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1996 part 1 Arkansas Attorney General Reports and Opinions 1 (1996)

handle is hein.sag/sagar0071 and id is 1 raw text is: STATE OF ARKANSAS Office of the Attorney General Winstor Bryant Telephone: Attorney General (501) 682.2007 Opinion No. 95-377 January 11, 1996 The Honorable Steve Bell State Senator 500 East Main, Suite 208 Batesville, Arkansas 72503 Dear Senator Bell: This is in response to your request, submitted on behalf of Mr. Everett King, mayor of Tuckerman, Arkansas, for an opinion on the three questions set forth below relating to a municipal planning commission: 1. Does the planning commission need to notify the paper two (2) hours before having a meeting? This is not a governing board. 2. The mayor is ex officio of board. Can he break tie vote? Eight (8) member board with mayor ex officio. 3. Can the planning commission be sued for recommendations made to the city council? They are not a governing board. In response to the first question, it is my opinion that a municipal planning commission is a governing bod[y] within the meaning of that phrase as used in A.C.A. § 25-19-106(a) (Repl. 1992), and therefore that it must comply with the notice and other requirements of A.C.A. § 25-19-106 relating to open meetings. This office has previously opined that a governing body, for purposes of A.C.A. § 25-19-106(a), is one with final decision-making or policy-making authority. Op. 200 Tower Building, 323 Center Street * Utle Rock, Arkansas 72201-2610