GUEST OPINION BY LARRY BURGE

Wednesday, October 30, 2013

All city officials should “become familiar with their duties and responsibilities,” as suggested by and discussed in the Guidebook for Municipal Officials of Mayor/Council Cities, Revised May 2013 edition. This guidebook supplies a summary and overview of Arkansas laws which regulate how mayors and council members run the people’s business.

On Page 8, the guidebook has a diagram of a city’s mayor/council structure of government. The diagram’s top layer stands alone with the word “voters” inside a box. Below voters and on the second layer boxes include the words “Clerk or Recorder,” “Treasurer,” “Mayor” and “Council.” Directly below the mayor’s box, the words “Department Heads” stand alone inside a box.

As with any corporate structure, the top layer of the organization’s hierarchy denotes the individuals in charge. In this case, the collective group of “voters” are in charge of the city.

The guidebook refers to a mayor as the “ex-offi cio president of the council.”It explains the mayor’s overall responsibility is to “keep the city government running properly.” It goes on to explain, “This includes the mayor’s enforcing city ordinances and making sure that the residents receive maximum benefits and services for the taxes that they pay.”

The legislative duties of mayors contained in the guidebook include presiding over council meetings and voting as required to complete a quorum to pass any ordinance, bylaw, resolution or motion. Mayors may introduce ordinances or resolutions and recommend policy. However, a council quorum must adopt any mayoral suggestions by a majority vote, thus voicing their approval for it. Mayors may, however, veto any ordinance, resolution or order adopted by the council. The city’s council may override the mayor’s veto by two-thirds vote of its total members, according to the guidebook.

Another responsibility of mayors in Arkansas includes specifi c administrative duties. They must prepare and submit a budgetfor city council approval on or before December 1 of each year for city fi nances from Jan. 1 to Dec. 31 of the following year. The council must adopt a budget by February 1.

Another requirement of mayors in first class cities with 2,500 or more population calls on mayors to “submit to the city council within the first 90 days of each year a complete report on the fi nancial and administrative activities of the city,” commonly referred to as the State of the City Report. No such report is mandated in the guidebook for smaller cities and towns, such as Sulphur Springs.

Mayors are responsible for overseeing the day-today activities of the city and supervise department heads. They have the “power to appoint and remove all department heads, including police and fire chiefs, unless the city council votes to override the mayor’s action by a two-thirds majority of all its council members,” according to Page 8 of the guidebook.

The guidebook also describes the mayor’s role in appointments to city commissions.

Any person wishing to run for public offi ce or hold a non-elected position in Sulphur’s government should cozy up on a cool winter’s night with the Guidebook for Municipal Officials of Mayor/Council Cities. Anyone interested in how their government officials should work for them should also become familiar with the laws, recommendations and suggestions referenced in the guidebook.

The guidebook carries this disclaimer, “The information contained in this book is not intended as legal advice for any specifi c case.”

To download a free copy of this guidebook anyone can log on to the Municipal League’s website www.arml. org and click on its “Publications” link.

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

Opinion, Pages 4 on 10/30/2013