INTRODUCTION
TO COUNTY GOVERNMENT
IN ARKANSAS

compiled by:

ASSOCIATION OF ARKANSAS COUNTIES
314 South Victory
Little Rock, Arkansas 72201
(501) 372-7550
Fax; (501) 372-0611

BOARD OF DIRECTORS
1996

PRESIDENT
Roy Bearden, County Judge Craighead County

VICE-PRESIDENT
Barbara Hersom, County Assessor Little River County

SECRETARY/TREASURER
Libby Borgognoni, Justice of the Peace Chicot County
Jay Winters, County Sheriff Pope County
George Bamett, County Coroner Independence County
Eddie Jones, County Treasurer Randolph County
Linda Jeffery, County Treasurer Izard County
Dewayne Mack, Justice of the Peace Pike County
Betty Johnson, County Assessor Lawrence County
Dian Henderson, County Clerk Pike County
David Lange, County Judge Greene County
Vicki Threadgill-Rirna, County Circuit Clerk Garland County
Donna DiCicco, County Circuit Clerk Mississippi County
Jimmy Carter, County Sheriff Poinsett County
Nancy Elrod, County Collector Saline County
Nielton Holt, County Collector Crittenden County
Mary Slinkard, County Clerk Benton County

AAC STAFF
James H.Baker, Executive Director
Virginia George
Gay Hawthorne
Jeanne Hunt
John Martin
David Morris
Angela Perry
Brenda Pruitt
Jeff Sikes

AMENDMENT 55

SS. 1. Power of quorum court. - (a) A county acting through its' Quorum Court may exercise local legislative authority not denied by the Constitution or by law. (b) No county may declare any act a felony or exercise any authority but that relating to county affairs. (c) A county may, for any public purpose, contract, cooperate, or join with any other county, or with any political subdivisions of the State or any other states or their political subdivisions, or with the United States.

SS. 2. Number of justices comprising quorum court - Powers. - (a) No county's Quorum Court shall be comprised of fewer than nine (9) justices of the peace, nor comprised of more than fifteen (15) justices of the peace. The number of justices of the peace that compose a county's Quorum Court shall be determined by law. The county's Election Commission shall, after each decennial census, divide the county into convenient and single member districts so that the Quorum Court shall be based upon the inhabitants of the county with each member representing, as nearly as practicable, an equal number thereof. (b)The Quorum Court may create, consolidate, separate, revise, or abandon any elective county office or offices except during the term thereof; provided, however, that a majority of those voting on the question at a general election have approved said action.

SS. 3. Power of county judge. - The County Judge, in addition to other powers and duties provided for by the Constitution and by law, shall preside over the Quorum Court without a vote but with the power of veto, authorize and approve disbursement of appropriated county funds; operate the system of county roads; administer ordinances by the Quorum Court; have custody of county property; hire county employees, except those persons employed by other elected officials of the county.

SS. 4. Veto power of quorum court. - In addition to other powers conferred by the Constitution and by law, the Quorum Court shall have the power to override the veto of the County Judge by a vote of three-fifths of the total membership; fix the number and compensation of deputies and county employees; fill vacancies in elective county offices; and adopt ordinances necessary for the government of the county. The Quorum Court shall meet and exercise all such powers as provided by law.

SS. 5. Compensation of county officers fixed by quorum court. - Compensation of each county officer shall be fixed by the Quorum Court within a minimum and maximum to be determined by law. Compensation may not be decreased during a current term; provided however, during the interim, from the date of adoption of this Amendment until the first day of the next succeeding month following the date of approval of salaries by the Quorum Court, salaries of county officials shall be determined by law. Fees of the office shall not be the basis of compensation for officers or employees of county offices. Per diem compensation for members of the Quorum Court shall be fixed by law.

SS.6 Bonding of county officers. - All County Officers shall be bonded as provided by law.

Introduction to County Government

County government is a unit of local government which provides services to all of the citizens of the county and every resident of Arkansas lives in a county somewhere. These services include law enforcement, county roads, sanitation, judicial, emergency medical, fire protection, elections, jails, assessment, collection and distribution of property tax proceeds, the management of public records and many other services.

County government elects nine executive officers and a countywide legislative body called the Quorum Court to provide these various services. The nine elected officials are county judge, sheriff, county clerk, circuit clerk, collector, assessor, treasurer, coroner and surveyor. Some counties combine two of these offices into one, such as county clerk/circuit clerk and sheriff/collector. Also, not all counties elect a surveyor or a coroner and in the counties that do elect them, these jobs are usually not full-time positions. The county legislative body is entitled the Quorum Court and is composed of 9-15 members called Justices of the Peace. These justices of the peace are district officers and not county officials because they represent a district within the county.

The chief executive officer for county government in Arkansas is the County Judge. As chief executive, the judge authorizes and approves the disbursement of all appropriated county funds, operates the system of county roads, administers ordinances enacted by the Quorum Court, has custody of county property, accepts grants from federal, state, public and private sources, hires county employees except those persons employed by other elected officials of the county, and presides over the Quorum Court without a vote, but with the power of veto.

(ACA 14-14-1001 - 1103)

All powers not vested in the county judge as the chief executive officer of the county shall continue to be exercised and administered by the county court, over which the county judge shall preside. The county court, in fact, is the county judge sitting in a judicial role.

The county court of each county has exclusive original jurisdiction in all matters relating to:

& 1. County Taxes: Including real and personal ad valorem taxes collected by county government. The county court's authority in this area includes jurisdiction over the assessment of property, equalization of assessments on appeal, tax levies, tax collections, and the disbursement of tax proceeds.

& 2. Paupers: The court's jurisdiction includes all county administrative actions affecting the conduct of human services programs serving indigent residents of the county where such services & 3. Jurisdiction in each other case that may be necessary to the internal improvement and local concerns of the respective counties including county financial activities and works of general public utility or advantage designed to promote intercommunication, trade and commerce, transportation of persons and property, or the development of natural resources, which are not otherwise tr
& 4. The county court shall have all other jurisdiction now vested by law in the county court except with respect to those powers formerly vested in the county Court under the provisions of Section 28 of Article 7 of the Constitution which were transferred to the county judge under the provisions of Section 3 of Amendment 55 to the Arkansas Constitution, (ACA 14-14-1105), and those powers removed by Amendment 67 as they pertain to the Bastardy and Juvenile Court.

In addition to the duties of the county court, the county judge is responsible for coordinating the day to day inter-governmental relations between the various state and federal agencies operating at the county level. The judge must also apply for all federal and state assistance monies for which the county is eligible, and appoints the members to all administrative and advisory boards in the county, some of which have to be confirmed by the quorum court.

The County Sheriff is the sheriff of the courts, maintains public peace, and has custody of the county jail. As chief enforcement officer of the circuit and chancery courts, the sheriffs office, which includes the sheriff and deputies, is charged by constitutional and statutory laws with the execution of summons, enforcement of judgments, orders, injunctions, garnishments, attachments, and the making of arrests on warrants issued by the courts. The sheriff also opens and attends each term of circuit and chancery court and notifies residents selected to jury duty, assists in handling witnesses and prisoners during a given court term.

The sheriff, or a member of that staff, often prepares and assembles evidence of the Prosecuting Attorney's case against defendants charged with both felonies and rnisdemeanors. The sheriff also transports convicted prisoners and others declared by the court to the various penal and mental institutions of the state.

The sheriff in every county has the custody, rule, and charge of the county jail and all prisoners committed in his county (ACA 12-41-502). The sheriff shall be conservator of the peace in his county (ACA 14-15-501). It shall be the duty of each sheriff to quell and suppress all assaults and batteries, affrays, insurrections, and unlawful assemblies; and he shall apprehend and commit to jail all felons and other offenders (ACA 14-14-1301). The sheriff also works with the various local municipal law enforcement officials or other state and federal officials charged with law enforcement.

The County Clerk is the official bookkeeper of county government and serves as the clerk for the County, Quorum and Probate Courts. The county clerk serves as secretary of the Board of Equalization and handles many of the administrative details of each election for the County Board of Election Commissioners.

As clerk of the county court, the clerk has the duty of keeping a regular account between the treasurer and the county. The clerk charges the treasurer with all monies received and credits the treasurer with all monies dispersed. In addition, the clerk keeps an accurate account of all financial transactions within the county and files all documents, vouchers, and other papers pertaining to the settlement of any account to which the county is involved. It is the responsibility of the county clerk to prepare all checks on the treasury for monies ordered to be paid by the county court and to keep complete and accurate records of all these financial transactions ready for the court's inspection at any time (ACA 16-20-402).

The county clerk shall serve, unless otherwise designated by county ordinance, as the secretariat of the Quorum Court. These duties involve keeping a complete permanent record of the proceedings of the Quorum Court including minutes, ordinances, resolutions and an index to provide easy access to the information (ACA 14-14-903).

As clerk to the probate court, the clerk files all instruments making them a matter of record in descendent estate cases, and swears in all witnesses in contested estates. The clerk, also in this capacity, maintains all records relative to adoptions and guardianship cases within the county. Although probate court is a court of equity and is presided over by the chancery judge, prior to 1937 it was a function of the county court, and under the amended procedure, the county clerk still operates as the clerk of the probate court (ACA 16-10-104, and 16-10-109 thru 16-10-110).

The county clerk serves as the secretary of the Board of Equalization and records the minutes of their meetings (ACA 26-27-307). Also, he/she is responsible for extending the taxes in the information provided by the assessor and the Board of Equalization (ACA 26-28-101 thru 26-28-108).

The clerk became the official voter registrar with the adoption of Amendment 51 to the Arkansas Constitution in 1966. The clerk maintains an accurate and up-to-date voter registration list within the office and stores the ballot boxes between elections. In addition, the clerk handles most of the administrative details of each election for the County Board of Election Commissioners (ACA 7-7-301).

The county clerk also maintains birth and death records for the Bureau of Vital Statistics and provides birth and death certificate application forms for individuals with the county (ACA 20-18-102). The clerk issues marriage licenses (ACA 9-11-201), and keeps a record of all firms in the county which have incorporated (ACA 4-26-502). The clerk issues special licenses allowing certain activities outside the city limits (ACA 26-76-202).

The Circuit Clerk is the clerk of the circuit, chancery court, and juvenile court and usually acts as the ex-officio recorder of the county.

The administrative duties of the circuit clerk are to maintain a record of all proceedings of the circuit, chancery and juvenile courts and to prepare the dockets for these courts (ACA 16-20-101, 16-20-103, 16-20-302, 16-20-304, 16-20-307, and 9-27-301). The circuit clerk prepares summons, warrants, orders, judgments, and injunctions authorized by the circuit, chancery and juvenile court for delivery by the county sheriff (ACA 16-20-313). The circuit clerk also maintains a file of all cases pending in either court, as well as a record of all past court cases and their disposition (ACA 16-20-303). In addition, the circuit clerk acts as a secretary to the jury commission by keeping a list of all prospective jurors (ACA 16-32-105).

The circuit clerk is also the ex-officio county recorder; and is responsible for recording deeds, mortgages, liens, and surety bonds, and many other orders and instruments which involve property within the county (ACA 14-15-402). The circuit clerk maintains a record of many miscellaneous items, and files certain licenses. The circuit clerk also swears in all notaries public and files regulations of state agencies which license trade or professional workers.

The County Collector is the collector of taxes for the county and collects municipal, county, school and improvement district taxes and turns them over to the county treasurer. The collector is responsible for collecting all property taxes from the third Monday in February to the tenth day of October during the calendar year after they are assessed. By statute, the collector is required to turn over all tax revenue to the treasurer by at least once a month. Taxpayers may pay their taxes in installments, with one-fourth of the total being due between February and April, one-fourth being due between April and July, and the remaining one-half between July and October 10 (ACA 26-35-501).

Any real or personal property taxes not paid by the tenth day of October are considered delinquent and the collector extends a 10% penalty against the taxpayer (ACA 26-35-501). On or before the third Wednesday in November of each year, the collector files the list of delinquent taxpayers with the county clerk, and publishes this list within seven days in a legal newspaper of the county (ACA 26-36-203). The collector shall, by the fourth Wednesday of October in each year, file with the clerk of the county court a list of taxes levied on real estate that the collector has been unable to collect.

The duty of the County Assessor is to appraise and assess all real property between the first Monday of January and the first of July, and all personal property between the first Monday in January and the first of August (ACA Title 26, Chapter 26). All property in the state shall be assessed according to its value on the first of January except merchants inventory which is assessed at its' average value during the year immediately proceeding the first of January (ACA 26-26-1105 thru 26-26-1106).

The assessor must make an abstract of assessment showing the total assessed value of the county. On August 1st, the assessor turns over to the County Equalization Board his/her Real Property Assessment Book and his/her Personal Property Assessment Book (ACA 26-26-1103). After August 1st, the County Equalization Board and not the assessor, has the legal authority to make value changes in any of the assessment books.

The assessor is required to maintain current appraisal and assessment records by securing necessary filed data and making changes in valuations as they occur in land use and improvements. He/she is also charged with staying abreast of all property transactions within the county and keeping a file on all properties updated throughout the year (ACA 26-26-715).

The County Treasurer is the disbursement officer of the county, and in the unofficial or quasi comptroller. The treasurer is responsible for the custody and disbursement of all county funds and school district funds. The treasurer, therefore, receives county tax collections, county turnback funds, federal matching funds, state aid to school district funds and revenues from various other sources. The treasurer, after receiving this revenue, distributes the money to the various taxing units of the county. The county treasurer signs checks, prepared and signed by the county clerk indicating that the expenditure has been authorized by the county court, to pay employees and creditors of the county. A copy of each check serves as a warrant and is filed in the county financial records.

The treasurer must keep an accurate and detailed account of all receipts and disbursements of the county (ACA 14-15-807). The treasurer is required to make a monthly financial report to the Quorum Court, prosecuting attorney and deputy prosecuting attorney of the judicial district in which the county is located, on the fiscal condition of the county (ACA 14-20-105).

Also, on or before the fist Monday in July and more often if so required, the treasurer shall make a full and complete settlement with the county court of all funds and monies that have come into the bands of the treasurer (ACA 14-15-8O8).

The county treasurer is allowed a two percent commission on all funds coming to his office. This commission is allowed on all funds including county and school district funds (except revolving loan, equalizing, vocational education funds and proceeds of bond sales and insurance claims and other nonrevenue receipts) which the treasurer receives. Also, the county treasurer is allowed a smaller commission (less than 2%) from school districts which employee their own treasurer. The 2% commission is not kept by the treasurer but is intended to create a source of revenue accuring to the office from which the salary or operation of the office could be paid. Any excess treasurer's commissions should be redistributed to the various taxing units.

The County Coroner is most often a part-time job in county government and is utilized on an as-needed basis. The coroner is called upon to hold an inquest to establish cause of death that has occurred under violent or suspicious circumstances An inquest may he accomplished by a postmortem autopsy, or by calling a coroner's jury (ACA 16-83-102). The signs death certificates if there is no doctor present.

The County Surveyor is also a part-time job in county government. The surveyor boundaries of specific properties at the request of the assessor, and establishes disputed property lines upon request of the county, circuit or chancery court (ACA 14-15-702). The surveyor is also County Timber Inspector and determines the amount of timber cut, records the log markings, and prosecutes persons who remove timber from state owned lands (ACA 15-32-201).

A Constable is a constitutional township official charged, by law, to conserve the peace in his township (ACA 16-19-301).

The legislative body of county government is called the Quorum Court and is composed of 9, 11, 13 or 15 members depending on the population of the county. The Quorum Court members are called Justices of the Peace and are elected for two-year terms from districts within the county. These district officials meet each month, more often if necessary, to conduct county business and review ordinances and resolutions for passage. The county judge is the presiding officer over the Quorum Court without a vote, but with the power of veto. This veto can be overridden with a 315ths vote of the total membership of the Quorum Court (ACA 14-14-801).

As provided by Amendment No.55 of the Arkansas Constitution, a county government acting through its Quorum Court may exercise local legislation authority not expressly prohibited by the Constitution or by law for the affairs of the county (ACA 14-14-801). Some limitations are: The Quorum Court cannot declare any act a felony (felonies are covered by the State Criminal Code); Quorum Courts may exercise no authority unrelated to county affairs (ACA 14-14-806).

The Quorum Court may exercise the following powers, but not limited to: A) the levy of taxes in manner prescribed by law; B) appropriate public funds for the expenses of the county in a manner prescribed by ordinance; C) preserve the peace and order and secure freedom from dangerous or noxious activities; provided, however, that no act may be declared a felony; D) for any public purpose, contract, or join with another county, or with any political subdivision or with the United States; E) create, consolidate, separate, revise, or abandon any elected office or offices except during the term thereof; provided, however, that a majority of those voting on the question at a general election have approved said action; F) fix the number and compensation of deputies and county employees; G) fix the compensation of each county officer with a minimum and maximum to be determined by law; H) fill vacancies in elected county offices; I) provide for any service or performance of any function relating to county affairs; J) to exercise other powers, not in-consistent with law, necessary for effective administration of authorized services and functions (ACA 14-14-801).

Role of the
Association of Arkansas Counties

Since 1968, the Association of Arkansas Counties (AAC) has served as a statewide voice for all counties in Arkansas. The Association is best described as an umbrella organization which represents nine affiliate associations of county and district officials. The groups represented are County Judges, Sheriffs, Collectors, County Clerks, Circuit Clerks, Assessors, Treasurers, Justices of the Peace and Coroners.

The Association of Arkansas Counties represents 1,296 elected county and district officials in the State of Arkansas. The Association supports and promotes the idea that all elected officials must have the ability to act together to solve problems and to benefit from these opportunities as a unified group. The AAC is committed to provide a single source of cooperative support and information for all counties and all county officials.

The overall purpose of the AAC is to work for the improvement of county government in the State of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office, therefore, contributing to the overall effectiveness and efficiency of county government.

The AAC promotes the training and education of county and district officials in the latest and most efficient methods of public administration. The Association provides a medium of exchange for ideas and experiences of county government from county officials throughout the state and cooperates with state and national governments so that the taxpayers will receive full value for their tax dollars. Also, the AAC promotes more practical legislation for the development of county government so that counties may provide better services for their citizens, and assists in developing and improving methods of administration and financing county government.

Membership and Dues Structure

Every county within the State of Arkansas is eligible for full membership in tile Association of Arkansas Counties, and is accepted as a member upon payment of annual dues. The voluntary dues are based on one percent of the county's general turnback revenue received from the County Aid Fund in the State Treasury during the preceding fiscal year. (Act 92 of 1969, ACA 14-20-1O7)

These dues entitle the county officials and quorum court members from that county to use the Association's services and to participate in Association programs. Also, member county officials are eligible to vote on issues being considered by the total membership of the Association.

Organization

The Board of Directors is the governing body of the Association of Arkansas Counties. The Board is structured to accurately reflect the total membership of the Association. Each of the nine affiliate Associations is represented with two members on the AAC Board of Directors except the Collectors and Coroners Association's which have one member each. The Board, which meets bi-monthly, is composed of 16 members who are selected by their own respective association.

The Executive Director is responsible for administering the Associations' policies and programs. He selects his staff and together they work to provide Arkansas counties with the best possible service.