Attorney General of Arkansas — Opinion
STEVE CLARK, Attorney General
Honorable W.H. “Bill” Sanson State Representative Route 1 Vilonia, Arkansas 72173
Dear Representative Sanson:
This is in response to your inquiry whereby you submitted the following:
1. Is it legal for the spouse of an elected alderman to work for the city utility?
2. If it is legal for said spouse to work for said utility should the Alderman-spouse refrain from voting on any issue that pertains to the utility where the spouse works?
I am aware of no legal prohibition against the wife of an alderman working for the city utility. Ark. Stat. Ann. 19-909 provides in part as follows:
No alderman or member of a city council shall be interested, directly or indirectly, in the profits of any contract for the furnishing of services to the municipality. . . .
Ark. Stat. Ann. 19-909 would only apply if the alderman was indirectly interested in the profits of any contract of employment by his wife. This, however, involves a question of fact which could only be resolved by the judiciary.
The foregoing opinion, which I hereby approve was prepared by Chief Deputy Attorney General Rodney Parham.