The Arkansas Banker December 2016

Bessie B. Moore Awards

Investing in the Future

ABC’s of Top Performers

The Arkansas

Banker

Banking and

Medical Marijuana

in Arkansas Volume C, No. 12 | December 2016

December 2016 | The Arkansas Banker

1

ABA Live Events ABA Professional Development

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JANUARY 2017 10

| Loan Assistants & Processors Workshop

Crowne Plaza, Little Rock Who Should Attend: Loan Assistants and Loan Processors, Credit Administration Supervisors, and other members of the bank’s loan support staff with credit administration responsibilities

11

| Asset-Based Lending

15

| Call Report Preparation Update

9

| Basic Personal & Business Tax Return Analysis

Crowne Plaza, Little Rock Who Should Attend: CEOs, Chief Lending Officers, Commercial Lenders, Credit Administration Supervisors, Credit Analysts, and loan review staff

FEBRUARY 2017 1

| Human Resources Conference

7

| IRA Advanced Update & Review

Embassy Suites, Little Rock Who Should Attend: Human Resources Professionals & Consultants, Human Resources Compliance Officers, Training Specialists, Branch Managers, Community Bank CEOs, and Bank Legal Counsel

Crowne Plaza, Little Rock Who Should Attend: Anyone responsible for preparing, auditing, or signing the call report

Crowne Plaza, Little Rock Who Should Attend: Personnel in New Accounts, CDs, Trust, Investments and Savings Departments who are involved in the opening, selling, and administration of IRA accounts

MARCH 2017 6 | Best Practices for Real Estate & Commercial Lending

Holiday Inn Presidential, Little Rock Who Should Attend: Commercial Lenders, Credit Analysts, Loan Documentation Specialists, Branch Managers, Private Bankers, and Business Development Officers

Little Rock Who Should Attend: Commercial Lenders, Credit Analysts, Consumer Lenders, Loan Documentation Specialists, Branch Managers, Assistant Branch managers, Private Bankers, and Business Development Officers

8 | Key Ratio Analysis: Calculating the Numbers Correctly

Little Rock Who Should Attend: Commercial Lenders, Credit Analysts, Loan Documentation Specialists, Relationship Managers, Branch managers, Private Bankers, Business Development Officers

For more information about ABA Live Events, log on to www.arkbankers.org or call 501.376.3741

2

The TheArkansas ArkansasBanker Banker || December December2016 2016

The Arkansas

Banker Volume C, No. 12 | December 2016

The Arkansas Banker is the official publication of the Arkansas Bankers Association.

EDITORIAL OFFICE

1220 West Third Street Little Rock, AR 72201 Phone 501.376.3741 | Fax 501.376.9243 www.arkbankers.org

EDITORIAL

The Arkansas Banker seeks to reflect the banking news of Arkansas and other news of direct interest to the Arkansas Bankers Association. Statement of fact and opinion are made on the responsibility of the authors alone and do not represent the opinion or endorsement of the Arkansas Bankers Association. Articles may be reproduced with written permission only.

CONTENTS COLUMNS

President’s Column

6

Chairman’s Column

DEPARTMENTS

Bill Holmes

Sean Williams

23 Banker News & Moves 23 Index of Advertisements 10 Investing in the Future of Arkansas Banking 12 The ABC’s of Top Performers

By Becky McCrary

14 One Way Arkansas Employers

Can Prepare for a

Trump Administration

ADVERTISEMENT

The publication of advertisement does not necessarily represent endorsement of those products or services by the Arkansas Bankers Association. The Editor reserves the right to refuse any advertisement.

4

FEATURES

By Neemah Aaron Esmaeilpour

15 Human Resources Conference 16 Teachers Honored for

Outstanding Economics &

Personal Finance Education

SUBSCRIPTION

Subscription to The Arkansas Banker magazine, which began monthly publication in April 1917, is included in the membership fees to the Arkansas Bankers Association.

18 Fall Conference Wrap-Ups 22 Is Your Website ADA Compliant?

MAGAZINE RATES

By Meredith M. Causey

Cover price is $5.95 each. Annual subscription rates are $40.00 for members and $60.00 for non-members.

The Arkansas Banker (ISSN 004-1726) is published monthly by the Arkansas Bankers Association, 1220 West Third Street, Little Rock, AR 72201.

Phone: 501.376.3741. Periodical postage paid at Little Rock, AR. POSTMASTER: Send address changes to Arkansas Bankers Association, 1220 West Third Street, Little Rock, AR 72201.

COVER STORY Banking and Medical Marijuana in Arkansas — It’s Still Illegal

By Daniel J. Beck

See page 8 December 2016 | The Arkansas Banker

3

PRESIDENT’S COLUMN Twas the Night Before Christmas:

A Politically Correct Christmas Poem Twas the night before Christmas and Santa’s a wreck…

How to live in a world that’s politically correct?

His workers no longer would answer to “Elves,” “Vertically Challenged” they were calling themselves.

And to show you the strangeness of life’s ebbs and flows, Rudolf was suing over unauthorized use of his nose And had gone on Geraldo, in front of the nation, Demanding millions in over-due compensation.

And labor conditions at the North Pole Were alleged by the union to stifle the soul.

Four reindeer had vanished, without much propriety, Released to the wilds by the Humane Society.

So, half of the reindeer were gone; and his wife, Who suddenly said she’d enough of this life, Joined a self-help group, packed, and left in a whiz, Demanding from now on her title was Ms.

And equal employment had made it quite clear That Santa had better not use just reindeer.

So Dancer and Donner, Comet and Cupid, Were replaced with four pigs, and you know that looked stupid!

And as for the gifts, why, he’d ne’er had a notion That making a choice could cause so much commotion.

Nothing of leather, nothing of fur, Which meant nothing for him. And nothing for her.

Nothing that might be construed to pollute.

Nothing to aim. Nothing to shoot.

Nothing that clamored or made lots of noise.

Nothing for just girls. Or just for the boys.

Nothing that claimed to be gender specific.

Nothing that’s warlike or non-pacifistic.

The runners had been removed from his sleigh; The ruts were termed dangerous by the EPA. And people had started to call for the cops When they heard sled noises on their roof-tops.

Second-hand smoke from his pipe had his workers quite frightened.

His fur trimmed red suit was called “Unenlightened.”

ABA STAFF

BILL HOLMES

PRESIDENT/CEO 501.978.3602 | bill.holmes@arkbankers.org

CARLA BRINKLEY

VP/CONTROLLER 501.978.3608 | carla.brinkley@arkbankers.org

AVA F. ROBERTS

BARRY JACKSON

SVP/COO 501.978.3613 | barry.jackson@arkbankers.org

KAMI T. COLEMAN

VP/PROFESSIONAL DEVELOPMENT 501.978.3614 | kami.coleman@arkbankers.org

TRACI LOGSDON

VP/DIRECTOR OF GOVERNMENT RELATIONS 501.978.3606 | ava.roberts@arkbankers.org

DIRECTOR OF COMMUNICATIONS 501.978.3603 | traci.logsdon@arkbankers.org

JESSICA SAHENE

BRENDA SCARBROUGH

MARKETING COORDINATOR 501.978.3609 | jessica.sahene@arkbankers.org

HEATHER HAILE

COMMUNICATIONS INTERN 501.978.3603 | marketing@arkbankers.org

4

No candy or sweets…they were bad for the tooth.

Nothing that seemed to embellish a truth.

The TheArkansas ArkansasBanker Banker || December December2016 2016

PROFESSIONAL DEVELOPMENT COORDINATOR 501.978.3607 | brenda.scarbrough@arkbankers.org

And fairy tales, while not yet forbidden, Were like Ken and Barbie, better off hidden.

For they raised the hackles of those psychological Who claimed the only good gift was one ecological.

No baseball, no football…someone could get hurt; Besides, playing sports exposed kids to dirt.

Dolls were said to be sexist, and should be passe; And Nintendo would rot your entire brain away.

So Santa just stood there, disheveled, perplexed; He just could not figure out what to do next.

He tried to be merry, tried to be gay, But you’ve got to be careful with that word today.

His sack was quite empty, limp to the ground; Nothing fully acceptable was to be found.

Something special was needed, a gift that he might Give to all without angering the left or the right.

A gift that would satisfy, with no indecision, Each group of people, every religion; Every ethnicity, every hue, Everyone, everywhere…even you.

So here is that gift, it’s price beyond worth…

“May you and your loved ones enjoy peace on earth.”

Copyright ©1992 by Harvey Ehrlich.

ABA EXECUTIVE COMMITTEE

“

PRESIDENT & CEO BILL HOLMES

Wishing you a Merry Christmas and Happy New Year!

”

SEAN WILLIAMS | CHAIRMAN First National Bank of Wynne, Wynne

DAVE DICKSON | CHAIRMAN-ELECT Union Bank & Trust Co., Monticello

Eagle Bank, Little Rock

JUDY LAWTON | TREASURER

ROBERT Y. TAYLOR | PAST CHAIRMAN

BILL HOLMES | PRESIDENT/CEO

Heartland Bank, Little Rock

The Citizens Bank, Rogers

ABA BOARD OF DIRECTORS

PAT ANDERSON | GROUP 5

CATHERINE OWEN | VICE CHAIRMAN

DAVID DOWD | GROUP 1

Arkansas Bankers Association, Little Rock

JON HARRELL | GROUP 3

JERRY MORGAN | GROUP 1

Simmons Bank, Pine Bluff

Cross County Bank, Wynne

Generations Bank, Rogers

Focus Bank, Jonesboro

PHIL BALDWIN | GROUP 2 Citizens Bank, Batesville

TROY DUKE | GROUP 5 Gateway Bank, Rison

Bank of Delight, Delight

DARWIN HENDRIX | GROUP 4

RANDY SCOTT | GROUP 1 Farmers Bank & Trust Co., Blytheville

JIM CARGILL | GROUP 2

DON GIBSON | GROUP 3

J. MICHAEL JONES | GROUP 5

JIM TAYLOR | GROUP 3

Arvest Bank, Little Rock

Legacy National Bank, Springdale

Merchants & Farmers Bank, Dumas

First Security Bancorp, Fayetteville

GENE CRAWFORD | GROUP 5

CHRIS GOSNELL | GROUP 4

CRAIG MOBLEY | GROUP 4

LYNN WRIGHT | GROUP 2

First National Bank of Crossett, Crossett

Farmers Bank & Trust Co., Magnolia

First Financial Bank, El Dorado

SCOTT HANCOCK | GROUP 3

WILSON MOORE | GROUP 2

Centennial Bank, Fayetteville

Regions Bank, Little Rock

Bank of America, Little Rock

December 2016 | The Arkansas Banker

5

CHAIRMAN’S COLUMN Accountability & Serving Our Communities Anger and nervousness — those were my emotions in September when I first heard about the Wells Fargo fiasco and considered the potential backlash to the community banking industry. It’s hard to fathom a bank taking advantage of the people it purports to serve and violating the very trust that serves as a pillar of our organizations. The resultant consumer sentiment and negative spotlight shone brightly on our industry is both disappointing and disgusting. Add national reporting that mostly doesn’t distinguish between a systemically risky megabank and a community bank, and skyscraping frustration levels ensue. My nervousness arises from the realization that we’ve been down a road very similar to this one, and the last time it didn’t end well with the passage of the Dodd Frank Act (reminds me of the Pig Trail on ice)!

I believe every Arkansas banker would agree that when we make mistakes, even do something wrong, there’s a price to pay. It’s the same notion that existed in my home as a child and the same I’ve tried to impress upon my two daughters. It’s called accountability. I know enough bankers in Arkansas and across the country to know that we, as an industry, believe in accountability. When any of us make decisions, we expect to be held accountable and, in fact, our business model demands it. We are all held accountable, and we all should be. That said, a reaction we don’t need now is a policy response that results in increased regulatory demands or inhibits the passage of

bills containing tailored regulatory relief for community banks.

In Arkansas, we are integral parts of the communities we serve and have built relationships on integrity and trust over many decades. We operate from a position of strength because of trust-built relationships and an intimate knowledge and understanding of our communities. It’s a strength that only stems from walking, talking, investing and serving a community day in and day out. Empowered by that fact, it’s imperative that we continue to work diligently to ensure that policymakers and the public understand exactly what we do, and why our industry is so consequential to the success of our state and, ultimately, the entire country.

I greatly encourage you to take part in the ABA’s advocacy efforts today! There are numerous ways to get involved and play a part. Whether it’s via email or social media, written communications or face-to-face meetings, the channels are in place and the Arkansas Bankers Association is ready to assist you and your team. Please consider joining other Arkansas bankers March 20-22, 2017, as we participate in the American Bankers Association Government Relations Summit in Washington, D.C. We’ll receive timely and relevant industry updates while meeting with our delegation concerning key industry issues in 2017 and beyond. I hope to see you there!

In closing, I want to wish you a very Merry Christmas! This time of year is incredibly special

CHAIRMAN SEAN WILLIAMS President & CEO First National Bank of Wynne

and always leads me to reflect on the many things in life for which I am thankful. In America, in Arkansas, and in banking, we sometimes focus much of our time and effort on the challenges before us (see comments above!).

In spite of challenges, we are unquestionably a blessed people, nation and industry. It is a privilege to be a member of the Arkansas banking community, and I am thankful for great friends across our state and the privilege to serve as your chairman.

ABA EMERGING LEADERS SECTION COUNCIL

6

Stone Bank, Little Rock

BLAKE FLETCHER | PRESIDENT

JOHN ANDERSON | VICE PRESIDENT Malvern National Bank, Little Rock

GEORGE PURVIS | SEC./TREAS. Cornerstone Bank, Eureka Springs

EDUARDO ABRIL | GROUP 4 First State Bank of DeQueen, DeQueen

BURT HICKS | GROUP 5 Simmons Bank, Pine Bluff

HUNTER NORTON | GROUP 3 First Security Bank, Fayetteville

NATALIE BARTHOLOMEW | GROUP 3 First National Bank of NWA, Rogers

BLAKE JOHNSON | GROUP 1 Evolve Bank, Jonesboro

BEN RIDINGS | GROUP 2 Bank of the Ozarks, Little Rock

JOHN BOLLINGER | GROUP 3 Simmons Bank, Fayetteville

MATT LAFORCE | GROUP 2 First Security Bank, Searcy

RACHEL SCHWARTZ | GROUP 4 Farmers Bank & Trust, Texarkana

BRANDON GENTRY | GROUP 1 Cross County Bank, Wynne

JAMES LYLE | GROUP 5 McGehee Bank, McGehee

SANDY STARNES | GROUP 2 The Citizens Bank, Batesville

ROBERT HARGIS | GROUP 5 The Citizens Bank, Monticello

RYAN MOORE | GROUP 1 Centennial Bank, Jonesboro

HUNTER WINDLE | GROUP 4 The Malvern National Bank, Malvern

The Arkansas Banker | December 2016

ABA Webinars ABA Professional Development

Webinars...

Provide the option of training as many employees as you wish for one price, all from the convenient location of your home institution!

WEDNESDAY, JANUARY 4

THURSDAY, JANUARY 12

WEDNESDAY, JANUARY 25

Negotiation Skill Building To Improve Business Development 1:30 p.m.-3:30 p.m.

Dealing With Subpoenas, Summonses, Etc. 10:00 a.m.- 12:00 p.m.

Handling Loan Applications: What Can Go Wrong?

1:30 p.m.-3:30 p.m.

Safe Deposit Box Access When Your Renter Dies 10:00 a.m.- 12:00 p.m.

Creating the Right ERM Program for YOUR Community Bank 1:30 p.m.-3:30 p.m.

THURSDAY, JANUARY 5 Getting Ready for CECL 10:00 a.m.- 12:00 p.m.

Lending To Local Government Units 1:30 p.m.-3:30 p.m.

FRIDAY, JANUARY 6 Plan To Fail Well – Incident Response 10:00 a.m.- 12:00 p.m.

MONDAY, JANUARY 9 Basic Business Entities & Other Commercial Borrowers 10:00 a.m.- 12:00 p.m.

Scrubbing and Submitting 2016 HMDA Data 1:30 p.m.-3:30 p.m.

TUESDAY, JANUARY 10 Best-Ever Compliance Checklist for Consumer Loans 1:30 p.m.-3:30 p.m.

WEDNESDAY, JANUARY 11 Open Accounts for Nonresident Aliens 10:00 a.m.- 12:00 p.m.

CRA Nuts & Bolts: Five Steps To Pass the Exam 1:30 p.m.-3:30 p.m.

TUESDAY, JANUARY 17

THURSDAY, JANUARY 26

Problem Loan Workout in Today’s Economy 9:00 a.m. – 3:00 p.m.

The New HMDA Rule: Implementation Challenges 1:30 p.m.-3:30 p.m.

Loan Underwriting Mistakes 10:00 a.m- 12:00 p.m.

Compliance Perspectives: A Monthly Update 1:00 p.m.-2:00p.m.

Advertising Compliance 1:30 p.m.-3:30 p.m.

WEDNESDAY, JANUARY 18 20 Legal Account Ownerships, Legal Documentation & More 10:00 a.m.- 12:00 p.m.

Online Deposit Account Opening 1:30 p.m.-3:30 p.m.

THURSDAY, JANUARY 19 Will Your Front Line Cost You Millions?

10:00 a.m.- 12:00 p.m.

Implementing the New Beneficial Ownership Rules 1:30 p.m.-3:30 p.m.

TUESDAY, JANUARY 24 Right of Set-off 10:00 a.m.- 12:00 p.m.

FRIDAY, JANUARY 27 ACH Rules Update 10:00 a.m- 12:00 p.m.

MONDAY, JANUARY 30 Flood Insurance Review and Update 1:30 p.m.-3:30 p.m.

TUESDAY, JANUARY 31 Commercial Loan Write-Up/Loan Committee Presentation Skills 9:00 a.m. – 3:00 p.m.

THURSDAY, FEBRUARY 2 Onboarding Your New Hire 1:30 p.m. - 3:30 p.m.

For more information about ABA Webinars, log on to www.arkbankers.org or call 501.376.3741

December 2016 | The Arkansas Banker

7

Banking and Medical Marijuana in Arkansas – It’s Still Illegal This November Issue 6, titled “The Arkansas Medical Marijuana Amendment of 2016,” was approved by a majority of Arkansas voters and will amend the Arkansas Constitution to allow the use and distribution of medical marijuana. However, the first sentence of the Amendment acknowledges that “marijuana use, possession, and distribution for any purpose remain[s] illegal under federal law...” Regardless of the change to the Arkansas Constitution, banks remain prohibited from offering banking services to those who operate medical marijuana dispensaries and cultivation facilities, and third parties that do business with such parties.

Controlled Substances Act

Marijuana is still a Schedule I Controlled Substance under the Controlled Substances Act, so any activity related to the use and sale of marijuana is illegal. The Bank Secrecy Act (“BSA”) prohibits any bank from knowingly assisting in processing the proceeds of an illegal transaction and requires the reporting of known or suspected criminal violations of federal law or a suspicious transaction related to a violation of the BSA through a Suspicious Activity Report (“SAR”). While 28 states and the District of Columbia have legalized the use of marijuana, either for medical purposes or for recreation, Congress has not removed marijuana as a Schedule I Controlled Substance or provided an exemption for banks offering services to marijuanarelated businesses.

FinCEN Guidance

The only guidance for banks is from the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”), the organization responsible for overseeing SARs. On February 14, 2014, in conjunction with a memorandum by James M. Cole, the Deputy Attorney General for the Department of Justice (“DOJ”) (the “Cole Memo”), FinCEN released a guidance memorandum addressing how banks can provide services to marijuana-related businesses consistent with their BSA obligations. FinCEN reiterated that while marijuana remains illegal, the DOJ’s enforcement actions pursuant to the Cole

8

The Arkansas Banker | December 2016

Memo should focus on the following priorities: Preventing the distribution of marijuana to minors; Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; Preventing the diversion of marijuana from states where it is legal under state law in some form to other states; Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; Preventing violence and the use of firearms in the cultivation and distribution of marijuana; Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and Preventing marijuana possession or use on federal property.

If a bank wishes to offer services to a marijuana-related business, FinCEN recommends that banks conduct customer due diligence, including: (i) verifying the business is duly licensed and registered to sell marijuana; (ii) reviewing the license application and related documents submitted to the licensing authorities; (iii) requesting the available information about the business and related parties from the licensing and enforcement authorities; (iv) developing an understanding of the normal and expected activity for the business, including the products to be sold and the type of customers to be served; (v) ongoing monitoring of publicly available sources for adverse information about the business and related parties; (vi) ongoing monitoring for suspicious activity; and (vii) refreshing information obtained as part of ongoing customer due diligence.

Banks doing business with known marijuana-related businesses in which one of the Cole Memo priorities is not implicated will

still have to file a “Marijuana Limited” SAR, stating that the SAR is being filed solely because the customer is engaged in a marijuana-related business, and file continuing activity reports thereafter. If the bank determines at some point the marijuanarelated business implicates one of the Cole Memo priorities or violates state law, it will need to file a “Marijuana Priority” SAR, and a “Marijuana Termination” SAR if the bank deems it necessary to terminate the relationship with the marijuanarelated business.

Even with the guidance from the DOJ and FinCEN, banks continue to refuse to provide services to marijuana-related businesses in states where marijuana use has been approved by state government because providing such services is illegal. To complicate matters further, an employee, landlord, vendor, or other third party contractor of a marijuana-related business is receiving the direct proceeds of an illegal activity, which is illegal.

If a bank knows the funds received by such third parties are from a marijuana-related business, a bank would be participating in the illegal activity by allowing the funds to flow through the bank. Therefore many banks simply refuse to open accounts or close existing accounts with such third parties.

Prosecution of Medical Marijuana

Since medical marijuana was approved in California in 1996 the DOJ has continued to prosecute marijuana-related businesses, including medical marijuana dispensaries and cultivation facilities. However, in 2014 Congress passed a rider to an appropriation bill which restricted funds from the DOJ for any effort to restrict certain states from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana. Because of the appropriation rider, the 9th Circuit Court of Appeals upheld a ruling that denied the DOJ’s right to prosecute a medical marijuana facility, provided the facility could show it complied with the applicable California law regarding the use and distribution of medical marijuana. U.S. v.

McIntosh, 833 F.3d 1163, 1179 (9th Cir. 2016).

Unfortunately this decision doesn’t give any relief for Arkansas banks wishing to offer banking services to marijuana-related businesses. First, the appropriations rider needs to be extended past 2016 and amended to include Arkansas for the DOJ restriction to be applicable in Arkansas. Second, since the decision was made in the 9th Circuit, it would not be applicable

“

Regardless of the change to the Arkansas Constitution, banks remain prohibited from offering banking services to those who operate medical marijuana dispensaries and cultivation facilities, and third parties that do business with such parties.

”

to courts in Arkansas at this time. Finally, there has been no legislation that would apply an exemption to the regulatory authority of the Federal Reserve, the OCC or the FDIC regarding this issue.

Conclusion

A majority of the states in the Union have authorized some form of marijuana use, but there is no concrete exemption for providing banking services to marijuana-related businesses.

While it is not known whether the President-elect and his new administration wish to increase or decrease the prosecution of medical marijuana use and distribution, it is unlikely that the momentum for legal medical marijuana will stop at the state level. At some point Congress will need to act to change the laws concerning marijuana and banking. This issue will be addressed when it is deemed to be a priority by Congress. Bankers will have to actively engage their representatives if they wish to provide banking services to this new industry in the near future.

ABOUT THE AUTHOR

Daniel J. Beck is an attorney with Quattlebaum, Grooms & Tull PLLC, where he primarily practices in the areas of banking law and real estate.

Daniel can be reached at dbeck@QGTlaw.com.

Click here to learn more about Banking and Marijuana!

December 2016 | The Arkansas Banker

9

Investing in the Future of Arkansas Banking

Click here to see more about our Internship Program!!

Arkansas Bankers Association, DD&F Launch Internship Program

Growing an industry means not only growing your bottom line, but also growing your people. With community banks across the state, and the nation, in a state of transition, now is the time for banks to turn a focus to investing in human capital and grooming the next generation of bankers.

With growing concern about a lack of qualified young people interested in the banking profession, the Arkansas Bankers Association, in partnership with DD&F Consulting Group, has developed an internship program that identifies qualified candidates from colleges and universities throughout the state, evaluates their interests, and connects them with Arkansas banks who are looking for qualified interns.

10

“We knew that in order to attract and keep Arkansas’s top talent in banking, we needed to invest in the future of our industry,” said Barry Jackson, SVP and Chief Operating Officer of the ABA. “There are numerous internship opportunities across our state in companies such as KPMG and Deloitte, that are aggressively courting the same individuals that we need in our industry.

For this reason, it was critical for us to create a program specifically for banking and throw our name in the hat.”

Jackson continued, “The ABA is fortunate to have a network of other bank associations across the country that have similar programs with varying degrees of success. We listened to what these associations suggested and to what our

The Arkansas Banker | December 2016

bankers wanted to build what we believe is a win-win, for both our banks and future bankers.”

Launched earlier this year, the ABA internship program provides financial institutions with access to a workforce that is genuinely interested in the banking industry, dedicated to their professional development, and looking for an opportunity to gain a competitive edge by growing their resume and making valuable connections in their field.

The ABA’s partner in this initiative, DD&F Consulting Group, has reached out to college professors and staff of schools across Arkansas and has been invited to speak to student classes, reaching almost 400 students to date. Schools that have participated include John Brown

commitment. This program is an excellent resource for member banks to locate, recruit, and cultivate a new generation of skilled, enthusiastic, college educated workers.

Banks with an interest in hosting an intern may contact Jackson at barry. jackson@arkbankers.org to further discuss opportunities and the specific needs of the bank.

Once a student has applied, Association staff will do a bit of “matchmaking” — finding the right fit between a candidate and bank in terms of location and interest.

Depending on the needs of a bank and the interests of the candidate, each internship may take a different path, but the ABA, with the help of DD&F Consulting, has put together a program framework to help meet academic and applied learning needs.

University, the University of Arkansas, Arkansas State University, and Ouachita Baptist University. Interested students may apply after the class meetings or via the ABA website. “We have found that the professors, such as Dr. Tim Yeager, ABA Chair of Banking at the U of A, are extremely supportive and welcome what we are doing,” stated Randy Dennis, President of DD&F. Dennis has been actively involved meeting with instructors and students on behalf of the ABA. Dennis continued, “We have been encouraged by the talent and interest of these young people when we discuss banking as a career. Prior to this, banking wasn’t even on most student’s radar and they were being aggressively courted by leading national financial and accounting

Interns begin this 8-10 week program by planning career goals and objectives under the direction of an academic advisor, ABA faculty contact, and their bank mentor. While most students will have a primary focus (i.e. accounting, marketing), it is recommended that the intern work in varying business areas as a team member, to better understand the processes of the banking industry.

This diverse training will provide interns with hands on experience at a financial institution, and a greater understanding of career options that the Arkansas banking industry can offer.

firms that could very well take them out of Arkansas. Now they are aware of the opportunities in banking in our state.”

“With the commitment of the ABA and our Arkansas banks to this internship program, we are taking proactive steps to generate awareness for our industry and to create our industry’s future success. It is an energizing and rewarding opportunity for DD&F to be involved in this process, and to know that we are helping to build the leaders of tomorrow,” Dennis said.

Through these internships, employers will be able to observe and evaluate interns in their work environment, giving them the opportunity to consider a range of talented employees for long-term employment following graduation with no

“We need to get students excited about banking,” Jackson said. “There are so many opportunities in our industry that go beyond the traditional banking positions: accounting, operations, lending. With technology intertwined in our everyday banking lives there are a host of possibilities for today’s talented underclassmen.”

He also noted that many interns have never worked in the corporate world, so they can bring a unique viewpoint and energy to our institutions. Likewise, the opportunity to interact face to face with community members, network with banking professionals, and immerse themselves in the practical application of techniques and ideas learned during college will be an immeasurable asset for interns.

December 2016 | The Arkansas Banker

11

The

ABC’s

of Top

Performers Qualities to look for and nurture in yourself and your team

ABOUT THE AUTHOR

Becky McCrary is an internationally recognized expert on relationship building. She spent 20 years in financial services: performed teller transactions, opened new accounts, approved and processed consumer loans, originated mortgage loans, managed branch operations, developed regional business partners and inspired her staff.

In banking, we measure everything. We establish goals and benchmarks.

We know exactly where we are in the process. We work together as a team to help each other succeed. We know professionalism when we see it. And yet we sometimes stumble over the details of what it takes to achieve it. For a quick reference, just follow the ABC’s.

Top performers ASK. Be inquisitive.

The more questions you verbalize, the more knowledgeable you will become.

Understanding the how and the why makes you an asset to your customer, your team and your organization. Offer to help others; ask for help from others. Ask about the history, what’s shaping the future, and your place in it. So, what do you want to know?

Top performers BEHAVE. Your dress, body language, tone of voice, clutter-free workstation, responses, even the expression on your face allow others to judge your professionalism. Make them feel welcomed and valued. You can’t treat everyone the same, because they are not the same. Match your behavior to the situation. Casual speech, perhaps appropriate to an 18 year old customer, will not be as well received by a 30 year old. Behave well.

Top performers display COMPETENCE. Maintaining the required skills, you never stop learning.

12

The Arkansas Banker | December 2016

Read everything – brochures, manuals, applications, booklets. And just because you knew it, doesn’t mean you still do.

Change happens constantly. With technical courses, self-study, or group experiences, you can embrace the requirements of the job, the company and the industry. Your continued competence is up to you.

Top performers are DEDICATED. Be on time. Be prepared. Be physically and emotionally present. Top performers don’t call in sick the first of every month.

They don’t arrive 15 minutes late to work or to the meeting. And they don’t have to search for every document, report or email they need. They have it together. When you acknowledge your primary function is to absolutely delight the customer, you approach situations with a renewed attention to detail. Devote your time and energy to advancing your career by meeting the needs of customers and the organization with dedication.

Top performers are EFFICIENT. Make the best use of time. Accurate transactions are only the beginning.

Use slower times to get clarity on those situations that had to be escalated, so you remain in the loop. Determine what happened and the reasoning process or policy used to make the determination.

Replenish your supplies. Verify your progress toward meeting your goals. Use slower times for online tests and training or to return messages and emails. Keep your workstation clear of clutter. You feel more personal power when the piles are gone.

stories as interruptions, but as a glimpse into what it will take for you to put them in a better situation.

Top performers are FRIENDLY. This is so much more than eye contact and a smile. This is taking an interest in the lives of your customers. When you know how they live, you are better prepared to offer products and services that will make a difference to them. Whether buying a boat, investing for the future or managing finances, customers want to deal with friendly people. Don’t consider their

We know professionalism when we see it. When we focus on being REAL — Relevant, Engaging, Authentic and Loyal — others see that professionalism in us.

Top performers are GO-GETTERS. Be someone who goes the extra mile. You will not stop until they are satisfied.

You are constantly looking for your next opportunity.

Volunteer to lead the fundraising campaign for your charity of choice. Ask to crosstrain in the call center or lending.

Have a greater understanding of the process. Pursue your certifications. Don’t wait for it to be offered; go get it!

Excerpt from upcoming book, “REAL Customer Service: Staying Relevant, Engaging, Authentic and Loyal in real world situations.” ©2016 Becky McCrary, Certified Speaking Professional is an internationally recognized expert on how we treat each other. Reach her at www.BeckyMcCrary.com.

You can even Google her. She won’t feel a thing.

NCCB 2017

ABA NATIONAL CONFERENCE FOR COMMUNITY BANKERS FEBRUARY 19 – 22, 2017 JW MARRIOTT ORLANDO, GRANDE LAKES ORLANDO, FLORIDA

REGISTER NOW With shifting customer demographics, new technologies and growing competition, community banking must continue to evolve. Join us as we develop strategies that will work for your bank now—and also look ahead to what’s new.

aba.com/NCCB December 2016 | The Arkansas Banker

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One Way Arkansas Employers Can Prepare for a Trump Administration

ABOUT THE AUTHOR

Neemah Aaron Esmaeilpour is a labor & employment attorney at Wright Lindsey Jennings who represents employers and professionals in a variety of employment matters. His areas of practice include discrimination, minimum wage and overtime, employee leave, employment contracts, severance agreements, covenants not to compete, unemployment claims and EEOC/ DOL investigations.

Hear more from Neemah Esmaeilpour at the 2017 Human Resources Conference!

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Donald Trump’s victory in November may have generated uncertainty and questions on what to expect. But there is one area in which the President-elect has been clear and everyone recognizes is slated for change: immigration. While Trump’s proposal for “an impenetrable wall” along the southern border has garnered the most attention, his other immigration policies likely will have a more direct and immediate impact for employers.

As an Arkansas employer, you may be thinking, “Well, I don’t have any foreign workers, so changes in immigration policy won’t affect me, right?” Wrong.

Trump has consistently stated that he wants to deter illegal immigration by “turning off the jobs and benefits magnet” that attracts foreign workers. In other words, he wants to crack down on businesses that employ individuals without work authorization.

Practically speaking, this likely means more worksite-enforcement visits from Immigrations and Customs Enforcement (ICE) to check whether there are workers employed without work authorization. Such visits commonly occur by ICE agents who arrive unannounced (or with very little notice) seeking to audit the company’s I-9 forms. To accomplish his goal of increased enforcement, Trump has proposed tripling the number of ICE agents. Trump has also suggested that E-Verify should be mandatory for all employers. But keep in mind that

The Arkansas Banker | December 2016

E-Verify is separate from Form I-9; it does not replace it. In short, employers need to be prepared for an increase in I-9 audits by a beefed-up ICE agency.

During an ICE audit, employers can find themselves in trouble not only if they have unauthorized workers, but (more commonly) because they did not properly prepare or maintain their I-9 forms for each employee.

And penalties can be steep – fines generally start around $200 and go up to several thousand dollars per offense. In 2015, a California company was fined over $600,000 because it failed to properly complete I-9 forms for its employees.

So what should employers do to prepare for a possible audit? Like most things, you need to prepare. You definitely do not want to wait until ICE is on-site demanding to see all of your I-9 forms. Therefore, employers would be wise to conduct an internal I-9 audit to identify and correct potential problems now.

In fact, an annual internal I-9 audit is on ICE’s list of “Best Employment Practices.”

If you need another reason to conduct an internal audit, keep in mind that you will be given a safe harbor if ICE discovers an unauthorized worker, but only if you have properly prepared and maintained your I-9 forms.

Unfortunately, self audit can create more problems when employers choose to perform Please turn to page 17

HUMAN RESOURCES CONFERENCE FEBRUARY 1, 2017 | EMBASSY SUITES, LITTLE ROCK

Join the Arkansas Bankers Association for the Human Resources Conference on February 1, 2017. This event is designed to bring needed information to banking industry human resources professionals, including regulatory updates and hot-button issues. The Human Resources Conference is geared toward HR professionals and consultants, HR compliance officers, training specialists, bank personnel directors, and branch managers.

On the Agenda:

This year’s speaker line-up includes longtime culture development trainer Dianne Barton of Performance Solutions, Inc.; attorneys Neemah Esmaeilpour, Stuart Jackson, Abtin Mehdizdegan, Rodney Moore, and Quinten Whiteside; and internationally-recognized relationship building expert Becky McCrary.

For more information, and to register, log on to www.arkbankers.org or email Brenda Sarbrough at brenda.scarbrough@arkbankers.org.

The Balance Act: Five Generations in the Workforce Today Key HR Issues for 2017 & Post-Election Update Cyber Security Update Passion for Your Profession HR Insights: Key Issues for Bankers Speed Networking

December 2016 | The Arkansas Banker

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Teachers Honored for Outstanding Economics & Personal Finance Education 2017 Gala Introduces ‘The Bessie’ Fifteen Arkansas teachers were honored for excellence in economic and personal finance teaching, including three who received the Economics Arkansas Lifetime Achievement Award, during the 21st Annual Bessie B. Moore Awards luncheon held on Nov. 17, 2016. The gala at the Great Hall of the Clinton Presidential Center was hosted

by Economics Arkansas, a nonprofit educational organization that promotes economic and personal finance literacy among Arkansas PreK-12 students.

The Arkansas Bankers Association and its members have been loyal supporters of Economics Arkansas for many years.

Representatives from the ABA, including Barry Jackson, Brenda Scarbrough, and Carla Brinkley attended the event and witnessed first-hand the high-quality education its support provides to teachers and students across Arkansas.

Debuting during the event was “The Bessie,” a 7-inch statue of 750 layers created on a 3-D printer by the Arkansas Innovation Hub. Designed to serve as the “Oscar” of excellence in economic and personal finance education, it was presented to the winners of the Bessie B. Moore Awards for their innovative, original classroom projects during the 2015-16 school year. The teachers also received a cash award.

As he recognized the recipients, Johnny Key, Commissioner of the Arkansas Department of Education, said: “There will be economic storms in all of our lives. Some are national storms, some are personal. The knowledge of economics and personal finance is key to weathering

Bessie B. Moore Award winners Tracy Floyd, Kristina Thrift and Sheila Humphrey of Woods Elementary School, Fort Smith School District, are flanked by Economics Arkansas board members Bob Hamilton, Ray Hobbs, John Ward and Johnny Key (from left).

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The Arkansas Banker | December 2016

these storms. Thank you for providing this knowledge to your students.”

The 2016 Bessie B. Moore Awards winners and their projects include: Rebekah Bilderback, “Which Trade Route is For Me: Sahara, Silk or Spices?” Greenbrier High School, Greenbrier School District, Faulkner County Jaime Cavitt, “A Scholastic Journey into Economics,” Walker Elementary School, Springdale School District, Washington County Nakesha Cunningham, “A Hat is Here, A Hat is There, An Economic Hat is Everywhere,” Baker Elementary School, Pulaski County Special School District, Pulaski County Tracy Floyd, Sheila Humphrey and Kristina Thrift, “Patriot Pride Since ’75—Economics in Our Lives,” Woods Elementary School, Fort Smith School District, Sebastian County

Lifetime Achievement Award winner Jo Vanderspikken, Springdale School District, with Economics Arkansas board member Ray Hobbs

Amy Mileham and her fourth-grade students from Grace Hill Elementary School, Rogers School District, presented about their award-winning project, “Take Me Out to the Ballgame, Baseball Economics.”

Amy Gordon, “3-2-1 Economics,” Barling Elementary School, Fort Smith School District, Sebastian County Amy Hardy, “The Dream Team Entrepreneur,” East Hills Middle School, Greenwood School District, Sebastian County Valarie Harp, “Super Economists,” Hartford Elementary School, Hackett School District, Sebastian County Jason Heath Hawkins, “The Economics of Entrepreneurship,” Manila Middle School, Manila School District, Mississippi County Amy Mileham, “Take Me Out to the Ballgame,” Grace Hill Elementary School, Rogers School District, Benton County Shelina Warren, “My Local Economic Trivia League,” Scoggins-May-Hall GT Center, Pine Bluff School District, Jefferson County

Receiving the Lifetime Achievement Award were: Linda Haley, retired, Master Economics Teacher, Rogers School District, Benton County Deborah Shearer, retired, Master Economics Teacher, Pulaski County Special School District, Pulaski County Jo Vanderspikken, Master Economics Teacher, Springdale School District, Washington County Economics Arkansas launched the Bessie B. Moore Awards program in 1995 to honor exemplary teachers for successfully integrating economic principles into the classroom. The program is open to educators PreK-12 from public and independent schools in Arkansas.

To enter, teachers submit written descriptions of their projects, which are reviewed and judged by an independent panel of economic education specialists.

The winners receive cash awards and trophies.

Economics Arkansas (through the Arkansas Council on Economic Education) is a private, non-profit, non-partisan educational organization founded in 1962 by Dr. Arch Ford, with Dr. Bessie B. Moore as its first executive director, to promote economic literacy in Arkansas. Its mission is to equip PreK-12 schools with training and resources to teach economics and personal finance using practical, innovative and inspiring methods. Its vision is for Arkansas students to become economically and financially literate, allowing them to achieve their own American dream and thrive in a free-market economy.

Economics and personal finance education can have a life-changing impact on students, and generous support to Economics Arkansas will yield returns many times over. To make a donation, please visit www.economicsarkansas.org or call 501-682-3240.

One Way Arkansas Employers Can Prepare for a Trump Administration Continued from page 14

the audit themselves and then commit mistakes that lead to further violations.

Common mistakes include filling out new I-9s for employees and throwing the old ones away, making revisions to I-9 forms without signing and dating the change, and preparing new I-9 forms to correct mistakes and backdating them so they

appear to be timely. Even if these mistakes are “innocent,” they can lead to stiff fines.

Therefore, the better practice may be to engage an outside firm to perform the audit, especially if it is the company’s first audit or if the company suspects there may be issues. Employers can also use an external audit as an opportunity to update I-9 policies and to train compliance

employees on proper procedures to prevent future mistakes.

Conducting an internal I-9 audit is an easy step employers can take to ensure they are complying with both current immigration law and likely changes by the Trump administration.

December 2016 | The Arkansas Banker

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2016 Fall Conferences

Marketing Conference The ABA and Sells Agency teamed up to host the second annual ABA Marketing Conference November 7-8 in Little Rock. The event, which pulled in nearly 50 bankers from across the state, featured local and national speakers and experts on a range of topics, as well as three round table discussions.

On Monday, Jeff Wingfield of Acxiom discussed utilizing customer demographics to best benefit your organization. This topic segued into the next speaker, Gary Dowdy of the Venture Center, who discussed FinTech and innovation, including what’s already in place and what is in the near future.

Tuesday’s featured speaker, Jeff Slutsky of Streetfighter Marketing kept attendees laughing while giving them innovative ideas on building relationships and generating creative and more effective communication.

Panel discussions included a Media Mix Round Table with representatives from TV, radio, and digital media formats; a Marketing and Compliance panel with area bankers sitting in both departments; and an “Ask the Bank Executives” panel, with representatives from Centennial, First Financial, Simmons, and Arvest Banks.

Bankers sitting on the Ask the Bank Executives Panel were Scott Hancock, Centennial Bank, Fayetteville; Craig Mobley, First Financial Bank, El Dorado; Daniel Robinson, Simmons Bank, Jonesboro; and Jim Cargill, Arvest Bank, Little Rock.

Click here to see more photos from the Marketing Conference!

Conference attendees listen in as Jeff Wingfield of Acxiom speaks on customer demographics, where to get them, and how to apply them to the bank’s marketing strategy.

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The Arkansas Banker | December 2016

Bankers sitting on the Marketing & Compliance Round Table were Roger Sundermeier, First Arkansas Bank & Trust, Jacksonville; Kim Hightower, River Town Bank, Dardanelle; Beth Weldon, First Financial Bank, El Dorado; and Sarah Bolek, Arvest Bank, Lowell.

Jeff Wingfield of Acxiom kicked off the conference with a talk on utilizing the customer demographics banks already collect to their maximum potential.

Managing Director of The Venture Center in Little Rock, Gary Dowdy, gave attendees a look at the future of FinTech.

How does a Street Fighter grow their business?

Jeff Slutsky gave conference-goers some out-of-the-box tactics for building relationships.

Technology Conference IT professionals from across the state gathered in Little Rock November 29-30 for the annual ABA Technology Conference, which provided two days of educational sessions, networking opportunities, and opportunities to visit with various technology vendors. The goal of this event is to keep Arkansas IT professionals on top of the trends, and help them be an advocate for meeting the needs of their respective banks.

Topics at this year’s event included operational efficiency selfassessments, new technologies, FinTech, educating staff and customers, a hacking demonstration, technology and education trends, storage solutions, and a panel discussion with representatives from the FDIC The PC Assistance team led a live-hacking session during and Arkansas State Bank Department. the 2016 Technology Conference, showing bankers just how vulnerable their websites and databases can be.

Click here to see more photos from the Technology Conference!

Dale LaMotte and Carl Crosby of NetGain Technologies present Darren Barry, First Arkansas Bank and Trust, Jacksonville (center) with a door prize.

Tom Hagin (center) of All Covered presented Brody Walker, First Security Bank, Searcy, and Tyler Watson, Farmers Bank & Trust, Magnolia with door prizes.

Attendees listen as representatives from the FDIC and Arkansas State Bank Department weigh in on current and upcoming regulation.

Glen Humphreys and Michael Wingo of Federal Protection, Inc. present Rod Humphrey, Legacy National Bank, Springdale (center) with a door prize. Trent Fleming discusses how managers can assess and improve the operation of their departments using the key areas of staffing, technology, planning, and measuring.

December 2016 | The Arkansas Banker

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2016 Fall Conferences

Women in Banking Conference The ABA celebrated our state’s female bankers on November 16 at the 2016 Women in Banking Conference in Little Rock. More than 70 bankers were in attendance for the event, which featured motivational speakers, a speed-networking session, office-appropriate stretch break, and panel discussion with some of the state’s “leading ladies” in banking.

The event kicked off with internationally-known author AmyK Hutchens speaking on leadership and effective communication; a perfect lead-in to the event, Hutchens motivated the group to more effectively problem solve and goal set with her mantra of “change your thinking, change your behavior, and change your results.” Honey Shelton, a favorite instructor for the ABA, gave attendees a crash course in coaching themselves and others to ensure the success of their organization (along with a bit of humor).

Shelton also led attendees in a speed networking session that

“ ”

AmyK Hutchens challenged attendees to “ignite brilliance” in their teams, Jill Castilla, President & CEO of The Citizens Bank in both personally and professionally.

Edmond, Oklahoma, was a crowd favorite for the day, while Castilla often speaks to groups of bankers about her turn-around of the bank that has now been in her family for four generations, she offered insight into her personal I thought the speakers were even better than story at the ABA event, from her childhood to her military experience, to proving herself in the banking industry. last year...I’m sure it will keep improving

The day wrapped up with a Women in Leadership panel featuring Arkansas bankers Connie Allmond, Farmers & Merchants Bank, Stuttgart; Cara James, Arvest Bank, Lowell; Lisa Ray, Arvest Bank, Springdale; and Donna Townsell, Centennial Bank, Conway.

each year. Good event!

Donna Townsell Centennial Bank

Click here to see more photos from Women in Banking Conferencer!

Joyce Radcliff, Riverbank, Pocahontas; Niki Traibman, First Security Bank, Fayetteville; and Mary Fowler, The People’s Bank, Magnolia.

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The Arkansas Banker | December 2016

Tracey Dennis, Relyance Bank, Pine Bluff; Connie Neighbours, Southern Bancorp, Hot Springs; and LaTina Curry, One Bank, Little Rock.

“ ” Wow! So inspiring and motivating. I left there feeling there wasn’t anything I couldn’t overcome because of Jill’s story. I would really like for her to come speak to all the women at our bank. Excellent presentation.

Karen McLelland Bank of Prescott

Veteran banker Jill Castilla shared her personal story of climbing from the bottom to the top during the ABA Women in Banking Conference in November.

Back by popular demand, the Women in Banking event featured a “Women in Leadership” panel discussion. This year’s panelists were, from left, Cara James of Arvest Bank, Lisa Ray of Arvest Bank, Donna Townsell of Centennial Bank, and Connie Allmond of Farmers & Merchants Bank. The group discussed a variety of topics, from dress codes to work-life balance.

Former banker and long-time trainer Honey Shelton gave the group tips on how to coach their teams. Shelton also led the “speed networking” session.

Carol Ann Rogers, Relyance Bank, Pine Bluff; and Nina Castaldi, Relyance Bank, Pine Bluff.

Tara Allen, FNBC Bank, Ash Flat; Shelli Wilson, First National Bank of Wynne, Wynne; and Tanya James, Arvest Bank, Little Rock.

December 2016 | The Arkansas Banker

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Is Your Website ADA Compliant?

Is your website accessible to individuals with disabilities? If it is not, or if you are not sure, now is the time to take a look at this issue. Title III of the Americans with Disability Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation. This law, enacted in 1990, does not specifically address website accessibility because it predates the widespread use of the Internet. However, the Department of Justice (DOJ), which enforces the ADA, has made it clear that it interprets the ADA as applicable to websites. Courts are split on if and when a business is obligated to create an accessible website. The law is unclear in Arkansas and courts in other jurisdictions have held that the ADA applies to websites that have a connection to goods and services available at a physical location, such as a bank.

While the law is unsettled, this has not stopped private litigants and the DOJ

ABOUT THE AUTHOR

Meredith M. Causey is an attorney with Quattlebaum, Grooms & Tull PLLC where her practice focuses on electronic discovery and information governance.

Meredith can be reached at mcausey@QGTlaw.com.

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“

from attempting to enforce ADA website compliance. Many companies have received demand letters from plaintiffs’ firms alleging the company is violating Title III of the ADA because its website is not sufficiently accessible to individuals with disabilities. Additionally, the number of lawsuits alleging inaccessible websites continues to increase. Since the beginning of 2015, more than 240 businesses have faced lawsuits claiming their websites are inaccessible to the blind in violation of the ADA.

There are currently no legally binding technical standards that identify what is required for a website to be compliant with Title III of the ADA. Many of the demand letters being sent by plaintiffs’ firms claim that unless the company modifies its website to meet the standards in the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG 2.0 AA), the company will continue to violate Title III of the ADA. The WCAG 2.0 AA Guidelines provide specific technical guidance on the design of a website to promote access to individuals with a disability.

These guidelines include (1) providing alternatives for non-text content so that screen readers can recognize and vocalize them; (2) ensuring all functions can be performed on a keyboard; (3) ensuring image maps are accessible; and (4) adding headings to allow easier navigation. Keep in mind that an accessible website does not necessarily look all that different to people without disabilities. An ADA compliant website allows adaptive software used by individuals with disabilities to augment content and make it easier to consume.

The Arkansas Banker | December 2016

Since the beginning of 2015, more than 240 businesses have faced lawsuits claiming their websites are inaccessible to the blind in violation of the ADA.

”

Without clear guidance from the courts or the DOJ, businesses are left in a difficult position of determining what specific standards their website must meet to comply with Title III of the ADA. However, even without clear guidance litigants continue to make demands and file lawsuits against companies claiming their websites are not ADA compliant.

To mitigate the risks of becoming the subject of a legal claim alleging ADA violations, companies should conduct a website assessment to determine its level of accessibility and the costs and burdens associated with updates that would make it more accessible to individuals with a disability. For banks or other businesses that engage third-party vendors to design or maintain their website, review the WCAG 2.0 AA Guidelines with your vendor to determine what updates are cost effective and begin developing a plan for performing additional updates.

Consult your vendor agreement to determine if it includes a representation that the website will be compliant with applicable law and the extent to which the vendor is obligated to indemnify the business for claims related to website noncompliance.

”

BANKER NEWS & MOVES

INDEX OF ADVERTISEMENTS

LEEDS JOINS BOARD FOR ARVEST BANK IN FAYETTEVILLE

National Conference for Community Bankers

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2017 Government Relations Summit

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www.aba.com/nccb

www.aba.com/summit

ADVERTISEMENTS For more information on advertising in The Arkansas Banker, please contact Traci Logsdon, Director of Communications, via email at traci.logsdon@arkbankers.org, or by phone at 501.978.3603.

Arvest Bank in Fayetteville is pleased to announce that Stacy L. Leeds has joined the bank’s board of directors.

“Stacy Leeds is an outstanding legal mind whose advice and service is in high demand,” said Donny Story, president and CEO for Arvest Bank in Fayetteville. “We know that her involvement on our board will bring the highest benefit to both Arvest Bank and our customers.”

Leeds is currently serving her second term as dean and professor of law at the University of Arkansas at Fayetteville School of Law. She first joined the university in 2011, where she lectures on American Indian law, oil and gas, property, natural resources and introduction to legal studies.

She holds law degrees from the University of Wisconsin and the University of Tulsa. Leeds earned her master’s in business administration from the University of Tennessee and her bachelor’s from Washington University in St. Louis.

The Arkansas

Banker 1220 West Third Street Little Rock, AR 72201 Phone 501.376.3741 Fax 501.376.9243 www.arkbankers.org

Leeds served in several capacities as a faculty member and administrator at the University of Kansas where she served as interim associate dean for academic affairs in the School of Law, director of the Tribal Law and Government Center and professor of law. While there, she received the Howard M. and Susan Immel Award for Teaching Excellence. In the College of Liberal Arts and Sciences, she served as interim chair of Indigenous Nations Studies. She was a senior administrative fellow in the Office of Provost from 200607. She also served on the law faculty at the University of North Dakota and as William H. Hastie Fellow at the University of Wisconsin School of Law. Leeds was a recipient of the American Bar Association’s Spirit of Excellence Award in 2013, an elected member of the American Law Institute in 2011, and a former Alphonse Fletcher Sr. Fellow affiliated with the W.E.B. DuBois Research Institute at Harvard University in 200809. In 2015-16, she was affiliated with Northeastern State University, Tahlequah, Okla., as the Sequoyah Fellow.

A native of Muskogee, Okla., former athlete and life-long sports enthusiast, she was inducted into the Muskogee Athletic Hall of Fame in 2015.

She currently lives in downtown Fayetteville with her son, Hunter, age 8.

MIDDLETON JOINS STONE BANK AS SVP AND HARRISON MARKET MANAGER Marnie Oldner, Chief Executive Officer of Stone Bank, announced that Dusty Middleton has been named Senior Vice President, Senior Lending Officer and Harrison Market Manager.

“Dusty is life-long native of the area and brings a wealth of banking experience, particularly in the lending area, “ said Oldner. We are excited that he will be heading up our Harrison office and continue serving the community with an Arkansas-based bank.”

Middleton was formerly a senior vice president and loan manager for Community First Bank in Harrison (now Equity Bank) and a vice president and branch manager for the Western Grove branch of Bank of the Ozarks. He is a graduate of Mt. Judea High School and Lubbock Christian University and is currently completing a degree at the SMU Graduate School of Banking. He is a member of the Harrison Lions Club.

The Harrison location of Stone Bank is temporarily located at 1309 Hwy. 62/65 N with plans to build a community-banking center at 1302 Hwy. 62/64 N set to open in late 2017.

Give your employees the recognition they deserve!

Submit Banker News & Moves to traci.logsdon@arkbankers.org.

December 2016 | The Arkansas Banker

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It’s a pivotal year for Washington—and soon a new presidential administration, and a new Congress, will take office. These changes are an opportunity to ensure incoming lawmakers know the value of a strong banking industry.

Join us as we come together to tell Congress how America’s Banks deliver jobs and growth to communities across the country.

March 20 –22 | Washington, DC

OTHER EVENTS TAKING PLACE:

Mutual Community Bank Forum, March 19 – 20 Emerging Leaders Forum, March 20 Women’s Leadership Forum, March 19

Register today

aba.com/Summit 24

The Arkansas Banker | December 2016