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1995 Arkansas Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagar0070 and id is 1 raw text is: I

STATE OF ARKANSAS
Office of the Attorney General
Winston Bryant                                                                 Telephone:
Attorney General                                                              (501) 682-2007
Opinion No. 95-163
July 31, 1995
The Honorable Larry R. Mitchell
State Representative
P. 0. Box 81
Bryant, AR 72089
Dear Representative Mitchell:
This is in response to your request for an opinion regarding A.C.A. § 14-14-705
wherein it states:
BOARDS GENERALLY. (A) No board member,
either advisory or administrative, shall be appointed for
more than two (2) consecutive terms.
A.C.A. § 14-14-705(3XA) (1987).
Your specific question is this regard is whether the two consecutive terms
limitation includes partial terms.
It is my opinion, based upon the plain language of this provision, that partial terms
are included. It is well-established that legislative intent must be discerned from
the language employed if a statute is clear and unambiguous on its face. S=
Wilcox v. Safley, 298 Ark. 159, 766 S.W.2d 12 (1989). In my opinion, the
prohibition in § 14-14-705(3XA) against appointing a board member for more than
two consecutive terms is clear. The fact that only a partial term may have been
served is, in my opinion, irrelevant. If two consecutive appointments are made, it
is my opinion that the prohibition against another appointment will apply,
regardless of whether the appointee actually served complete terms. To conclude
200 Tower Building, 323 Center Street * Little Rock, Arkansas 72201-2610

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