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Legal FAQs

The following questions and answers are taken from a publication of the Arkansas Municipal League entitled, Municipal Law in Arkansas: Questions and Answers, (May 2007) which contains additional information of interest to city officials. It may also be downloaded here.

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Boundary Changes
Building And Construction
Elected Officials
Elections
Employment Law
Financial Affairs
Freedom of Information Act
Governing Bodies
Utilities

Other Timely Topics

Animal Cruelty

Animal Cruelty Law Notes

FACTA---Fair and Accurate Credit Transactions Information---Deadline December 31, 2010.

FACTA Deadline Extension Announcement Letter

FACTA Enforcement Letter

FACTA-The Red Flags Rule:  FAQs Page

Sample Current Operational Assessment

Sample Ordinance

Timeline for Implementing ITPP - PDF

Checklist for Program Development and Implementation - PDF

Federal Regulations - PDF

Records Retention Schedule

Summary of Information

Sample Agreement & Employment Policies

MLDP-Sample Agreement & Employment Policy

MLDP-Sample Agreement & Employment Policy 2

Territorial Jurisdiction (Water)

Sample Ordinance


Boundary Changes

What are the proper procedures for reporting boundary changes in Arkansas? What state and local offices should be contacted when we have a boundary change? - PDF


Building And Construction

Is the city required to use an architect or engineer on building or other construction projects? - PDF

Must a contractor working on a city construction project be licensed? - PDF

Can we hire non-licensed contractors by dividing the project into segments costing
less than $20,000?
- PDF

If a city does not hire a contractor for a construction project but does its own contracting, must the city or one of its employees acquire a contractor's license? - PDF

Does the state building code regulate the siting of Manufactured Homes? - PDF

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Elected Officials

Who is the recorder-treasurer's supervisor? - PDF

May the treasurer's duties be assigned to someone else? - PDF

Is there a conflict of interest if a mayor or alderman is married to another council member or a city employee? - PDF

Does a conflict of interest exist if the mayor or an alderman works at the bank where the city's money is deposited? - PDF

Can the city council members vote to decrease their own salaries or the salaries of other elected officials? - PDF

How long can a municipal elected official serve in an office when he or she does not run for reelection and no one else runs for the position? - PDF

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Elections

In mayor-council cities, are city elections nonpartisan and, if so, are they required to
stay non-partisan?
- PDF

Once the city passes a resolution, does it stay in effect for future elections? - PDF

2010 Municipal Election Information (General) - PDF

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Employment Law

Why are certain employees subject to random drug testing under the League Non-CDL policy while other employees and city council members are not? - PDF

Who hires and fires department heads such as police and fire chiefs? - PDF

Who hires and fires non-department head employees? - PDF

Are cities required to advertise city employment or appointment opportunities? - PDF

What authority do individual council members have to supervise personnel matters and other day-to-day operations of the city? - PDF

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Financial Affairs


Must a city adopt a budget and, if so, how does that occur? - PDF

Can the budget be altered periodically? - PDF

When must a city take bids in order to purchase goods or services? - PDF

Should we take bids for professional services? - PDF

Can a city or town borrow money for operating purposes? - PDF

Can the city, using city funds, purchase employees Christmas gifts such as cash, fruit baskets, gift certificates, etc.? - PDF

May the city donate money to private non-profit charitable organizations such as a senior citizen's center, or boys/girls clubs? - PDF

Must city officials be bonded? If so, where do we purchase the bonds? - PDF

When may a city impose fees or taxes without an election? - PDF

May we charge a license fee or tax on businesses from out of town doing business in our city? - PDF

Must our city or town pay sales tax? - PDF

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Freedom of Information Act

Does the Freedom of Information Act require the city to allow a citizen to inspect and copy documents showing the salaries of city employees and officials? - PDF

Do documents pertaining to investigation of employee misconduct have to be disclosed if requested under the Freedom of Information Act? - PDF

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Governing Bodies

How are city council meetings organized, and who is responsible for such organization? - PDF

Do we have to follow Roberts Rules of Order for our council meetings? - PDF

We have several citizens who come to our meetings and want to address the council. They want
to stand up at any time during the meeting and talk for as long as they want. They ask questions of all the council members and generally cause the meeting to go on much longer than necessary. Do we have to let citizens address the city council? Can we set up rules about how such public commentary will be taken?
- PDF

What is the proper procedure for setting the agenda? - PDF

How many votes are needed to pass an item by a city commission? Is it a majority of the whole number or a majority of those present? - PDF

How many votes does it take to fill a vacancy on a six-member council? - PDF

What is the difference between an ordinance and a resolution? - PDF

How many votes are needed to pass an ordinance, resolution or motion? - PDF

What if some members are absent. Does it then take fewer votes to pass? - PDF

When can the mayor vote? - PDF

When does an ordinance without an emergency clause go into effect? - PDF

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Utilities

What happens to our utility deposits that go unclaimed by customers who move away? - PDF

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