December 16, 2022

Opinion Number: 2022-041        Requestor:  Senator Kim D. Hammer

Q1) Does the utility commission have to be [composed] of five commissioners? Q2) Can a city, by ordinance, add two additional members to the utility commission for a total of seven commissioners? RESPONSE: I take it that your questions involve a utility commission created to operate a city's waterworks and/or electric light plant systems pursuant to Ark. Code Ann. sec. 14-201-101 et seq. With that understanding, the answer to your first question is "yes," such a commission must have five, and only five, commissioners. Accordingly, the answer to your second question is "no."

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