§ 14-14-1102 — Exercise of powers by county judge

(a) Performance. The General Assembly determines that the executive powers of the county judge as enumerated in Arkansas Constitution, Amendment 55, § 3, are to be performed by him or her in an executive capacity and not by order of the county court. (b) Procedures. In the exercise of the executive powers of the county judge as enumerated, the county judge shall adhere to the following procedures: (1) Operation of System of County Roads, Bridges, and Ferries. (A) (i) The county judge shall be responsible for the administrative actions affecting the conduct of a plan of public roadways and bridges throughout the unincorporated areas of the county, including the maintenance and construction of public roadways and bridges and roadway drainage designated as eligible for expenditure of county funds. This jurisdiction shall be exercised pursuant to law, and nothing in this section shall be construed as limiting a county in performing public roadway and bridge maintenance and construction services within the incorporated municipal boundaries where permitted and in the manner prescribed by law. (ii) For the purposes of this section, the term "bridges" shall include all structures erected over a river, creek, ditch, or obstruction in a public roadway. The county judge shall administer the operation of county-owned ferries. (B) (i) The county court shall continue to exercise the powers granted by law for the granting of a right to maintain a ferry by a private individual at a particular place and at which a toll for the transportation of persons or property is levied to conduct an uninterrupted roadway over interrupted waters. (ii) The quorum court may establish by ordinance appropriate procedures and schedules of tolls that may be charged by private individuals who are granted authority to operate a private ferry on connecting public roadways; (2) Authorization and Approval of the Disbursement of Appropriated County Funds. (A) (i) All vouchers for the payment of county funds out of the county treasury shall be approved and filed by the county judge or his or her designated representative, who shall be appointed by executive order of the judge and who shall be bonded in an amount equal to the county judge's bond in the manner provided by law. (ii) Approval for payment shall be signified by the signature of the county judge or his or her designated representative. (iii) A copy of the executive order evidencing the designated representative's appointment shall be filed in the office of county clerk with the original of the surety bond on the designated representative. (B) Before approving any voucher for the payment of county funds, the county judge, or his or her designated representative, shall determine that: (i) There is a sufficient appropriation available for the purpose and there is a sufficient unencumbered balance of funds on hand in the appropriate county fund to pay therefor; (ii) The expenditure is in compliance with the purposes for which the funds are appropriated; (iii) All state purchasing laws and other state laws or ordinances of the quorum court are complied with in the expenditure of the moneys; (iv) The goods or services for which expenditure is to be made have been rendered and the payment thereof has been incurred in a lawful manner and is owed by the county. However, a county judge may approve, in advance, claims payable to the University of Arkansas Cooperative Extension Service for educational services to be rendered during all or part of the current fiscal year. (C) (i) No money shall be paid out of the treasury until it shall have been appropriated by law and then only in accordance with the appropriation, and all contracts for erecting and repairing the public buildings in any county or for materials therefor, or for providing for the care and feeding of paupers where there are no public or private facilities or services available for such a purpose, shall be given to the lowest possible bidder under such regulations as may be prescribed by law. (ii) The county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefor in the manner provided by law. (iii) (a) The county judge of each county may promulgate appropriate administrative rules and regulations, after notice and hearing thereon, for the conduct of county financial affairs. (b) The administrative rules and regulations shall be consistent with the provisions of laws relating to financial management of county government and the appropriate ordinances enacted by the quorum court. (c) All such administrative rules and regulations adopted after hearings by the county judge shall be certified by the county judge and filed in the office of the county clerk to be open to public inspection at all normal hours of business. (3) (A) Custody of County Property. The county judge, as the chief executive officer of the county, shall have custody of county property and is responsible for the administration, care, and keeping of such county property, including the right to dispose of county property in the manner and procedure provided by law for the disposal of county property by the county court. The county judge shall have the right to lease, assign, or not assign use of the property whether or not the county property was purchased with county funds or was acquired through donations, gifts, grants, confiscation, or condemnation. (B) In addition to other terms the county court finds reasonable and proper, the contract for the lease of county property shall provide that when the leased property ceases to be used for the purpose expressed in the lease or needs to be used by the county, the lease may be cancelled by the county court after reasonable notice. (4) Administration of Ordinances Enacted by the Quorum Court. 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. (5) (A) Hiring of County Employees, Except Those Persons Employed by Other Elected Officials of the County. The county judge, as the chief executive officer of the county, is responsible for the employment of the necessary personnel or for the purchase of labor or services performed by individuals or firms employed by the county or an agency thereof for salaries, wages, insurance, or other forms of compensation. (B) (i) "County or subdivisions thereof", for the purposes of this section, means all departments except departments administratively assigned to other elected officials of the county, boards, and subordinate service districts created by county ordinance. (ii) (a) Jurisdiction for the hiring of employees of counties, administrative boards, or subordinate service districts may be delegated by ordinance to the board or service district, but where any county ordinance delegating authority to hire county employees interferes with the jurisdiction of the county judge, as provided in this section, it shall be implied that the delegation shall be performed only with the approval of the county judge. (b) The jurisdiction to purchase the labor of an individual for salary or wages employed by other elected officials of the county shall be vested in each respective elected official. (6) Presiding Over the Quorum Court Without a Vote, but with the Power of Veto. (A) In presiding over the quorum court, the county judge shall perform such duties in connection therewith as may be provided by state law and in accordance with rules and procedures promulgated by the court for the conduct of its business. (B) Nothing in this subdivision shall limit the veto power of the county judge as provided in Arkansas Constitution, Amendment 55. (7) Accepting Gifts, Grants, and Donations from Federal, Public, or Private Sources. (A) The county judge, as the chief executive officer, is authorized to accept, in behalf of the county, gifts, grants, and donations of real or personal property for use of the county. He or she may apply for, enter into necessary contracts, receive, and administer for and in behalf of the county, subject to such appropriation controls that the quorum court may elect to adopt by ordinance, funds from the federal government, from other public agencies, or from private sources. (B) All such contracts or agreements shall be filed as public record with the county clerk.

Legislative History

Acts 1977, No. 742, § 78; 1979, No. 98, § 1; 1979, No. 413, §§ 16, 17; 1981, No. 994, § 1; 1983, No. 183, § 1; 1983, No. 232, § 1; A.S.A. 1947, § 17-3901; Acts 1997, No. 387, § 1; 2009, No. 410, §§ 1, 2; 2011, No. 837, § 4.