HomeMy WebLinkAboutOrdinance 5446 ORDINANCE NO. 5446
AN ORDINANCE TO AMEND ARTICLE XXI RULES OF CONDUCT FOR
ALL FAYETTEVILLE BOARDS, COMMISSIONS AND COMMITTEES
TO CODIFY UNIFORM ELIGIBILITY AND ATTENDANCE
REQUIREMENTS, TO REPEAL RESOLUTION NO. 27-01 AND TO AMEND
OR REPEAL ANY CONFLICTING CODE SECTIONS
WHEREAS, on February 20, 2001, the Fayetteville City Council passed Resolution No.
27-01 "Establishing Criteria, Rules and Regulations for Appointment to City Boards and
Commissions"; and
WHEREAS, later Fayetteville Code enactments contain attendance requirements that
conflict with Resolution No. 27-01 so that this Resolution should be repealed and replaced with a
uniform eligibility and attendance requirement for all citizen volunteers on City committees,
boards and commissions.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
title of Article XXI from Rules of Conduct For All Fayetteville Boards, Commissions and
Committees to Eligibility To Serve, Attendance Requirements and Rules of Conduct For
All Citizen Volunteers Serving on City Boards,Commissions and Committees.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts the
following section into the Fayetteville Code:
"§33.329 Eligibility of Citizen Volunteers To Serve On City Boards,
Commissions and Committees.
"(A) All registered voters within the corporate limits of Fayetteville shall
be entitled to apply and, if selected by the City Nominating Committee
and approved by the City Council, shall be entitled to serve on a City
board, committee or commission. A citizen who moves out of
Fayetteville or violates the Rules of Conduct or Attendance
Requirements shall no longer be eligible to serve.
Page 2
Ordinance No. 5446
"(B) Any person who has served two consecutive full terms on any City
commission, board, or committee is not eligible for reappointment to
the same committee until one term of office has expired, unless there
is an insufficient number of applicants to fill all vacancies."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts the
following section into the Fayetteville Code:
"§33.331 Attendance requirements.
"(A) Any citizen volunteer member of any City board, commission or
committee who fails to attend at least 70% of all meetings of that
committee within a twelve month period of service shall be deemed to
have resigned from the board, commission or committee and that person's
position shall be deemed vacant.
"(B) Such citizen may petition the City Council for reinstatement by
filing a letter with the City Clerk within 20 days after notification that the
Citizen's position has been declared vacant and explaining why
extenuating circumstances justify reinstating the applicant to his or her
former position."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals all
attendance requirements for citizen volunteers on City boards, commissions and committees that
may be contrary to §33.331 and specifically repeals the following sections or subsections and
directs the appropriate renumbering of accompanying sections:
§33.018(C);
§33.111(C) and(D);
§33.283(B).
PASSED and APPROVED this day of October, 2011.
APPROVED: ATTEST:
By: Y: dl)6L
O LD JO ayor SONDRA E. SMITH, City Clerk/Treasure �"'°""'►►►►,
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FAYETfEVILLE e
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�O��e 1GT,ONesaGa°°°
AGENDA REQUEST
FOR: COUNCIL MEETING OF OCTOBER 4, 2011
FROM:
SONDRA SMITH, CITY CLERK
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend Article XXI Rules Of Conduct For All Fayetteville Boards,
Commissions And Committees To Codify Uniform Eligibility And Attendance Requirements,
To Repeal Resolution No. 27-01 And To Amend Or Repeal Any Conflicting Code Sections
APPROVED FOR AGENDA:
�'�d�
RECEIVED
N � • � 0�0/� 011
City Clerk Date SEP 12 2
C'TY OF CITY CLERKS OFFICE E
City Attorney Date
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Chief of Staff Date 2
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M yor ate
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Departmental Correspondence
ARKANSASLEGAL
• • DEPARTMENT
Kit Williams
City Attorney
TO: Mayor Jordan Jason B.Kelley
City Council Assistant City Attorney
CC: Sondra Smith, City Clerk
,r
FROM: Kit Williams, City Attorney -------__
DATE: September 12, 2011
RE: Eligibility, Rules of Conduct and Attendance Requirements for all City boards,
commissions and committees
City Clerk Sondra Smith requested that I draft a change to the Fayetteville Code to
clarify attendance requirements for citizens serving on our city committees. Resolution
No. 27-01 was passed during the last City Council meeting before I was sworn in as
Fayetteville City Attorney in 2001 and provided that:
"Absence from three consecutive meetings is considered a basis
for termination of membership on a city board or committee."
Later City Councils have strengthened the attendance requirement from that 33%
level to 70% in code sections for Planning Commission and other committees. The
eligibility to serve requirement has not apparently been codified. It would be beneficial
to our citizens to have both eligibility and attendance requirements be uniform for all
citizen committees and have those codified and, thus, on line for any citizen to review.
Therefore, I have followed City Clerk Sondra Smith's recommendation and
drafted two new code sections to be placed with the citizen Rules of Conduct section in
an Article retitled: Eligibility To Serve, Attendance Requirements and Rules of
Conduct for all Citizen Volunteers Serving on City Boards, Commissions and
Committees."
I should note that these rules cannot apply to Aldermen because state law controls
the eligibility to hold office which cannot be changed by local ordinance.
ORDINANCE NO.
AN ORDINANCE TO AMEND ARTICLE XXI RULES OF CONDUCT FOR
ALL FAYETTEVILLE BOARDS, COMMISSIONS AND COMMITTEES
TO CODIFY UNIFORM ELIGIBILITY AND ATTENDANCE
REQUIREMENTS, TO REPEAL RESOLUTION NO. 27-01 AND TO AMEND
OR REPEAL ANY CONFLICTING CODE SECTIONS
WHEREAS, on February 20, 2001, the Fayetteville City Council passed Resolution No.
27-01 `Establishing Criteria, Rules and Regulations for Appointment to City Boards and
Commissions"; and
WHEREAS, later Fayetteville Code enactments contain attendance requirements that
conflict with Resolution No. 27-01 so that this Resolution should be repealed and replaced with a
uniform eligibility and attendance requirement for all citizen volunteers on City committees,
boards and commissions.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the
title of Article XXI from Rules of Conduct For All Fayetteville Boards, Commissions and
Committees to Eligibility To Serve, Attendance Requirements and Rules of Conduct For
All Citizen Volunteers Serving on City Boards,Commissions and Committees.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts the
following section into the Fayetteville Code:
"§33.329 Eligibility of Citizen Volunteers To Serve On City Boards,
Commissions and Committees.
"(A) All registered voters within the corporate limits of Fayetteville
shall be entitled to apply and, if selected by the City Nominating
Committee and approved by the City Council, shall be entitled to serve
on a City board, committee or commission. A citizen who moves out
of Fayetteville or violates the Rules of Conduct or Attendance
Requirements shall no longer be eligible to serve.
"(B) Any person who has served two consecutive full terms on any
City commission, board, or committee is not eligible for reappointment
to the same committee until one term of office has expired, unless there _
is an insufficient number of applicants to fill all vacancies."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts the
following section into the Fayetteville Code:
"§33.331 Attendance requirements.
"(A) Any citizen volunteer member of any City board, commission or
committee who fails to attend at least 70% of all meetings of that
committee within a twelve month period of service shall be deemed to
have resigned from the board, commission or committee and that
person's position shall be deemed vacant.
"(B) Such citizen may petition the City Council for reinstatement by
filing a letter with the City Clerk within 20 days after notification that
the Citizen's position has been declared vacant and explaining why
extenuating circumstances justify reinstating the applicant to his or her
former position."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals all
attendance requirements for citizen volunteers on City boards, commissions and committees that
may be contrary to §33.331 and specifically repeals the following sections or subsections and
directs the appropriate renumbering of accompanying sections:
§33.018(C);
§33.111(C) and(D);
§33.283(B).
PASSED and APPROVED this 4th day of October, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
i
.
RESOLUTION NO. 27-01 SCq y 1 1f IVED
A RESOLUTION ESTABLISHING CRITERIA, RULES AND
REGULATIONS FOR APPOINTMENT TO CITY BOARDS AND
COMMISSIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. The following criteria should be considered when making appointments:
1. Expertise and experience in the subject matter.
2, Interest in the subject matter.
3. Balance of appointive body.
4. Registered voter within the corporate limits of Fayetteville.
5. Individual's ability to attend meetings of the appointive body.
6. Willingness to serve.
7. Specific criteria as established in the ordinance or resolution establishing such board
or commission.
Section 2. The following rules and regulations shall apply to citizen appointments to
boards and commissions:
1. Any person who has served two consecutive terms on any citizen commission or board
is not eligible for reappointment to the same group until one term of office has expired,unless there
are an insufficient number of qualified applicants to fill all vacancies.
2. The weight given to the various criteria set forth in Section 1.above shall be determined
for each board or committee appointment.
3. Moving from residence within the corporate limits of Fayetteville shall
constitute resignation of committee membership.
4� t�bsence.from.three.consecutrve meetingsyis=cons tiered°a basis itir-
termination of membeshjp'on a city board or committee.
Section 3. Any committee or board member currently serving that does not reside in the
corporate city limits of Fayetteville may continue serving until their current term expires.
res. 27—01
PASSED AND APPROVED this 20th day of February .2001.
APPROVED:
By:
Charles D. Coody,May r
ATTEST:
By:
7-4
Heather Woodruff,City Cle
FAYETTEVILLE CODE OF ORDINANCES
TITLE III ADMINISTRATION
other activities in connection with the park, letter of resignation is not accepted by the
recreation and cultural needs of the inhabitants of City Council, the position shall not be
the city, as the City Council shall from time to deemed vacant and the member shall be
time provide. reinstated to complete the normal term of
(Code 1965, §2-97; Ord. No. 1526, 1-3-67; Code 1991, appointment.
§33.017) (Code 1965,
§§2-98, 2-99; Ord. No. 1526, 1-3-67; Ord. No.
3058, 12-18-84; Ord. No. 3074, 3-19-85; Ord. No. 4290, 2-
33.018 Parks And Recreation Advisory 20-01; Code 1991, §33.018; Ord. 5023, 6-5-07; Ord. 5158,
Board 8-5-08)
(A) Composition. 33.019-33.029 Reserved
(1) The Parks and Recreation Advisory Board ARTICLE IV
shall be composed of nine members POLICE DEPARTMENT
appointed by the City Council for terms of
three years. Such terms shall be staggered 33.030 Appointment Of Chief Of Police
so that three members will be appointed
each year. The mayor is hereby authorized to appoint the chief of
police, subject to the approval of the City Council.
(2) All members of the Parks and Recreation
Advisory Board shall serve without (Code 1965, §16-1; Ord. No. 884, 3-5-45; Code 1991,
§33.030)
compensation.
Cross references)--Payment for unused sick leave,
(B) Meetings of advisory board and responsibilities. §37.03.
The Parks and Recreation Advisory Board shall
meet monthly with the director of parks and State law references)--Municipal police departments
recreation. The advisory board shall advise and generally, A.C.A. §14-52-101 et seq.; Appointment and
recommend to the director of parks and removal of department heads,A.C.A.§14-42-110.
recreation, mayor and City Council on all aspects
of parks and recreation activities. Annually, the 33.031-33.044 Reserved
advisory board shall develop a suggested work
program and operating budget to be submitted to ARTICLE V
the city by November of each year for the FIRE DEPARTMENT
subsequent year. The advisory board shall also
recommend priorities for capital improvements
and means for financing same, and shall prepare 33.045 Separate Office Of Chief Of Fire
an annual progress report on parks and Department Created
recreation activities. The separate office of chief of the fire department of
the city is hereby created, to be filled in the manner
(C) Attendance requirements for members of the provided by law.
Parks and Recreation Advisory Board.
(Code 1965, §9-1; Ord. No. 909, 3-3-47; Code 1991,
(1) Any members of the Parks and Recreation §33.045)
Advisory Board who fails to attend at least
70%of all meetings(regularly scheduled and State law reference(.)--Municipal fire departments, -
specially called) within the member's earl A.C.A., §14-53-101 et seq.; Appointment and removal of
yearly department heads,A.C.A.§14-42-110.
periods of service shall immediately tender
his or her letter of resignation and that 33.046 Providing Fire Protection
position shall be deemed vacant."
Services Outside City
(2) Any board member who has been required The city fire department shall not provide fire
to tender a letter of resignation may present protection services beyond the corporate limits and
extenuating circumstances within the letter of shall not combat any fire located outside the
resignation and request that the resignation corporate limits except pursuant to:
not be accepted by the City Council. If the
C D33:9 (A) A mutual aid agreement, approved by the City
FAYETTEVILLE CODE OF ORDINANCES
TITLE III ADMINISTRATION
33.111 Removal of Planning 56-408.
Commissioners
By a vote of two-thirds of the City Council, any ARTICLE Vlll
Planning Commissioner may be removed from the SEWER COMMITTEE
office for cause. Cause shall include, but not be
limited to,the following: 33.112 Sewer Committee
(A) Chronic discourteous behavior to other
commissioners,staff, or members of the public. (A) There is hereby established a Sewer Committee
pursuant to state law. The Sewer Committee
(B) Ongoing lack of familiarity with staff-prepared shall be composed of four aldermen who serve at
material. the pleasure of the entire City Council. The
mayor may appoint, subject to City Council
(C) Any member of the Planning Commission who approval, all members, (including replacement
fails to attend at least 70% of all meetings members)of the Sewer Committee.
-0 (regularly scheduled and specially called) within
the member's yearly periods of service shall (B) The Sewer Committee shall have all powers,
immediately tender his or her letter of resignation duties and responsibilities provided to such
and that position shall be deemed vacant. committee in A.C.A. §14-235-207, et. seq. All
actions and recommendations of the Sewer
(D) Any commission member who has been required Committee must be ratified and approved by the
to tender a letter of resignation may present City Council to become effective. The City
extenuating circumstances within the letter of Council expresses its intent to exercise its control
resignation and request that the resignation not of the Sewer Committee to the maximum extent
be accepted by the City Council. If the letter of possible pursuant to state law.
resignation is not accepted by the City Council,
the position shall not be deemed vacant and the (C) The Sewer Committee is also designated
advisory authority over the clean water system of
member shall be reinstated to complete the
normal term of appointment. the city."
(E) Planning Commissioners must attend at least (Ord.4561,4-20-04)
60%of Agenda setting sessions and tours unless
that commissioner is currently on the Subdivision 33.113-33.204 Reserved
Committee. If job requirements do not permit a
member to attend agenda meetings or tours prior ARTICLE IX
to 5:00 P.M., the meetings and tours will be TELECOMMUNICATIONS BOARD
scheduled for after normal working hours or such
member shall be excused from the requirements
of attending the agenda meetings and tours. 33.205 Purpose And Intent
It is the purpose and intent of the City Council of the
(F) Planning Commissioners shall serve on the City of Fayetteville to redefine the scope of the current
Subdivision Committee for one-third of their Telecommunications Board to advise the City Council
service on the Planning Commission when on telecommunications issues and to coordinate and
requested by the Chairman of the Planning oversee telecommunications franchise systems and
Commission. use of the public rights of way designated for public
access, educational, and governmental (PEG) use in
(G) During the second quarter of each year, Planning the City of Fayetteville as part of the city's
Staff shall designate and all Planning telecommunications infrastructure.
Commissioners shall attend one evening training
and review session to ensure the legal and (A) Definitions. For the purposes of this ordinance,the
proper functioning of the Planning Commission. following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(Code 1991, §33.204; Ord. No. 3872, §2, 2-21-95; Ord.
4544,2-17-04;Ord 5023,6-5-07) (1) Education Channels. Education channels
shall provide programming that is
State Law Reference(s)—Rules and Regulations §14- educational and informational, with an
CD33:15
(2) Assist the Fire Department with an ongoing 33.284 Officers
program of public education designed to At the first regularly scheduled meeting after the
increase public awareness of Firewise effective date of this Article,the board shall elect from
practices. among its members a chairperson and vice-
chairperson, who shall each serve a term of one (1)
(3) Plan and administer an annual Firewise year. Further, the board may elect such additional
Project. officers as it deems necessary for the proper
performance of its duties.
(4) Plan and administer an annual Firewise Day.
Composition and Terms The Ur Meetings
33.283 Com
p The Urban Forestry Advisory Board shall meet at
(A) The board shall consist of seven (7) members least once each month and may call special meetings
who shall be appointed by the City Council. if necessary to cant' out its duties. The Urban
Forestry Advisory Board sitting as the Wildland-Urban
(1) One (1) position shall be filled by a Interface: Firewise Advisory Board shall meet at least
representative from the land development twice each year. Special meetings may be called as
community;one(1)position shall be filled by needed to carry out the board's duties. A majority of
a representative of the tree service the voting membership of the board shall constitute a
community;one(1)position shall be filled by quorum.
a representative from the University of
Arkansas with knowledge of urban forestry
or arboriculture practices; and four (4)
positions shall be filled by citizens of the City
at large with an interest in urban forestry or
arboriculture
(2) In the event no application for a position as a
representative from a specified discipline is
received, the position may be filled by any
citizen of the City.
(3) Vacancies in an unexpired term shall be filled
by the City Council for the remainder of the
term at the next Council nominating process
after the vacancy shall have occurred.
(4) Members of the former Tree and Landscape
Advisory Committee serving at the time of
the adoption of this Article shall continue to
serve their respective terms as members of
the Urban Forestry Advisory Board.Terms of
membership on the board shall be for a
period of two(2)years with staggered terms
carried over from the former Tree and
Landscape Advisory Committee.
(5) The Mayor may designate city staff to assist
board in the conduct of its business.
(B) Attendance requirements.
Any member of the Urban Forestry Advisory `J rG�✓' ,
Board who fails to attend at least seventy percent
(70%) of all meetings of the board in a twelve
(12) month period, without having their absence t
excused by the board, shall have been deemed
to have vacated their position. Said vacant.
position shall be filled pursuant to subsection
(A)(3)•
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AFFIDAVIT OF PUBLICATION
"ECEIVED
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in 0 C T 3 1 2011
Washington and Benton County, Arkansas, bona fide circulation, CITY OF FAYETfEVILLE
that from my own personal knowledge and reference to the files CITY CLERK'S OFFICE
of said publication, the advertisement of-
City of Fayetteville
- O!{DINANGE NO. 5446,
Ordinance 5446 AN OR044bE„TO`AMEND°ARTICLE XXI RULES'
OF CONSIPN FOR ALL MMITTEVILLE BOARDS
COMMISSIONS AND COMMITTEES TO CODIFY
UNIFORM ELIGIBILITY'- AND ATTENDANCE
Was inserted m the Regular Editions on: REQUIREMRNiS TO,REP.EAL;RESOLUTION;N0.27 ARxANsaS
01`AND TO AtitEND OR REP L' CONFLICTING ”
October 20, 2011 CgDEsecnorvs
WHEREAS on February 20_2001,the Fayetteville City Council passed Resolution No.
27--01 'Establishing-Cfterii;Rules and Regulations for Appointment to City Boards and i
Commissions;;and
'WHEREAS;later'P6yette'vilie Code enactments contain attendance requirements that con-
fiictwRh Resolution No 27 01 so that this Resolution should be repealed and'replaced with
Publication Charges: $136.18 a uniform ellgibQity and attendance requirement for all eltizen volunteers on City committees,
g boards and commisslons'-.
:NQW THEREFORE BE 1T ORDAINED BY THECITY CQUNOIL OF THE CITY OF
�FAi''ETTEVILCE ARKANSAS:
Section 1 That the City•Couricil of the City of Fayetteville Arkansas hereby changes the.
tjtle of Artwle)OCI from Rules,of Conduct For.AIl,,FaygggyiII6 Boards Commissions-and,
Comm(ttees to EligibillryTo;Serve,Attendance Requirements and Rules cf°Conduct For All,
Citizen Volunteers.-Seryinb on City Boards Commissions and Commmees �f
Section 2 That the Clty Council of the City of Faye ttev lie Arkansas hereby enacts the fol-
f ,�� low ng section Into the Fayetteville Code
§33 329 Eligibility of C(tizan Volunteers To Serve On City Boards Commissions'and
Committees
(A) All e6&tered voters within the;cotporate Ilm�;of Fayetteville shall be ent(tied to apply
Cathy Wiles and If,selected by the City Nominating:Committtee and approved by the City Council 001
be enttled to salve on a City board,committee or`commissio» citizen who moves out
of Fayettevllla gr violates the Rules of Conduct or Attendance Requirements shall no longer
be"eligibloylIq _�'1
y persoP`.who ttas served,two consecutive flail terms on�11any CHy`corrlrnission bbar`d,.,
or committee is hot eligible for reappointmenttgPthae name comnijge,e,gntil ohe temr,of,ffjee
has`expired unless there is`an insufficiept number of applicants to fill all Yacancies
Section 3 Thatthe City Council of the City of Fayetteville Arkansas hereby enacts the fol-
Subscribed and s r to before me lowing section Into the Fayetteville Code
Thlsg(,�� JwCn¢ y � §$3,331 Attendance requirements.
!!'�day Of �" �U—� , 2011. (A),,Any ettizen;volunteer member of any City board,cornmisslon or committee wh f9I'' `
3o attend aY least 70%rof-"alT7neetings of.that committee within a twelve month period of
service shail,be'deemed tohave resigned from the,board,commission or-committee and -
that�person's positiori.shall�be deemed;vacanf.
(B)Such c(tizen meypetitl6nithe City Council for reinstatement by filing a letter with the City
Clerk w(thin 20 clays after rlot(fication that the Otiien s position has beep declared vacant
and'expla�ning why extenuating circumstances justify reinstat(ng the applicant to his ocher
Vii'��, former posltlon ,
Sectiorw 4 That the City Council of the City of 0y ft atlsas ereby repeals all atten_.
=,danoe7equirenlantsforcitizen volunteers on Cih%bo�r��s oom'�iiisslo[�sand coiimittees ttia`t
Notary Public may be contraryto,§3(3.331 and speficall oire�eais the fijlov ng s6 ions oYsubsections
and directs the appropriate renumbering',of accompanying sect ons
My p Commission Expires: §33.o16(c) 77,
§33283(8) '
PASSED anis APPROVED this 4th day,of October2011
SANDRAE SCHACHERBAUER APPROVED:'..: P ATTEST
BENTON COUNTY LIONELD JORDAN MayorSONDRA_,E SMITH,�'City CIerWTreasurer
NOTARY PUBLIC-ARKANSAS
My Commission Expires April 15,2017
Commission No.12960121
**NOTE*
Please do not pay from Affidavit. Invoice will be sent.
