Opinion No.

The Honorable Owen T. Miller State Representative 602 Liberty Marked Tree, AR 72365

Dear Representative Miller:

This is in response to your request for an opinion on whether or not a person would have to resign from a city council seat if he were elected to the local school board, or if the person could serve out the remainder of the term on the council.

If the law precludes simultaneous service in these two positions, the person could be forced to resign the prior position upon acceptance of the later office. See, e.g., Byrd v. State,240 Ark. 743, 402 S.W.2d 121 (1966). In my opinion, however,…