Arkansas County Sheriffs 2018 Procedures Manual
Arkansas County Sheriffs2018 Procedures ManualAssociation of Arkansas Counties1415 W. Third StreetLittle Rock, Arkansas 72201(501) 372-7550FAX (501) 372-0611www.arcounties.org
FOREW ORDThis County Sheriff’s procedures manual was compiled by the Association of Arkansas Counties staff and reviewedby AAC staff. It reflects the current law through the 2017 legislative session and includes a description of the duties,responsibilities, and procedures of the Sheriff’s office. It is not to be construed as legal advice. It presents the lawfor your information and guidance but specific legal questions should be directed to your county attorney.We hope this procedures manual will be of help to you as you do the day-to-day business of your county.Chris VillinesExecutive Directori
ASSOCIATION OF ARKANSAS COUNTIESBOARD OF DIRECTORS2018PRESIDENTDebbie Wise, Circuit Clerk . Randolph CountyVICE PRESIDENTBrandon Ellison, County Judge . Polk CountySECRETARY/TREASURERRhonda Cole, County Clerk . Clark CountyTerri Harrison, County Clerk . Polk CountyJimmy Hart, County Judge .Conway CountyKevin Cleghorn, County Coroner . Saline CountyGerone Hobbs, County Coroner . Pulaski CountyBrenda DeShields, Circuit Clerk . Benton CountyBill Hollenbeck, County Sheriff . Sebastian CountyTerry McNatt, County Treasurer . Craighead CountySandra Cawyer, County Assessor . Columbia CountyEllen Foote, County Collector . Crittenden CountyDavid Thompson, Justice of the Peace . Boone CountyDebra Buckner, County Treasurer/Collector . Pulaski CountyDebbie Cross, County Treasurer . Greene CountyJohn Montgomery, County Sheriff. Baxter CountyJeanne Andrews, Justice of the Peace . Logan CountyHeather Stevens, County Assessor . Stone CountyAAC STAFFChris Villines, Executive DirectorMark Whitmore, Chief Legal CounselAnne Baker, Executive AssistantCindy Posey, AccountantLindsey Bailey, Legal CounselJosh Curtis, Governmental Affairs DirectorKaran Skarda, ACE CoordinatorSamantha Moore, ReceptionistChristy Smith, Comm. DirectorHolland Doran, Comm. CoordinatorMark Harrell, IT ManagerColin Jorgensen, Litigation CounselJohnna Hoffman, Litigation Support Spec.Eddie A. Jones, ConsultantAAC RISK MANAGEMENT SERVICESDebbie Norman, Risk Management DirectorDebbie Lakey, WCT Claims ManagerBrandy McAllister, RMS CounselCathy Perry, Adm. Asst. /Claims AnalystKim Nash, WCT Claims AdjusterKim Mitchell, Administrative AssistantEd Piker, Loss Control SpecialistRiley Groover, Claims AnalystEllen Wood, Adm. Asst. / ReceptionistRenee Turner, WCT Claims AdjusterGreg Hunt, Claims AnalystBecky Comet, Member Benefits ManagerKaren Bell, Adm. Assistantii
TABLE OF CONTENTSPageForeword . iBoard of Directors and Staff . iiTable of Contents .iiiCHAPTER 1Introduction to County Government . 1CHAPTER 2General Duties of the Office of Sheriff . 5CHAPTER 3Duties of a Sheriff as a Law Enforcement Officer . 11CHAPTER 4Arkansas Rules on Criminal Procedure . 27CHAPTER 5Duties of a Sheriff as an Officer of the Court . 43CHAPTER 6Adult and Juvenile Jail Standards Management Summary . 53CHAPTER 7Contract Law Enforcement . 73CHAPTER 8Sheriff Fees and Funds . 79CHAPTER 9911 Emergency Information . 90CHAPTER 10Miscellaneous Benefits and Laws . 93CHAPTER 11Surviving the County Budget Process and the FinancialAdministration of the Sheriff’s Office . 103CHAPTER 12Attorney General Opinions and County Lines Articles . 109CHAPTER 13Glossary of Terms . 126iii
Chapter One - INTRODUCTION TO COUNTY GOVERNMENTCounty government is a political subdivision of the state.County government provides services to all of the citizensof the county, and every resident of Arkansas lives in acounty. The services that every county must provideinclude: (1) the administration of justice through the courts;(2) law enforcement protection and the operation of the jail(3) real and personal property tax administration, includingassessments, collection, and custody of tax proceeds; (4)court and public records management; and (5) the requiredservices prescribed by state law provided through thevarious elected county officers or departments of countygovernment such as providing and managing a county roadsystem, elections and financial management just to name afew things. Counties may provide for the establishment ofany service or performance of any function that is notexpressly prohibited by law. These services and functionsinclude, but are not limited to, things like agriculturalextension services; community and rural developmentservices; libraries; park and recreation services; emergencymedical services; fire prevention and protection services;solid waste collection and disposal services; public healthservices; and any other services related to county affairs(ACA 14-14-802).The county court of each county has exclusive originaljurisdiction in all matters relating to:1. County Taxes: Including real and personal ad valoremtaxes collected by county government. The county court'sauthority in this area includes jurisdiction over theassessment of property, equalization of assessments onappeal, tax levies, tax collections, and the distribution of taxproceeds.2. Paupers: The court's jurisdiction includes all countyadministrative actions affecting the conduct of humanservices programs serving indigent residents of the countywhere such services are financed in total or in part bycounty funds.3. Jurisdiction in each other case that may be necessary tothe internal improvement and local concerns of therespective counties including county financial activities andworks of general public utility or advantage designed topromote intercommunication, trade and commerce,transportation of persons and property, or the developmentof natural resources, which are not otherwise transferred tothe county judges to be administered in an executivecapacity.County government elects nine executive officers and acountywide legislative body called the Quorum Court toprovide these various services. The nine elected officialsare county judge, sheriff, county clerk, circuit clerk,collector, assessor, treasurer, coroner and surveyor. Somecounties combine two of these offices into one, such asurer/collector. Also, not all counties elect a surveyorand in the counties that do elect them, this job is usuallynot a full-time position. The county legislative body isentitled the Quorum Court and is composed of 9-15members called Justices of the Peace. These justices ofthe peace are district officers and not county officialsbecause they represent a district within the county.4. The county court shall have all other jurisdiction nowvested by law in the county court except with respect tothose powers formerly vested in the county court under theprovisions of Section 28 of Article 7 of the Constitutionwhich were transferred to the county judge under theprovisions of Section 3 of Amendment 55 to the ArkansasConstitution, (and those powers removed by Amendment67 as they pertain to the apprenticeship of minors. (ACA14-14-1105)In addition to the duties of the county court, the countyjudge is responsible for coordinating the day-to-day intergovernmental relations between the various state andfederal agencies operating at the county level. The judgemust also apply for all federal and state assistance moneysfor which the county is eligible, and appoints the membersto all administrative and advisory boards in the county,some of which have to be confirmed by the quorum court.The chief executive officer for county government inArkansas is the county judge. As chief executive, the judgeauthorizes and approves the disbursement of allappropriated county funds, operates the system of countyroads, administers ordinances enacted by the quorumcourt, has custody of county property, accepts grants fromfederal, state, public and private sources, hires countyemployees except those persons employed by other electedofficials of the county, and presides over the quorum courtwithout a vote, but with the power of veto. (ACA 14-141101 - 1102)The county sheriff is the sheriff of the courts, maintainspublic peace, and has custody of the county jail. As chiefenforcement officer of the circuit courts, the sheriff's office,which includes the sheriff and deputies, is charged byconstitutional and statutory laws with the execution ofsummons, enforcement of judgments, orders, injunctions,garnishments, attachments, and the making of arrests onwarrants issued by the courts. The sheriff also opens andattends each term of circuit court, notifies residentsselected to jury duty and assists in handling witnesses andprisoners during a given court term.All powers not vested in the county judge as the chiefexecutive officer of the county shall continue to beexercised and administered by the county court, over whichthe county judge shall preside. The county court, in fact, isthe county judge sitting in a judicial role.1
The sheriff, or a member of that staff, often prepares andassembles evidence of the Prosecuting Attorney's caseagainst defendants charged with both felonies andmisdemeanors. The sheriff also transports convictedprisoners and others declared by the court to the variouspenal and mental institutions of the state.1966. The clerk maintains an accurate and up-to-datevoter registration list within the office and stores the ballotboxes between elections. In addition, the clerk is thecustodian of absentee ballots and is responsible for earlyvoting. It is common practice in many counties for thecounty clerk to assist the county election commission in theoverall performance of the election process. With theincreasing complexity of elections, however, there is anincreasing trend towards the hiring of election coordinatorsto aid the county election commission and the county clerkin their respective election responsibilities. (ACA 7-5-401 etseq.)The sheriff in every county has the custody, rule, andcharge of the county jail and all prisoners committed in hiscounty (ACA 12-41-502). The sheriff shall be conservatorof the peace in his county (ACA 14-15-501). It shall be theduty of each sheriff to quell and suppress all assaults andbatteries, affrays, insurrections, and unlawful assemblies;and he shall apprehend and commit to jail all felons andother offenders (ACA 14-14-1301). The sheriff also workswith the various local municipal law enforcement officials orother state and federal officials charged with lawenforcement.The clerk issues marriage licenses (ACA 9-11-201), andkeeps a record of all firms in the county which haveincorporated (ACA 4-26-1201). The clerk issues speciallicenses allowing certain activities (ACA 26-76-102).The circuit clerk is the clerk of the circuit court and juvenilecourt and usually acts as the ex-officio recorder of thecounty.The county clerk is the official bookkeeper of countygovernment and serves as the clerk for the county, quorumand probate courts.Unless otherwise provided by law, the county recorder isthe circuit clerk of the county. In a county that under lawhas assigned the duties of the county recorder to thecounty clerk, all Code references to circuit clerk thatconcern recording functions shall mean the county clerk.As clerk of the county court, the clerk has the duty ofkeeping a regular account between the treasurer and thecounty. The clerk charges the treasurer with all moneysreceived and credits the treasurer with all moneysdispersed. In addition, the clerk keeps an accurate accountof all financial transactions within the county and files alldocuments, vouchers, and other papers pertaining to thesettlement of any account to which the county is involved.It is the responsibility of the county clerk to prepare allchecks on the treasury for moneys ordered to be paid bythe county court and to keep complete and accuraterecords of all these financial transactions ready for thecourt's inspection at any time (ACA 16-20-402). [Analternate method of the county treasurer issuing checks,allowed by ACA 14-24-204, is used by many counties.]The administrative duties of the circuit clerk are to maintaina record of all proceedings of the circuit courts to enterdocket number and name of the defendant and to preparethe dockets for these courts (ACA 16-20-102). The circuitclerk prepares summons, warrants, orders, judgments, andinjunctions authorized by the circuit court for delivery by thecounty sheriff. The circuit clerk also maintains a file of allcases pending in either court, as well as a record of all pastcourt cases and their disposition (ACA 16-20-303 and 1620-304). The clerk has 20 days before commencement ofeach of the dockets in all cases. In addition, the circuitclerk acts as a secretary to the jury commission by keepinga list of all prospective jurors (ACA 16-32-101 et seq.)The county clerk shall serve, unless otherwise designatedby county ordinance, as the secretariat of the quorumcourt. These duties involve keeping a complete permanentrecord of the proceedings of the Quorum Court includingminutes, ordinances, resolutions and an index to provideeasy access to the information (ACA 14-14-902 and 14-14903).The circuit clerk is also the ex-officio county recorder; and isresponsible for recording deeds, mortgages, liens, andsurety bonds, and many other orders and instrumentswhich involve property within the county (ACA 14-15-401 etseq). The circuit clerk maintains a record of manymiscellaneous items, and files certain licenses. The circuitclerk also swears in all notaries public and files regulationsof state agencies which license trade or professionalworkers.As clerk to the probate court, the clerk files all instrumentsmaking them a matter of record in decedent estate cases,and swears in all witnesses in contested estates. The clerk,also in this capacity, maintains all records relative toadoptions and guardianship cases within the county.The county clerk, or the clerk’s designee, serves as thesecretary of the Board of Equalization and records theminutes of their meetings (ACA 26-27-307). Also, if theclerk is the preparer of tax books for the county, the clerk isresponsible for extending the taxes in the informationprovided by the assessor and the Board of Equalization(ACA 26-28-101 through 26-28-108).The county collector is the collector of taxes for the countyand collects municipal, county, school and improvementdistrict taxes and turns them over to the county treasurer.The collector is responsible for collecting all property taxesfrom the first day of March to the fifteenth day of Octoberduring the calendar year after they are assessed. Bystatute, the collector is required to turn over all tax revenueto the treasurer at least once a month (ACA 26-39-201).The County Depository Board may require the collector andother county officials to settle with the county treasurerThe clerk became the official voter registrar with theadoption of Amendment 51 to the Arkansas Constitution in2
more frequently than once a month (ACA 19-8-106).Taxpayers may pay their taxes in installments, with onefourth of the total being due between March and April, onefourth being due between April and July, and the remainingone-half between July and October 15 (ACA 26-35-501).24-204 provides for an alternate method whereby thecounty treasurer prepares and issues the check.The treasurer must keep an accurate and detailed accountof all receipts and disbursements of the county (ACA 14-15807). The treasurer is required to make a monthly financialreport to the quorum court on the fiscal condition of thecounty (ACA 14-20-105).Any real or personal property taxes not paid by the fifteenthday of October, or falling within one of the exceptions to therequirement that taxes be paid by October 15 of each year(i.e., postmarked prior to October 15 or paid after October15 if the fifteenth falls on a weekend or holiday), areconsidered delinquent and the collector extends a 10%penalty against the taxpayer (ACA 26-36-201). BeforeDecember 1st of each year, the collector of taxes shallprepare a list of delinquent personal property taxes anddeliver a copy of the list to a legal newspaper in the county.Within seven (7) days thereafter, the newspaper shallpublish the list. If there is no newspaper in the county ordistrict, the publication shall be in the nearest newspaperhaving a general circulation in the county or districts forwhich the list is being published. (ACA 26-36-203)The county treasurer is required to charge a two percentcommission on all funds coming to his/her office. Thereare a few exceptions. No commission is allowed for thehandling of borrowed money, proceeds of school bondsales, the teacher’s salary fund, money collected frominsurance on losses, fire protection premium taxes (Act 833funds for fire departments, but inactive fire departmentswill not receive funding under this section) and all nonrevenue receipts, which is defined as reimbursement of allor a part of a payment made by a county (ACA 21-6-302, 617-908, 6-20-221 and 14-284-403). Also, the countytreasurer is allowed a smaller commission, 1/4 of 1%, onfunds from school districts that employ their own treasurer(ACA 6-13-701) and 1/8 of 1% on funds from municipalimprovement districts (ACA 14-90-913). The commission isnot kept by the treasurer but is intended to create a sourceof revenue accruing to the office from which the salary andoperation of the office is paid. Any excess treasurer’scommission shall be redistributed to the various entitiesthat were charged on a pro-rata basis (AG Opinion #78112).The duty of the county assessor is to appraise and assessall real property between the first Monday of January andthe first of July, and all personal property between the firstMonday in January and the thirty-first of May.
Arkansas County Sheriffs 2018 Procedures Manual Association of Arkansas Counties 1415 W. Third Street Little Rock, Arkansas 72201 (501) 372-7550 FAX (501) 372-0611
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Arkansas County Assessors 2018 Procedures Manual Association of Arkansas Counties 1415 W. Third Street Little Rock, Arkansas 72201 (501) 372-7550 FAX (501) 372-0611 . court and public records management; and (5) the required services prescribed by state law provided through the
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