Attorney General Opinions

AG Opinions: From law library funds to 911 recordings

AG OPINION NO. 2014-016

County Law Library excess funds not needed for the operation and maintenance of the county law library may be used for other expenditures “necessary for the improvement of justice in the county,” under ACA 16-23-102. The AG determined that the County Law Library Board may lawfully contribute law library funds to the general fund for capital expenditures to improve the courthouse, courtrooms or spaces used by officials, staff or the public in the administration of justice in the county. The funds must be excess or surplus funds, and the purpose must be necessary for the improvement of justice in the county.

The AG further explained that ACA 14-14-802(a) expressly provides that the administration of justice is a necessary service that counties are required to provide for citizens. {County Law Library funds frequently accumulate significant excess funds over and above the law library operation and maintenance expenses. Working together, the County Law Library Board and county officials may address other necessary administration of justice funding needs as observed in this AG Opinion.}

AG OPINION NO. 2013-148

ACA 14-14-1205 was amended in 1997 to authorize counties to provide health insurance coverage to members of the Quorum Court. The AG confirmed previous opinions noting that the law does not authorize the extension of health insurance to dependent coverage for justices of the peace. Justices of the peace, as district officials, are not protected from the limitations under ACA 14-14-1203(d) in decreasing the annual salary or compensation of a county official.

AG OPINION NO. 2014-147

The AG concluded that the release of 911 recordings is within the authority of the head of each agency (or his or her designee) that operates a 911 public safety communications center. The 911 agencies may coordinate response to requests for 911 recordings with the county emergency management director, but there is no requirement in the law to do so. 911 recordings are generally subject to release under the Freedom of Information Act (FOIA) and must be recorded and retained for at least 31 days. The custodian vested with administrative control over 911 recordings is the operating agency of the 911 public safety communications center (or his or her designee). The county emergency management coordinator has authorities and duties over local emergency management, which are distinct from the duties imposed over the 911 public safety operating agency or agency to record, retain and address requests for copies of 911 records. The emergency management coordinator in some counties also serves as the 911 public safety official, however the AG determined that the 911 operating agency official (or his or her designee) is the custodian for purposes of FOIA requests of 911 public safety records.

AG Opinions

Mark Whitmore AAC Chief Counsel

AG OPINION NO. 2013-142

The AG explained that a county personnel policy may not require county employees to vacate their position before filing for elective office. The AG explained that in 1997 the General Assembly enacted ACA 21-1-207, which explicitly provides, “No employee of the state, municipality, a school district, or any other political subdivision of this state shall be deprived of his or her right to run as a candidate for an elective office or to express his or her opinion on political subjects, unless necessary to meet the requirements of federal law.” Attorney General Opinions 99-155 and 98-084 likewise cite ACA 211-207 and support the same conclusion.