HomeMy WebLinkAboutOrdinance 825 ORDINANCE NO . �� S✓
AN ORDINANCE TO PROVIDE. FOR THE EMPLOYMENT ,
SUSPENSION AND DISCHARGE OF MEMBERS OF THE
POLICE DEPARTMENT AND FIRE DEPARTMENT OF
THE CITY OF FAYEPTEVILLE , REPEALING ALL LAWS
OR ORDINANCES IN CONFLICT HEREWITH AND FOR
OTHER PURPOSES .
WHEREAS , under the terms of Act 28 of the Acts of the General
Assembly of the State of Arkansas for the year 1933 , a so- called
civil service was set up for the Police and Fire Departments of
cities of the First Class , and
WHEREAS , under Section 18 of said act the question of whether
or not any city shall operate under said act , may be submitted to
the electors of such city for approval or rejection , and
WHEREAS , under the holding of the Supreme Court of Arkansas in
the case of Stockburger vs . Cruse , 191 Ark , page 822 , that Court said
that Section 18 of said Act was, in recognition of the rights of
municipalities to regulate their own affairs under Amendment No . 7
to the 0041stitution of the State of Arkansas , and
i?HEREAS, under the authority of said Section 18 , the question
of whether or not said act should apply to the Police and Fire
Department of the City of Fayetteville , was submitted to the electors
of the City of Fayetteville , Arkansas , at the annual election held
in April , 1934 , at which election said Act was approved by a majority
of those voting on the question and by said approval became effective
as to the Police and Fire Departments of the City of Fayetteville ,
and
WHEREAS , the approval of said Act 28 by the voters of Fayetteville
was such an approval as is contemplated by Amendment No . 7 to the
Constitution of the State of Arkansas , and
7HEREAS , Amendment No . 7 contains among other provisions , the
following : " Amendment and Repeal- -No measure approved by a vote of
the people shall be amended or repealed by * * * any City Council ,
except upon a yea and nay vote on roll call of two- thirds of all /vi!C„OFILMEp
members elected to * * * the City Council , * * * . �� and RATE OCT
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??HEREAS , under the procedure followed in the City of Fayetteville ,
an approval by the voters was necessary before said Act could become
effective ; and that said Act , depending upon the approval by the voters ,
became subject to repeal by a two- thirds majority of the members _elected
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to the City Council ; and
WHEREAS , the City of Fayetteville has tried for five years to
operate under the terms of Act 28 aforesaid , and _ has found that said
Act cannot be satisfactorily adapted to conditions as they exist in
the City of Fayetteville ;
NOW, THEREFORE , BE IT ORDAINED by the City Council of the City
of Fayetteville , Arkansas :
SECTION I . The mayor shall supervise the conduct of all members
of the Police and Fire Departments of the City of Fayetteville and
shall choose and appoint the Chief of the Police Department and the
Chief of the Fire Department who shall hold their offices until the
following election for mayor , and until their successors are appointed
by the incoming mayor , unless sooner removed for cause ; provided this
Section shall not prohibit the mayor from choosing and appointing a
Chief of Police and a Chief of the Fire Department for a period less
than the term for which the mayor is elected .
SECTION II . The mayor shall have the right to suspend for
inefficiency , misconduct , or neglect of duty , the Chief of the Police
Department and Chief of the Fire Department until the next regular ,
or adjourned, or special meeting of the City Council ; at which
meeting he shall lay the matter before the City Council ; and unless
his action be approved and the chief be removed from office at such
meeting within five days trhereafter , by a vote of a majority of the
council elect , the suspension shall cease ; provided , no officer
shall twice be suspended for the same cause .
SECTION III . The Chiefs of Police and Fire Department may
suspend for inefficiency or misconduct any subordinate in their
departments , and it shall be their duty to forthwith report their
action to the mayor with reasons for suspensions , with recommendations ,
and the mayor shall have power on recommendation alone of the Chiefs
of the Police and Fire Department to remove any subordinate member
of the police and fire departments .
SECTION IV . This ordinance is hereby declared to be severable ,
and if any part , section , paragraph , sentence , clause or phrase of
this ordinance is held to be unconstitutional or in violation of any
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state law, if applicable , the remaining parts of this ordinance
shall not be affected thereby ,
SECTION V . All laws , parts of laws , ordinances or parts of
ordinances in conflict herewith are hereby repealed and especially
Act 28 of the Acts of the General Assembly for the year 1933 ,
approved by the voters of Fayetteville at the general election held
on April 3 , 1934 ; and it appearing that there is much confusion in
the Police and Fire Departments of the City of Fayetteville , because
the present system of operating the Police and Fire Departments are
not designed for , and adaptable to conditions within the City of
Fayetteville and much dissention and justifiable criticism has arisen
by reason of the short - comings of Act 28 , approved by the voters ;
and this ordinance being necessary for the preservation of the public
peace , health and safety , an emergency is hereby declared to exist
and this ordinance shall take effect and be in full force from and
after its passage , approval and publication .
Passed and approved
Mayor .
Attest :
City Clerk .
Published in Northwest Arkansas Times _ day of l
1939 .
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