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ORDINANCE NO. 19,761
� EIVE
._,.. X'I COUNTY
ELECTION COMMISSION
AN ORDINANCE TO GRANT ADDITIONAL DUTIES AND AUTHORITIES TO THE DI-
RECTLY ELECTED MAYOR; TO CALL AN ELECTION ON WHETHER TO GRANT
THESE DUTIES AND AUTHORITIES TO THE DIRECTLY ELECTED MAYOR; TO CALL
AN ELECTION ON THE ISSUE OF WHETHER THE DIRECTLY ELECTED MAYOR
SHOULD HAVE VETO AUTHORITY; TO DECLARE AN EMERGENCY; AND FOR
8 OTHER PURPOSES.
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10 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has determined that it is ap-
11 propriate to grant more powers of the directly elected Mayor in order to provide a more responsive and
12 accountable form of government; and
13 WHEREAS, both the FUTURE - Little Rock review of City government believed that the Mayor should
14 be directly elected and have authority over issues such as preparation of the City budget, and Vision -
15 Little Rock believed that the Mayor should have a veto power; and
16 WHEREAS, after the FUTURE - Little Rock process was completed the Arkansas General Assembly
17 passed, and the Governor signed into law, Act 89 of 1989, commonly referred to as The City Manager
18 Enabling Act of 1989; and
19 WHEREAS, pursuant to Act 89 of 1989, an election was held which provided for a directly elected
20 Mayor, three at -large members of the Board of Directors, and seven members of the Board of Directors
21 elected from districts, and
22 WHEREAS, both Future - Little Rock and Vision Little Rock envisioned the position of Mayor as full -
23 time with additional responsibilities; and,
24 WHEREAS, state law for the city manager form of government provides the opportunity to grant
25 additional authorities to the directly elected Mayor; and
26 WHEREAS, as a result of these additional duties the position of Mayor shall become a full -time po-
27 sition entitled to compensation in accordance with state law which requires that a mayor with these
28 kinds of additional authorities shall be compensated with a salary and benefit package comparable to
29 the highest- ranking municipal official; and,
30 WHEREAS, it is now desired to vest more accountability in the office of the Mayor, and to do so it
31 is necessary to increase the duties and executive authority of the office,
32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
33 ROCK, ARKANSAS:
34 Section 1. The Mayor shall be the chief executive officer of the City and the City Manager shall be
35 the Chief Administrative Officer of the City.
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Ordinance to grant additional authority and veto to the Mayor
1 Section 2. Pursuant to the provisions of Ark. Code Ann. S 14 -47 -120, as amended, the Mayor shall
2 have the following authority:
3 (a) Subject to the approval of the Board of Directors, the Mayor shall have the authority to
4 nominate, hire, or remove, the City Manager and the City Attorney, provided that the an-
y nual review of both the City Manager and the City Attorney shall be conducted by the en-
6 tire Board of Directors;
7 (b) Subject to confirmation by the Board of Directors, advice by the respective ward represen-
8 tative of the ward where the nominee resides, and such other advice as may be given by
9 the at -large representatives, to nominate and fill any vacancy occurring on any board, au-
10 thority or commission;
11 (c) Except as set forth in subsection (d), all other powers and duties granted to the City Man -
12 ager pursuant to Ark. Code Ann. 5 14 -47 -120, as amended, or set forth in state law but not
13 specifically referred to in this subsection, shall hereafter be performed at the direction of
14 the Mayor;
15 (d) The annual budget of the city shall be prepared by the Mayor and the City Manager, and
16 will be administered by the City Manager.
17 Section 3. Pursuant to the provisions of Ark. Code Ann. 5 14 -61 -114 (d), as amended, the board of
18 directors shall refer to the electors, to be approved by a majority of those voting on the issue, the
19 question of whether the mayor should have a veto power as follows if the mayor is granted the veto:
20 (A) (1) The mayor shall not be entitled to vote unless such vote is necessary for passage of a
21 measure;
22 (2) The board of directors may override a mayor's veto by a two - thirds (2/3) vote of the num-
23 ber of members of the board of directors in accordance with Section 4 of this ordinance;
24 (3) The mayor shall have seven (7) calendar days from the date of approval of a motion, ordi-
25 nance, or resolution, to exercise a veto.
26 (B) The following question shall appear on the ballot:
27 FOR giving the mayor a veto, to be exercised within seven (7) calendar days
28 of the approval of a matter, and subject to override at the first regular
29 meeting of the board of directors after written notice, but no vote unless
30 necessary for passage of a measure ........................ ............................... ❑
31 AGAINST giving the mayor a veto, to be exercised within seven (7) calendar
32 days after approval of the matter, and subject to override at the first regu-
33 lar meeting of the board of directors after written notice, but no vote
34 unless necessary for passage of a measure ................ ............................... ❑
35 (C) The election on the question of whether to grant the mayor a veto shall occur on August 14,
36 2007, a date which is not less than forty -five (45) days after the passage of this ordinance.
[PAGE 2 OF 4]
Ordinance to grant additional authority and veto to the Mayor
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Section 4. Override of the Veto. The time to override a veto, and other issues that relate
to an override, are as follows:
(A) The board or directors shalt exercise the power to override a veto over any permanent
on temporary ordinances or resolutions at the next regular session of the board of di-
rectors following the written notification of a veto; and,
(B) Failure to override a veto in a single vote of the board of directors shall constitute a
confirmation of the veto, and no further consideration of veto override on the measure
shall be introduced in subsequent sessions of the board of directors; and,
(C) The vote to override a veto, or the failure to override a veto, shall not be subject to a
motion to reconsider, a motion to expunge the record, or any other parliamentary pro-
cedure which would permit the reconsideration of the question of override; and.
(D) Any ordinance or resolution vetoed, and confirmed by failure to override the veto, may
be reintroduced as a new ordinance or resolution subject to any state statutes, ordi-
nances, or procedures for the introduction of ordinances or resolutions, or amendments
to ordinances or resolutions.
Section 5.
(A) Pursuant to the provisions of Ark. Code Ann. 5 14 -55 -301, as amended, the board of directors
shall refer to the electors, to be approved by a majority of those voting on the issue, the ques-
tion of whether the mayor should have the additional duties and authorities set forth in this
ordinance:
(B) The following question shall appear on the ballot:
FOR giving the mayor the additional duties and authorities listed below .......... ❑
AGAINST giving the mayor the additional duties and authorities listed below..... ❑
The additional duties and authorities for the Mayor include: the authority to hire or remove the
City Manager and the City Attorney subject to Board approval and subject to the Board con-
ducting annual evaluations of the City Manager and the City Attorney; to fill vacancies on mu-
nicipal boards and commissions subject to approval of the Board of Directors, and after consul-
tation with the respective ward representative and such other advice as may be provided from
at -large directors; that the annual budge shall be prepared by the Mayor and the City Manager,
and will be administered by the City Manager; that the duties of the City Manager as set forth
in Ark. Code Ann. S 14 -47 -120, and other state law, be performed at the direction of the
Mayor.
(C) The election on the question of whether to grant the mayor these additional authorities and
duties shall occur on August 14, 2007, a date not less than forty -five (45) days after the pas-
sage of this ordinance.
Ordinance to grant additional authority and veto to the Mayor
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Section 6. The City Clerk is directed and authorized to take all actions necessary to submit this
ordinance to the Pulaski County Clerk and the Pulaski County Election Commission to be pre-
pared for an election held in accordance with Subsection 3(c) and Subsection 4(c).
Section 7. Severability. In the event any title, section, paragraph, item, sentence, clause,
phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional,
such declaration or adjudication shall not affect the remaining portions of the ordinance which
shall remain in full force and effect as if the portion so declared or adjudged invalid or uncon-
stitutional was not originally a part of the ordinance.
Section 8. Repealer. Alt laws, ordinances, resolutions, or parts of the same, that are inconsis-
tent with the provisions of this ordinance, are hereby repeated to the extent of such inconsistency,
provided that nothing in this ordinance is deemed to amend or repeal the things that must be reported,
nor the forms to be used for various reports, as set forth in the Financial Reporting Standards for the
City of Little Rock, Arkansas, Little Rock Rev. Code SS2 -245 to 2 -260.8 (1988), as amended, even
though the mayor shall now be responsible to assure that these requirements are met.
PASSED: June 12, 2007
ATTEST: APPROVED:
N di ZVED Wood, ity Clerk
APP AS TO LEGAL FORM:
C:::'� U
Thomas M. Carpenter, City Attor
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Ordinance to grant additional authority and veto to the Mayor
MA Stodola, Mayor
City of Little Rock
Office of the city Hall - 200
City Clerk 500 W. Markham Street
Little Rock, Arkansas 72201 -1429
(501) 371 -4765
July 6, 2007
Pulaski County Election Commission
Susan Inman
Director of Elections
201 S. Broadway, Suite 330
Little Rock, AR 72201
Dear Ms Inman:
ELECTION COMMISSiON
I am attaching a certification and revised ordinance to correct a misprision in the Original
Little Rock Ordinance No. 19761, passed June 12, 2007, and filed in your office and the
Office of the Pulaski County Clerk on June 15, 2007.
Sincerely,
N = rod
City Clerk
City of Little Rock, Arkansas
CERTIFICATE
STATE OF ARKANSAS)
COUNTY OF PULASKI)
CITY OF LITTLE ROCK}
n
I Nancy Wood, City Clerk within and for the City aforesaid to hereby certify
that the foregoing is a true and correct copy of Ordinance 19,761 of the
Ordinances of the City of Little Rock, Arkansas, entitled: " AN
ORDINANCE TO GRANT ADDITIONAL DUTIES AND
AUTHORITIES TO THE DIRECTLY ELECTED MAYOR; TO
CALL AN ELECTION ON WHETHER TO GRANT THESE DUTIES
AND AUTHORITIES TO THE DIRECTLY ELECTED MAYOR; TO
CALL AND ELECTION ON THE ISSUE OF WHETHER THE
DIRECTLY ELECTED MAYOR SHOULD HAVE VETO
AUTHORITY; TO DECLARE AN EMERGENCY; AND FOR
OTHER PURPOSES. " Passed by the Little Rock Board of Directors of
said City on June 12, 2007 and said Ordinance now appearing of record in
the City Clerk's Office.
IN WITNESS WHEREOF, I have hereunto set my and seal of office this
6th Day of July 2007.
Nan y Woo City Clerk
City of Little Rock, Arkansas
'
'��r�tlu tt ► ►tttit`
CERTIFICATE RECEIVED
PULASKI COUNTY
STATE OF ARKANSAS} 7 ` �� - o -7 S .L
COUNTY OF PULASKI) ELECTION COMMISSION
CITY OF LITTLE ROCK}
I Nancy Wood, City Clerk within and for the City aforesaid to hereby certify
that the foregoing is a true and correct copy of Ordinance 19,761 of the
Ordinances of the City of Little Rock, Arkansas, entitled: " AN
ORDINANCE TO GRANT ADDITIONAL DUTIES AND
AUTHORITIES TO THE DIRECTLY ELECTED MAYOR; TO
CALL AN ELECTION ON WHETHER TO GRANT THESE DUTIES
AND AUTHORITIES TO THE DIRECTLY ELECTED MAYOR; TO
CALL AND ELECTION ON THE ISSUE OF WHETHER THE
DIRECTLY ELECTED MAYOR SHOULD HAVE VETO
AUTHORITY; TO DECLARE AN EMERGENCY; AND FOR
OTHER PURPOSES. " Passed by the Little Rock Board of Directors of
said City on June 12, 2007 and said Ordinance now appearing of record in
the City Clerk's Office.
IN WITNESS WHEREOF, I have hereunto set my and seal of office this
6th Day of July 2007.
Na cy Wo d, City Clerk
City of Little Rock, Arkansas
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