History
  • No items yet
midpage
Opinion No.
|
Read the full case

Background

  • Saline County Regional Solid Waste Management District board has five positions but is staffed by designees appointed by the county judge and three mayors.
  • A.C.A. 8-6-703(b) governs who may occupy board seats; appointees serve at the pleasure of the appointing official.
  • A.C.A. 8-6-703(c)(3)(B) imposes a four-year (two-term) limit on appointed board members.
  • The Arkansas Department of Environmental Quality questioned whether term limits apply to appointees designated by officials rather than the board.
  • The District sought AG opinion to determine applicability of term limits and whether holdover or replacement actions are permissible.
  • The Attorney General concludes that term limits apply to all appointed members, but de facto validity can sustain acts by long-serving, properly appointed members during any over-terms.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Are appointed RS WMB members limited to four years total? District contends term limits apply only when five quantify; seeks flexible interpretation. Attorney General rejects district view, affirming four-year cap on all appointed members. Yes; four-year limit applies to all appointed members.
Can a county judge or mayor replace an over-term appointee immediately? N/A or not explicitly stated; focus on replacement Public officials may remove and substitute an appointee at any time. Yes; replacement may occur immediately.
Should appointing bodies express continued service for over-term appointees? N/A Cannot extend terms; service beyond four years not authorized by statute. No; cannot extend term beyond statutorily set four years.

Key Cases Cited

  • Pennington v. Oliver, 245 Ark. 251, 431 S.W.2d 843 (Ark. 1968) (de facto officer validity; acts valid but officer may be removed)
  • Appleby v. Belden Corp., 22 Ark. App. 243, 738 S.W.2d 807 (Ark. Ct. App. 1987) (de facto officers; acts valid during tenure)
  • Sitton v. Burnett, 216 Ark. 574, 226 S.W.2d 544 (Ark. 1950) (de facto concept; removal authority governs proper office)
Read the full case

Case Details

Case Name: Opinion No.
Court Name: Arkansas Attorney General Reports
Date Published: Nov 15, 2010
Court Abbreviation: Ark. Att'y Gen.