DEWAYNE HOLLOWAY/dewayne@mcnews.online
County Attorney Jason Barrett discussed two options with the Montgomery County Quorum Court Monday regarding the legal separation of the Sheriff and Collector offices.
An advisory board was formed last month to look into possible ways to separate the elected position of Montgomery County Sheriff/ Collector into two elected positions. The finding of the advisory board states that separating the two offices would create a more efficient process in the collector’s office. The report stated that while the collector’s office has functioned effectively under the purview of the sheriff, it would benefit from having a full-time collector. This would mean that there would be a collector in the office all the time. Currently, the sheriff has to split his time between the sheriff’s office and the collector’s office. The sheriff’s office’s recent move to the new criminal justice facility would add more limitations to his time in the collector’s office.
The current dual position is an elected position and can only be separated by popular election, or by way of the state legislative process.
Barrett explained that they could place the issue on the next ballot which will take place in November 2022. At which time if passed they quorum court could then appoint a collector to serve a full four year term with elections for the newly created position to begin in 2026.
This is the quickest path to fulfilling the direction of the advisory board since the state legislature won’t meet again until Spring 2023. However, the quorum court has expressed that they do not want to appoint someone to fill the position as they feel it should be chosen by the people of Montgomery County.
Barrett stated that they could hold a special election to choose a collector if the measure were to pass in the November 22 election. This would come at an added cost to the county. Barrett concluded that they could avoid the added expense of a special election by going through the legislative process.
He deduced that while they decision would not be made by popular vote, the JPs and state legislators are elected by the people of Montgomery County to represent them. The legislative process simply allows elected officials to make decisions for county residents.
Barrett stated that in his research he discovered that over 50 counties have separated the offices. He discovered that all but two had done so through the legislative process. He cited Yell County’s recent decision to separate the offices through legislative process as an example.
The JPs agreed with Barrett’s recommendation to put the advisory board’s plan into action by drafting a resolution that will request that legislation be filed during the 2022 Regular Session of the Arkansas General Assembly that would split the offices in question. It would also state the advisory board’s desire to have an election conducted for a two year term in 2024.
JPs move forward with plan to split sheriff/collector offices
