Does an Arkansas mayor have law-enforcement powers like a sheriff, and can a county sheriff still operate inside a first-class city's limits?

Plain-English summary

An Arkansas city of the first class is run by a mayor and city council. Section 14-43-504 of the Arkansas Code calls the mayor a "conservator of the peace" and gives the mayor the same power within city limits that a sheriff has to suppress disorder, keep the peace, and enforce ordinances. Representative McClure asked the AG to spell out what this actually means and whether a county sheriff still has jurisdiction inside a city that has its own police force.

The AG's answers:

1. Yes, a mayor of a first-class city has the same power as a sheriff to suppress disorder and keep the peace, but only within city limits. This authority traces back to an 1875 act that called the mayor "a conservator of the peace throughout [the city's] limits." Today's statute carries that forward.

2. Specifically, a mayor can: make arrests with probable cause, issue citations, procure process for arresting ordinance violators. Outside city limits, the mayor's authority is sharply limited to four scenarios: fresh pursuit, holding an arrest warrant, written-policy assistance request from another agency, or a contiguous-county sheriff or mayor requesting drug-law enforcement help.

3. No, the sheriff does not lose jurisdiction inside a city. A sheriff is the conservator of the peace for the entire county, which includes municipalities in the county. A.C.A. § 27-53-303 (about traffic accident investigation) recognizes overlapping jurisdictions and requires cooperation, not exclusion.

The AG also flagged a substantial caution: a mayor exercising police authority without proper law-enforcement training risks violating individual rights and exposing both the mayor and the city to civil rights litigation under 42 U.S.C. § 1983 and A.C.A. § 16-123-105. Elected law-enforcement officers (including mayors) are not bound by Arkansas Commission on Law Enforcement Standards selection and training requirements, but the General Assembly has called minimum training in the public interest.

What this means for you

Mayors of cities of the first class

You have law-enforcement powers, but they come with constitutional and procedural limits. Probable cause is required for arrests. The Fourth, Fifth, Sixth, and Eighth Amendments apply. Arkansas Rule of Criminal Procedure 4.1 specifies the bases for warrantless arrest. A poorly executed arrest can produce a federal civil rights lawsuit against you personally and against the city.

In practice, most mayors do not exercise these powers because the city has its own police department. The authority is on the books. Whether to use it is a separate judgment. If you are in a small city without a chief or where the police chief is unavailable, you have the legal capacity to act, but get training first.

City attorneys

The mayor's police authority is statutory and survives even where the city has a chartered police department. If a mayor uses the authority, the city's litigation exposure runs through the same channels as for any officer: § 1983, state civil rights claims, and qualified-immunity analysis. Train or document the mayor's training (or lack of training) so qualified-immunity arguments are properly preserved.

Regarding sheriff coordination, the sheriff retains countywide jurisdiction. Practical conflicts (which agency takes the lead at a particular scene) should be handled by mutual-aid agreements or local SOPs rather than by litigating jurisdiction.

County sheriffs

Your office's authority extends through every municipality in the county, including those with police departments. Some areas have built protocols where city police take primary responsibility for routine calls inside city limits and the sheriff backstops or handles serious incidents and drug interdiction. The statute does not require any particular allocation; it just confirms you have authority everywhere.

Police chiefs and municipal officers

Your jurisdiction inside the city is concurrent with the sheriff's, not exclusive of it. Mayors retain peace-officer authority. Coordinate with both the sheriff's office and the mayor's office on serious incidents.

Citizens and journalists

If you wonder why your mayor or your sheriff appeared at a scene inside city limits, both have legal authority to be there. Whether they exercised it correctly is a separate question of training and procedure. The mayor's authority is a holdover from 19th-century statute and is rarely used in practice.

Common questions

What is a "city of the first class"?
Arkansas classifies cities by population. Cities of the first class are larger municipalities; cities of the second class are smaller. The mayoral peace-officer authority discussed here is in the cities-of-the-first-class chapter (A.C.A. Title 14, Subtitle 3, Chapter 43).

What is a "conservator of the peace"?
A peace officer or law-enforcement officer. The Arkansas Supreme Court in Ex parte Levy, 204 Ark. 657, 163 S.W.2d 529 (1942), called "conservator of the peace" synonymous with "peace officer." Sheriffs, constables, and police officers all fit the definition.

What does "fresh pursuit" mean for cross-jurisdiction arrest?
A.C.A. § 16-81-303(b) defines fresh pursuit as pursuit "without reasonable delay." It does not require instant pursuit, but it does require the chase to start in the officer's home jurisdiction. Once the pursuit is broken or substantially delayed, the cross-jurisdiction authority ends.

Can a mayor be sued personally for an unlawful arrest?
Yes. 42 U.S.C. § 1983 (federal) and A.C.A. § 16-123-105 (state) both create civil-rights causes of action against officials who violate constitutional or statutory rights. Mayors are not exempt from these doctrines.

Why does the AG flag training as a concern?
Elected law-enforcement officers are exempt from the Arkansas Commission on Law Enforcement Standards (A.C.A. § 12-9-102(3)) selection and training requirements. The General Assembly nonetheless declared minimum training in the public interest (A.C.A. § 12-9-101). A trained officer's actions are more defensible in court; an untrained officer's actions are more vulnerable.

Does this apply to second-class cities or incorporated towns?
The opinion is specifically about cities of the first class. Smaller municipalities have parallel but not identical statutes. Check the cities-of-the-second-class and incorporated-town chapters for the analogous provisions if relevant.

Background and statutory framework

Mayoral peace-officer authority. A.C.A. § 14-43-504(a) makes the mayor of a city of the first class "the conservator of its peace" and gives the mayor a "special duty to cause the ordinances and regulations of the city to be faithfully and constantly obeyed." Subsection (b)(2) confers "the power conferred on sheriffs, within the city limits, to suppress disorder and keep the peace."

Historical lineage. Act 1 of 1875, § 45, originally provided: "The Mayor of the corporation shall be a conservator of the peace throughout its limits, and shall have within the same all the power and jurisdiction of a Justice of the Peace in all matters, civil or criminal." The current code carries forward the peace-officer authority but no longer the justice-of-the-peace authority.

Mayor's specific arrest powers within city limits. A.C.A. § 14-52-204 authorizes a mayor to make arrests with probable cause for ordinance violations and to procure process for arrest. A.C.A. § 16-10-205 authorizes a mayor to issue citations.

Out-of-jurisdiction arrest authority. Per Colston v. State, 346 Ark. 503, 511, 58 S.W.3d 375, 381 (2001) (Arkansas Supreme Court), and Perry v. State, 303 Ark. 100, 794 S.W.2d 141 (1990) (Arkansas Supreme Court), an officer outside the territorial limits of his or her jurisdiction generally cannot apprehend an offender without specific statutory authority. Four exceptions exist:

1. Fresh pursuit (A.C.A. § 16-81-303(b))
2. Outstanding warrant for arrest
3. Cross-jurisdiction assistance request from another law-enforcement agency, with that agency's written policy
4. Contiguous-county sheriff or mayor requesting drug-law assistance

Sheriff's countywide jurisdiction. A.C.A. § 14-15-501(a) makes "[e]ach sheriff... a conservator of the peace in his or her county." Earlier AG opinion 86-213 confirmed that this includes municipalities. A.C.A. § 27-53-303(a) addresses overlapping jurisdiction in the traffic-accident investigation context and requires cooperation.

Civil rights exposure. 42 U.S.C. § 1983 and A.C.A. § 16-123-105 give private causes of action for rights violations. The Fourth Amendment governs arrests; the Fifth, Sixth, and Eighth Amendments add other constitutional protections. Ark. R. Crim. P. 4.1 lists the bases on which someone may be arrested without a warrant.

Training exemption. A.C.A. § 12-9-102(3) exempts elected law-enforcement officers from CLEST selection and training requirements. A.C.A. § 12-9-101 nonetheless declares minimum training in the public interest.

Citations

• A.C.A. § 14-43-504(a), (b)(2) (mayor as peace officer; powers conferred on sheriffs)
• A.C.A. § 14-52-204 (arrests with probable cause for ordinance violations)
• A.C.A. § 16-10-205 (citation authority)
• A.C.A. § 14-15-501(a) (sheriff as countywide peace officer)
• A.C.A. § 27-53-303(a) (overlapping jurisdiction; traffic accident cooperation)
• A.C.A. § 16-81-303(b) (fresh pursuit definition)
• A.C.A. § 12-9-101, § 12-9-102(3) (training and exemption)
• 42 U.S.C. § 1983 (federal civil rights cause of action)
• A.C.A. § 16-123-105 (state civil rights cause of action)
• U.S. Const. amend. IV-VIII; Ark. R. Crim. P. 4.1
• Act 1 of 1875, § 45 (historical mayoral peace-officer authority)
• Ex parte Levy, 204 Ark. 657, 163 S.W.2d 529 (1942) (peace officer = conservator of the peace)
• Perry v. State, 303 Ark. 100, 794 S.W.2d 141 (1990) (territorial limits on arrest)
• Colston v. State, 346 Ark. 503, 58 S.W.3d 375 (2001) (four exceptions for out-of-jurisdiction arrests)

Source

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

Original opinion text

Opinion No. 2023-104
April 25, 2024
The Honorable Rick McClure
State Representative
2424 Sulfur Springs Road
Malvern, Arkansas 72104
Dear Representative McClure:
You have requested my opinion regarding the law-enforcement authority of mayors of cities of the first class and the concurrent jurisdictions of sheriffs and municipal police departments within city limits. You have asked the following three questions:

1. Pursuant to A.C.A. § 14-43-504, in cities of the first class, does a Mayor possess similar or the same power as a county sheriff to suppress disorder and keep the peace?
2. Further, in cities of the first class, what specific law-enforcement powers or authority does a Mayor possess?
3. Arkansas Code § 27-53-303 generally states that the municipal police have jurisdiction in the municipality and the sheriff for the county and other municipalities. In a city of the first class, does a sheriff lack jurisdiction within the city limits, provided the city has a functioning police department?

RESPONSE
Since at least 1875, the General Assembly has granted mayors law-enforcement authority within their cities to suppress disorder, keep the peace, and make arrests under certain circumstances. Today, the exercise of that authority is subject to certain constitutional and procedural protections. Thus, without proper law-enforcement training, a mayor exercising his or her law-enforcement authority could easily infringe an individual's rights, thereby subjecting themselves or the city to litigation and monetary damages.

DISCUSSION
Question 1: Pursuant to A.C.A. § 14-43-504, in cities of the first class, does a Mayor possess similar or the same power as a county sheriff to suppress disorder and keep the peace?

Yes. A mayor of a city of the first class has the same power as a sheriff to suppress disorder and keep the peace within the city limits:

The mayor of the city shall be… conservator of its peace. It shall be [the mayor's] special duty to cause the ordinances and regulations of the city to be faithfully and constantly obeyed…. The mayor shall…[h]ave and exercise the power conferred on sheriffs, within the city limits, to suppress disorder and keep the peace….

Based on these provisions, a mayor of a city of the first class has three grants of authority to suppress disorder and keep the peace within the city limits. First, a mayor is labeled "conservator of the peace," which is another name for peace officer or law-enforcement officer. Sheriffs, constables, and police officers are also conservators of the peace. A conservator of the peace should prevent breaches of the peace and arrest anyone who breaches the peace in the conservator's presence.

Second, a mayor is charged with enforcing the city's ordinances and regulations. This authority is broader than suppressing disorder and keeping the peace. A mayor has "a special duty" to enforce all the city's ordinances and regulations, even those unrelated to suppressing disorder or keeping the peace.

Finally, A.C.A. § 14-43-504(b)(2) specifically notes that a mayor has the same power as that "conferred on sheriffs… to suppress disorder and keep the peace." The only limitation on this grant of authority is that a mayor's power to suppress disorder and keep the peace does not exist beyond the city's limits.

Question 2: Further, in cities of the first class, what specific law-enforcement powers or authority does a Mayor possess?

Inside the city limits, a mayor of a city of the first class can make arrests with probable cause and issue citations.

Outside the city limits, a mayor generally cannot make arrests unless authorized by statute or one of the following four situations exist: (1) the mayor is in fresh pursuit, (2) the mayor has a warrant for arrest, (3) a law-enforcement agency outside the city limits requests the mayor's assistance and the agency has a written policy regulating officers operating outside their jurisdiction, and (4) a sheriff or mayor in a contiguous county asks the mayor to come into the county for enforcement of drug laws. While the second, third, and fourth situations are prompted by a written document or an agreement that proceeds the arrest, the first situation is not pre-arranged. Instead, fresh pursuit is the chase of a suspect "without reasonable delay" with the pursuit beginning in the mayor's jurisdiction.

Question 3: Arkansas Code § 27-53-303 generally states that the municipal police have jurisdiction in the municipality and the sheriff for the county and other municipalities. In a city of the first class, does a sheriff lack jurisdiction within the city limits, provided the city has a functioning police department?

A sheriff has jurisdiction over the whole county, including municipalities within the county, even if a city has a functioning police department. The provision referenced in your question, A.C.A. § 27-53-303, outlines which law-enforcement agencies generally have primary responsibility for investigating and reporting traffic accidents in certain jurisdictions. But that section also recognizes that there are "overlapping jurisdiction[s]" in which law-enforcement agencies must work "cooperatively" to investigate and report traffic accidents.

Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.

Sincerely,
TIM GRIFFIN
Attorney General