Ark. Code Ann. » Title 14 Chapter 43
Arkansas Code Annotated

Ark. Code Ann. § 14-43-501 (2020)

Organization of governing body — Definition

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    1. The members of a governing body elected for each city or town shall annually in January assemble and organize the governing body.
      1. A majority of the whole number of members of a governing body constitutes a quorum for the transaction of business.
        1. The governing body shall judge the election returns and the qualifications of its own members.
        2. These judgments of the governing body are not subject to veto by the mayor.
        1. The governing body shall determine the rules of its proceedings and keep a journal of its proceedings, and the journal shall be open to the inspection and examination of any citizen.
        2. The governing body may also compel the attendance of absent members in such a manner and under such penalties as it prescribes.
        3. The governing body may consider the passage of rules on the following subjects, including without limitation:
          1. The agenda for meetings;
          2. The filing of resolutions and ordinances; and
          3. Citizen commentary.
      1. In a mayor-council form of government, the mayor shall be ex officio president of the city council and shall preside at its meetings.
      2. The mayor shall have a vote to establish a quorum of the city council at any regular or special meeting of the city council and when his or her vote is needed to pass any ordinance, bylaw, resolution, order, or motion.
    2. In the absence of the mayor, the city council shall elect a president pro tempore to preside over council meetings.
    3. If the mayor is unable to perform the duties of office or cannot be located, one (1) of the following individuals may perform all functions of a mayor during the disability or absence of the mayor:
      1. The city clerk;
      2. Another elected official of the city if designated by the mayor; or
      3. An unelected employee or resident of the city if designated by the mayor and approved by the city council.
  3. As used in this section, “governing body” means the city council in a mayor-council form of government, the board of directors in a city manager form of government, and the board of directors in a city administrator form of government.

History. Acts 1875, No. 1, § 51, p. 1; C. & M. Dig., §§ 7738-7741; Pope's Dig., §§ 9934-9937; Acts 1981, No. 345, § 1; A.S.A. 1947, § 19-1010; Acts 2001, No. 354, § 1; 2005, No. 190, § 1; 2009, No. 185, § 3; 2011, No. 110, § 1; 2013, No. 753, § 1; 2015, No. 235, § 1.

Amendments. The 2009 amendment inserted (a)(2)(B)(ii) and redesignated the remaining text of (a)(2)(B) accordingly; and made minor stylistic changes.

The 2011 amendment added “to preside over council meetings” at the end of (b)(2); and added (b)(3).

The 2013 amendment rewrote (b)(3).

The 2015 amendment rewrote (a); added “In a mayor-council form of government” at the beginning of (b)(1)(A); inserted “or special” in (b)(1)(B); inserted “individuals” in (b)(3); and added (c).

Case Notes

Election Returns.

The authority of a city council is limited to passing upon the face of election returns. Doherty v. Cripps, 82 Ark. 529, 102 S.W. 394 (1907).

Mayors.

The mayor is not an elected member of the city council, but only an ex-officio member by virtue of his executive position, and therefore his vote cannot be used in amending or repealing any part of an initiated act; thus, where only five members of a nine-member council voted to repeal an initiated ordinance, there was not the two-thirds majority required by Ark. Const. Amend. 7, and the mayor's favorable vote could not be counted as the sixth vote necessary to attain a two-thirds majority. Thompson v. Younts, 282 Ark. 524, 669 S.W.2d 471 (1984).

Where subdivision (b)(1)(B) repealed that part of this section that required a majority of the “aldermen” of a municipal corporation to approve appropriations, mayor of a city of first class could break five to five tie vote to pass no appropriation ordinance. Gibson v. City of Trumann, 311 Ark. 561, 845 S.W.2d 515 (1993).

Meetings.

The proceedings of a special meeting of a city council are legal if all the members had notice, whether all attended or not; when all the members of the council are voluntarily present in a council meeting and participate therein, it is a legal meeting for all purposes, unless the law provides otherwise, and an ordinance passed at such a meeting is valid. City of Mena v. Tomlinson Bros., 118 Ark. 166, 175 S.W. 1187 (1915).

Quorum.

An ordinance passed by less than the majority of all the members of a city council is void. Newbold v. City of Stuttgart, 145 Ark. 544, 224 S.W. 993 (1920).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1993–2024 · leading case: Gibson v. City of Trumann, 845 S.W.2d 515 (Ark. 1993).
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Gibson v. City of Trumann, 845 S.W.2d 515 (Ark. 1993). · cites it 8× “” Ark. Code Ann. § 14-43-501 (b)(1)(B) (1987).”
City of Helena-West Helena & Christopher Franklin as Mayor of the City of Helena-West Helena v. Greg Williams, 2024 Ark. 102, 689 S.W.3d 62. “(ii) An ordinance, an order, or a resolution or part thereof, vetoed by the mayor is invalid unless, after the written statement is laid before it, the council, by a vote of two-thirds (2/3) of all the council members elected thereto, passes it over the veto.”
Ark. Code Ann. § 14-43-501(a): 1 case
City of Helena-West Helena & Christopher Franklin as Mayor of the City of Helena-West Helena v. Greg Williams, 2024 Ark. 102, 689 S.W.3d 62. “(ii) An ordinance, an order, or a resolution or part thereof, vetoed by the mayor is invalid unless, after the written statement is laid before it, the council, by a vote of two-thirds (2/3) of all the council members elected thereto, passes it over the veto.”
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