AAC
of tax proceeds; (4) Court and public records management, as provided by law, including registration, recordings, and cus- tody of public record; and (5) All other services prescribed by state law for performance by each of the elected county officers of departments of county government. I hope you realize that “must listing” is telling county governments that they must adequately fund the county constitutional offices. Tat same law provides a laundry list of services and func- tions that a county may fund, but are not required to fund. And, of course, the “may list” is not all-inclusive because of “home rule” that county government enjoys. Any service re- lated to county affairs may be funded if not specifically pro- hibited by state or constitutional law. County government is not solely made up by the quorum court and county judge. All 75 Arkansas counties have the following elected officials in one form or another. Te following synopsis is not meant to be all inclusive of the duties of each office.
• County Judge — Te chief executive officer of the coun- ty with the executive powers to preside over the county quorum court, without a vote but with the power of veto; to authorize and approve disbursement of appropriated county funds; to operate the system of county roads; to administer ordinances enacted by the quorum court; to have custody of county property; and to hire county em- ployees, except those persons employed by other elected officials of the county. Te county judge actually wears two hats. Not only is he or she the chief executive officer but also is a judicial judge of the county court having exclusive original jurisdiction in all matters relating to county taxes, any other case that may be necessary to the internal improvement and local concern of the county, and other jurisdiction. [Arkansas Constitution, Article 7, § 28; A.C.A. 14-14-1105]
• County Sheriff — Te chief law enforcement officer in the county. Te sheriff polices areas without local po- lice, runs the county jail, and is an officer of the local courts. Te sheriff’s office transports prisoners, serves subpoenas and, in many cases, acts as bailiff. Te sheriff is also the tax collector in 25 Arkansas counties
• County Assessor — Values real property and personal property for taxation and maintains parcel records. In Arkansas the assessor’s office goes through a continual three- or five- year real property reappraisal process.
• Circuit Clerk — Collects, files, records, and processes legal court documents and reports to the Administrative Office of the Courts. Also responsible for court notices, warrants, subpoenas and maintaining a list of poten- tial jurors. In Arkansas, with the exception of Sebastian County, the circuit clerk is also the county recorder, keeping an official county record of contracts, mort-
COUNTY LINES, WINTER 2019
SEEMS TO ME ... gages, plats, surety bonds, and deeds.
• County Collector — Collects tax revenues for the vari- ous tax entities including the county, municipalities, public school district, and numerous types of improve- ment districts. In many counties the collector also col- lects county solid waste fees and dues for volunteer fire departments and fire protection districts.
• County Coroner – Determines cause and manner of deaths in the jurisdiction. Two counties have an ap- pointed coroner.
• County Clerk – Te official bookkeeper of the county and payroll clerk [in most cases], maintains voter reg- istration, issues marriage licenses, clerk of the quorum court, and clerk of the equalization board. Te county clerk position is combined with the circuit clerk in 18 Arkansas counties.
• County Treasurer – Maintains county accounting re- cords and issues monthly and annual financial reports, disburses tax revenues to municipalities, school districts and other jurisdictions, projects revenues for budget purposes; invests county money and acts as the county’s banker and finance officer. Te treasurer is also the tax collector in five Arkansas counties.
• County Surveyor — A registered land surveyor who surveys at the request of the county assessor or county judge, as well as assisting the public with property sur- veys or legal descriptions. Many counties have left this position vacant for years.
Let’s go back to the definition of an Arkansas county. It is defined in law, by the implementing legislation of Amend- ment 55 as “a political subdivision of the state for the more convenient administration of justice and the exercise of local legislative authority related to county affairs...” Te word I consider the most important word in this Arkansas law is the conjunction “and.” A word connecting two separate clauses and two separate functions: (1) the state function of justice conveniently administered in accordance with law by county government; and (2) the local function of legislative and ad- ministrative authority relating to county affairs. Te State of Arkansas recognized decades ago the moral and legal obligation [Article 16, § 2] they had to counties. Tey realized the state must provide financial assistance to counties in order for the state’s citizens to have any equity and equality in the justice system that counties are required to provide — state services. I doubt that at the time they had any clue how profoundly correct that was. However, a 2015 study revealed that counties are subsidizing the state court system by about $50 million, not to mention other state mandates that coun-
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