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)

arcane: Dictionary.com Word of the Day

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Word of the Day for Saturday, August 1, 2009

arcane \ar-KAYN\, adjective:

Understood or known by only a few.

There are other arcane traditions that seem like superstitions to us, or, perhaps, are simply lost in translation. Some cyclists, for instance, believe that riders should shower instead of bathe because in some way water weight from baths is absorbed.
-- Allen Barra, "Tour de Lance", Wall Street Journal, July 28, 2009
While addressing a problem in the arcane field of mathematical logic, he imagined a machine that could mimic human reasoning.
-- Paul Gray, "Alan Turing", Time Pacific, March 29, 1999
Practitioners of this arcane art combine highly abstract mathematical deduction with some of the basic behavioral assumptions of micro-economics to produce theories of the behavior of voters, of representative assemblies, of bureaucracies, and even of courts.
-- Jerry L. Mashaw, Greed, Chaos, and Governance

Arcane comes from Latin arcanus, "shut, closed, secret," from arca, "chest, box."

Dictionary.com Entry and Pronunciation for arcane


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Friday, July 31, 2009

City Council Meeting Packet (Link) August 4, 2009

City Council Meeting Packet


HWHPD Office of Investigations Report (DHR 08/03/09)

PREPARED BY:

CID LEAD INVESTIGATOR DENNIS COX

DATE: July 31, 2009 Month of July 23- July 29, 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

InvestigatorDateGallonsFuel Usage Cost
Roy Covington Sr.07/26/200919.1 Gal. @ $2.31$45.55
Dennis Cox07/29/200916.1 Gal. @ $2.39$38.80
Tommy Bivens07/28/200914.5 Gal. @ $2.37$34.50
Michael Thomas07/24/2009

07/28/2009

15.1 Gal. @ $2.37

15.5 Gal. @ $2.37

$36.00

$37.01

Chanta Mansfield07/24/200917.7 Gal. @ $2.37$44.07
TOTAL 98.0 gallons$235.93
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WEST HELENA-WEST HELENA WATER DHR 08-03-2009

Department:    WEST HELENA WATER UTILITIES

                                            92 PLAZA

                              WEST HELENA, ARKANSAS

                                              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 WEST MTC METER SET

UNCOVER VALVES AND MANHOLES TWIN CITY PLAZA

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)

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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.

 

      Abandoned House List for Planning Commission – pending Submission

 

·         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

 

 

Case Date

Property Owner

Property Address

Notes

Letter

Assigned To

 

Group: 26.2006-Maintaining Inoperable or Other Damaged Vehicles on Property

7/30/2009

Fred Coleman

1 PLaza

Spoke with Coleman regarding standard of Fence, absence of gate and storage of inoperable vehicles in open area.

Yes

Patrick Allen

 

7/31/2009

John Washington

503 Ladino St.

Various cars noticed flats and broken windows

Yes

Patrick Allen

 

Group Total: 2

 

Group: Chapter 10.08 -Sewer Regulations

7/31/2009

Kasturi Athota

125 Paradise Cove

Broken sewer line

Yes

Joshua McIntosh

 

7/30/2009

Kasturi Athota

125 Paradise Cove

Sewage is running down street

Yes

Joshua McIntosh

 

Group Total: 2

 

Group: Chapter 5.12- Maintenance of Real Property

7/28/2009

Daniel & Linda Cooperwood

 Lot 7 on South St.

This is overgrown and resident is requesting the property be cleared

Yes

Patrick Allen

 

7/29/2009

Edward & Verna Boyd

527 Beech ST

Overgrown lawn

Yes

Joshua McIntosh

 

7/27/2009

Erine Austin

1000 Block Ohio

Overgrown Lot

Yes

Joshua McIntosh

 

7/27/2009

Gussie Pope

Corner of Madison & Walnut

Overgrown Lot

Yes

Joshua McIntosh

 

7/29/2009

James & Madelyn Gordon

102 Paradise Cove

House is vandalized, doors open, flooding & leaky roof. Tag & Picture.

Yes

Joshua McIntosh

 

7/30/2009

James & Madelyn Gordon

1418 Springdale

Lawn care & property clean up, bushes need cutting

Yes

Joshua McIntosh

 

7/30/2009

James & Madelyn Gordon

1421 Springdale RD.

Brushes & lawn work needed

Yes

Joshua McIntosh

 

7/27/2009

Jimmy & Corol Shepard

1000 Block Ohio

Overgrown Lot

Yes

Joshua McIntosh

 

7/29/2009

Larry & mary L Delk

225 ST Francis

Tree fell behind 225 st.francis,onto beautiful zion church lot .

Yes

Joshua McIntosh

 

7/27/2009

Lillian Townes

Corner of Madison & Walnut

Overgrown Lots

Yes

Joshua McIntosh

 

7/30/2009

Misty Taylor

1421 Springdale RD.

Stagnant water in swimming pools, lawn care & property clean up

Yes

Joshua McIntosh

 

7/31/2009

Moses & Rosetta Medley

1406 & 1408 Cherry ST.

Overgrown lawn

Yes

Joshua McIntosh

 

7/31/2009

W. G. Dinning & Margaret Vera

728 Poplar

Lawn Overgrown

Yes

Joshua McIntosh

 

Group Total: 13

 

Group: Phillips Co. Circuit Ct (Civil Division) No.PR-2002-404-3

7/27/2009

Delta Dream Builders

403 S Baringo St.

This is regarding a fence that has not been properly maintained

Yes

Patrick Allen

 

Group Total: 1

 

Total Records: 18