Title 21 — Public Officers and Employees
15 chapters · 492 sections in this title.
Ark. Code Ann. § 21-12-101 Limitation of employment for preparers of certain grant applications
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(a) For a period of one (1) year after leaving state employment, a person whose principal function in state employment is to apply for or assist in the preparation of applications for state or federal grants shall not assist, for compensation, another person applying for a grant …
Ark. Code Ann. § 21-12-102 Discharge of employee for falsifying employment application
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Any person who is employed by the State of Arkansas and who falsified the employment application by alleging to have earned a college degree which in fact was not earned shall be terminated from employment with the state.
Ark. Code Ann. § 21-12-103 Dismissal of employee for prohibited discrimination
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(a) Every state agency shall include in its personnel manual a statement that discrimination by any officer or employee based upon race, creed, religion, national origin, age, sex, or gender shall constitute grounds for dismissal. (b) When it is determined by any court of law tha…
Ark. Code Ann. § 21-12-201 Definitions
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(1) In this subchapter:(1) “Articles of impeachment” means the written accusation of the officer, drawn up and approved by the House of Representatives. The articles of impeachment shall state with reasonable certainty the misdemeanors in office for which the officer is impeached…
Ark. Code Ann. § 21-12-202 Suspension of impeached officer
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(a) When any officer shall be impeached, he or she is declared to be suspended from exercising his or her office, after he or she shall be notified thereof, until he or she is acquitted. (b) If the President of the Senate be impeached, notice shall be immediately given by the Hou…
Ark. Code Ann. § 21-12-203 Initiation of proceedings
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(a) When articles of impeachment have been approved by the House of Representatives and impeachment ordered, a committee shall be appointed to prosecute the impeachment, whose chair, within five (5) days, shall bring the same before the Senate. (b) The Senate shall appoint a day …
Ark. Code Ann. § 21-12-204 Attendance of witnesses
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(a) The Senate shall have power of coercing the attendance of witnesses and of compelling them to testify and of coercing the production of books and papers, by fine and imprisonment to such extent as shall be necessary. (b) (1) The Secretary of the Senate, at the request of the …
Ark. Code Ann. § 21-12-205 Depositions of witnesses
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(a) The President of the Senate, on the application of the accused, or any of his or her counsel, or of the chair of the committee prosecuting the impeachment, shall issue commissions to take depositions where the witness is unable to attend from sickness or other infirmity or wh…
Ark. Code Ann. § 21-12-206 Trial
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(a) Before the Senate proceeds to try the impeachment, the President of the Senate and every senator present shall take the following oath or affirmation: “I do solemnly swear or affirm that I will faithfully and impartially try the impeachment against A. B., and give my decision…
Ark. Code Ann. § 21-12-207 Transcript of proceedings
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The Secretary of the Senate shall make out a transcript of the proceedings on impeachment and of the judgment of the Senate, whether of conviction or acquittal, which shall be signed by the officer presiding at the trial, attested by the Secretary of the Senate and deposited in t…
Ark. Code Ann. § 21-12-208 Decision no bar to indictment
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The party convicted or acquitted shall, notwithstanding such acquittal or conviction, be subject to indictment, trial, judgment, and punishment for any indictable offense, according to the law of the land.
Ark. Code Ann. § 21-12-209 Allocation of costs
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(a) (1) If the accused is acquitted, he or she shall be entitled to his or her costs, to be taxed by the Secretary of the Senate and paid by the Treasurer of State.(2) If convicted, the accused shall pay the costs, to be taxed by the Secretary of the Senate, and recovered upon a …
Ark. Code Ann. § 21-12-301 Suspension upon charge of shortage of county funds
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(a) If an information, presentment, or indictment is filed in a circuit court against a county elective, county quorum court district, or township officer on a charge involving a shortage of county funds in his or her office reported by Arkansas Legislative Audit, the circuit cou…
Ark. Code Ann. § 21-12-302 Removal for conviction of certain offenses
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(a) Upon conviction of a county elective, county quorum court district, or township officer for an offense involving incompetency, corruption, gross immorality, criminal conduct amounting to a felony, malfeasance, misfeasance, or nonfeasance in office:(1) The circuit court shall …
Ark. Code Ann. § 21-12-303 Appointment of temporary replacement
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(a) If a county quorum court district or township officer is suspended from office under § 21-12-301, the Governor shall temporarily appoint an officer in his or her place who shall hold the office:(1) Until the suspension is lifted; or(2) For the remainder of the term. (1) Until…
Ark. Code Ann. § 21-12-304 Public service not grounds for termination, demotion, etc
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(a) The employment of an employee of any county, city, or school district in the State of Arkansas shall not be terminated by discharge, failure to renew contract, abolition of position, demotion, or transfer upon the grounds of or because of the service of the employee as a memb…
Ark. Code Ann. § 21-12-401 Officer to deliver official records — Penalty for noncompliance
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(a) (1) If any civilian or military officer having any records, books, or papers appertaining to any public office resigns, or his or her office becomes vacant, he or she shall deliver to his or her successor all records, books, and papers.(2) When any officer dies before deliver…
Ark. Code Ann. § 21-12-402 Private person to deliver official records — Penalty for noncompliance
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If any private person shall have or obtain possession of any books, records, or papers appertaining to any public officer, he or she shall deliver them to the officer entitled to them, and if he or she fails so to do, he or she shall be proceeded against in all respects as is pro…
Ark. Code Ann. § 21-12-403 Issuance of warrant to seize and deliver records
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If any person whose office has become vacant, or his or her executor or administrator shall fail to deliver any record, book, or paper to the person entitled to them, any judge of the Supreme Court or circuit court, upon the affidavit of any creditable person, setting forth the f…
Ark. Code Ann. § 21-12-404 Notice of application for warrant
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If any person shall hold over or refuse to deliver such records, books, or papers, he or she shall first have notice of the time and place of the application for a warrant to show cause, if any, why the warrant under § 21-12-403 should not be issued.
Ark. Code Ann. § 21-12-405 Power of officer executing warrant
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The officer executing the warrant issued under § 21-12-403 may break open any doors or other places in which any records, books, or papers named in the warrant may be, or in which he or she may suspect them to be, and may arrest any person who shall resist the execution of the wa…
Ark. Code Ann. § 21-12-406 Failure to execute warrant — Recovery
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If an officer receives a warrant issued under § 21-12-403 and fails to execute or return the warrant, the officer shall be liable to the county in a civil action for an amount between one hundred dollars ($100) and five hundred dollars ($500).
Ark. Code Ann. § 21-12-407 Remedy of person aggrieved by warrant
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(a) Any person aggrieved by a warrant issued under § 21-12-403 may apply to any judge of the Supreme Court or circuit court, who, upon the affidavit of the applicant that injustice has been done or is about to be done by such warrant, shall issue a citation to all persons interes…
Ark. Code Ann. § 21-12-501 Intent
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It is the intent of this subchapter to require state agencies, institutions, boards, and commissions to provide notice to the Legislative Council and the Office of Personnel Management of impending layoffs of state employees due to privatization.
Ark. Code Ann. § 21-12-502 State agencies required to report privatization of a function
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(a) (1) Any state agency, institution, board, or commission which privatizes a function previously performed by state employees shall file a report as soon as possible with the Legislative Council and the Office of Personnel Management.(2) The report shall include the job titles,…
Ark. Code Ann. § 21-12-503 Eliminated positions to be removed from budget
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The Office of Personnel Management and the Bureau of Legislative Research shall ensure that the eliminated positions are removed from the agency, institution, board, or commission budget for the next biennium.
Ark. Code Ann. § 21-12-504 State agencies required to report impending layoffs of state employees
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(a) Any state agency, board, or commission that announces a layoff of state employees shall file a report as soon as possible with the Legislative Council and the Office of Personnel Management. (b) The report shall include the job titles and programs involved in the impending la…