HomeMy WebLinkAboutOrdinance 6642113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6642
File Number: 2023-321
AMEND §33.331 ATTENDANCE REQUIREMENTS:
AN ORDINANCE TO AMEND § 33.331 ATTENDANCE REQUIREMENTS OF THE FAYETTEVILLE CITY
CODE TO REMOVE THE PRESUMED RESIGNATION OF A CIVIL SERVICE COMMISSIONER WHO HAS
FAILED TO ATTEND AT LEAST 70% OF THE MEETINGS
WHEREAS, eleven years ago the City was experiencing excessive absenteeism of volunteer citizen members of our
boards, commission and committee which hampered committees' work and activities; and
WHEREAS, to remedy this lack of attendance problem, the City Council enacted §33.331 which established a
requirement of 70% attendance of all committee meetings within a twelve month period; and
WHEREAS, rather than requiring the Administration or City Council to specifically act to remove any and all such
committee members who failed to attend 70% of the meetings, the City Council enacted the provision that such failure
to attend enough meetings would create a presumption that the committee member has resigned; and
WHEREAS, if the committee member did not want to resign, the committee members could petition the City Council
for reinstatement within twenty days; and
WHEREAS, this code attendance requirement has been very successful to increase regular attendance on volunteer city
committees, with little or no reinstatement requested; and
WHEREAS, since state law explicitly requires that removal of a Civil Service Commissioner requires a two-thirds vote
by the City Council, these commissioners should be exempted from the presumed resignation provision of §33.331;
and
WHEREAS, some other statutorily authorized boards and commissions that the City Council has enacted must also
follow state law procedures when removing a member and so need to be exempted from the lack of a 70% attendance
causing a "deemed" vacancy.
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 amends §33.331 Attendance
Requirements (A) of the Fayetteville Code by repealing it in its entirety and enacting the following replacement (A) as
follows:
Page 1
Ordinance: 6642
File Number.- 2023-321
"(A) Any citizen volunteer member of any city board, commission or committee, except the Civil Service Commission,
the Library Board of Trustees, the Housing Authority, the Public Facilities Board, and the A & P Commission, who
fails to attend at least 70% of all meetings of that committee within a twelve (12) 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."
PASSED and APPROVED on February 7, 2023
Attest:
641LER K� p�
Kara Paxton, City Cl4Tuer
-
AYE„ti►s
^fir fir: TTEVILLI
�f �• ��IiW J." �I ��
■
Page 2
CITY OF
1pow,
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 7, 2023
TO: Mayor Jordan and City Council
THRU:
FROM: Kit Williams, City Attorney
DATE:
SUBJECT:
RECOMMENDATION:
See attached Memo from City Attorney Kit Williams.
BACKGROUND:
DISCUSSION:
BUDGET/STAFF IMPACT:
CITY COUNCIL MEMO
2023-321
ATTACHMENTS: Slight Amendment to §33.331, 020623 ADDITIONAL INFORMATION CITY ATTORNEY
MEMO
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-321
AN ORDINANCE TO AMEND § 33.331 ATTENDANCE REQUIREMENTS OF THE
FAYETTEVILLE CITY CODE TO REMOVE THE PRESUMED RESIGNATION OF A CIVIL
SERVICE COMMISSIONER WHO HAS FAILED TO ATTEND AT LEAST 70% OF THE
MEETINGS
WHEREAS, eleven years ago the City was experiencing excessive absenteeism of volunteer citizen
members of our boards, commission and committee which hampered committees' work and activities;
and
WHEREAS, to remedy this lack of attendance problem, the City Council enacted §33.331 which
established a requirement of 70% attendance of all committee meetings within a twelve month period;
and
WHEREAS, rather than requiring the Administration or City Council to specifically act to remove any
and all such committee members who failed to attend 70% of the meetings, the City Council enacted the
provision that such failure to attend enough meetings would create a presumption that the committee
member has resigned; and
WHEREAS, if the committee member did not want to resign, the committee members could petition the
City Council for reinstatement within twenty days; and
WHEREAS, this code attendance requirement has been very successful to increase regular attendance
on volunteer city committees, with little or no reinstatement requested; and
WHEREAS, since state law explicitly requires that removal of a Civil Service Commissioner requires a
two-thirds vote by the City Council, these commissioners should be exempted from the presumed
resignation provision of §33.331; and
WHEREAS, some other statutorily authorized boards and commissions that the City Council has
enacted must also follow state law procedures when removing a member and so need to be exempted
from the lack of a 70% attendance causing a "deemed" vacancy.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1
Resolution:
File Number: 2023-321
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends §33.331
Attendance Requirements (A) of the Fayetteville Code by repealing it in its entirety and enacting the
following replacement (A) as follows:
"(A) Any citizen volunteer member of any city board, commission or committee, except the Civil
Service Commission, the Library Board of Trustees, the Housing Authority, the Public Facilities Board,
and the A & P Commission, who fails to attend at least 70% of all meetings of that committee within a
twelve (12) 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."
Page 2
fi� i
DEPARTMENTAL CORRESPONDENCE ..a
OFFICE OF THE
CITY ATTORNEY
Kit Williams
City Attorney
TO: Mayor Jordan Blake Pennington
City Council Assistant City Attorney
Jodi Batker
CC: Susan Norton, Chief of Staff Paralegal
Michele Bechhold, Asst. HR Director
FROM: Kit Williams, City Attorney
7-
DATE: January 5, 2023
RE: Slight amendment to §33.331 Attendance Requirements for
volunteer citizen committees, boards and commissions
In 2011, the City was experiencing some continual problems on some
committees, boards, and commissions of some appointed members failing
to attend most meetings. Without regular attendance, those committees
sometimes could not achieve a quorum and thus could do nothing but
adjourn.
To resolve this attendance problem, the City Council enacted §33.331
Attendance Requirements of the Fayetteville Code to require a minimum
70% attendance requirement. Rather than requiring the possibly
embarrassing affirmative action by the City Council to remove any violator
of the attendance rule, the City Council enacted a presumption that the
member "shall be deemed to have resigned from the board, commission, or
committee and that persons position shall be deemed vacant." §33.331 (A)
In order to give such removed committee member an opportunity to
explain a legitimate reason for lack of attendance, the Council provided:
"Such person may petition the City Council for reinstatement by filing a
letter with the City Clerk within twenty (20) days" to explain "why
extenuating circumstances justify reinstating the applicant..." §33.331 (B)
This code section enacted by the City Council in 2011 seems to have
solved the attendance problem. No official removal (action which could be
embarrassing to our citizen volunteer) had to be undertaken. I also do not
remember a single request for reinstatement that had to be resolved by the
City Council.
However, this code section does need a slight amendment. State law
states in regard to the Civil Service Commission: "The city council or
governing body of the city by a two-thirds vote may remove any of the
commissioner during their term of office for cause." A.C.A. 14-51-210.
Therefore, we need to exempt out the Civil Service Commissioners from
the presumed resignation language, because their removal must be done
individually by City Council resolution.
This does not mean that failure to attend sufficient Civil Service
Commission meetings could not be "good cause" for the City Council to
remove a commissioner. I should note that no Civil Service Commissioner
has been removed through §33.331 (nor could be because state law requires
a different procedure). Nor does this change indicate there is any problems
for any Civil Service Commissioners regarding their attendance or
otherwise.
This code section should be amended merely to remove the never
used, but possible conflict, with the procedure specified by state law for
Civil Service Commissioners.
2
ORDINANCE NO.
AN ORDINANCE TO AMEND § 33.331 ATTENDANCE REQUIREMENTS OF THE
FAYETTEVILLE CITY CODE TO REMOVE THE PRESUMED RESIGNATION OF A CIVIL
SERVICE COMMISSIONER WHO HAS FAILED TO ATTEND AT LEAST 70% OF THE
MEETINGS
WHEREAS, eleven years ago the City was experiencing excessive absenteeism of volunteer
citizen members of our boards, commission and committee which hampered committees' work
and activities; and
WHEREAS, to remedy this lack of attendance problem, the City Council enacted §33.331 which
established a requirement of 70% attendance of all committee meetings within a twelve month
period; and
WHEREAS, rather than requiring the Administration or City Council to specifically act to remove
any and all such committee members who failed to attend 70% of the meetings, the City Council
enacted the provision that such failure to attend enough meetings would create a presumption that
the committee member has resigned; and
WHEREAS, if the committee member did not want to resign, the committee members could
petition the City Council for reinstatement within twenty days; and
WHEREAS, this code attendance requirement has been very successful to increase regular
attendance on volunteer city committees, with little or no reinstatement requested; and
WHEREAS, since state law explicitly requires that removal of a Civil Service Commissioner
requires a two-thirds vote by the City Council, these commissioners should be exempted from the
presumed resignation provision of §33.331.
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 amends §33.331
Attendance Requirements (A) of the Fayetteville Code by repealing it in its entirety and enacting
the following replacement (A) as follows:
"(A) Any citizen volunteer member of any city board, commission or committee, except the Civil
Service Commission, who fails to attend at least 70% of all meetings of that committee within a
twelve (12) 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."
PASSED and APPROVED this 7" day of February, 2023.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
KARA PAXTON, City Clerk/Treasurer
33.330 FAYETTEVILLE CODE OF ORDINANCES
TITLE III ADMINISTRATION
33.330 Rules Of Conduct For Citizens And Members For All Boards Commissions And
Committees
(A) During all meetings for all city boards, commissions and committees, all members of such
board, commission and committee and all citizens addressing such body shall accord the
utmost courtesy to each other, to city staff and to members of the public appearing before such
body. All members of such body and the public speaking at the meeting shall refrain at all times
from rude or derogatory remarks, reflections as to integrity, abusive comments and statements
as to motives and personalities.
(B) Any members of a board, commission or committee appointed by the Mayor and/or City
Council who violates the rule of conduct stated above may be removed from such board,
commission or committee by City Council resolution,
(Ord. No. 6084, 11-20-07)
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 (12) month period of service shall
be deemed to have resigned from the board, commission or committee and that pemon'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 twenty (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.
(Ord. No. 5446, 10-4-11)
33.332-33.339 Reserved
ARTICLE XXII ARTS COUNCIL
33.340 Arts Council Established; Membership
The establishment of the Fayetteville Arts Council by Resolution No. 60-07 is affirmed by this Code
Section. The Arts Council shall have nine (9) voting members as follows:
(A) One (1) member shall be a City Council Member appointed by the Mayor at the beginning of
each calendar year.
(B) The members of the FayettevilleArts 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.
3upp. No. is
CD33:36
Received by Kit Williams
2/6/23 11:35 AM
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor
City Council
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
CC: Susan Norton, Chief of Staff Paralegal
4
FROM: Kit Williams, City Attorne
DATE: February 6, 2023
RE: Certain statutorily authorized commission and board memberships may
only be removed pursuant to the authorizing state statute
The vast majority of Fayetteville's citizen volunteer committees have been
created pursuant to the City Council's general powers, and therefore are
susceptible to the City Council's rules concerning appointment, attendance, and
removal of the members of the committees. However, several committees have
been created pursuant to specific authorizing statutes which may limit the power
of the City Council for removing members.
I have reviewed these authorizing statues for our committees,
commissions, and boards. Some this state legislation provides specific limited
reasons or methods of removal of commission members or in the case of the A&P
Commission, no power of removal. Therefore, I need to expand the number of
commissions and boards that the City Council's required 70% attendance cannot
affect.
Attached is my amended proposed ordinance which excludes
commissions and boards which the authorizing statute provides a contrary
procedure for removing members. These boards or commissions are the Civil
Service Commission, the Housing Authority, the Public Facilities Board, the
Library Board of Trustees, and the A&P Commission.
Please move to amend the ordinance I presented at the Agenda to the one
attached to this memo.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 33.331 ATTENDANCE REQUIREMENTS OF THE
FAYETTEVILLE CITY CODE TO REMOVE THE PRESUMED RESIGNATION OF A CIVIL
SERVICE COMMISSIONER WHO HAS FAILED TO ATTEND AT LEAST 70% OF THE
MEETINGS
WHEREAS, eleven years ago the City was experiencing excessive absenteeism of volunteer
citizen members of our boards, commission and committee which hampered committees' work
and activities; and
WHEREAS, to remedy this lack of attendance problem, the City Council enacted §33.331 which
established a requirement of 70% attendance of all committee meetings within a twelve month
period; and
WHEREAS, rather than requiring the Administration or City Council to specifically act to remove
any and all such committee members who failed to attend 70% of the meetings, the City Council
enacted the provision that such failure to attend enough meetings would create a presumption that
the committee member has resigned; and
WHEREAS, if the committee member did not want to resign, the committee members could
petition the City Council for reinstatement within twenty days; and
WHEREAS, this code attendance requirement has been very successful to increase regular
attendance on volunteer city committees, with little or no reinstatement requested; and
WHEREAS, since state law explicitly requires that removal of a Civil Service Commissioner
requires a two-thirds vote by the City Council, these commissioners should be exempted from the
presumed resignation provision of §33.331; and
WHEREAS, some other statutorily authorized boards and commissions that the City Council has
enacted must also follow state law procedures when removing a member and so need to be
exempted from the lack of a 70% attendance causing a "deemed" vacancy.
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 amends §33.331
Attendance Requirements (A) of the Fayetteville Code by repealing it in its entirety and enacting
the following replacement (A) as follows:
"(A) Any citizen volunteer member of any city board, commission or committee, except the Civil
Service Commission, the Library Board of Trustees, the Housing Authority, the Public Facilities
Board, and the A & P Commission, who fails to attend at least 70% of all meetings of that
committee within a twelve (12) 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."
PASSED and APPROVED this 7ch day of February, 2023.
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
KARA PAXTON, City Clerk/Treasurer
® RECEIVIf
FEB 15 20D
NORTHWEST ARKAKW c 0°
Democrat I# (6azette
'r9 60'rHVc t99
AFFIDAVIT OF PUBLICATION
I, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville -Clerks Offi
Ord 6642
Was inserted in the Regular Edition on:
February 12,2023
Publication Charges: $202.16
� 6
Paola Lopez
Subscribed and sw m to before me
This1.3 day of r{� , 2023.
Notary Public
My Commission Expires:
tits
Clsb ou'Blt-9 }
M��ryNK3 NC'AVy 6 ZO}1
MY Gomm\5sb^l++P\rq
W2
r N0 321
act ivinee;and
v this leek of
Iwclve monthpen.; and
WHEREAS, ramor man requiring the
Adm ustmtion or City Council in specifically
actor removeany ma all such committee
memberswho filled w anma ]0% of Me
maungs.tbecitycouneilumensdthe
froomion Mm such failure m mead enough
comings would meate a presumption that the
mmida uembuhes resi,mi, and
WHEREAS, if the ammma member did not
want rare 1, the co miuee members could
WHEREAS, IM1is code anmdance rtquirpnent
'.has been very sucauful m inmeue regular
utenamcean volunteer city mmm be with
little or noteimeternen, request.; and
WHEREAS, since state law explicitly
ragnimmOsecT rmnn.m sa NA -thuds
Cecroicumnregnires ammmse should
the Ciry CmtfinnMereantermionms Prom
beemnp�Gum Meend resiPlanan
moHERE of, come o and
WHEREAS, someoMerhat theilYy Council
hoardsanti must ihnof that the City Couneil
has tout s must re o follow mete law
pra.ures when removing a member a. eo
need to be, exemi fromthe the lad ofa 76%
mosNOW THuffs. causinga"BEFOrned' ORDAINED
NOWT1@RFFOOfr OIECTTY OF
THEORYMLE,MUNCH, ATHE CITY OF
FAYon I Thin me ARKANncil
Section L TM1m Me Gry Council ofthe Gty 3of
1
Fayeveville, Arkansas hereby ofthe §33 J31
FaAftyetteville
Rome yo tc mRothe
andnr mefollrepealing ioomerentirry
biill enunln8 Ma following cepl¢ament (A) u
billA:
YA)Ab Any eiom insice.1membecofany
city bond, over Commission,so theL «apt
the Cool Service Commission, A LiMery
Dowd FiTmmem, Me Housing AUMmiry, Me
Public Facilities Dmrd, and oneen A @ P
Connecticut] mini u who fails m amend at lent ]0%
of eat meetings ofthat 'common
nce sho a
twelve Q 2)manth nou,ni a[s thebc rdl be
demon tohavemsignVEGum Me board
mineemst" pRavn'a
PASS sssmst be PROVE D- F
2023 aM APPROVED on Fehuery ],
2@3
Lioneld Jordan, Mayor
Adam'.
**NOTE** Rana Paxton,
City Clete Treasurer
Please do not pay from Affidavit. Thia wblmaboa ones Fred Inc by the Ciry
Invoice will be sent. Cluk-Tressmer of the Ciry ofFayetbonfie,
Arians.
Amount Ford: $202.16
75651M Feb 12, 2023
