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ORDINANCE NO.
AN ORDINANCE TO AMEND SECTION ONE (1) OF ORDINANCE N0. 1081,
GIVING THE GENERAL MANAGER OF THE WEST MEMPHIS UTILITY COMMISSION
AUTHORITY TO EMPLOY AND TERMINATE PERSONNEL, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
SECTION 1. Section One (1) of Ordinance No. 1081 is
amended as follows:
"The Utility Commission shall have the authority.
to recommend to the Mayor a General Manager who
shall be appointed and removed by the 114ayor,
subject to the authority of the City Council to
override the Mayor's decision by two-thirds (2/3)
majority of the total membership elected to the
City Council. '
The General Manager of the West Memphis Utility
Commission shall have the authority to employ
and terminate all employees of the West Memphis
Utility Commission, subject to such policies as
established by the Commission."
SECTION 2. All Ordinances or Parts of Ordinances
pertaining to the Personnel of the West Memphis Utility
Commission in conflict are repealed, especially, Section 2.13
of Ordinance No. 1129, pertaining to the Discipline of Employees.
SECTION 3. It having been determined by the City Council
of the City of West Memphis, Arkansas, that the City .Council
desires that the General Manager of the West Memphis Utility
Commission have the authority to employ and terminate personnel,
an emergency is hereby declared to exist and this Ordinance
being necessary for the public peace, welfare and safety of
the Citizens of the City of West Memphis, Arkansas, shall be
in full force and effect from the date of its passage and
approval.
PASSED AND APPROVED this ~ / day of , 1983.
ATTEST:. // ~ ~ / MAYOR
., OVFP. '2IJDEtd ?3Y CITY COL?PdCIL OnI AL
with a vote of 7 ~yE 2 "JO, & 1, s;
CITY C r~a.jority of the Clty ~'ounci. ~ ``esery,~ s
SPONSORED BY:
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T ~, 1983
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STATEMENT T0: WEST MEMPHIS CITY COUNCIL AND CITY CLERK
TRANSMITTED T0: MR. DAN CRAFT, CITY CLERK
DATE: JULY 25, 1983
RE: MAYOR'S VETO OF ORDINANCE N0. 1135
In accordance with the procedures established in Arkansas Statutes 19-1014,
I am herein filing my written statement concerning my veto of Ordinance No. 1135
which was adopted by the City Council of West Memphis on July 21, 1983, and
filing this with the office of the City Clerk prior to the next regular meeting
of the City Council.
I am vetoing Ordinance No. 1135, An Ordinance to amend Section One (1) of
Ordinance No. 1081, Giving the General Manager of the West Memphis Utility
Commission Authority to Employ and Terminate Personnel, Declaring an Emergency
and for all Other Purposes, in its entirety, for the following reason: It is
in conflict with the power and duties of the Mayor as defined by the Legislature
of the State of Arkansas. Arkansas Statutes Annotated Section 19:1013.1 provides:
"Unless otherwise provided by State law, Mayors in cities of the first class,
second class and incorporated towns sha11 have the power to appoint and remove
all department heads----unless the city or town council shall by a two-third
(2/3) majority of the total membership of the council vote to override the
Mayor's action." Inherent in the Mayor's power to appoint and remove all
department heads is his power to discipline department heads and their sub-
ordinates,. for insubordination, and failure to perform their duties.
It is my judgement that Ordinance No. 1135 is contrary to the public interest,
and in conflict with the laws of the State of Arkansas.
For the ~bvve reasons I have officially vetoed Ordinance No. 1135 adopted by
the City Council o~ '"'" " '°4~
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