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debarred or suspended must be rejected and cannot receive contract awards); (3) complied with the public policies of the federal government and state and local government, and; (4) have the financial and technical resources to perform the work under the contract.

County Sheriffs Civil Unrest

During the two-year opposition period of the Dakota Ac-

cess Pipeline, Sioux County, N.D., saw its population nearly double. People poured into the county by the thousands and set up camp to protest the pipeline. Whether these move- ments stay as peaceful protests or escalate into riots, coun- ties usually do not have the staff or resources to deal with a sudden influx of people. Te Arkansas Sheriff’s Association (ASA) Task Force was created to render emergency assistance and provide additional personnel to sheriffs with regard to, but not limited to, the security of homeland, disaster relief, civil defense, and law enforcement assistance with crowd and riot control. Te primary mission of the ASA Task Force is to act as an ever-ready reactionary force prepared to respond to emergencies and calls for assistance anywhere in the state of Arkansas. Looking back at North Dakota, if the same situation were to occur in Arkansas and the county’s sheriff department did not have the resources to combat it, then the sheriff could activate the task force and request assistance from surrounding jurisdictions. Ark. Code Ann. § 16-81-106

authorizes certified law enforcement officers to have police power and to make arrest in other jurisdictions at the request of or with the permission of the municipal or county law enforcement agency that has jurisdiction. Te task force is to be used for smaller incidents as opposed to federally declared disasters. For larger incidents, such as federally declared disasters, sheriffs will coordinate with their local emergency manager and ADEM to get needed resourc- es. ADEM can help sheriffs acquire needed resources whether they come from neighboring jurisdictions, the Arkansas State Police, or the Arkansas National Guard. Te definition of “emergency management” under Ark. Code. Ann. § 12-75- 103 includes law and order, rescue, and evacuation as func- tions essential to disaster or emergency preparedness, mitiga- tion, response, recovery, and prevention by state and local governments. Ark. Code Ann. § 12-75-130 allows county sheriffs to authorize and request retired law enforcement of- ficers, including game wardens, to perform law enforcement functions during emergency situations. Disasters do not care whether an official is the county judge or county clerk, republican or democrat, or if it’s the first day on the job or the last, they can and will occur without notice. Every county benefits when their elected leaders are prepared to handle any disaster. Whether it is fine tuning the Continuity of Operations plan, acquiring updated knowledge of NIMS, or learning the federal guidelines for procurement, the more prepared and ready county officials are to deal with a disaster, the quicker they can overcome it.

Civil offices

ute is truly creating a ‘civil office’ or is merely imposing additional duties on the elected official in question. One of the appointments you asked about — a county clerk’s service as secretary of his or her county’s property tax assessment equalization board — is exemplary of this distinction. According to state law, ‘[t]he county clerk or his or her designee shall serve as secretary of the county equalization board of his or her county and shall keep a complete and accurate journal of its proceedings and perform such other duties as may be by law required by the county equaliza- tion board.’ Other responsibilities of the clerk to a county equalization board


include the taking and filing of oaths by the board members and keeping the Assessment Coordination Department apprised of the names and addresses of the board members. From this descrip- tion of what the county clerk is charged with by statute, we can see that serving as the secretary of the county equaliza- tion board has few, if any, of the indicia described above to be a ‘civil office’ for the clerk. Instead, it appears more likely that legislature has simply added duties for the county clerk along with those already prescribed by law.” “With respect to the list of 18 other

boards or commissions you have asked about, I must respectfully decline to

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address each one of those individu- ally. However, the foregoing discussion should greatly assist in the analysis of many of the boards and commissions you have inquired about and that are created pursuant to and under the di- rection of state law. Some of the boards or commissions you mention, though, appear to be for private or strictly local entities. I am unable to opine on these appointments, as the level of fact-find- ing necessary to determine their duties and authority is beyond the scope of an Attorney General’s opinion. A county’s attorney or other local counsel should be consulted in such cases.”


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