Members of the Franklin County Quorum Court and other administrators said Tuesday that Franklin County Judge Joe Powell, who will resign March 1, has asked that his wife, Janet Powell, be appointed as his successor.
Powell, who has served as county judge in Franklin County for more than 35 years, said in a letter issued from his office, dated Feb. 1, that he is resigning because of rules governing the Arkansas Public Employees Retirement System. Because of Powell’s decision to enroll in the Deferred Retirement Option Plan in 2006, he must retire by March 1 or forfeit the balance of funds accumulated in his deferred plan.
Powell also implied in the letter he plans to return to office after 90 days, the minimum amount of time Powell must stay off the public payroll after retiring. In the letter, Powell did not specify how this would happen.
Powell states in the letter:
“In 2006, I was given the opportunity to enroll in the [Deferred Retirement Option Plan] ... of the Arkansas Public Employees RetirementSystem. After entering the program a public employee is required to leave employment after expiration of the continued service period. I mistakenly thought that I could complete my 2013/2014 term of office because the continued service period expired within my term.
“On March 1, of this year I will be required to resign from the office of County Judge and I must remain out of public employment for 90 days. Any person who is appointed to fill out the remaining part of the 2013/2014 term by law cannot run for the office in the 2014 election.
“The benefit to me is twofold, I could finish my last fullterm serving the people of my county. I believe our county would benefit in other ways; those citizens who wish to run for the office would have an open seat with no incumbent to contest the 2014 race, as an outgoing judge I could work with whomever the people elect to see that a smooth transition occurs with the new administration.”
The letter concludes: “I’m asking for your support one last time in allowing me to finish my last full term serving the people of Franklin County.”
Franklin County Justice of the Peace Mary Jane Cains, who represents District 6, said Tuesday that she had recently spoken with Powell, and that Powell hoped the Quorum Court will appoint his wife to succeed him as county judge.
“I don’t have a problem with it, it’s commonly done,” Cains said. “She’s been a county judge’s wife for so many years, she’s certainly familiar with it.”
Chris Villines, executive director of the Arkansas Association of Counties, said that it was not unheard of for an elected official’s spouse to succeed him if the official leaves office unexpectedly due to illness or death.
“I’ve seen it happen a lot with justices of the peace, but we have more than 700 of them,” Villines said. “We only have 75 county judges.”
“It’s not health or mental incapacity that’s driving this, so it’s a unique situation,” Villines said.
Justice of the Peace Chad Haberer, who represents the county’s District 5, said Powell approached him about his wish for the court to appoint Janet Powell to the office in late January.
“Obviously, this will have to be determined by the Quorum Court,” Haberer said. “She would have to decide to take it, and when to leave. We have to appoint someone to the entire term.”
Haberer said that while he respect’s Powell’s popularity, and felt that Powell had the right to fulfill his term, the idea of pre-selecting Powell’s spouse as his successor made him uneasy.
“It’s just kind of an awkward situation,” Haberer said. “We don’t even know if other candidates will come forward.”
According to Arkansas Code Annotated 14-14-1310, members of a county’s quorum court are responsible for appointing a successor to fill the remainder of a county judge’s elected term in the event of an unexpected vacancy. Members of the quorum court are ineligible for the appointment, as are their spouses and other immediate family members.
According to the agenda for the Franklin County Quorum Court, justices of the peace will declare a vacancy in the office of the county judge and appoint a successor during Thursday’s meeting.
Franklin County Attorney James Mainard said Powell indicated to him several months ago that he hoped to see his wife appointed as his successor.
Mainard said that although he had personal misgivings about such an appointment, he did not feel it necessary to explicitly warn Powell against it.
“I think the advice would be obvious,” Mainard said. “I think anyone with common sense would realize the appearance of requesting that your spouse replace you would be unfavorable.”
Mainard said he had not spoken with anyone who had expressed any interest in filling the office, but that he believed the vacancy was public knowledge.
“I haven’t talked to anyone with any interest in coming forward,” Mainard said. “But I would assume in a community this size that the word is out that Joe Powell is stepping down.”
Northwest Arkansas, Pages 8 on 02/20/2013