Who has the legal authority to give a raise to a county tax collector's office staff or a county circuit clerk's office staff in Arkansas?

Subject

Who may approve raises for employees of elected Arkansas county officials, what salary is funded when a raise lacked quorum court approval, and whether the quorum court may ratify such a raise.

Plain-English summary

Senator Stephanie Flowers asked three questions about county employee raises. The AG concluded that the county quorum court alone sets and appropriates salary increases for employees of elected county officials. A county board or committee can recommend a raise but cannot set or appropriate it. The county judge administers the quorum court's appropriation and may veto its decision; the quorum court may override the veto by a three-fifths vote of its full membership.

If a raise is improper because it lacked the quorum court's setting and appropriation, the county does not fund the increase until the quorum court passes an ordinance approving and appropriating it. The employee continues to receive the previously approved salary, if that salary was set and appropriated by the quorum court. The AG expressly left open a different kind of defect: “some other deficiency that has nothing to do with quorum court review and approval.” He lacked facts to decide the funding question in that scenario.

The quorum court may ratify an improperly increased salary, but the opinion adds that the raise is not valid “unless and until the quorum court lawfully appropriates and approves it.” The opinion does not say a ratification operates retroactively or resolve whether payments made before approval may be recovered.

What this means for you

If you are an elected county official

Bring a proposed employee raise to the quorum court for lawful salary setting and appropriation. The AG says you cannot increase an employee's salary without its approval. A favorable committee recommendation alone does not supply the court's approval.

If you serve on the quorum court

Your court may set and fund the raise, and it may ratify one that was not properly approved earlier. The AG conditions validity on lawful approval and appropriation. He does not prescribe a recovery process for past payments or say that ratification validates them retroactively.

If you are a county judge

The AG says you execute the quorum court's appropriations as an administrative officer and may veto a salary decision. You cannot raise or lower a salary without the quorum court's ordinance; the court may override a veto with three-fifths of its full membership.

If you work in county payroll

For a raise that bypassed quorum court approval, the AG says the county does not fund the increase until approval and appropriation, while the employee's previously approved salary remains payable. The opinion does not decide any repayment, clawback, or personal liability for an earlier payment.

If you advise on a disputed raise

Determine why the raise was called improper. The AG's funding answer covers the absence of quorum court salary setting or appropriation. He says he lacks facts to decide an unrelated defect, and does not analyze particular meeting or ordinance defects.

Common questions

Can an elected county official or pay committee approve a raise alone?

No. The AG says the quorum court alone may set and appropriate county employee pay increases. Boards and committees may recommend changes but cannot replace the court's action.

What salary is payable when a raise was made without quorum court approval?

The county does not fund that increase until the quorum court lawfully approves and appropriates it. The employee still receives the salary previously set and appropriated by the court, if there was one.

Can the quorum court ratify an improper raise?

Yes, according to the AG. He also says the raise is not valid until the quorum court lawfully appropriates and approves it. He does not address retroactive effect or recovery of past payments.

What if a defect has nothing to do with quorum court approval?

The AG expressly declined to decide how much the county should fund in that situation because he lacked the facts.

Background and statutory framework

Arkansas Constitution Amendment 55, § 4 gives the quorum court power to fix the number and compensation of county employees. The opinion quotes A.C.A. § 14-14-1206(a): “The quorum court of each county shall, by ordinance, fix the number and compensation of all county employees.” A.C.A. § 14-14-1203(a) requires specific quorum court appropriation for compensation. Amendment 55, § 3 gives the county judge veto power, and § 4 permits override by three-fifths of the court's full membership.

For ratification, the AG cites A.C.A. § 14-14-907(b), which permits the quorum court to adopt, amend, or repeal an appropriation ordinance incorporating all or part of a county budget. His conclusion is limited to the court's authority to ratify and the need for lawful approval and appropriation before the raise is valid.

Citations

• Ark. Const. amend. 55, §§ 3, 4
• A.C.A. §§ 14-14-1203(a), 14-14-1206(a), 14-14-907(b)
• Venhaus v. Pulaski Cnty. Quorum Ct., 291 Ark. 558, 726 S.W.2d 668 (1987)
• Beaumont v. Adkisson, 267 Ark. 511, 593 S.W.2d 11 (1980)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2025-011
March 14, 2025
The Honorable Stephanie Flowers
State Senator
217 South Main Street
Pine Bluff, Arkansas 71601
Dear Senator Flowers:
I am writing in response to your request for my opinion concerning the procedures for county employee salary increases. You specifically ask three questions:

1. What is the process for increasing the salaries of employees of elected county officials—
   such as employees of the county judge, tax collector, and circuit clerk? Brief response: As discussed further in the opinion, the county quorum court has the sole authority to set and appropriate increases in the salaries of employees of elected county officials. And while the county judge may veto a quorum court’s decision to increase county-employee salaries, the quorum court may override that veto.
2. If an employee’s salary was improperly increased, how much of the salary should the
   county fund: none of it, the salary before the improper increase, or the improperly increased salary? Brief response: If the increase was improper because someone gave a salary increase without the quorum court’s appropriation or setting of the salary increase, then the county would not fund any of that increase until the quorum court passes an ordinance appropriating and setting the increase. The employee would still receive the salary he or she was making before the improper increase if that salary was already set and appropriated by the quorum court.
3. Can the quorum court ratify an improperly increased salary?
   Brief response: Yes. The Honorable Stephanie Flowers
   State Senator
   Opinion No. 2025-011
   Page 2
   DISCUSSION
   Question 1: What is the process for increasing the salaries of employees of elected county officials—such as employees of the county judge, tax collector, and circuit clerk? One cannot increase the salaries of county employees of elected county officials without the quorum court’s approval.1 It is the county quorum court that has the sole authority both to set the salaries of county officials and employees and to appropriate the funds for those increases.2 Although the applicable statutes do not define “salary,”3 that word commonly means “compensation for services … [usually] paid at regular intervals on a yearly basis.”4 But “compensation” more broadly includes “salary, hourly compensation, expense allowances, training expenses, and other remuneration.”5 This also means that any county board or committee that reviews and recommends county employee pay raises to the quorum court could still recommend such increases but could not themselves set and appropriate them because only the quorum court as a whole can do that.6 The county judge can then execute the quorum court’s appropriations as an administrative officer.7 But a county judge cannot raise or lower a salary that is not authorized by the quorum court’s ordinance setting and appropriating those funds.8 And while the county judge has veto power over such quorum court decisions,9 the quorum court can override the veto.10 If the county judge vetoes 1 See Ark. Const. amend. 55, § 4. 2 Id. (providing that “the Quorum Court shall have the power to … fix the number and compensation of deputies and county employees”); A.C.A. §§ 14-14-801(a)(b)(6) (authorizing the quorum court to “exercise local legislative authority” concerning the “fix[ing] [of] the number and compensation of deputies and county employees”), 14-14- 1206(a) (“The quorum court of each county shall, by ordinance, fix the number and compensation of all county employees”), 14-14-1203(a) (“All compensation, including salary, hourly compensation, expense allowances, and other remunerations, allowed to any county or township officer, or employee thereof, shall be made only on specific appropriation by the quorum court ….”); Venhaus v. Pulaski Cnty. Quorum Ct., 291 Ark. 558, 563, 726 S.W.2d 668, 670, order clarified, 292 Ark. 296, 729 S.W.2d 13 (1987); Ark. Att’y Gen. Op. 2015-020. 3 See, e.g., Ark. Att’y Gen. Op. 2018-013. 4 Salary, Black’s Law Dictionary 1607 (12th ed. 2024). 5 See A.C.A. § 14-14-1203(b). 6 See, e.g., Ark. Att’y Gen. Op. 2004-024. 7 Beaumont v. Adkisson, 267 Ark. 511, 515, 593 S.W.2d 11, 14 (1980); see also Ark. Att’y Gen. Op. 2004-358. 8 See Ark. Const. amend. 55, § 4. 9 See Ark. Const. amend. 55, § 3 (providing that the county judge “preside[s] over the Quorum Court without a vote but with the power of veto”); Ark. Att’y Gen. Op. 81-038. 10 Ark. Const. amend. 55, § 4 (providing that the quorum court has “the power to override the veto of the County Judge by a vote of three-fifths of the total membership”); Venhaus, 291 Ark. at 561, 726 S.W.2d at 669. The Honorable Stephanie Flowers State Senator Opinion No. 2025-011 Page 3 an appropriation ordinance, and the quorum court does not override the veto, the vetoed ordinance does not take effect, and the county judge would not have an appropriation to spend from.11 Question 2: If an employee’s salary was improperly increased, how much of the salary should the county fund: none of it, the salary before the improper increase, or the improperly increased salary? The answer depends on how the salary was improperly increased. If the increase was improper because someone gave a salary increase without the quorum court’s appropriation or setting of the salary increase, then the county would not fund any of that increase until the quorum court passes an ordinance appropriating and setting the increase.12 The employee would still receive the salary the employee was making before the improper increase if that salary were already set and appropriated by the quorum court. But to the extent that the increase was improper because of some other deficiency that has nothing to do with quorum court review and approval, I lack the facts to definitely conclude how much of the salary the county should fund. Question 3: Can the quorum court ratify an improperly increased salary? Because the quorum court has the authority to set the salaries of county employees (including issuing raises),13 it also has the final authority to set and approve the salaries of county employees including any increases in salary. Quorum courts cannot delegate this authority.14 A quorum court may “adopt, amend, or repeal an appropriation ordinance which incorporates by reference the provisions of any county budget or portion of a county budget, or any amendment thereof.”15 Thus, while the quorum court may ratify an improperly increased salary—like one that did not legally go through the quorum court—such a raise is not valid unless and until the quorum court lawfully appropriates and approves it. Assistant Attorney William R. Olson prepared this opinion, which I hereby approve. Sincerely, TIM GRIFFIN Attorney General 11 See Ark. Att’y Gen. Op. 81-038. 12 See, e.g., Ark. Const. amend. 55, § 4; Ark. Att’y Gen. Op. 2004-024. 13 Ark. Const. amend. 55, § 4; A.C.A. §§ 14-14-801(a)(b)(6), 14-14-1206(a), 14-14-1203(a). 14 See, e.g., Ark. Att’y Gen. Op. 2004-024. 15 A.C.A. § 14-14-907(b).