Lincoln Seeks Attorney General's Opinion

LINCOLN -- In light of a new state law, Lincoln City Council is asking for an opinion from the Arkanas attorney general's office on whether it can approve internal policies for its police department.

Act 714 of 2021 amends the law concerning law enforcement services for first class cities. The subtitle of the law is "The Back the Blue Act."

The law requires the governing body of a city of the first class to establish a police department and provide the department with the proper means and equipment necessary to "preserve the peace of the city, secure the citizens from personal violence and safeguard their property."

The question came up during the council's July 20 meeting as council members discussed an ordinance to amend the municipal code for the police department.

For now, the council has tabled the amendment until it receives an attorney general's opinion.

City council member Johnny Stowers said the amendment to update the ordinance for the police department has been "in the works" for about three years. The original ordinance was adopted by the council in 1974.

"To say it's outdated would be an understatement," Stowers said.

The proposed ordinance says the city will have a police department with a chief and police officers, as approved by the city council. The chief will be the chief executive officer and have direct control and management of all members of the department.

Two changes in the proposed ordinance say the police chief, "with the approval of the city council," will adopt written internal rules and regulations for the department and these will be "published on the city website."

City Attorney Steve Zega said the new state law removed specific language from the old law. His interpretation, Zega said, is that the legislation gives the council the authority to establish a police department but it takes away the council's right to dictate policy.

"In my opinion, civilian oversight of the police department rests with the mayor now, with some exceptions," Zega said.

An exception, he noted, is that the council approves the police department's budget.

Stowers agreed with tabling the ordinance but disagreed with Zega's interpretation. The law does not say the council "cannot" adopt internal policies, Stowers said.

He added that he did not want to micromanage the police department but also had concerns about mayors or police chiefs who will serve the city in the future.

"As fas as I'm concerned, we have the best police department I've ever seen in Lincoln," Stowers said. "But a few years down the line, he's (referring to Chief Kenneth Albright) going to retire."

Zega pointed out that technically any employee in the city serves at the pleasure of the mayor.

"I think portions of the ordinance conflict with Act 714 and other portions are fine," Zega said.

Zega sent a letter to state Rep. Charlene Fite on July 21, asking if she would request an attorney general's opinion on behalf of the Lincoln City Council.

Fite submitted a request for an opinion in a July 26 letter to Attorney General Leslie Rutledge.