretofore provided by franchise or ordinance be affected by this subsection.
(c)
A person violating this section is guilty of a violation and upon conviction shall be fined in a sum of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000), and every such contract or agreement is void.
Amended by Act 2023, No. 203,§ 8, eff. 8/1/2023.
Acts 1921, No. 99, § 16; Pope's Dig., § 10104; Acts 1957, No. 8, § 10; 1983, No. 650, § 2; A.S.A. 1947, § 19-716; Acts 2011, No. 801, § 1.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-138 - Competitive bidding required

(a)
(1)
Before making a purchase of or contract for supplies, materials, or equipment and before obligating the city under a contract for the performance of services or for the construction of municipal improvements in which the anticipated cost to the city of the transaction exceeds the maximum amount established by the board of directors under the authority of §
14-47-120
, opportunity for competitive bidding shall be given under such rules and regulations as the board may prescribe by ordinance, and the contract shall be consummated only on a bid approved by the city manager and by the board.
(2)
Competitive bids may be accepted in the form of a written bid or by electronic media.
(b)
The board, by ordinance, may waive the requirement of competitive bidding in exceptional situations where this procedure is not feasible, but lacking such exceptional situations, the board may not except any particular contract, purchase, or sale from the requirement of competitive bidding.
(c)
All purchase and sale records of the city shall be open to public inspection.
Amended by Act 2017, No. 170,§ 1, eff. 8/1/2017.
Acts 1921, No. 99, § 16; 1957, No. 8, § 10; A.S.A. 1947, § 19-716.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 47 - CITY MANAGER FORM OF MUNICIPAL GOVERNMENT (§§ 14-47-101 — 14-47-140) › Section 14-47-139 - Public utility franchises, etc

Every ordinance or resolution granting any public utility franchise, or granting the right to occupy the streets, highways, bridges, or other public places in the city for any purpose shall be completed in the form in which it is finally passed and remain on file with the city clerk for public inspection at least one (1) week before its final passage or adoption.
Acts 1921, No. 99, § 15; Pope's Dig., § 10103; Acts 1957, No. 8, § 9; A.S.A. 1947, § 19-715.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 48 - CITY ADMINISTRATOR FORM OF MUNICIPAL GOVERNMENT (§§ 14-48-101 — 14-48-131) › Section 14-48-101 - Applicability

(a)
Any municipality of this state having a population of two thousand five hundred (2,500) or more inhabitants, according to the most recent federal census, or any city of the first class may call and hold an election on the question of becoming organized under, and governed by, the city administrator form of government authorized in this chapter.
(b)
Any such election shall be called and conducted in the manner provided in this chapter.
Acts 1967, No. 36, § 1; A.S.A. 1947, § 19-801.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 48 - CITY ADMINISTRATOR FORM OF MUNICIPAL GOVERNMENT (§§ 14-48-101 — 14-48-131) › Section 14-48-102 - Savings provisions

(a)
When a city effects a change of government under this chapter, it shall remain subject to and controlled by all laws, except those inconsistent with this chapter which on the effective date of the reorganization applied to or governed the city, including, without limiting the foregoing, the laws relating to improvement districts.
(b)
The city, as reorganized, shall have all of the rights, powers, and authority which it had immediately prior to reorganization and shall also be entitled to exercise any right, power, or authority, except those inconsistent with the provisions of this chapter, which are permitted cities organized under any other form of government.
(c)
In cities having the commission form of government immediately preceding the adoption of the city administrator form of government, the board of directors elected under the authority of this chapter may organize or reorganize by ordinance duly adopted any municipal board, commission, authority, agency, or department under the general laws of the state for municipalities having the mayor-council form of government. However, no reorganization shall be lawful which impairs the validity of existing contracts.
(d)
All bylaws, ordinances, and resolutions lawfully passed and in force in the city under its former organization and not in conflict with this chapter shall remain in force until altered or repealed by the board elected under the authority of this chapter.
(e)
The territorial limits of the city shall remain the same as under its former organization. All rights and property of every description which were vested in it shall remain unimpaired by the reorganization provided for in this chapter.
(f)
No existing right or liability either in favor of or against the city or any agency thereof, including, without limiting the foregoing, improvement districts and no suit or prosecution of any kind shall be affected by the change unless otherwise provided for in this chapter.
(g)
No valid pledge or mortgage of the revenues or property of the city or of any agency or instrumentality thereof or of any municipal improvement district shall be impaired by the reorganization.
Amended by Act 2017, No. 878,§ 9, eff. 8/1/2017.
Acts 1967, No. 36, § 7; A.S.A. 1947, § 19-807.
Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 48 - CITY ADMINISTRATOR FORM OF MUNICIPAL GOVERNMENT (§§ 14-48-101 — 14-48-131) › Section 14-48-103 - Form of government

The form of municipal government authorized by this chapter shall be known as the city administrator form of municipal government.
Acts 1967, No. 36, § 1; A.S.A. 1947, § 19-801.