AAC F A M I L Y & F R I E N D S
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AG Opinions: Running for two offices to municipal property
AG OPINION NO. 2015-138 Te Attorney General addressed wheth- er a candidate can run simultaneously for the office of county treasurer and consta- ble. Te AG was requested to interpret Act 1471 of 2013, ACA 7-5-111, which pro- vides: “A person shall not run for election for more than one (1) state, county or mu- nicipal office if the elections are to be held on the same date.” Te AG determined that the office of constable is a township office, not a state, county or municipal office. Terefore, a qualified and eligible person may run as a candidate for consta- ble, a township office, and simultaneously run for a state, county or municipal office. Te AG noted, however, that this does not necessarily mean that a person may simul- taneously serve as a constable and a state, county or municipal elective office due to potential conflicts of interests or incom- patibility under the constitution or law.
AG OPINION NO. 2015-128 Te AG was requested to determine whether a non-management public em- ployee may run as an independent candi- date or partisan candidate for elective of- fice. Te AG noted that the law generally protects public employees’ right to run for office. See ACA § 21-1-207, which affir- matively provides: “No employee of the state, a county, a school district, or other political subdivision of the state shall be deprived of his or her right to run as a candidate for an elective office … unless as necessary to meet the requirements of fed- eral law as pertains to employees.” Te AG explained that the federal law commonly referred to as the “Hatch Act,” 5 U.S.C.
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15-1, et. seq., provides an exception that prohibits certain public employees from running for public office that are: (a) em- ployed by “the executive branch of a State, municipality or other political subdivision of a State, municipality, or political subdi- vision” and (b) “principally employed in connection with activity which is financed in whole or in part by federal loans or grants, etc.”
AG OPINION NO. 2015-100 Te AG explained some important rules
of the Arkansas Public Employees’ Retire- ment System (APERS) and the Deferred Retirement Option Plan (DROP). Te AG explained that where a county elected official entered into the APERS DROP in June 2009 the DROP ends at the expira- tion of seven years, June 2016. Such a re- tiree must be off work 90 days before this person is permitted to return to employ- ment. Te AG explained that the period between termination of employment that APERS uses is the period of separation that was in effect at the time the official joined the APERS DROP. Te AG ex- plained the definition or requirements for termination of employment for an elected public official as follows: (a) the member has resigned, been removed or otherwise no longer holds the elected position; (b) a complete severance from the elected posi- tion has occurred; and (c) the member has ceased performing any services in his or her elected position, except for non-com- pensated functions related to the transfer of the duties or the transfer of the position itself. Te AG further explained that the law and rules were changed in 2011, and an official or person that enters the DROP
AG Opinions
after Febru- ary 2011 is not eligible for employment in any posi- tion covered by APERS or several speci- fied state re- tirement sys- tems. {APERS laws, rules and regulations are complicated and ever changing. AAC staff do not provide retirement advice or legal advice related to APERS, etc. Act respon- sibly for your retirement planning, and please be sure to consult APERS counselors while planning your retirement.}
Mark Whitmore AAC Chief Counsel
AG OPINION NO. 2015-010 Te AG explained the disposition of
real, personal or mixed property of a city of the second class or an incorporated town upon surrender or revocation of their mu- nicipal charter. Under ACA § 14-39-102 and 103, the property of the former city remains public property and becomes property of the state; and the county court where the extinct city is situated takes pos- session, custody and control of the prop- erty on behalf of the state. {Proceedings for surrender or revocation of a charter for a city of the second class or incorporated town are to be instituted by the prosecut- ing attorney before the county court. Te Governor shall also appoint a receiver to collect back taxes for the extinct city and report to the circuit court settlement of all claims against the city.}
Did an aspect of county government “make news” recently in your county? Did any
of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail
csmith@arcounties.org.
COUNTY LINES, WINTER 2016
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