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 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.

(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any city under its former organization, and not in conflict with this chapter, shall remain in force until altered or repealed by the board of directors elected under the authority of this chapter.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.

(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.

(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.

(a) Any city in this state having a population of two thousand five hundred (2,500) or more according to the most recent federal census may call and hold an election to determine whether or not the city shall be organized under and governed by the manager form of city government as provided for in this chapter.

(b) The proceeding shall be in the following manner:

(1)

(A) When petitions containing the signatures of electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor in the preceding general city election are presented to the mayor, the mayor by proclamation shall submit the question of organizing the city under the manager form of government to the electors of the city at a special election to be held in accordance with § 7-11-201 et seq.

(B) The proclamation shall be published at length in some newspaper published in the city for one (1) time, and notice of the election shall be published in some newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election. No other notice of the election shall be necessary;

(2)

(A) At the special election for the submission or resubmission of the proposition, the ballots shall contain substantially the following:
"FOR the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []
AGAINST the proposition to organize this city under Act 99 of the General Assembly of 1921, as amended ............... []"

(B)

(i) The election thereon shall be conducted, the vote canvassed, and the result thereof declared in the same manner as provided by law in respect to other city elections.

(ii) The county board of election commissioners shall certify the result to the mayor. This result shall be conclusive and not subject to attack unless suit is brought in the circuit court of the county in which the city is situated to contest the certification within thirty (30) days after the certification;

(3)

(A) If a majority of the votes cast on the proposition is against the organization of the city under this chapter, the question of adopting the manager form of government shall not be resubmitted to the voters of that city for adoption within four (4) years thereafter. It shall be resubmitted then only upon presentation to the mayor of petitions signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for all candidates for mayor at the preceding general city election.

(B)

(i) If a majority of the votes cast on the proposition at any such election shall be for the organization of the city under this chapter, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and with the county clerk of the county in which the city is situated. The mayor shall call a special election to be held in the city for the purpose of electing seven (7) city directors.

(ii) This election shall be called and conducted and the results determined and certified as provided in § 14-47-110.

(a)

(1)

(A) After the expiration of six (6) years from the date on which the first board of directors takes office in a city organized under this chapter, a petition may be presented to the mayor by the board of directors by ordinance or by petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of ballots cast for the position of mayor in the immediately preceding mayoral general election.

(B) Upon the receipt of a petition under this subdivision (a)(1), the mayor by proclamation shall submit the question of organization of the city under the mayor-council form of government at a special election to be held in accordance with § 7-11-201 et seq.

(2)

(A) The proclamation shall be published at length one (1) time in a newspaper published in the city.

(B)

(i) Notice of the election shall be published in a newspaper published in the city one (1) time a week for two (2) weeks, the first publication to be not less than fifteen (15) days before the date set for the election.

(ii) No other notice of the election is necessary.

(b) If the plan is not adopted by a majority of the voters voting upon that issue at the special election called, the question of adopting the mayor-council form of government shall not be resubmitted to the voters of the city for adoption within four (4) years thereafter. Then the question to adopt shall be resubmitted upon the presentation to the mayor of a petition signed by electors equal in number to fifteen percent (15%) of the aggregate number of votes cast for the position of mayor in the immediately preceding mayoral general election.

(c) At the special election for the submission or resubmission of the proposition, the ballots shall read:
"FOR the proposition to organize this city under the mayor-council form of government ............... []
AGAINST the proposition to organize this city under the mayor-council form of government ............... []"

(d)

(1) The election thereupon shall be conducted, the votes canvassed, and the result declared in the same manner as provided by law in respect to other city elections.

(2)

(A) The county board of election commissioners shall certify the result to the mayor.

(B) The result shall be conclusive and not subject to attack unless suit is brought within thirty (30) days after the certification by the county board of election commissioners in the circuit court of the county in which the city is situated to contest the certification.

(e)

(1) Except as provided in subdivision (e)(2) of this section, if the majority of the votes cast on the issue are in favor of organization of the city under the mayor-council form of government, the city shall proceed to the election of all of the city officials who were subject to election in the city immediately before the date on which the city was organized under the management form of city government.

(2) At the time the reorganization is effective under this chapter:

(A) The mayor shall continue in office until the remainder of his or her term of office; and

(B) A member of the city board of directors shall become a member of the city council and shall continue in office until the remainder of his or her term of office.

(3) In a city that has a population of more than one hundred thousand (100,000) persons according to the most recent federal decennial census:

(A) A person who is on the ballot in 2020 to become a member of the city council shall serve a term of two (2) years if elected; and

(B) At the 2022 General Election, the newly elected city council members shall draw initial two-year or four-year terms to result in staggered four-year terms.

(f) If no suit is brought to contest the certification of the results of the election within the thirty-day period after the certification, the mayor shall file certificates stating that the proposition was adopted with the Secretary of State and county clerk of the county in which the city is situated.

(g)

(1) The election of the city officials shall be held at the next time provided for the election of city officials under the statutes then in effect pertaining to the mayor-council form of government pertaining to the class of cities to which the particular city belongs.

(2)

(A) All laws pertaining to the mayor-council form of government for such class of cities shall apply.

(B)

(i) On the date as prescribed by such laws when newly elected city officials take office, the term of office of all members of the board of directors shall terminate, and the transition to the mayor-council form of government shall be completed.

(ii) If, under the mayor-council form of government, the terms of council members are staggered, determination shall be made by lot and the length of the terms fixed accordingly.

(h) The provisions of this section for converting to the mayor-council form of government shall be in addition to the right to change to the mayor-council or any other form of municipal government that may exist under present law.

(i)

(1) When a municipality elects to adopt the mayor-council form of government in the manner provided in this section, the question of reorganizing the municipality under the manager form shall not be submitted to the electors within a period of six (6) years, and thereafter only in the manner provided in § 14-47-106.

(2) If the qualified electors of the municipality do not approve the organization of the municipality under the manager form of government at the election, the proposition shall not again be submitted to the electors of the city for a period of four (4) years, and then only in the manner provided in § 14-47-106.

(a)

(1) A reorganization is effective when in connection with the reorganization of a municipality under this chapter an initial board of directors shall be elected and the respective terms of office of the directors commence or when changes are made under subdivision (a)(2)(D) of this section.

(2) Concurrent with the commencement of the terms of the directors:

(A) The office of mayor, as existing under the mayor-council form of government, all memberships on the city council, and all memberships on the board of public affairs shall become vacant, each of these offices being abolished as to cities reorganized under this chapter;

(B) Subject to subdivision (a)(2)(D) of this section and except as is otherwise provided for city attorneys in cities with the city manager form of government, the statutory term of office of the city treasurer, city clerk, city attorney, city marshal, and recorder in cities of the second class shall cease and terminate, and the incumbent of each of these offices shall remain in office subject to removal and replacement at any time by the board of directors;

(C) Subject to subdivision (a)(2)(D) of this section, 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 statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the city manager, if the authority is vested in the city manager through:

(i) An ordinance of the board of directors; or

(ii) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7;

(D) 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 statutory term of office of the city attorney shall cease and terminate, and the incumbent city attorney shall remain in office subject to removal and replacement at any time by the mayor if the authority is vested in the mayor under § 14-47-140; and

(E)

(i) Every other executive officer or executive employee of the city, including, without limiting the foregoing, the city purchasing agent and the members hereinafter called "board members" of every other municipal board, authority, or commission, whether the office, employment, board, authority, or commission exists under statute or under any ordinance or resolution, whose official term of office or employment is fixed by statute, ordinance, or resolution, shall serve until the expiration of the term so fixed, after which the position held by each such executive officer, executive employee, or board member shall be filled through appointment by the board of directors, the appointees to hold at the will of the board. However, at any time in cities with the city manager form of government, the appointments shall be made by the mayor and appointees shall hold at the will of the mayor, if the mayor is authorized to make the appointments by:

(a) The board of directors, by ordinance; or

(b) An initiated measure adopted pursuant to Arkansas Constitution, Amendment 7.

(ii) Each such executive officer or executive employee serving on the effective date of the reorganization, and whose office or employment carries no fixed term created either by statute, ordinance, or resolution shall be subject to removal and replacement at any time by the board of directors or the mayor, if authorized.

(iii) However, the provisions of this subdivision (a)(2)(E) shall be subject to the provisions of subsection (b) of this section and to the exceptions therein contained.

(b)

(1) It is expressly directed that a reorganization under this chapter shall not affect, impair, or terminate the employment of any city officers or employees whose employment is subject to, or regulated by, civil service laws.

(2)

(A) The reorganization shall not operate to abolish, terminate, or otherwise affect any of the following departments, commissions, authorities, agencies, or offices of the city government then existing:

(i) Waterworks commission existing under §§ 14-234-301 - 14-234-309;

(ii) Sewer committee existing under § 14-235-206;

(iii) Airport commission existing under § 14-359-103;

(iv) Housing authority existing under § 14-169-208;

(v) Any board of civil service commissioners serving under § 14-49-201 et seq., § 14-50-201 et seq., § 14-51-201 et seq., or under any other statute enacted;

(vi) Auditorium commission existing under § 14-141-104;

(vii) Library trustees existing under § 13-2-502;

(viii) City planning commission existing under Acts 1929, No. 108, § 1 [repealed]; or

(ix) Board of commissioners of any improvement district.

(B)

(i) The reorganization shall not terminate, impair, or otherwise affect the official status, tenure of office, or powers of the persons serving as commissioners, committee members, trustees, or members of any of the boards, authorities, commissions, agencies, or departments listed in this subdivision (b)(2).

(ii) This power, whether consisting of the power to appoint or the power to confirm appointments or nominations, as may be vested in the municipal council immediately prior to the reorganization in respect to the filling of vacancies on the boards, authorities, commissions, agencies, departments, or in the judgeships listed in this subdivision (b)(2)(B) shall be transferred to and vested in the board of directors or the mayor, if the mayor has appointment power pursuant to subdivision (a)(2)(E) of this section. Each appointee designated by the board or by the mayor, if authorized, to fill a vacancy in any such position shall serve for the statutory term, if any, applicable to the vacancy or, if there is no statutory term, shall serve at the will of the board or the mayor, if authorized.

(a)

(1) The seven (7) directors elected by a city reorganized under this chapter shall be known and designated as the board of directors of that city.

(2) The board shall constitute the supreme legislative and executive body of the city and, subject to § 14-47-120(10), shall be vested with all powers and authority which, immediately prior to the effective date of the reorganization, were vested under then-existing laws, ordinances, and resolutions in the mayor and council of that city and in its board of public affairs.

(3) Except where expressly permitted under this chapter, a board member may not serve the city in any other capacity.

(b)

(1) For election purposes, the positions on the board shall be permanently designated as positions numbered respectively as "one", "two", "three", "four", "five", "six", and "seven".

(2)

(A) Each candidate for election to membership on the board shall specify the position for which he or she is running.

(B) The electors shall vote separately on the candidates for each position, with the position sought by each candidate to be shown on the ballot.

(c) The candidate for any designated position on the board of directors who, in any general or special election, shall receive votes greater in number than those cast in favor of any other candidate for the position shall be deemed to be elected.

(d)

(1) All regular and special elections of directors shall be nonpartisan, the ballots to show no party designation.

(2) In all regular and special elections, each candidate for the office of director shall be elected by the electors of the city at large.

(3) A director shall not be prohibited from holding successive terms of office.

(e)

(1) Any director elected at a special election shall take office on the first Monday following the certification of his or her election as required in this chapter.

(2) A director elected at a regular election shall take office on January 1 next following his or her election.

(f)

(1) At any regular or special election for the election of a director, any adult person who has resided within the municipality for at least thirty (30) days and is qualified to vote at an election of county or state officers shall be deemed a qualified elector.

(2) Any person more than twenty-one (21) years of age possessing these same qualifications also shall be eligible to run for the office of director.

(g) When a city is reorganized under this chapter, at the first meeting of its initial board, the seven (7) directors will be divided by lot into two (2) classes. The tenure of office of those in each class shall be as follows:

(1) Those in class number one, which shall contain three (3) members, shall serve until and including December 31 following the first regular election held after their term of office commences and until their successors have been elected and qualified. Thereafter, those in class number one shall serve four-year terms; and

(2) Those in class number two, which shall contain four (4) members, shall serve until and including December 31 following the second regular election held after their term of office commences and until their successors have been elected and qualified. Thereafter, those in class number two shall serve four-year terms.

(a) Candidates for the office of director shall be nominated and elected as follows:

(1)

(A)

(i) A special election to elect the initial membership of the board shall be called by the mayor as provided in § 14-47-106.

(ii) The mayor's proclamation shall be in accordance with § 7-11-101 et seq.

(B)

(i) A special election to fill any vacancy under § 14-47-113 shall be called through a resolution of the board of directors.

(ii) A proclamation announcing the holding of the election shall be signed by the mayor and published in accordance with § 7-11-101 et seq.;

(2) The petition mentioned in subdivision (a)(3) of this section supporting the candidacy of each candidate to be voted upon at any general or special election shall be filed with the city clerk or recorder during a one-week period ending at 12:00 noon ninety (90) days before the election;

(3)

(A)

(i)

(a) In respect to both special and general elections, the name of each candidate shall be supported by a petition, signed by at least fifty (50) qualified electors of the municipality, requesting the candidacy of the candidate.

(b) The petition under subdivision (a)(3)(A)(i)(a) of this section may be circulated for no longer than ninety (90) days before it is filed with the city clerk.

(ii) The petition shall show the residence address of each signer and shall carry an affidavit signed by one (1) or more persons, in which the affiant or affiants shall vouch for the eligibility of each signer of the petition.

(B) Each petition shall be substantially in the following form:
"The undersigned, duly qualified electors of the City of ..., Arkansas, each signer hereof residing at the address set opposite his or her signature, hereby request that the name... be placed on the ballot as a candidate for election to Position No. ... on the Board of Directors of said City of ... at the election to be held in such City on the ... day of ..., 20.... We further state that we know said person to be a qualified elector of said City and a person of good moral character and qualified in our judgment for the duties of such office."

(C) A petition for nomination shall not show the name of more than one (1) candidate.

(D)

(i) The name of the candidate mentioned in each petition, together with a copy of the election proclamation if the election is a special election, shall be certified by the city clerk or recorder to the county board of election commissioners not less than seventy-five (75) days before the election unless the clerk or recorder finds that the petition fails to meet the requirements of this chapter.

(ii)

(a) Whether the names of the candidates so certified to the county board of election commissioners are to be submitted at a biennial general election or at a special election held on a different date, the election board shall have general supervision over the holding of each municipal election.

(b) In this connection, the board shall post the nominations, print the ballots, establish the voting precincts, appoint the election judges and clerks, determine and certify the result of the election, and determine the election expense chargeable to the city, all in the manner prescribed by law in respect to general elections. It is the intention of this chapter that the general election machinery of this state shall be utilized in the holding of all general and special elections authorized under this chapter.

(c) The result of the election shall be certified by the election board to the city clerk or recorder; and

(4) The candidate for any designated position on the board of directors who, in any general or special election, shall receive votes greater in number than those cast in favor of any other candidate for the position shall be deemed to be elected.

(b) Each director, before entering upon the discharge of his or her duties, shall take the oath of office required by Arkansas Constitution, Article 19, § 20.

(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.

(a) The holder of office of city director is subject to removal by the electors qualified to vote for a successor of the incumbent.

(b) The procedure to effect the removal of the incumbent of this elective office shall be as follows:

(1)

(A)

(i) A petition shall be filed with the city clerk. This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for directors at the preceding primary election at which directors were nominated or elected, demanding the election of a successor of the person sought to be removed.

(ii) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought.

(B) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any.

(C) One (1) of the signers of each of the papers shall make oath before an officer competent to administer oaths that the statements therein made are true as he or she believes and that each signature to the paper appended is a genuine signature of the person whose name it purports to be.

(2)

(A)

(i) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors.

(ii) If necessary, the board of directors shall allow the city clerk extra help for that purpose.

(B) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination;

(3)

(A)

(i) If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days.

(ii) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition.

(B)

(i) If his or her certificate shall show the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to the filing of a new petition to the same effect.

(ii) If the petition shall be deemed sufficient, the clerk shall submit it to the board without delay;

(4)

(A) If the board shall find the petition thus submitted to it contains the requisite number of electors signed thereto and is otherwise found to be sufficient, it shall order and fix a date for holding an election. This date shall be not less than thirty (30) days nor more than forty (40) days from the date of the clerk's certificate to the board that a sufficient petition is filed.

(B) The board shall make, or cause to be made, publication of notice and all arrangements for holding the election;

(5)

(A) The election shall be conducted, returned, and the result thereof declared in all respects as are other such elections under the general election laws of the city.

(B) At the election, the proposition submitted to the electors shall be:
Click here to view form.

(6)

(A) If the majority of votes cast on the issue shall be in favor of the removal of the officer, the officer shall be deemed removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies.

(B) If the majority of the votes cast on that issue shall be against the removal of the officer, the officer shall continue to serve.

(c) No recall petition shall be filed against any officer until he or she shall have held his or her office for at least six (6) months, nor shall any officer be subject to more than one (1) recall proceeding between biennial elections.

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. 

(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.

(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).

(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.

(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.]

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. 

(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).

The city manager shall have the following powers and duties:

(1)

(A) To the extent that such authority is vested in him or her through an ordinance enacted by the board of directors, a city manager may supervise and control all administrative departments, agencies, offices, and employees.

(B) In addition, in cities with a 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 city manager also shall have the authority to supervise and control the city attorney and may remove and replace the city attorney at any time at the city manager's discretion if the city manager has been given the authority to remove and replace the city attorney pursuant to § 14-47-108(a)(2);

(2) He or she shall represent the board in the enforcement of all obligations in favor of the city or its inhabitants which are imposed by law, or under the terms of any public utility franchise, upon any public utility;

(3) He or she may inquire into the conduct of any municipal office, department, or agency which is subject to the control of the board, in which connection he or she shall be given unrestricted access to the records and files of any such office, department, or agency and may require written reports, statements, audits, and other information from the executive head of the office, department, or agency;

(4)

(A)

(i) Except as provided in subdivision (4)(A)(ii) of this section, he or she shall nominate, subject to confirmation by the board, persons to fill all vacancies at any time occurring in any office, employment, board, authority, or commission to which the board's appointive power extends.

(ii) If the mayor has appointment power pursuant to § 14-47-108(a)(2)(E), the nominations shall be made by the mayor.

(B)

(i) He or she may remove from office all officials and employees, including without limitation members of any board, authority, or commission who under laws, whether applicable to cities under the mayor-council or management form of government, may be removed by the city's legislative body.

(ii)

(a) Removal by the city manager shall be approved by the board.

(b) Where, under the statute applicable to any specific employment or office, the incumbent may be removed only upon the vote of a specified majority of the city's legislative body, the removal of the person by the city manager may be confirmed only upon the vote of the specified majority of the members.

(C) The provisions of this subdivision (4) shall have no application to offices and employments controlled by any civil service or merit plan lawfully in effect in the city;

(5)

(A) To the extent that, and under such regulations as the board may prescribe by ordinance, he or she may:

(i) Contract for and purchase, or issue purchase authorizations for, supplies, materials, and equipment for the various offices, departments, and agencies of the city government, and he or she may contract for, or authorize contracts for, services to be rendered to the city or for the construction of municipal improvements. However, in such connection, the board shall establish by ordinance a maximum amount, and each contract, purchase, or authorization exceeding the amount so established shall be effected after competitive bidding as required in § 14-47-138;

(ii) Approve for payment, out of funds previously appropriated for that purpose, or disapprove any bills, debts, or liabilities asserted as claims against the city. However, the board shall establish by ordinance in that connection a maximum amount, and the payment or disapproval of each bill, debt, or liability exceeding that amount shall require the confirmation of the board or of a committee of directors created by the board for this purpose;

(iii) Sell or exchange any municipal supplies, materials, or equipment. The board shall establish by ordinance an amount, and no item or lot, to be disposed of as one (1) unit, of supplies, materials, or equipment shall be sold without competitive bidding unless the city manager shall certify in writing that in his or her opinion, the fair market value of the item or lot is less than the amount established by ordinance as prescribed; and

(iv) Transfer to any office, department, or agency, or he or she may transfer from any office, department, or agency to another office, department, or agency any materials and equipment.

(B) For the purpose of assisting the city manager in transactions arising under subdivisions (5)(A)(i)-(iii) of this section, the board may appoint one (1) or more committees to be selected from its membership. Or in the alternative, it may create one (1) or more offices or departments to be composed of personnel approved by the city manager. If for these purposes the board shall create any new office or department, the person appointed to fill the office or to head the department shall be responsible to the city manager and act under his or her direction;

(6) He or she shall prepare the municipal budget annually and submit it to the board for its approval or disapproval and be responsible for its administration after adoption;

(7) He or she shall prepare and submit to the board, within sixty (60) days after the end of each fiscal year, a complete report on the finances and administrative activities of the city during the fiscal year;

(8) He or she shall keep the board advised of the financial condition and future needs of the city and make such recommendations as to him or her may seem desirable;

(9) He or she shall sign all municipal warrants when authorized by the board to do so;

(10) He or she shall have all powers, except those involving the exercise of sovereign authority, which, under statutes applicable to municipalities under the mayor-council form of government or under ordinances and resolutions of the city in effect at the time of its reorganization, may be vested in the mayor; and

(11) He or she shall perform such additional duties and exercise such additional powers as may be lawfully delegated by ordinance to him or her by the board.

(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.

(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.

(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.

(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.

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. 

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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. 

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. 

(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.

(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.

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. 

(a)

(1) Any municipality organized and operating under the city manager form of government may authorize the mayor of the municipality to have the following duties and powers by ordinance or by a majority of the qualified electors of the municipality by petition:

(A)

(i) The power to veto an ordinance, a resolution, or an order adopted by the municipal board of directors.

(ii)

(a) The municipal board of directors may override the veto by a two-thirds vote of the number of members of the board.

(b) The mayor shall be entitled to vote only in case of a tie vote, and his or her presence may be counted to establish a quorum for the conduct of business;

(B) The power to appoint, subject to confirmation by a majority of the members of the municipal board of directors, persons to fill vacancies on any board, authority, or commission of the municipality;

(C)

(i) The power to hire the city manager and to designate the city manager to serve in the mayor's stead on any board or commission that requires the service of the chief executive officer of the city.

(ii) The power to hire the city manager under subdivision (a)(1)(C)(i) of this section is subject to:

(a) The approval of a majority of the members of the municipal board of directors; or

(b) Override by a two-thirds vote of the members of the municipal board of directors;

(D) The power to remove the city manager, subject to:

(i) The approval of a majority of the members of the municipal board of directors; or

(ii) Override by a two-thirds vote of the members of the municipal board of directors;

(E) The power to prepare and submit to the municipal board of directors for its approval the annual municipal budget;

(F) The power to hire the city attorney, subject to:

(i) The approval of a majority of the members of the municipal board of directors; or

(ii) Override by a two-thirds vote of the members of the municipal board of directors; and

(G) The power to remove the city attorney, subject to:

(i) The approval of a majority of the members of the municipal board of directors; or

(ii) Override by a two-thirds vote of the members of the municipal board of directors.

(2) If the ordinance under subdivision (a)(1) of this section is adopted by a two-thirds vote of the members of the municipal board of directors or the petition under subdivision (a)(1) of this section is approved by a majority of the qualified electors of the municipality, the mayor shall have the powers and duties authorized under subdivision (a)(1) of this section.

(3)

(A) Subdivisions (a)(1) and (2) of this section do not apply to offices and employments controlled by any civil service or merit plan lawfully in effect in the municipality.

(B) In municipalities that maintain district courts, the district court judge and the district court clerk shall be elected and appointed in the manner prescribed by law.

(4) A mayor who has the duties and powers authorized under subdivision (a)(1) of this section shall be compensated with salary and benefits comparable to the salary and benefits of an official or employee of the municipality with similar executive duties and powers.

(b) If called by petition of the qualified electors of the municipality, the special election under this section shall comply with the following:

(1) A petition under subsection (a) of this section shall be filed with the clerk of the city;

(2) Each signature on a petition filed shall have been signed within one hundred eighty (180) days prior to filing;

(3) The clerk of the city shall note on the petition the date and time filed; and

(4) If a petition contains the signatures of electors equal in number to fifteen percent (15%) of the number of ballots cast for the mayor in the last mayoral election, or if the mayor is not directly elected, for the director position receiving the highest number of votes in the last general election, then the clerk of the city shall deliver the petitions to the mayor who shall by proclamation submit the question to the electors at a special election, provided that:

(A) The clerk of the city shall verify the number of signatures and the authenticity of the signatures on the petition within ten (10) days of the date they are filed;

(B) If there are insufficient signatures on the petition, the petitioners shall not receive an extension for the petition; and

(C) If there is a sufficient number of signatures on the petition but the clerk of the city is unable to verify the required number of signatures and the authenticity of the signatures, then the petitioners shall be given ten (10) days to provide a sufficient number of verified signatures.

(c) The proclamation submitting the question under subsection (a) of this section to the qualified electors of the municipality shall be issued within three (3) working days of the date the clerk of the city verifies the number of signatures on the petition or within three (3) working days of the date a referendum ordinance is passed by the municipal board of directors.

(d) The special election shall be held at the next special election date under § 7-11-205 after the ordinance is filed.

(e)

(1) If two (2) or more groups file petitions seeking a special election under subsection (a) of this section and the petition filed first is declared insufficient, then the city clerk shall determine the sufficiency of the petition that was filed next in time.

(2) Upon a declaration that a petition is sufficient and first in time, then a petition filed after the first sufficient petition and before the special election shall be deemed moot and shall be destroyed.

(f) If an election held under subsection (a) of this section results in the adoption of the question under subsection (a) of this section, then the adopted question shall not be presented again to the electors for a period of four (4) years from the date of the election.

(g) If an election held under subsection (a) of this section results in the failure to adopt the question under subsection (a) of this section, then the failed question shall not be presented again to the electors for a period of two (2) years from the date of the election.

(h) Notice of the election shall be given by the clerk of the city by one (1) publication in a newspaper having general circulation within the city not less than ten (10) calendar days before the election.

(i) Within thirty (30) calendar days after completion of the tabulation of the votes, the mayor of the city shall proclaim the results of the election by issuing a proclamation and publishing it one (1) time in a newspaper having general circulation within the city.

(j) The results of the election as stated in the proclamation shall be conclusive unless a suit contesting the proclamation is filed in the circuit court in the county where the election took place within thirty (30) calendar days after the date of publication of the proclamation.

(k) If the question under subsection (a) of this section is approved at an election as provided in this section, that approval shall be final and shall continue in effect thereafter as long as authorized.

(l) The mayor shall continue to be selected under § 14-61-111.

(m) At the time of a transition after an election as provided in this section, the current mayor shall continue to serve until the end of his or her elected term.