Is a member of the City of Hot Springs Civil Service Commission who was a resident of the city at the time of his appointment, but who has since moved his residence from the city eligible to continue serving as a member of the commission? Must the city council remove the commissioner is h

Pa) STATE OF ARKANSAS” OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK : . (501) 371-2007 ATTORNEY GENERAL OPINION NO. 85-132 June 17, 1985 Honorable John W. Parkergon State Representative House of Representatives State Capitol Little Rock, Arkansas 72201 Dear Representative Parkerson: This is in response to your inquiry whereby you submitted the following: Whether a member of the City of Hot Springs Civil Service Commission who was a resident of the City at the time of his appointment, but who has since moved his residence from the City, is eligible.to continue serving as a member of the Civil Service Commission and whether the City Council can or must remove the Commissioner in the event it is de~- termined that the Commissioner is no longer a resident of the City. This is to advise that I basically agree with the opinion of the Honorable Carl Crow, Jr., City Attorney of Hot Springs to the Honorable Jim Randall, Mayor. under date of May 31, 1985. copy of which is enclosed herewith.. The foregoing opinion, which I hereby approve was prepared by Chief Deputy Attorney General Rodney Parham. Attorney General $C:RP:1m Enc. ey ere e - . - Chai as te ES us +) ae \ ay is CITY OF HOT SPRINGS OFFICE OF CITY ATTORNEY . : P, O. BOX 1620 CIARL A. CROW, JR. a _ Hor SPRINGS NAT'L PARK, ARK. 71902-1620 CIV ATTORNEY - St (500) 324-2200 May 31, 1985 Hon. Jim Randall, Mayor P. O. Box 700 Hot Springs, Arkansas 71902 Re: Civil Service Commissicn Dear Mayor Randall: This letter is in response to your separate request for an opinion concerning whether a member of the City of Hot Springs Civil Service Commission who was a resident of the city at the. time of his appointment, but who has since moved his residence ‘from the city, is eligible to continue serving as a member of the Commission. You have also asked for an opinion as to whether the city Council can or must remove the Commissioner in the event it is determined that he is not qualified to continue serving. In my opinion, a member of the Civil Service Commission under the circumstances stated is not legally qualified to continue serving. However, it is unlikely that actions of the Commission. in which. he participates will be invalid. Ark, Stats. Ann. §19-1601L.1 (Act 326 of 1949, as amended) provides for appointment by the city Council of citizens of the city to the Board of Civil Service Commissioners. The Act does not address whether Commissioners must remain residents of the city during their tenure in of fice. No cases directly on point have apparently been decided by the Arkangau Supreme Court, Wowever, if one appointed as a Commissioner were not required to he a resident during his tenure in office, he could easily evade the spirik of the requirement of residency at appointment by moving from the city immediately after his appointment. In my opinion, the courts are Likely to avoid this result and to require chat Commissioners remain resi- dents throughout their terms. at Hon. Jim Randall, Mayor May 31, 1985 Page 2 In my opinion, even Lif the Commissioner in question is not legally qualified to continue serving, actions of the Commission in which he participates are unlikely to be invalidated. The Arkansas Supreme Court has affirmed this principle on several occasions. See, @.g., Trussell v. Fish, 202 Ark. 956, 154 S.W. 2d 587 (1941). Ark. Stats. Ann. §19-1601.1 grants to the City Council the authority to remove any member of the Civil Service Commission for cause upon a two-thirds vote. In the event of removal, the City Council must £ill the vacancy created. the City Council is not expressly required to remove a Commissioner whe no longer legally qualifies to bold office. floweyvor, @ court could order the remeval of such a Commissioner in an appropriate proceeding. Tf To can be of further assistance, please let me know. Yours very truly, A eon. Qa Carl A. Crow, CAC/s 3