The method of election of city directors under Hot Springs newly adopted city manager form of government. Section 14-47-109; 14-42-203. RESPONSE: They should be elected at large.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 . STEVE CLARK (501) 371-2007 — ATTORNEY GENERAL OPINION NO. 86-340 May 20, 1986 The Honorable John W. Parkerson State Representative 520 Ouachita Avenue Hot Springs, AR 71901 - Dear Representative Parkerson: ~ oe a AS You. probably know, we have previously written an informal _ opinion to Mr. Mike Muldoon, Alderman, regarding the question you pose in your opinion request which concerns the ‘method of election of city directors under Hot Springs newly adopted city manager form. of government. You are correct in that conflict appears to exist between Ark. Stat. Ann. §19-704 (d)(Repl. 1980) and Ark. Stat. Ann. §19-902.5 and 19-902.6. The latter statutes codify Act 808 “~-of 1977. which provides that four (4) members of the seven to be elected shall be elected by ward- and three (3) at large. “However, the Act. does hot .apply to cities which--according. to the literal language of the Act-- "now'! are divided into” wards or districts, If "now" is interpreted to mean at the ‘date of passage and adoption of the Act in 1977, it, by its ‘own terms, does not apply to Hot Springs. The factual ~ information--that Hot Springs elected directors by ward at ---" that time--was supplied by Mr. Carl Crow | the City Attorney for. Hot Springs. if on the. other hand, the term "now" is open- -ended and could -isrefer to any subsequent point in time, it could be ‘applicable to Hot Springs. It is my opinion that I am obligated by general rules of - statutory construction to literally read the unambiguous language of a statute. Therefore, our previous informal opinion is adopted herein and I conclude that Ark. Stat. Ann. §19-704(d)(Repi. 1980) is applicable to Hot Springs ee providing. that directors be elected at large. ARRAY hetin tm RMi eA eam teptiten fii tabs sy muuse anges _ ' hé Honorable John W. Parkerson oof State Representative page 2 A copy of the informal opinion to Mr. Muldoon is attached. The foregoing opinion, which I hereby approve was prepared by Special Counsel to the Attorney General R.B. Friedlander. Sincgrely, General SC/RBF/mo encls. arent