Attorney General of Arkansas — Opinion
STEVE CLARK, Attorney General
Mr. John W. Parkerson State Representative 520 Ouachita Avenue Hot Springs, AR 71901
Dear Representative Parkerson:
This is in response to your inquiry as to whether the Mayor of Hot Springs is required to serve on the City’s Advertising and Promotion Commission. Hot Springs is now operating under the City Manager form of government.
Ark. Stat. Ann. 19-712(j) provides as follows:
He shall have all powers (except those involving the exercise of sovereign authority) which under statutes applicable to municipalities under the aldermanic form of government or under ordinances and resolutions of the city in effect at the time of its reorganization, may be vested in the Mayor.
This statute pertains to the City Manager and the gist of the statute is that the City Manager shall be substituted for the Mayor under the statutes applicable to municipalities under the Aldermanic form of government (except those involving the exercise of sovereign authority). Pursuant to Ark. Stat. Ann. 19-4616 the Mayor is designated a member of the Advertising and Promotion Commission.
In my opinion the Advertising and Promotion Commission exercises some of the sovereign authority, therefore, the City Manager cannot be substituted for the Mayor. Therefore, the Mayor must sit on the Commission and there is no authorization for him to designate someone to sit on the Commission in his stead.
The foregoing opinion, which I hereby approve, was prepared by Chief Deputy Attorney General Rodney Parham.