In an Arkansas city administrator city, can the mayor's veto force a measure the board never passed, or unilaterally authorize spending?
Plain-English summary
Arkansas cities can be organized in several forms of government. The "city administrator" form puts a professional administrator in charge of day-to-day operations, with policy set by an elected board of directors and a mayor who serves as presiding officer with limited executive authority. Representative Duke asked three connected questions about how mayoral vetoes work in that form of government.
Question 1: A mayor cannot veto a measure the board never passed. If the board votes against an ordinance, that measure is a nullity. There is nothing for the mayor to veto. An attempted veto on a failed measure has no legal effect because the measure already has none. (The flip side: if the board passes an ordinance and the mayor vetoes it, the veto turns the passed ordinance into a nullity, unless the board overrides by five or more votes.)
Question 2: A mayor cannot authorize municipal spending through a veto. Spending authority belongs to the board of directors under A.C.A. § 14-48-122. If the mayor vetoes a budget that the board passed, the veto kills the budget; it does not create new spending authority. What it does do is restart the conversation between the board and the mayor.
Question 3: While the dispute is ongoing, can the city keep operating? Yes, generally. Under A.C.A. § 14-48-117, the city administrator has broad authority over the existing budget for departments, agencies, offices, public utilities, and employees. The administrator can continue running the city under the existing (already-adopted) budget while the board and mayor work out the disagreement over a new or amended budget.
The bigger picture: the city administrator form is designed so that a single executive's disagreement with the legislative body cannot grind operations to a halt. The administrator manages the existing authority. The board sets policy. The mayor's veto is a check on what the board has passed, not a tool to substitute the mayor's policy preferences for the board's.
What this means for you
Mayors in a city administrator form
You have veto authority, but it only operates on measures the board has actually passed. You cannot use a veto to make a measure happen, or to stop a measure that is already not happening. If you want a different policy, your route is persuasion (of the board) or, ultimately, the ballot box. If the board passes a budget you disagree with, your veto kills the budget; the consequences are then on you and the board to figure out together, while the administrator runs the city under the existing budget.
Document your veto reasoning clearly. The board can override with five or more votes, so a poorly explained veto invites override; a well-reasoned veto carries weight in the next round of negotiation.
Board of directors
If the mayor vetoes a budget you passed, you have two paths. First, the override path: an affirmative vote of five or more board members overrides the veto and reinstates the budget. Second, the negotiation path: rework the budget to address the mayor's stated objections and pass a new version. Either way, the city administrator continues operating under the existing budget while you decide.
Do not rely on a mayoral veto to "fix" a measure your board failed to pass. The vetoed-but-failed measure remains a nullity. If you want it to take effect, the path is to pass it.
City administrators
You are the operations layer that absorbs political turbulence. Your authority over the existing budget for departments, agencies, public utilities, and employees lets the city function while the board and mayor work out disagreements. Use that authority cautiously: stay within the four corners of the existing budget, don't try to redirect resources in ways that would have required new appropriation. If a budget impasse drags on, plan for cash and project timing within what is already authorized.
City attorneys
When the mayor purports to "veto" an unpassed measure, advise the council and the public that the veto has no legal effect. The measure is already a nullity. This matters because public confusion about the legal status of a vetoed-but-failed measure can create the wrong impression of who blocked what.
When advising on budget disputes, walk both the mayor and the board through the override math (five votes) and the administrator's operating authority under § 14-48-117. The legal framework is designed to keep operations running while the political dispute resolves.
Citizens watching municipal government
If you hear that "the mayor vetoed it," check what was actually before the board. A veto only operates on a passed measure. If the board never passed it, the veto is theater, not law. Ask the city attorney for clarity rather than trusting press releases.
Common questions
My city is in the city administrator form. Where do I find the rules?
The city administrator form is governed by A.C.A. §§ 14-48-101 to -130. Key sections: § 14-48-111(b)(2) (override threshold), § 14-48-117 (city administrator authority), § 14-48-120 (board action requirements), § 14-48-122 (budget authority).
What is the override threshold?
Five affirmative votes from the board overrides a mayoral veto in a city administrator form. The threshold does not depend on board size; it is a fixed number.
What if the board has not passed the budget yet but the existing budget is about to expire?
The administrator's authority under § 14-48-117 is over the existing budget. If the existing budget formally expires without renewal, that authority is constrained. Plan well before expiration to avoid this scenario; statutory continuity provisions and emergency-ordinance options may apply.
Does this apply to the mayor-council form or other forms of municipal government in Arkansas?
This opinion specifically addresses the city administrator form. The rules for mayor-council and city manager forms differ. Confirm your form before applying the analysis here.
Can the mayor refuse to sign the budget without vetoing it?
The veto and the failure to sign produce different effects depending on form, statute, and any local procedure. Talk to the city attorney rather than guess from analogy to other levels of government.
The board of directors passed a measure 4-3 and the mayor vetoed it. Can it become law?
Only by override, which requires five or more board votes. A 4-3 majority is not enough to override. The vetoed measure is a nullity unless the override succeeds.
Background and statutory framework
The city administrator form of government in Arkansas is detailed in A.C.A. ch. 14, subch. 48. It is a managerial form: a board of directors sets policy, a city administrator runs operations, and the mayor serves as presiding officer with limited executive authority including the veto.
The mayor's veto applies only to measures the board has passed. A measure that fails passage is a nullity by operation of A.C.A. § 14-48-120(e)(1). Prior AG opinions (2009-144, 2009-138, 2000-319) have consistently held that a vetoed ordinance is also a nullity. So a "veto" of a failed measure attempts to act on something that is already without legal effect.
Spending authority is vested in the board under A.C.A. § 14-48-122. The mayor cannot create spending authority through a veto. A vetoed budget is a nullity, not an alternate budget.
The city administrator's continuing authority under A.C.A. § 14-48-117 extends to "departments, agencies, offices, public utilities, and employees" within the existing budget. This is what keeps the city running during board-mayor budget disputes.
The override threshold is set by A.C.A. § 14-48-111(b)(2): five or more affirmative votes of the board to override a mayoral veto.
Citations
- A.C.A. § 14-48-111(b)(2) (board override of mayoral veto)
- A.C.A. § 14-48-117 (city administrator's authority over existing budget)
- A.C.A. § 14-48-120(e)(1) (effect of board failure to pass)
- A.C.A. § 14-48-122 (board authority over municipal budget)
- Ark. Att'y Gen. Ops. 2009-144, 2009-138, 2000-319, 81-38 (vetoed/failed measures are nullities)
Source
Original opinion text
Opinion No. 2023-047
August 16, 2023
The Honorable Hope Duke
State Representative
18172 West Highway 72
Gravette, Arkansas 72736
Dear Representative Duke:
You requested my opinion on the following three questions regarding mayoral vetoes in relation to municipalities with the city administrator form of government.
Question 1: In a city administrator form of government, if the mayor vetoes a measure not passed by the board of directors, does the veto reverse and overturn the board of directors' failed action?
No, if the board of directors does not pass the measure, the measure is a nullity. Therefore, since there is no action for the mayor to veto, an attempted veto would not "reverse" or "overturn" anything.
Question 2: Further, in a city administrator form of government, can municipal funds be authorized by the mayor through use of a veto?
No, municipal budgets and budget revisions are controlled by A.C.A. § 14-48-122, which gives the board of directors authority over spending. If the mayor vetoed the budget, the veto would not authorize any spending. Instead, the veto would re-start discussion between the board and the mayor over the spending at issue. Or the mayor's veto can be "overridden by the affirmative vote of five (5) or more members of the board." A.C.A. § 14-48-111(b)(2).
Question 3: Building on the first two questions, despite never being approved by the board of directors and with funds only authorized by a veto, can municipal fund payments still be utilized and made by the city?
Possibly. Because this relates to a city administrator form of government, the city administrator has broad authority over the current budget for the city's departments, agencies, offices, public utilities, and employees. The city administrator can continue operating under the existing budget while the mayor and board of directors work out any disagreements on whether the existing budget needs to be amended.
Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General