§ 14-14-904 — Procedures generally

(a) Time and Place of Quorum Court Assembly. (1) (A) (i) The justices of the peace elected in each county shall assemble and organize as a county quorum court body on the first regular meeting date after the beginning of the justices' term in office, or the county judge may schedule the biennial meeting date of the quorum court on a date in January other than the first regular meeting date of the quorum court after the beginning of the justices' term. (ii) At the first regular meeting, the quorum court shall establish the date, time, and location of meetings of the quorum court. (iii) The organizational ordinance adopted at the first regular meeting of the quorum court shall be effective upon adoption. (B) Thereafter, the justices shall assemble each calendar month at a regular time and place as established by ordinance and in their respective counties to perform the duties of a quorum court, except that more frequent meetings may be required by ordinance. (2) By declaration of emergency or determination that an emergency exists and the safety of the general public is at risk, the county judge may change the date, place, or time of the regular meeting of the quorum court upon twenty-four-hour notice. (b) Levy of Taxes and Making of Appropriations. (1) (A) (i) The quorum court at its regular meeting in November or December of each year shall levy the county taxes, municipal taxes, and school taxes for the current year. (ii) (a) Before the end of each fiscal year, the quorum court shall make appropriations for the expenses of county government for the following year. (b) Upon the final passage of the annual appropriations ordinance under subdivision (b)(1)(A)(ii) (a) of this section, the county clerk shall publish the ordinance and annual budget on a website owned or maintained by the county, the state, or the Association of Arkansas Counties. (B) The Director of the Assessment Coordination Division may authorize an extension of up to sixty (60) days of the date for levy of taxes upon application by the county judge and county clerk of any county for good cause shown resulting from reappraisal or rollback of taxes. (2) Nothing in this subsection shall prohibit the quorum court from making appropriation amendments at any time during the current fiscal year. (3) If the levy of taxes is repealed by referendum, the county may adopt a new ordinance levying taxes within thirty (30) days after the referendum vote is certified. (4) If a county court determines that the levy of taxes by the quorum court is incorrect due to clerical errors, scrivener's errors, or failure of a taxing entity to report the correct millage rate to the quorum court, the county court shall issue an order directing the county clerk to correct the error in order to correct the millage levy. (5) If a determination is made under this subchapter or § 26-80-101 et seq. that the taxes levied by the quorum court are out of compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendment 11, Arkansas Constitution, Amendment 40, and Arkansas Constitution, Amendment 74, then upon notice from the Director of the Division of Elementary and Secondary Education, the county court shall immediately issue an order directing the county clerk to change the millage levy to bring the taxes levied into compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendment 11, Arkansas Constitution, Amendment 40, and Arkansas Constitution, Amendment 74. (c) Special Meetings of Quorum Court. (1) The county judge or a majority of the elected justices may call a special meeting of the quorum court upon at least twenty-four (24) hours' notice in such manner as may be prescribed by local ordinance. (2) In the absence of procedural rules, the county judge or a majority of the elected justices may call a special meeting of the quorum court upon written notification of all members not less than two (2) calendar days prior to the calendar day fixed for the time of the meeting. The notice of special meeting shall specify the subjects, date, time, and designated location of the special meeting. (3) (A) Notice of assembly of a county grievance committee or assembly of less than a quorum of the body, referred to under this section as a "regular committee" or "special committee", may be provided upon oral notice to the members of at least forty-eight (48) hours unless an emergency exists. (B) If an emergency exists, written notice of at least twenty-four (24) hours stating the basis of the emergency shall be provided. (d) Presiding Officer. (1) (A) The county judge shall preside over the quorum court without a vote but with the power of veto. (B) In the absence of the county judge, a quorum of the justices by majority vote shall elect one (1) of their number to preside but without the power to veto. (2) (A) The presiding officer shall appoint all regular and special committees of a quorum court, subject to any procedural rules that may be adopted by ordinance. (B) A regular committee or special committee of the quorum court shall not consist of more than a quorum of the whole body without the consent of the county judge. (e) Procedural Rules and Attendance at Meetings. (1) Except as otherwise provided by law, the quorum court of each county shall determine at the first regular meeting its rules of procedure, whether by Robert's Rules of Order or otherwise, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. (2) The determination of rules of procedure under subdivision (e)(1) of this section shall be made at the first regular meeting of the quorum court in its organizational ordinance. (f) Quorum. A majority of the whole number of justices composing a quorum court shall constitute a quorum and is necessary to conduct any legislative affairs of the county. (g) Legislative Affairs. All legislative affairs of a quorum court shall be conducted through the passage of ordinances, resolutions, or motions. (h) Majority Vote Required. All legislative actions of a quorum court, excluding the adoption of a motion, shall require a majority vote of the whole number of justices composing a quorum court unless otherwise provided by the Arkansas Constitution or by law. A motion shall require a majority vote of the whole number of justices composing a quorum for passage. (i) County Ordinance. A county ordinance is defined as an enactment of compulsory law for a quorum court that defines and establishes the permanent or temporary organization and system of principles of a county government for the control and conduct of county affairs. (j) County Resolution. A county resolution is defined as the adoption of a formal statement of policy by a quorum court, the subject matter of which would not properly constitute an ordinance. A resolution may be used whenever the quorum court wishes merely to express an opinion as to some matter of county affairs, and a resolution shall not serve to compel any executive action. (k) Motion. A motion is defined as a proposal to take certain action or an expression of views held by the quorum court body. As such, a motion is merely a parliamentary procedure that precedes the adoption of resolutions or ordinances. Motions shall not serve to compel any executive action unless such action is provided for by a previously adopted ordinance or state law. (l) Ordinances. Ordinances may be amended and repealed only by ordinances. (m) Resolutions. Resolutions may be amended and repealed only by resolutions. (n) Initiative and Referendum. All ordinances shall be subject to initiative and referendum as provided for through Arkansas Constitution, Amendment 7.

Legislative History

Amended by Act 2019, No. 564,§ 1, eff. 1/1/2020. Amended by Act 2019, No. 910,§ 2237, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2236, eff. 7/1/2019. Amended by Act 2016EX3, No. 15,§ 7, eff. 5/23/2016. Amended by Act 2016EX3, No. 14,§ 7, eff. 5/23/2016. Amended by Act 2015, No. 1174,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1174,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 985,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 985,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 127,§ 2, eff. 8/16/2013. Acts 1977, No. 742, § 85; 1979, No. 413, § 21; A.S.A. 1947, § 17-4002; Acts 1991, No. 406, § 1; 1997, No. 1300, § 24; 2001, No. 901, § 1; 2003 (2nd Ex. Sess.), No. 105, § 5; 2005, No. 252, § 1; 2011, No. 837, § 3.