Opinion No.
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)
