Opinion No.

The Honorable James C. Scott State Senator 321 State Highway 15 North Warren, Arkansas 71671

Dear Senator Scott:

This is in response to your request for an opinion on two questions relating to the Ashley County Hospital Board (the "Board"). Your first question is:

Are ex officio members of the Board considered part of the "governing body" for purposes of A.C.A. § 25-19-106(c)(2)(A) (Repl. 1992)?

The cited statute, which is part of the Freedom of Information Act of 1967 (the "Act"), and which specifies the persons who may be present during an executive session of a governing body, provides:

Only…