This ordinance failed on its second reading Nov. 26, 2007

ORDINANCE 2068

AN ORDINANCE SETTING THE PROCEDURE FOR THE REMOVAL OF

APPOINTED COMMISSIONERS

WHEREAS the City Council of Eureka Springs, AR believes it to be in the best interest of the City,

AND WHEREAS Arkansas Code Annotated 14-42-109 authorizes the removal of certain appointed officers by proper ordinance;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF EUREKA SPRINGS, ARKANSAS, THAT:

Section 1. That the Municipal Code of the City of Eureka Springs, Arkansas,

is hereby amended.

Section 2. That the City of Eureka Springs, Arkansas, does adopt the following procedure for the removal of all appointed commissioners not otherwise provided for by statue as authorized by Arkansas Code Annotated 14-42-109.

Section 3. That upon a showing of good cause for removal, the City Council of Eureka Springs, Arkansas, may adopt an ordinance by majority vote removing one or more

commissioners whose method of removal is not otherwise provided for in the Arkansas Code Annotated.

Section 4. That good cause for removal is hereby defined as:

A. Conviction of the commissioner in a court of competent jurisdiction of an “A”

class misdemeanor or any felony;

B. Absence by the commissioner from more than 50 % of the meetings of

commission for the past six months;

C. Changing of residence by the commissioner to a location outside the Corporate

Limits of the City of Eureka Springs, Arkansas, or

D. ________________________________________________

Section 5. That provisions of this ordinance are hereby declared to be separable and if any provision shall for any reason be held illegal or invalid, such holding shall not effect the validity of the remainder of this ordinance.

Section 6. All ordinances and resolutions or parts thereof, in conflict here with are hereby repealed to the extent of such conflict.

Passed _________________________, 2007.

Approved:

_________________________________

Attest: Mayor Dani D. Joy

___________________________________

City Clerk-Treasurer Mary Jean Sell