Judges: MIKE BEEBE, Attorney General
Filed Date: 10/24/2003
Status: Precedential
Modified Date: 7/5/2016
The Honorable Roger Smith State Representative 13 South Pego Way Hot Springs Village, AR 71909-2828
Dear Representative Smith:
I am writing in response to your request for my opinion on a question I will paraphrase as follows:
In light of the failure of the Fountain Lake School District to submit for voter approval in September the 25-mill uniform rate of tax for maintenance and operation of the schools, how should the quorum court proceed in setting the millage rate in November?
RESPONSE
I must respectfully decline to answer this question, which raises issues that bear directly on the enforceability of a pending consent decree in the case of Barker et al. v. Frank et al., Saline County Circuit Court No. CIV-94-719-2. The signatories to a Stipulation of Settlement Subject to Court Approval in the referenced case are apparently in dispute as to whether section 2.4 of the Stipulation, captioned "Millage Reduction," is consistent with the requirements of Ark. Const. amend.
Although I am statutorily obliged to render my opinion to members of the legislature and various state officials regarding matters of state law, A.C.A. §
Moreover, I foresee a possibility that the state might be deemed a necessary party in any proceeding to determine whether Amendment 74 authorizes the issuance of a consent decree pursuant to which Saline and Garland Counties would levy a tax below the 25-mill uniform rate of tax to fund maintenance and operation of the Fountain Lake School District's schools. As I noted in Ark. Op. Att'y Gen. No.
Having declined to address the specific dispute underlying your question, I can and will forward for you information copies of Ark. Ops. Att'y Gen. Nos.
Assistant Attorney General Jack Druff prepared the foregoing, which I hereby approve.
Sincerely,
MIKE BEEBE Attorney General
Enclosures