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

Representative Hope Duke asked three questions about mayoral vetoes in an Arkansas city with the city administrator form of government. The Attorney General gave two “No” answers and one qualified “Possibly.”

First, a mayor's attempted veto cannot revive or overturn a measure the board of directors never passed. An unpassed motion, resolution, or ordinance is already a nullity. There is no board action for a veto to undo. Second, a mayor cannot authorize city spending through a veto. A.C.A. § 14-48-122 gives the board authority over municipal budgets and revisions. A veto of a passed budget would make that budget a nullity rather than authorize payment. Footnote 5 says five or more board members can override a veto.

Third, Duke asked whether the city could still make payments when a measure was never approved and funds were supposedly authorized by veto. The AG answered “Possibly.” The city administrator has broad authority over the current budget for departments, agencies, offices, public utilities, and employees and can continue operating under the existing budget while the mayor and board discuss amendments. The opinion does not identify a new source of spending authority or decide whether any particular payment is within the existing budget.

What this means for you

Mayors and board members

Check whether the board actually adopted the measure. If it did not, a mayoral “veto” changes nothing. If the mayor vetoes a passed budget, the veto does not substitute the mayor's spending choices for the board's; the board and mayor must resolve the disagreement or the board may override with at least five affirmative votes, as footnote 5 explains.

City administrators and finance staff

The AG's qualified answer points to the existing budget. Identify whether a proposed payment is within that budget before relying on this opinion. It says the administrator can continue operating under the current budget while a revision is discussed; it does not approve payments justified solely by a veto.

Residents following a budget dispute

A report that “the mayor vetoed the measure” does not tell you whether the measure had first passed. That sequence determines whether there was anything to veto. This opinion also distinguishes a proposed budget or revision from the existing budget under which the administrator may continue operating.

Common questions

Can a veto turn a board's failed vote into a successful measure? No. The AG said an unpassed measure is a nullity, so an attempted veto does not reverse or overturn anything.

Can a mayor use a veto to authorize a payment the board did not approve? No. The opinion says budgets and revisions are controlled by A.C.A. § 14-48-122, which gives the board spending authority.

Can city payments continue during a budget disagreement?
Possibly. The AG said the city administrator can continue operating under the existing budget while the mayor and board discuss whether to amend it. He did not decide whether a particular proposed payment was covered.

How can the board override a mayoral veto?
Footnote 5 quotes A.C.A. § 14-48-111(b)(2): “the affirmative vote of five (5) or more members of the board.”

Background and statutory framework

Footnote 1 cites A.C.A. § 14-48-120(e)(1) and prior AG opinions for the effect of a measure the board did not adopt. Footnote 3 cites § 14-48-122 for board budget authority. Footnote 6 cites § 14-48-117 for the city administrator's role under the current budget. The opinion addresses cities using the city administrator form of government.

Citations

• A.C.A. § 14-48-111(b)(2); § 14-48-117; § 14-48-120(e)(1); § 14-48-122
• Ark. Att'y Gen. Ops. 2009-144, 2009-138, 2000-319, 81-38

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

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. 1 Therefore, since there is no action for the mayor to veto, an attempted veto would not “reverse” or “overturn” anything. 2

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. 3 If the mayor vetoed the budget, the veto would not

1
If the board of directors does not adopt a motion, resolution, or ordinance, the measure is not binding. See A.C.A.
§ 14-48-120(e)(1). See also Ark. Att’y Gen. Ops. 2009-144, 2009-138, 2000-319. 2 A veto would render the measure a nullity. See Ark. Att’y Gen. Ops. 2000-319 (opining “the veto would render the ordinance a nullity”), 81-38 (opining “a vetoed ordinance is a nullity”). 3 A.C.A. § 14-48-122.

The Honorable Hope Duke
State Representative
Opinion No. 2023-047
Page 2

authorize any spending. 4 Instead, the veto would re-start discussion between the board and the mayor over the spending at issue. 5

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. 6 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

4
A veto would render the budget a nullity. See supra note 2.
5
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).
6
A.C.A. § 14-48-117.