Opinion No. 1987-128

Mike Todd

Attorney General of Arkansas — Opinion

STEVE CLARK, Attorney General

Honorable Mike Todd State Representative 333 West Court Street Paragould, AR 72450

Dear Representative Todd:

This official opinion is in response to your letter in which you ask the following two questions:

1. Can an elected mayor also serve as an elected member of the county Board of Education?
2. Can an elected state representative serve as an elected member of the Board of Education of a local school district?

In response to your first question, please find enclosed an opinion previously rendered by this office. As this opinion points out, there is no statutory or constitutional prohibition which would prohibit a municipal officer such as a major from holding another elected position such as school board member. Additionally, Article 19, 26 of the Constitution of the State of Arkansas, provides that officers of public schools may be elected to fill any executive or judicial office. It would appear that a mayor would be an executive official.

In response to your second question, the answer is no. Article 5, 10, of the Constitution of the State of Arkansas provides as follows:

No senator or representative shall, during the term for which he shall have been elected, be appointed or elected to any civil office under this State.

The Arkansas Supreme Court has determined in Williams v. Douglas, 251 Ark. 555, 473 S.W.2d 896 (1971), that the office of school director is a civil office within the meaning of the above constitutional provision.

The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Rick D. Hogan.