Attorney General Opinions

AG Opinions: From fire dues to voter registration transfer

AG OPINION NO. 2015-009

The Attorney General discussed collection of volunteer fire association dues and the proper manner to collect delinquent dues. The AG stated that if a property owner in a fire association district pays his/ her assessed property taxes but does not pay the fire association dues to the county collector, the proper manner for a volunteer fire association to pursue its legal remedies to collect delinquent dues is through court proceedings. The county collector may not certify the volunteer delinquent fire association dues for sale of the property or collection by the Commissioner of State Lands.

AG OPINION NO. 2015-020

The AG addressed an ordinance seeking to require the county judge to seek the prior approval of the quorum court before purchasing a vehicle even when the appropriations for purchases in the same category were more than enough to cover the expenditure. The AG determined that the ordinance was an unlawful encroachment by the legislative branch into the discretion granted an official of the executive branch under the separation of powers doctrine. The AG determined that such an ordinance constitutes an impermissible legislative encroachment on the executive branch because a county quorum court cannot constitutionally require the county judge to obtain the quorum court’s approval before or in making purchases or contract awards with funds that have been properly appropriated. The AG also stated that the quorum court does not have the power to direct that the county judge or county only purchase vehicles through the state procurement bid process.

AG OPINION NO. 2015-022

The AG discussed A.C.A. § 7-4-109(c) (1), which provides, “[a] person who is a paid employee of a political party or of a candidate for office on that county’s ballot shall not be a member of a county board or an election official.” The AG concluded that despite an individual’s status as deputy prosecuting attorney working under the prosecuting attorney (a candidate for office on that county’s ballot) and a member of the election commission of the same judicial district, the individual’s employment situation does not fall within the prohibition outlined in A.C.A. § 7-4-109(c)(1). The employee of a constitutional office, which is paid by the state of Arkansas is not, by virtue of that employment, a paid employee of the individual candidate who is elected or appointed to the head of that office.

AG Opinions

AG OPINION NO. 2015037

The AG Mark Whitmore discussed the AAC Chief Counsel transfer and change of status of voter registration from one county to another under Arkansas Constitution Amendment 51 section 10. The AG explained that if a voter has moved to a new county, has previously registered in another county, and has submitted registration information which was not received by the new county by the fourth day before the scheduled election, that voter is prohibited from voting in the scheduled election. However in supplemental opinion No. 2015-037A, the AG states if the voter contends that he or she is a regtistered voter in the precinct in which he or she desires to vote and that he or she is eligible to vote, then the voter shall be permitted to cast a provisional ballot.

Rave panic button to deploy in public schools

Legislators, members of the emergency management, law enforcement and criminal justice communities, and others

announced Tuesday, Aug. 11, 2015, in the state Capitol rotunda implemented a new service that will enhance school safety across the state. Rave Panic Button3 will allow school faculty and staff to immediately and directly alert 911 and school administrators in the event of an emergency. The smart app, which is expected to serve more than 1,000 public schools, cuts emergency response time by 3 seconds and integrates with Smart911 to give detailed information to 911 dispatchers. The Rave Panic Button is part of the 2015 School Safety Act passed this year requiring all schools to use the panic button if funding is available. The first year’s costs have been covered by the Arkansas Department of Education. Rep. Scott Baltz, a former Randolph County justice of the peace, and Sen. Jane English were the lead sponsors on the bill that created the act.