1767ORDINANCE NO. 17 6'1
AN ORDINANCE TO AMEND CHAPTER 2.51 OF THE WEST MEMPHIS
MUNICIPAL CODE MAKING THE CITY ATTORNEY'S POSITION FOR
THE CITY OF WEST MEMPHIS FULL TIME AND ESTABLISHING A
SALARY THEREFOR AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, THAT Chapter 2.51 of the West Memphis Municipal Code be amended as follows:
Section 2.51.020(A) be 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
maybe 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 of West Memphis 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.
2. The annual salary for the city attorney is hereby established at Eighty Thousand
($80,000) Dollars.
3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
N. This o~acnunce shall be e~-~ec~~+~ (n~/~a~ ~, t~#9'1,
PASSED AND APPROVED this day of I 1 I~#'~~{ , 1997.
~~ ~/~ /97
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AL BOALS, MAYOR
RECEIVED
CIT`(. CLERK OFFICE
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ATTEST:
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DAN CRAFT, CITY
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WASHINGTON COURTYARD
by MARRIOTT
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March 17, 1997
In accordance with the procedures established in Arkansas Statute 14-43-504, I am herein
filing my written statement concerning my veto of Ordinance 1767, which was adopted by
the West Memphis City Council on March 6, 1997.
It is my judgment that Ordinance # 1767 is contrary to the public interest of the City of
West Memphis due to the size of our city and extreme case load of the municipal court.
In my opinion the City of West Memphis requires both a city attorney and a deputy city
attorney to adequately handle these duties
I feel the duties of the city attorney would best be served if the deputy city attorney
handled the cases in municipal court and any appeal cases. Tl~would allow time for the
city attorney to perform all other duties as set forth. These duties include representation
of the City of West Memphis in all matters pertaining. to questions of a legal nature, legal
advisor to all officers of the City of West Memphis, attend, prosecute, or defend all suits,
actions, or proceedings, either civil or criminal for and on behalf of the city or in which the
city may be concerned, furnish written opinion upon any subject arising by virtue thereof
submitted to him by the city council, any of its committees, boards or commission, the
mayor, or other official of the city. The city attorney also shall attend all meetings of the
city council and the West Memphis Utility Commission. The city attorney shall draw up
all contracts and agreements between the city and other parties and other legal instruments
in connection with the administration of city affairs.
For the above stated reasons, I do not feel it would be in the best interest of the City of
West Memphis to designate all funds for the position of city attorney only. It is my
recommendation the annual salary of city attorney be $50,000 and the deputy city
attorney be paid an annual salary of $24,000. The office of city attorney should include a
deputy city attorney. Having two attorney's available for representation would better
serve, not only the officials of the city, but the citizens of West Memphis. Therefore, I am
vetoing Ordinance 1767.
{tECE1VED
CITY CLERK OFFICE y ~~~/~,
DATE ~`~7"
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AL BOALS, MAYOR