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1953 Arkansas Attorney General Reports and Opinions 1 (1953)

handle is hein.sag/sagar0014 and id is 1 raw text is: Flie 1WI - Racing Comm ss ion Under acI creating Stac Racing Commission members are appoin ted for two years or until successors are appointed by hie Governor, giving the Governor the righI to terninate tenure of any member before expirction of two year term by the appointment and oual if ication of a successor0 January 2s 1953 Hon. Harry W. Parkin, Member Arkanses State Racing Commission 5240 Edgewood Road Little Rock, Arkansas Dear Mr. Perkins In your letter of December 22 you state that the Governor of the State of Arkanses has sent a letter to you notifying you of your dismissal as o member of the Arkansai tlate Recing Commission. Your ictter states that the reanon for the. Governor's action was that you had participe e-d in a mreting of the Commission which was closed to the public and that the Governor based his action under the author ity of Act 417 of 1947 as amended by Act 74 of 1949. Furthermore, !ou stte ihat actually the meeting was not closed. Nevertheless, you ask my opinion as lo -heth:r the Govcrnor is authorized to make the proposed dismiss-a under Act 417 of 1947 as amended by Act 75 of 1949. In the first places Act 417 of 1947, as amended by Act 75 of 1949, Is specifically iImited in Its application ito boards and commissions whosm members are required to b; ipprove~d by the Senate. The Act which created the 5tate Racing Commission and provided fcr the appointment of the members by the Governor, which appears as Section 84-27020 Ark. Stats,, makes no provisioA whatever for the members of the Racing CoramIsion to bs approved by the Senate. Therefore, the '?overnor does not have authority under these acts to remove or dsmiss the members of the State Racing Commission. However, your attention is called to the further fact that Section 84*2702, above referred to, provides that the term of the members of the Racing Commission shrall be for a term of two years or until their successors cre appointed and qualified; and the rijlt of the Governor to terminate a term of of'flce

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