AAC AG OPINIONS From dual offices to constables and APERS

AG OPINION NO. 2023-005

Article 7, §53 of the Arkansas Constitution, as modified by Amendment 95, bars a sitting justice of the peace or an elected county official from holding another civil office during the term the JP or county official has been elected. Amendment 95 of the Arkansas Constitution also amended the terms of office for county elected officials to four-year terms. Ark Code §14-14-115 contains the same proscription and defines “civil office” along with listing numerous offices that constitute civil offices — and even provides a handy list of a litany of offices that do not constitute civil offices. A person holding dual offices is subject to removal from office for violation of this provision. This provision of the Arkansas Constitution is nearly identical to Article 5, §10 of the Arkansas Constitution, which prohibits state legislators from holding dual civil offices. Ark Code §1414-115(a)(1) adds further clarity in providing that a JP or county elected official is prohibited from being elected or appointed to another civil office during the term for which he or she has been elected. Ark Code §14-14-115(c)(2) provides that this section does not generally prevent a person from continuing to hold a civil office the person held before appointment or election to an office under subsection (1), such as JP or county elected official.

AG OPINION NO. 2022-024

If a school district closes, does the property tax levy for that school district transfer to another school district? Yes. The AG explained that if a school district is dissolved, annexed to, or consolidated into another school district, the existing millage taxes of the old district remain in place unless and until changed by the voters of the newly expanded school district.

Mark Whitmore Chief Legal Counsel

AG OPINION NO. 2022-020

The AG determined that a constable is not eligible to participate in the Arkansas Public Employees Retirement System (APERS). The AG concluded that for purposes of APERS, a constable is not a state employee. A constable is a township officer and is not employed by an APERS covered employer. This is regardless of whether the individual is simultaneously employed by the state of Arkansas and an APERS member due to their employment by the state.