Arkansas Citizen Participation in Government Act.16-63-502

Aug 29, 2005

Removal of Office

The citizen could petition the circuit court for removal of the municipal official from office, under the authority of A.C.A. § 14-14-1311, for malfeasance, misfeasance, or nonfeasance in office.

14-14-1311. Removal from office.

The circuit court shall have jurisdiction, upon information, presentment, or indictment, to remove any county or township officer from office for incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or nonfeasance in office.

History. Acts 1977, No. 742, § 53; A.S.A. 1947, § 17-3613.

21-12-302. Removal for conviction of certain offenses.

(a) Upon conviction of any county or township officer for an offense involving incompetency, corruption, gross immorality, criminal conduct amounting to a felony, malfeasance, misfeasance, or nonfeasance in office, a part of the sentence of the circuit court having jurisdiction shall be to remove such officer from office.
(b) The clerk of the court at the close of the term shall transmit to the Governor a certified transcript of the information or indictment, with the judgment of the court thereon.

(c) The vacancy shall be filled as may be prescribed by law at the time the vacancy occurs.

History. Acts 1877, No. 63, § 2, p. 64; C. & M. Dig., § 10336; Pope's Dig., § 14336; Acts 1963, No. 83, § 2; A.S.A. 1947, § 12-2102.

Liability of State and Local Governments.(external link to Arkansas State Code- non anotated)

OOPS! This link SUDDENLY went haywire so check this out in the mean time: Click Here!

5-52-107. Abuse of office.

(a) A person commits the offense of abuse of office if, being a public servant and with the purpose of benefiting in a pecuniary fashion himself or another person or of harming another person, he knowingly commits an unauthorized act which purports to be an act of his office or omits to perform a duty imposed on him by law or clearly inherent in the nature of his office.
(b) Abuse of office is a Class B misdemeanor.

History. Acts 1975, No. 280, § 2707; A.S.A. 1947, § 41-2707.

5-52-106. Misuse of confidential information.

(a) A public servant commits the offense of misuse of confidential information if, in contemplation of official action by himself or a governmental unit with which he is associated or in reliance on information to which he has access in his official capacity and which has not been made public, he:
(1) Acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; or

(2) Speculates or aids another to speculate on the basis of this information.

(b) Misuse of confidential information is a Class A misdemeanor.

History. Acts 1975, No. 280, § 2706; A.S.A. 1947, § 41-2706.

Chapter 54.
Obstructing Governmental Operations.(external link to Arkansas Code non anotated)

5-54-122. Filing false report with law enforcement agency.

(a) For the purpose of this section, "report" means any communication, either written or oral, sworn or unsworn.
(b) A person commits the offense of filing a false report if he files a report with any law enforcement agency or prosecuting attorney's office of any alleged criminal wrongdoing on the part of another knowing that such report is false.

(c)(1) Filing a false report is a Class D felony if:

(A) The crime is a capital offense, Class Y felony, Class A felony, or Class B felony; or

(B) The agency or office to whom the report is made has expended in excess of five hundred dollars ($500) in order to investigate said report, including the costs of labor; or

(C) Physical injury results to any person as a result of the false report; or

(D) The false report is made in an effort by the person filing said false report to conceal his own criminal activity; or

(E) The false report results in another person being arrested.

(2) Otherwise, filing a false report is a Class A misdemeanor.

History. Acts 1989, No. 690, §§ 1-3.