AAC F A M I L Y F R I E N D S » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »
RECENT ATTORNEY GENERAL OPINIONS AG OPINION NO. 2013-008
Te Attorney General concluded that
A.C.A 14-20-108 operates to give a quorum court the ability “to pass an ordinance that reports the amount of the fee (fire membership fees or dues) and that requires the fee to be paid.” However, the law does not give the authority to the quorum court to determine the amount of the membership fees or dues for a volunteer fire department service area (for any type of fire department). Only the fire department itself has the ability to set the amount due by its members. However, all types of fire departments can upon adoption of a measure by the quorum court hold a special election to allow the county collector to collect the fees within the fire departments service district. If the ballot measure carries then all residents and all businesses with a structure that is occupied within the fire departments service
district are subject to
collection of the fee by the county collector. AG OPINION NO. 2013-032
Under A.C.A. 16-17-115 and a long line of consistent opinions of the Attorney General, the county’s obligation for district courts under the law is limited by law to one half the salaries of the district judge and chief or appointed district clerk. “Salaries” are limited to salaries only exclusive of fringe benefits such as Arkansas Public Employee Retirement System (APERS), health insurance, etc. Te AG concluded that the law does not prohibit one party paying the entire salary as the employer and the other party reimbursing half of the salary. Observation of law and related Attorney
General Opinions: Counties have no other funding obligation for district court each year other than half of the district judge’s salary and district clerk’s salary (not including health insurance or APERS) and the city in which the court is held to pay the other half. (Attorney General Opinion Nos: 2005-191;
COUNTY LINES, SPRING 2013
2006-055; 2001-145; 1999-207; 1993-001; 1988-011; and 1984-098.) Under A.C.A. 16-17-108 each biennium
the General Assembly sets forth the minimum and maximum salary for district court judges and chief district court clerks. Te amount the city and county governing bodies agree to for the salary of the district court judge should be in accordance with A.C.A. 16-17-108 adopted by virtue of ordinances. Amendment 55 of the Arkansas Constitution prescribes that the quorum court shall affix the salaries of county officials and number and salaries of county employees. Some counties enter into interlocal
agreements in accordance with A.C.A. 14-14- 910 so that in the event the county is paying more than obligated by law (by say paying part of the maintenance and operations), then the interlocal agreement can help the cities shoulder other obligations of the justice system used by cities in some counties such as dispatching, the county or common jail, the prosecutor’s office expenses, the circuit court expenses, courthouse security, or the maintenance or upkeep of the courthouse.
AG OPINION NO. 2012-140 Te Attorney General decided whether a
county public library may lawfully use available surplus funds from library maintenance and operation budget for capital improvements and construction account (so to match a federal or other funds necessary for expansion or improvements). It is the means of funding the maintenance and operation budget that is called in to question.
Te subject county library maintenance and operations account is funded by a levied county millage under Amendment 38. Terefore such a transfer of fund is prohibited by Arkansas constitution as an “express proscription against diverting state funds from an authorized use approved by the voters to another use not so authorized.” Te AG concluded that A.C.A. 13-2-405 violated the Arkansas Constitution.
AG Opinions
AG OPINION NO. 2012-055
Te Fair
Labor Standards Act to
applies counties
but does not require
an
employee to be paid
overtime
compensation unless the employee actually works in excess of 40 hours in the work week. Te Arkansas Minimum Wage Act also imposes minimum requirements. Te AG said however that a county may
have a general personnel policy of paying workers leave time that is based on the same rate or schedule that would apply as if they had worked those days (say a pay schedule that includes (5) five days a week at (9) nine hours a day which equals (5) five hours at the overtime rate of time-and-a-half). Neither the FLSA or the Arkansas Minimum
Wage Act presents an impediment to a general county pay policy. Te quorum court of the county as per Amendment 55 of the Arkansas Constitution is required by ordinance to fix the number and compensation of deputies and county employees; and A.C.A. 14-14-805 assigns to the quorum court general authority to adopt a personnel policy of a general nature. Te AG said counties have some flexibility to set a lower threshold for overtime than the federal or state laws so long as the threshold is the same for employees under a general personnel policy. (Please note that each Constitutional officer is responsible for documenting overtime of their employees. Also, commissioned law enforcement officers are allowed to work a 28-day, 171-hour schedule for overtime or a 7-day, 43-hour schedule. As per the FSLA commissioned law enforcement officers may not accumulate more than 480 compensatory hours).
11
Mark Whitmore AAC Chief Counsel
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60