City of Fort Smith v. Driggers

Tom Glaze, Justice.

I respectfully dissent. Under Act 138 of 1957 [Ark. Code Ann. § 14-5 3-109 (a)], the City of Fort Smith had formed a commission form of government, and it continued with that form of government until 1967, when the city adopted the administrator form authorized under Act 36 of 1967 [Ark. Code Ann. §§ 14-48-101 to -131 (1987 and Supp. 1989)]. As a commission form of government, Fort Smith’s sole criterion for the promotion of firefighters was based on an applicant’s seniority as mandated by §§ 1 and 2 of Act 138 [now codified as § 14-53-109(a) and (b) (1987)]. In particular,…