Q1) Is it legal for the spouse of an elected alderman to work for the city utility? Q2) If it is legal for said spouse to work for said utility, should the Alderman-spouse refrain from voting on any issue that pertains to the utility where the spouse works? Section 14-42-107. RESPONSE: This is a

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK 501) 371-20 ATTORNEY GEMERAL ON NO. 86-282 July 2, 1986 ™ Y Honorablw W. H. "Bill" Sanson State Representative Route 1 Vilonia, Arkansas 72173 Dear Representative Sanson: Thid is in response to your inquiry whereby you submitted the following: 1. Is it legal for the spouse of an elected alderman to work for the-city utility? 2. Tf it is legal for said spouse to work for said utility should the Alderman-spouse refrain from voting on any issue that pertains to the utility where the spouse works? I am aware of no legal prohibition against the wife of an alderman working for the city utility. Ark, Stat. Ann. §19~-909 provides in part as follows: No alderman or member of a city council shall be interested, directly or indirectly, in the profits of any contract for the furnishing of services to the municipality. ... Ark, Stat. Ann. §19-909 would only apply if the alderman was indirectly interested in the profits of any contract of employment by his wife. This, however, involves a question of fact which could only be resolved by the’ judiciary... The foregoing opinion, which I hereby approve was prepared by Chief Deputy Attorney General Rodney Parhan, Yours uly, Ayn Unt STEVE CLARK Attorywey General SC:RP:im