HomeMy WebLinkAbout2002-06-06 - Agendas - Final FAYETTEVICLE •
THEORY OF FAYETTEWLM ARKANSAS
CITY COUNCIL
AGENDA
JUNE 6, 2002
A special City Council meeting will be held on June 6, 2002, at 7 :00p.m. in Room 219 of the
City Administration located at 113 West Mountain Street, Fayetteville, Arkansas.
1 . SELECTION OF ALDERMAN FOR WARD 3
QUESTIONS FOR APPLICANTS :
Santos: Tell us about yourself and why you want to be an alderman?
Would you like to add anything that is not on your resume?
Thiel : What issues are you most concerned about?
Young: if appointed, who would you be working for?
If you had an opinion different from that of your constituents, which way would
you vote and why?
Reynolds: What are you going to bring to the table to help this council and this mayor make
Fayetteville a better place to live?
Davis: What have you done in the last twelve months in community service?
Marr: How does your professional and personal experience qualify you to handle
financial issues?
Jordan : How would you bring high tech jobs to Fayetteville while balancing
environmental concerns?
110 WEST MOUNTAW 77701 474621.7700
FAX 4748768157
FAYETTEVIELE
THE crrY OF FAYE7TEVILLF ARKANSAS
CITY COUNCIL
AGENDA
JUNE 69 2002
A special City Council meeting will be held on June 6, 2002, at 7 :00p.m. in Room 219 of the
City Administration located at 113 West Mountain Street, Fayetteville, Arkansas.
1 . Roll call and determination of quorum to conduct business at this special city council
meeting to select an alderman for the vacant position in Ward 3 .
2. Introduction by Mayor Coody and explanation of interview procedure.
3 . Drawing of numbers by applicants.
4. Questions for Applicants. (Answers limited to two minutes.)
Santos: Tell us about yourself and why you want to be an alderman?
Would you like to add anything that is not on your resume?
Thiel : What issues arc you most concerned about?
Young: If appointed, who would you be working for?
If you had an opinion different from that of your constituents,
which way would you vote and why?
Reynolds: What are you going to bring to the table to help this council and
this mayor make Fayetteville a better place to live?
Davis: What have you done in the last twelve months in community
service?
Marr: How does your professional and personal experience qualify you
to handle financial issues?
Jordan: How would you bring high tech jobs to Fayetteville while
balancing environmental concerns?
5 . Concluding statement by applicants.
6. Discussion by Aldermen.
7. Voting by Aldem7an.
Pursuant to our Rules of Procedure H .2. :
"All positions shall be decided by majority vote of the City Council. In instances where
there is more than one nominee for a position . . . each Councilmember shall vote by naming
his or her choice for that position."
115 WEST MOUNTAIN 72701 175621-7700
FAX 175676.8267
Meeting of June 6, 2002
V
D
SANTOS
JORDAN
REYNOLDS
THIEL
YOUNG v�
MARR
DAVIS
COODY
SANTOS
JORDAN
REYNOLDS
THIEL
YOUNG
MARK
DAVIS �V
COODY
APPLICANTS
Jana Britton/
G/ Chet Caldwell
Betty Martin
Ken Myers
Robert Rhoads
Tom Bechard
i
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE. ARKANSAS
KIT WII.I.IAMS, CITY ATPORNEY
DAVID WHITAKER, ASST. CITY A'1'1'01?NEY ---
LEGAL DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
All City Council Members
Applicants for Alderman Vacancy
FROM: Kit Williams, City Attorney
DATE: June 6, 2002
RE: Procedure for selection process as directed by the City Council
The City Council has directed that the following procedure be
used tonight for the selection process for the vacant position of
Alderman.
1 . The applicants will select, by lot, their order to answer
questions. The applicants will then sit in order, but go to the podium
US answer each question and give their final statement.
2. Alderman Kevin Santos will ask the first question and the first
question will be answered by applicant #1 , followed by applicant #2
until all applicants have had a chance to respond .
3 . Alderman Brenda Thiel will then ask her question which will
be answered first by applicant #2, then applicant #3 will answer and so
on with applicant #1 going last. This process will continue with
applicant #3 going first on the third question and so on. There
will be seven questions and a final opportunity to make a statement so
everyone will go first at least once and applicants #1 and #2 will go
first twice.
4 . Each answer by an applicant is limited to NOT MORE
THAN 2 MINUTES . City Clerk Heather Woodruff will operate a
device in which an amber light will go on when you have 30 seconds
remaining and a red light will be activated when your time is up. You
may finish your sentence when the red light goes on, but then must
stop. The Mayor may also hold up a "STOP" sign if you fail to notice
the red light.
5. Following all of the applicants' final statements, the City
Council may discuss the applicants, but further questioning is not
anticipated .
6. The City Council may then vote to select the new Alderman
for Ward Three.
CITY COUNCIL
AGENDA
JUNE 612002
A special City Council meeting will be held on June 6; 2002, at 7:OOp.m. in Room 219 of the
City Administration located at 113 West Mountain Street, Fayetteville, Arkansas.
QUESTIONS FOR APPLICANTS :
Santos: Tell us about yourself and why you want to be an alderman?
Would you like to add anything that is not on your resume?
Thiel: What issues are you most concerned about?
Young: If appointed, who would you be working for?
If you had an opinion different from that of your constituents, which way would
you vote and why?
Reynolds: What are you going to bring to the table to help this council and this mayor make
Fayetteville a better place to live?
Davis: What have you done in the last twelve months in community service?
Marr: How does your professional and personal experience qualify you to handle
financial issues?
Jordan : How would you bring high tech jobs to Fayetteville while balancing
environmental concerns?
CITY COUNCIL
AGENDA
JUNE 69 2002
A special City Council meeting will be held on June 6, 2002, at 7:OOp.m. in Room 219 of the
City Administration located at 113 West Mountain Street, Fayetteville, Arkansas.
I . Roll call and determination of quorum to conduct business at this special city council
meeting to select an alderman for the vacant position in Ward 3 .
2. Introduction by Mayor Coody and explanation of interview procedure.
3 . Drawing of numbers by applicants.
4. Questions for Applicants. (Answers limited to two minutes.)
Santos: Tell us about yourself and why you want to be an alderman?
Would you like to add anything that is not on your resume?
Thiel : What issues are you most concerned about?
Young: If appointed, who would you be working for?
If you had an opinion different from that of your constituents,
which way would you vote and why?
Reynolds: What are you going to bring to the table to help this council and
this mayor make Fayetteville a better place to live?
Davis: What have you done in the last twelve months in community
service?
Marr: How does your professional and personal experience qualify you
to handle financial issues?
Jordan : How would you bring high tech jobs to Fayetteville while
balancing environmental concerns?
5. Concluding statement by applicants.
6. Discussion by Aldermen.
7. Voting by Alderman.
Pursuant to our Rules of Procedure H.2. :
"All positions shall be decided by majority vote of the City Council . In instances where
there is more than one nominee for a position . . . each Councilmember shall vote by naming
his or her choice for that position."
FAYETTEVI fLE
THI Cl" OF IATIMVIUL ARKANSAS
KIT WILLIAMS, CITY A7I7ORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
LEGAL DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
All City Aldermen
FROM: Kit Williams, City Attorney
DATE: June 3, 2002
RE: Statutory Procedural Rules for Selecting the Alderman
for the Vacant Position in Ward Three
As I explained in my March 29, 2002 memo (attached), Arkansas
Statutes provide:
" Vacancies in municipal offices which are authorized
by state law to be filled by appointment by the city or
town governing body shall require a majority vote of
the remaining members of the governing body."
A.C.A. §1442-103 (a)
As I informed you in my December 27, 2001 memo concerning the
organization of the City Council:
" As you see, you are granted the power to organize
yourselves as the City Council with the mayor being
the 'ex-officio president of the council (who) shall
preside at its meetings.' " "The mayor shall have a vote
when his vote is needed to pass any ordinance, by-law,
resolution, order or motion." A.C.A. X14-43-501 (b) (1) (B) .
Although Mayor Coody could normally vote to break a tie (say 3 to 3 with
one absent or abstaining), his inclusion as a voter would increase the number of
" members of the governing body" to eight, thus increasing the majority vote
needed to five affirmative votes to fill the alderman position. I therefore believe
his vote could not pass the motion to select a council member and thus he would
not have the statutory power to vote. (There may be some eventuality I have not
anticipated in which he could still legally vote.)
Even though the Mayor probably cannot vote, he still may properly go into
executive session with the aldermen if the aldermen chose to discuss the choice
privately (just as Mayor Hanna did on a couple of occasions) . Please remember
not to conduct any VOTING during the executive session. ALL voting must be
done in the open, public meeting.
FAYETTEVI ELE
TNf CITY Of !AY[TTEVIIIE. ARKANSAS
I
KIT WILLIAMS, CITY ATTORNEY • �,% i
DAVID WHITAKER, ASST. CITY ATTORNEY
LEGAL DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
City Council Members
FROM: Kit Williams, City Attorney �.
DATE: March 29, 2002
RE: Alderman Vacancy
After the sudden and tragic death of my friend, Alderman Trent
Trumbo, it is my sad duty to inform you the proper procedure to fill his
remaining term of office. Since Alderman Trumbo had less than one
year remaining in his current term of office, A.C.A. §14-43-411 (b) (2)
mandates that " a successor shall be chosen by a majority vote of the
members of the council."
A.C.A . §14-42-103 states that filling such a vacancy " shall require
a majority vote of the remaining members of governing body."
Assuming the City Council decides to fill this vacancy prior to
completion of the Ward Two Special Election (April 23rd) and the
probable runoff (May 14th), four votes will be needed to approve the
appointment of Alderman Trumbo's successor. If no candidate
receives more than three votes, Mayor Coody could cast the deciding
vote. If the Council waited until after the Ward Two election, four
votes would still be required, but Mayor Coody could not break a tie
unless one member abstained or was absent.
t
Whoever will be selected will have large shoes to fill: Vice
Mayor, long time Chairman of the City Council Water and Sewer
Committee, dedicated public servant, champion for the Boys and Girls
Club's new building, the new Senior Citizens Center, and the new
Wastewater Treatment Plant. Trent has left his mark upon our
hometown and will be sorely missed by all of us who had the pleasure
and privilege to serve with him.
FAYETTEVI &IE `
nn an Of rArmemu. •Rur+sAs �
Krr WILLIAMS, CITY ATTORNEY
DAVID WNITAKER, ASST. CITY ATTORNEY
LEGAL DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Dan Coody, Mayor
City Council Members
FROM: Kit Williams, City Attorney
DATE: December 27, 2001
RE: Organization of the City Council
Attached is A.C.A. §14-43-501 Organization of City Council. As
you see it requires that you " shall annually, at the first council meeting
in January, assemble and organize the city council." A.C.A. §1443-
501 (a) (1) .
Subsection (b) (2) states: " In the absence of the mayor, the council
shall elect a president pro tempore." This appears to be a position
similar or identical to what we have referred to as "Vice-Mayor." I
could find no mention in the statutes of a " Vice-Mayor."
As you see, you are granted the power to organize yourselves as
the City Council with the mayor being the "ex-officio president of the
council (who) shall preside at its meetings." "The mayor shall have a
vote when his vote is needed to pass any ordinance, by-law, resolution,
order or motion." A.C.A. §14-43-502(b) (1 ) (B) .
349 GOVERNMENT OF MUNICIPALITIES GENERALLY 14-42-104 I
3 History. Acts 1875, No. 1, § 5, p. 1; C. Cross References. Corporate author-
1 & M. Dig., § 7459; Pope's Dig., § 9492; ity of towns, § 14-45-101.
A.S.A. 1947, § 19-901.
CASE NOTES
ANALYSIS Mayors.
The mayor of a second class city is a
In Mayors.
member of the council of a second class
1 y city and thereby entitled to vote on the
In General. municipal council's ordinances. Clark v.
No one but the state may challenge the Mahan, 268 Ark. 37, 594 S.W.2d 7 ( 1980).
i e)dstence of a municipal corporation, nor Cited: Leadership Roundtable v. City of
take advantage of the abandonment of Little Rock, 499 F. Supp. 579 (E.D. Ark.
corporate rights. Town of Searcy v. 1980).
Yarnell, 47 Ark. 269, 1 S.W. 319 (1886); .
i Town of Madison v. Bond, 133 Ark. 527,
r 202 S.W. 721 ( 1918).
14-42-103. Vacancies in municipal offices.
(a) Vacancies in municipal offices which are authorized by state law
to be filled by appointment by the city or town governing body shall 1
require a majority vote of the remaining members of the governing
body. However, there must always be a majority of a quorum of the e
whole number of the governing body to fill the vacancy.
(b) The governing body may appoint any qualified elector, including
members of a governing body, to fill the vacancy. However, a member of .
n the governing body shall not vote on his own appointment.
History. Acts 1977, No. 9, §§ 1, 2; q
1981, No. 303, § 2; A.S.A. 1947, § 19-
905.1. f ,
P CASE NOTES
Resignation. officer's resignation. Hopper v. Garner, x
Arkansas law does not designate who is 328 Ark. 516, 944 S.W.2d 540 ( 1997).
$ the proper authority to accept a municipal
14-42-104. Vacancies in certain alderman positions. $:
u
{ When a vacancy occurs in any position of alderman in a city having
a population of fifty thousand (50,000) or more, according to the most
j recent federal decennial census and having a mayor-council form of
E; government in which the electors of each ward elect one ( 1) or more
aldermen, a new alderman shall be chosen in the following manner: u:
( 1) If the unexpired portion of the term of alderman exceeds one ( 1)
year, a successor shall be elected by a vote of the electors of the ward.
The city council shall order a special election to be held within sixty (60)
days of the date the vacancy occurs;
How many votes are needed to Paso an r Can the mayor be counted as pari of the
1 ordinance or resolution? quorum?
A majority of the entire council is required to pass �7
1n cities of the second dam. Ark. Code Ann S
eny 'bylaw, ordinance, resolution or order.' Ark. Code 14-44-107. Thus, on a six-member council, if only three
CX-
Ann $ 14-65-205. A majority fa whatever number it aldermen show up, the mayor could be the ' fourth'
takes to have more than half, On a five-member needed to establish a quorum in a second clew city
council, this would be three, a six-member council When can the mayor vote?
would require four and so forth.
A fairly common misconception is that all ordl- Whenever the mayors vote Is needed to pass an
nancea require a two-thirds vote to pass. This is incor ordinance, bylaw, order or resolution. Arti Code Ann
red, unless a specific etemte states otherwise. dn1e 5-14-45-105 (incorporated I (first class � tovm)e see07 (alsoecon(it6sc on
ii o. CtV of 7ivmmtn, 511 Ark. 561, 846 &WM 515 (1895).
i Frequently Asked Anple, thobvious example 1anasi -hen lets is ties, for Th
i ample. three-to-three on asix-member ooundL The
mayor could cast the fourth vote needed for passage.
Questions of Law. A tie is not the only situation in which a mayors vole
might be needed to pass, however. For example, m
question 4, we had a 5-1 vote on a six-member ooun�
The mayor's powers, a council quorum •� could be the result of absence and/or abstention
and city council matters are reviewed• of two council members We dont beva n tie, but three
votes is not enough for passage. The mayor may cast
Compiled by David Sdwea, legal Co inW, the fourth vote in order to pave the item
A Inmun Sunooae the vote in the foregoing scenario is 4-4.
I
Is either the number of votes or the numbeor
` needed for a quorum affected when voting .
to JIM a vacancy on the coundl7.
Yes as to the number :of votes, no as,w the need for a
quorum. Ark- Code Ann, S 14-48-103 Provides that a .
vacancy may be' SIIed by a "majority of a quorum of the
whole number of the governing body*
Thus, on. a six-member council three favorable votes
out of tlie.remaining flys members would.be sufficient.:
} A Gen, pp, No. 97-885. However, if the mayor
voted, four votes.would be required to Paas as there
votes in
would then be ShCpdselble e1L
[OArL
to the remalfimgmve-mauA'^Atty. Gen. Op. No. 97-485. However, if th
ted, four votes would be required to peas a
ould then be s>z possible votes in alL