Attorney General of Arkansas — Opinion
STEVE CLARK, Attorney General
The Honorable Lloyd McCuiston, Jr. State Representative P.O. Box 1489 West Memphis, AR 72301
Dear Representative McCuiston:
This official opinion is written in response to your request concerning who has authority to appoint the librarian of West Memphis, Arkansas.
Act 795 of 1981, Section One states:
Unless otherwise provided by state law, Mayors of cities of the first class . . . shall have the power to appoint and remove all department heads. . . (Emphasis added).
In this case, state law does provide otherwise in Ark. Stat. Ann. 19-3205 (Repl. 1980) which grants the Board of Trustees for a city public library (as appointed by the Mayor) authority to “appoint a librarian qualified by education training, experience and personality who shall serve at the will of the board.
Therefore, it is my opinion that the librarian of West Memphis should be appointed by that city’s Library Board of Trustees.
The foregoing opinion, which I hereby approve, was prepared by Special Counsel to the Attorney General R.B. Friedlander.
Sincerely,
Steve Clark Attorney General
SC/RBF/mo