AG OPINION NO. 2018-014 Te AG determined that the posi- tion of city police officer is likely a civil office. Te AG opined, however, that a city police officer could run for county elected office. Te AG opined that Amendment 95, Article 7, § 53 of the Arkansas Constitution bars sitting county officers from being appointed or elected to a new civil office. Te AG said the provision does not bar a police officer from continuing to hold the position that he or she held even if successfully elected to county of- fice. Te AG further declared that the Separation of Powers doctrine does not preclude being a city police officer and holding an office in a different level of government such as county office (the AG did not perceive an incompatibil- ity of those offices).
AG OPINION NO. 2017-116 Te AG concluded that the following positions were likely civil offices under the Arkansas Constitution Article 5, §10 and Article 7, § 53, members of: rural water boards; waterworks and public sewer facilities boards; airport commissions; members of the Arkansas Fire Protection Services Board; County Hospital Boards; County District Board of Health; Levee Boards; and Levee Improvement Districts. Te AG reiter- ated that the law applicable to Arkansas
Constitution Article 5, §10 should be equally applicable to Article 7, § 53, Amendment 95 of the Arkansas Consti- tution. Te AG found that since there is no legislation regarding Southwest Mental Health Board and was unable to determine if that position was or was not a civil office.
AG OPINION NO. 2017-104 Te AG concluded that a court would likely find there’s not a prohibi- tion of a county official holding a posi- tion on the Intergovernmental Council under Ark. Code § 14-27-102 or the Electronic Recording Commission under Ark. Code § 15-4-3704. Te law creating those positions simply impose additional duties on elected county offi- cials and would not likely be considered by a court to be a separate civil office under the Arkansas Constitution Article 5, §10 and Article 7, § 53. Te AG opined that service on the Work Force Development Board under Ark. Code §15-4-3704, may be deemed by court to be a separate civil office. It should be noted that the Work Force Develop- ment Board is a board constituted to assist the Governor and by law requires the appointment of a county judge, mayor, etc. Further legislative clarifi- cation of the position of Work Force Development Board may be warranted.
AG OPINION NO. 2017-124 Ark. Code § 7-5-111 provides that a person shall not run for election for more than one state, county, municipal district or township office if the elec- tions are to be held the same date. Te AG determined that elected school board members are not included and that the reference to “district” in Ark. Code § 7-5-111 is not a reference to school districts. Te AG also says a person can legally run for school board member and another state, county, mu- nicipal, district or township office if the elections were held on the same date.
AG OPINION NO. 2017-114 Te AG concluded that the following positions were likely civil offices under the Arkansas Constitution Article 5, §10 and Article 7, § 53, members of: County Fair Board, County Soil Con- servation Board, local museum board or commission, County Library Board, and Rural Development Authority. Te AG concluded that membership on a Farm Bureau Board, the Chambers of Commerce and the Arkansas Cattle- man’s Foundation Board are not civil offices. Te AG noted that there was insufficient information to determine whether the Design Review Board for West Memphis is a civil office for pur- poses of these constitutional sections.
ONL INE
INTERACT IVE @75arcounties
& COUNTY LINES, SUMMER 2018
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