Judges: WINSTON BRYANT, Attorney General
Filed Date: 9/17/1993
Status: Precedential
Modified Date: 7/5/2016
The Honorable Dan Harmon Prosecuting Attorney Seventh Judicial District Post Office Box 999 Benton, AR 72018
Dear Mr. Harmon:
This is in response to your request for an opinion on the following questions:
1. What is the legal definition of "settlements" as used in A.C.A. §
14-263-105 ?2. If "settlements" means profits, is the hospital required to turn over those funds to the county treasurer on a quarterly or regular basis?
3. Is A.C.A. §
14-263-105 permissive or mandatory on the administrative officer or board?
The provision at issue in your question is codified at A.C.A. §
The right of the administrative officer or board to make quarterly reports and settlements to the county treasurer is expressly conferred by this chapter.
In my opinion, the answer to your first question is that the term "settlement," as used in A.C.A. §
The United States Supreme Court has stated that the word "settlement," as used in connection with public transactions and accounts, has been used from the beginning to describe administrative determination of the amount due. Illinois SuretyCo. v. United States,
By Rev. St. c. 41, officers chargeable with money belonging to any county are required to settle for the same at each term of the county court, and, on a failure to do so, the court is to make a settlement of the amount due from such officer from the best information they can obtain. . . . By the 41 chap. Rev. Stat. it is made the duty of county courts to settle and adjust the accounts of officers chargeable with county funds, who may have failed to settle and pay over the amount with which they are chargeable, at the time and in the manner prescribed by law.
Trice v. Crittenden County, 7 Ark. (2 Eng.) 159 (1846).
With regard to your specific question, it appears that the term "settlement," as used in A.C.A. §
In response to your second question, the term "settlements," as used in A.C.A. §
In response to your third question, it is my opinion that the provisions in A.C.A. §
An argument can be made, however, that A.C.A. §
All public funds coming into the possession of any officer of the county shall be remitted to the county treasury in a manner prescribed by law.
Since the boards of governors of county hospitals are "officers" of the county, this provision, arguably, would apply to the issue in your third question. However, it is my opinion that since A.C.A. §
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Nancy A. Hall.
Sincerely,
WINSTON BRYANT Attorney General
WB:cyh