Opinion No.

The Honorable Phillip T. Jacobs State Representative 819 North Miller Street Clarksville, Arkansas 72830-2239

Dear Representative Jacobs:

I am writing in response to your request for an opinion on several questions regarding the effect of an "abstention" during a city council vote. You state that a question has arisen as to whether a declaration of "present" or "abstain" on a vote should be counted as a yea, nay or neither. Specifically, you reference A.C.A. § 14-55-203, which requires the "concurrence of a majority of a whole number of members elected to the council" to pass any bylaw,…