FAQs: Governmental Affairs

Quorum court processes, legalities

QUESTION: Who shall serve as the legal counsel for the county quorum court?

ANSWER: The prosecuting attorney or his/her deputy serving each county shall serve as legal counsel of the quorum court unless otherwise provided by county ordinance. A quorum court may, by ordinance, provide for the appropriation of county funds for the employment of legal counsel to serve the court. (ACA 14-14-902)

QUESTION: What are the duties of the legal counsel for the county quorum court?

ANSWER: The legal counsel of a quorum court shall attend all regular and special meetings of the court; perform all duties prescribed specifically by law; and perform all other duties as may be required by quorum court. (ACA 14-14-902)

QUESTION: What are the duties of the county civil attorney?

ANSWER: A county civil attorney or county attorney may be selected pursuant to ordinance of the quorum court for each county in the state. The county attorney shall commence and prosecute or defend all civil actions in which his county is concerned. The county attorney shall give his or her opinion, without fee or reward, to any township or county official on any question of civil law concerning the county which is pending before the official. All civil duties provided by the laws of the State of Arkansas or the ordinances of the several counties to be performed by the elected prosecuting attorney shall be performed by the county attorney in those counties which have established the office of civil attorney. The office of county attorney shall be funded pursuant to appropriation ordinance of the quorum court of the county. (ACA 16-21-114)

QUESTION: Are the minutes of the proceedings of the county quorum court to be recorded?

ANSWER: The quorum court of each county shall provide for the keeping of written minutes which include the final vote on each ordinance or resolution indicating the vote of each individual member on the question. (ACA 14-14-903)

QUESTION: Are the minutes of the proceedings of committees of the quorum court required and what is a public meeting?

ANSWER: 14-14-109. Public meetings. (a) (1) All meetings of a county government governing body, board, committee, or any other entity created by, or subordinate to, a county government shall be open to the public except as provided in subdivision (a)(2) of this section. (2) A meeting, or part of a meeting, which involves or affects the employment, appointment, promotion, demotion, disciplining, dismissal, or resignation of a county government official or employee need not be open to the public unless the local government officer or employee requests a public meeting. (b) In any meeting required to be open to the public, the county quorum court, committee, board, or other entity shall adopt rules for conducting the meeting which afford citizens a reasonable opportunity to participate prior to the final decision. (c) Appropriate minutes shall be kept of all public meetings and shall be made available to the public for inspection and copying.

QUESTION: How shall the various ordinances and resolutions adopted by the county quorum court be maintained?

ANSWER: There shall be maintained by each quorum court a county ordinance and resolution register for all ordinances, resolutions, and amendments to each, adopted and approved by the court. Entries in this register shall be sequentially numbered in the order adopted and approved and shall be further designated by the year of adoption and approval. A separate sequential numbering system shall be maintained for both ordinances and resolutions. The register number shall be the official reference number designating an enactment.

The register shall be maintained as a permanent record of the court and shall contain, in addition to the sequential register number, the following items of information: an index number which shall be the originating legislative agenda number of the enactment; the comprehensive title of the enactment; the type of ordinance or amendment (general, emergency, appropriation, initiative, or referendum, etc.). Entries in the register shall also include the date adopted by the quorum court; the date approved by the county judge, date of veto override, or date enacted by the electors; the effective date of the enactment; the expiration date of the enactment; and a recording index number designating the location of the enactments.

The county shall maintain a permanent record of all ordinances and resolutions in which each enactment is entered in full after passage and approval, except when a code or budget is adopted by reference. When a code or budget is adopted by reference, the date and source of the code shall be entered. The permanent record shall be so indexed to provide for efficient identification, location, and retrieval of all ordinances and resolutions by subject, register number, and date enacted. The permanent record indexing may be by book and page. At five-year intervals, all county ordinances enacted in each county shall be complied into a uniform code and published. (ACA 14-14-903)

The Association of Arkansas Counties currently is in the final stages of codifying the ordinances for the counties in their risk management pool to be in compliance with ACA 14-14-903 (d).

Fowler’s FAQs

Wes Fowler Government Relations Director