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ORDINANCE NO. Z W kfI
AN ORDINANCE TO AMEND SECTION 2.51.020(A) OF THE WEST
MEMPHIS MUNICIPAL CODE REGARDING THE POSITION OF CITY
ATTORNEY AND FOR OTHER PURPOSES.
WHEREAS, Section 2.51.020(A) of the West Memphis Municipal Code requires that
the position of City Attorney for the City of West Memphis be a full time position with no
outside practice of law, with certain exceptions; and
WHEREAS,the City Council finds that any individual appointed to fill a vacancy in the
position of City Attorney should be permitted to continue to provide legal representation in any
matters for which he or she was retained prior to accepting the appointment to fill a vacancy;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS,ARKANSAS, THAT:
SECTION 1. Section 2.51.020(A) of the West Memphis Municipal Code is hereby
amended to read as follows:
The city attorney shall be a regularly licensed attorney of the state and shall
perform all duties now required of and performed by the city attorney save such as
may be inconsistent with the statutes applicable to a city of the first class. Any
fees earned by the city attorney and taxed as costs in the prosecution for the city
by information or otherwise of misdemeanors or violations in any court shall be
paid over by the collecting officer to and be for the full use and benefit of the city.
The city attorney shall represent the city on a full-time basis in all matters
pertaining to questions of a legal nature, and shall be the attorney for all boards,
commissions and local improvement districts of the city. Provided however that
nothing set forth herein shall prevent the mayor and the city council from referring
matters to outside attorneys or counsel, as circumstances permit or require.
Further, no outside practice of law shall be allowed for the city attorney except in
matters concerning family or uncompensated legal representation or in legal
matters for which an individual who is appointed to fill a vacancy was retained to
provide legal representation prior to accepting the appointment to fill a vacancy.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of any such conflict.
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SECTION 3. EMERGENCY CLAUSE. It having been found and determined by the
City Council of the City of West Memphis, Arkansas, that an urgent and immediate need exists
to fill a vacancy in the office of City Attorney and that in order to consider a properly qualified
practicing attorney without imposing an undue financial hardship, any individual appointed to fill
the vacancy should be permitted to continue to provide legal representation in matters for which
he or she was retained prior to accepting the appointment to fill the vacancy, an emergency is
hereby declared, and this ordinance being necessary for the preservation of the peace,health,
safety and welfare of the citizens of West Memphis,Arkansas, shall be in full force and effect
from and after the date of its passage and approval.
PASSED AND APPROVED this S-K day of 2017.
WILLIAM H. JOHN N,MAYOR
ATTEST:
PHILLIP PARA, CITY CLERK
SPONSORED BY:
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