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Why
ment 55 is not exclusive and does not eliminate the General Assembly’s power to separate offic- es. See: Attorney General Opinion No. 1991- 066. Many of the separations of the office of collector from the office of the sheriff have been accomplished by act of the General Assembly. A.C.A 14-14-605 provides the authority for the quorum court to create alternative forms of county government, provided approval of the measure by a majority vote. Below is an expla- nation of the process of combining or separat- ing offices by a vote of the people. Prior to such vote, however, there must be a
comprehensive analysis of each office included in the proposal per A.C.A. 14-14-606 setting forth the benefits to the county from improved efficiency, effectiveness, responsiveness and ac- countability to the people. Te analysis called for in A.C.A. 14-14-606 must be initiated by an ordinance of the quorum court and must provide for the final date of completion and the staff or financial support for the analysis as per A.C.A. 14-14-607. Assuming the analysis supports the alternative form of government being contemplated, the issue may be sub- mitted to the voters of the county for their approval. Te ordinance calling for such an election must be published in a newspaper of general circulation in the county no later than the first day of filing for the preferential pri- mary preceding the general election at which the question will be voted upon. For 2014 this means the analysis must be complete and the ordinance calling for the election must be pub- lished prior to Monday, Feb. 24, 2014. Under A.C.A. 14-14-609, if the plan is approved by the voters in the 2014 general election, then the alternative form of government will be- come effective on one of two dates: either on: 1) Jan. 1, 2014; or 2) after the next general election in 2016, in which case the elected of- ficer would take office on Jan. 1, 2017. Te ordinance setting the election should set forth which effective date shall apply. If the election calls for an effective date of Jan. 1, 2015, then A.C.A. 14-14-611 provides for the appoint- ment of interim officers where implicated. If
COUNTY LINES, FALL 2013
treat county constitutional elected offi- cials different than state constitutional elected officials or city officials?
the election sets an effective date of Jan. 1, 2017, after the next general election, then the normal elective process in 2016 will control. In contrast, the length of terms of office for
the various state and county constitutional elec- tive offices is set by the Arkansas Constitution and there is no provision for local control or for the quorum court or voters to locally modify the length of terms of county constitutional elective offices. Amendment of the terms of office for county constitutional elective office must be done by amendment to the Arkansas Constitution. Article 7 of the Arkansas Con- stitution affixed the length of terms for county constitutional elective offices and Article 6, §1, and Amendment 56, §1 affixed the length of terms for state offices. Te Arkansas Constitu- tion of 1874 was amended as per Amendment 7 by initiative petition from the people in 1984 by an overwhelming majority of the elector- ate (499,083 For; 277,735 Against) establish- ing under Amendment 63, Four Year Terms for State Constitutional Officers, terms of four years for the Executive Department of the State of Arkansas, Governor, Lt. Governor, Secretary of State, Treasurer, Auditor, Attorney General and Commissioner of State Lands. Likewise, Amendment 80, extended terms for the Justices of the Supreme Court and Court of Appeals Judges to terms of eight years; Circuit Court Judges to terms of six years and District Court Judges to terms of four years. Many cities in Arkansas have long had four-
year terms for their officials. In 1960, cities of the first class then having 50,000 population and the mayor-council form of government elected mayors and clerk to serve four years. See: A.C.A. 14-43-303. Tereafter, mayors, re- corders and recorder-treasurers of second class cities became elected for four year terms. See Act 554 of 1965 and Act 272 of 1969, codi- fied as A.C.A. 14-44-105 and 115, respectively. A.C.A. 14-43-303 was later amended by Act 707 of 1997 to allow for cities thereafter obtain- ing 50,000 population by decennial census or special census to be afforded extended terms for an additional years so that the following elec-
tion at the quadrennial general election year will be for four-year terms. More recently, Act 328 of 2003 authorizes cities of the second class to refer to voters an ordinance extending terms for alderman to four years. A.C.A. 14-44-103(a) (3)(a). See also: Survey of Legislation, 2003 Ar- kansas General Assembly, Local Government, Election of Alderman, 26 U. Ark. Little Rock, L. Rev. 433.
A national survey from the National Sheriffs Association reflects that 48 states have Sheriffs with four-year terms. Only Arkansas and New Hampshire have two-year terms. Why has Ar- kansas not followed suit? Why treat county constitutional elected officials different than state constitutional elected officials or city elect- ed officials?
Amendment 55 could have affixed four-
year terms for county constitutional elected offices, however, at the time of adoption the length of terms of state constitutional elective office of four years had not yet been adopted. All attempts to date for referral by the General Assembly to the people an amendment to the Arkansas Constitution for four-year terms for county officials have been unsuccessful. Te General Assembly has declined to support al- lowing the people to vote on the issue; and certain members of the General Assembly have even added amendments to the house or senate joint resolutions to inject matters beneficial to the members — such as extension of term limits for the General Assembly or provisions prohib- iting county officials from running for General Assembly mid-term. Many individual sheriffs and county officials in Arkansas are now con- sidering a petition drive to amend the Arkansas Constitution under Amendment 7 to establish four-year terms for all constitution county elec- tive officials and justices of the peace. Te voters under the provisions of Amendment 7 of the Arkansas Constitution may have an opportu- nity to address this issue at the ballot box at the 2014 general election.
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