search.noResults

search.searching

note.createNoteMessage

search.noResults

search.searching

orderForm.title

orderForm.productCode
orderForm.description
orderForm.quantity
orderForm.itemPrice
orderForm.price
orderForm.totalPrice
orderForm.deliveryDetails.billingAddress
orderForm.deliveryDetails.deliveryAddress
orderForm.noItems
AAC F A M I L Y & F R I E N D S


Section 53 of Article 7 of the Arkansas Constitution. Te provision prohibits a person elected or appointed to one of the nine county or district offices from holding any other “civil office.” Te 2017 Winter issue of County Lines magazine includes an article entitled “Exploring the Ways Issue 1 Amends the State Constitution” by Sarah Giammo, AAC Law Clerk. Pages 15 and 16 set forth a full discussion of the analysis and litany of court holdings and opinions issued by attorneys general interpreting and applying the definition of “civil office” to positions created by law. Arkansas state Sen. Bryan King of Green Forest, who advocated for the four-year term amendment, kindly requested an opinion of the Attorney General on which particular appointments or elective positions a county official or justice of the peace might legally hold following the passage and effective date of the amendment. Sen. King included reference to specific offices identified by our county officials along with legal authorities, if any, and categorized his requests based upon positions that previously have been held: (a) to be a “civil office” (such as School Board); (b) held not to constitute a “civil office” (such as delegate at a Constitutional Convention); (c) as well as positions that county officials are subject to fill by affirmative law (such as Intergovernmental Cooperation Council); and finally (d) positions our county officials and justices of the peace identified for Sen. King to inquire of the Attorney General (such as county fair board, local museum board, or


S 12


ection 6 of Amendment 95 to the Arkansas Constitution, the four-year term amendment, amends


» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »


AG Opinion: civil offices


library board, etc.). Sen. King’s opinion request asked whether the Attorney General concurred with the past holdings of the courts or opinions of the Attorney General, which concluded the following 20 offices were considered civil offices (and the referenced legal authorities): superintendent of the Arkansas School for the Blind {See: Lucas v. Futrall, 84 Ark. 540 (Ark. 1907)}; municipal judge; county election commissioner {See: Wood v. Miller}; member of the state Board of Pardons and Paroles; Board of the Southern State Colleges; member of a school board; member of a county equalization board; prosecuting attorney; Board of Workforce Education; prosecuting attorney or deputy prosecuting attorney; Board of Workforce Education; Capitol Arts and Grounds Commission; Arkansas Motor Vehicle Commission; sheriffs and deputy sheriffs; and city police officers. Sen. King’s request also specifically


inquired as to a list of five boards and commissions in which past holdings of the courts or opinions of the Attorney General concluded were not civil offices (and included reference to the previous court rulings and attorney general opinions): teacher; superintendent of a small school district; auditor of the Arkansas Burial Association Board; and delegate to the Constitutional Convention. Sen. King’s request inquired about


five boards or commissions on which county officials are subject to serve by virtue of their county office and affirmative statute: Intergovernmental Cooperation Council as per Ark. Code Ann. § 14-27-102; Arkansas Workforce Development Board as per Ark. Code § 15-4-3704; county equalization board as per Ark. Code Ann. § 26-27- 307; regional solid waste management


districts as per Ark. Code § 8-6-703; and planning and development districts as per Ark.


Code Ann. § 14-166-202. Tis request was of utmost importance. Finally, Sen.


AG Opinions


Mark Whitmore AAC Chief Counsel


King’s request inquired about 18 boards or commissions our county officials and justices of the peace identified that they might be requested to serve upon and were in need of an opinion from the Attorney General: rural water boards, regional water boards or water user boards; waterworks and public sewer facility boards; county fair boards; Farm Bureau Board; Design Review Board for West Memphis; airport commission for municipal or regional airports; Arkansas Fire Protection Service Board; chamber of commerce; Southwest Mental Health Board; Arkansas Cattleman’s Foundation Board; County Soil and Conservation Board; local museum board or commission; county library board as per Ark. Code Ann. § 13-2- 401; county hospital board as per Ark. Code Ann. § 14-262-113; county or district boards of health as per Ark. Code Ann. § 14-263-104; county or district boards of health as per Ark. Code Ann. § 14-262-113; Rural Development Authority as per Ark. Code Ann. §§ 14- 88-103 through 14-88-103; Electronic Recording Commission as per Ark. Code Ann. § 14-2-305; levee board or levee improvement district as per Ark. Code Ann. § 14-123-201.


AG OPINION NO. 2017–028 Te Attorney General’s opinion stated


COUNTY LINES, SUMMER 2017


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  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68