Government change process to be reviewed by Fort Smith board

The legal process to change through a citizen vote the city’s form of government is on the April 28 agenda of the Fort Smith Board of Directors. Directors Christina Catsavis and Jarred Rego have been the most vocal in seeking more information about the change of government process.

During a March 10 study session the board was informed of an effort underway to gather enough valid signatures to place an item on the November ballot to change the city to a mayor-council form of government.

In Fort Smith’s form of government, the city administrator is the CEO, managing an annual budget of more than $300 million and more than 1,000 city employees who provide safety, sanitation, water, sewer, and other key services to a city with a population of around 90,000.

Changing to a mayor-council form of government would place management responsibility with the mayor. Most large cities in Arkansas with a mayor-council government have at least one experienced city manager supporting the mayor in day-to-day operations. The mayor-council form of government would also include elections for city clerk, city attorney, and city treasurer, according to state law.

A presentation from attorneys Jerry Canfield and Colby Roe, with the Daily & Woods law firm, was included in the board’s Tuesday agenda packet. According to their opinions based upon their review of state law, a petition to change the form of government would require enough valid signatures to equal 15% of the number of votes for mayor in the most recent mayoral election. In November 2022, Fort Smith Mayor George McGill ran unopposed and received 17,382 votes. Based on that election, a petition to place a form of government change on the November 2026 ballot would require 2,608 valid Fort Smith voter signatures.

Signature validity would be the responsibility of Fort Smith City Clerk Sherri Gard.

Also, according to info from Canfield and Roe, a change of government question could be placed on the November 2026 ballot by an ordinance approved by the Fort Smith board.

If the question is placed on the November 2026 general election ballot, and if voters approve a change in the form of government, the first election for officials in the new form of government would be in November 2028, and the new form of government with new officials would begin Jan. 1, 2029.

Following are other items in the report from Canfield and Roe.
A governing body cannot spend public funds to promote or oppose a ballot measure, but a governing body is allowed to express an “opinion” on a ballot measure.

Initiative petitions must be filed at least 90 days before the next regular election.

The sufficiency of all local petitions shall be decided by the city clerk. If the city clerk determines the petition is sufficient, the city clerk shall certify that determination to the petition sponsors and the board of directors.

If the city clerk determines the petition is insufficient, notice is given to the petition sponsors and the board of directors and the petition sponsors have 10 days to correct or amend the petition. After the expiration of the ten-day period or resubmission (whichever occurs first), the city clerk must issue a final certification of sufficiency or insufficiency and provide notice to the petition sponsors and the board of directors.

The city clerk’s decision is final unless a lawsuit is filed within 30 days of the certification date.

Following are required elected officials in mayor-council city with population in excess of 50,000:
• 1 mayor;
• 1 city clerk;
• 2 council members from each ward of the city;
• 1 city attorney; and,
• 1 city treasurer.
• All of the above officials hold office for a term of four (4) years.

All council member positions are elected on an at-large basis, unless:
• the governing body of a city adopts an ordinance providing that council members shall be elected by wards; and,
• Board of directors could adopt such an ordinance during the transition period or the city council could adopt such an ordinance after the transition is complete.
• the governing body may provide for one ward council member to be elected at large and the other by ward.

The mayor is the ex officio president of the city council and presides over council meetings. The mayor is entitled to vote to establish a quorum of the city council and is entitled to vote “when his or her vote is needed to pass any ordinance, bylaw, resolution, order, or motion.”

The mayor is the city’s chief executive officer, and shall: supervise the conduct of all the officers of the city; have and exercise the power conferred on sheriffs to suppress disorder and keep the peace; perform such duties compatible with the office as the city council may require.

The mayor has the power of veto, that can be overridden by a vote of two-thirds (2/3) of all council members. There is no veto power over appointment to fill vacancy of council-member position.

The city council possesses all legislative powers granted to it, manages and controls finances of the city, and, provides the times and places of holding its meetings, which are open to the public.

Link here for a PDF of the report included with the April 28 board agenda packet.