Opinion No.

The Honorable Mike Beebe State Senator 211 Arch Street Searcy, Arkansas 72143

Dear Senator Beebe:

This is in response to your request for an opinion on whether a city council in a mayor/council form of government may override the action of a mayor in hiring, firing, or selection of police or fire chiefs.

In my opinion, the answer to your question is "no."

Your question refers implicitly to A.C.A. § 14-42-110, which allows a two-thirds vote "override" by the city council of appointments and removals of department heads made by the mayor. As we shall see, however, other more specific statutory…