Termination of Service

Ark. Code Ann. tit. 21, ch. 12

in effect

Ark. Code Ann. § 21-12-101 Limitation of employment for preparers of certain grant applications.

(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 of state or federal funds. (b) Any person violating this section shall be guilty of a violation and subject to a fine not exceeding five thousand dollars ($5,000).

Ark. Code Ann. § 21-12-102 Discharge of employee for falsifying employment application.

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.

(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 that any employee of this state is guilty of discrimination based upon race, creed, religion, national origin, age, sex, or gender, such determination shall be grounds for dismissal from employment.

Ark. Code Ann. § 21-12-201 Definitions.

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 shall state with reasonable certainty the misdemeanors in office for which the officer is impeached, and, if there is more than one (1), the misdemeanors shall be stated separately and distinctly; and (2) “Impeachment” means the prosecution, by the House of Representatives before the Senate, of the Governor or other civil officer for misdemeanor in office.

Ark. Code Ann. § 21-12-202 Suspension of impeached officer.

(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 House of Representatives to the Senate, that another President of the Senate may be appointed. (c) In all cases of impeachment of any officer of this state, the Governor is authorized to appoint some suitable person to perform the functions of the office from which the officer is suspended until the case of impeachment is disposed of by trial or otherwise, according to law. The person so appointed shall receive the same salary and emoluments as the officer impeached.

Ark. Code Ann. § 21-12-203 Initiation of proceedings.

(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 for hearing the impeachment. (c)(1) The accused shall be summoned by a precept issued by the Secretary of State to appear on that day. (2) The precept shall be served by delivering a copy of the precept and of the articles of impeachment to the accused in person, if to be found, or by leaving the copies at his or her residence with some member of his or her family over sixteen (16) years of age. (d)(1) Upon the appearance of the accused, he or she shall have reasonable time to answer the impeachment, and when the answer shall be filed, the committee may reply thereto. (2) When issue shall be joined on any such impeachment, the Senate shall appoint a time for the trial. (e) If the accused shall not appear after being notified, or after appearing shall fail to answer, the Senate may proceed ex parte.

Ark. Code Ann. § 21-12-204 Attendance of witnesses.

(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 chair of the committee prosecuting the impeachment, or of the accused, shall issue process for summoning witnesses and for producing books and papers. (2) In case of disobedience of the process, the Senate shall order the clerk to issue process for arresting the witnesses and seizing the books and papers, which process may be executed by the peace officers of the counties or by officers especially appointed for that purpose by the Senate. (c) Witnesses shall have the same compensation for travel and attendance, and the same exemption in going, remaining, and returning, as witnesses in the circuit courts. (d) Officers executing the process and orders of the Senate shall have like fees for their services.

Ark. Code Ann. § 21-12-205 Depositions of witnesses.

(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 where the witness is without the limits of the state. (b) Depositions shall be taken in the same manner, and the same notice shall be given, as where depositions are to be taken in the circuit court.

Ark. Code Ann. § 21-12-206 Trial.

(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 according to the law and evidence.” (b)(1) The members being sworn, the Senate shall proceed to hear, try, and determine the impeachment and may adjourn the trial to any other time. (2) The Senate shall determine questions of law arising during the trial, upon the admissibility of evidence, the competency of witnesses, and otherwise. (3) The Senate may punish any person for contempt committed toward the Senate or for obstructing the administration of justice on the trial, in as full a manner as any court of record could do for a like contempt toward the court. (c) In all impeachment trials, the accused shall have a right to be heard by himself or herself and his or her counsel. (d)(1) All votes on any question whatever shall be given viva voce and entered on the journals. (2) No judgment or sentence of conviction shall be given against any person upon any impeachment without the concurrence of two-thirds (2/3) of the senators elected. (3) The Senate shall determine what amount of absence of a senator during the trial shall exclude the senator from voting in the final decision.

Ark. Code Ann. § 21-12-207 Transcript of proceedings.

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 the office of the Secretary of State.

Ark. Code Ann. § 21-12-208 Decision no bar to indictment.

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.

(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 motion by the Attorney General in the Pulaski County Circuit Court, at the first term thereof, without notice, or afterward on notice. (b)(1) If the impeachment is prosecuted on the petition of some citizen of the state, whose name is set at the foot of the articles of impeachment, the petitioner shall be liable for the costs of the accused if he or she is acquitted and also for the costs of prosecuting the impeachment, and, in that case, the state shall not be liable to pay any part of the costs. (2)(A) If the accused is convicted, the petitioner shall be entitled to recover from the accused the costs of the impeachment, for which the accused is liable. (B) The costs shall be taxed by the Secretary of the Senate and recovered by suit in a court of competent jurisdiction.

Ark. Code Ann. § 21-12-301 Suspension upon charge of shortage of county funds.

(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 court shall order that the officer be immediately suspended from his or her office during the pendency of the judicial proceeding. (b) If a county elective, county quorum court district, or township officer is jailed in connection with a shortage of county funds reported by Arkansas Legislative Audit, he or she shall be suspended immediately from office during the pendency of the judicial proceeding by the circuit court upon the filing of information of the imprisonment.

Ark. Code Ann. § 21-12-302 Removal for conviction of certain offenses.

(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 remove the officer from office; and (2) The circuit clerk shall transmit a certified copy of the judgment of the circuit court and the information, presentment, or indictment to the Governor, county judge, and county clerk. (b) The vacancy shall be filled as may be prescribed by law at the time the vacancy occurs.

Ark. Code Ann. § 21-12-303 Appointment of temporary replacement.

(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. (b) . If a county elective officer is suspended from office under § 21-12-301, within thirty (30) days of the order of suspension the county quorum court 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.

Ark. Code Ann. § 21-12-304 Public service not grounds for termination, demotion, etc.

(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 member of the General Assembly, as an election official, as a juror, as an elected official of any office which is not otherwise prohibited by the Arkansas Constitution, or in the performance of any duty required under the laws of this state. (b)(1) If any official of any county, city, or school district in this state violates the provisions of subsection (a) of this section, the official shall be guilty of malfeasance in office and shall forfeit his or her office or position of employment and shall be guilty of a misdemeanor. (2) Upon conviction, he or she shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) and imprisonment for not less than ten (10) days nor more than thirty (30) days.

Ark. Code Ann. § 21-12-401 Officer to deliver official records — Penalty for noncompliance.

(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 delivering the records, books, and papers, his or her executor or administrator shall deliver such records, books, and papers to his or her successor. (b) If any officer, or the executor or administrator of any officer, shall fail to deliver the records, books, and papers, he or she shall forfeit any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) to be recovered by civil action, information, or indictment for the use of the county, and he or she shall pay to the person injured by the detention of records, books, and papers all damages which he or she may have sustained in consequence of the detention.

Ark. Code Ann. § 21-12-402 Private person to deliver official records — Penalty for noncompliance.

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 provided in this subchapter in cases of officers.

Ark. Code Ann. § 21-12-403 Issuance of warrant to seize and deliver records.

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 facts, may issue a warrant directed to some sheriff or coroner, commanding him or her to seize all the records, books, and papers appertaining to the office, and deliver them to the proper officer, who shall be named in the warrant.

Ark. Code Ann. § 21-12-404 Notice of application for warrant.

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.

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 warrant and bring him or her before a judge or justice of the peace for obstructing the execution of process.

Ark. Code Ann. § 21-12-406 Failure to execute warrant — Recovery.

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.

(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 interested, commanding them to appear before him or her at a time and place named in the citation, which shall be served by the sheriff or coroner. (b) The judge issuing the citation shall have power to enforce obedience by attachment. The judge shall proceed in a summary manner, determine according to right and justice, and may issue his or her warrant for the restoration of any books, records, or papers found to have been improperly seized.

Ark. Code Ann. § 21-12-501 Intent.

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.

(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, grades, and position numbers which were eliminated by privatization. (3) The report shall also explain how the determination was made as to which employees were terminated and give the effective date of termination. (b) The agency, institution, board, or commission shall not fill the positions of the state employees terminated due to privatization.

Ark. Code Ann. § 21-12-503 Eliminated positions to be removed from budget.

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.

(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 layoff. (c) It is the responsibility of the office and the Bureau of Legislative Research to ensure that the eliminated positions are removed from the agency's, institution's, board's, or commission's budget for the next biennium. (d) This section does not apply to institutions of higher education.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.21.htmlFetched: 11/8/2026