Opinion No.

The Honorable George Hopkins State Senator P.O. Box 622 Malvern, AR 72104

Dear Senator Hopkins:

You have requested an opinion regarding whose responsibility it is to fill one vacancy on a five-member school board when a tie vote occurs between the remaining members.

You also ask whether a 2-1 vote, out of an original five-member board would be sufficient to fill a vacancy.

Act 30 of 1935, codified as A.C.A. 6-13-611, provided:(a) If a vacancy occurs on the school district's board of directors, the vacancy shall be filled by a majority vote of the remaining directors.(b) If, as a result of several…