City Clerks under Mayor Council form of government. Does A.C.A. 24-12-121 pertain to only elected City Clerks under Mayor Council form of Government, or to appointed city clerks in city manager and city administrator forms as well? RESPONSE: It applies to the other forms as well.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 86-3 January 8, 1986 Honorable Jerry E. Hinshaw State Representative Route 4, Box 444-A Springdale, Arkansas 72764 Dear Mr. Hinshaw: In your letter of October 21, 1985, you asked whether the above acts pertaining only to elected City Clerks under the Mayor Council form of government, or if they also apply to appointed City Clerks in City Manager and City Administrator cities. "All municipal corporations having over two thousand five hunderd inhabitants (2,500) shall be deemed cities of the first class'' Ark. Stat. Ann. §19-202. Both a City Administrator form of -government (Ark. Stat. Ann. §19-801) and a City Manager form of government (Ark, Stat. Ann. §19-701) would by definition also be a city of the first class, It would appear, then, that the language of Ark, Stat. Ann. §19-1031 which states that, "Any city clerk . . . in a city of the first class . . .," would mean that this statute (19-1031) applies to City Administration and City Manager forms of government, as well as the Mayor-Council form.of government, As to your second question regarding the effect a separate city retirement system has on Ark, Stat. Ann, §19-1031, our research turned up no authority on the issue. The foregoing opinion, which I hereby approave, was prepared by Chief Deputy Attorney General Rodney Parham, Yours trply, 77 STE fee Attorndy General SC:RP: 1m