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[BOONE / CARROLL] COUNTY QUORUM COURT
RULES OF PROCEDURE ORDINANCE
ORDINANCE NO. ______
AN ORDINANCE ESTABLISHING RULES OF PROCEDURE, PUBLIC PARTICIPATION, RECORDS, AND REPORTING REQUIREMENTS FOR THE [BOONE / CARROLL] COUNTY QUORUM COURT
Index
1. Purpose, Principles, and Accountability of the Quorum Court
2. Parliamentary Authority and Conduct of Meetings
3. Agenda, JP Packet, and Basis for Decisions
4. Public Participation, Redress of Grievances, and Floor Recognition
5. Records Management, FOIA Responses, and Minutes
6. Required Reports from County Officials and Justices
7. Committees, Severability, Repealer, and Effective Date
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WHEREAS, governments derive their just powers from the consent of the governed, as declared in the Declaration of Independence: that all men are created equal and are endowed by their Creator with certain unalienable rights, among which are life, liberty, and the pursuit of happiness; and
WHEREAS, the Quorum Court is a body unto itself the legislative branch of county government exercising powers granted by Arkansas Constitution Amendment 55 and the Arkansas County Government Code, with the Justices of the Peace acting collectively and the County Judge serving as Presiding Officer and Chief Executive; and
WHEREAS, the County Judge, as Presiding Officer, is the single point of accountability for the professionalism of Quorum Court procedures, rules, and conduct; and
WHEREAS, newly elected Justices and County Judges often receive minimal training and may default to mere legal compliance an insufficient standard that fails to meet the higher expectations of the electorate for honest, impartial, accountable, and transparent governance; and
WHEREAS, rigorous decision-making requires thorough preparation, informed deliberation, consideration of expert and stakeholder input, analysis of consequences, and clear public records; and
WHEREAS, the Quorum Court meeting is the primary regularly scheduled public meeting at which decisions changing county government are made, and its purpose is to keep the public informed of what their government is doing and why; and
WHEREAS, every citizen has a right to a clear process for the redress of grievances, with documented closure so that the citizen may know whether the grievance was addressed or ignored and may thereafter pursue higher redress; and
WHEREAS, every FOIA response itself creates a public record, and the County Judge, as Chief Executive, is the custodian of that response record; and
WHEREAS, when any person is recognized to speak, that person becomes part of the official proceedings, and the minutes must contain a high-level summary of each contribution so that Justices and the public may locate the audio record and evaluate performance; and
WHEREAS, professionalism means the consistent performance of a service that meets standards of honesty, impartiality, accountability, and defined objective standards accepted by all stakeholders; and
WHEREAS, moral conduct in governance is grounded in principles of right and wrong derived from our Creator and reflected in the Declaration of Independence and the Constitutions of the United States and Arkansas;
NOW, THEREFORE, BE IT ORDAINED BY THE QUORUM COURT OF [BOONE / CARROLL] COUNTY, ARKANSAS:
SECTION 1. Purpose, Principles, and Accountability of the Quorum Court
(a) The Quorum Court is an independent legislative body. Its powers are exercised collectively by the Justices of the Peace. The County Judge serves as Presiding Officer and is the single point of accountability for the professionalism of all procedures and conduct under this Ordinance.
(b) All procedures shall advance honesty, impartiality, accountability, and publicly verifiable objective standards. Mere legal minimums are insufficient.
(c) This Ordinance is intentionally instructive for newly elected Justices and County Judges.
(d) Rigorous decision-making requires thorough preparation, informed deliberation, consideration of relevant expert and stakeholder input, analysis of consequences, and clear public records.
SECTION 2. Parliamentary Authority and Conduct of Meetings
(a) In the absence of a specific rule in this Ordinance, meetings shall be conducted under the current edition of *Robert s Rules of Order, Newly Revised*, as modified by Arkansas law and this Ordinance.
(b) Regular meetings shall be held at 6:00 p.m. on the second Tuesday of each month at 400 East Prospect, Harrison, Arkansas (or the Boone County Courthouse when necessary). When a regular meeting falls on a recognized county holiday, it shall be held at the same time and place on the next day county offices are open.
(c) Special meetings may be called by the County Judge or a majority of the Justices upon at least twenty-four (24) hours notice specifying the subjects, date, time, and location. Only noticed subjects may be considered. Notice shall be given as far in advance as practicable. The County Clerk shall notify absent members and give public notice. When called by a majority of Justices, the notice shall include the names of those calling the meeting.
(d) All meetings shall comply with the Arkansas Freedom of Information Act. Audio and video recordings of every open meeting shall be made and published on the official county website or designated platform within seven (7) calendar days and retained for not less than five (5) years. Technical failure shall not invalidate any action.
(e) The County Clerk serves as secretariat and shall keep written minutes that include the final vote of each Justice on every ordinance or resolution. The Clerk may commence roll-call votes with a different Justice on a rotating basis or use a paper ballot read by the Clerk without objection.
SECTION 3. Agenda, JP Packet, and Basis for Decisions
(a) The County Judge shall prepare the agenda. Any item submitted in writing by a Justice at least five (5) business days before a regular meeting shall be placed on the agenda. Three (3) Justices and the County Judge may jointly add an item after the deadline if it is in the best interest of the county.
(b) A member of the public wishing to be placed on the agenda shall contact the County Judge s Office, state the subject, and provide the name(s) of those who will speak.
(c) A complete JP Packet containing every agenda item, supporting documentation, officer reports, public submissions, and committee recommendations shall be delivered to every Justice and posted prominently (and on the county website) no later than three (3) business days before the meeting. Supplemental materials received after packet release shall be clearly marked as such and added to the permanent record.
(d) Rational bases for decisions made by the Quorum Court should be found in the JP Packet prepared for the meeting at which the decision was deliberated, and/or in a subsequent JP Packet s minutes capturing the salient points of decision deliberation. Such bases should indicate stakeholder or expert involvement when the technical knowledge required exceeds that available within the voting members of the Quorum Court. Decisions are consummated by a vote, and any document so approved must have its bases evident in the public record of the Quorum Court.
(e) If the Presiding Officer observes that a decision is beyond the technical or experiential scope of the voting members of the Quorum Court, the Presiding Officer may request a motion for an advisory board to be established, a public hearing to be held, or a special committee to be formed. The minutes shall reflect this request.
(f) Any person placed on the agenda to speak shall provide flyers or handouts to the County Judge s Office no later than three (3) business days before the meeting for inclusion in the JP Packet.
(g) Justices are expected to review the JP Packet in advance of the meeting.
(h) When a matter has significant fiscal, operational, or technical impact and internal knowledge is insufficient, the Quorum Court or its committees should seek relevant expert or stakeholder input and summarize that input in the packet or committee report when practicable.
(i) Every decision of the Quorum Court shall have a documented basis connected to content in the JP Packet or to information formally entered into the record during the meeting. Decisions that appear capricious or arbitrary are prohibited. New documented information presented by any recognized speaker shall be added to the packet record for that meeting.
(j) The agenda must be approved by vote at the beginning of each meeting.
SECTION 4. Public Participation, Redress of Grievances, and Floor Recognition
(a) Any citizen may address the Quorum Court. All comments and questions from the public are directed to the Presiding Officer.
(b) Public comment on agenda items.
On each agenda item requiring legislative action, after the Justices have discussed the item and immediately before the final vote, the public shall be given an opportunity to comment. Comments are limited to the specific item under consideration. Each speaker is allotted a minimum of five (5) minutes. Additional time may be granted by motion and majority vote; the minimum shall not be reduced.
(c) Unsolicited (general) public comment.
Unsolicited comments on matters not on the agenda shall occur at the end of the meeting, after all other business and before adjournment.
Because such comments arrive without supporting material in the JP Packet and without prior opportunity for Justices to review them, no deliberation or action shall be taken on unsolicited comments at the same meeting. Any concern raised shall be placed in the next JP Packet so that Justices and the Presiding Officer may review it and decide whether to place it on a future agenda.
(d) Handling of questions from the public.
When a member of the public asks a question:
1. The Presiding Officer shall determine whether the question is germane to the powers and duties of the Quorum Court.
2. If the question is germane, the Presiding Officer shall recognize a Justice of the Peace by name to begin the response and shall preside over the ensuing dialogue to ensure the question gets answered for the public record.
3. If the question is not germane to the Quorum Court, the Presiding Officer shall so inform the speaker and shall offer a more appropriate path forward for the speaker to have the concern addressed.
Silence by the Quorum Court in response to a question from a member of the electorate is unacceptable. The minutes shall record the question, the Presiding Officer s determination, the Justice recognized (if any), and the substance of the response or the alternative path offered.
(e) Redress of grievances: Any member of the electorate may present a written grievance between meetings or orally during public comment. The grievance shall be placed in the next JP Packet. If neither the County Judge nor any Justice places it on a subsequent agenda for deliberation, the process is complete the grievance has been ignored. If placed on the agenda, the outcome of deliberation (regardless of result) constitutes formal redress.
(f) When the Presiding Officer recognizes any person to speak, that person becomes part of the official proceedings. Minutes shall contain a high-level summary of each contribution sufficient to guide a reader to the audio or video record.
SECTION 5. Records Management, FOIA Responses, and Minutes
(a) All records meeting the definition of a public record under the Arkansas Freedom of Information Act including emails in official or personal accounts used for public business shall be retained and managed for public accessibility according to the county records-retention schedule (Ark. Code Ann. 13-4-301 et seq.). Records not specifically listed shall be retained for a minimum of three (3) years after the relevant audit is completed and approved.
(b) Every FOIA response itself constitutes a public record. That record shall include the original request, date received, date satisfied, identity of the person who satisfied it, and a description of the records provided. The County Judge is the custodian of every FOIA-response record.
(c) Electronic communications and email practices.
Each elected office is responsible for professionally receiving and remaining cognizant of information delivered electronically, especially by email.
The preferred method is for each elected position to use an email address on a domain managed by the county, so that the records remain with the elected office rather than the individual. This practice improves FOIA compliance and allows newly elected officers to more quickly become familiar with the ongoing business of the office.
Routine emails are those expected items such as meeting notices, JP Packet materials, or other periodic regulatory information that supports Quorum Court meetings.
All non-routine email received by a Justice of the Peace or by a member of the County Judge s Office relating to Quorum Court or County business should, at a minimum, be acknowledged as received. The acknowledgement shall be non-generic and shall include:
- the date the email was received,
- the subject of the email (if any), and
- to whom the email was addressed.
If not an automated acknowledgment process on a county server, an elected office simply responding, acknowledging receipt of the email back to the sender, suffices. The email shall also be added to the JP Packet.
(d) The County Clerk shall maintain a County Ordinance and Resolution Register and a Permanent Record of all ordinances and resolutions as required by law.
(e) Minutes shall include a high-level summary of every person who obtained the floor, the subject addressed, and the substance of the contribution.
SECTION 6. Required Reports from County Officials and Justices
(a) The County Judge, as the official responsible for the professional conduct of county government, shall ensure that the following written reports are prepared and included in the JP Packet:
1. County Treasurer monthly financial statement as required by Ark. Code Ann. 14-20-105 (receipts, disbursements, and balances).
2. County Sheriff at least quarterly: significant law-enforcement and detention activities, staffing changes or vacancies, operational challenges, major incidents, grants, audits, litigation, and any matters requiring Quorum Court attention.
3. County Assessor at least quarterly: noted or expected changes in land use, resulting effects on assessed values and tax revenue, appraisal progress, and any matters requiring Quorum Court attention.
4. County Tax Collector at least quarterly: collection status, delinquent tax trends, distribution issues, staffing or operational challenges, and any matters requiring Quorum Court attention.
5. County Clerk at least quarterly: significant recording, election, or court-related activities, staffing changes, operational challenges, and any matters requiring Quorum Court attention.
(b) Reports shall be submitted in time to be included in the JP Packet. The County Judge is responsible for ensuring timely collection and distribution of the reports.
(c) Each Justice shall provide a written district report at least quarterly describing changes in the nature or character of the district that may affect county policy or resources.
(d) Failure to submit a required report shall be noted in the minutes.
SECTION 7. Committees, Severability, Repealer, and Effective Date
(a) Authority to establish committees balance of powers.
Under Arkansas law, committees of the Quorum Court may be established by either the County Judge or the Quorum Court itself. This dual authority is an essential check and balance.
The Quorum Court must be able to ensure that its decision-making is properly informed by stakeholders, subject-matter experts, and members of the public. If the County Judge declines or fails to create a committee needed for that purpose, any Justice of the Peace may, at a public meeting, move that the Quorum Court establish the committee by ordinance or resolution. The Quorum Court may then create the committee and define its charge.
In addition to formal committees, the Quorum Court retains multiple other tools to engage the electorate, experts, and stakeholders, including the creation of advisory boards, the appointment of specific community members to temporary working groups, and the holding of public hearings on particular issues.
These mechanisms exist so that the legislative body is never dependent solely on the executive branch for the information and expertise required to legislate wisely.
(b) Standing Committees.
The following standing committees are established:
- Budget and Finance
- Law Enforcement
- Personnel
- Roads and Bridges / Buildings and Grounds
- Solid Waste Management
Each committee should consist of three to five Justices. The County Judge (or designee) is an ex-officio member of every committee; the Treasurer is an ex-officio member of Budget and Finance. Committee chairpersons shall be elected by each committee. No Justice may chair more than one standing committee.
Committees shall normally meet at 6:00 p.m. on the day one week prior to the regular Quorum Court meeting. Written minutes of committee meetings shall be prepared and included in the next JP Packet. Each formal committee report to the Quorum Court shall allow opportunity for both majority and minority reports.
Committees should actively seek and record input from the public, including stakeholders and experts as needed for decision-making that exceeds the qualifications or experience of the appointed Justices.
The Budget and Finance Committee shall present the Annual Appropriation Ordinance and Detailed Annual Budget at the November or December Quorum Court meeting. These shall be made available for public inspection and comment.
(c) If any provision of this Ordinance is held invalid, the remaining provisions continue in full force and effect.
(d) All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict.
(e) This Ordinance shall become effective upon passage and approval. It is the standing procedural ordinance of the Quorum Court. It shall be reviewed and re-adopted at least once every two years so that it remains visible to elected officials and the electorate. The two-year cycle is a minimum requirement only. The Quorum Court may amend or re-adopt this Ordinance more frequently whenever needs, technology, best practices, or experience demonstrate that improvement is warranted. Waiting a full two years to correct a deficiency is neither required nor appropriate.