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![handle is hein.sag/sagar0053 and id is 1 raw text is: STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
JUSTICE BUILDING, LITTLE ROCK 72201
STEVE CLARK (501) 371-20(
ATTORNEY GENERAL
OPIIO N. .- January 4, 1984
OPINION NO. 84-1
Honorable Jerry Bookout
Arkansas State Senator
P. 0. Box 415
Jonesboro, AR 72401
Dear Senator Bookout:
This is in response to your request for an opinion on
the following questions:
1. Whether the Northeast Arkansas District Fair
Advisory Board [Ark. Stat. Ann. S78-1625 (Repl. 1981)]
can meet in an official capacity prior to January, 1984
to designate the location .and date for the District
Fair.
2, Are proxy votes allowed on this type of commission
or Board?
3. If the Board does not settle on a place or date
for the District Fair, does the Northeast Arkansas Fair
still exist? Would the Fair remain in Mississippi
County if there is no decision from the Advisory Board,
or must a designation be made?
The subject statute specifically states, Beginning
with the year 1984, and each year thereafter, the Northeast
Arkansas District Fair Advisory Board shall determine the
location and date of the Northeast Arkansas District Fair
and LivestockiShow. This language unequivocally suggests
that the Board cannot meet in an official capacity until
January, 1984.
In response to your second inquiry, there are no statu-
tory provisions for proxy voting by such Boards. Proxy
voting is a device reserved for corporate entities.
Finally, 578-1625 states that the Board shall determine
the location and date of the District Fair. Such language
is mandatory and it is always presumed by the Court that the
legislature intended to use words in the usual and natural
meaning. Arkansas State Highway Commission v. Mobey, 229
Ark. 261, 315 S.W.2d 900 (1958). The Board is performing
ministerial functions that affect the public. This coupled
with the mandatory language of the statute, renders the](ViewImageLocal?handle=hein.sag/sagar0053&div=1&collection=&method=preview&ext=.png&size=3)