AAC F A M I L Y & F R I E N D S
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AG Opinions: From fire dues to voter registration transfer
AG OPINION NO. 2015-009 Te Attorney General discussed collec- tion of volunteer fire association dues and the proper manner to collect delinquent dues. Te AG stated that if a property owner in a fire association district pays his/ her assessed property taxes but does not pay the fire association dues to the county collector, the proper manner for a volun- teer fire association to pursue its legal rem- edies to collect delinquent dues is through court proceedings. Te county collector may not certify the volunteer delinquent fire association dues for sale of the prop- erty or collection by the Commissioner of State Lands.
AG OPINION NO. 2015-020 Te AG addressed an ordinance seek- ing to require the county judge to seek the prior approval of the quorum court before purchasing a vehicle even when the appropriations for purchases in the same category were more than enough to cover the expenditure. Te AG determined that the ordinance was an unlawful encroach- ment by the legislative branch into the discretion granted an official of the execu- tive branch under the separation of powers doctrine. Te AG determined that such an ordinance constitutes an impermissible
legislative encroachment on the executive branch because a county quorum court cannot constitutionally require the county judge to obtain the quorum court’s ap- proval before or in making purchases or contract awards with funds that have been properly appropriated. Te AG also stated that the quorum court does not have the power to direct that the county judge or county only purchase vehicles through the state procurement bid process.
AG OPINION NO. 2015-022 Te AG discussed A.C.A. § 7-4-109(c) (1), which provides, “[a] person who is a paid employee of a political party or of a candidate for office on that county’s ballot shall not be a member of a county board or an election official.” Te AG concluded that despite an individual’s status as deputy prosecuting attorney
working under the
prosecuting attorney (a candidate for office on that county’s ballot) and a member of the election commission of the same judi- cial district, the individual’s employment situation does not fall within the prohibi- tion outlined in A.C.A. § 7-4-109(c)(1). Te employee of a constitutional office, which is paid by the state of Arkansas is not, by virtue of that employment, a paid employee of the individual candidate who
Rave panic button to
deploy in public schools Legislators, members of the emergency management, law enforcement and criminal justice communities, and others announced Tuesday, Aug. 11, 2015, in the state Capitol rotunda implemented a new service that will enhance school safety across the state. Rave Panic Button3 will allow school faculty and staff to immediately and directly alert 911 and school administrators in the event of an emergency. The smart app, which is expected to serve more than 1,000 public schools, cuts emergency response time by 3 seconds and integrates with Smart911 to give detailed information to 911 dispatchers. The Rave Panic Button is part of the 2015 School Safety Act passed this year requiring all schools to use the panic button if funding is available. The first year’s costs have been covered by the Arkansas Department of Education. Rep. Scott Baltz, a for- mer Randolph County justice of the peace, and Sen. Jane Eng- lish were the lead sponsors on the bill that created the act.
12 COUNTY LINES, SUMMER 2015
is elected or ap- pointed to the head of that office.
OPINION NO. 2015- 037
AG
Te AG discussed the transfer and change of sta- tus of voter registration from one county to another under Arkansas Constitution Amendment 51 section 10. Te AG ex- plained that if a voter has moved to a new county, has previously registered in another county, and has submitted registration in- formation which was not received by the new county by the fourth day before the scheduled election, that voter is prohib- ited from voting in the scheduled election. However in supplemental opinion No. 2015-037A, the AG states if the voter con- tends that he or she is a regtistered voter in the precinct in which he or she desires to vote and that he or she is eligible to vote, then the voter shall be permitted to cast a provisional ballot.
Mark Whitmore AAC Chief Counsel
AG Opinions
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