MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration Chapter 2: ADMINISTRATION Article
I. QUORUM COURT
II. COUNTY OFFICERS AND PERSONNEL
III. COUNTY ORGANIZATIONS
IV. COUNTY POLICIES
V. EMERGENCIES: PLAN, SYSTEMS, FEES
VI. COUNTY FUNDS AND FEES
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration Article I. QUORUM COURT
A.C.A. § 14-14-702. Authority to establish – restrictions.
The county quorum court of each county may prescribe, by ordinance, the department, board structure, and organization of their respective county governments and may prescribe the functions of all offices, departments, and boards, However, no ordinance shall be enacted by a quorum court which:
(1) Divests the county court of any of its original jurisdictions granted by the Arkansas Constitution. However, where any county ordinance establishing a department or board and the assignment of functions thereof interferes with the jurisdictions of the county court, it shall be implied that the functions and acts may be performed on order of the county court or proper order of superior courts on appeal;
(2) Alters the organization of elected county officials established by the Arkansas Constitution, except through the provisions of Arkansas Constitution Amendment 55, § 2, Part (b). However, any function or duty assigned by statute may be reassigned by ordinance; or
(3) Limits any provision of state law directing or requiring a county government or any officer or employee of a county government to carry out any function or provide any service. However, nothing in this section shall be construed to prevent the reassignment of functions or services assigned by statute where Arkansas reassignment does not alter the obligation of the county to continue providing such function or service.
A.C.A. § 14-14-904(a)-(c). 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.
(ii) Alternatively, 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.
(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
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration 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.
. . .
(c) SPECIAL MEETINGS OF THE 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.
. . .
A.C.A. § 14-14-801(a). Powers Generally.
(a) As provided by Arkansas Constitution, Amendment 55, § 1, Part (a), a county government, acting through its county quorum court, may exercise local legislative authority not expressly prohibited by the Arkansas Constitution or by law for the affairs of the county.
. . .
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration
Section
200.00 Juror pay.
200.01 Date and time for regular meeting.
200.02 Formulation of the agenda.
200.03 Manner of calling special meetings.
200.04 Rules of procedure
§ 200.00 JUROR PAY.
1) LEGISLATIVE INTENT. Pursuant to the requirements of Act 1033 of 2007, codified as A.C.A. § 16-34-101, et seq., and in order to qualify for reimbursement from the State of Arkansas for a portion of said jury costs, the Miller County Quorum Court hereby establishes the following minimum requirements necessary for compensation as jurors and corresponding rates of compensation for service as jurors or prospective jurors in Miller County, Arkansas:
a) The person must have received official notice that he or she has been selected as a prospective juror and summoned to appear;
b) The person must actually appear at the location which they were summoned; and
c) Their attendance must be noted in writing by the Circuit Clerk.
2) RATES OF COMPENSATION. The following rates of compensation are established for jury service in Miller County, Arkansas:
a) Persons who are selected and seated as a member of the jury, including alternates, shall be compensated at the rate of fifty dollars ($50.00) per day;
b) Person who are summoned and appear but who are not selected and seated as a member of the jury shall be compensated at the rate of fifteen dollars ($15.00) per day; and
c) Persons summoned for jury service but who fail, for any reason, to attend court shall not be entitled to receive compensation. (Ord. 2007-019, passed 12-17-07)
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration
§ 200.01 DATE AND TIME FOR REGULAR MEETING.
1) The regular monthly meeting of the Miller County Quorum Court shall be held at 7 p.m. on the third Tuesday of each month in the Circuit Courtroom of the Miller County Courthouse
2) Regular meetings of the Quorum Court may be changed or re-scheduled by a vote of the majority of the members of the Court.
3) EMERGENCY CLAUSE. This Ordinance, being necessary for the health, protection, and preservation of the citizens of Miller County, shall be in full force and effect from and after passage and approval. (Ord. 1977-100, passed 1-3-77; Am. Ord. 1982-005, passed 9-9-82; Am. Ord. 1997-001, passed 1-6-97; Am. Ord. 2001-027, passed 12-27-01)
§ 200.02 FORMULATION OF THE AGENDA.
1) The preparation of the agenda for each regular, special, or executive meeting of the Quorum Court shall be the duty of the County Clerk under the supervision of the County Judge.
2) Items for the agenda are to be provided to the County Clerk’s office as soon as possible prior to the meeting in which they are to be considered. The County Judge shall have an agenda staff meeting at a time convenient to the County Judge and County Clerk, but normally on Wednesday at 9:00 a.m. prior to the board meeting. All items of business that are to be considered at the next scheduled board meeting shall be available for discussion by the County Judge and any others, as directed, at that time. With the concurrence of the County Judge and the County Clerk, items may be added to the regular agenda not later than 12:00 noon on the Wednesday preceding the scheduled board meeting.
Any Justice of the Peace may place any item on the agenda if it is presented to the County Judge and County Clerk in time for the necessary Ordinance or resolution to be provided by the agenda deadline. Items of a controversial nature, which are recommended by a Court member, shall be listed on the agenda and shall be identified on the agenda as recommended by the Court member or members.
3) The agenda shall be completed by the County Clerk and distributed to the Court members and news media prior to the close of business on Thursday preceding the regular Quorum Court meeting.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration 4) Additions may be made to the agenda at the regular Quorum Court meeting, but only after a motion by a Court member to amend the agenda, to add the item in question, and the concurrence of a majority of the Court members. Items to be added to the agenda at a meeting shall be made available to the Quorum Court members as soon as possible, preferably prior to the meeting. Items to be considered by the Court should be in normal form and should have the supporting documentation necessary to understand fully the issue under consideration.
5) The agenda for special or called meetings shall be available to the Quorum Court members and news media as far ahead of the meeting as is practical. By law, a minimum of two (2) hours’ notice must be given of a special or called meeting and the agenda shall be set at least that far ahead of time. Every effort should be made to provide at least two (2) days’ advanced notice of a special or called meeting or the maximum time, as is practical.
6) Items placed in the “Consent Agenda” section are a matter of routine business which are expected to involve little or no discussion by the Quorum Court or the public. The Consent Agenda is usually voted on in mass. However, if any Justice so decides, individual items may be discussed and/or voted on as a separate matter of business.
7) The Quorum Court allows a time on the agenda for citizens to communicate their concerns on non-agenda items to the Court. The County Judge chairs the meeting and will recognize members of the audience who wish to be heard. Persons recognized by the Judge are requested to approach the lectern, provide their name and address for the record, and comment about any item they wish to speak about. Each presentation shall be limited to five (5) minutes.
8) Items not on the regularly scheduled agenda are usually scheduled for a future agenda to give Quorum Court members an opportunity to review the matter. (Ord. 1986-015, passed 5-8-86; Am. Ord. 1996-011, passed 6-17-96)
§ 200.03 MANNER OF CALLING SPECIAL MEETINGS.
1) The County Judge or a majority of the elected Justices of the Peace may call special meetings upon at least twenty-four (24) hours’ notice.
2) Such notice shall include time, date, and place of the special meeting. The notice shall also include the general purpose of the meeting; however, this does not preclude the Quorum Court from acting on or considering other matters which may appropriately come before the body at such special meeting.
3) Notice of a special meeting given at any regular or special meeting of the Quorum Court shall constitute due notice to the members present. The County Clerk shall be responsible
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration for giving timely notice to absent members, as well as giving public notice, containing the information specified in Section 1.
4) Notice of a special meeting of the Quorum Court called by the County Judge at other than a meeting of the Quorum Court shall be accomplished by the County Judge notifying the County Clerk, in writing if time permits, who shall be responsible for notifying each Justice of the Peace individually, in writing if time permits, and giving due public notice.
5) Notice of a special meeting of the Quorum Court called by a majority of the Justices of the Peace shall be accomplished by one (1) member of the majority notifying the County Clerk, in writing if time permits. In addition to the information specified in Section 1, the notice shall also include the name of each Justice of the Peace making up the majority calling the meeting. The County Clerk shall be responsible for notifying the County Judge and each Justice of the Peace individually, not included in the majority calling the special meeting, in writing if time permits, and giving due public notice.
6) In order to protect the rights and interests of all County officials concerned and the general public, it is the intent of this body that notice of a call for a special meeting shall be given as far in advance as possible, consistent with the nature and immediacy of the purpose of the special meeting. The minimum twenty-four (24) hours’ notice should, therefore, be resorted to only under extreme and unusual circumstances.
7) SEVERABILITY CLAUSE. If any provision of this Ordinance is held invalid, such invalidity shall not affect other provisions of the Ordinance which can be given effect without the invalid provision, and to this end the provisions of the Ordinance are declared to be severable.
8) EMERGENCY CLAUSE AND EFFECTIVE DATE. An emergency is hereby declared to exist and this Ordinance being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval. (Ord. 1977-101, passed 1-3-77)
§ 200.04 RULES OF PROCEDURE.
1) RULES OF PROCEDURE. In the absence of specific rules of procedure, as set in this Procedural Ordinance, the rules of procedure of transacting business at all regular and special sessions of the Quorum Court and all committee meetings shall be Robert’s Rules of Order, Newly Revised, except where they are in conflict with the general laws of the State of Arkansas. The Quorum Court may, at any regular meeting, revise or modify these rules or adopt new rules by a majority vote of the full membership. State law references: Authority of Quorum Court to determine its own rules, A.C.A. § 14-14- 904(e).
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration
a. MODIFICATIONS.
i. Upon a call for vote for passage of any ordinance or resolution, the County Clerk shall call roll in numerical order beginning with District One and record each vote. Each subsequent vote shall be called starting with the next district in numerical order.
ii. A unanimous do pass recommendation from any committee shall serve as a second upon a motion for passage.
2) SECRETARIAT DESIGNATED. The County Clerk shall serve as secretariat to the Quorum Court and shall perform all administrative and recordkeeping duties of secretariat of the Quorum Court. If the County Clerk is unable to attend a regular, special, or committee meeting of the Quorum Court, he/she shall select a Deputy County Clerk to attend such meeting and shall perform the duties of the County Clerk at such meeting. Compensation will be a minimum of 2 hours. State law reference: Secretariat, A.C.A § 14-14-902(a).
3) COUNSEL DESIGNATED. The Prosecuting Attorney shall serve as legal counsel to the Quorum Court and shall perform all duties as may be required by the Quorum Court. If the Prosecuting Attorney is unable to attend a meeting of the Quorum Court, he/she shall select a Deputy Prosecuting Attorney to attend such meeting and shall perform the duties of legal counsel at such meeting. State law references: Counsel, A.C.A. § 14-14-902(b).
4) ATTENDANCE OF COUNTY TREASURER. In addition to all other duties required by law, the County Treasurer shall attend, as requested, regular meetings of the Quorum Court, for the purpose of responding to any question which may arise concerning the financial statement required to be submitted monthly to the Quorum Court by the County Treasurer.
In addition to all other duties required by law, the County Treasurer shall attend any special or committee meeting of the Quorum Court where such attendance is deemed necessary by members of the Quorum Court or the County Judge. Timely notice of such need for attendance shall be furnished the County Treasurer giving the purpose of which attendance is required.
5) REGULAR MEETINGS. The regular monthly meeting of the Quorum Court shall be held at 7:00 p.m. on the third Monday of each month at the Miller County Courthouse. When a regular meeting of the Quorum Court falls on a recognized county holiday, the meeting shall be held at the same time and place on the next day for which county government
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration offices are open for business. State law references: Authority to establish regular meeting times and places, A.C.A. § 14-14-904(a).
6) SPECIAL MEETINGS.
a. The County Judge or a majority of the elected Justices of the Peace may call special meetings upon at least 24 hours’ notice. The notice of special meeting shall specify the subjects, date, time, and designated location of the special meeting. Only such business as was included in the notice may be considered.
b. Notice of a special meeting given at any regular or special meeting of the Quorum Court shall constitute due notice to the members present. The County Clerk shall be responsible for giving timely notice to absent members, as well as giving public notice, containing the information specified in subsection (a) of this section.
c. Notice of a special meeting of the Quorum Court called by the County Judge at other than a meeting of the Quorum Court shall be accomplished by the County Judge notifying the County Clerk, in writing, if time permits, who shall be responsible for notifying each Justice of the Peace individually, in writing if time permits, and giving due public notice, containing information specified in subsection (a) of this section.
d. Notice of a special meeting of the Quorum Court, called be a majority of the Justices of the Peace, shall be accomplished by one member of the majority notifying the County Clerk, in writing if time permits, who shall be responsible for notifying each Justice of the Peace individually, in writing if time permits, and giving due public notice, containing information specified in subsection (a) of this section.
e. In order to protect the rights and interests of all county officials concerned and the general public, it is the intent of the Quorum Court that notice of a call for a special meeting shall be given as far in advance as possible, consistent with the nature and immediacy of the purpose of the special meeting. The minimum 24- hour notice should therefore be resorted to only under extreme and unusual circumstances. State law references: Authority to establish procedure for calling of special meetings, A.C.A § 14-14-904(c).
7) PUBLIC NOTIFICATION OF MEETINGS. In addition to all other duties required by law, the County Clerk shall be responsible for giving the public notification required by the
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration Arkansas Freedom of Information Act (A.C.A § 25-19-101 et seq.) of regular, special and committee meetings of the Quorum Court. The County Judge or his/her staff shall give the County Clerk notice of meetings in sufficient time for compliance with public notification of such meetings as required by state law. State law references: Freedom of Information Act, A.C.A § 25-19-101 et seq.
8) COMMITTEES.
a. DEFINITIONS.
i. Where the term “standing committee” is used in this section, it shall mean a committee of the quorum court, constituted to perform in a continuing function, intended to remain in existence.
ii. Wherever the term “special committee” is used in this section, it shall mean a committee of the quorum court constituted to complete a specified assignment to be dismissed upon completion of this task.
iii. Wherever the term “committee” or “committees” is used, it shall mean both standing and special committees of the quorum court.
b. APPOINTMENTS. In accordance with A.C.A § 14-14-904 or other state law, the County Judge shall appoint all standing and special committees of the Quorum Court. The County Judge may consider seniority as a means of selecting committee members.
c. TERM. The length of memberships for each committee member shall coincide with the Justice’s term of office.
d. CHAIRPERSON. Committee chairpersons shall be elected by each individual committee. The term of office of chairperson shall be one year, but a chairperson may be selected to serve successive terms. Each committee shall also elect a vice chairperson to preside in the absence of the chairperson. Vice Chairpersons shall be selected and serve in the same manner as the chairperson.
e. CALLING OF MEETINGS. Committees shall meet at the call of the chairperson, or any two committee members.
f. SCHEDULING OF MEETINGS. Committees shall make every effort to coordinate scheduling of meetings in order to allow attendance by any interested individual
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration at any committee meeting. Committee meetings shall be coordinated through the administrative staff of the County Judge’s office. The County Judge shall notify the County Clerk of all committee meetings.
g. NATURE OF MEETINGS; NOTICE. All committee meetings shall be open and public. Representative of the media shall be given at least two hours’ notice of all committee meetings.
h. REPORTS. Each committee shall report its progress, findings, and recommendations to the quorum court during regular or special meetings.
i. OVERLAPPING ISSUES. If an issue, problem, or program is referred to a committee, which is deemed to be overlapping with another committee’s responsibility, both committees shall be entitled to report findings and recommendations.
j. MINUTES. Each committee shall require written minutes of the actions taken in such meetings. Copies of committee meeting minutes shall be sent to the County Clerk be included in Quorum Court meeting packets. A.C.A. § 14-14-109.
k. APPOINTMENT OF ADDITIONAL COMMITTEES. The County Judge, in accordance with A.C.A § 14-14-703 or other state law, may appoint other standing and special committees, which shall function in accordance with the procedures as set forth in this section.
9) AGENDA.
a. It shall be the responsibility of the secretariat of the Quorum Court to prepare and distribute the agenda of the Quorum Court to its members and other interested citizens. The name of the sponsor of each agenda item will be attached to the ordinance or resolution before it is placed on the agenda.
b. The agenda will close at 12:00 p.m. on the Wednesday preceding the next Monday’s meeting and will be available at 4:00 p.m. the following day (Thursday), unless otherwise specified by the County Judge.
c. Notwithstanding the foregoing sections of this Ordinance, the Quorum Court may, by a majority vote of the members present, elect to place any matter before the Quorum Court for consideration at that meeting.
d. No matter may be placed on the agenda for presentation to the Quorum Court by anyone other than a Quorum Court member
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration e. The agenda shall be prepared by the office of the County Clerk according to the following format:
(a) Call to Order
(b) Prayer and Pledge
(c) Approval of Consent Agenda
(d) Approval of Agenda
(e) Report of Constitutional Officers
(f) Committee Reports
(g) Old Business
(h) New Business
(i) Comments from the Public
(j) Announcements
(k) Adjournment
10) PUBLIC PARTICIPATION.
a. The Quorum Court will not only comply with the letter of state law but with the spirit of state law, the Constitution of the United States of America and the principles on which this great nation was founded.
b. The Quorum Court recognizes that the laws regarding public participation are the same for special and committee meetings as they are for regular meetings.
c. The Quorum Court will never intentionally call a regular, special or committee meeting with the intention or result of denying or unfairly limiting public participation, but rather always will encourage the citizens of this county to take an active part in their government.
d. At the end of each Quorum Court meeting there shall be a period of up to fifteen (15) minutes during which citizens may comment on any issue that is relevant to the business of the Quorum Court or the County. No individual may speak longer than three (3) minutes.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration e. Additional time may be added to any of the public comment periods by a majority vote of the Quorum Court or committee holding the meeting.
f. In instances where there is extensive public interest and the need to allow for substantial public comment, the Quorum Court may call for a public hearing before the appropriate committee of the Quorum Court. State law references: Participation by citizens in meetings, A.C.A. § 14-14-109.
11) COMPENSATION. Justices of the Peace serving as Quorum Court members shall receive per diem compensation in the sum of four hundred fifteen dollars ($415.00) for attending the regular meeting of the Quorum Court. There will be no compensation for attendance or expense for any special or committee meeting of the Quorum Court.
12) SEVERABILITY CLAUSE. In the event that any portion of this ordinance is declared inoperative or invalid as a result of a statute or judicial decision, then only that portion expressly so declared to be inoperative or invalid shall be affected thereby and all other provisions hereof shall remain in full force and effect.
13) EMERGENCY CLAUSE. An emergency is hereby declared to exist for the continuance of the operation of county governance and this ordinance necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect form and after its passage. (Ord. 2015-001, passed 01-20-15; Am. Ord. 2017-002, passed 1-17-2017)
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration Article II. COUNTY OFFICERS AND PERSONNEL
A.C.A. § 14-14-603. Offices included.
(a) Within the purposes of this chapter, the term “elective county office” shall mean any office created under the provisions of Arkansas Constitution, Article 7 §§ 19 and 46, as amended by Amendment 24, § 3.
(b) The elective county offices established by these constitutional provisions are:
(1) One (1) sheriff who shall be ex officio collector of taxes, unless otherwise provided by law;
(2) One (1) collector of taxes, where established by law;
(3) One (1) assessor;
(4) One (1) coroner;
(5) One (1) treasurer, who shall be ex officio treasurer of the common school fund;
(6) One (1) surveyor;
(7) One (1) clerk of the circuit court, who shall be ex officio clerk of the county and probate courts and recorder, unless otherwise provided by law; and
(8) One (1) county clerk, where established by law.
A.C.A. § 14-14-604. Elective county officers; exclusions.
Offices expressly excluded from the provisions of this subchapter are:
(1) The judge of the county court created pursuant to Arkansas Constitution, Article 7, § 28, such office being an “elective county office” but not deemed separable from the county court which serves as a principal element of county government and constitutional organization;
(2) Justices of the peace who are deemed district offices; and
(3) Constables who are deemed township offices and who are not within the provisions of Arkansas Constitution, Amendment 55 § 2, Part (b). 2-14
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A.C.A. § 14-14-902. Quorum Court administration.
(a) SECRETARIAT. (1) The secretariat of the county quorum court shall be the clerk of the county court of each county unless otherwise provided by county ordinance.
(2) ALTERNATIVE DESIGNATION. A quorum court, by ordinance, may provide for the establishment of minimum qualifications and an appropriation for the employment of a secretariat of the court. The employee so designated shall be a staff member of the county clerk or the county judge as may be specified by the ordinance. Where the separate position of secretariat is created by ordinance, all legislative duties prescribed in this chapter for a county clerk shall thereafter become the duties of the secretariat.
(3) DUTIES OF THE COUNTY CLERK. Unless otherwise provided for by county ordinance, the clerk or the deputy clerk shall:
(A) Attend all regular and special meetings of the court;
(B) Perform all administrative and recordkeeping duties prescribed in this chapter; and
(C) Perform all other duties as may be required by the quorum court through county ordinance.
(b) COUNSEL. (1) LEGAL COUNSEL. The prosecuting attorney or his deputy serving each county shall serve as legal counsel of the quorum court unless otherwise provided by county ordinance.
(2) ALTERNATIVE DESIGNATION OF LEGAL COUNSEL. A quorum court may, by ordinance, provide for the appropriation of county funds for the employment of legal counsel to serve the court.
(3) DUTIES OF LEGAL COUNSEL. The legal counsel of a quorum court shall:
(A) Attend all regular and special meetings of the court;
(B) Perform all duties prescribed in this chapter; and
(C) Perform all other duties as may be required by a quorum court.
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(c) OTHER ADMINISTRATIVE SERVICES. A quorum court may authorize and provide through ordinance, for the employment of any additional staff or the purchase of technical services in support of legislative affairs.
A.C.A. § 14-14-1202(a). Ethics for county government officers and employees.
(a) PUBLIC TRUST. (1) The holding of public office or employment is a public trust created by the confidence which the electorate reposes in the integrity of officers and employees of county government.
(2) An officer or employee shall carry out all duties assigned by law for the benefit of the people of the county.
(3) The officer or employee may not use his or her office, the influence created by his or her official position, or information gained by virtue of his or her position to advance his or her individual personal economic interest or that of an immediate member of his family or an associate, other than advancing strictly incidental benefits as may accrue to any of them from the enactment or administration of law affecting the public generally.
A.C.A. § 16-13-709(a)(1)(A)(i), (a)(1)(B)(i). Responsibility for collection.
(a)(1)(A)(i) The quorum court of each county of the state shall designate a county official, agency, or department, which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state.
. . .
(a)(1)(B)(i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor.
. . .
A.C.A. §§ 25-19-101-110. Freedom of Information Act.
Section
210.00 Designation of Collector.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration 210.01 Hours of operation for constitutional offices.
210.02 Direct deposit of county payroll.
210.03 Fine Collector.
§ 210.00 DESIGNATION OF COLLECTOR.
1) As required by Act 1262 of 1995, the Quorum Court of Miller County designates the Circuit Clerk as collector of Circuit and Chancery Court fines, exclusive of child support, in the state trial courts of Miller County.
2) EMERGENCY CLAUSE. This Ordinance, being necessary for the health, protection, and preservation of the citizens of Miller County, shall be in full force and effect from and after its passage and approval. (Ord. 1996-003, passed 2-19-96)
§ 210.01 HOURS OF OPERATION FOR CONSTITUTIONAL OFFICES.
1) Be it ordained by the Quorum Court of Miller County, Arkansas, that the hours of the Constitutional Offices in the Miller County Courthouse, excluding the Miller County Sheriff’s Department, will be Monday through Thursday 8:00 a.m. to 4:30 p.m.
2) EMERGENCY CLAUSE. This Ordinance being necessary for the protection and preservation of the public health and safety, an emergency is hereby declared to exist and this Ordinance shall be in effect from and after its passage and approval. (Ord. 1988-025, passed 7-5-88)
§ 210.02 DIRECT DEPOSIT OF COUNTY PAYROLL.
1) In accordance with the Act 329 of 1997 (A.C.A. § 14-24-121), which allows the County Clerk and/or the County Treasurer to establish an electronic warrants system to transfer directly into the payee’s accounts in their financial institution, payment of any claim against the County, the Quorum Court hereby establishes the following:
a) The electronic payment method to be established shall provide for appropriate internal accounting controls and documentation, as long as such method follows generally accepted accounting principles and leaves an adequate audit trail.
b) The electronic warrant transfer system established under paragraph (a) shall be submitted to and approved by the Legislative Joint Auditing Committee of the General Assembly.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration c) Any employee with a checking or savings account may be placed on direct deposit.
d) This system, upon approval by the Legislative Joint Auditing Committee of the General Assembly, will go into effect on or before January 1, 2014.
e) Any employee hired after implementation of this Ordinance will be placed on direct deposit. (Ord. 2013-010, passed 6-18-13; Legislative Joint Auditing Committee approved, Filed May 13, 2014)
§ 210.03 FINE COLLECTOR.
1) Arkansas Code Annotated 16-13-709 provides that the Quorum Court, Miller County’s governing body, must designate an official, agency, or department of the County to be primarily responsible for the collection of fines assessed by the Miller County District Court; and
2) These fines are currently collected by the Miller County Sheriff’s Office with procedures already in place which work well because the Sherriff’s Office and the District Court are housed at the same physical location; and
3) The Miller County Sheriff’s Office should be officially designated to have primary responsibility for collecting fines assessed by the Miller County District Court;
4) The Miller County Sheriff’s Office is hereby designated as the agency to be primarily responsible for the collection of fines assessed by the Miller County District Court.
(Ord. 2014-019, passed 10-20-14)
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration Article III. COUNTY ORGANIZATIONS
A.C.A. § 14-14-704. Establishment of county departments.
The county quorum court of each county, by ordinance, may establish any number of departments for the conduct of county affairs and may prescribe the functions and duties of each department. This authority of a quorum court to establish county departments shall be conclusive and shall supersede any department organizations established by any elected officer:
(1) DIRECTION OF DEPARTMENTS. All departments established by ordinance of the quorum court shall be under the direction and supervision of the county judge except departments assigned to other elected officers of the county. Departments established and assigned to an elected officer other than the county judge shall be under the direction and supervision of the respective county officer;
(2) JOINT DEPARTMENTS. Two (2) or more county governments may provide for the establishment of joint departments for the conduct of county affairs. Joint departments so created shall be established by interlocal agreements. The direction and supervision of joint departments shall be under the combined authorities of the county judge of each respective county in a manner to be prescribed by ordinance;
(3) EMPLOYMENT OF DEPARTMENT ADMINISTRATOR. An ordinance establishing a department of county government may provide for the employment of a department administrator; such ordinance may prescribe minimum qualifications for the person so employed as administrator. However, the county judge alone shall employ all county personnel, except employees of other elected county officers. Where a department is established by the quorum court and the responsibility for direction and supervision of the department is assigned to an elected county officer other than the county judge, the elected county officer so designated shall employ all personnel authorized to be employed by the ordinance;
(4) MANAGEMENT REPORTS. A quorum court may require, by ordinance, reports for any purpose from any elective county office, department, board, or subordinate service district, or any administrator or employee of them.
A.C.A. § 14-14-705(1)(A), (2)(A). County advisory or administrative boards.
A county quorum court, by ordinance, may establish county advisory or administrative boards for the conduct of county affairs.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration
(1) ADVISORY BOARDS. (A) An advisory board may be established to assist a county office, department, or subordinate service district. The advisory board may furnish advice, gather information, make recommendations, and perform other activities as may be prescribed by ordinance. A county advisory board shall not have the power to administer programs or set policy.
(2) ADMINISTRATIVE BOARDS. (A) Administrative boards may be established to exercise administrative powers granted by county ordinance, except that the board may not be authorized to pledge the credit of the county. The administrative board shall be a body politic and corporate, with power to contract and be contracted with and sue and be sued. As to actions of tort, the board shall be considered as an agency of the county government and occupy the same status as a county. No board member shall be liable in a court individually for an act performed by him as a board member unless the damages caused thereby were the results of the board member’s malicious acts.
A.C.A. §§ 14-169-201-240. Housing Authorities Act.
A.C.A. §§ 14-169-301-319. Regional Housing Authorities.
A.C.A. §§ 14-137-101-123. Public Facilities Boards Act.
Section
220.00 Genoa Public Facilities Board.
§ 220.00 GENOA PUBLIC FACILITIES BOARD.
1) In accordance with and pursuant to the authority conferred by the provisions of the Act, there is hereby created and established a Public Facilities Board (the “Board”) with authority as hereinafter provided to accomplish, finance, contract, and otherwise dispose of and deal with waterworks and sewer facilities. The term waterworks facilities and sewer facilities as used in this Ordinance shall have the meaning set forth in the Act.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration 2) The title of the Board shall be the “Genoa Public Facilities Board of Miller County, Arkansas.”
3) The initial members of the Board shall consist of five (5) persons, each of whom shall be a qualified elector residing in the County and shall be appointed by the County Judge, by order of the County Court, for terms of one (1), two (2), three (3), four (4), and five (5) years respectively, and each member so appointed by appropriate order of the County Court shall take and file with the County Clerk the oath of office prescribed by the Act.
4) The Board is authorized from time to time, to own, acquire, construct, reconstruct, extend, equip, improve, sell, lease, contract concerning, or otherwise dispose of waterworks facilities and sewer facilities.
5) The Board is authorized to issue revenue bonds from time to time and to use the proceeds thereof as required to provide waterworks or sewer facilities, including the creation of any desired reserve funds, and paying the cost of the issuance of such bonds. Any such revenue bonds shall be obligations only of the Board and shall not constitute an indebtedness for which the faith and credit of the County or any of its revenues are pledged, and the principal of and interest on the bonds shall be payable from and secured by a pledge of revenues derived from the waterworks or sewer facilities financed, in whole or in part, from bonds, bond proceeds, and any other sources as authorized by, and in accordance with, the provisions of the Act.
6) The Board shall have all the powers provided for in the Act, subject to the limitations of this Ordinance, and shall carry out its duties in accordance with the Act, including the filing of the annual report required by § 18 of the Act. The Board should take all appropriate action necessary to comply with the Constitution and laws of the United States of America and the State of Arkansas, including matters related to open public meetings as provided by A.C.A. §§ 25-19-101, et seq., as amended.
7) SEVERABILITY CLAUSE. The provisions of this Ordinance are severable. If any provision thereof shall be held to be invalid or inapplicable to any person or circumstance, such holding shall not affect the validity or applicability of the remainder of the provisions hereof.
8) REPEALER. All ordinances of the County or parts thereof in conflict herewith are hereby repealed to the extent of such conflict.
9) EMERGENCY CLAUSE AND EFFECTIVE DATE. An emergency is hereby declared to exist and this Ordinance, being necessary for the immediate preservation of the public peace, health, safety and welfare, shall be in full force and effect from and after its passage and approval. (Ord. 2000-003, passed 3-20-00)
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration Article IV. COUNTY POLICIES.
Section
General Policies
230.00 Reports required from government departments.
230.01 Prohibition against parking on county roads for loading or unloading.
230.02 Payment by debit or credit card in the Circuit Clerk’s Office.
Employee / Employment Policies
240.00 Travel compensation for constables.
240.01 Heath insurance coverage reimbursement.
Purchasing Policies
Reserved.
General Policies
§ 230.00 REPORTS REQUIRED FROM GOVERNMENT DEPARTMENTS.
1) The Quorum Court of Miller County, Arkansas, hereby requires that monthly activity reports be submitted for inclusion in the Court meeting information from all Miller County Departments, Divisions, and Constitutional Officials. (Ord. 1997-014, passed 5-19-97)
§ 230.01 PROHIBITION AGAINST PARKING ON COUNTY ROADS FOR LOADING OR UNLOADING.
1) No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon any road in Miller County or the right-of-ways for said roads for the purpose of loading or unloading said vehicle.
2) This section shall not apply to employees or vehicles of the Arkansas State Highway and Transportation Department; Miller County vehicles engaged in necessary construction, maintenance, and repair of the highways; or to authorized emergency vehicles on emergency trips, such as police vehicles on duty, fire vehicles on call, or ambulances and wreckers engaged in the removal of persons or vehicles from the traveled part of the highway.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration 3) The violation of this Ordinance shall be punishable by a fine not less than one hundred dollars ($100.00) and not to exceed five hundred dollars ($500.00).
4) EMERGENCY CLAUSE AND EFFECTIVE DATE. An emergency is hereby declared to exist and this Ordinance, being necessary for the immediate preservation of the public peace, health, safety, and welfare of the citizens of Miller County, shall be in full force and effect from and after its passage and approval. (Ord. 1981-005, passed 10-8-81)
§ 230.02 PAYMENT BY DEBIT OR CREDIT CARD IN THE CIRCUIT CLERK’S OFFICE.
1) The Office of the Circuit Clerk wishes to begin accepting credit and debit cards for the collection of civil, domestic, and criminal filing fees, for fees associated with the issuing of miscellaneous summons, for writs, for copies, and for other costs and fees deemed appropriate by the Office of the Circuit Clerk.
2) All equipment will be provided at no charge, and there are no fees charged to the Circuit Clerk’s Office for the use of the credit card program.
3) The Miller County Quorum Court hereby authorizes the Office of the Circuit Clerk to enter into an agreement to provide customers with the option to pay for services named using certain credit/debit cards. (Ord. 2013-007, passed 10-21-2013)
Employee / Employment Policies
§ 240.00 TRAVEL COMPENSATION FOR CONSTABLES.
1) Constables in Miller County, Arkansas, must have reimbursement for travel expenses to carry out the essential activities of that office which require travel throughout their jurisdiction in the interests of law enforcement, and it is hereby found that reimbursement of said Constables cannot be delayed so that law enforcement services will not be interrupted, and because travel expenses have dramatically increased in the past few months, an increase is necessary to maintain the efficient service in the respective Constable’s Districts. 2) EMERGENCY CLAUSE. An emergency is declared to exist and this Ordinance is necessary for the peace, health, and safety and shall be in full force and effect from and after its passage. (Ord. 1977-107, passed 8-11-77; Am. Ord. 1980-101, passed 8-14-80)
§ 240.01 HEALTH INSURANCE COVERAGE REIMBURSEMENT.
1) DEFINITIONS
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration a) Covered Elected Official – The term elected official as used in this ordinance shall be limited to the following:
i) Member of the Quorum Court, County Judge, Treasurer, Tax Assessor, Tax Collector, Circuit Clerk, County Clerk, Coroner, and Sheriff;
2) Whereas, elected officials, as defined above, are provided medical, dental, vision, drug and hearing aid insurance benefits by Miller County, Arkansas pursuant to A.C.A. § 14- 14-1205(a)(3).
3) Whereas, the medical benefit portion of the coverage provided in Section II of this ordinance ceases upon the elected official qualifying for Medicare or upon the 65th birthday of the covered elected official. That elected official, in order to retain dental, vision, drug and hearing aid benefits provided must apply for and qualify for Part A, B, and D of Medicare.
4) Whereas, the elected official is required to pay for the Part B and D of Medicare and said payments must be paid to Medicare quarterly or through deductions if that elected official is receiving social security or disability benefits.
5) Whereas, Miller County may provide medical insurance pursuant to A.C.A. § 14-14-1205 and may reimburse the elected official for the medical insurance actually expended for Medicare Part B & D.
Therefore, it is hereby enacted that each elected official shall be entitled to reimbursement for actual expenses for Medicare Part B and D in an amount not to exceed the basic coverage for Part B and D. Said elected official shall be entitled to reimbursement only when:
(3) The elected official has presented proof of actual payment made for said expenses.
6) Upon passage, the provisions of this ordinance shall be applied retrospectively and shall be afford full force and effect beginning December 1, 2014.
(Ord. 2014-026, passed 12-17-15)
Purchasing Policies
Reserved.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration Article V. EMERGENCIES: PLANS, SYSTEMS AND FEES
A.C.A. § 14-14-1107. Natural disasters.
In any county in which a natural disaster, including but not limited to a tornado or flood, results in the county being declared a disaster area by the Governor, an appropriate official of the United States Government, or the county judge of the county, is authorized to use county labor and equipment on private property to provide services which are required as a result of the natural disaster.
A.C.A. §§ 12-75-101-133. Arkansas Emergency Services Act of 1973.
Section
General
260.00 Election to fund 9-1-1 emergency telephone service system.
260.01 Beaver Eradication Program.
Flooding
270.00 Flood Damage Prevention Program.
General
§ 260.00 ELECTION TO FUND 9-1-1 EMERGENCY TELEPHONE SERVICE SYSTEM.
1) An election will be held November 5, 1996, for the purpose of approving or rejecting an Ordinance to implement the 9-1-1 Emergency Telephone Service System within Miller County.
2) At the election to be held on that purpose, the voters will be asked to vote upon the following question:
FOR a 9-1-1 Emergency Telephone Service System and Public Safety Communications Center within Miller County to be funded
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration by a charge of up to five percent (5%) of the basic telephone tariff rate approved by the Arkansas Public Service Commission.
OR
AGAINST a 9-1-1 Emergency Telephone Service System and Public Safety Communications Center within Miller County to be funded by a charge of up to five percent (5%) of the basic telephone tariff rate approved by the Arkansas Public Service Commission.
3) The County Clerk of Miller County, Arkansas, shall forthwith certify a copy of this Ordinance, upon its adopting by the Quorum Court and approval by the County Judge, to the Election Commission of Miller County, Arkansas, in order that the question may be timely placed on the ballot for such election.
4) SEVERABILITY. If any part of this Ordinance is held invalid, such invalidity shall not affect the validity of any other portions of this Ordinance.
5) REPEALER. All laws and parts of laws in conflict with this Ordinance are hereby repealed.
6) EMERGENCY CLAUSE. It is hereby found that an immediate need exists for implementation of the 9-1-1 Emergency Telephone Service System to facilitate the more effective and efficient operation of Miller County, and it is, therefore, declared that an emergency exists and this Ordinance, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect upon its passage and approval. (Ord. 1996-008, passed 6-17-96)
§ 260.01 BEAVER ERADICATION PROGRAM.
1) Act 630 of 1993 entitles this County to establish a Beaver Eradication Program.
2) Miller County Beaver Eradication Program shall be handled in the following manner:
a) Harvesters of beavers shall attend a certification meeting conducted by the Arkansas Game & Fish Commission and be issued a certification card or permit to be qualified to harvest beavers in the County.
b) Harvesters of beavers must notify the County Judge’s Office in writing of their intention to harvest beavers within the County.
c) Property owners must notify the County Judge’s Office in writing of their intentions to have beavers harvested on their property(ies).
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration d) Beaver tails will be delivered to the Miller County Road Department on the first and third Monday of each month. The Road Foreman will be the designated Beaver Control Officer. Said Trapper will inform the Beaver Control Officer as to the date and time of harvest.
e) After beaver tails have been counted and inspected by the County Road Foreman, a receipt shall be issued to said Trapper, showing how many were turned in, date, and name of Trapper.
f) Said Trapper then takes his receipt to the County Judge’s Office, Texarkana, Arkansas, to be paid for each beaver as stated on his receipt ($5.00 will be reimbursed back to the County from the state).
3) EMERGENCY CLAUSE AND EFFECTIVE DATE. This Ordinance being necessary for the public peace, health, and safety, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval. (Ord. 1995-005, passed 6-8-95)
Flooding
§ 270.00 FLOOD DAMAGE PREVENTION PROGRAM.
1) STATUTORY AUTHORITY. The Legislature of the State of Arkansas has in A.C.A. §§ 14- 268-101, et seq., delegated the responsibility of local governmental units to adopt regulations to minimize flood losses. Therefore, the Quorum Court of Miller County, Arkansas, does hereby ordain as follows:
2) FINDINGS OF FACT.
a) The Federal Emergency Management Agency (FEMA) has identified Special Flood Hazard Areas of Miller County in the current scientific and engineering report entitled “The Flood Insurance Study (FIS) for Miller County, Arkansas, and incorporated areas,” dated December 18, 2009, with an effective Flood Insurance Rate Map (FIRM) dated December 13, 2009.
b) These Special Flood Hazard Areas are subject to periodic flooding events that result in loss of life and property, pose health and safety hazards, disrupt commerce and governmental services, and cause extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare.
c) These periodic flooding events are exacerbated by the cumulative effect of floodplain developments which cause an increase in flood heights and velocities, 2-27
MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration and by the placement of inadequately elevated, inadequately flood-proofed, or otherwise unprotected structures or uses vulnerable to floods into Special Flood Hazard Areas. Such structures or uses are inherently hazardous to other lands because of their adverse impact on flooding events.
3) STATEMENT OF PURPOSE. The purpose of this Ordinance is to promote the public health, safety, and general welfare, to prevent adverse impacts from any floodplain development activities, and to minimize public and private losses due to flooding events in identified Special Flood Hazard Areas. This Ordinance advances the stated purpose through provisions designed to:
a) Protect human life and health;
b) Protect natural floodplains against unwise development;
c) Eliminate adverse impacts of necessary floodplain development;
d) Minimize expenditure of public monies on flood control projects;
e) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
f) Minimize prolonged business interruptions due to flooding events;
g) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in Special Flood Hazard Areas;
h) Minimize future flood blight areas to help maintain a stable tax base; and
i) Provide for notice to potential buyers when property is in a Special Flood Hazard Area.
4) LANDS TO WHICH THIS ORDINANCE APPLIES. The Ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of Miller County, Arkansas.
5) METHODS OF REDUCING FLOOD LOSSES. This Ordinance uses the following methods to accomplish the stated purpose:
a) This Ordinance restricts or prohibits structures or uses in Special Flood Hazard Areas that adversely impact health, safety, or property during flooding events;
b) This Ordinance requires protection against flood damage for structures or uses vulnerable to floods at the time of initial construction, or after substantial improvement of the structure, or after substantial damage has occurred;
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration c) This Ordinance controls the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation and transport of flood waters;
d) This Ordinance controls floodplain development (structural development, placement of manufactured structures, clearing, grading, mining, dredging, placement of fill, excavating, watercourse alteration, drainage improvements, roadway or bridge construction, individual water or sewer installations, and other activities) which may increase flood damage by increasing flood elevations, flood water velocities, or flood discharge patterns;
e) This Ordinance regulates the construction of flood barriers which unnaturally divert flood waters or which may adversely impact other lands.
6) FLOOD DAMAGE PREVENTION CODE ADOPTED BY REFERENCE. There is hereby adopted by reference a “Flood Damage Prevention Code for Miller County, Arkansas,” dated December 13, 2009. The code shall include:
a) Article 1: Definitions
b) Article 2: Administration
c) Article 3: Provisions for Flood Hazard Reduction
A copy of the referenced code shall be filed in the office of the County Clerk and shall be available for inspection and copying by any person during normal office hours.
7) ABROGATION AND GREATER RESTRICTIONS. This Ordinance does not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Whenever there is a conflict or overlap between this Ordinance and another Ordinance, easement, covenant, or deed restriction, the instrument with the more stringent restrictions applies.
8) INTERPRETATION. In the interpretation and application of this Ordinance, all provisions must:
a) Be considered as minimum requirements;
b) Be liberally construed in favor of the governing body; and
c) Be deemed to neither limit nor repeal any other powers granted under State statutes.
9) WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes. Documented scientific and engineering data form the basis for these requirements. On rare occasions, flooding
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration events greater than those considered for this Ordinance will occur. In addition, flood heights may increase over time due to man-made or natural causes. This Ordinance does not imply that land outside Special Flood Hazard Areas will be free from flooding, nor that strict adherence to this Ordinance protects uses permitted within Special Flood Hazard Areas from all flood damages. This Ordinance specifically does not create liability on the part of the community, nor any official or employee of the community, for any flood damages that result while strictly following this Ordinance, or from any lawful administrative decision made under the provisions of this Ordinance.
10) COMPLIANCE. Constructing, locating, substantially altering, or changing the use of any structure or land after the effective date of this Ordinance requires full compliance with the provisions of this Ordinance and all other applicable regulations.
11) PENALTY FOR NON-COMPLIANCE. Flood hazards are reduced by compliance with the provisions of this code. Accordingly, enforcement of this Ordinance discourages non- compliance and is a recognized mechanism for flood hazard reduction.
a) The Floodplain Administrator must enforce the provisions of this Ordinance and is authorized to:
i) Issue cease and desist orders on non-compliant floodplain development projects;
ii) Issue citations for non-compliance;
iii) Request that FEMA file a 1316 Action (Denial of Flood Insurance) against non-compliant properties; and
iv) Take any other lawful action necessary to prevent or remedy any instance of non-compliance with the provisions of this Ordinance.
1. It is a misdemeanor to violate or fail to comply with any provision of this Ordinance.
2. Any person found, in a court of competent jurisdiction, guilty of violating this Ordinance is subject to fines of not more than five hundred dollars ($500.00) per day for each violation; in addition, the defendant is subject to payment of all associated court costs and costs involved in the case.
12) SEVERABILITY CLAUSE. If any court of competent jurisdiction finds that any section, clause, sentence, or phrase of this Ordinance is invalid or unconstitutional, that finding in no way affects the validity of the remaining portions of this Ordinance.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration
13) EMERGENCY CLAUSE. An emergency is hereby declared to exist, and this Ordinance, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval. (Ord. 1983-100, passed 1-13-83; Am. Ord. 1987-010, passed 5-14-87; Am. Ord. 1997- 026, passed 10-20-97; Am. Ord. 1999-032, passed 9-15-99; Am. Ord. 2009-018, passed 11-16-09)
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration Article VI. COUNTY FUNDS AND FEES
Section
280.00 Drug Enforcement Fund.
280.01 Smith Park Gun Range permit fees.
280.02 Increased fees charged for marriage licenses.
280.03 Deposit of inmate video visitation income.
280.04 Petty cash fund for the Juvenile Detention Center.
280.05 Travel Advance Fund.
§ 280.00 DRUG ENFORCEMENT FUND.
1) A.C.A. §§ 14-21-201—202 sets forth that each Quorum Court may, by Ordinance, establish a Drug Enforcement Fund.
2) The fund shall be set at an amount not to exceed ten thousand dollars ($10,000.00).
3) The Miller County Sheriff currently has money in a fund specified for purchases related to drug cases.
4) A fund is established as a special fund to be known as the “Miller County Drug Enforcement Fund.”
5) EMERGENCY CLAUSE. This Ordinance, being necessary for the health, protection, and preservation of the citizens of Miller County, shall be in full force and effect from and after passage and approval. (Ord. 2010-009, passed 6-21-10)
§ 280.01 SMITH PARK GUN RANGE PERMIT FEES.
1) The Quorum Court of Miller County has determined to change the existing permit fees for the Gun Range at Smith Park.
2) The Gun Range permit fees are:
a) Ten dollars ($10.00) for Miller County residents;
b) Twenty dollars ($20.00) for out-of- County residents.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration
3) EMERGENCY CLAUSE. This Ordinance being necessary for the public peace, health, and safety, an emergency is hereby declared and this Ordinance shall take effect and be in force immediately upon its passage, approval, and publication. (Ord. 2003-002, passed 1-2-03)
§ 280.02 INCREASED FEES CHARGED FOR MARRIAGE LICENSES.
1) Act 465 of 1989 authorizes the increase in fees charged for marriage licenses within the several counties of Arkansas.
2) The Quorum Court of Miller County does hereby exercise the option to increase.
3) Be it ordained by the Quorum Court of Miller County that the County Clerk shall receive from parties applying for a marriage license the sum of thirty dollars ($30.00).
4) EMERGENCY CLAUSE. An emergency is hereby declared to exist, and this Ordinance, being necessary for the immediate preservation of the public peace, health, safety and welfare, shall be in full force and effect from and after its date of passage and approval. (Ord. 1989-011, passed 4-13-89)
§ 280.03 DEPOSIT OF INMATE VIDEO VISITATION INCOME.
1) The Quorum Court of Miller County has determined that monies derived from inmate video visitation at the Miller County Detention Center should be deposited into the Inmate Telephone Fund #6405.
2) The Treasurer of Miller County is hereby directed to deposit any revenues derived from the use of video visitation to Fund #6405 Inmate Telephone Fund. (Ord. 2013-019, passed 10-21-13)
§ 280.04 PETTY CASH FUND FOR THE JUVENILE DETENTION CENTER
1) As per A.C.A. 14-25-105, the Miller County Quorum Court approves the establishment of a petty cash fund for the Juvenile Detention Center. 2) This fund is established for the handling of small operating expenditures. 3) The Director of the Juvenile Detention Center shall submit a monthly report to the County Judge summarizing these expenditures. 4) This Ordinance shall take effect, and be in full force and effect, immediately upon its passage, approval, and publication as required by law. (Ord. 2015-006, passed 05-18-15)
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration § 280.05 TRAVEL ADVANCE FUND.
1) In accordance with Act 614 of 2011 and A.C.A. § 14-14-1203, the Legislative Joint Auditing Committee adopted rules concerning cash advances for travel-related expense for county employees as follows:
a. Each quorum court may, by ordinance, establish a travel advance fund. The ordinance shall set a maximum amount for the fund and shall designate the custodian for each fund. The travel advance fund may be maintained by the custodian as a cash fund or in a bank account. The source of the funds for the travel advance fund shall be funds appropriated by the quorum court. The initial funding and any subsequent reimbursements to the fund shall be appropriated by the quorum court and subject to the disbursement procedures required by law.
b. After a quorum court has approved a proper ordinance establishing a travel advance fund, set the maximum amount for the fund, designated the custodian of the fund, and appropriated funds for the fund, the county judge may approve a county claim for the initial establishment of the travel advance fund. If adequate appropriations and funds are available, the travel advance fund may be replenished upon presentation and approval of a claim which will include supporting documentation as provided in the county disbursement procedures. The total amount of funds held in the travel advance fund shall not exceed the maximum amount established by the quorum court.
c. Accounting records shall be maintained by the custodian for the receipt, disbursement, accounting, documentation, and reconciling of funds.
d. The travel advance fund shall only be used to make advances of expenses associated with authorized travel by employees of the county. Upon completion of the travel, the employee shall provide documentation of the expenses associated with the travel advance to the custodian of the fund. If documentation is not provided or if the travel advance exceeds the actual expenses incurred, the employee must repay the balance to the travel advance fund within 7 calendar days of the trip return. The county shall withhold any undocumented or excess advance not repaid within 7 calendar days of trip return from the employee’s next paycheck.
e. Travel expense paid from the travel advance fund shall be in accordance with the County’s Travel Policy. Meals for travel without overnight stay must be included on employee’s W-2 form.
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MILLER COUNTY CODE OF ORDINANCES Chapter 2 - Administration 2) That in accordance with the rules adopted by the Arkansas Legislative Joint Auditing Committee, the Quorum Court hereby establishes a travel advance fund for Miller County at Commercial National Bank in Texarkana, Arkansas, to be entitled the “Miller County Travel Advance Fund” that the maximum amount of the fund shall be set at $10,000.00 and the County Judge or his appointed designee shall be appointed custodian of the Fund.
3) EMERGENCY CLAUSE. This Ordinance, being necessary for the health, protection and preservation of the citizens of Miller County, shall be in full force and effect from and after passage and approval. (Ord. 2015-020, passed 9-23-2015)
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