A city’s government for the people works as well as its elected and appointed officials managing their city. Officials direct a city by their actions. How city officials are to carry out their duties in Arkansas is governed by state law. The Arkansas Guidebook for Municipal Officials lists and explains these how these laws apply.

The guidebook instructs a mayor how to manage the city’s overall day-to-day activities. It also teaches council members, as the city’s legislative body, how to make laws which govern people’s actions within the city.

It lists the council’s main duty as manager and controller of a city’s fi nances. The council also, as a collective body, is responsible to manage and control “all real and personal property” of the city.

City council members, also called aldermen or alderwomen, as the city’s legislative body, have one vote each to pass or reject any motion brought before them jointly. They vote as one would in a classroom to elect a class president. In the U.S. Republic, with its democratic form of government, each should vote to reflect the wishes of those he or she represents, the voting residents living within the ward or section of town which elected him.

To know whether a council member votes his or her constituents’ desire, the Arkansas Municipal League guidebook informs its readers that “all council meetings should be open to the public in accord with the state Freedom of Information Act,” (ACA § 25-19-106).

Other duties listed in the guidebook for council members include theright to vote to override a mayor’s “appointments and remove department heads by its two-thirds vote.” They must also “adopt a budget by ordinance or resolution for operation of the city or town by February 1 of each year” and “may set procedures for making all city purchases,” Ark. Code Act 14-58- 303(b) and 202 respectively.

The council “sets the time and place for regular city council meetings.” And, in small towns, it “shall fill the mayor’s unexpired term by either a majority vote of the aldermen or a special election.” They “set the salaries of the mayor, council and other municipal offi cials,” which “may be increased during the term, but not decreased during the term of offi ce unless requested by that official,” ACA § 14-42-113).

“Aldermen cannot serve on a quorum court and the city council at the same time,” (ACA § 14-14-1202). Furthermore, “The governing body of a municipality shall, by general ordinance, direct the number of subordinate police officers to be appointed,” (ACA § 14-52-201 as amended by Act 726 of 2013).

The guidebook sets specific procedural rules which mayors and council members should agree upon and offi cially adopt by majority vote. A council adopts, “rules of procedure to use as guides to the generally accepted way that things get done [in city government].”

Topics include “meeting dates and their time and place, order of business agenda, meeting procedures, set public hearings procedure and time, allow new items added to agenda, and agree to specifi c provisions for exceptions for when and how rules might be suspended.”

The guidebook lists four different types of meetings, with specifi c rules city offi cials must apply to each. All meetings, except a called executive session, which the guidebook states is “a meeting permitted only for the purpose of considering employment, promotion, demotion, disciplinary action, or resignation of any public officer or employee,” require meetings be open for public view under Arkansas’ Freedom of Information Act.

According to the guidebook, “The FOIA is a law with which all municipal officials should become familiar. Municipal officials who negligently violate the FOIA may be penalized by a fi ne of $200 or 30 days in jail or both. In addition, citizens may sue for violations of the Act and, if successful, recover their attorneys’ fees.”

The guidebook also advises council members about “rules of procedure and public debate designed to facilitate the transaction of public business in an orderly way.”

“At first,” it reads, “it may not seem orderly. It is not unusual for newly elected council members to take up to six months before they feel comfortable with the procedures.”

The guidebook advises council members, “Don’t be intimidated into not asking questions if you are not sure about the consequences of your vote. For example, you may want to ask, ‘If I vote “no” on the amendment, what happens to the main motion?’ That is a reasonable request for information.’

Larry Burge is a freelance writer from Sulphur Springs and a regular contributor to the Westside Eagle Observer.

Opinion, Pages 4 on 11/06/2013