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Home My WebLink About14653 1 RESOLUTION NO. 14,653 2 3 A RESOLUTION TO EXPRESS THE INTEREST OF THE LITTLE ROCK 4 BOARD OF DIRECTORS IN AN ADVISORY OPINION, PREFERABLY 5 ON AN EXPEDITED BASIS, FROM THE ARKANSAS ETHICS 6 COMMISSION AS TO THE AUTHORITY OF A LOCAL GOVERNMENT 7 TO SET A MORE LIMITED TIME PERIOD TO SOLICIT AND COLLECT 8 CONTRIBUTIONS PRIOR TO A LITTLE ROCK MUNICIPAL 9 ELECTION; AND FOR OTHER PURPOSES. 10 11 WHEREAS, by unanimous vote in open meeting on October 2, 2017, the Board of Directors of the 12 City of Little Rock, Arkansas, chose to seek an Advisory Opinion from the Arkansas Ethics Commission 13 as provided for in Ark. Code Ann. § 7-6-217; and, 14 WHEREAS,the request is for an Advisory Opinion as to the impact of Ark. Code Ann. § 7-6-224 on 15 the enforceability of Little Rock,Ark.,Rev. Code§ 2-387(1988)as to when contributions can be solicited 16 or collected for the election of a Municipal Officer in Little Rock,Arkansas; and, 17 WHEREAS,a recent ruling in Case No.2017-CO-025 indicates that the Arkansas Ethics Commission 18 has no jurisdiction over such a local ordinance when in fact Ark. Code Ann. § 7-6-224 is in the same 19 Subchapter on Campaign Finance over which the Commission has jurisdiction as set forth in Ark. Code 20 Ann. § 7-6-218; 21 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 22 OF LITTLE ROCK,ARKANSAS: 23 Section 1. The City Attorney is directed to file forthwith a request for an Advisory Opinion from the 24 Arkansas Ethics Commission as to the viability of Little Rock, Ark., Rev. Code § 2-387 (1988), and any 25 other provisions of the City Campaign Finance Code, in light of the authority granted to local governments 26 in Ark. Code Ann. § 7-6-224; further,to request that this Advisory Opinion be given on an expedited basis 27 since the decision of the Commission will have a direct and immediate impact on the campaigns of persons 28 who seek the seven (7) positions on the Little Rock Board of Directors during the November 6, 2018, 29 general election. 30 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 31 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 32 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and [Page 1 of 2] 1 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 2 resolution. 3 Section 3. Repealer. All laws,ordinances,resolutions, or parts of the same,that are inconsistent with 4 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 5 ADOPTED: October 2,2017 6 ATTE' APPROVED: 7 ` A� / 8 „pm.. 9 City Clerk Mark Stodola,Mayor y a an . � _ :� ,� 10 A` 'R.` ' " TO LEGAL FORM: 11 12 AA 13 Thomas M. Carpenter,City Attorne 14 // 15 A. 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 2 of 2]