Judges: STEVE CLARK, Attorney General
Filed Date: 12/21/1989
Status: Precedential
Modified Date: 7/5/2016
Mr. Steven W. Jones, President Phillips County Community College P.O. Box 785 Helena, Arkansas 72342-0785
Dear Mr. Jones:
This is in response to your request for an opinion concerning the election of members of local community college boards. Specifically, you note two statutory provisions, (A.C.A.
Does this [A.C.A.
7-5-106 ] conflict with the enabling legislation establishing community college elections (reference6-61-520 , Section 5)? This seems to establish election by plurality without run-offs. Are trustees county elected officials? If so, which election criteria is appropriate? How can some county elected officials be elected by plurality while others must receive a majority? Why can public school board candidates participate in run-off elections but public college board candidates cannot?
It is my opinion, in response to your first question, that the two statutory provisions do not conflict. One provision governs "county elected officers" and one governs community college board members. This office has previously opined that the office of community college board member is not one "under any . . . county or municipal government" for the purposes of A.C.A.
As to your remaining questions, which inquire as to how some county elected officials can be elected by plurality while others must receive a majority, and why public school board candidates participate in run-off elections but public college board candidates cannot, it should be noted again that community college board members are not "county elected officials". Thus there is no disparity in treatment between "county elected officials". Additionally, the question of why public school board candidates can participate in run-off elections but public college board candidates cannot must be answered simply by stating that in the former instance, the legislature has seen fit to provide for run-off elections, (A.C.A.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elana L. Cunningham.