Judges: STEVE CLARK, Attorney General
Filed Date: 9/8/1989
Status: Precedential
Modified Date: 7/5/2016
The Honorable Dan Dane Prosecuting Attorney P.O. Box 987 Forrest City, AR 72335
Dear Mr. Dane:
This is in response to Deputy Prosecuting Attorney L. Ashley Higgins' request for an opinion on the following questions:
1. Is an elective position on a local board of a community college a political office as described in A.C.A.
14-51-202 (b)? 2. If such a position is a political office, may the individual continue to hold either or both of the two offices? 3. If the individual may hold only one of the two offices, which is the proper office for him to continue to hold?
In my opinion the answer to your first question is "no." This conclusion is based upon the language of A.C.A.
Section
While this office has previously opined that community colleges are to be considered agencies of the state for various purposes (Attorney General Opinion Numbers 89-002, 86-160, 78-9, 77-16), we have also concluded that the board of a community college is a local, not a state, board. (A.G. Op. No. 89-E-5).* Thus, a position on the board would not constitute an office under state government. ___________. * It was concluded in Opinion Number 89-E-5 that a community college board member is not an "appointee to any state board or commission" for purposes of the financial disclosure requirements under Initiated Act 1 of 1988. These persons would, however, be covered under Act 719 of 1989, which amends the 1988 Initiated Act to require disclosure by persons holding "an elective office of any governmental body." Acts of 1989, No. 719, 1. The definition of "governmental body" would include such board members through the reference to any "board . . . of the executive, judicial, or legislative branch of . . . any political district." Id. ___________.
Nor, in my opinion, is this office "under any . . . county or municipal government." In construing the language of
A response to your other two questions is unnecessary, in light of the foregoing.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.
cc: The Honorable L. Ashley Higgins Deputy Prosecuting Attorney