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AAC F A M I L Y & F R I E N D S


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AG Opinions: From vacancies to invoices for extradition services


AG OPINION NO. 2014-133 Te AG interpreted ACA 7-4-102, which provides for the election of the county committee of the county board of election commissioners. Te AG noted that election commissioners represent and serve at the pleasure of their re- spective party committees for two-year terms. In the event of a vacancy during the two-year term of office, the county party committee that elected a vacat- ing commissioner will fill the vacancy. Election commissioners may be removed by majority vote of their respective party committee under ACA 7-4-105. After the majority party has changed under a general election, the (new) majority party shall, in January of each odd number year, elect two (2) members of the county committee and the (new) minority party shall elect one (1) member to the county committee as provided by ACA 7-4-102. See also AG Opinion 2013-023.


AG OPINION NO. 2014-070 Te AG determined that the providing or subsidizing health insurance for public school employees, non-state employees, means the state can likewise provide or subsidize other similar groups of public employees (other than state employees). Te AG noted that the extension of and subsidy for health insurance to public school employees (and public school employees are by law not state employees) neither empowers nor forecloses provid-


ing health insurance coverage or subsidies for similar public employees (so long as there is a public purpose). Te AG noted there may be legislative priorities that prompted the legislature to single out public schools district employees for receipt of subsidies for health insurance. Counties are subdivisions of the state, and county employees are mandated duties by the Arkansas Constitution and laws enacted by the legislature. However, counties and county employees are not currently afforded the benefits of health insurance subsidies by the state.


AG OPINIONS NO. 2014-081 & 2014-102


Te AG noted some broad require- ments in the law pertaining to jail agree- ments between cities and a county. Te AG noted that the signature of a sheriff to an agreement affixing a reimbursement rate for cities in a county is not required (and noted AG Opinion 2006-124 concerning the need for county judge approval for a jail phone contract, etc). Te AG noted an interlocal agreement under ACA 14-14-910 may not be made to last “forever” or to be only suscep- tible to termination by one party. ACA 14-14-910 explicitly directs inclusion of provisions affording termination by either party upon six (6) months notification of intent to withdraw. Te AG noted that the explicit termination provisions under ACA 14-14-910 would be part of the


AG Opinions


contract even if omitted by the parties. ACA 14-14- 910 explic- itly directs the submission, review and ap- proval by the county attor- ney of interlo- cal agreements made under this provision of Arkansas Code.


Mark Whitmore AAC Chief Counsel


AG OPINION NO. 2014-100 Te AG determined that absent a lawful agreement between a city and a county, a county has no obligation to pay invoices submitted by a city to retrieve a suspect under a felony warrant outside the jurisdiction or for the costs incurred by an extradition service. Tere is no sec- tion of Arkansas Code that indicates that a county is obligated to a city for their costs in retrieving a felony suspect outside their jurisdiction. Te AG noted that the General Assembly had long ago perva- sively legislated in the area of costs, fines, sentences and fees under Title 16, Chap- ters 90, 92 and 93 and the law is exclusive. Cities are prohibited from local legislation in this area of law or unilaterally asserting an obligation from the county to reim- burse the city where no obligation exists under the law or by agreement.


75 Counties - One Voice COUNTY LINES, WINTER 2015 11


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