HomeMy WebLinkAboutORDINANCE 6196113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance:6196
File Number: 2019-0363
AMEND CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND
AUTHORITIES:
AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND
AUTHORITIES OF THE FAYETTEVILLE CITY CODE TO EXPAND OPPORTUNITIES FOR
FAYETTEVILLE RESIDENTS TO SERVE ON CITY BOARDS, COMMISSIONS AND COMMITTEES
WHEREAS the City of Fayetteville has established several boards and commissions to convene experts
and interested parties from our community to research and discuss issues, and to advise the council on a
variety of specialized topics; and
WHEREAS the City Council believes our community is enriched when our policy discussions include
the diverse experiences of community members from different races and cultures; and
WHEREAS the current requirement that applicants for volunteer boards and commissions be "registered
voters" excludes many legal residents with long-term investments in Fayetteville or who may have expertise
in a certain field; and
WHEREAS the City Council has the authority to establish the criteria for appointment to those boards
and commissions not otherwise specified in state law; and
WHEREAS the City Council on April 3, 2018, voted unanimously to adopt the Welcoming Plan,
including its first recommendation to "Explore barriers and encourage civic engagement for new
Americans who wish to participate in boards, committees, commissions and other leadership positions."
Page 1 Printed on 7/3/19
File Number.' 2019-0363
Ordinance 6196
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 repeals subsection (A) of
§33.329 in Article XXI - Rules of Conduct for All Fayetteville Boards, Commissions and Committees
and enacts a new § 33.329(A) as follows:
"33.329 - Eligibility Of Resident Volunteers To Serve On City Boards, Commissions And Committees
(A) All Fayetteville residents who are legally authorized to live or work in the United States 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, commission, or committee.
1) Exceptions. Only registered voters within the corporate limits of Fayetteville shall be
eligible to serve on the following boards, commissions or committees:
a) Fayetteville Public Library Board of Trustees
b) Historic District Commission
c) Northwest Arkansas Regional Airport Authority
d) Planning Commission
e) Civil Service Commission
f) Energy Improvement District No. 1
2) Any person serving on a board, commission or committee who moves out of
Fayetteville or violates the Rules of Conduct or Attendance Requirements shall no
longer be eligible to serve.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends and supersedes
Resolution 14-01, which governs the Airport Board, and Resolution 179-12, which governs the Keep
Fayetteville Beautiful Commission to the extent that the provisions for the composition of members
conflicts with Section 1 of this Ordinance.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D) of
§33.351 Composition in Article XXIII Active Transportation Advisory Committee and enacts a new
§33.351(D) as follows:
"(D) Five (5) voting members shall be residents of the City of Fayetteville, and appointed by the City
Council, at least one (1) of whom shall represent a bicycle advocacy organization;"
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals §33.371
Composition and Term in Article XXV Audit Committee and Internal Auditor and enacts anew
§33.371 as follows:
"The Audit Committee shall include one (1) City Council member appointed by the Mayor and three
(3) residents of Fayetteville, at least one (1) of which shall be a Certified Public Accountant. The three
(3) residents shall serve three (3) year terms of office."
Page 2 Printed on 7/3/19
File Number: 2019-0363
Ordinance 6196
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of
§33.241 Membership; Terms in Article XI Environmental Action Committee and enacts a new
§33.241(A) as follows:
"(A) Membership: Such Committee membership shall be composed of the follo\k ing:
(1) One (1) City Council member
(2) One (1) member from local industry
(3) One (1) member from a science discipline
(4) Eight (8) residents at large
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B) of
§33.340 Arts Council Established; Membership of Article XXII Arts Council and enacts a new
§33.340(B) as follows:
"(B) The members of the Fayetteville Arts Council shall be arts professionals or residents of diverse
backgrounds with strong links to the Fayetteville arts and cultural community. At least four (4) members
shall be artists working professionally in their field."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D) of
§33.361 Composition of Article XXIV Town and Gown Advisory Committee and enacts a new
§33.361(D) as follows:
"(D) Two (2) members shall be residents at large from different wards appointed by the City Council."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (A)
(1) and (A)(2) of §33.283 Composition and Terms of Article XV Urban Forestry Advisory Board and
enacts a new §33.283(A)(1) and (A)(2) as follows:
"(A) The board shall consist of seven (7) members who shall be appointed by the City Council.
(1) One (1) position shall be filled by a representative from the land development community; one
(1) position shall be filled by a representative of the tree service community; one (1) position
shall be filled by a representative from the University of Arkansas with knowledge of urban forestry
or arboriculture practices; and four (4) positions shall be filled by residents 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 resident of the city."
Page 3 Printed on 713119
File Number. 2019-0363
Ordinance 6196
PASSED and APPROVED on 7/2/2019
Attest:
Sondra E. Smith, City Clerk Treasure
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Page 4 Printed on 713119
City of Fayetteville, Arkansas 113 West Mountain Street
- Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0363
Agenda Date: 7/2/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 2
AMEND CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES:
AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND
AUTHORITIES OF THE FAYETTEVILLE CITY CODE TO EXPAND OPPORTUNITIES FOR
FAYETTEVILLE RESIDENTS TO SERVE ON CITY BOARDS, COMMISSIONS AND
COMMITTEES
WHEREAS the City of Fayetteville has established several boards and commissions to convene experts and
interested parties from our community to research and discuss issues, and to advise the council on a variety of
specialized topics; and
WHEREAS the City Council believes our community is enriched when our policy discussions include the
diverse experiences of community members from different races and cultures; and
WHEREAS the current requirement that applicants for volunteer boards and commissions be "registered
voters" excludes many legal residents with long-term investments in Fayetteville or who may have expertise in a
certain field; and
WHEREAS the City Council has the authority to establish the criteria for appointment to those boards and
commissions not otherwise specified in state law; and
WHEREAS the City Council on April 3, 2018, voted unanimously to adopt the Welcoming Plan, including its
first recommendation to "Explore barriers and encourage civic engagement for new Americans who wish to
participate in boards, committees, commissions and other leadership positions."
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 repeals subsection (A) of
§33.329 in Article XXI - Rules of Conduct for All Fayetteville Boards, Commissions and Committees
and enacts a new § 33.329(A) as follows:
"33.329 - Eligibility Of Resident Volunteers To Serve On City Boards, Commissions And Committees
City of Fayetteville, Arkansas Page 1 Punted on 7/312019
File Number: 2019-0363
(A) All Fayetteville residents who are legally authorized to live or work in the United States 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, commission, or committee.
1) Exceptions. Only registered voters within the corporate limits of Fayetteville shall be eligible to
serve on the following boards, commissions or committees:
a) Fayetteville Public Library Board of Trustees
b) Historic District Commission
c) Northwest Arkansas Regional Airport Authority
d) Planning Commission
e) Civil Service Commission
f) Energy Improvement District No. 1
2) Any person serving on a board, commission or committee who moves out of Fayetteville or
violates the Rules of Conduct or Attendance Requirements shall no longer be eligible to serve.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends and supersedes
Resolution 14-01, which governs the Airport Board, and Resolution 179-12, which governs the Keep
Fayetteville Beautiful Commission to the extent that the provisions for the composition of members conflicts
with Section 1 of this Ordinance.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D) of §33.351
Composition in Article XXIII Active Transportation Advisory Committee and enacts a new §33.351(D)
as follows:
"(D) Five (5) voting members shall be residents of the City of Fayetteville, and appointed by the City Council,
at least one (1) of whom shall represent a bicycle advocacy organization;"
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals §33.371 Composition
and Term in Article XXV Audit Committee and Internal Auditor and enacts a new §33.371 as follows:
"The Audit Committee shall include one (1) City Council member appointed by the Mayor and three (3)
residents of Fayetteville, at least one (1) of which shall be a Certified Public Accountant. The three (3) residents
shall serve three (3) year terms of office."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of §33.241
Membership; Terms in Article XI Environmental Action Committee and enacts a new §33.241(A) as
follows:
"(A) Membership: Such Committee membership shall be composed of the following:
(1) One (1) City Council member
(2) One (1) member from local industry
(3) One (1) member from a science discipline
(4) Eight (8) residents at large
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (B) of §33.340
Arts Council Established; Membership of Article XXII Arts Council and enacts a new §33.340(B) as
follows:
"(B) The members of the Fayetteville Arts Council shall be arts professionals or residents of diverse
City of Fayetteville, Arkansas Paget Printed on 713/2019
File Number 2019-0363
backgrounds with strong links to the Fayetteville arts and cultural community. At least four (4) members shall be
artists working professionally in their field."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D) of §33.361
Composition of Article XXIV Town and Gown Advisory Committee and enacts a new §33.361(D) as
follows:
"(D) Two (2) members shall be residents at large from different wards appointed by the City Council."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections (A)(1) and
(A)(2) of §33.283 Composition and Terms of Article XV Urban Forestry Advisory Board and enacts a
new §33.283(A)(1) and (A)(2) as follows:
"(A) The board shall consist of seven (7) members who shall be appointed by the City Council.
(1) One (1) position shall be filled by a representative from the land development community; one (1)
position shall be filled by a representative of the tree service community; one (1) position shall be filled
by a representative from the University of Arkansas with knowledge of urban forestry or arboriculture
practices; and four (4) positions shall be filled by residents 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 resident of the city."
City of Fayetteville, Arkansas Page 3 Printed on 71312019
Legistar ID No.: 2019-0363
AGENDA REQUEST FORM
FOR: Council Meeting of June 18, 2019
FROM: City Council Member Kyle Smith
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS,
COMMISSIONS, AND AUTHORITIES OF THE FAYETTEVILLE CITY CODE TO
EXPAND OPPORTUNITIES FOR FAYETTEVILLE RESIDENTS TO SERVE ON CITY
BOARDS, COMMISSIONS AND COMMITTEES
APPROVED FOR AGENDA:
Asst. City Attorney Blake Pennington
Approved as to form
Date
01/1
Date
ICA
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
FROM: Blake Pennington, Assistant City Attorney_-
DATE: June 11, 2019
RE: Qualifications to serve on City boards and commissions
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
Not long after Mayor Jordan announced in his 2017 State of the City address his
intention to create a Welcoming Fayetteville Plan I was asked to research the
legality of allowing Fayetteville residents who are not registered voters for one
reason or another to serve on the City's various boards and commissions.
Council Member Kyle Smith's request to sponsor an ordinance implementing
that particular portion of the Welcoming Plan prompted me to again review the
relevant state statutes and our City Code to determine to what extent this can be
enacted.
Currently, Fayetteville City Code § 33.329 restricts appointments to City boards,
commissions or committees to "registered voters within the corporate limits of
Fayetteville." In addition, most city boards, committees, and commissions have
been codified and some of those contain a citizenship requirement separate from
the general rule in § 33.329 that must be amended.
The City Council has full authority to control the composition of City -created
boards which include: Active Transportation Advisory Committee, Airport
Board, Animal Services Advisory Board, Audit Committee, Civil Rights
Commission, Environmental Action Committee, Fayetteville Arts Council, Keep
Fayetteville Beautiful Committee, Parks & Recreation Advisory Board, Town &
Gown Advisory Committee, and the Urban Forestry Advisory Board.
The NWA Regional Planning Commission is a "maybe" only because I have not
been able to find the interlocal agreement governing the qualifications of
members. The City is entitled to appoint three members, though all of them have
historically been elected officials or staff members. Currently Mayor Jordan,
Development Services Director Garner Stoll, and City Engineer Chris Brown
represent the City on this Commission.
A non -citizen would be eligible to serve on some statutorily authorized boards
and commissions. I discuss each of the boards created under the authority of
state law below and have broken them into two parts: 1) a list of boards on which
non -citizens could serve if the City Code (and in one case, an agreement with
another city) is changed; and 2) a list of board on which non -citizens are not
eligible to serve because of state law:
I. Non -Citizens Could be Eligible to Serve with Some Restrictions
Advertising and Promotion Commission
Ark. Code Ann. §26-75-605 authorized the City to create the Fayetteville A&P
Commission, which was done in 1977. Two commissioners "shall be members of
the governing body" and, therefore, must be citizens of Fayetteville. The
remaining members do not have the same requirement. "Four members shall be
owners or managers of businesses in the tourism industry, and the owner or
manager shall reside in the levying municipality, or if the governing body of
the municipality provides for by ordinance, the owner or manager may reside
outside of the municipality but within the county where the municipality is
located." Finally, "one member shall be from the public at large who shall
reside within the levying municipality or in the county of the levying
municipality." This statute only contains a residency requirement; therefore, the
five non -city council positions could be filled by non -citizens as long as they
meet the residency requirement established by ordinance.
Board of Adjustment
Ark. Code Ann. § 14-56-416 authorized the City to establish the Board of
Adjustment for zoning appeals and contains no language restricting membership
to citizens. Subsection (b) provides that the City's zoning ordinance "shall
provide for a board of zoning adjustment, which may either be composed of at
2
least three (3) members, or the [planning] commission as a whole may sit as the
board of zoning adjustment." Since the City has established a separate Board of
Adjustment, the restrictions that apply to the Planning Commission (discussed
below) do not apply.
Construction Board of Adjustments & Apyeals
The Construction Board of Adjustments & Appeals was first created in 1976 and
continues under the authority of Section 113 of the 2012 Arkansas Fire
Prevention Code, Volume II - Building. The qualifications it sets forth for
members are that they "be appointed by the applicable governing authority and
shall hold office at its pleasure" and that its members "are qualified by
experience and training to pass on matters pertaining to building construction
and are not employees of the jurisdiction."
Energy Improvement District No. 1
Ark. Code Ann. § 8-15-108 governs the membership of an energy improvement
district board of directors. For a district composted of one or more cities,
subsection (b)(4) provides that members include (A): the mayor or his or her
designated representative of each city that is a member of the district"; and (B):
"...additional members shall be appointed as specified in the agreement
establishing the district until a total of seven directors has been appointed."
Subsection (c) requires that the designated representative of a mayor "shall be a
qualified elector of the jurisdiction that the designated representative is
appointed to represent."
Even though the state law does not restrict appointments to citizens or electors,
our agreement that is in place with the City of Springdale, which was authorized
by Ord. 5883, provides that the four Fayetteville members "shall be qualified
electors of the District chosen by the Fayetteville City Council." This agreement,
and the ordinance, would have to be amended with the consent of Springdale to
allow a non -elector to be appointed.
Housing Authority Board of Commissioners
Ark. Code Ann. § 14-169-208 provides for the appointment of Housing Authority
commissioners, though appointments to vacancies are made by the board itself
191
rather than the City Council. The appointments are, however, subject to
confirmation by the City Council. This statute contains no requirement that a
commissioner be a citizen or elector in order to serve. However, if the board ever
votes to pay compensation to a commissioner, as authorized by A.C.A. § 14-169-
208(e), then the commissioners would have to have some form of work
authorization.
Public Facilities Board
Ark. Code Ann. §14-137-108 provides that members of the Public Facilities Board
"are not required to be residents" but they must take an oath of office in which
he or shall "shall swear to support the Constitution of the United States and the
Constitution of the State of Arkansas and to discharge faithfully his or her duties
in the manner provided by law."
Washington County Regional Ambulance Authority Board
The Washington County Regional Ambulance Authority Board, which oversees
the operations of Central EMS, is governed by an interlocal agreement with
Washington County. The agreement provides for two Fayetteville appointees, at
least one of whom must be a City Council member. There is no citizen or elector
requirement for the second appointee but I believe this position has traditionally
been filled by the Fire Chief.
II. Non -Citizens Ineligible to Serve Pursuant to State Statute
Fayetteville Public Library Board of Trustees
Ark. Code Ann. § 12-3-502 provides that the "trustees shall be chosen from the
citizens at large with reference to their fitness for office." I do not believe state
law will allow the appointment of a non -citizen to the Library Board of Trustees.
Historic District Commission
Ark. Code Ann. § 14-172-206, which governs the appointment of members to the
Historic District Commission, provides that "commission members shall: (i) be
appointed by the mayor, subject to confirmation by the governing body of the
city; (ii) be electors of the municipality; and (iii) hold no salaried or elective
municipal office.
Northwest Arkansas Regional Airport Authority
The NWA Regional Airport Authority Board was created under the authority of
Ark. Code Ann. § 14-362-105. Fayetteville participates along with Springdale,
Bentonville, Rogers, Siloam Springs, Washington County and Benton County.
The members of the board "shall be bona fide residents and qualified electors of
the... municipality which the members represent."
Plan�in� Comi�zission
Ark. Code Ann. § 14-56-405, which governs the appointment of members to the
Planning Commission, provides in subsection (a) that appointment and terms of
the members of the planning commission shall be as provided by city
ordinance." However, subsection (b) goes on to state that the City Council "may
appoint one-third (1/3) of the membership of the commission from electors
living outside the corporate limits of the municipality but within the recorded
planning jurisdiction of the municipality." While no case law has addressed the
issue, the requirement that a non-resident Planning Commissioner must be an
"elector" leads me to conclude that a resident Planning Commissioner must also
be an elector.
Even if a non -citizen or a person not registered to vote in Faetteville could serve
on the Planning Commission, he or she would be required to have some form of
work authorization since it is a paid position.
Civil Service Commission
Ark. Code Ann. § 14-51-201, which governs the appointment of Civil Service
Commissioners, provides in subsection (a) that "the city's governing body shall
name by ordinance five (5) upright and intelligent citizens of their cities as a
board of civil service commissioners for the police and fire departments..."
Subsection (c)(1) authorized the City of Fayetteville to add up to two more
members, which is why we currently have a Commission of seven.
5
ORDINANCE NO. _61q.L
AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS,
COMMISSIONS, AND AUTHORITIES OF THE FAYETTEVILLE CITY CODE TO
EXPAND OPPORTUNITIES FOR FAYETTEVILLE RESIDENTS TO SERVE ON CITY
BOARDS, COMMISSIONS AND COMMITTEES
WHEREAS the City of Fayetteville has established several boards and commissions to convene
experts and interested parties from our community to research and discuss issues, and to advise
the council on a variety of specialized topics; and
WHEREAS the City Council believes our community is enriched when our policy discussions
include the diverse experiences of community members from different races and cultures; and
WHEREAS the current requirement that applicants for volunteer boards and commissions be
"registered voters" excludes many legal residents with long-term investments in Fayetteville or
who may have expertise in a certain field; and
WHEREAS the City Council has the authority to establish the criteria for appointment to those
boards and commissions not otherwise specified in state law; and
WHEREAS the City Council on April 3, 2018, voted unanimously to adopt the Welcoming Plan,
including its first recommendation to "Explore barriers and encourage civic engagement for new
Americans who wish to participate in boards, committees, commissions and other leadership
positions."
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 repeals subsection
(A) of §33.329 in Article XXI — Rules of Conduct for All Fayetteville Boards, Commissions
and Committees and enacts a new § 33.329(A) as follows:
"33.329 - Eligibility Of Resident Volunteers To Serve On City Boards, Commissions And
Committees
(A) All Fayetteville residents 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, commission, or committee.
1) Exceptions. Only registered voters within the corporate limits of Fayetteville shall
be eligible to serve on the following boards, commissions or committees:
a) Fayetteville Public Library Board of Trustees
b) Historic District Commission
c) Northwest Arkansas Regional Airport Authority
d) Planning Commission
e) Civil Service Commission
f) Energy Improvement District No. 1
2) Any person serving on a board, commission or committee who moves out of
Fayetteville or violates the Rules of Conduct or Attendance Requirements shall no
longer be eligible to serve.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends and
supersedes Resolution 14-01, which governs the Airport Board, and Resolution 179-12, which
governs the Keep Fayetteville Beautiful Commission to the extent that the provisions for the
composition of members conflicts with Section 1 of this Ordinance.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection
(D) of §33.351 Composition in Article XXIII Active Transportation Advisory Committee and
enacts a new §33.351(D) as follows:
"(D) Five (5) voting members shall be residents of the City of Fayetteville, and appointed by the
City Council, at least one (1) of whom shall represent a bicycle advocacy organization;"
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals §33.371
Composition and Term in Article XXV Audit Committee and Internal Auditor and enacts a
new §33.371 as follows:
"The Audit Committee shall include one (1) City Council member appointed by the Mayor and
three (3) residents of Fayetteville, at least one (1) of which shall be a Certified Public Accountant.
The three (3) residents shall serve three (3) year terms of office."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection
(A) of §33.241 Composition in Article XI Environmental Action Committee and enacts a new
§33.241(A) as follows:
"(A) Membership: Such Committee membership shall be composed of the following:
(1) One (1) City Council member
(2) One (1) member from local industry
(3) One (1) member from a science discipline
(4) Eight (8) residents at large
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection
(B) of §33.340 Arts Council Established; Membership of Article XXII Arts Council and enacts
a new §33.340(B) as follows:
"(B) The members of the Fayetteville Arts Council shall be arts professionals or residents of
diverse backgrounds with strong links to the Fayetteville arts and cultural community. At least
four (4) members shall be artists working professionally in their field."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection
(D) of §33.361 Composition of Article XXIV Town and Gown Advisory Committee and enacts
a new §33.361(D) as follows:
"(D) Two (2) members shall be residents at large from different wards appointed by the City
Council."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsections
(A)(1) and (A)(2) of §33.283 Composition and Terms of Article XV Urban Forestry Advisory
Board and enacts a new §33.283(A)(1) and (A)(2) as follows:
"(A) The board shall consist of seven (7) members who shall be appointed by the City Council.
(1) One (1) position shall be filled by a representative from the land development community;
one (1) position shall be filled by a representative of the tree service community; one (1)
position shall be filled by a representative from the University of Arkansas with knowledge
of urban forestry or arboriculture practices; and four (4) positions shall be filled by
residents 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 resident of the city."
PASSED and APPROVED this 18t" day of June, 2019.
APPROVED:
IN
LIONELD JORDAN, Mayor
ATTEST:
LM
SONDRA SMITH, City Clerk/Treasurer
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
FROM: Blake Pennington, Assistant City
DATE: June 24, 2019
RE: Non -Citizen Qualifications to
commissions
Kit Williams
Cit), Attorney
Blake Pennington
Assistant City Attornr,y
Jodi Batker
Attor
serve on City boards and
As we discussed at the City Council meeting on June 18, the Arkansas
General Assembly earlier this year passed Act 1076 of 2019, entitled "An
Act to Prohibit Municipal Sanctuary Policies." A copy of the Act is attached
for your reference. The Act lists six types of "sanctuary policies" the
enactment or adoption of which would lead to Fayetteville (or any city)
becoming ineligible to receive discretionary moneys from the state. As our
Finance Director stated, depending on how "discretionary moneys" is
defined, that could be several million dollars cut from our budget.
Of greatest concern to our office, the Sanctuary Cities Act prohibits a policy
that "grants to illegal immigrants the right to lawful presence or status
within the municipality in violation of federal law." A.C.A. § 14-1-103(b)(2),
Lawful presence or status is not defined by the statute and, unfortunately,
the statute grants to the Attorney General the authority to determine
whether an ordinance or policy is in violation of the Act. The statute
provides for an appeal of the Attorney General's opinion to the Pulaski
County Circuit Court but, presumably, the state discretionary funds could
continue to be withheld during the pendency of an appeal.
Page Two - Non -Citizen Qualifications to
Serve on City boards and commissions
The proposed amendments to Chapter 33 of the City Code would make
any person who resides in the City of Fayetteville eligible for appointment
to most of the City's boards, committees, and commissions. It is possible
that an undocumented person could apply and be appointed to one of
several volunteer boards, some of which are considered "governing
bodies" by the Freedom of Information Act, meaning those boards have
final decision-making authority over certain matters. These include the
Board of Adjustment, the Advertising & Promotion Commission, the
Construction Board of Adjustment & Appeals, and the Arts Council.
While we feel confident we would prevail with such an ordinance in court,
we do not feel that same confidence in the Attorney General's opinion if we
are challenged. I have not reviewed the letter from Governor Hutchinson
that Ms. Reith mentioned at the last meeting but I'm not sure that alleviates
our concerns because the Attorney General is a separately elected office
that does not answer to the Governor.
Until the issues with this terrible law have been cleared up, we recommend
amending the ordinance to state that all Fayetteville residents who are
legally authorized to live or work in the United States are eligible to
apply for and serve on most City boards, committees, and commissions.
Stricken language would be deleted from and underlined language would be added to present law.
Act 1076 of the Regular Session
1 State of Arkansas
2 92nd General Assembly
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Regular Session, 2019
By: Senator G. Stubblefield
As Engrossed: S413119
A Bill
For An Act To Be Entitled
SENATE BILL 411
AN ACT TO PROHIBIT MUNICIPAL SANCTUARY POLICIES; AND
FOR OTHER PURPOSES.
Subtitle
TO PROHIBIT MUNICIPAL SANCTUARY POLICIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Effective January 1, 2020, Arkansas Code Title 14, Chapter
1, Subchapter 1, is amended to add an additional section to read as follows:
14-1-103. Sanctuary policies prohibited.
(a)(1) A municipality shall not enact or adopt a sanctuary policy.
(2) A municipality that enacts or adopts a sanctuary policy is
ineligible for discretionary moneys provided through funds or grants
administered by the state until the sanctuary policy is repealed or no longer
in effect.
_(b) As used in this section, "sanctuary policy" means an order,
ordinance, or law enforcement policy, whether formally enacted or informally
adopted by custom or practice, that:
(1) Limits or prohibits a municipal official or person employed
by the municipality from communicating or cooperating with federal agencies
or officials to verify or report the immigration status of a person within
the municipality;
(2) Grants to illegal immigrants the right to lawful presence or
status within the municipality in violation of federal law;
Violates 8 U.S.C. 6 1373, as in effect January 1, 2019
(4) Restricts or imposes any conditions upon the municipality's
04-03-2019 09:21:33 KLC234
As Engrossed: S4/3/19 SB411
1 cooperation or compliance with detainers or other requests from United States
2 Immigration and Customs Enforcement to maintain custody of an immigrant or to
3 transfer an immigrant to the custody of United States Immigration and Customs
4 Enforcement;
5 (5) Requires United States Immigration and Customs Enforcement
6 to obtain a warrant or demonstrate more than probable cause before complying
7 with detainers or other legal and valid requests from United States
8 Immigration and Customs Enforcement to maintain custody of an immigrant or to
9 transfer an immigrant to the custody of United States Immigration and Customs
10 Enforcement; or
11 (6) Prevents law enforcement officers from asking a person about
12 his or her citizenship or immigration status.
13 _(c)(1) Upon receiving a complaint from a resident of the state of a
14 violation of this section by a municipality, the Attorney General shall issue
15 an opinion stating whether the municipality is in violation of this section
16 (2) If the Attorney General issues an opinion stating that the
17 municipality has enacted or adopted a sanctuary policy that violates this
18 section, the municipality is ineligible to receive discretionary moneys
19 provided through funds or grants administered by the state until the Attorney
20 General certifies that the sanctuary policy is repealed or no longer in
21 effect.
22 (d)(1) Before the provision of funds or the award of grants is made to
23 a municipality, a member of the General Assembly may re est that the
24 Attorney General issue an opinion stating whether the municipality has
25 current policies in violation of this section
26 (2) A municipality deemed ineligible for discretionary moneys
27 under this section is ineligible to receive discretionary moneys provided
28 through funds or grants administered by the state until the Attorney General
29 certifies that the municipality is in full compliance with this section
30 fe) A municipality may appeal a decision of the Attorney General under
31 this section to the Pulaski County Circuit Court
32 _(f) Records created in connection with administrative investigations
33 related to this section are not subject to the Freedom of Information Act of
34 1967, § 25-19-101 et seq.
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04-03-2019 09:21:33 KLC234
As Engrossed: 54/3/19
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SB411
/s/G. Stubblefield
APPROVED: 4/17/19
3 04-03-2019 09:21:33 KLC234
STATE of ARKANSAS
ASA HUTCHINSON
GOVERNOR
April io, 2o19
Dear Members of the General Assembly:
In light of the vigorous debate and public comment on SB411, An Act to Prohibit
Municipal Sanctuary Policies, it is appropriate and necessary for me to set forth my
views on this legislation.
I generally support a prohibition on sanctuary policies and notwithstanding the
concerns expressed in this statement, I will be signing SB411 into law.
In my public comments, I made the case for an amendment to require probable
cause before a law enforcement officer questions a resident about immigration status or
documents. This change in language was not added to the bill, and by the time the bill
was brought up in committee, it was too late in the session to offer an amendment and
still get through both chambers of the General Assembly before adjournment.
The bill defines a sanctuary policy as any order or policy that:
1. Prohibits municipal officials in communicating and cooperating with federal
agencies to verify immigration status.
2. Grants to illegal immigrants the right to lawful presence or status in violation
of federal law.
3. Restricts cooperation with federal immigration detainers or other federal law
enforcement requests.
Each of these policies is contrary to the cooperative spirit between federal and
local law enforcement agencies that is necessary to support the rule of law. As a former
official that led our immigration enforcement efforts, I fully support this cooperation
between federal, state, and local authorities in the enforcement of our laws.
However, the following language defining a prohibited sanctuary policy is
inadequate to protect our citizens:
i0O iVpi7Gl:1�( ti1k[LT, SIIIE �?� • L�?? ! Et+:;.r,.Ai. , �.'.O1
ern0r.arkIII "as.� uc
CityClerk
From: Mayor
Sent: Wednesday, July 03, 2019 8:05 AM
To: CityClerk
Subject: FW: CITY OF FAYETTEVILLE
From: dianethompson9208 <dianethompson9208@gmail.com>
Sent: Wednesday, July 3, 2019 8:00 AM
To: Mayor <Mayor@fayetteviIle-ar.gov>
Subject: Fwd: CITY OF FAYETTEVILLE
Sent from my Verizon, Samsung Galaxy smartphone
Original message
I see that the city of Fayetteville
Has decided to let "Non Citizens" become part of their
City goverment.
As a NATURAL BORN CITIZEN
OF THE UNITED STATES OF AMERICA, and Citizen of the state of Arkansas. I want it on record to everyone representing
The State of Arkansas and the city of Fayetteville,
I most emphatically oppose this decision that "Non Citizens:
to be involved in any part of governing. Be it city, state, or national.
I will not sit by and watch the state I love slowly turn into a trash heap sanctuary state.
Legal, American Citizens should be the only ones allowed to govern at any level in this country.
It would be of value to you as a politician to speak to your city council and voice concern from
Legal citizens over this matter. There are thousands of Legal Arkansas Citizens that
have great concern over these issues.
I am sure you will also be hearing from many of them
on this matter.
Diane Thompson
NORTHWEST ARKANSAS
Democrat V Oazefte
AFFIDAVIT OF PUBLICATION
RECEIVED
JUL 15 2019
CITY OF
CITY CL
I Cathy Staggs, do solemnly swear that I am the Accounting Manager of the Northwest
Arkansas Democrat- Gazette, printed and published in Washington and Benton
County, Arkansas, and of bona fide circulation, that from my own personal knowledge
and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6196
Was inserted in the Regular Edition on
July 11, 2019
Publication Charges $ 371.80
Cathy St
M 3�y
Subscribe nd sworn to before me
This (i day of��.y2019.
0'af, kj,&,
Notary Public I��
My Commission xpires:
r
f' Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
;r"waw;i¢''�°-�'�".✓''�itir�`�.r�"—vw—�:"
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance -6196
File Number: 2019-0363
AMEND CHAPTER 33
DEPARTMENTS, BOARDS,
COMMISSIONS, AND
AUTHORITIES:
AN ORDINANCE TO AMEND
CHAPTER 33 DEPARTMENTS,
BOARDS, COMMISSIONS, AND
AUTHORITIES OF THE
FAYETTEVILLE CITY CODE TO
EXPAND OPPORTUNITIES FOR
FAYETTEVILLE RESIDENTS TO
SERVE ON CITY BOARDS,
COMMISSIONS AND
COMMITTEES
WHEREAS the City of Fayetteville
has established several boards and
commissions to convene experts and
interested parties from our
community to research and discuss
issues, and to advise the council on a
variety of specialized topics; and
WHEREAS the City Council believes
our community is enriched when our
policy discussions include the diverse
experiences of community members
from different races and cultures; and
WHEREAS the current requirement
that applicants for volunteer boards
and commissions be "registered
voters" excludes many legal residents
with long-term investments in
Fayetteville or who may have
expertise in a certain field; and
WHEREAS the City Council has the
authority to establish the criteria for
appointment to those boards and
commissions not otherwise specified
in state law; and
WHEREAS the City Council on April
3, 2018, voted unanimously to adopt
the Welcoming Plan, including its
first recommendation to "Explore
barriers and encourage civic
engagement for new Americans who
wish to participate in boards,
committees, commissions and other
leadership positions."
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 repeals subsection (A) of
§33.329 in Article XXl - Rules of
Conduct for All Fayetteville Boards,
Commissions and Committees and
enacts a new § 33.329(A) as follows:
"33.329 - Eligibility Of Resident
Volunteers To Serve On City Boards,
Commissions And Committees
(A) All Fayetteville residents
who are legally authorized to live or
work in the United States 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,
commission, or committee.
1) Exceptions. Only
registered voters within the
corporate limits of Fayetteville
shall be eligible to serve on the
following boards, commissions or
committees:
a) Fayetteville Public
Library Board of Trustees
b) Historic District
Commission
C) Northwest Arkansas
Regional Airport Authority
d) Planning Commission
e) Civil Service
Commission
f) Energy Improvement
District No. 1
2) Any person serving on
a board, commission or committee
who moves out of Fayetteville or
violates the Rules of Conduct or
Attendance Requirements shall no
longer be eligible to serve.
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby amends and supersedes
Resolution 14-01, which governs
the Airport Board, and Resolution
179-12, which governs the Keep
Fayetteville Beautiful Commission
to the extent that the provisions for
the composition of members
conflicts with Section 1 of this
Ordinance.
Section 3: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals subsection (D) of
§33.351 Composition in Article
XXIII Active Transportation
Advisory Committee and enacts a
new §33.351(D) as follows:
"(D) Five (5) voting members shall
be residents of the City of
Fayetteville, and appointed by the
City Council, at least one (1) of
whom shall represent a bicycle
advocacy organization;"
Section 4: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals §33.371
Composition and Tenn in Article
XXV Audit Committee and
Internal Auditor and enacts a new
§33.371 as follows:
"The Audit Committee shall
include one (1) City Council
member appointed by the Mayor
and three
(3) residents of Fayetteville, at least
one (1) of which shall be a
Certified Public Accountant. The
three
(3) residents shall serve
three (3) year terms of office."
Section 5: That the City Council of
-tlie City of Fayetteville, Arkansas
hereby repeals subsection (A) of
§33.241 Membership; Terms in
Article XI Environmental Action
Committee and enacts a new
§33.241(A) as follows:
"(A) Membership: Such Committee
membership shall be composed of
the following:
(1) One (1) City Council
member
(2) One (1) member from
local industry
(3) One (1) member from a
science discipline
(4) Eight (8) residents at
large
Section 6: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals subsection (B) of
§33.340 Arts Council Established;
Membership of Article XXII Arts
Council and enacts a new
§33.340(8) as follows:
"(B) The members of the Fayetteville
Arts Council shall be arts
professionals or residents of diverse
backgrounds with strong links to the
Fayetteville arts and cultural
community. At least four (4)
members shall be artists working
professionally in their field."
Section 7: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals subsection (D) of
§33.361 Composition of Article
XX1V Town and Gown Advisory
Committee and enacts a new
§33.361(D) as follows:
"(D) Two (2) members shall be
residents at large from different
wards appointed by the City
Council." Section 8: That the City
Council of the City of Fayetteville,
Arkansas hereby repeals subsections
(A)
(1) and (A)(2) of §33.283
Composition and Terms of Article
XV Urban Forestry Advisory Board
and enacts a new §33.283(Ax 1) and
(A)(2) as follows:
"(A) The board shall consist of seven
(7) members who shall be appointed
by the City Council.
(1) One (1) position shall
be filled by a representative from the
land development community; one
(1) position shall be filled
by a representative of the tree service
community; one (1) position shall be
filled by a representative from the
University of Arkansas with
knowledge of urban forestry or
arboriculture practices; and four (4)
positions shall be filled by residents
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 resident of the
city."
PASSED and APPROVED on
7/2/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith,
City Clerk Treasurer
75007008 July 11, 2019