§ 14-269-302 - Commission -- Creation -- Members. - Arkansas Statutes

14-269-302. Commission -- Creation -- Members.

(a) (1) Any city of the first class or city of the second class desiring to avail itself of the benefits of this subchapter, by a majority vote of the elected and qualified members of the city council, may enact an ordinance creating a parks and recreation commission to be composed of no fewer than five (5) nor more than fifteen (15) citizens who are qualified electors of the municipality and, by affirmative vote of three-fourths (3/4) of the elected and qualified members of the city council, may repeal the ordinance creating the commission.

(2) The city council of any city of the first class or city of the second class may increase the membership of its parks and recreation commission to no more than fifteen (15) members under subsection (e) of this section if the city council determines that an enlarged commission could better serve the city's parks and recreation program.

(b) (1) (A) The commissioners:

(i) Shall be appointed by the mayor;

(ii) Shall be confirmed by a majority vote of the duly elected and qualified members of the city council; and

(iii) Shall hold office for a term of five (5) years.

(B) (i) However, the first commissioners to be appointed and confirmed shall serve for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, to be designated by the mayor and city council.

(ii) Thereafter, upon the expiration of their respective terms, commissioners appointed by the mayor and approved by a majority vote of the city council shall each be appointed for a term of five (5) years.

(2) The commissioners may be reappointed.

(c) (1) In the event of a vacancy occurring on the commission, it shall be filled by appointment by the mayor, subject to the approval of a majority vote of the duly elected and qualified members of the city council.

(2) A vacancy shall be filled for the remainder of the term.

(d) Each commissioner shall file the oath required of public officials in the State of Arkansas.

(e) (1) In the event the city council of any city votes to increase the membership of its parks and recreation commission under subdivision (a)(2) of this section, then the additional members of the commission shall be appointed in the manner provided in subsection (b) of this section and shall serve terms as provided in subdivision (e)(4) of this section.

(2) Their successors shall be appointed for five-year terms.

(3) The members shall qualify in the same manner as provided in subsection (a) of this section for other commission members, and vacancies in either of the additional member positions shall be filled in the manner provided in subsection (c) of this section.

(4) Upon increasing the number of members of the commission, the existing and additional commissioners shall serve initial terms as follows:

(A) For commissions of six (6) members, the initial terms shall be:

(i) One (1) member with a term of one (1) year;

(ii) One (1) member with a term of two (2) years;

(iii) One (1) member with a term of three (3) years;

(iv) One (1) member with a term of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(B) For commissions of seven (7) members, the initial terms shall be:

(i) One (1) member with a term of one (1) year;

(ii) One (1) member with a term of two (2) years

(iii) One member with a term of three (3) years;

(iv) Two (2) members with terms of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(C) For commissions of eight (8) members, the initial terms shall be:

(i) One (1) member with a term of one (1) year;

(ii) One (1) member with a term of two (2) years;

(iii) Two (2) members with terms of three (3) years;

(iv) Two (2) members with terms of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(D) For commissions of nine (9) members, the initial terms shall be:

(i) One (1) member with a term of (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Two (2) members with terms of three (3) years;

(iv) Two (2) members with terms of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(E) For commissions of ten (10) members, the initial terms shall be:

(i) Two (2) members with terms of one (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Two (2) members with terms of three (3) years;

(iv) Two (2) members with terms of four (4) years; and

(v) Two (2) members with terms of five (5) years;

(F) For commissions of eleven (11) members, the initial terms shall be:

(i) Two (2) members with terms of one (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Two (2) members with terms of (3) years;

(iv) Two (2) members with terms of (4) years; and

(v) Three (3) members with terms of five (5) years;

(G) For commissions of twelve (12) members, the initial terms shall be:

(i) Two (2) members with terms of one (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Two (2) members with terms of three (3) years;

(iv) Three (3) members with terms of four (4) years; and

(v) Three (3) members with terms of five (5) years;

(H) For commissions of thirteen (13) members, the initial terms shall be:

(i) Two (2) members with terms of one (1) year;

(ii) Two (2) members with terms of two (2) years;

(iii) Three (3) members with terms of three (3) years;

(iv) Three (3) members with terms of four (4) years; and

(v) Three (3) members with terms of five (5) years;

(I) For commissions of fourteen (14) members, the initial terms shall be:

(i) Two (2) members with terms of (1) year;

(ii) Three (3) members with terms of two (2) years;

(iii) Three (3) members with terms of three (3) years;

(iv) Three (3) members with terms of four (4) years; and

(v) Three (3) members with terms of five (5) years; and

(J) For commissions of fifteen (15) members, the initial terms shall be:

(i) Three (3) members with terms of one (1) year;

(ii) Three (3) members with terms of two (2) years;

(iii) Three (3) members with terms of three (3) years;

(iv) Three (3) members with terms of four (4) years; and

(v) Three (3) members with terms of five (5) years.

(f) Upon the appointment of the commissioners as provided in this section, the mayor and city council shall execute such instruments and enact such measures as may be necessary to vest complete charge of the municipally owned parks and recreation facilities in the commissioners.

(g) Any commissioner appointed by the provisions of this section may be removed for cause upon a two-thirds (2/3) vote of the elected and qualified members of the city council.