§ 14-48-110 - Board of directors and mayor generally. - Arkansas Statutes

14-48-110. Board of directors and mayor generally.

(a) (1) The seven (7) directors elected by a city reorganized under this chapter shall be known and designated as the board of directors of the city.

(2) The board of directors of the city shall constitute the legislative and executive body of the city, subject to the powers of the mayor in 14-48-111, and shall be vested with all powers and authority which, immediately prior to the effective date of the reorganization, were vested under then-existing laws, ordinances, and resolutions in the governing body of the city and in its board of public affairs subject to the powers of the city administrator in 14-48-117.

(3) Except when expressly permitted under this chapter, the mayor or director may not serve the city in any other capacity.

(b) (1) The positions upon the board of directors shall, for election purposes, be permanently designated as positions, numbered respectively, one, two, three, four, five, six, and seven.

(2) (A) Each candidate for election to membership on the board of directors of the city shall specify the position for which he or she is running.

(B) The electors shall vote separately on the candidates for each position, and the position sought by each candidate shall be shown on the ballot.

(c) (1) Except in the instances in which the mayor and directors are elected at special elections as provided in 14-48-108 and 14-48-109, the mayor and directors shall be elected at the general elections held biennially for the election of state and county offices.

(2) Each such general election shall be utilized for the election of successors to the mayor and to those directors whose terms expire on December 31 following the election.

(d) (1) All primary, general, and special elections of the mayor and directors shall be nonpartisan, and the ballots shall show no party designation.

(2) (A) In all primary, general, and special elections, each candidate for the office of mayor or director shall be elected by the electors of the city as follows:

(i) The persons elected to fill director positions one, two, three, and four, respectively, shall be qualified electors of the respective wards and shall be elected by the qualified electors of the respective wards; and

(ii) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall be qualified electors of the city and shall be elected by the qualified electors of the entire city.

(B) Neither the mayor nor a director shall be prohibited from holding successive terms of office.

(C) (i) (a) The persons elected to fill director positions one, two, three, and four, respectively, shall continue to reside in the ward from which he or she was elected for the term for which he or she was elected.

(b) The persons elected to fill the position of mayor and director positions five, six, and seven, respectively, shall continue to reside in the city from which he or she was elected for the term for which he or she was elected.

(ii) If a duly elected director shall cease to reside in the ward or the city from which he or she was elected, the director shall be disqualified to hold the office and a vacancy shall exist that shall be filled as prescribed by law.

(e) (1) The mayor and any director elected at a special election shall take office on the first Monday following the certification, as required in this chapter, of his or her election.

(2) The mayor and any director elected at a general election shall take office on January 1 following his or her election.

(f) (1) At any primary, general, or special election for the election of the mayor or any director, any adult person who has resided within the municipality for at least six (6) months and is qualified to vote at an election of county or state offices shall be deemed a qualified elector.

(2) Any person twenty-one (21) years of age or older possessing these same qualifications also shall be eligible to run for the office of mayor or director.

(g) When a city is reorganized under this chapter, the mayor and board of directors will be divided into two (2) classes, and the tenure of office of those in each class shall be as follows:

(1) Director positions one, two, three, and four shall be Class Number One. Class Number One directors shall serve until and including December 31 following the first general election held after their terms of office commence and until their successors have been elected and qualified. Thereafter, those in Class Number One shall serve four-year terms; and

(2) The mayor and director positions five, six, and seven shall be Class Number Two. Class Number Two directors shall serve until and including December 31 following the second general election held after their term of office commence, and until their successors have been elected and qualified. Thereafter, those in Class Number Two shall serve four-year terms.