Local Government 101: Emergency Clauses
If you regularly attend local government meetings, you have probably heard officials mention an “emergency clause” before voting on an ordinance or resolution. While the term may sound dramatic, an emergency clause is simply a legal mechanism that allows certain government actions to take effect immediately instead of waiting for the normal effective date required by law.
Under Arkansas law and the referendum provisions of Arkansas Constitution Amendment 7, ordinances of a general or permanent nature generally do not take effect immediately after passage unless they contain a valid emergency clause. An emergency clause allows a city or town council to bypass that delay if immediate action is necessary for the preservation of the public peace, health or safety.
Emergency clauses are commonly used for matters such as emergency infrastructure repairs, disaster response, urgent budget adjustments, compliance with legal deadlines or actions necessary to maintain essential government operations.
However, Arkansas law does not allow emergency clauses simply for convenience or political expediency. Amendment 7 requires the governing body to specifically state the facts constituting the emergency within the ordinance itself. Simply declaring that an emergency exists is not enough.
For cities and towns, emergency clauses require a separate roll-call vote and approval by a two-thirds majority of all elected members of the governing body. If the emergency clause fails, the ordinance itself may still pass, but it takes effect under the normal timetable rather than immediately.
County governments operate somewhat differently. Under Arkansas Code § 14-14-908, quorum courts may adopt emergency ordinances only when necessary to address public emergencies affecting life, health, safety or property. County emergency ordinances may not levy taxes, impose special property tax assessments or regulate franchise or service rates. County emergency ordinances are also governed by more specific statutory limitations, including subject-matter restrictions not expressly imposed on municipalities.
County emergency ordinances must contain a declaration that an emergency exists and define the facts and circumstances constituting that emergency. The ordinance becomes effective immediately upon approval by the county judge.
Arkansas Code § 14-55-203 additionally provides that municipal ordinances containing a valid emergency clause may take effect immediately upon passage. However, ordinances imposing fines, penalties, forfeitures or deprivation of liberty or property generally may not be enforced until publication requirements are met.
In recent years, the Clarksville City Council has frequently attached emergency clauses to ordinances, a practice that has drawn criticism from some residents who believe the tool is being overused for matters that appear planned well in advance rather than truly urgent. Because emergency clauses allow ordinances to take effect immediately and shorten the timeframe for potential referendum challenges, their use often receives heightened public scrutiny. Arkansas courts have held that emergency clauses must state concrete facts showing an immediate need affecting public peace, health or safety, rather than merely offering conclusory statements.
Residents should pay close attention when emergency clauses are proposed. The key question is not whether an issue is important, but whether specific facts show a legitimate immediate need for the measure to take effect without delay.
Like many aspects of local government procedure, emergency clauses are lawful tools when used properly and within the limits established by Arkansas law. Understanding how they work can help citizens better evaluate when immediate government action is justified and when additional public scrutiny may be warranted.
(Editor’s note: The Arkansas Freedom of Information Act, which governs public meetings and public records, is codified at Ark. Code Ann. § 25-19-101 et seq. Full text and a plain-language guide are available at arkansasag.gov.)
Read this story and others in the May 20 issue of The Graphic, available online and at businesses throughout Franklin and Johnson counties. Subscribe or donate here to support more hometown journalism.
