Court approves $6,517 contract with Association of Arkansas Counties after counsel debate

The Quorum Court passed an ordinance authorizing the county judge to enter a contract for services with the Association of Arkansas Counties (AAC) and to appropriate $6,517 for membership.

Counsel Lester explained the ordinance in the context of a recent dispute: an elected official had sought an outside opinion from the AAC after the county attorney's office advised that a purchase (four $100 gift cards) likely violated the public purpose doctrine. "The association had already given some opinion to some other counties that that particular fund was basically unlimited," Lester said, adding that his office disagreed and had issued a separate legal opinion. Lester described the situation as an ethical concern when multiple bodies give differing legal advice and said the AAC agreed to coordinate with the county attorney's office going forward for issues that may produce litigation.

Some justices expressed concern about separation of powers and the ability of elected officials to seek outside information. "I just didn't want anything to interfere with ... our right as a JP or other elected officials to just ... get information from the AAC," one justice said. Counsel replied that elected officials are not prohibited from contacting AAC but that in some cases the AAC will refer them back to the county attorney's office.

After discussion the court held a roll call on the ordinance authorizing the contract and voted to pass it; the roll call recorded two "no" votes (including Justice Koger and Justice Bruns) and the court announced "Item number 12 passes."