Judges: MIKE BEEBE, Attorney General
Filed Date: 8/1/2003
Status: Precedential
Modified Date: 7/5/2016
The Honorable Preston Scroggin State Representative 59 Marshall Road South Vilonia, Arkansas 72173-9335
Dear Representative Scroggin:
I am writing in response to your request for an opinion on the following question:
Does a county Quorum Court have the authority to either, by ordinance decide the method of selection for the county coroner (election or reappointment) or refer to the voters a ballot initiative that will decide the method of selection for the county coroner (election or appointment)?
RESPONSE
In my opinion, in order to change the method of selection of the county coroner, the county must follow the procedure outlined in A.C.A. §§
As an initial matter, the Arkansas Constitution, art.
The qualified electors of each county shall elect one sheriff, who shall be ex-officio collector of taxes, unless otherwise provided by law; one assessor, one coroner, one treasurer, who shall be ex-officio treasurer of the common school fund of the county, and one county surveyor, for the term of two years, with such duties as are now or may be prescribed by law. Provided, that no per centum shall ever be paid to assessors upon the valuation or assessment of property by them.
(Emphasis added).
Amendment
The Quorum Court may create, consolidate, separate, revise, or abandon any elective county office or offices except during the term thereof; provided, however, that a majority of those voting on the question at a general election have approved said action.
The legislature has adopted enabling legislation for this provision. See
A.C.A. §§
In response to your question, therefore, the quorum court has the authority you describe, as long as the procedures outlined in A.C.A. §§
Deputy Attorney General Elana C. Wills prepared the foregoing opinion, which I hereby approve.
Sincerely,
MIKE BEEBE Attorney General
MB:ECW/cyh