Is it legal for an alderman to vote to pay legal fees to himself as a plaintiff in a lawsuit where the city is a defendant? 14-42-107 It is not prohibited specifically by statute. Conflict of interest

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO, 85-184 August 14, 1985 Mr. William Price Feland Prosecuting Attorney P.O. Box 423 Lonoke, AR 72086 Dear Mr. Feland: This is in response to your request for an opinion on the following question: Is it legal for an alderman to vote to pay legal fees to himself as a plaintiff in a lawsuit where the city is a defendant? Ark. Stat. Ann. §19-909 states that an Alderman should not be interested, directly or indirectly in the profits of any contract for the furnishing of supplies, equipment or, services to the municipality unless the city has enacted an ordinance in accord with such action. The statute does not mention any restrictions as to the benefit conferred upon an alderman as the result of a tegal settlement. In Hall v. Thompson, 283 Ark. 26 (1984) the Arkansas Supreme Court "prohibited recovery. of legal fees by a plaintiff - ‘from city funds, in a criminal case. The issue of attorneys ‘fees in civil cases was not mentioned. Ark. Stat. Ann. §19-909 does not expressly prohibit the participation of an alderman in a vote that would pay his legal fees as the result of a settlement agreement. It is uncertain as to how the court would rule on the payment of attorneys fees to a city official ina settlement agreement. The foregoing opinion, which I hereby approve, was prepared by Chief Deputy Attorney General Rodney Parham. Attorney General SC/RP/1jm a . WET