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1978 Arkansas Attorney General Reports and Opinions 1 (1978)

handle is hein.sag/sagar0047 and id is 1 raw text is: STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK BILL CLINTON ATTORNCY GCNERAL January 5, 1978 GPINEGN-NO. 78-1 The Honorable Jim Montgomery P. 0. Box 169 Mountain Pine, Arkansas 71956 Dear Representative Montgomery: This letter is in response to the oral request you made in a meeting between Mr. Larry E. Crane, of my staff, and you wherein you requested the opinion of this office as to the following: May a Quorum Court establish a County Employee Commission which would have the power to establish standards for hiring, promotion and dismissal for all county employees, including those persons employed by elected county officials, and which would have the power to overrule a decision of an elected official relating to promotion, reduction in rank or pay or dismissal of an employee? In response to your inquiry, please find enclosed a copy of Opinion No. 77-127, from this office to the Honorable Walter Wright, under date of July 12, 1977. In said Opinion, this office noted that the Quorum Court of Garland County could not establish a civil service system since Section 76 of Act 742 of 1977 prohibits legislative action by Quorum Courts in any manner inconsistant with State law, and, since, by Act 752 of 1977, the General Assembly had limited implementation of civil service systems to counties having a population of 200,000 or more, and then only for purposes of the Sheriffs' Departments in those counties. After review of the system proposed to be enacted in Garland County, it is the opinion of this office that the system would be, in effect, a civil service system, and that enactment of such would violate Section 76 of Act 742 of 1977. Further, it is the opinion of this office that enactment of such a system could very well infringe upon the rights of elected county officers under Section 78 of Act 742 of 1977, which provides that County Judges shall have the power to hire all county employees not employed by other elected officials, and that other elected officials would hire their own employees. This opinion, which I hereby approve, was prepared by Assistant Attorney General Larry E. Crane. uly yours, BILL CLINTON BC:lm Enc.

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