Opinion No.

The Honorable Gilbert Baker State Senator #17 Cooper Lane Conway, AR 72032

Dear Senator Baker:

I am writing in response to your request for my opinion on the following question:

Can a licensed real estate agent serve as a member on a city planning commission?

RESPONSE

In my opinion, the answer to this question is "yes," subject to the condition that the commissioner must not participate in making decisions that might constitute a common-law conflict of interests.

The question initially arises whether the dual service you describe might fall under one of three possible proscriptions — a…