Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided March 10, 1992Published

1Opinion of the Court

The Honorable Roy C. "Bill" Lewellen State Senator P.O. Box 403 Marianna, AR 72360

Dear Senator Lewellen:

This is in response to your request for an opinion on the following questions:

1. Can the Mayor vote as the 5th member of a City Council to break a tie in order to adopt a city redistricting plan?

2. If the City Council convenes with all eight members present, then four members leave the meeting, can the Council continue to take action without a quorum present?

3. If the four City Council members leave the meeting, can the Mayor act as the fifth vote for passage of city business?

4. Under…

2Cases cited6 opinions

  1. Fargnoli v. CianciSupreme Court of Rhode Island · 1979
  2. Green v. BesteNorth Dakota Supreme Court · 1956
  3. City of Mena v. Tomlinson Bros.Supreme Court of Arkansas · 1915
  4. Kaeble v. Mayor of ChicopeeMassachusetts Supreme Judicial Court · 1942
  5. Dingwall v. Common Council of DetroitMichigan Supreme Court · 1890

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