FAQ: What does the Fayetteville city attorney do?

You can think of the Fayetteville City Attorney as a lawyer who represents the City of Fayetteville. If the Mayor runs the day to day operations of the city, and the City Council sets policy, then the City Attorney makes sure that the city follows the law. 

Rather than making policy, the city attorney helps ensure that the decisions made by elected officials and city departments are within the law and do not create unnecessary risks for the residents of Fayetteville.

The duties of Fayetteville city attorney are to:

• advise the mayor, city council, staff, boards and commissions on legal issues

• represent the city in legal proceedings and protect the city’s interests in court

• ensure the city is in compliance with Arkansas law, including the Freedom of Information Act and other laws passed by the legislature

• review ordinances, resolutions, contracts, and other documents to reduce risk, protect taxpayer resources, and avoid costly litigation

• support city departments so they can deliver services effectively and lawfully

• oversee the City Prosecutor Division, where two city prosecutors handle misdemeanor criminal cases and traffic violations that occur within Fayetteville. This includes offenses such as DWI, shoplifting, criminal mischief, and traffic citations, helping maintain public safety and accountability in our community.

Does the Fayetteville City Attorney make policy?

No. The Fayetteville City Attorney does not decide city policy or vote on issues before the City Council.

Instead, the City Attorney provides objective and independent legal advice to help elected officials understand what the law allows and how to carry out the policies they choose in a legal, effective, and transparent way.

Who does the Fayetteville city attorney work for?

The city attorney's client is the City of Fayetteville and its residents, not a political party or special interests.

The role requires independent legal judgment, experience, trustworthiness and transparency. 

If the Fayetteville city attorney's job is nonpartisan, why is it an elected office?

The office is nonpartisan, meaning it is not loyal to any political party, but the person holding the office exercises judgment. Elections let voters choose whose judgment they trust.

Just as voters in Arkansas elect nonpartisan judges and prosecutors to carry out their duties fairly and professionally, Fayetteville residents get to elect their city attorney so the office is directly accountable to the people of Fayetteville.

What should I look for when choosing a city attorney?

When selecting a city attorney, voters should ask similar questions as if they were hiring a lawyer for themselves or their business:

• Do they have relevant experience, in this case, municipal law?

• Are they trustworthy? Have they demonstrated sound judgment and professionalism?

• Are they transparent? Are they providing clear communication about legal issues? Are they helping reduce your legal risk and avoiding costly missteps?

Why does the Fayetteville city attorney matter to me?

The Fayetteville city attorney helps ensure that contracts are sound, taxpayer funds are protected, private businesses and developments can move forward and operate with predictable city procedures without harming residents, and FOIA laws are followed.

When the city attorney does the job well, the city government works more effectively, taxpayer dollars are better protected, and residents can have greater confidence that decisions are being made without bias according to the law.