Judges: Steve Clark, Attorney General
Filed Date: 3/27/1990
Status: Precedential
Modified Date: 7/5/2016
The Honorable Bill Walters State Senator 44 Town Square P.O. Box 280 Greenwood, AR 72935
Dear Senator Walters:
This is in response to your request for an opinion regarding the effect of a mayor's veto of the city council's appointment to fill a vacancy on the council where, although properly filed and in a timely manner, the veto occurred subsequent to the swearing in of the appointee.
Having concluded that the mayor has the veto power in this instance (see Attorney General Opinion No.
No such ordinance, resolution, or order, or part thereof, vetoed by the mayor shall have any force or validity unless, after the written statement is laid before it,1 the council shall, by a vote of two-thirds (2/3) of all the aldermen elected thereto, pass it over the veto.
A.C.A.
It may therefore reasonably be concluded that the swearing in prior to the mayor's veto is not dispositive of the issue of whether the appointment is effective. If not overridden, the mayor's veto will, in my opinion be determinative if in fact it was properly filed.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.