Road clear for panel appointment

— Little Rock expects to advertise an open spot on the Little Rock Housing Authority board of commissioners in coming weeks now that the attorney general issued an opinion saying that city directors followed proper procedure during a recent vote not to reappoint Robert Webb.

Webb, whose first term on the commission was coming to an end, requested the opinion through state Rep. John Walker. Webb led the opposition campaign ahead of the city’s recent successful salestax election and has said he believes that’s why he wasn’t appointed to a second term.

City directors have refused to say why they declined his reappointment, which was supported by the Housing Authority board although residents demanded at several public meetings that he be reappointed.

Webb sought an attorney general’s opinion to clarify whether the city board acted too late in denying him another term.

City directors voted 81 days after the city received the original paperwork nominating Webb for a second term. State law gives them 45 days to act, otherwise the nomination is confirmed. However, the paperwork had the wrong ending date for the new term.

City directors voted 36 days after the corrected paperwork was turned in.

On Tuesday, an opinion prepared by Assistant Attorney General Jack Druff said the commission could not make a reappointment until the first term officially expired. The city could decline to act upon the reappointment notice because it was prematurely filed, Druff wrote, even if the city hadn’t done that in the past.

“Simply put, an aberrant local custom and practice cannot trump an unambiguous procedure set forth in state law,” the opinion states.

Webb has continued to serve on the commission because a replacement has not been named.

Webb said Tuesday night that he hadn’t read the opinion yet and so was unable to comment fully.

“I want to have the opportunity to sit down and talk to some people about what it means,” he said.

City directors, meanwhile, said Tuesday that they want to move ahead in advertising an open seat on the commission. An appointment won’t be made until early next year.

Arkansas, Pages 15 on 12/21/2011

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