(a) To lawfully hold a public meeting, a governing body shall ensure that:(1) Prior notice of the public meeting has been provided as required under subsection (b) of this section;(2) Any executive session held within a public meeting is conducted as required under subsection (c) of this section;(3) The public meeting is recorded as provided under subsection (d) of this section;(4) The public is permitted reasonable access to the public meeting, and members of the governing body attend the public meeting in the appropriate manner, as provided under subsection (e) of this section; and(5) The public meeting is conducted in a manner that allows the public to attend and hear all of the governing body's meaningful discussion and deliberation, if any, on official business as provided under subsections (f) and (g) of this section.
(1) Prior notice of the public meeting has been provided as required under subsection (b) of this section;
(2) Any executive session held within a public meeting is conducted as required under subsection (c) of this section;
(3) The public meeting is recorded as provided under subsection (d) of this section;
(4) The public is permitted reasonable access to the public meeting, and members of the governing body attend the public meeting in the appropriate manner, as provided under subsection (e) of this section; and
(5) The public meeting is conducted in a manner that allows the public to attend and hear all of the governing body's meaningful discussion and deliberation, if any, on official business as provided under subsections (f) and (g) of this section.
(b) (1) (A) The time and place of each regular public meeting shall be furnished to anyone who requests the information.(B) Unless another notification timeline for the public meeting of a governing body is specified by law, the notification required under subdivision (b)(1)(A) of this section shall be made at least three (3) days before the public meeting takes place in order that the public may have representatives at the public meeting.(2) (A) In the event of an emergency or special public meeting, the person calling the public meeting shall notify the representatives of the newspapers, radio stations, and television stations, if any, located in the county in which the public meeting is to be held and any news media located elsewhere that cover regular public meetings of the governing body and that have requested to be so notified of emergency or special public meetings of the time, place, and date of the public meeting.(B) The notification required under subdivision (b)(2)(A) of this section shall be made at least two (2) hours before the public meeting takes place in order that the public may have representatives at the public meeting.(3) In addition to the requirements under subdivisions (b)(1) and (2) of this section:(A) The time, place, and date of a public meeting shall be published online if the governing body or the public entity it governs maintains a website or social media page; and(B) (i) The governing body shall furnish the most current agenda for a public meeting upon request and shall publish the most current agenda for a public meeting online if the governing body or the public entity it governs maintains a website or social media page at least three (3) days before a regular public meeting and at least two (2) hours before an emergency or special public meeting.(ii) The requirement of subdivision (b)(3)(B)(i) of this section does not preclude a governing body from adding items to an agenda after the agenda has been furnished or posted under subdivision (b)(3)(B)(i) of this section.
(1) (A) The time and place of each regular public meeting shall be furnished to anyone who requests the information.(B) Unless another notification timeline for the public meeting of a governing body is specified by law, the notification required under subdivision (b)(1)(A) of this section shall be made at least three (3) days before the public meeting takes place in order that the public may have representatives at the public meeting.
(A) The time and place of each regular public meeting shall be furnished to anyone who requests the information.
(B) Unless another notification timeline for the public meeting of a governing body is specified by law, the notification required under subdivision (b)(1)(A) of this section shall be made at least three (3) days before the public meeting takes place in order that the public may have representatives at the public meeting.
(2) (A) In the event of an emergency or special public meeting, the person calling the public meeting shall notify the representatives of the newspapers, radio stations, and television stations, if any, located in the county in which the public meeting is to be held and any news media located elsewhere that cover regular public meetings of the governing body and that have requested to be so notified of emergency or special public meetings of the time, place, and date of the public meeting.(B) The notification required under subdivision (b)(2)(A) of this section shall be made at least two (2) hours before the public meeting takes place in order that the public may have representatives at the public meeting.
(A) In the event of an emergency or special public meeting, the person calling the public meeting shall notify the representatives of the newspapers, radio stations, and television stations, if any, located in the county in which the public meeting is to be held and any news media located elsewhere that cover regular public meetings of the governing body and that have requested to be so notified of emergency or special public meetings of the time, place, and date of the public meeting.
(B) The notification required under subdivision (b)(2)(A) of this section shall be made at least two (2) hours before the public meeting takes place in order that the public may have representatives at the public meeting.
(3) In addition to the requirements under subdivisions (b)(1) and (2) of this section:(A) The time, place, and date of a public meeting shall be published online if the governing body or the public entity it governs maintains a website or social media page; and(B) (i) The governing body shall furnish the most current agenda for a public meeting upon request and shall publish the most current agenda for a public meeting online if the governing body or the public entity it governs maintains a website or social media page at least three (3) days before a regular public meeting and at least two (2) hours before an emergency or special public meeting.(ii) The requirement of subdivision (b)(3)(B)(i) of this section does not preclude a governing body from adding items to an agenda after the agenda has been furnished or posted under subdivision (b)(3)(B)(i) of this section.
(A) The time, place, and date of a public meeting shall be published online if the governing body or the public entity it governs maintains a website or social media page; and
(B) (i) The governing body shall furnish the most current agenda for a public meeting upon request and shall publish the most current agenda for a public meeting online if the governing body or the public entity it governs maintains a website or social media page at least three (3) days before a regular public meeting and at least two (2) hours before an emergency or special public meeting.(ii) The requirement of subdivision (b)(3)(B)(i) of this section does not preclude a governing body from adding items to an agenda after the agenda has been furnished or posted under subdivision (b)(3)(B)(i) of this section.
(i) The governing body shall furnish the most current agenda for a public meeting upon request and shall publish the most current agenda for a public meeting online if the governing body or the public entity it governs maintains a website or social media page at least three (3) days before a regular public meeting and at least two (2) hours before an emergency or special public meeting.
(ii) The requirement of subdivision (b)(3)(B)(i) of this section does not preclude a governing body from adding items to an agenda after the agenda has been furnished or posted under subdivision (b)(3)(B)(i) of this section.
(c) (1) An executive session shall be permitted only for the purpose of:(A) (i) Considering the employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee.(ii) Before going into an executive session called under subdivision (c)(1)(A)(i) of this section, a governing body shall state publicly which specific purpose listed in subdivision (c)(1)(A)(i) of this section is the basis for the executive session.(iii) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate supervisor of the employee involved, and the employee may be present at the executive session when so requested by the governing body holding the executive session.(iv) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing body holding the executive session;(B) Discussing how a governing body will respond to an attack on or other breach of the cybersecurity of the public entity governed by the governing body;(C) (i) A board or commission of the state preparing examination materials and answers to examination materials that are administered to applicants for licensure from a state agency.(ii) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure; and(D) A governing body considering, evaluating, or discussing matters pertaining to a public water system's security or municipally owned utility system's security as described in § 25-19-105(b)(17).(2) Executive sessions shall not be called for the purpose of defeating the reason or the spirit of this chapter.
(1) An executive session shall be permitted only for the purpose of:(A) (i) Considering the employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee.(ii) Before going into an executive session called under subdivision (c)(1)(A)(i) of this section, a governing body shall state publicly which specific purpose listed in subdivision (c)(1)(A)(i) of this section is the basis for the executive session.(iii) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate supervisor of the employee involved, and the employee may be present at the executive session when so requested by the governing body holding the executive session.(iv) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing body holding the executive session;(B) Discussing how a governing body will respond to an attack on or other breach of the cybersecurity of the public entity governed by the governing body;(C) (i) A board or commission of the state preparing examination materials and answers to examination materials that are administered to applicants for licensure from a state agency.(ii) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure; and(D) A governing body considering, evaluating, or discussing matters pertaining to a public water system's security or municipally owned utility system's security as described in § 25-19-105(b)(17).
(A) (i) Considering the employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee.(ii) Before going into an executive session called under subdivision (c)(1)(A)(i) of this section, a governing body shall state publicly which specific purpose listed in subdivision (c)(1)(A)(i) of this section is the basis for the executive session.(iii) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate supervisor of the employee involved, and the employee may be present at the executive session when so requested by the governing body holding the executive session.(iv) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing body holding the executive session;
(i) Considering the employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee.
(ii) Before going into an executive session called under subdivision (c)(1)(A)(i) of this section, a governing body shall state publicly which specific purpose listed in subdivision (c)(1)(A)(i) of this section is the basis for the executive session.
(iii) Only the person holding the top administrative position in the public agency, department, or office involved, the immediate supervisor of the employee involved, and the employee may be present at the executive session when so requested by the governing body holding the executive session.
(iv) Any person being interviewed for the top administrative position in the public agency, department, or office involved may be present at the executive session when so requested by the governing body holding the executive session;
(B) Discussing how a governing body will respond to an attack on or other breach of the cybersecurity of the public entity governed by the governing body;
(C) (i) A board or commission of the state preparing examination materials and answers to examination materials that are administered to applicants for licensure from a state agency.(ii) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure; and
(i) A board or commission of the state preparing examination materials and answers to examination materials that are administered to applicants for licensure from a state agency.
(ii) Boards and commissions are excluded from this chapter for the administering of examinations to applicants for licensure; and
(D) A governing body considering, evaluating, or discussing matters pertaining to a public water system's security or municipally owned utility system's security as described in § 25-19-105(b)(17).
(2) Executive sessions shall not be called for the purpose of defeating the reason or the spirit of this chapter.
(d) (1) Except as provided under subdivision (d)(5) of this section, a public meeting shall be recorded in a manner that allows for the capture of sound, including without limitation:(A) A sound-only recording;(B) A video recording with sound and picture; or(C) A digital or analog broadcast capable of being recorded.(2) If a member of a governing body attends a public meeting remotely, the remote portion of the public meeting that is recorded under subdivision (d)(1) of this section shall be recorded in the format in which it is conducted.(3) A recording of a public meeting under subdivision (d)(1) or subdivision (d)(2) of this section shall be maintained by a public entity for a minimum of one (1) year from the date of the public meeting.(4) The recording shall be maintained in a format that may be reproduced upon a request under this chapter.(5) Subdivision (d)(1) of this section does not apply to:(A) Executive sessions; or(B) Volunteer fire departments.
(1) Except as provided under subdivision (d)(5) of this section, a public meeting shall be recorded in a manner that allows for the capture of sound, including without limitation:(A) A sound-only recording;(B) A video recording with sound and picture; or(C) A digital or analog broadcast capable of being recorded.
(A) A sound-only recording;
(B) A video recording with sound and picture; or
(C) A digital or analog broadcast capable of being recorded.
(2) If a member of a governing body attends a public meeting remotely, the remote portion of the public meeting that is recorded under subdivision (d)(1) of this section shall be recorded in the format in which it is conducted.
(3) A recording of a public meeting under subdivision (d)(1) or subdivision (d)(2) of this section shall be maintained by a public entity for a minimum of one (1) year from the date of the public meeting.
(4) The recording shall be maintained in a format that may be reproduced upon a request under this chapter.
(5) Subdivision (d)(1) of this section does not apply to:(A) Executive sessions; or(B) Volunteer fire departments.
(A) Executive sessions; or
(B) Volunteer fire departments.
(e) (1) A governing body shall ensure that Arkansas residents have reasonable access to attend a public meeting, including through remote means, if such remote means are utilized by the governing body.(2) Except as provided under subdivisions (e)(3)-(5) of this section, a member of a governing body shall be physically present at a public meeting to be counted for purposes of establishing a quorum or to vote.(3) Other than governing bodies of municipalities, counties, or public school districts, a governing body may adopt a policy permitting members of the governing body to attend a public meeting remotely.(4) The ability of the governing body of a public school district to conduct a public meeting remotely shall be governed by § 6-13-619.(5) If the Governor declares a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., a governing body may conduct a public meeting remotely.(6) For a member of a governing body who attends a meeting remotely to be counted for a quorum or to vote, the method used to permit the member of the governing body to attend remotely shall:(A) Provide a method for the governing body to verify the identity of the member of the governing body attending remotely;(B) Allow other members of the governing body and members of the public, whether physically present at the public meeting or attending the public meeting remotely, at all times to:(i) Hear the member of the governing body attending remotely;(ii) Observe or otherwise understand a vote of a member of the governing body attending remotely; and(iii) Know the identity of the member of the governing body attending remotely when that member is speaking or voting; and(C) Allow a member of the governing body attending remotely to hear the other members of the governing body and any public comment.(7) A member of a governing body who attends a public meeting remotely shall not receive mileage or per diem for attending the public meeting.(8) If one (1) or more members of a governing body attends a public meeting remotely:(A) The governing body shall enable members of the public to attend the public meeting by the same means that the members of the governing body attending the public meeting remotely are attending the public meeting; and(B) Notice of the method by which the public may attend the public meeting shall be published with the notice of the public meeting.
(1) A governing body shall ensure that Arkansas residents have reasonable access to attend a public meeting, including through remote means, if such remote means are utilized by the governing body.
(2) Except as provided under subdivisions (e)(3)-(5) of this section, a member of a governing body shall be physically present at a public meeting to be counted for purposes of establishing a quorum or to vote.
(3) Other than governing bodies of municipalities, counties, or public school districts, a governing body may adopt a policy permitting members of the governing body to attend a public meeting remotely.
(4) The ability of the governing body of a public school district to conduct a public meeting remotely shall be governed by § 6-13-619.
(5) If the Governor declares a disaster emergency under the Arkansas Emergency Services Act of 1973, § 12-75-101 et seq., a governing body may conduct a public meeting remotely.
(6) For a member of a governing body who attends a meeting remotely to be counted for a quorum or to vote, the method used to permit the member of the governing body to attend remotely shall:(A) Provide a method for the governing body to verify the identity of the member of the governing body attending remotely;(B) Allow other members of the governing body and members of the public, whether physically present at the public meeting or attending the public meeting remotely, at all times to:(i) Hear the member of the governing body attending remotely;(ii) Observe or otherwise understand a vote of a member of the governing body attending remotely; and(iii) Know the identity of the member of the governing body attending remotely when that member is speaking or voting; and(C) Allow a member of the governing body attending remotely to hear the other members of the governing body and any public comment.
(A) Provide a method for the governing body to verify the identity of the member of the governing body attending remotely;
(B) Allow other members of the governing body and members of the public, whether physically present at the public meeting or attending the public meeting remotely, at all times to:(i) Hear the member of the governing body attending remotely;(ii) Observe or otherwise understand a vote of a member of the governing body attending remotely; and(iii) Know the identity of the member of the governing body attending remotely when that member is speaking or voting; and
(i) Hear the member of the governing body attending remotely;
(ii) Observe or otherwise understand a vote of a member of the governing body attending remotely; and
(iii) Know the identity of the member of the governing body attending remotely when that member is speaking or voting; and
(C) Allow a member of the governing body attending remotely to hear the other members of the governing body and any public comment.
(7) A member of a governing body who attends a public meeting remotely shall not receive mileage or per diem for attending the public meeting.
(8) If one (1) or more members of a governing body attends a public meeting remotely:(A) The governing body shall enable members of the public to attend the public meeting by the same means that the members of the governing body attending the public meeting remotely are attending the public meeting; and(B) Notice of the method by which the public may attend the public meeting shall be published with the notice of the public meeting.
(A) The governing body shall enable members of the public to attend the public meeting by the same means that the members of the governing body attending the public meeting remotely are attending the public meeting; and
(B) Notice of the method by which the public may attend the public meeting shall be published with the notice of the public meeting.
(f) A member of a governing body shall not participate in a communication, whether oral, written, electronic, or otherwise, that:(1) (A) He or she knows or reasonably should know is a poll.(B) (i) It is not a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communicates in writing with one (1) or more members of the governing body for the purpose of conducting a ministerial act, including without limitation scheduling a public meeting of the governing body or setting the agenda for a public meeting of the governing body.(ii) It is a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communicates with one (1) or more members of the governing body to schedule a public meeting of the governing body or set the agenda for a public meeting of the governing body and the communication functionally conducts substantive business of the governing body concerning any matter on which official action would foreseeably be taken by the governing body.(C) (i) It is not a violation of subdivision (f)(1)(A) of this section if an employee or an agent of a public entity communicates background and nondecisional information to one (1) or more members of the governing body of the public entity.(ii) Except as provided in subdivision (f)(1)(B)(i) of this section, it is a violation of subdivision (f)(1)(A) of this section if an employee or agent of a public entity communicates to a member of the governing body of the public entity: (a) How another member of the governing body intends to vote; or (b) Whether another member of the governing body supports or opposes a certain proposed action by the governing body; or(2) (A) Occurs outside of a public meeting with another member of the governing body about a matter on which official action will foreseeably be taken by the governing body.(B) It is not a violation of subdivision (f)(2)(A) of this section if a member of a governing body communicates background and nondecisional information to one (1) or more members of the same governing body.(C) It is a violation of subdivision (f)(2)(A) of this section if a member of a governing body engages in any communication with one (1) or more members of the same governing body that constitutes deliberation, as deliberation may only occur at a public meeting of the governing body.
(1) (A) He or she knows or reasonably should know is a poll.(B) (i) It is not a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communicates in writing with one (1) or more members of the governing body for the purpose of conducting a ministerial act, including without limitation scheduling a public meeting of the governing body or setting the agenda for a public meeting of the governing body.(ii) It is a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communicates with one (1) or more members of the governing body to schedule a public meeting of the governing body or set the agenda for a public meeting of the governing body and the communication functionally conducts substantive business of the governing body concerning any matter on which official action would foreseeably be taken by the governing body.(C) (i) It is not a violation of subdivision (f)(1)(A) of this section if an employee or an agent of a public entity communicates background and nondecisional information to one (1) or more members of the governing body of the public entity.(ii) Except as provided in subdivision (f)(1)(B)(i) of this section, it is a violation of subdivision (f)(1)(A) of this section if an employee or agent of a public entity communicates to a member of the governing body of the public entity: (a) How another member of the governing body intends to vote; or (b) Whether another member of the governing body supports or opposes a certain proposed action by the governing body; or
(A) He or she knows or reasonably should know is a poll.
(B) (i) It is not a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communicates in writing with one (1) or more members of the governing body for the purpose of conducting a ministerial act, including without limitation scheduling a public meeting of the governing body or setting the agenda for a public meeting of the governing body.(ii) It is a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communicates with one (1) or more members of the governing body to schedule a public meeting of the governing body or set the agenda for a public meeting of the governing body and the communication functionally conducts substantive business of the governing body concerning any matter on which official action would foreseeably be taken by the governing body.
(i) It is not a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communicates in writing with one (1) or more members of the governing body for the purpose of conducting a ministerial act, including without limitation scheduling a public meeting of the governing body or setting the agenda for a public meeting of the governing body.
(ii) It is a violation of subdivision (f)(1)(A) of this section if a secretary or administrative assistant of a governing body communicates with one (1) or more members of the governing body to schedule a public meeting of the governing body or set the agenda for a public meeting of the governing body and the communication functionally conducts substantive business of the governing body concerning any matter on which official action would foreseeably be taken by the governing body.
(C) (i) It is not a violation of subdivision (f)(1)(A) of this section if an employee or an agent of a public entity communicates background and nondecisional information to one (1) or more members of the governing body of the public entity.(ii) Except as provided in subdivision (f)(1)(B)(i) of this section, it is a violation of subdivision (f)(1)(A) of this section if an employee or agent of a public entity communicates to a member of the governing body of the public entity: (a) How another member of the governing body intends to vote; or (b) Whether another member of the governing body supports or opposes a certain proposed action by the governing body; or
(i) It is not a violation of subdivision (f)(1)(A) of this section if an employee or an agent of a public entity communicates background and nondecisional information to one (1) or more members of the governing body of the public entity.
(ii) Except as provided in subdivision (f)(1)(B)(i) of this section, it is a violation of subdivision (f)(1)(A) of this section if an employee or agent of a public entity communicates to a member of the governing body of the public entity: (a) How another member of the governing body intends to vote; or (b) Whether another member of the governing body supports or opposes a certain proposed action by the governing body; or
(a) How another member of the governing body intends to vote; or
(b) Whether another member of the governing body supports or opposes a certain proposed action by the governing body; or
(2) (A) Occurs outside of a public meeting with another member of the governing body about a matter on which official action will foreseeably be taken by the governing body.(B) It is not a violation of subdivision (f)(2)(A) of this section if a member of a governing body communicates background and nondecisional information to one (1) or more members of the same governing body.(C) It is a violation of subdivision (f)(2)(A) of this section if a member of a governing body engages in any communication with one (1) or more members of the same governing body that constitutes deliberation, as deliberation may only occur at a public meeting of the governing body.
(A) Occurs outside of a public meeting with another member of the governing body about a matter on which official action will foreseeably be taken by the governing body.
(B) It is not a violation of subdivision (f)(2)(A) of this section if a member of a governing body communicates background and nondecisional information to one (1) or more members of the same governing body.
(C) It is a violation of subdivision (f)(2)(A) of this section if a member of a governing body engages in any communication with one (1) or more members of the same governing body that constitutes deliberation, as deliberation may only occur at a public meeting of the governing body.
(g) An informal meeting that includes deliberation or that is for the purpose of exercising a responsibility, authority, power, or duty of a governing body is strictly prohibited.
(h) Two (2) or more employees or agents of a public entity may communicate for the purpose of exercising an authorized responsibility, authority, power, or duty of an employee or agent of the public entity outside of a public meeting.
(i) (1) If a circuit court finds under § 25-19-107 that a governing body is in violation of this section, the circuit court may invalidate any action the governing body took at the unlawful public meeting.(2) If a circuit court finds under § 25-19-107 that a member of a governing body engaged in a communication prohibited under subsection (f) of this section or in an informal meeting prohibited under subsection (g) of this section, the circuit court may invalidate any action the governing body took that is the direct or indirect result of the prohibited communication or informal meeting.(3) An action taken in an executive session is void unless the governing body conducts a public vote on the matter discussed in the executive session at the conclusion of the executive session.
(1) If a circuit court finds under § 25-19-107 that a governing body is in violation of this section, the circuit court may invalidate any action the governing body took at the unlawful public meeting.
(2) If a circuit court finds under § 25-19-107 that a member of a governing body engaged in a communication prohibited under subsection (f) of this section or in an informal meeting prohibited under subsection (g) of this section, the circuit court may invalidate any action the governing body took that is the direct or indirect result of the prohibited communication or informal meeting.
(3) An action taken in an executive session is void unless the governing body conducts a public vote on the matter discussed in the executive session at the conclusion of the executive session.
(j) (1) Notwithstanding any provision to the contrary, if a circuit court finds that a governing body or a member of a governing body violated this section concerning the issuance of bonds, the circuit court may only invalidate the action by the governing body authorizing the issuance of bonds within thirty (30) days of the date the action occurred.(2) If a circuit court makes a finding described under subdivision (j)(1) of this section more than thirty (30) days after the action by the governing body authorizing the issuance of the bonds:(A) The governing body shall cure the violation within thirty (30) days after the finding of the circuit court by:(i) Providing notice of the violation in compliance with subsection (b) of this section;(ii) Disclosing the violation at a public meeting; and(iii) Authorizing the action in question at the public meeting in compliance with subdivision (a)(5) of this section; or(B) (i) The circuit court shall impose a civil penalty of one thousand dollars ($1,000) on each individual member of the governing body, up to the entire membership of the governing body, who the circuit court finds committed or was otherwise responsible for the violation.(ii) The civil penalty under subdivision (j)(2)(B)(i) of this section shall:(a) Be paid to the claimant asserting the claim in circuit court within thirty (30) days of the finding of the circuit court under subdivision (j)(1) of this section; and(b) Not be satisfied by public funds.(3) The remedies under subdivision (j)(2) of this section are supplemental to all other remedies available under this chapter within the applicable statute of limitations.(4) As used in this subsection, “bonds” means bonds and other debt-related instruments, including without limitation a short-term financing obligation, under Arkansas Constitution, Amendment 78.
(1) Notwithstanding any provision to the contrary, if a circuit court finds that a governing body or a member of a governing body violated this section concerning the issuance of bonds, the circuit court may only invalidate the action by the governing body authorizing the issuance of bonds within thirty (30) days of the date the action occurred.
(2) If a circuit court makes a finding described under subdivision (j)(1) of this section more than thirty (30) days after the action by the governing body authorizing the issuance of the bonds:(A) The governing body shall cure the violation within thirty (30) days after the finding of the circuit court by:(i) Providing notice of the violation in compliance with subsection (b) of this section;(ii) Disclosing the violation at a public meeting; and(iii) Authorizing the action in question at the public meeting in compliance with subdivision (a)(5) of this section; or(B) (i) The circuit court shall impose a civil penalty of one thousand dollars ($1,000) on each individual member of the governing body, up to the entire membership of the governing body, who the circuit court finds committed or was otherwise responsible for the violation.(ii) The civil penalty under subdivision (j)(2)(B)(i) of this section shall:(a) Be paid to the claimant asserting the claim in circuit court within thirty (30) days of the finding of the circuit court under subdivision (j)(1) of this section; and(b) Not be satisfied by public funds.
(A) The governing body shall cure the violation within thirty (30) days after the finding of the circuit court by:(i) Providing notice of the violation in compliance with subsection (b) of this section;(ii) Disclosing the violation at a public meeting; and(iii) Authorizing the action in question at the public meeting in compliance with subdivision (a)(5) of this section; or
(i) Providing notice of the violation in compliance with subsection (b) of this section;
(ii) Disclosing the violation at a public meeting; and
(iii) Authorizing the action in question at the public meeting in compliance with subdivision (a)(5) of this section; or
(B) (i) The circuit court shall impose a civil penalty of one thousand dollars ($1,000) on each individual member of the governing body, up to the entire membership of the governing body, who the circuit court finds committed or was otherwise responsible for the violation.(ii) The civil penalty under subdivision (j)(2)(B)(i) of this section shall:(a) Be paid to the claimant asserting the claim in circuit court within thirty (30) days of the finding of the circuit court under subdivision (j)(1) of this section; and(b) Not be satisfied by public funds.
(i) The circuit court shall impose a civil penalty of one thousand dollars ($1,000) on each individual member of the governing body, up to the entire membership of the governing body, who the circuit court finds committed or was otherwise responsible for the violation.
(ii) The civil penalty under subdivision (j)(2)(B)(i) of this section shall:(a) Be paid to the claimant asserting the claim in circuit court within thirty (30) days of the finding of the circuit court under subdivision (j)(1) of this section; and(b) Not be satisfied by public funds.
(a) Be paid to the claimant asserting the claim in circuit court within thirty (30) days of the finding of the circuit court under subdivision (j)(1) of this section; and
(b) Not be satisfied by public funds.
(3) The remedies under subdivision (j)(2) of this section are supplemental to all other remedies available under this chapter within the applicable statute of limitations.
(4) As used in this subsection, “bonds” means bonds and other debt-related instruments, including without limitation a short-term financing obligation, under Arkansas Constitution, Amendment 78.