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Governmental Affairs
AG OPINION NO. 2018-014
The AG determined that the position of city police officer is likely a civil office. The AG opined, however, that a city police officer could run for county elected office. The AG opined that Amendment 95, Article 7, § 53 of the Arkansas Constitution bars sitting county officers from being appointed or elected to a new civil office. The AG said the provision does not bar a police officer from continuing to hold the position that he or she held even if successfully elected to county office. The AG further declared that the Separation of Powers doctrine does not preclude being a city police officer and holding an office in a different level of government such as county office (the AG did not perceive an incompatibility of those offices).
AG OPINION NO. 2017-116
The AG concluded that the following positions were likely civil offices under the Arkansas Constitution Article 5, §10 and Article 7, § 53, members of: rural water boards; waterworks and public sewer facilities boards; airport commissions; members of the Arkansas Fire Protection Services Board; County Hospital Boards; County District Board of Health; Levee Boards; and Levee Improvement Districts. The AG reiterated that the law applicable to Arkansas Constitution Article 5, §10 should be equally applicable to Article 7, § 53, Amendment 95 of the Arkansas Constitution. The AG found that since there is no legislation regarding Southwest Mental Health Board and was unable to determine if that position was or was not a civil office.
AG OPINION NO. 2017-104
The AG concluded that a court would likely find there’s not a prohibition of a county official holding a position on the Intergovernmental Council under Ark. Code § 14-27-102 or the Electronic Recording Commission under Ark. Code § 15-4-3704. The law creating those positions simply impose additional duties on elected county officials and would not likely be considered by a court to be a separate civil office under the Arkansas Constitution Article 5, §10 and Article 7, § 53. The AG opined that service on the Work Force Development Board under Ark. Code §15-4-3704, may be deemed by court to be a separate civil office. It should be noted that the Work Force Development Board is a board constituted to assist the Governor and by law requires the appointment of a county judge, mayor, etc. Further legislative clarification of the position of Work Force Development Board may be warranted. AG OPINION NO. 2017-124
Ark. Code § 7-5-111 provides that a person shall not run for election for more than one state, county, municipal district or township office if the elections are to be held the same date. The AG determined that elected school board members are not included and that the reference to “district” in Ark. Code § 7-5-111 is not a reference to school districts. The AG also says a person can legally run for school board member and another state, county, municipal, district or township office if the elections were held on the same date.
AG OPINION NO. 2017-114
The AG concluded that the following positions were likely civil offices under the Arkansas Constitution Article 5, §10 and Article 7, § 53, members of: County Fair Board, County Soil Conservation Board, local museum board or commission, County Library Board, and Rural Development Authority. The AG concluded that membership on a Farm Bureau Board, the Chambers of Commerce and the Arkansas Cattleman’s Foundation Board are not civil offices. The AG noted that there was insufficient information to determine whether the Design Review Board for West Memphis is a civil office for purposes of these constitutional sections.
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