AAC
AG OPINIONS
AG Opinions: From salary adjustments to civil office
AG OPINION NO. 2018-002 Te AG was asked whether the law
expressly provides a penalty for carrying a concealed handgun without a license. Te AG determined that legislative clarification is warranted. Te AG explained that under AG Opinion No. 2015-064 the existence of a statutory regime for conceal carry for handguns in Arkansas represents the legal means to carry a concealed handgun in Ar- kansas. Te AG clarified that the courts may apply a presumption that a person carrying a concealed handgun without a conceal carry permit has an unlawful intent and expose a person to arrest and conviction under Ark. Code § 5-73- 120. Te code explicitly states that it is permissible to carry provided the person has a valid conceal carry permit and is not in a prohibited place.
AG OPINION NO. 2018-033 Te AG determined that a county election commissioner may legally recruit or encourage a candidate to run for office within the jurisdiction the election commissioner serves. However, the actions of recruiting and encourag- ing a candidate by the commissioner must occur prior to the formal filing of office. An election commissioner is prohibited from participating in the campaign of a candidate for office.
AG OPINION NO. 2018-013 Te AG was asked: Can the salary of an elected county officer, includ- ing treasurer, be reduced during his or her term? When may a salary of an elected county position be reduced? Te AG answered, “no” and explained that the salary of an elected county officer may not be reduced during the officer’s current term. Any decrease in an elected officer’s salary can’t take effect until January 1 following the next
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general election for that office, when the incumbent’s term-of-office expires. Amendment 55, § 5 of the Arkan- sas Constitution provides that the: “Compensation for each county officer shall be fixed by the Quorum Court within the minimum and maximum to be determined by law.” Section 5 of Amendment 55 further provides: “Compensation may not be decreased during a current term.” Ark. Code 14-14-1203(d) provides: “Any decrease in the annual salary or compensation of a county officer shall not become effective until January 1 following a general election held after the decrease has been fixed by the quorum court of the county.” Te AG explained that the “general election” referenced is the regular November election in the even numbered years to fill an office, the term of which is scheduled to expire at that year’s end. Terefore, any reduc- tion in salary cannot take effect until after the official’s current term in office has expired and the office has been refilled at the next general election. Te AG noted as well that any com- pensation that is part of the county official’s salary or compensation cannot be reduced during the county official’s current term. Furthermore, the official’s salary or surplus pay for regular work or services may not exceed the maximum salary imposed by law. Te AG cited AG Opinion No. 2013-148, which stated health insurance is compensation and likewise may not be reduced during the county official’s current term.
Te following opinions relate to Civil Office: Amendment 95 Amendment 95 of the Arkansas Con- stitution provides: (a) A person elected or appointed to any of the following county offices shall not, during the term for which he or she has been elected, be
appointed or elected to any civil office in this state: (1) County Judge; (2) Justice of the Peace; (3) Sheriff; (4) Circuit Clerk; (5) County Clerk; (6) Assessor; (7) Coroner; (8) Treasurer; (9) County Surveyor; or (10) Collector of taxes.
Mark Whitmore AAC Chief Counsel
AG OPINION NO. 2017-115 Tis request for an opinion from
the AG is one of several submitted by members of the General Assembly on their own behalf, on behalf of hundreds of county and district officials regard- ing “civil office,”and on behalf of the Governor and General Assembly. Te AG was asked whether the follow- ing positions were civil offices: school teacher, school superintendents of smaller school districts, the auditor of the Arkansas Burial Association Board, the Baxter County Regional Medical Center Political Advisory Board, and a delegate to the Constitutional Con- vention. Te request provided legal authority for each of his requests citing rulings from interpretation of a similar provision of the Arkansas Constitu- tion under Article 5, §10 of the Ar- kansas Constitution applicable to state senators. Te conclusions of the legal authority were that the foregoing posi- tions are not civil offices. Te AG found that the same definitional parameters apply in interpreting Amendment 95, Article 7, §53, as the parameters ap- plied to Article 5, §10 of the Arkansas Constitution. Sen. Bryan King made re- quests for an opinion regarding whether various positions constitute civil offices under AG Opinion No. 2017-028 is- sued last summer.
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