AAC
S
Family & Friends
AG Opinion: civil offices
ection 6 of Amendment 95 to the Arkansas Constitution, the four-year term amendment, amends Section 53 of Article 7 of the Arkansas Constitution. The provision prohibits a person elected or appointed to one of the nine county or district offices from holding any other “civil office.” The 2017 Winter issue of County Lines magazine includes an article entitled “Exploring the Ways Issue 1 Amends the State Constitution” by Sarah Giammo, AAC Law Clerk. Pages 15 and 16 set forth a full discussion of the analysis and litany of court holdings and opinions issued by attorneys general interpreting and applying the definition of “civil office” to positions created by law. Arkansas state Sen. Bryan King of Green Forest, who advocated for the four-year term amendment, kindly requested an opinion of the Attorney General on which particular appointments or elective positions a county official or justice of the peace might legally hold following the passage and effective date of the amendment. Sen. King included reference to specific offices identified by our county officials along with legal authorities, if any, and categorized his requests based upon positions that previously have been held: (a) to be a “civil office” (such as School Board); (b) held not to constitute a “civil office” (such as delegate at a Constitutional Convention); (c) as well as positions that county officials are subject to fill by affirmative law (such as Intergovernmental Cooperation Council); and finally (d) positions our county officials and justices of the peace identified for Sen. King to inquire of the Attorney General (such as county fair board, local museum board, or 12
» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »
library board, etc.). Sen. King’s opinion request asked whether the Attorney General concurred with the past holdings of the courts or opinions of the Attorney General, which concluded the following 20 offices were considered civil offices (and the referenced legal authorities): superintendent of the Arkansas School for the Blind {See: Lucas v. Futrall, 84 Ark. 540 (Ark. 1907)}; municipal judge; county election commissioner {See: Wood v. Miller}; member of the state Board of Pardons and Paroles; Board of the Southern State Colleges; member of a school board; member of a county equalization board; prosecuting attorney; Board of Workforce Education; prosecuting attorney or deputy prosecuting attorney; Board of Workforce Education; Capitol Arts and Grounds Commission; Arkansas Motor Vehicle Commission; sheriffs and deputy sheriffs; and city police officers. Sen. King’s request also specifically inquired as to a list of five boards and commissions in which past holdings of the courts or opinions of the Attorney General concluded were not civil offices (and included reference to the previous court rulings and attorney general opinions): teacher; superintendent of a small school district; auditor of the Arkansas Burial Association Board; and delegate to the Constitutional Convention. Sen. King’s request inquired about five boards or commissions on which county officials are subject to serve by virtue of their county office and affirmative statute: Intergovernmental Cooperation Council as per Ark. Code Ann. § 14-27-102; Arkansas Workforce Development Board as per Ark. Code § 15-4-3704; county equalization board as per Ark. Code Ann. § 26-27307; regional solid waste management
AG Opinions
districts as per Ark. Code § 8-6-703; and planning and development districts as per Ark. Code Ann. § 14-166-202. This request Mark Whitmore was of utmost AAC Chief Counsel importance. Finally, Sen. King’s request inquired about 18 boards or commissions our county officials and justices of the peace identified that they might be requested to serve upon and were in need of an opinion from the Attorney General: rural water boards, regional water boards or water user boards; waterworks and public sewer facility boards; county fair boards; Farm Bureau Board; Design Review Board for West Memphis; airport commission for municipal or regional airports; Arkansas Fire Protection Service Board; chamber of commerce; Southwest Mental Health Board; Arkansas Cattleman’s Foundation Board; County Soil and Conservation Board; local museum board or commission; county library board as per Ark. Code Ann. § 13-2401; county hospital board as per Ark. Code Ann. § 14-262-113; county or district boards of health as per Ark. Code Ann. § 14-263-104; county or district boards of health as per Ark. Code Ann. § 14-262-113; Rural Development Authority as per Ark. Code Ann. §§ 1488-103 through 14-88-103; Electronic Recording Commission as per Ark. Code Ann. § 14-2-305; levee board or levee improvement district as per Ark. Code Ann. § 14-123-201. AG OPINION NO. 2017–028 The Attorney General’s opinion stated COUNTY LINES, SUMMER 2017
