County Has Committee Conundrum

Saturday, January 19, 2013

At A Glance

It’s The Law

“The county judge shall be responsible for the administration and performing the executive functions necessary for the management and conduct of county affairs, as prescribed by ordinance of the quorum court, unless the performance of such duties is vested in the county court by ordinances enacted by the quorum court or by the general laws of this state.”

Source: Arkansas Code Annotated 14-14-1104(b)(4)

— Washington County leaders and staff members could find themselves duplicating efforts and taxpayer-funded man-hours for two Finance Committees that would review the same business.

Members of the Washington County Quorum Court and County Judge Marilyn Edwards will have to compromise about the membership size of the Finance Committee to keep that duplicated effort from happening, county and state officials said this week.

The Quorum Court approved a proposal Jan. 3 creating five committees and their size and directed Edwards to choose the members. The proposal included the creation of a Finance Committee of the Whole, meaning all 15 justices of the peace would be members.

Edwards that night announced her membership choices to the remaining four committees.

Six days later, Edwards sent a memo saying she changed the size of the Finance Committee to five members, reduced the size of two committees and reassigned membership to a few of her original choices. She was not available for comment Friday.

“If you make a committee with all 15 members, then you’ve destroyed the power to appoint,” said George Butler, county attorney.

Justice of the Peace Eva Madison said Edwards should have used her power to veto within seven days of a vote, if she did not agree with the Quorum Court.

“I’m pretty sure if the governor ignored an act of the General Assembly, people would be very bothered,” Madison said.

The Association of Arkansas Counties this week made a similar conclusion to the one Butler wrote last week regarding the power of the county judge.

The county judge has “the legal span of influence to ignore an ordinance,” if it’s determined to be in contradiction to state law, said Scott Perkins, the association’s communications director.

A committee of the whole that meets regularly undermines the constitutional prerogative of the county judge to preside over the Quorum Court, Butler said Friday.

Perkins said the association was not in a position to say if a standing committee of the whole was against state law because the law was too vague and needs to be clarified.

“It deserves and demands research and information gathering to prepare and inform our legislative committee to possibly address this situation,” Perkins said. “Past attorney general opinions have stated that legislative or judicial clarity is warranted on this issue.”

State Senator Uvalde Lindsey, D-Fayetteville, said he is seeking an up-to-date opinion from Attorney General Dustin McDaniel at the request of Washington County. Lindsey said he was well aware historically the county judge has created committees, their size and members.

“It seems there is a change in precedent but maybe that’s not all together bad,” Lindsey said. “However, the county judge and Quorum Court have to work closer together to make the county government work right.”

Lindsey said he has spoken with attorneys at the association who say something needs to be done. About a dozen other counties in the state have similar issues concerning committees of the whole, he said.

The legislature has no clear path about the proper way to make a change and it would need to move cautiously to make sure it’s doing the right thing, he said.

“As to what needs to be done on a statewide venue, right now I haven’t seen anything that leads me to believe that we’re going to file at this session,” he said.

In the meantime, Butler continues to recommend a Finance Committee of the Whole and Edward’s Finance Committee meet jointly or back-to-back, if no compromise is reached. He said both committees may be considered “de facto,” meaning they must be accepted for all practical purposes, but could be seen as illegal or illegitimate.