Judges: MARK PRYOR, Attorney General
Filed Date: 2/25/2002
Status: Precedential
Modified Date: 7/5/2016
The Honorable Preston Scroggin The Honorable Marvin Parks State Representative State Representative 59 Marshall Road South 44 Treasure Creek Road Vilonia, AR 72173-9335 Greenbrier, AR 72058
Dear Representatives Scroggin and Parks:
I am writing in response to your request for an opinion on the following question:
To what extent, if any, may a City Council set working hours for the Mayor?
RESPONSE
It is my opinion, as a general matter, that a city council in all likelihood may establish the hours during which the office of mayor must be open. Because it is unclear, however, to what extent a city council may direct the day-to-day operation of an executive office, I doubt that the council could dictate the hours that the mayor must be physically present in his or her office.
There is no provision in the Arkansas Code addressing the issue of working hours for the mayor. The city council is authorized by A.C.A. §
I cannot conclude from the above provisions, however, that the council is authorized to require the actual physical presence of the mayor during the prescribed office hours. It seems to me that this would go beyond prescribing the duties, and would arguably intrude upon the mayor's authority, as the chief executive (See A.C.A. §
Assistant Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.
Sincerely,
MARK PRYOR Attorney General
MP:EAW/cyh