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![handle is hein.sag/sagar0071 and id is 1 raw text is: STATE OF ARKANSAS
Office of the Attorney General
Winstor Bryant Telephone:
Attorney General (501) 682.2007
Opinion No. 95-377
January 11, 1996
The Honorable Steve Bell
State Senator
500 East Main, Suite 208
Batesville, Arkansas 72503
Dear Senator Bell:
This is in response to your request, submitted on behalf of Mr. Everett King,
mayor of Tuckerman, Arkansas, for an opinion on the three questions set forth
below relating to a municipal planning commission:
1. Does the planning commission need to notify
the paper two (2) hours before having a meeting? This
is not a governing board.
2. The mayor is ex officio of board. Can he break
tie vote? Eight (8) member board with mayor ex
officio.
3. Can the planning commission be sued for
recommendations made to the city council? They are
not a governing board.
In response to the first question, it is my opinion that a municipal planning
commission is a governing bod[y] within the meaning of that phrase as used in
A.C.A. § 25-19-106(a) (Repl. 1992), and therefore that it must comply with the
notice and other requirements of A.C.A. § 25-19-106 relating to open meetings.
This office has previously opined that a governing body, for purposes of A.C.A. §
25-19-106(a), is one with final decision-making or policy-making authority. Op.
200 Tower Building, 323 Center Street * Utle Rock, Arkansas 72201-2610](ViewImageLocal?handle=hein.sag/sagar0071&div=1&collection=&method=preview&ext=.png&size=3)