Saturday, August 1, 2009
To what extent, if any, may a City Council set working hours for the Mayor?
Opinion No. 2002-024
February 25, 2002
The Honorable Preston Scroggin The Honorable Marvin Parks
State Representative State Representative
59 Marshall Road South 44 Treasure Creek Road
Vilonia, AR 72173-9335 Greenbrier, AR 72058
Dear Representatives Scroggin and Parks:
I am writing in response to your request for an opinion on the following question:
To what extent, if any, may a City Council set working hours for the Mayor?
RESPONSE
It is my opinion, as a general matter, that a city council in all likelihood may establish the hours during which the office of mayor must be open. Because it is unclear, however, to what extent a city council may direct the day-to-day operation of an executive office, I doubt that the council could dictate the hours that the mayor must be physically present in his or her office.
There is no provision in the Arkansas Code addressing the issue of working hours for the mayor. The city council is authorized by A.C.A. § 14-43-504(b)(3) (Repl. 1998) to prescribe "such other duties" of the mayor (i.e., in addition to those prescribed by law) as are "compatible with the nature of his office…." The city council also possesses local legislative authority regarding city affairs. See A.C.A. § 14-43-502 (Supp. 2001). This office has previously opined that these provisions offer persuasive support for the council's authority to establish the hours during which the city office must be open. Op. Att'y Gen. 96-328. Cf. Walker v. Washington Co., 263 Ark. 317, 564 S.W.2d 513 (1978) (upholding an ordinance, enacted pursuant to the quorum court's local legislative authority, requiring that all county constitutional offices be open to serve the public from 8:00 a.m. until 4:30 p.m.) It is my opinion that additional support for the city council setting the hours of the office may be found in A.C.A. § 14-43-401(a)(2) (Repl. 1998), wherein it provides that "[t]he mayor shall keep an office at some convenient place in the city, to be provided by the city council…."
I cannot conclude from the above provisions, however, that the council is authorized to require the actual physical presence of the mayor during the prescribed office hours. It seems to me that this would go beyond prescribing the duties, and would arguably intrude upon the mayor's authority, as the chief executive (See A.C.A. § 14-43-504(a)), to determine how those duties will be performed. Although the council, as noted above, may require other duties of the mayor, I have found no authority for the proposition that the council supervises the mayor. Compare A.C.A. § 14-43-504(b)(1) (providing that the mayor shall supervise the conduct of city officers).
Assistant Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.
Sincerely,
MARK PRYOR
Attorney General
MP:EAW/cyh
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Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
Helena-West Helena, 72342
870-572-3421 Phone
870-572-5034 Fax
870-817-4035 Cell
http://tinyurl.com/councilagenda (City Council Agenda)
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Friday, July 31, 2009
HWHPD Office of Investigations Report (DHR 08/03/09)
PREPARED BY:
CID LEAD INVESTIGATOR DENNIS COX
DATE: July 31, 2009
______________________________
CRIMES AGAINST PROPERTY
Investigators are currently investigating the charge of Arson at Crestpark Nursing Home.
Investigators have investigated the charge of Residential Burglary and Theft of Property in the 200 blk of Joe Brady. Three arrests have been made in this matter.
Investigators are currently investigating the charges of Commercial Burglary and Theft of Property at the Plaza Mini Mart.
Investigators are currently investigating the charges of Commercial Burglary and Theft of Property at Marty Mart (Rusty's).
Investigators are currently investigating the charges of Attempted Commercial Burglary at the Plaza Mini Mart. Four arrests have been made. Investigators are looking into the link of suspects to the previous break-in at Plaza Mini Mart and Marty Mart (Rusty's.)
______________________________
CRIMES AGAINST PERSONS
Investigators are currently investigating the charge of Attempted Murder and Terroristic Act in the 200 blk of McDonough. A suspect has been named and warrants have been issued for the arrest of the suspect.
Investigators are currently investigating the charge of Battery 1st Degree in the 1100 blk of Pecan. A suspect has been named and warrants are pending.
______________________________
NARCOTICS CRIMES
______________________________
MISC. FELONIOUS CRIME
______________________________
FUTURE ACTIVITIES:
Off- site recording for The Office of Investigations
Networking for East and West Precincts
FUEL:
Criminal Investigation Division fuel Purchased for the week of July 23- July 29 2009
| Investigator | Date | Gallons | Fuel Usage Cost |
| Roy Covington Sr. | 07/26/2009 | 19.1 Gal. @ $2.31 | $45.55 |
| Dennis Cox | 07/29/2009 | 16.1 Gal. @ $2.39 | $38.80 |
| Tommy Bivens | 07/28/2009 | 14.5 Gal. @ $2.37 | $34.50 |
| Michael Thomas | 07/24/2009 07/28/2009 | 15.1 Gal. @ $2.37 15.5 Gal. @ $2.37 | $36.00 $37.01 |
| Chanta Mansfield | 07/24/2009 | 17.7 Gal. @ $2.37 | $44.07 |
| TOTAL | 98.0 gallons | $235.93 |
WEST HELENA-WEST HELENA WATER DHR 08-03-2009
Department: 92 PLAZA 72390 Date AUGUST 03, 2009 Prepared by KEN FRATESI (07/31/09) WEEK OF _07/23/09—07/30/09 717 MIMOSA REPAIR WATER MAIN 1118 HWY 49 UNCOVER VALVES AND 161 PC 231 REPAIR WATER SERVICE 232 LONGBELL MTC METER SET 105 LAMBERT REPAIR WATER SERVICE 900 NORMAN MTC METER SET CUT OFF FOR NONPAY CLEAN SEWERS : NORTH SECOND REPAIR CULVERT SECOND AND GARLAND REPAIR STREET CUTS CUT GRASS READ METERS Future Weekly Activities: CHECK PROBLEM SEWERS Follow Up Activities: EXPECT TO FINISH SOUTHWEST PUMP STATION NEXT WEEK Staff Concerns/Issues: NONE |
Police (DHR) August 3, 2009
HELENA-WEST HELENA POLICE DEPARTMENT
“WE SERVE, WE CARE”
Date: August 3, 2009
Reporting Dates: July 23-29, 2009
Prepared By: Office Manager / Records
Crime Data
Disturbance: 85
Burglary: 05
Stolen Vehicle: 00
Escort: 26
Alarm: 14
Call for Police: 35
Missing Person: 00
Communication Center:
Dispatch / Call Intake
Landline: 3,697
911: 671
Officer Contacts:
Tickets: 73
Arrest: 16
Warrants: 40
Affidavit: 12
Reports: 58
Accidents: 05
Building Checks: 440
Officer Response / Contacts: 581
Tickets:
D.W.I.: 01
Suspended D/L: 08
Possession of Control Substance: 00
Speeding: 18
Loud Music: 05
Seat Belt: 26
Stop Sign Violation: 06
No Vehicle Registration: 08
Warning Tickets: 11
Officers/ Weekly Gas Report:
$1,011.84
Bond & Fine:
$6,746.00
Vehicle / Repairs / Fleet Management:
Repairs/ Unit 19/ Rear end / King’s Body Shop/ Out of Service
Specific Weekly Report:
Community Event/ Malco /Security/ August 1
Community Event/ National Night Out/ Cherry St. Pavilion/ August 4
Training / Captains Meeting / August 5, 2009
Training/ Customer Service for Communications/ August 7
Future Weekly Activities:
Community Event/ Back to School Jam Fest/ Security/ August 14
Training/ Auxiliary Class/ August 17
Community Event / Wal-mart / August 22
Patrol:
Shift 1 / Target Areas:
12 Citations
03 Disturbances
04 Misd Warrants (Arrest)
12 Traffic Stops
20 Building Checks
Shift 2 / Target Areas:
07 Citations
11 Disturbances
15 Misd Warrants (Arrest)
02 Felonies
19 Traffic Stops
21 Building Checks
Shift 3 / Target Areas:
15 Citations
36 Disturbances
02 Misd Warrants (Arrest)
15 Traffic Stops
154 Building Checks
Shift 4 / Target Areas:
39 Citations
35 Disturbances
47 Traffic Stop
19 Misd Warrants
05 Felonies
264 Building Checks
Staff Concerns:
Police/ Copier/ WestSide
Clerical/ Warrants/ System for Scanning (Documents)
“WE SERVE, WE CARE”
Date: August 3, 2009
Reporting Dates: July 23-29, 2009
Prepared By: Office Manager / Records
Crime Data
Disturbance: 85
Burglary: 05
Stolen Vehicle: 00
Escort: 26
Alarm: 14
Call for Police: 35
Missing Person: 00
Communication Center:
Dispatch / Call Intake
Landline: 3,697
911: 671
Officer Contacts:
Tickets: 73
Arrest: 16
Warrants: 40
Affidavit: 12
Reports: 58
Accidents: 05
Building Checks: 440
Officer Response / Contacts: 581
Tickets:
D.W.I.: 01
Suspended D/L: 08
Possession of Control Substance: 00
Speeding: 18
Loud Music: 05
Seat Belt: 26
Stop Sign Violation: 06
No Vehicle Registration: 08
Warning Tickets: 11
Officers/ Weekly Gas Report:
$1,011.84
Bond & Fine:
$6,746.00
Vehicle / Repairs / Fleet Management:
Repairs/ Unit 19/ Rear end / King’s Body Shop/ Out of Service
Specific Weekly Report:
Community Event/ Malco /Security/ August 1
Community Event/ National Night Out/ Cherry St. Pavilion/ August 4
Training / Captains Meeting / August 5, 2009
Training/ Customer Service for Communications/ August 7
Future Weekly Activities:
Community Event/ Back to School Jam Fest/ Security/ August 14
Training/ Auxiliary Class/ August 17
Community Event / Wal-mart / August 22
Patrol:
Shift 1 / Target Areas:
12 Citations
03 Disturbances
04 Misd Warrants (Arrest)
12 Traffic Stops
20 Building Checks
Shift 2 / Target Areas:
07 Citations
11 Disturbances
15 Misd Warrants (Arrest)
02 Felonies
19 Traffic Stops
21 Building Checks
Shift 3 / Target Areas:
15 Citations
36 Disturbances
02 Misd Warrants (Arrest)
15 Traffic Stops
154 Building Checks
Shift 4 / Target Areas:
39 Citations
35 Disturbances
47 Traffic Stop
19 Misd Warrants
05 Felonies
264 Building Checks
Staff Concerns:
Police/ Copier/ WestSide
Clerical/ Warrants/ System for Scanning (Documents)
Code Enforcement DHR 8-3-09
July 27, 2009 – July 31, 2009 Code Enforcement Weekly Report Department: Code Enforcement Date: Aug 3, 2009 Prepared by: Joshua McIntosh & Patrick Allen Code Enforcement Officers Special Weekly Activities · Spoke with Torrence Thrower (501) 682-0740- Resolved pending faxing Landfill receipts o Requesting Landfill tickets-Pending per Victor · Received list of lots to ID- per Street Dept. o Numbered List for Mowing & Code Enforcement · 1.) Across Valley Beauty Shop · 2.) Across Pettis Memorial Church · 3.) Next door Pettis Memorial Nursery (Blue Building) · 4.) Lot next to Mrs. Simes (next to 338 S Washington) · 5.) Lot Behind 51 Lambert · 6.) Lot corner Park & Baringo · 7.) Lot in curve South & Washington/ Lot in curve across Gilcrest house South & Washington · 8.) Lot behind Willie B. Warren on Coanza · 9.) Lot on North side of 1219 Cherry St. · 10.) Lot 300 Block South 5th St · 11.) Lot corner Popular & Porter · 12.) 500 Block Rightor behind Old Safeway · 13.) 500 Block Rightor behind PC housing · 14.) Corner York & Pecan · 15.) 400 Block Elm (Southside) across from Credit Union · 16.) 400 Block Elm (Northside) next to Credit Union · 17.) 100 Block Frank Frost · 18.) 200 Block St Francis at Arkansas (Southside) · 19.) Corner lot Walker & Pecan (across from Walker store) · 20.) Corner Pecan and Jefferson (Eastside) · 927 Walnut- John Broome-Still Will clean lot -per Andre Valley · Lot 4 St. John Addition- Stephen Anderson requesting Clean Up · Issued Business Permit- J & J Lawn Service & Tree Work · 209 Jane St.- Chevy Malibu-Towed by Southern Towing · Received Check for razing of 1114 Porter St.- Paid $155.00 · Applied to 2010 Census Promotional Sponsorship Program- Submitted to Ms. Kuntz · 820 Plaza St. Requesting zoning letter for barber shop- Referred to Planning Commission Complaints by Citizens · Dogs at Large on 709 Walker Adams & Poplar · Dogs at Large on 400 Valley Dr. · Cited Vehicle · See Excel report Fuel · Dodge Charger- White 2008 o None · Chevy Impala- 2000 o None · GMC Truck o $46.00 Letters Mailed · See Excel Reports Mail · $7.56 Lots with piles of debris · 141 Center St. · 727 Pecan St. · 462 Washington St. · 207 S. Sam St. · 200Blk Jane St. · 202 Madison St. · Joe Brady Dr. · 743 Aaron St.- Jordan Redd Sr. Abandoned House List for City Council – pending Submission · 252 West Wood Pl.- Alfred & Michele Kines · 503 Biscoe- John Palmer · 330 S. 6th St- Charles Graham · 311 Walnut- Robert Titus · 315 Walnut- Robert Titus · 353 Prairie St.- Roger & Janet Sanchez · 812 Elm St.- Carrie Kelly Lien or Affidavit Issued · None Future Weekly Activities · City Council Meeting- 8-4-09 · Planning Commission Meeting- 8-5-09 · Asbestos Inspector Training- Aug 4-6, 2009- Registered · Code Enforcement Building Inspector Course- Aug 10-14 2009- Registered · Part-time Police Officer Training Class- Aug 17- Oct 23- Registered- Patrick Allen Follow-up Activities · Continue to address Non complaint properties · Focus on Lots and clean up efforts · Canvassing neighborhoods · Meet with neighborhood watch organizations · Invoices for demolished properties · Proposed adopting of Mechanical ordinance- Per City Attorney Staff Concerns · Office Space · Adopting of Mechanical Ordinance. · Training and Testing · Issuing Permits; software and procedures · Ordering Uniforms- Work Order Request Form (WORF) Report · 300 Block N 6th St. Lot 6 Block 30- Request Quote to clear per James Arnold (GMA) Code Enforcement Report
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