A.C.A. § 14-47-112
© 1987-2016 by the State of Arkansas
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*** Current through the 2016 Second Extraordinary Session. ***
Title 14 Local Government
Subtitle 3. Municipal Government
Chapter 47 City Manager Form Of Municipal Government
A.C.A. § 14-47-112 (2016)
14-47-112. Removal of director.
(a) The holder of office of city director is subject to removal by the electors qualified to vote for a successor of the incumbent.
(b) The procedure to effect the removal of the incumbent of this elective office shall be as follows:
(1) (A) (i) A petition shall be filed with the city clerk. This petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty-five percent (35%) of the number of ballots cast for all candidates for directors at the preceding primary election at which directors were nominated or elected, demanding the election of a successor of the person sought to be removed.
(ii) The petition shall contain a statement of the grounds and reasons on account of which the removal is sought.
(B) The signatures to the petition need not all be appended to one (1) paper, but each signer shall add to his or her signature his or her place of residence, giving street and number, if any.
(C) One (1) of the signers of each of the papers shall make oath before an officer competent to administer oaths that the statements therein made are true as he or she believes and that each signature to the paper appended is a genuine signature of the person whose name it purports to be.
(2) (A) (i) Within ten (10) days of the date of filing the petition, the city clerk shall ascertain and determine whether or not the petition is signed by the requisite number of qualified electors.
(ii) If necessary, the board of directors shall allow the city clerk extra help for that purpose.
(B) The city clerk shall attach to the petition his or her certificate showing the result of his or her examination;
(3) (A) (i) If by the clerk’s certificate the petition is shown to be insufficient, it may be amended within ten (10) days.
(ii) Within ten (10) days after an amendment, the clerk shall make like examination of the amended petition.
(B) (i) If his or her certificate shall show the amended petition to be insufficient, it shall be returned to the person filing it, without prejudice, however, to the filing of a new petition to the same effect.
(ii) If the petition shall be deemed sufficient, the clerk shall submit it to the board without delay;
(4) (A) If the board shall find the petition thus submitted to it contains the requisite number of electors signed thereto and is otherwise found to be sufficient, it shall order and fix a date for holding an election. This date shall be not less than thirty (30) days nor more than forty (40) days from the date of the clerk’s certificate to the board that a sufficient petition is filed.
(B) The board shall make, or cause to be made, publication of notice and all arrangements for holding the election;
(5) (A) The election shall be conducted, returned, and the result thereof declared in all respects as are other such elections under the general election laws of the city.
(B) At the election, the proposition submitted to the electors shall be:
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(6) (A) If the majority of votes cast on the issue shall be in favor of the removal of the officer, the officer shall be deemed removed and his or her office vacated, and it shall be filled in the manner provided for filling vacancies.
(B) If the majority of the votes cast on that issue shall be against the removal of the officer, the officer shall continue to serve.
(c) No recall petition shall be filed against any officer until he or she shall have held his or her office for at least six (6) months, nor shall any officer be subject to more than one (1) recall proceeding between biennial elections.
HISTORY: Acts 1921, No. 99, § 18; Pope’s Dig., § 10106; A.S.A. 1947, § 19-718.