FAQs We answer some of your Frequently Asked Questions!
Who’s in charge of county property? Who can approve disbursement of funds?
QUESTION: Who has custody of county
owned property? ANSWER: The county judge, as the chief
executive officer of the county shall have cus- tody of county property and is responsible for the administration, care, and keeping of such county property, including the right to dispose of county property in the manner and proce- dure provided by law for the disposal of county property by the county court. The county judge shall have the right to lease, assign, or not assign use of such property whether or not the county property was purchased with county funds or was acquired through donations, gifts, grants, confiscation, or condemnation. In addition to other terms the county court
finds reasonable and proper, the contract for the lease of county property shall provide that when the leased property ceases to be used for the purpose expressed in the lease or needs to be used by the county, the lease may be cancelled by the county court after reasonable notice. (ACA 14-14-1102)
QUESTION: Who may authorize and
approve the disbursement of appropriated county funds?
ANSWER: All vouchers for the payment of county funds out of the county treasury shall be approved and filed by the county judge or his designated representative, who shall be appointed by executive order of the judge and who shall be bonded in an amount equal to the county judge’s bond. Approval for payment shall be signified by the manual signature of the county judge, or his or her designated representative. A copy of the execu- tive order evidencing the designated represen- tative’s appointment shall be filed in the office of county clerk with the original of the surety bond on the designated representative. Before approving any voucher for the pay- ment of county funds, the county judge,
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or his or her designated representative, shall determine that: There is a sufficient appropriation available for the purpose and there is a sufficient unen- cumbered balance of funds on hand in the appropriate county fund to pay therefor; The expenditure is in compliance with the purposes for which the funds are appropriated; All state purchasing laws and other state laws
or ordinances of the quorum court are com- plied with in the expenditure of the moneys; The goods or services for which expenditure is to be made have been rendered and the payment thereof has been incurred in a lawful manner and is owed by the county. However, a county judge may approve, in advance, claims payable to the University of Arkansas Cooperative Extension Service for educational services to be rendered during all or part of the current fiscal year. No money shall be paid out of the treasury until it shall have been appropriated by law and then only in accordance with the appro- priation; and all contracts for erecting and repairing the public buildings in any county or for materials therefor, or for providing for the care and feeding of paupers where there are no public or private facilities or services available for such purpose, shall be given to the lowest possible bidder.
The county judge shall have the authority to enter into necessary contracts or other agree- ments to obligate county funds and to approve expenditure of county funds appropriated. The county judge of each county may promulgate appropriate administrative rules and regula- tions, after proper notice and hearing thereon, for the conduct of county financial affairs. The administrative rules and regulations shall be consistent with the provisions of laws relating to financial management of county government and the appropriate ordinances enacted by the quorum court. All such admin- istrative rules and regulations adopted after hearings by the county judge shall be certified
David Morris AAC Assistant Director
by the county judge and filed in the office of the county clerk to be open to public inspec- tion at all normal hours of business. (ACA 14-14-1102)
QUESTION: What percentage of the anticipated revenues may be appropriated each year?
ANSWER: The county quorum court shall specify the amount of appropriations for each purpose in dollars and cents. The total amount of appropriations for all county or district pur- poses for any one year shall not exceed 90 per- cent of the anticipated revenues for that year, except for federal or state grants overseen by counties for which the court may appropriate up to 100 percent of the anticipated revenues for that year. For revenues to qualify as a grant under this section, the county must demon- strate that the state or federal agency character- ized the revenues as a grant. (ACA 14-20-106)
QUESTION: In the event of a natu-
ral disaster, may the county appropriation exceed 90 percent?
ANSWER: In any county in which a natural
disaster, including but not limited to a flood or tornado, results in the county’s being declared a disaster area by the Governor or an appropriate official of the United States government, the quorum court of the county may appropriate in excess of 90 percent of anticipated revenues. Provided, any appropriation of funds in excess of 90 percent of anticipated revenues shall be made only for street cleanup and repair, col- lection, transportation and disposal of debris, repair or replacement of county facilities and equipment, and other projects or costs directly related to or resulting from the natural disaster. (ACA 14-20-106)
COUNTY LINES, FALL 2010
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