§ 2-232. Appointment and removal of members of appointed boards, commissions or committees.

(a)

Citizens appointed to boards, commissions, committees, task forces and similar panels shall be registered voters in the City of Fort Smith, Arkansas. Nonresidents and persons not registered to vote in the city shall not be considered for appointment. Citizens who are appointed shall maintain residency in the City of Fort Smith and shall continue to be registered voters therein throughout their term of appointment. Nonresidents who are serving on a board, commission, committee, task force or similar panel upon the passage of this section may continue doing so until their current term expires.

(b)

Prior to being considered for appointment to a board, commission or committee, a citizen shall have submitted a current application within the last twelve (12) months. Applicants whose applications are older than twelve (12) months will not be considered for appointment.

(c)

Citizens may serve on only one (1) board, commission or committee at a time. Exceptions may be made by the board of directors and will be considered where appointment to a board, commission or committee has special or unique qualifications for membership, thereby limiting the number of qualified applicants; or where there may be a short period of overlap in terms.

(d)

Members of boards, commissions and committees, except as otherwise specifically provided by state law or this Code, may be removed by a two-thirds' ( 2/3 ) vote of the entire board of directors. Procedurally, the issue of potential removal of a member of a board, commission or committee shall first be discussed in an executive session of the board of directors. If formal removal of a member of a board, commission or committee is then contemplated, the board of directors shall state the cause(s) for the contemplated removal and the matter shall be placed on the agenda for the board of directors' next regular meeting, and the affected board or committee member or commissioner shall be notified of the contemplated removal and cause(s) therefor and given an opportunity, personally, to address the board of directors concerning the removal. Grounds for removal, although not deemed exclusive, may be that the member:

(1)

Lacks at any time during the member's term of appointment any qualifications for the board, commission, or committee membership prescribed by law or this Code; or

(2)

Is absent from three (3) consecutive regular meetings. The determination of whether a member's absence is excused or unexcused shall be made by the other members of the same board, commission or committee; or

(3)

For cause (cause shall include, but not necessarily be limited to, misfeasance, malfeasance or nonfeasance).

(e)

A board, commission or committee membership becomes vacant, except as otherwise specifically provided by state law or this Code, on the happening of any of the following events before expiration of the term:

(1)

The death of the appointee;

(2)

His or her incompetence as determined by final judgment or final order of a court of competent jurisdiction;

(3)

His or her resignation;

(4)

His or her removal from office;

(5)

His or her conviction of a felony or of any offense involving a violation of his or her official duties;

(6)

Failure to maintain residency in Fort Smith;

(7)

Failure to be a qualified elector; or

(8)

His or her conviction of a felony (conviction includes pleas of guilty or nolo contendere as well as findings of guilt after trial by bench or jury) or of violating the substance abuse laws of the state.

(Ord. No. 83-09, 10-6-09; Ord. No. 28-10, § 1, 6-15-10; Ord. No. 103-11, § 1, 12-6-11; Ord. No. 11-13, §§ 1, 2, 2-19-12)

Editor's note

Ord. No. 11-13, § 2, adopted Feb. 19, 2012, renumbered § 2-48 as § 2-232. Ord. No. 103-11, § 1, adopted Dec. 6, 2011, amended § 2-232 title to read as herein set out. Former § 2-232 title pertained to removal of members of appointed boards, commissions or committees.