Issuu

County Lines FALL 2015

Cover story

Super project spurring growth Mississippi County sees benefits of Big River Steel presence.

Page 28

Library dedication Page 24

Crisis Units Page 13

Landmark artist Page 32

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In This Issue

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FALL 2015

y Librar orial an Greer. & Family er Mem sel Jonath AAC s Gre gal Coun dicater association Le ard de forme er bo aft C AA y named s Friend

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AAC board dedicates Greer Memorial Library.

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Judges, sheriffs discuss crisis intervention units with legislators........................26

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Features Small Van Buren County Courthouse serves large purpose.................................36

CO UN

Inside Look

AAC board profile: Angela Hill....................................................................................39

AAC board profile: Brandon Ellison............................................................................39 Assessors’ fall meeting features array of speakers...............................................40 er

County Treasurers hold meeting at Lake DeGray...................................................41 co v

Big River Steel project already spurring growth in Mississippi County.

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Circuit Clerks tour state Justice Building..................................................................42

Judges elect officers, discuss highway funding.......................................................44

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County Clerks gather at Mount Magazine................................................................46 AAC staff profile: Melissa Hollowell...........................................................................48

Departments From the Director’s Desk............................................................................................... 7 President’s Perspective................................................................................................. 9

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From the Governor........................................................................................................11 wings. ink dra

Attorney General Opinions..........................................................................................12

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Artist Richard DeSpain draws state landmarks in pen and ink.

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Legislative Lines............................................................................................................13 Research Corner...........................................................................................................14 Governmental Affairs...................................................................................................16 Legal Corner...................................................................................................................17 County Law Update.......................................................................................................18 Savings Times 2............................................................................................................19 Seems to Me..................................................................................................................20

Cover Notes: Gearing up for growth he $1.3 billion steel mill and recycling facility being built in a former soybean field in Osceola (Mississippi County) is the state’s first super project. Big River Steel, slated to open next year, will be the first flat-rolled flex mill in the country. And community leaders have high hopes that it will bring economic growth to the region, which has seen several manufacturing facilities shutter their doors in recent years. Construction on the facility already has created jobs, spurred growth in the real estate market and given rise to companion industries. Read more about the mill’s effects on Mississippi County on page 28.

COUNTY LINES, FALL 2015

“

(Photo courtesy of Big River Steel)

Attracting [Big River Steel] has been a positive morale boost, in that being able to attract a super project of this magnitude makes us realize that we can attract any

major industrial project.

—

”

Randy Carney Mississippi County Judge

Calendar

Events

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2015-2016

Feb. 10-12 Judges Wyndham, North Little Rock

June 1-3 Judges Embassy Suites, Hot Springs

Feb. 17-19 Treasurers Hilton Garden, Conway

June 8-10 Collectors Comfort Suites, W. Memphis

March 9-11 Circuit Clerks Hilton Garden, N. Little Rock

June 15-17 Circuit Clerks Hilton Garden, Jonesboro

April 10-12 County Clerks Embassy Suites, Hot Springs

June 22-24 County Clerks & Treasurers Holiday Inn, Texarkana

April 13-15 Collectors Basin Park, Eureka Springs Calendar activities also are posted on our Web site:

www.arcounties.org

CONTACT AAC

Association of Arkansas Counties 1415 West Third Street

Brenda Emerson, ACE Program Coordinator bemerson@arcounties.org

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

Scott Perkins, Legislative/Communications Director sperkins@arcounties.org

Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org

Little Rock, AR 72201 (501) 372-7550 phone (501) 372-0611 fax www.arcounties.org

Lindsey Bailey, Legal Counsel lbailey@arcounties.org

Cindy Posey, Accountant cposey@arcounties.org

Chris Villines, Executive Director

Mark Harrell, IT Manager mharrell@arcounties.org

cvillines@arcounties.org

Jeanne Hunt, Executive Assistant

jhunt@arcounties.org

Christy L. Smith, Communications Coordinator

csmith@arcounties.org

Whitney Barket, Secretary / Receptionist wbarket@arcounties.org

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Mission Statement: The Association of Arkansas Counties

he Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district officials. The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office.

Risk Management / Workers’ Compensation Debbie Norman, Risk Management & Insurance Director, Risk Mgmt Services dnorman@aacrms.com Debbie Lakey, Workers’ Comp Claims Manager dlakey@aacrms.com Cathy Perry, Administrative Assist./Claims Analyst cperry@aacrms.com Kim Nash, Workers Comp Claims Adjuster knash@aacrms.com Renee Turner, Workers Comp Claims Examiner rturner@aacrms.com Riley Groover, Claims Analyst rgroover@aacrms.com Kim Mitchell, Administrative Assistant kmitchell@aacrms.com Brandy McAllister, RMS Counsel bmcallister@arcounties.org Becky Comet, Member Benefits Manager bcomet@arcounties.org Barry Burkett, Loss Control Specialist bburkett@aacrms.com Elizabeth Sullivan, Admin. Assistant/Receptionist esullivan@arcounties.org Karen Bell, Administrative Assistant kbell@aacrms.com

COUNTY LINES, FALL 2015

Director’s

Desk

County Lines Magazine

County Lines is the official publication of the Association of Arkansas Counties. It is published quarterly. For advertising inquiries, subscriptions or other information relating to the magazine, please contact Christy L. Smith or Scott Perkins at 501.372.7550. Executive Director / Publisher Chris Villines Communications Director/ Managing Editor Scott Perkins Communications coordinator/ Editor Christy L. Smith

AAC Executive Board: Judy Beth Hutcherson – President Debbie Wise – Vice President Joe Gillenwater – Secretary-Treasurer Sherry Bell Debra Buckner Cindy Walker Brandon Ellison Andrea Billingsley Jimmy Hart John Montgomery Patrick Moore Rhonda Cole Sandra Cawyer David Thompson Bill Hollenbeck Angela Hill Debbie Cross National Association of Counties (NACo) Board Affiliations Judy Beth Hutcherson: NACo board member. She is the Clark County Treasurer and president of the AAC Board of Directors.

Debbie Wise: NACo board member. She is the Randolph County Circuit Clerk, vice president of the AAC Board of Directors and chair of AAC’s Legislative Committee.

Ted Harden: Finance & Intergovernmental Affairs Steering Committee. He serves on the Jefferson County Quorum Court.

Kasey Summerville: Finance, Pensions & Intergovernmental Affairs Steering Committee. She is the Clark County Assessor.

David Hudson: Vice Chair of NACo’s Justice and Public Safety Steering Committee. He is the Sebastian County Judge and member of the Rural Action Caucus Steering Committee.

COUNTY LINES, FALL 2015

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Lighting the flame within

Director’s Desk

he holidays seem to move much more quickly as we age, and time with family and friends becomes more cherished as we gain an appreciation for capturing these opportunities to be thankful, hopeful and reconnected during the season. Unfortunately pausing becomes more diffiChris Villines cult with the endless cycle of “senses overload” we almost AAC involuntarily surround ourselves with. Executive Director Throughout 2015 I have found myself exhausted on occasion, emotionally drained in spells, exuberant from time to time and amazed by the distance between peaks and valleys of the year. As the year wanes, I recollect a deep gratitude to both my AAC and county family that can be summarized by the following quote from theologian Albert Schweitzer, “At times our own light goes out and is rekindled by a spark from another person. Each of us has cause to think with deep gratitude of those who have lighted the flame within us.” Not unlike the “Footprints in the Sand” poem, I look back over the year and see many places where we as a county government family carried one another — be it through tough times or stages of hard work, or to lift each other on collective shoulders to celebrate the victories we’ve won. My light has definitely been rekindled at points by the hard work and resilience of the Arkansas county nation. As for the AAC, the year seems to be closing with a couple of big sparks in the form of awards that must be shared with all of county government. I am extremely proud of the staff we have here and the work they all do for each of you. The level of competence is incredible, and the importance they all place on taking care of all 75 counties is astounding. I have said it before, but it bears repeating that they are an extension of your staff at home … and though you don’t see them in action each day, you would be proud of them if you did. The other day my light was rekindled when I opened an e-mail forwarded to me from Chief Counsel Mark Whitmore. It seems the hard work he and Judge Brandon Ellison of Polk County have been doing on the Unpaved Road User Group has not gone unnoticed. Their perseverance through the legislative session and leading up to it helped create one of the South’s first sustainable unpaved roads program. This program seeks to partner groups with a vested interest in the environment and sustainability through creation of a grant program to construct county (and other) roads in a manner that least disturbs our natural resources. On Dec. 8, Mark and Judge Ellison were each presented with a Regional Director’s Conservation Award from the U.S. Fish and Wildlife Service in Atlanta for their “extraordinary contributions to the conservation of natural resources in the Southeast Region.” This award is well deserved on both counts, as they have put in countless hours to build this program from the ground up. Kudos, gentlemen! For a second honor, in the early fall I looked on my desk to see the Southern Political Report Magazine, a publication with a footprint of 13 Southern states from Texas to Virginia. This particular issue had a “best of ” theme, featuring the South’s top government affairs firms and lobbyists. In this list, five associations are listed as the best from each state, and your lobbying team at the Association of Arkansas >>> 7

Director’s

Desk

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Counties made the top five! What a tremendous honor for our team here to be recognized at this level. Flame re-kindled. Your team of Scott Perkins, Mark Whitmore, Lindsey Bailey, Josh Curtis, Eddie Jones, Wes Fowler, Jeanne Hunt, Whitney Barket and Christy Smith won this honor because they are hard-working men and women of integrity. They represent you well at the Capitol and have many peers who find them to be of high character. Furthermore, it is because they represent such an esteemed and trusted group of people in county officials that they are positioned for such an honor. Re-kindling comes easy when you work in my job, and a large part of this is owed to the AAC board and its collective vision to provide all the needed tools to be a success. Without the board’s vision and support, the staff would not approach the level of success. We all owe a debt of gratitude to our board members for their commitment. It must be said that the government affairs award is also owed, in part, to the successes and integrity of Jonathan Greer, as he more than helped in our 2015 campaign with the legislature. We recently renamed the AAC Law Library in his memory, and the renaming event is featured in this magazine. As a part of the lasting tribute to JG, we commissioned a painting in his honor. Kyle Dooley, Eddie Jones’ grandson, did not disappoint. This fine piece of art will soon be printed in limited edition and be sold at a reasonable price with all proceeds going to the Charlie Gage Greer Scholarship Fund. One

thing’s for sure, this work is so beautiful that I feel confident all prints will be sold in short order. We will let you know the details as they develop. And finally, while I pause to be thankful about our accomplishments in county government, my list would be incomplete if I didn’t offer thanks for our wonderful Risk Management and Worker’s Compensation programs, staff and member counties. Unfortunately this arm of AAC doesn’t find itself in an industry where many awards are given, but if they were we would need a new wall for the plaques. Debbie Norman skillfully leads more than half of the AAC staff in these programs, and they handle claims without fanfare but with amazing capability. All 75 counties are owners in the Worker’s Compensation Pool, and we continue to grow our Risk Management Pool with roughly two-thirds — yes, 49 of 75 — counties as members in that program. Membership in these programs provides the means to effectively educate and lobby for our counties. I want to thank all of our participating counties for their trust in these programs, including the new ones that have recently made the switch to our programs beginning in 2016. Flame re-kindled again! To close, I want to graciously thank all of you for serving the people of Arkansas. What a privilege it is to be put in a position of trust and esteem and what great calling you have to serve with integrity and character. May God Bless you all as you take time to be thankful and reconnect this holiday season.

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AAC

Family & Friends

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Fall brings a busy season to the association

all is finally here. The Association of Arkansas Counties staff has been busy as usual assisting county officials with various tasks this time of year as counties dive into their respective budget processes, plan for 2016 and navigate a multitude of day-to-day operations and duties. One wrinkle to this fall season came out of Act 4 of the 90th Arkansas General Assembly’s First Extraordinary Special Session. It moved the dates of the Preferential Primary and the General Primary Election to March 1, 2016. As many of you know, this was in an effort to interject Arkansas and several other Southern states into the Presidential Primary process earlier. This change also altered the candidate-filing period to Nov. 2-9. So the stage or stages across the state for elected office in the 2016 primary are set. Candidates have from now until March 1 to get all their primary campaigning in. Good luck to all and get out and register and vote Arkansas. County officials of Arkansas are engaged in several state and local issues at any given time. Of late, general funding, highway funding, jail overcrowding, crisis stabilization units and 911 services seem to be the mainstays in the county conversation. The Governor’s Working Group on Highway Funding will release its report to the administration by Dec. 15. Counties have worked diligently with several stakeholders and working group members, and we look forward to seeing progress on this critical issue for urban and rural Arkansas. We will continue to be a partner in manifesting solutions for our state and local governments. Our county jails continue to struggle with overcrowding. County judges’ and sheriffs’ leadership have formed subcommittees to address the jail population crisis and will be communicating with the administration and legislators sharing their findings and ideas in the coming weeks. No one magic idea can solve this dynamic challenge. The Blue Ribbon Committee on Local 911 Services continues its work on dissecting and understanding the state of 911 services in Arkansas. We know the funding model needs to be modernized; however, senate and house leadership have made it clear that they have no appetite for merely increasing user fees to fix 911. We know they want to see a

We want your news COUNTY LINES, FALL 2015

President’s Perspective

more holistic approach involving plans and strategies to modernize and standardize 911 services. Our executive director, Chris Villines, serves on the Blue Ribbon Committee and will continue to help that body find solutions to the challenge. Judy Beth Hutcherson In October, the AAC board of AAC Board President; directors officially dedicated its Clark County Treasurer law library as the Jonathan Greer Memorial Law Library. Jonathan was the AAC’s general counsel who passed in April. Many of his friends and family were on hand for the dedication. His likeness via a memorial plaque now welcomes all who enter the library. The dedication was a testament to the love and respect we all have for Jonathan. It was an honor to be a part of such a deserving and heartfelt family event. Jonathan’s son, Charlie Gage, donated a book — Guess How Much I Love You, by Sam McBrantley — to the library collection. Kyle Dooley, grandson of Eddie Jones, former AAC executive director and current AAC consultant, painted an oil painting in honor of Jonathan. AAC will soon offer reprints of Dooley’s artwork for purchase and all proceeds will go toward a college fund for Charlie Gage.

Judy Beth Hutcherson Clark County Treasurer / AAC Board President

Judy Beth Hutcherson

Did an aspect of county government “make news” recently in your county? Did any of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail csmith@arcounties.org. 9

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AAC

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Growing computer science education

ustard seeds are about 1-2 millimeters in diameter. That’s about one-third the size of a single grain of rice. But when you plant that tiny mustard seed, it grows to be nine-feet tall. Why? Because that little seed was given the time and resources to grow into something big. What started out as a small idea has turned the nation’s focus on Arkansas. In less than a year, we have successfully implemented computer science courses in every public and charter high school. With nearly 4,000 students enrolled in these classes in the first year of this initiative, I think it’s safe to say that a small idea has grown into something big. In fact, in our first year, we have already met the majority of national computer science recommendations from Code.org. And now, we have taken this another step further. The Arkansas Department of Education has created standards introducing computer science concepts to students in grades K-8. The development of the K-8 standards is a huge achievement for our schools, our businesses, and most importantly, our kids. Through this groundbreaking initiative, Arkansas continues to lead the nation in computer science education. No other state is better preparing the next generation for 21st century jobs. The K-8 standards will go in front of the state board of education for approval by January 2016. I encourage you to visit the Department of Education’s web site and provide feedback through their public opinion survey. Everyone has a role to play in this effort, especially our education community. This announcement comes at a key time as we kick off National Computer Science Education Week [Dec. 7-13, 2015]. There are over 850 registered “Hour of Code” events in Arkansas that will be going on statewide. These events are

From The

for students to learn the basics of Governor coding concepts through a one-hour tutorial. The First Lady and I are pleased to host one of these events at the Governor’s Mansion. We are expecting more than 100 middle and high school girls to attend the “Girls of Promise Coding Summit.” This is a great opportunity to encourage young women to get involved in computer coding. I’ve said it before and Hon. ASA I’ll say it again — coding is for HUTCHINSON everyone. Governor of Arkansas Arkansas has set the national bar at the high school level, and we are on our way to doing it again in grades K-8. Small things can make a big difference.

Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas

Online

Interactive www.arcounties.org Find County Lines online and see our Web site which contains data an on all 75 counties, legislative updates and much more.

@75arcounties

COUNTY LINES, FALL 2015

AAC

Family & Friends

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AG Opinions: From handguns to payment of burial expenses AG OPINION NO. 2015-064

The Attorney General rendered her opinion on the interpretation of Act 746 of 2013, ACA 5-73-120(a). The AG concluded that a person is permitted to carry a handgun, knife or club in a vehicle when traveling outside his or her county, regardless of whether the weapon is concealed or in plain view in the vehicle and regardless of whether the person has a license to conceal carry. If the person takes the weapon out of the vehicle, the journey exception (above) no longer applies, and the person will risk committing the offense of “carrying a weapon.” The AG opines that so long as the person has no intent to unlawfully employ the handgun, knife or club against another person, the person may lawfully carry the weapon outside the vehicle. She adds to lawfully carry a concealed handgun it will be necessary to obtain a concealed-carry license. The AG notes the capacity of law enforcement to investigate and the factors that constitute reasonable suspicion. {There may be litigation and future court rulings on adjudicating these issues}.

AG OPINION NO. 2015-066

Juvenile probation officers and juvenile intake officers are required to complete their initial certification requirements within one year of employment; and for the county to be eligible for state reimbursement, whichever is less of $15,000 per year or half of the officer’s salary, the juvenile probation and juvenile intake officers must be: (a) certified according to the laws of Arkansas and (b) the salary is paid by the county for the period of one year. See ACA 16-13-327 (d) and 328(d). The AG concluded that as long as

We want your news 12

AG Opinions

the county pays a full year’s salary for the position for an officer or officers (initial officer and replacement officer) that meet all the statutory requirements for their position, and the county submits supporting documentation, the AG likely concludes reimbursement by the state is warranted and authorized. The AG noted legislative clarification is warranted. {Also, the reimbursement ceiling of $15,000 for half of the salary is outdated (from 1989) and the reimbursement mechanism is less efficient than a defined monetary reimbursement. All concerned should consider working together to address these legislative issues}.

to civil liability. Finally, the AG stated that although there is no statute dictating the responsibility for payment of a cremation, Mark Whitmore a county is AAC Chief Counsel authorized to make payment for such a cremation under the county court’s authority and assuming there are appropriated funds for that purpose.]

AG OPINION NO. 2015-068

AG OPINION NO. 2015-084

The AG examined whether it is lawful for a county to pay for burial or cremation expenses for a deceased individual when relatives are unable and/or refuse to pay. The AG determined that it is lawful for a county to order a burial or cremation and to pay the expenses. The AG further stated that, in her opinion, when relatives have waived their right to a body, the waiver vests the county with the authority to order and pay for the burial or cremation. [AG Opinion- 2006-011: The AG stated that the county court has the authority to enter a judicial order authorizing the cremation of an unclaimed body after following all of the procedures of applicable law, and in cases where the deceased is a “pauper.” The AG further explained that A.C.A. § 20-17-702(a) requires a “diligent search” for the relatives or next of kin of the deceased and through this search, a deceased’s status as a pauper can be determined. If a county orders a body to be cremated without authority to do so, the AG stated that the county could be subject

The AG examined several laws on the allocation of fines from citations and misdemeanors within the boundaries of a district court. The AG concluded that the implementation of electronic tickets did not change the process or allocation of fines among the cities within a county. The AG also determined the number of district courts is set forth by statute and the mere act of holding court in a location within a district court district does not establish another district court. The AG further explained that a city that operates a police department but does not operate a district court can only share in the revenues if they: (a) have entered a written agreement affixing their share of the obligation for operating the district court and (b) actually contribute their share for the operating expenses of the district court. The AG explains that the written agreement is to be by and between all of the governing bodies of all of the political subdivisions in the county.

AAC

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Crisis units, training a must for Arkansas

rkansans with mental illness deserve a program that gives law enforcement an option to divert them to treatment versus incarceration. Simply locking up mentally ill people is not productive for the individuals who might need help nor is it beneficial to criminal justice. Unfortunately, many of these detainees, who did not commit violent crimes, become trapped in the revolving door of the system. Some of them should have never been behind bars and this fact exponentially impacts our state’s recidivism rate, which is above 35 percent. A local coalition of the AAC, Arkansas Sheriffs’ Association, the County Judge’s Association of Arkansas, the Mental Health Council and legislators has set out to educate and advocate for funding and establishment of regional crisis stabilization units in Arkansas along with crisis intervention training of law enforcement officers. We have conducted three regional meetings with legislators, law enforcement (both county and city), mental health professionals, prosecutors and other community leaders. Our goal is pretty simple, but it involves a lot of moving parts. Ultimately, we aim to begin a statewide program including crisis stabilization units (regionally) and crisis training for our officers who would have the option to divert some of the mentally ill they encounter from incarceration to treatment. We believe this effort better serves Arkansas residents, will reduce the recidivism rate, increase public safety, save money and help ensure county jails have bed space and are available to the communities they were intended to serve. Our state’s jail and prison populations will continue to expand, and we need to address it in several facets. One of those that makes sense to us is to give law enforcement training and a diversion option when encountering mentally ill on the street. Today, Arkansas officers will have no choice but to arrest people who might have benefitted from treatment instead of entering the system. This single effort alone won’t solve prison and jail overcrowding in our state, but we feel it is certainly one tangent of the solution and it addresses the human aspect of this crisis. It’s not all about the numbers. It’s about the people, too. In 2006, the Bureau of Justice Statistics found the majority of state, federal and jail inmates had mental health problems and 15 percent had severe mental illness. The Arkansas Constitution explicitly provides that “the General Assembly shall provide by law for the support of the institutions for the treatment of the insane.” See Ark. Const. 19 § 19. How we care for those with mental illness in Arkansas is not just a matter of public health; it is an important part of public safety and it’s the right thing to do. As we all know, it all comes down to funding. So we’re not sure just what the Arkansas General Assembly has an appetite for in regards to funding crisis stabilization units and training; however, we are hopeful we can continue the conversation with legislators and leadership and work toward implementing this program in the Natural State. We know it is important to get this ball rolling and we are encouraged by recent momentum. Arkansas is ranked 50th in the “Report of America’s Health Care System for Serious Mental Illness” from the National Alliance of Mental Illness (“NAMI”). Arkansas dropped from a “D” to an “F” COUNTY LINES, FALL 2015

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between 2006 and 2009, and the 2009 report finds urgent needs for evidencebased practices, crisis services and Crisis Intervention Teams (CIT) and diversion. The U.S. District Court, Eastern District of Arkansas, Judge G. Thomas Eisele declared that our local and regional jails should not become our mental hospitals by default; and that it is up to the General Assembly to address needs Scott perkins for services and mental health treatment Legislative and facilities. See Winters v. Ark. Dept. Health and Human Services, John Selig, et al. 491 Communications F. 3d 933 (8th Cir. 2007). Director Forty-five states have diversion programs of some fashion, and Ohio lawmakers recently approved a new $3 million grant program to address the mental health needs of offenders in county jails in hopes of reducing jail populations and reducing recidivism. The Centre Daily Times reported on Nov. 20 that counties and social service agencies in Ohio could use the grants to provide treatment programs in jails and to provide additional treatment once released. The funding manifested from savings the state gained when it merged its mental health and addiction services agencies in 2013. Ohio also provided $3 million during the past two fiscal years. Ohio officials said the effort is seeded in reducing recidivism and increasing public safety. The Stepping Up Initiative will also give some of those counties free training and technical assistance as well. The initiative is a collaboration of the National Association of Counties, the Council of State Governments and the American Psychiatric Foundation. Go to http://www.naco.org/resources/ programs-and-initiatives/stepping-initiative for more information. Some Arkansas sheriffs and legislators have visited crisis stabilization units in Texas this year and said they were impressed with what that state has done in this arena during the last decade. Estimated expense for a 16-bed crisis unit is about $2 million a year. Of course, every unit is different as some function with less funding because of public-private partnerships in the community whether it is hospitals, shelters or stand-alone facilities. In San Antonio, officers who encounter people with mentalhealth and substance-abuse issues who are engaging in activity that could lead to a low-level misdemeanor arrest are trained to take those people instead to a facility known as a crisis intervention unit for treatment. In the last several years, the program has diverted more than 17,000 people statewide from jails and emergency rooms, provided training in crisis intervention to more than 2,600 law enforcement officers and more than 250 school police officers and administrators, and saved taxpayers more than $50 million. Bexar County, Texas, now has empty beds instead of overcrowding. The state also reduced its recidivism rate from more than 30 percent to less than 6 percent. It’s time we get serious in Arkansas. 13

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The present and future needs of our state highways, county roads, city streets and bridges

rkansas Gov. Asa Hutchinson issued a proclamation in April declaring the necessity of a well-maintained road system. He referenced the various independent studies that have determined that the “state highways, roads, streets and bridges” in Arkansas are in dire need of construction, reconstruction and maintenance. The proclamation also determined that: (a) the revenues currently available are inadequate for the preservation and maintenance of the existing state highways and local roads infrastructure; and (b) the current structure of the motor fuel tax is inadequate due to reductions in revenues due to fuel efficiency and use of alternative fuels. The Governor appointed the 20-member Working Group on Highway Funding (“Working Group”) to actively involve the public to determine adequate funding for the “present and future needs of the state highways, county roads and city streets” and to provide the Governor with recommendations to create a more reliable, modern and effective system of funding by Dec. 15, 2015. The immediate needs determined by the Governor’s Working Group are approximately $160 million (allocated among the state, cities and counties as per the traditional 70-15-15 revenue sharing formula). On Dec. 3, 2015, the U.S. Congress adopted a five-year highway funding authorization that will increase highway funding nationwide. As a result, the Arkansas State Highway Commission (ASHC) will need approximately $50 million in additional state revenue for each of the next five years in order to match the additional federal funding. State, City and County Maintenance Road and Bridge Needs The chronic problem the ASHC has faced in the last 30 years has been to maintain the existing state system — interstates, U.S. Highways and state highways. These maintenance needs of the ASHC for road and bridge maintenance are well documented. During the 2012 general election, Arkansas voters adopted Amendment 91 of the Arkansas Constitution. This provided the ASHC 70 percent of a half-cent statewide sales tax for construction and improvements of four-lane highways and bridges. Meanwhile, the major ongoing needs of the ASHC for the maintenance of the thousands of miles of two-lane states highways (more than half of the entire state system) continues to experience funding shortfalls. Our two-lane state highways and bridges are deteriorating in the midst of the largest state construction program in Arkansas history. Despite the provision of 15 percent of the half-cent statewide sales tax by the people under Amendment 91 of the Arkansas Constitution, the challenges for maintaining the even larger existing system of local roads and bridges in Arkansas continues. During the County Judges Association of Arkansas (CJAA) meeting on Oct. 2, 2015, the CJAA invited 14

RESEARCH CORNER

the Governor’s Working Group to attend a presentation and participate in a dialogue on the current and future maintenance funding needs of county roads and bridges in Arkansas. Sebastian County Judge David Mark Whitmore Hudson, president of the CJAA, AAC Chief Counsel moderated and, along with other participating county judges, presented the Working Group an explanation on the funding limitations for present and future needs of the county roads in Arkansas. The CJAA stressed that our road and bridge system in the state of Arkansas is interconnected among the state, county and city governments. There are reported approximately 102,594 miles of roads and streets in Arkansas — the state has 16,418 miles (16 percent); counties have 68,658 miles (67 percent); and cities have 15,518 miles (17 percent). There are 12,669 bridges 20 feet long or longer in Arkansas, and 2,591 are structurally deficient or functionally obsolete. The state has 7,346 bridges — 58 percent of the total — and 16 percent or 1,196 are structurally deficient or functionally obsolete. Counties have 4,297 bridges — 34 percent of the total — and 27 percent or 1,174 are structurally deficient or functionally obsolete. Cities have 1,026 bridges — 8 percent of the total — and 22 percent or 221 are structurally deficient or functionally obsolete. This means that counties are (a) maintaining approximately 67 percent of our system of state and local roads in Arkansas; and (b) maintaining, repairing or replacing 4,297 county bridges (34 percent of the total), of which 27 percent or 1,174 are structurally deficient or functionally obsolete. The need for more funding for both state highways and county roads is plain. Failure to address the situation will only result in further deterioration of the infrastructure and the public safety of the traveling public. During the CJAA meeting, several county judges, including Independence County Judge Robert Griffin, Garland County Judge Rick Davis, Dallas County Judge Jimmy Jones, Benton County Judge Bob Clinard and Polk County Judge Brandon Ellison, explained the infrastructure needs in their counties. We also explained revenue sharing issues between cities and counties. While it is common knowledge for county officials, many state officials were surprised to learn much of the following: the “county road tax” under Amendment 61 of the Arkansas Constitution adopted by the people in 1982 authorizes the quorum court to annually levy a county road tax not to exceed 3 mills for the construction and repairing of public roads and bridges in the county where levied. However, ACA 26-79-104, a prior legislative act, purports to direct sharing of that revenue with cities (that of the amount of the county road tax collected from the annual property tax, not to exceed 3 mills, that the county courts (county judges) shall apportion COUNTY LINES, FALL 2015

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one-half, except where a greater amount is allowed by law, of area bears to the area of the state; 17 ½ percent according to the amount collected upon the property within the corporate the amount of state motor vehicle license fees collected in the limits of any city or town for use in making and repairing city calendar year preceding the distribution with each county to streets and bridges in the respective cities or towns). Plainly, receive the proportion that the total of fees collected from the the sums available for county roads and bridges less the sums county bears to the total of fees collected in the state; 17 ½ apportioned to the cities are not adequate. Further, several percent according to population with each county to receive counties have special acts whereby the cities’ share is in excess the proportion that its population bears to the population of of the 50-50 split. A cursory examination will reveal to the the state; 13 ½ percent according to rural population with Governor or legislators that in many rural counties, one mill each county to receive the proportion that its rural population in property tax annually is not enough to buy or lease a couple bears to the rural population of the state; and 20 ½ percent of road graders each year. Many counties find it necessary to divided equally among the 75 counties. Much of the economy appropriate general county sales taxes or dedicated county sales in Arkansas is based upon agriculture, cattle, poultry, timber, taxes just to maintain their existing roads and bridges. oil and gas production, hunting, fishing and tourism. Arkansas Many legislators and even state officials on the Working Farm Bureau recently reported that agriculture in Arkansas is Group were surprised to learn that countywide general sales a $20 billion industry. taxes are apportioned on a pro rata basis between the county Those advocates seeking a different split may not have and the cities; and the city council allocation or portion is participated in the various subject to appropriation by coalitions supporting past the city council each year in road funding. Amendment the annual city budget. See 91 of the Arkansas Attorney General Opinion Constitution adopted by he bottom line is that only the largest counNo. 2014-077. the people in the General The bottom line is Election of 2012 included ties in Arkansas have revenues available to that only the largest the traditional 70-15-15 counties in Arkansas split or revenue sharing. build new bridges or new roads on new locations ... The have revenues available Those pondering revenues to build new bridges for roads should be or new roads on new myths, misinformation and knowledge gap on these mat- mindful of the traditional location. The projections and recent support of the for the counties’ share people for the traditional ters outside of rural Arkansas was and remains wide. of 15 percent for 2016 70-15-15 split. Not all that are approximately $85 long ago, during the First million for county roads Extraordinary Session and bridges statewide. of 2008, the General Except for their county state aid, most counties use their Assembly enacted an increase in the severance tax on natural dedicated road revenues to maintain, rebuild or resurface gas from the meager $640,000 annually to the modest rate in existing roads and bridges. The myths, misinformation and order to partially offset the increased road and bridge damage knowledge gap on these matters outside of rural Arkansas caused by the gas production industry. These dedicated road was and remains wide. taxes were supported by the industry. Absent support from Those that may advocate a different split may not be familiar rural Arkansans and allocation to local roads, the measure with the facts above and below. Commencing in 1965 the would have never received support of a super-majority of people of Arkansas and their representatives established a the Legislature. As stated recently by Rep. David Hillman, revenue share in the passage of dedicated road funding for a member of the House Public Transportation Committee, state highways, county roads and city streets based upon a the traditional split “is fair to everyone. ... Whatever we do to traditional 70-15-15 split. From that point forward each find more money for Arkansas’ transportation system needs gasoline, diesel or alternative motor fuels tax adopted by to be shared on the same basis as in the past.” Rep. Hillman the General Assembly or the people, including the recently underscored the substance of the Governor’s proclamation adopted half-cent sales tax under Amendment 91 of the and observed, “The transportation needs in Arkansas are Arkansas Constitution, contained an allocation to the state, more than just those of the state highway system. They are city and county under a 70-15-15 split. This revenue sharing those of our counties and cities — all of which are necessary is based upon the commonly understood principle that: for adequate and safe roadways that our citizens deserve.” Rep. Lanny Fite, former Saline County judge, also observes all Arkansans — urban and rural — pay motor fuel taxes; that our transportation system is exactly that — a system of that additional funding is needed for both our state and local state and local roads and bridges; and that the sums derived roads and bridges. But even with the recent increases in dedicated road funding between cities and counties from a pro rata portion of a 3-mill from the severance tax and the dedicated sales tax, as declared property tax are grossly insufficient to maintain our local in the Governor’s proclamation, “the tax structure on motor county roads, city streets and local bridges. fuels in this state is currently inadequate.” Because the tax The traditional split under ACA 20-70-207 further sets on motor fuels is a per-gallon basis rather than a sales tax for forth a traditional formula for division of the county portion, the county share of 15 percent as follows: 31 percent according See “ROADS” on Page 26 > > > to area, with each county to receive the proportion that its

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Some of the ramifications of the DOL’s proposed labor law changes are evident

he Obama administration has proposed yet another rule that could negatively impact our counties across the state. The U.S. Department of Labor (DOL) currently has a pending rule change to update and revise the regulations issued under the Fair Labor Standards Act (FLSA). This would alter the way employers implement the “white-collar” exemption to minimum wage and overtime pay for executive, administrative and professional employees. The last time this rule was changed was in 2004 when the minimum pay requirement was increased from $8,060 per year to the current figure of $23,600 per year. Currently the “white-collar” exemption under the FLSA is determined by using three tests. The first is the “Salary Level Test,” which is a simple test revealing that any employee being paid on a salary or fee basis of at least $455 a week (the equivalent of $23,660 annually) qualifies. The second is the “Salary Basis Test,” which requires the employer to pay the employee a predetermined amount of compensation each pay period. The compensation cannot be reduced because of variations in the quality or quantity of the work performed. Improper deductions include partial-day absence such as the employer was closed due to a holiday or the employee had jury duty. Some deductions are allowed and still qualify under the salary basis test. These include an absence from work for one or more full days for personal reasons, other than sickness or disability. The final test is the “Job Duties Test.” The definition of this is broader and not as cumbersome. If the employee’s primary duty is management of a department or a subdivision, then that will satisfy this test. Another duty that qualifies is if the employee has the authority to hire or fire other employees and or make recommendations as to hiring or firing. The employee must meet all three of the tests to be qualified for the “white-collar” exemption. The key component to DOL’s proposed rule is to increase the salary basis test, which sits at $455 per week. The administration would like to see that amount raised to $921 a week. The goal of the White House is to set the standard salary level at the 40th percentile of weekly earnings for full-time salaried workers across America. While California may be able to accommodate this increased number, Arkansas may fall short. What does this proposed mandate mean for counties with exempt employees making less than $921 a week? If this rule is implemented, counties will be faced with two options. Employers could do nothing, and this new rule would require them to begin paying their currently exempt employees overtime. If employees do not work overtime and are currently exempt, bud-

Governmental Affairs

gets would not be impacted. Nevertheless, these employees may decide they need to start working overtime to make some extra spending money. A county could combat this with a policy that states, “The county will not pay overtime to an employee in said position.” The other option counties would have is to raise the Josh Curtis salaries of exempt employees to the Governmental Affairs new minimum amount. This may be Director less harmful financially and could be a reasonable solution. Counties will have to analyze their situation and make calculations for each current exempt position. One other component to the proposed rule is uncertain — an automatic annual adjustment. This would allow an annual adjustment to the overtime pay threshold. This change would create uncertainty for county governments and would place an undue administrative and monetary burden on county governments. It would become difficult to plan for and implement salary increases due to these annual undefined overtime pay changes. Counties are not like the federal government; they do not print their own money. Arkansas has a balanced budget amendment, and counties can appropriate only 90 percent of their anticipated revenue, which is much more stringent than operating under a balanced budget. In a time when county revenues are stagnant, everyone is looking for ways to cut costs. The proposed rule mandate will not help this endeavor and most likely will cause counties to increase their overtime budgets with no new revenue. The employees are not immune to the negative impacts of this proposed rule. The overtime salary change would reduce the number of exempt employees and change their classifications. The change from exempt to nonexempt status could reduce the county employees’ fringe benefits and incentive compensation. Additionally, positions could be cut and replaced with part-time employees. This is one scenario that is being discussed among those in the business community. The Association of Arkansas Counties pays dues for every county in the state to be a member of the National Association of Counties (NACo). AAC staff has been working with NACo to express their concerns with this proposed rule. NACo urged DOL in late August to extend the public comment period, which ended Sept. 4. It is unknown when DOL officials will make their final decision regarding this rule.

www.arcounties.org 16

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A brief history and update on the continued obstacles facing Arkansas’ death penalty

Legal Corner

n Nov. 28, 2005, Arkansas executed Eric Nance, executions of the 34 inmates cur45, of Hot Spring County, by lethal injection. The rently on death row. execution followed a 90-minute delay for the U.S. In an attempt to “address objecSupreme Court to consider one final time Nance’s tions to the method of lethal inclaims of mental illness and exonerating DNA evidence — to no jection previously provided by law avail. Nance was convicted and executed for the murder of 18- and to address the problem of drug year old Julie Heath, who was found by a hunter about a week shortages,” the Arkansas General Asafter her 1993 disappearance with her throat sliced by a box cut- sembly passed Act 1096 of 2015, ter. The state has not performed an execution since. sponsored by Rep. Douglas House LINDSEY BAILEY According to the Encyclopedia of Arkansas History & Culture, (R) of Pulaski County. First, the act General Counsel Arkansas has executed 195 inmates since 1915: 57 white males, gives the Department of Correction one white female, 134 black males, one Hispanic male and two the authority to “order the dispenNative American males. The state’s chosen method of execution sation and administration” of drugs has varied over the last 100 years. John Arthur Tillman, executed to carry out executions by lethal injection, absent a prescription in 1914, was the last man executed by hanging, after which state requirement. The act dictates that the department shall select eilaw then prescribed executions to be carried out by electric chair. ther a barbiturate for the procedure, or “Midazolam, followed In 1983, the Arkansas General Assembly passed a law adopting by vercuronium bromide, followed by potassium chloride,” lethal injection as the state’s exclusive method of execution. Odd- whichever is available. The law further requires that the drugs ly enough, inmates be either FDA-approved, obsentenced to death tained by a manufacturer that is before the 1983 legFDA-approved, obtained from islation were allowed a FDA-registered facility or obto choose between tained from a nationally accredelectrocution and leited “compounding pharmacy.” ess than three months after Act 1096’s thal injection as their The department director is still method of execution, responsible for establishing the passage, the U.S. Supreme Court and the first inmate procedure by which the drugs executed since 1964 are to be administered. weighed in on the death penalty legal chose to die in 1990 Additionally, Act 1096 keeps issues affecting the ability of Arkansas, as well by the electric chair. the “identities of the entities and He was the last inmate persons who participate in the as other states, to carry out ordered executions. in the state to do so. execution process or administer Arkansas continued to the lethal injection” confidencarry out executions tial, as well as the identities of by lethal injection unthe drug suppliers, even in the til Nance’s execution course of litigation. Finally, the in 2005, when its efact retains the provision of the forts were thwarted for a decade by legal challenges and difficulty law that identifies death by electrocution as the state’s prescribed obtaining the drugs required. Pharmaceutical companies once method of execution if lethal-injection execution is ever invalidatused to obtain the state’s lethal-injection drugs have since refused ed by the courts. to provide these drugs for lethal-injection purposes. “Reinstating” the death penalty in Arkansas has been a hot Recent Developments topic for political candidates recently, with most in support Less than three months after Act 1096’s passage, the U.S. Suof reinstatement. In what seemed like a substantial victory for preme Court weighed in on the death penalty legal issues afdeath penalty proponents, in March 2015, the Arkansas Su- fecting the ability of Arkansas, as well as other states, to carry preme Court reversed a circuit judge’s ruling, declaring Arkan- out ordered executions. Glossip v. Gross came from Oklahoma sas’s lethal-injection law constitutional, despite the lower court’s by way of the Tenth Circuit but directly addressed the same isassertion that the legislature gave the Department of Correction sues that had plagued Arkansas’s chosen method of execution. too much discretion in determining the type and amount of Oklahoma had chosen a three-drug protocol of a barbiturate (sodrugs used. This ruling opened the door for the General Assembly to prescribe new procedures for the state to carry out its See “DEATH PENALTY” on Page 25 > > >

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Using private option insurance to pay inmate health care costs

he combines and cotton pickers have taken to the field harvesting crops planted months ago — crops planted with no guarantee to make it to harvest. Today’s high tech farmers are using new methods and technology to reduce costs and increase yields. Yet, some still choose to not learn about new technology or to invest in upgraded equipment. More and more of the “old school” farmers are going out of business. While no farmer can control the weather or the commodity market, every farmer has to work to control their costs and increase yields by using the tools and technology that are now available to them. Jail Inmate health care costs are no different. In April 2013, Gov. Mike Beebe signed into law the Arkansas Healthcare Independence Program. This is the program commonly referred to as “the private option.” It allows the state of Arkansas to use federal money to purchase private insurance policies for individuals who have a household income at or below 138 percent of the federal poverty level. A single individual can make up to $16,242 a year and receive a private insurance policy at no cost to the individual. The policy requires only a $4 to $8 co-pay. If an insured has no income, there is no co-pay, no monthly premium, no deductible and no coinsurance; its 100 percent free. Plus, a medical provider getting paid through private option health insurance gets paid at a rate higher than the traditional Medicaid rate. The private option health insurance program has the potential to almost eliminate uncompensated health care in Arkansas. So far, hospitals like UAMS in Little Rock have seen their uncompensated care costs reduced by as much as 50 percent, resulting in millions of dollars in savings. With the encouragement of the Arkansas Department of Human Services, some Arkansas sheriffs are already using this new private option health insurance program to reduce county jail inmate healthcare costs. Under the traditional rules, federal Medicaid dollars are available to pay for jail inmate healthcare only after the inmate has been admitted to a hospital for 24 hours or more. A county jail inmate already enrolled in Arkansas’ private option insurance program has health insurance that will pay any approved medical provider — regardless of the length of stay. By being enrolled in the Arkansas private option insurance program instead of the Medicaid program, a county jail inmate literally has “private” insurance. Private insurance cannot be terminated until an inmate has been held for the lesser of 30 days or the end of the month in which detained. This means most county jail inmates can have private health insurance to pay for health care while in jail. Pope County Sheriff Shane Jones was one of the first sheriffs to start implementing the private option health insurance program for county jail inmates. Jones said his effort to enroll county jail inmates in the private option health insurance program will reduce inmate healthcare costs over time and pay big dividends for Pope County. “For a number of different reasons we end up arresting the same offenders over and over. Most of the time these offenders are not employed and qualify for the private option health insurance. If we can get them enrolled in the private option while they are in our jail, it can possibly serve two purposes. First, many of these offend18

County Law Update

ers suffer from untreated mental illness and as a result they end up committing crimes and coming back into the jail and becoming a financial burden on the county. If we can get these individuals enrolled in the private option health insurance and then seen, treated and properly medicated, we may never see a number of them again. Mental health treatment reduces the likeliMatthew Glass hood of reoffending. Second, some Guest Columnist people are just habitual offenders. It’s not uncommon at all for us to see the same guy four or five times a year. Well guess what? If we enrolled him in the private option the last time he was here then we don’t have to worry about the cost of health care for him. We can simply give the hospital or the doctor’s office his insurance information. It’s a no-brainer for us. I think over time this program has the potential to save the tax payers of Pope County a ton of money,” he said. Mississippi County Jail Assistant Administrator Bonnie Brooks said the process of getting someone enrolled in the private option has been very simple for them. “When an inmate is released we offer them the opportunity to apply for the insurance. It’s no extra work on us. Even if it was, it would still be worth it. We can’t make them apply for it and believe it or not some of them actually refuse to do it, but a large percentage of them actually fill out the applications. Someone from Fidelity then comes by once a week and picks the forms up, processes them and that’s it. We don’t have any other involvement in the process at all until they show back up in our facility and need medical treatment. We have been participating in the program since May and expect that by this time next year 50 to 60 percent of the offenders we house will come in with the private option. Most of our inmates are not held here for 30 days, so we see this program as a huge benefit to us,” Brooks said. The key to a viable health insurance program is a large group of insured users. Enrolling county jail inmates into Arkansas’ private option health insurance program is legal and will actually help Arkansas build the large base of insured people that is needed for the new federal health insurance program to work. The program is available for free to all AAC members. Each county is encouraged to call the Fidelity Insurance Group to get the enrollment program started in your county jail. For more information please call Matthew Glass at 501-247-0560. Matthew Glass is is a guest contributor to County Lines. Mr. Glass is the president & CEO of Fidelity Insurance Group, a statewide independent insurance agency that represents a broad array of clients from municipalities to private business owners. Mr. Glass started his career in insurance and risk management with Bentonville-based Wal-Mart nearly 15 years ago and serves on a variety of boards around the state. COUNTY LINES, FALL 2015

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Going paper lean in ‘16

ased on past experience you may think you are about to read about nutrition and exercise. Not this time. This is about being good stewards of our resources — money, time and our environment. This is about going lean on paper. Have you and your county ever thought about having your county’s records scanned and saved digitally? Have you thought about the savings you might see? Does your county, like many counties, have paper records dating back to the 1800’s that are fading and disintegrating? Do you have records on microfilm that require costly machines to read? What is your county’s plan if your paper records fall victim to some sort of disaster like the fires, floods or tornados that some counties have experienced? An increasing amount of compelling evidence shows that it is time to give some serious thought to the idea of transitioning to a paperless office. Let’s start with the issue on most of our minds — money. The thought of scanning all records is no doubt overwhelming. You may be thinking that your county does not have the manpower or money to make it happen. First, there is no need to scan every piece of paper tomorrow. For example, devise a five-year plan. That spreads out the cost, as well as the work, and makes it a much less daunting task. Second, several reputable companies will do all the work for you. And they are amazingly affordable. Some counties are considering the transition to paperless; some already have begun the process; and some have completed the process with all their past records and are maintaining electronic records as new ones come in. Here are some numbers from Pulaski County Treasurer/Collector Debra Buckner, not from a Google search of statistics. Keep in mind that these numbers are from the largest county in the state and from both the treasurer and collector’s offices. Buckner said that when she and her staff began considering having their records scanned, they thought $30,000 would cover the cost of scanning historical documents. With their projected budget in mind, they issued requests for bids. The bid they accepted came in under the projected budget. Here are the yearly combined expenditures for the Pulaski County treasurer and collector’s offices: Yearly Combined Expenditures for Pulaski County Treasurer and Collector’s Offices

2010 $23,465.54 (includes catch up from previous years) 2011 $12,652.50 2012 $19,336.40 (includes catch up from previous years) 2013 $15,156.33 2014 $18,304.46 (includes microfilm that was scanned)

“The big savings comes from not buying more filing cabinets and not taking up more large areas of floor space to file paper,” Buckner said. “[The cost of] using geek sticks/CDs and eventually the Cloud storage is tiny, tiny, tiny. We are not having to heat COUNTY LINES, FALL 2015

and cool rooms to protect a bunch of filing cabinets full of old papers.” Both offices try to scan and organize the following documents each year:

Savings times 2

Wallet & waistline

• Bank statements and checks (by bank and month) • Housing checks (by name, date, check number) • Voided payroll and payables checks (by check number) Becky Comet • Voided Housing, Housing AAC Member DHAP, Housing FSS checks Benefits Manager (by check number) • Statements/Due To Due From (by month) • Jury checks (by name, date, check number) • Account payable checks (by name, date, check number) • Poll worker checks (by name, date, check number) • Payroll checks (by name, date, employee number, check number) • Payroll advices (by name, date, employee number) • Payroll deducts (by name, date, check number) • Summary of Account Balance (by month and year) • Receipts (by month and receipt number) • Annual School Report (by School) • General Ledger CD (disc to disc) • DAV • INA combined credit card and eCheck report • Final settlement/Original charge • Deeds and redemptions • Real Estate Tax Books A single binder of CDs can hold, for instance, the treasury records from 1992 forward. That is one binder compared to a courthouse basement full of boxes. As you can imagine, having all records stored on CDs vs. on paper would make disaster recovery easier. “Of course security is a big relief,” Buckner said. “Our vendor also has a permanently stored copy of everything, so we have a great Plan B if our archive is destroyed.” That should give you some food for thought about going paper lean in your county. As you can see, going paperless works right here in Arkansas. Pulaski County has preserved important records dating back more than 100 years. This county is saving and will continue to save money on expensive filing cabinets and the space to house them in a climate-controlled area. Finally, Pulaski County records are now safe from any kind of disaster. What more could your county ask for? We have the technology. The time has come. Go lean on paper in your county. Feel free to call me here at the AAC office if you have questions about going paperless. If I cannot answer your question, I can put you in touch with someone who can. 19

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Out with the old, in with the new

o you hear that rumble? It’s the big elephant, the whole Baby Boomer workforce that marches through like a herd of elephants — retiring! Some started at the age of 62 in 2008 — some even younger because of a good retirement plan. Baby Boomers account for more than a quarter [26 percent] of the total U.S. population. The title of this article is not meant to be offensive, rude, irreverent or to discriminate in any way — but simply to note that the county workforce has changed significantly and will continue to do so over the next few years. In January 2011 the oldest Baby Boomers turned 65 and every day over the next several years about 10,000 more will cross that threshold — every single day. About six years ago I broached this subject wondering how the mass exodus of Baby Boomers would affect the county work force. I’m revisiting the issue to see what is actually happening. Who are the Baby Boomers? I’m one of them. They are those of us born between 1946 and 1964 and depending on whose statistics you read, we are somewhere between 77 and 79 million strong. The so-called leading-edge Boomers were born between 1946 and 1955 [which includes me], while those born between 1956 and 1964 are referred to as late Boomers. The two groups differ in some very fundamental ways. Leadingedge Boomers, for instance, were eligible for the draft, but the draft lottery had ended by the time the late Boomers came of age. Leading-edge Boomers remember the family’s first blackand-white TV, while late Boomers grew up with a houseful of appliances. Leading-edge Boomers fought for a woman’s right to work, while late Boomers coped with working mothers. The Boomers do, however, share some interesting traits. As a general rule we are individualists; we are nostalgic; we are young at heart; we are altruistic and spiritual; and we continue to pursue self-discovery and self-improvement. And whatever you do, don’t call us “old,” because we know for a certainty that old age doesn’t begin until a person is well into their 70s — maybe early 80s. The comedian George Burns, who lived to be 100 years old, said, “Retirement at 65 is ridiculous. When I was 65 I still had pimples.” However, the reason for this article is not to figure out what makes the Boomers tick but to look at what impact, if any, the retirement of the Boomers is having on the county workforce in Arkansas. The Labor Department has been saying for years that there simply are not enough Generation Xers [those born from 1965 through 1978] to replace Boomers and that those available from younger generations might not be as enthusiastic about making public service their careers. What’s been happening the past few years as Baby Boomers retire? And what will happen the next few years as more retire? Our counterparts in the private sector have learned that it is increasingly difficult to replace the skills, knowledge and exper20

Seems To Me...

tise Boomers take with them when they retire. A recent research project at the University of Kentucky collected evaluations from employers concerning their older workforce. The respondents said that workers 50 or older are more reliable than the younger generation and they show up for work on time. The study also revealed that the older work force has a stronger work Eddie A. Jones ethic and that the younger worker is County Consultant more likely to arrive late and leave early. Older workers’ experience makes them better able to manage problems and respond to emergencies, and it makes them valuable mentors to the younger workers. Plus, the study concluded that older workers know how to deal with people better and provide better customer service. It almost goes without saying that Boomers are latecomers to the digital revolution. However, they are beginning to close the gadget and social media gap with younger generations. For example, the Pew Research Center says that among younger Boomers, fully half now use social networks, compared with 20 percent in 2008. That rate of growth is more rapid than for younger generations. In fact, in their use of technology, the youngest Baby Boomers are nearly as likely to be online as younger adults. Also, more than half (55 percent) of older Boomers now watch online video, compared with 30 percent in 2008. And nearly two-thirds of Boomers say they follow the news most or all of the time. It is very important for those working in politics and the public arena to stay abreast of current events. It was the Boomers, for the most part, that have made the conversion in county government from a manual system to a computerized or an electronic system. I will have to admit that some of us did it kicking and screaming, but we did it in order to move into today’s world. But, it is also the Boomers that have the laws, the regulations, the court cases, the AG opinions, the intrinsic formulas, the revenue and expenditure codes and all the other things that make county government work ingrained into their minds. They have more than a “software program” — they have knowledge. They can make county government work whether it is manual or electronic. It is incumbent upon those Baby Boomers that are still serving in county government to teach the younger generations the “ins and outs” of county government. Don’t just leave them a package of software. At the same time, it is the responsibility of the younger generations, the Gen Xers and the Millennials to learn the laws, the formulas and everything else they need to know so that they actually understand what the “software” is COUNTY LINES, FALL 2015

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doing for them. Another reason the transition seems to be going smoothly is Various auditors around the state say the loss of institutional that some Baby Boomers have done a little succession planknowledge and the total dependence on computer software is ning. They have hired wisely and then mentored a quality staff the greatest weakness in county government with the changmember to run for that position upon their retirement. It is true ing of the guard — Baby Boomers leaving while Generation that the electorate has the final say on who fills an elected ofX and the Millennials move in. Computerization, although ficial position of trust, but it is also true that a large percentage a wonderful tool, is no replacement for the flexibility of the of the electorate has come to realize that “county constitutional “human mind.” officers” are “working officers” and they understand the need to Arkansas’ county government operations have seen a great elect someone who knows and understands the intricate operaincrease in the number of retirements in the last few years, and tion of any particular office. it’s not over. The pace will increase during the next few years as The transition is also going smoothly because more partthe remaining Baby Boomers head quickly toward that magic time positions have been created to attract non-traditional number of 65. In fact, the magic number is less than 65 for type workers — retired Baby Boomers. By hiring the Boomers, some. Having a “defined benefits retirement plan” in Arkansas you reduce benefit costs but you get a good work ethic. Many government allows for earlier than normal retirement if a perBoomers get back into the work force after retirement — not son gets started in the arena of public service soon enough. just for extra money, but because they want to be useful. VariHow have we handled the transition so far? Rather well I ous surveys show that a majority of Baby Boomer retirees don’t believe. Most Arkansas want a traditional retirecounties are small and ment because of a strong rural. In the smaller interest in public service. counties in particular, They want to work in county government places where they can rkansas’ county government operations employment is permake a difference. ceived as being desirI am a Baby Boomer have seen a great increase in the number able; jobs are stable that retired 5 ½ years ago. of retirements in the last few years, and and the jobs come Guess what? I’ve been with a defined benefits back in the work force for it’s not over. The pace will increase during the retirement plan — five years. I flunked retirenext few years as the remaining Baby Boomers something that is not a ment. I just don’t know benefit of most jobs in head quickly toward that magic number of 65. In how to do it. I love to today’s market. Pay is work. I want to feel useful fact, the magic number is less than 65 for some. not usually a drawand be useful. I believe ing card for a county older workers enrich the government job, but workforce. After retirejob stability and a ment I almost immediretirement benefit are ately had the opportunity good draws. to get into banking or back into broadcasting, a field in which Many counties do have trouble recruiting and retaining I had many years of experience. But when county government employees for certain positions, mainly because of pay — or came knocking on my door I could not resist. I was formerly the lack thereof. Arkansas counties have trouble keeping law en- the “boss” — although I never liked being referred to in that forcement employees because law enforcement jobs with many manner. Now I’m bossed by a Gen Xer. And it works just fine. cities and the state pay more. We have become the training Retired Baby Boomers provide a pool of experienced labor and ground for law enforcement personnel, but we need to retain institutional knowledge. They have proven to be productive, those trained officers. Counties have also had difficulty recruitdedicated and loyal. ing IT workers for the same reason — pay scale. However, with Yes, it was the Baby Boomers that made the conversion from the deluge of technology and technology delivered services in manual systems to electronic systems in county government. the county courthouse, it is becoming increasingly more impor- But we want it both ways. We like to run dual systems — mantant for counties to have IT personnel on staff. ual and electronic. It is simply our nature. We have lived in both Listen to me! The tax bases of our counties are limited. We worlds, and we like to keep a foot in both worlds. But it cannot must learn to accomplish the job with fewer employees so always be that way. that we will be in a fiscal position to pay more per employee. We have been turning the reins over to the leaders of GeneraOne way to accomplish that is to make sure you are a “worktion X the last few years, and the transition will continue over ing” county official and not just a figurehead … not someone the next few years. The timing is perfect. Gen Xers are seeking just watching the others work. And always be working toward See “BOOMERS” on Page 22 > > > increased efficiencies.

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BOOMERS stability, and there’s nothing more stable than county government. They are looking for balance and perspective, and they are extremely independent. I believe those common traits will serve them well in county government and will serve county government well. Maybe most importantly, members of Generation X grew up with technology; they were the first generation to grow up computer literate. The transition is coming at the perfect time as county government moves toward high-tech delivery of services, complete computerization and a near paperless operation. At the same time Generation Xers are nostalgic for yesteryear. This generation is motivated to learn, work at a fast pace and hold onto traditions. That means they will be able to modernize while holding true to county government principles. And above all, remember to “work happy.” I don’t care if you’re a Baby Boomer, a Gen Xer or a Millennial, it is imperative to love what you do and “work happy.” To do that you need to: • Face your fears and overcompensate. You don’t have to be afraid of messing up. Study and learn your job. Lean in to what scares you the most. • Relax. Worry and anxiety are just a waste of time. If you

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study and learn your job it’s easy to relax. • Have fun. County government is not brain surgery or rocket science even though it is somewhat complex. No one is going to die from one of your office decisions. But it is a job that requires reading and studying, learning, doing and providing services. Yes, there will be some deadlines to meet, probably some office politics to overcome. These are normal work pressures, but you can and should have fun. Exude that personality that people want to work for and with. If you cannot “work happy” in county government, then you need to find a new line of work. As a Baby Boomer who has been in county government for 35 years, I look forward to continuing my work, albeit in a diminished role. And I will continue to enjoy doing it because county government is important and, in my book, a high calling. I urge you to find value in enjoying what you do regardless of whether you’ve been doing it for 35 years or if you just started your journey. I may never be a successful retiree because I can’t erase from my mind the words of Malcolm Forbes who said, “Retirement kills more people than hard work ever did.”

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Let’s talk about putting our new offerings to work for your plan. Information provided by Retirement Specialists is for educational purposes only and not intended as investment advice. Retirement Specialists are registered representatives of Nationwide Investment Services Corporation, member FINRA. Nationwide Retirement Solutions, Inc. and its affiliates (Nationwide) offer a variety of investment options to public sector retirement plans through variable annuity contracts, trust or custodial accounts. Nationwide may receive payments from mutual funds or their affiliates in connection with those investment options. For more detail about the payments Nationwide receives, please visit www.NRSforU.com. Nationwide Retirement Solutions, Inc. and Nationwide Life Insurance Company (collectively “Nationwide”) have endorsement relationships with the National Association of Counties and the International Association of Fire Fighters – Financial Corporation. More information about the endorsement relationships may be found online at www.nrsforu.com. Investment advisory services are provided by Morningstar Associates, LLC, a registered investment advisor and wholly owned subsidiary of Morningstar, Inc. Neither Morningstar Associates, LLC nor Morningstar, Inc. is affiliated with Nationwide or its affiliates. The Morningstar name and logo are registered marks of Morningstar, Inc. Nationwide and the Nationwide framemark are service marks of Nationwide Mutual Insurance Company. © 2013 Nationwide Retirement Solutions, Inc. All rights reserved. NRM-9664M1.NX (05/13)

1-614-435-8328 barberl@nationwide.com NRSforU.com/plansponsor

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AAC board dedicates Greer Memorial Library Law library named after former association Legal Counsel Jonathan Greer.

n Oct. 14, the AAC board of directors dedicated the association’s law library in the memory of former AAC Legal Counsel Jonathan Greer, who passed away in April. Board members and AAC staff members gathered with Jonathan’s family and close friends, where they shared stories about Jonathan and voiced how much Jonathan meant to them. Jonathan’s 4-year-old son, Charlie Gage, helped AAC Executive Director Chris Villines unveil the plaque bearing Jonathan’s image that now hangs near the entrance to the Greer Memorial Law Library. Charlie Gage also donated a book, entitled “Guess How Much I Love You,” to the libary. Artist Kyle Braxton Dooley, the 14-year-old grandson of AAC Consultant Eddie Jones and his wife, Phyllis, created an Arkansas flag oil painting to hang inside the library. The painting is based on an Arkansas flag painting that hangs in the state Capitol and that Jonathan admired. It contains four additional elements, one painted in each of the corners, that personalize the piece for Jonathan: the AAC logo, the initials JG, a law book and gavel, and a racehorse. The AAC plans to produce a limited number of prints of the Arkansas flag painting. They will be sold, with all proceeds benefiting the Charlie Gage Greer Scholarship Fund.

Top: A plaque bearing Jonathan’s image marks the entrance to the Greer Memorial Law Library at AAC headquarters. Bottom left: Artist Kyle Dooley and his grandparents Phyllis and Eddie Jones pose near the oil painting that Kyle created for the library. Bottom right: AAC Executive Director Chris Villines holds Charlie Gage Greer as he unveils the library plaque. Jonathan’s family and friends look on during the unveiling.

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Death penalty dium thiopental), a paralyzing agent and potassium chloride to induce cardiac arrest. However, under pressure from anti-death penalty advocates, pharmaceutical companies refused to sell their barbiturates for purposes of lethal-injection executions. Unable to obtain these drugs, effectively halting executions in the state, Oklahoma prescribed a new method, like Arkansas, using midazolam, a sedative, in place of the first drug, a barbiturate. Oklahoma death row inmates filed a civil action against the state, arguing that the midazolam would not render them unable to feel pain, thereby violating their Eighth Amendment freedom from cruel and unusual punishment, seeking an injunction against Oklahoma from using midazolam in its execution procedures. The court ruled in the state’s favor, citing that the inmates failed to “establish that the method creates a demonstrated risk of severe pain and that the risk is substantial when compared to the known and available alternatives.” The court found that the lower court did not err in determining that midazolam is likely to render a person unable to feel pain, finding that the state proved with “virtual certainty” that an inmate would not feel pain from the drugs used, with evidence suggesting that the prescribed dose would induce a coma. Finally, the court found no merit in the inmates’ argument that only four states have used midazolam in an execution, with difficulties associated with the drug in two recent executions. At the time of the June 29, 2015, Glossip ruling, eight Arkansas inmates sat on death row who, according to the state, had exhausted all options for appeal. By early July, the state confirmed that it had enough drugs to carry out eight executions according to the new law, and by early August, the Department of Correction had finalized new execution procedures. Subsequently, in the first week of September, Arkansas Attorney General Leslie Rutledge asked Gov. Asa Hutchinson to set dates for the execution of the eight inmates, and in the following week, four dates were set on which the eight inmates’ executions would be carried out. The first date set was Oct. 21, 2015, on which Bruce Ward, 58, and Don Davis, 52, each convicted of murdering a woman (in 1989 and 1990, respectively), were both set to die by lethal injection. Subsequent execution dates set for the remaining six inmates were Nov. 3, Dec. 14, and Jan. 14, 2016. Yet the story is far from over. In further litigation concerning Arkansas’ execution procedure, Jeff Rosenweig, attorney representing some of those inmates, sought to delay the executions. One of the inmates’ assertions attacks the secrecy allowed by Act 1096 regarding the drug manufacturers’ and distributors’ identities, claiming that disclosure of these identities is essential to ensure that the companies are reputable and in compliance with state law. The inmates also claim that the state had previously agreed to identify the source and quality of the drugs, and that the state cannot break its previous contract. On Oct. 7, Attorney Josh Lee argued for death row inmates before Pulaski County Circuit Judge Wendell Griffen, claiming that the inmates’ filings provided five alternative, more humane COUNTY LINES, FALL 2015

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execution methods than the current lethal-injection process, including death by firing squad, gas chamber and drug delivery through skin patches. Lee claimed that the current three-drug protocol would effectively cause the inmate to be “consciously suffocated to death while being burned alive from the inside,” and also pointed out that the inmates have nothing other than the word of the Department’s lawyers that the drugs are FDA-approved. Judge Griffen took issue with the provision of Act 1096 that dictates how and when information about a drug supplier’s identity could be admitted into litigation, an area traditionally left up to the judicial branch to determine. On Oct. 9, 2015 Judge Griffen granted in part, and denied in part, the state’s motion to dismiss the inmates’ case. The court found that the inmates would suffer “immediate and irreparable injury” absent a restraining order to delay the executions set to begin less than two weeks later. The court clarified that staying the executions would allow both sides adequate time for trial preparation and discovery to proceed to trial for the court to hear the inmates’ challenges to the state’s adopted method of execution in full. Trial dates have been set for March 1 and 2 with a preliminary hearing scheduled for Feb. 26, 2016. Additionally, the judge ordered the state to either turn over all product warnings and identifying labels from the drugs intended for the executions or to properly object to the presentation of this evidence to the court by Oct. 21. On Oct. 15, the state filed its appeal of the circuit court order with the Arkansas Supreme Court, arguing that by setting the hearing for March 1–2, 2016, the court in practice has “issued a long-term injunction under the guise of a temporary restraining order.” The Supreme Court overruled Judge Griffen’s stay on the executions, saying he overstepped his jurisdiction, but also immediately issued another stay in its place, and offered no alternative timetable to the hearing and trial dates set by the lower court. Thus, the state of Arkansas’s ability to carry out its executions remains in limbo — for the time being. However, with the current General Assembly overwhelmingly in favor of the death penalty, and the United States Supreme Court’s continued stance that state executions by a variety of methods do not violate the Constitution’s prohibition against cruel and unusual punishment, it appears to be a matter of when, and not if, the state will carry out final justice for the victims of the thirty-four inmates currently on death row. * On Dec. 3, 2015, Circuit Judge Wendell Griffen ruled in violation of the state constitution the provision of Act 1096 of 2015 which keeps the identities of drug suppliers used in lethal injections confidential, declaring it immediately null and void and ordering the state to provide this information by noon on Dec. However, shortly before noon on Dec. 4, the Arkansas Supreme Court issued a temporary stay on Judge Griffen’s order at the state’s request, allowing the drug suppliers’ information to remain confidential as the state appeals the lower court’s overall ruling. 25

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ROADS years, the revenues have been flat or declining. This, along with more fuel-efficient vehicles, results in road users paying less in motor fuels now than when the federal and state taxes were increased in 1993 and 2001, respectively. These factors along with the inflation for the costs of construction result in fewer revenues to maintain a deteriorating public state and local transportation infrastructure. The 70-15-15 split is needed to maintain the rather substantial rural economy in Arkansas. As was aptly stated by Randy Veach, president of Arkansas Farm Bureau, “Any decision that would lead to decreased focus on rural roads would be detrimental to rural Arkansans and Arkansas agriculture. We can’t afford any negative impact to our state’s largest industry … Arkansas Farm Bureau policy is solidly behind the maintenance and upkeep of quality farm-tomarket infrastructure.” Historically, the county officials have not done well at explaining or quantifying their needs to state officials or to the public. However, a couple of recently launched programs are proving helpful to this end. During the CJAA Road Seminar and Annual Fall Meeting in September 2015, Dr. Stacy Williams, director of the Center for Training Transportation Professionals (CTTP) and a research associate professor in the Department of Civil Engineering at the University of Arkansas, CJAA President and Sebastian County Judge David Hudson, Michael Morgan of Greenburg-Farrow, and Darryl Gardner of Ergon Asphalt and Emulsions made a presentation on the establishment of a pavement management program (and parenthetically on a double chip-seal method). This program was a follow up of the presentations of Larry Galehouse, executive director of the National Center for Pavement Preservation for Michigan State University, to the CJAA in September 2014. In essence, the presentation this year explained the pilot project conducted in Sebastian County for assessing the paved roads and establishing a pavement management program. Other larger counties have recently sought these consultant services primarily as an internal management tool. However, this information should prove useful in further assessing the maintenance and funding needs for our massive system of county roads. Similarly, Shelby Johnson, director of Arkansas GIS, and Jonathan Duran, GIS Analyst, made a presentation for the CJAA at the Road Seminar and Annual Fall meeting on another valuable tool under MAP 21 (the “Moving Ahead for Progress in the 21st Century Act” of the U.S. Congress). In particular, they reported on the progress underway in providing uniform foundational data to each county and the public on the location, number and miles of public roads in Arkansas. This massive undertaking will help provide a foundation for the number and miles of public unpaved, gravel, dirt and paved roads in Arkansas. The CJAA also met with directors of the various Economic and Planning and Development Districts to seek a way to assure each county has this foundational uniform data and has access to an assessment of their roads and bridges and (as sought by the Governor’s Proclamation) 26

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the “present and future maintenance and funding needs of the county roads and bridges in Arkansas. Moving Forward: Immediate Solutions for Maintenance; Long-term Solutions for Construction On Nov. 18, 2015, the CJAA Executive Board finalized a resolution that was discussed at the CJAA meeting on Oct. 2. It provides: 1. The CJAA opposes any proposal to reduce funding to counties or departure from the traditional 70-15-15 split; and 2. The CJAA opposes any proposal to transfer thousands of miles of state highways to counties and cities; 3. The County Judges of Arkansas and CJAA support the proclamation and statements of the Governor and preliminary findings of the Working Group that: • State highways, county roads, city streets and bridges in Arkansas are in dire need of construction, reconstruction and maintenance; • there is a need for increasing revenues for state highways, roads, streets and bridges in accordance with the traditional 70-15-15 split; • “the tax structure on motor fuels in this state is currently inadequate”; • dedicated road revenues have been flat or declining because of more fuel efficient motor vehicles and the tax on motor fuels is on a per gallon tax basis rather than a sales tax; • these factors along with the inflation for the costs of construction have resulted in less revenues to maintain a deteriorating public state and local transportation infrastructure. In particular the CJAA took note of the Governor’s recent statement that highways should be funded through a method that is not static and that “can grow with our economy as every other tax does.” The Governor observed that one example of what other states have done is to base the fuel taxes on costs rather than gallons purchased. The CJAA resolved to support the statement of the Governor and concurred that it is imperative that construction, reconstruction and maintenance of our state highways, county roads, city streets and bridges in Arkansas should be funded through a method that, as stated by the Governor, is not static and “can grow with our economy as every other tax does.” Cleburne County Judge Jerry Holmes was appointed by the Governor and diligently served on the Working Group. Judge Holmes advocated that if Congress adopts the Marketplace Fairness Act, that: the hundreds of millions in increased sales tax revenues be directed in part toward: (a) responsible reductions in taxes imposed upon Arkansans; and (b) addressing the dire needs for construction, reconstruction and maintenance of our state highways, county roads, city streets and bridges caused in part by the increased use by commercial transportation of inventory from internet sales. This potential COUNTY LINES, FALL 2015

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windfall could satisfy the need for a growing revenue stream for maintenance and construction. Also, there is a direct nexus between the substantial increases over the past decade in commercial truck traffic on our highways and local roads and bridges from the substantial increases in transportation of inventory from internet sales. It is apparent a simple increase in the motor fuels tax would not meet the criteria of growing over time, as posed by the Governor. Indexing motor fuel taxes to the U.S. Consumer Price Index will assist to correct the systemic lack of growth in motor fuel tax revenues and the purchasing power. Several states have enacted a sales tax on the motor fuels tax at the wholesale level. The Working Group recommendation included both of these methods for due consideration and the CJAA resolved to support funding methods that meet the Governor’s stated criteria. Finally, the Working Group recommended due consideration of several modest to large transfers from general revenue. Transfers from General Revenue were proposed during the last two regular sessions, unsuccessfully. If done in respect to a portion of sales related to motor vehicles, such transfers could meet the Governor’s proposed criteria. Perhaps responsible transfers in accordance with the 70-15-15 split for purpose of maintenance tied to motor vehicle related sales could meet the Governor’s criteria and not jeopardize

the priority needs of state and county governments. The Devil is in the details. The CJAA, county officials, justices of the peace and their constituencies will continue to work with the Governor and the General Assembly to arrive at a prudent solution that meets the Governor’s proposed criteria for addressing the dire needs for increasing revenues for our state highways, city streets, county roads and bridges. Meanwhile, each county judge and county quorum court are encouraged to engage the Governor and their members of the legislature to oppose efforts to modify the traditional 70-15-15 split, to shift thousands of miles of state highways to local taxpayers, to delegate new funding be directed exclusively for new construction or state aid. Please assure that the funding needs of your local roads and bridges are no less important to your community than building more four-lane interstates and highways.

On the Web:

Look for the Governor’s Working Group on Highway Funding preliminary report and the CJAA resolution at www.arcounties.org Search “Highway Funding” and “Judges’ Resolution.”

County & District Officials Directory 2015-2016 Corrections/Updates CLEBURNE COUNTY • E-mail for County Judge Jerry Holmes: judgejholmes@yahoo.com CLEVELAND COUNTY • E-mail for County Clerk Jimmy Cummings: jimmycummings@yahoo.com FAULKNER COUNTY • Interim sheriff is Matt Rice GRANT COUNTY • E-mail for County/Circuit Clerk Carol Ewing: grantcoclerk@gmail.com HEMPSTEAD COUNTY • E-mail for Treasurer Judy Lee Flowers: treasurer@hempsteadcountyar.com JOHNSON COUNTY • E-mail for Treasurer/Collector Leta Willis: jocotreascoll2@yahoo.com LONOKE COUNTY • E-mail for Sheriff John Staley: jstaley@lonokeso.com MARION COUNTY • Interim sheriff is Joan Vickers MILLER COUNTY • Phone Number for County Treasurer Danny Lewis:

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(870) 774-0003 OUACHITA COUNTY • Fax number for County Judge Robbie McAdoo: (870) 837-2218 • Phone number for County Sheriff David Norwood: (870) 231-5300 VAN BUREN COUNTY • Address for County Judge Roger Hooper: P.O. Box 60 • Email for County Clerk Pam Bradford: bradford.vbcclerk@mymedia3.com • Email for Circuit Clerk Ester Bass: vbccircuitclerk@gmail.com • Email for Collector Lisa Nunley: vbctaxes@gmail.com • Email for Treasurer Kim Hunley: vanburencountytreasurer@gmail.com • Email for Assessor Trina Jones: vbcassessor@gmail.com • Spelling of J.P.’s name should be Dell Holt, not Dell Hold WHITE COUNTY • Email for County Judge Michael Lincoln: wcjudgeasst@att.net YELL COUNTY • Phone number for Collector Bill Gilkey: (479) 495-4869

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Super project spu

Mississippi County sees benefits of B

Story by Michael Dougherty For County Lines Photos courtesy of Big River Steel

dozen or so high-lift cranes hoist steel beams and concrete blocks into place in what used to be a soybean field near Osceola in northeast Arkansas. All of these pieces are coming together to create Big River Steel, a massive steel complex that when finished next year will stand as the single largest private investment in the state’s history. The $1.3 billion steel mill and recycling facility also is expected to bring an economic boon to Mississippi County, which has a rich agricultural history. “We’ve been told to expect that the number of permanent jobs should rise from 525 to 1,100 after Phase II [of the steel mill] is completed,” said Mississippi County Judge Randy L. Carney. “So that has to have an enormous positive effect in our county. Our tax base will raise by 17 percent after the permanent jobs are filled.” Those projections provide hope to area leaders and residents who have in recent years seen the closure of a U.S. Air Force Base and several manufacturing facilities.

ig River Steel’s flat-rolled flex mill — the first in the nation — was the dream of John Correnti, the company’s chairman and chief executive officer before he died suddenly Aug. 18 on a business trip

to Chicago. Ground was broken on the 1,300-acre site in September 2014. Completion is expected some time in 2016. Company officials, now led by new CEO Dave Stickler, say the state-ofthe-art flex mill combines the best aspects of old and new, “a merging of the wide product mix and superior grade capabilities of an integrated mill with the nimbleness and technological advancements of a mini-mill.” It also will be the cleanest, most efficiently produced steel in the world, they said. One example of the efficiency is the hydraulic power roof system in the electric arc furnace, which the officials say will cut down on the amount of heat that escapes, thus reducing energy consumption. “Steel-making equipment, like all technology, evolves,” said BRS Chief Commercial Officer Mark Bula. “What was cutting-edge 20 years ago, today is naturally not as advanced as the newest steel mills being built around the world. “Big River is the newest in the world. It is the widest of any compact strip production [CPS] facility in the world. It can produce the thickest hot bands of any mini-mill in North America. And probably most significant is our ability to make the cleanest and most demanding grades of steel because Big River Steel is the only EAF [electric arc furnace] and compact strip production mill in North America to install an RH [Ruhrstahl Heraeus] degasser. He explained the degasser as a way to clean up the product made from the scrap steel that goes in on the front end. “Think of this as the process that mixes the steel to remove impurities,” Bula said. “RH degassers are more typical in inte-

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urring growth

Big River Steel presence.

“W

e’ve been told to expect that the number of permanent jobs should rise from 525 to 1,100 after Phase II [of the steel mill]

is completed, so that has to have an enormous positive effect in our county.

”

Our tax base will raise by 17 percent after the permanent jobs are filled.

County Judge Randy Carney Mississippi County

grated steel mills located near Detroit and Chicago.” The width of the hot band black steel manufactured in the new plant will range from 36 inches to 78 inches. The products to be manufactured by the 550 mill employees after the plant opens will range from lightweight advanced high-strength steels to the complex electrical steels, energy pipe grades and coiled plate dimensions required by the world’s newer products, according to the Big River Steel web site. Initial production capacity is expected to be between 1.5 million and 1.6 million tons per year. Eventually, company officials say, a three-phase expansion will bring employment at the plant up to 800 workers and production to 3 million tons annually.

ississippi County once was the world’s largest producer of rain-grown cotton. And though it is still known for its agricultural production — with cotton, soybeans, rice and corn as major crops — it has evolved into a manufacturing base. Eight steel-related industries have located in the county in recent years due in large part to its transportation system — a combination of river (Mississippi River), rail line (BNSF) and interstate highway (Interstate 55). But some of those industries — and others — have scaled back production. “Our biggest hit was the loss of the Fruit of the Loom plant and a car parts manufacturer, which, between the two, [meant] we lost about 2,500 jobs, plus another 1,000 or so with the loss of other smaller plants,” said Osceola Mayor

Dickie Kennemore. “For a period of time we were in a area depression, while the rest of the nation prospered. However, that has changed since the state landed its first “super project.” “Obviously, we expect growth for the city, county and northeast Arkansas,” said Mayor Kennemore. “Our unemployment will be reduced and growth will occur, as families move in to take advantage of the these jobs. The steel mill is projected to start with 500 jobs and grow to 850 jobs, but that is only the [beginning] of bigger things to come. The support industries and down-stream users are projected to bring in up to another 2,500 jobs over the next several years. In fact, these jobs have already started to come to the area. With all this economic activity, we will see an increase in sales tax, property tax and commercial-type business expansions.” Judge Carney said the 500 or so plant construction jobs have had a positive effect on the community’s outlook. “Attracting BRS has been a positive morale boost, in that being able to attract a super project of this magnitude makes us realize that we can attract any major industrial project,” he said. “We expect the subsidiary growth to be an additional possibly three or four smaller industries, with employment figures reaching between 50 and 150 per company. With 525 permanent jobs and Phase II of this project already being planned, the growth projection for the City [of Osceola] and [Mississippi] County will be most positive.” According to Mayor Kennemore, real estate sales during See

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This schematic drawing depicts the Big River Steel mill, a $1.3 billion project on approximately 1,300 acres in Osceola. The first flatrolled flex mill will have a production capacity of 1.6 million tons when completed next year.

the 2014-2015 period were better than they have been in several years. In addition, he said, revenue from the city sales tax has increased. Clif Chitwood, executive director of the Great River Economic Development Foundation, a group with governmental and private support charged with attracting business to Mississippi County, pointed to other indicators that the area economy already is improving. “Sales taxes in the county are up from 30 to 35 percent,” Chitwood said. “Houses are starting to sell. That evidence is more anecdotal, but it’s noticeable. I’ll hear ‘two houses sold in Osceola; two houses sold in Blytheville; a house sold in Manila.’” Wilson has a new housing subdivision, the first that’s been built in the county in 15 years, Chitwood said. “Some of the new businesses that support a new plant are only now starting to break ground. SMS Siemag AG [the Dusseldorf, Germany-based maker of all of Big River Steel’s manufacturing equipment] just purchased a building near the plant that will make a good regional center for them to serve BRS and the other steel mills they serve in the area,” Chitwood said. Other support businesses related to the steel mill’s opening are in the works, including Tenaris, Ipsco and Atlas, he said, noting that all of the related growth that Big River Steel had indicated would follow its plant construction has materialized. “The change in morale out in the community [since construction on the mill started] has been huge,” Chitwood said. 30

“And, in considering that, I’m thinking a lot about John Correnti and his life. I think he has had the biggest effect on the growth of this county of anyone since R.E.O. Wilson. In the long run, people will look at what Correnti did for this community that way.” Correnti was not alone in impacting the local community; area leaders also took steps to ensure economic growth.

ndeed, area leaders were hardly passive as they watched manufacturing facilities shutter their doors. They formed the Great River Economic Development Association and set out to prove Mississippi County worthy of new businesses. “GREDA identified our strengths, which are the Mississippi River, I-55, Burlington Northern Railroad, available high-voltage electricity, and large tracts of land adjacent to or near these other assets. Our strengths are attractive to heavy manufacturing,” Mayor Kennemore said. In addition, the county passed a half-cent sales tax for job creation. With money for promoting and two “super sites,” Mississippi County went on the hunt for a super project. John Correnti, who lived in the county, tried to bring a plant there with an earlier company. Others visited and considered the area for their plants, Kennemore said, but politics and the lack of support in previous administrations stymied each effort. Years passed. COUNTY LINES, FALL 2015

Above: Pictured is Big River Steel’s main substation with hubs and transformers installed. Far Right: This is an example of the type of laser welding machine that will be part of the steel mill and recylcing facility in Osceola. Right: Mississippi County Judge Randy Carney said the 500 or so construction jobs already created by the plant have boosted morale in the community.

Then Gov. Mike Beebe came into office, and the state legislature proposed revisions to Amendment 82 that would relax some of the thresholds put into place by voters in 2004. The measure allowed the state to issue $125 million in general obligation bonds in support of the Big River Steel project. That legislation also allowed the state Legislature to approve up to 5 percent of the state’s general revenue budget to be used for bonding of large-scale economic development projects. Political support for the “super project” had changed — and just in time. “John Correnti had sold his facility in Mississippi [with a previous company] and he and others wanted to build a new steel mill,” Mayor Kennemore explained. “He was already familiar with our site. He called me on an early Saturday morning in the fall of 2012 [and] said, ‘Let’s go look at your site again.’” Both Mayor Kennemore and Judge Carney say it took the joint effort of the Beebe administration, the state legislature, county and city officials, GREDA and others to land the Big River Steel project. However, Judge Carney also gives much credit to Correnti. Three things were key, Carney wrote in an e-mail: “(1) Infrastructure (Railroad, the River and Interstate); (2) John Correnti’s familiarity with Mississippi County and the good work ethic of the workforce in the county; and (3) Our county invested $14.5 million in the project, coming from Economic Development funds.” COUNTY LINES, FALL 2015

Bula, the BRS chief commercial officer, said that while the loss of Correnti was difficult to his co-workers on a personal level, the CEO’s death never endangered the project. “Big River Steel, like all companies of its size, has contingency plans in place for unforeseen events,” Bula said. “Although one never hopes to have to implement the plans, Big River Steel took steps following John’s passing that allows the company to continue on its path of building a growthfocused company. Dave [Stickler] and John had worked together for over 15 years and over the past few years developing the Big River Steel project. Dave held the position of chief administrative officer prior to John’s passing and he was and is a member of the board of directors and a significant investor in the company.” Bula added that Sticker had moved to Osceola over a year ago, demonstrating his dedication toward the success of the community. “Dave and his wife, Rebecca, will continue to be active in the local community,” Bula said. * Nucor Steel, once headed by Correnti, has two mills near Blytheville. It filed a lawsuit in Arkansas district court, opposing the Big River Steel project on environmental grounds, but that was dismissed. The company refiled the suit in federal court, where on Dec. 9, 2015, the court affirmed the Arkansas Pollution Control and Ecology Commission’s decision to grant a permit for Big River Steel. 31

THE

Line King Artist Richard DeSpain recreates state’s landmarks in pen and ink drawings.

Photo by Kitty Chism

Story by KITTY CHISM For County Lines

tep inside the Association of Arkansas Counties headquarters in Little Rock, and you can hardly miss the 19 pen and ink drawings in the lobbies and on the office walls. Take a closer look and you will discover that all were done by the same homegrown artist, renowned for the beauty of his hundred pen strokes per inch to illustrate familiar landmarks around the state. The artist is Richard DeSpain, 68, a longtime architectural draftsman for the state turned preeminent fine-line artist, famous for his deft drawings of some of the most notable places 32

in Arkansas. His genius amounts to a keen eye, a steady hand and the sort of attention to minutia that allows him to depict with microscopic precision all manner of subjects, duplicating exactly their texture, light and scale. He’s never done an official count of his originals. But based on the hand-written, leather-bound ledger he started a few years back, he puts the number close to 2,000. Large and small, they are all elaborate compositions that focus a high magnification lens on famous buildings and bridges, military aircraft and working crop dusters, as well as outdoor landscapes and elegant interiors with all of their fractal planes — or, when his subjects COUNTY LINES, FALL 2015

are people, all the distinct lines and edges that define their faces. “It’s a matter of control of the soft and harsher strokes of the pen to get just the right effect,” he said of his technique. “That is where the art comes in.” Prints of his originals, fine reproductions from the Horton Brothers presses in North Little Rock, now hang in hundreds of homes and offices of politicians, bankers, lawyers, chief executive officers and military brass. One is even in the collection of the only U.S. president from Arkansas, Bill Clinton, who called DeSpain’s 1994 portrait of him in front of the Old State House “a wonderful likeness.” And that it is — down to his animated eyes, shock of wavy hair and approachable stance. Of course, hundreds of DeSpain prints also hang in ordinary kitchens, living rooms and offices across the state and beyond. For most of his 24-year administration, former North Little Rock Mayor Pat Hays handed out to visiting dignitaries Opposite page: Artist Richard DeSpain has created approximately 2,000 pen and ink drawings one of DeSpain’s best sellers, a sketch of the Pugh of Arkansas landmarks over the course of his career. Above: AAC commissioned DeSpain to Old Mill, the city’s most famous landmark that create a pen and ink drawing of the AAC building for former Executive Director Brenda Pruitt. appeared in the opening scene of the 1939 movie “Gone With the Wind.” But the nerve center of the AAC, dedicated to stubby white start of a beard and mustache, and an oddly easyserving, representing and promoting this state’s 75 counties and going manner for an artist so pedantic about the incline and their nearly 1,400 elected officials, seems like an especially apstrength of his every pen stroke propriate backdrop for his Arkansas-centric art. Born in the tiny town of Marked Tree, the next to the youngThat’s at least what Brenda Pruitt thought in the late 1980s, est child in a family of seven kids raised by a no-nonsense single when she looked around at the empty walls of the association’s mom who moved her brood to wherever she could find work, original West Third Street headquarters from her desk, first as he spent his teenaged years in Blytheville, where he took art lesan administrative assistant, then as head of risk management sons at the local YMCA. In time he started drawing comic book services, and then as the association’s executive director. She says characters, and, for extra money, sketches of houses around she started thinking about what kind of wall art would comple- town to sell to their owners. But sibling rivalry was behind much of his ambition then, ment the association’s mission when the AAC board decided in the mid-1990s to quadruple the size of its headquarters, adding he admits. “My sisters and brothers were all more accomplished in 10,000 more square feet of office and meeting space. school, and I had problems, probably dyslexia that just wasn’t One day she admired two tiny pen and ink sketches of the diagnosed, and when I found something I was good at, well, I historic town of Des Arc near one staffer’s desk. She asked about wanted to pursue it.” them and learned they were the work of a central Arkansas artist After graduating from high school in 1966, he was drafted who did mostly larger pieces of some of the most significant buildings and destinations across the state. Instantly she was smit- into the U.S. Army, where he served as a medic for two years. That qualified him for the GI Bill, which he used for a year ten and began combing local galleries for more DeSpain work. studying drafting at a vocational institute, where he found im“I started collecting from one gallery [in Little Rock] and then did some research about him,” she said. “I liked the idea of mediate success. The federal government also agreed to pay for art about Arkansas done by an Arkansas artist. It just seemed to a year of the Famous Artists School, a correspondence course started in the 1950s by some famous New York illustrators, fit [what we were about.]” By then she had three decades of DeSpain creations to choose including Norman Rockwell and Robert Fawcett. He moved to Little Rock when he got the job with the Extenfrom, the originals all done in his spare time and made into sion Service and within a few years met his wife Gail at Sunday prints. By day, to support his wife and two growing sons, he School. They were married a month after they met, then bought worked as a draftsman for the state Cooperative Extension Sertheir house in Levy with the idea of adding a back room to let vice, drawing blueprints for things like environmentally friendly him retreat from the bustle of the family and pursue his pen and hog and chicken pens that agents could show farmers how to ink passion. build, he recalled. Now in retirement since 2003, DeSpain has packed that room But in the evenings he would retreat to the studio he had built ceiling high with books, old prints, originals and works in progonto the back of their 1950s-style ranch house in Levy. There he ress, not to mention all of the paper and vellum he buys in bulk. would hop up on the bar stool in front of his drawing table and, And it remains his sanctuary. He is there all day most days. He working from an enlarged photograph, devote himself to masterrises early and works late. Because this is what he loves to do: ing an art form that leaves almost no room for error. Labor feverishly for weeks or even months on a single piece, one “Once you get started you can’t go back,” he says, then stops brick or leaf or blade of grass at a time with magnifying visors mid-sentence to pick up a razor knife and tend to a nearly invis- over his eyes, classical music on his boom box and one of his ible speck in the upper left corner of the drawing in front of him. “Wait a minute, I have to get that little smudge off there.” See “ARTIST” on Page 34 > > > He is a lean, quirky, bespectacled man with a buzz haircut, a COUNTY LINES, FALL 2015

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Above: The Rivermarket piece, with its portrayal of the hustle and bustle of downtown Little Rock, warranted a color treatment from the artist. Right: The pen and ink drawing of the Powhaten Courthouse hangs in the main lobby at AAC headquarters and garners much attention from visitors. dozens of rapidograph pens in his hand. He starts with a photograph. Most of them are ones he has taken or found, unless it is an old, out-of-focus one like the sweeping view of Little Rock’s Second Street in 1896 that he was asked not long ago to replicate for a local architect. Then placing a piece of drafting vellum over the photograph, he makes a rough sketch of its main components, which he then blows up to the final size he wants and traces it onto that size of vellum. On that piece of vellum — he occasionally substitutes bond paper and, now and then, canvas — he then painstakingly begins sketching in the details in pen and ink that will give it the rich perspective, authenticity and texture that are his signature. If he decides the piece merits color, he does that in watercolor or acrylic layers with a paintbrush. “Then I go back with more pen and ink and touch it up, so to speak,” he said, speaking in particular about his famous print of the Rivermarket bustling with people and bicycles and delivery trucks and little kids, which is in one AAC staffer’s office. In the Executive Assistant Jeanne Hunt’s office is a print of the only work the association ever commissioned from DeSpain. It is a pen and ink of the association headquarters, which true to form, he did without sparing a detail — including the little bird that was hopping around the lawn the day he photographed it. When Pruitt retired in 2006, the AAC board of directors presented her with the original of that sketch in tribute to her choice to bring DeSpain into their consciousness and his work into this workplace. In such a busy office, you might think people would hardly give the wall art a second glance. But somehow DeSpain’s works keep drawing attention and awe. When Eddie Jones succeeded Pruitt as executive director in 2007, one of the first things he did was acquire more DeSpains. 34

“I am not an artist, but I really enjoy good art,” Jones said. “And I feel that his works add an element of history to this building. They capture and exude realism, but many also exude a bit of nostalgia.” And so during Jones’ seven years at the helm, the association purchased another half dozen DeSpains, including the large pen and ink of the 1888 Powhatten Courthouse displayed prominently in the main lobby; the 1912 Pulaski County Courthouse; the 1877 Capital Hotel; and the Arkansas State Capital, completed in 1915. Those additions turned out to be providential, since the year after Jones stepped down, the board launched yet another headquarters expansion and renovation, adding 5,000 more square feet — and even more wall space. When that latest renovation was complete, Kim Nash, a risk management claims adjuster, recalls how everyone who wanted a DeSpain in their office had to raise to claim one, and she quickly grabbed the vibrant Rivermarket scene. The details beguiled her, she says. “Every time I look at it, and I do so all the time, I discover something different, someone else on a bicycle or carrying something or another delivery I hadn’t noticed,” she said. And that was his fun, DeSpain said. His obsession has taken a physical toll — a problem vertebra in his neck and severe shoulder pain after too many hours of such work as coloring a sky with pale-blue pencil lines a millimeter apart. But he will never stop. This is who he is. “I do this for myself, strictly for myself,” he says. “Because as an artist you have to do what suits you. Like I really enjoyed going down to the Rivermarket with my sketch pad those days and observing all of the people and activity there and imagining all the details I could include.” COUNTY LINES, FALL 2015

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Van Buren County Courthouse may be smallest in state but it serves a large purpose Story by Mark Christ and Photography by Holly Hope Arkansas Historic Preservation Program

hile it may be the smallest county courthouse in Arkansas, the 1934 Van Buren County Courthouse remains the centerpiece of a vibrant downtown in the foothills of the Ozark Mountains in north Arkansas, and generations of caretakers have seen that it stayed that way, helped in part by the Arkansas Historic Preservation Program’s County Courthouse Restoration Grant Program, funded through Real Estate Transfer Tax proceeds administered by the Arkansas Natural and Cultural Resources Council. The area that would become Van Buren County was a remote wilderness when Georgia native John Lafferty moved into the “Big Bottoms” where three branches of the Little Red River converged and established a farmstead during the territorial period. Lafferty lobbied hard to have a new seat of local government created to serve settlers in the area and he was successful on Nov. 11, 1833, when Van Buren County — named for Vice 36

President Martin Van Buren — was carved from adjacent counties to serve its rugged area. The first courthouse for the new county was established in Obadiah Marsh’s one-room log house in the Bloomington community — better known as Mudtown for the condition of its streets after a hard rain. Local men soon built a new log structure to house county government, which may have been a very popular location in that it was just across from a horse-racing track second only in size to the one at Batesville. In 1842, the county seat was moved to Clinton, the home of Van Buren County’s first cotton gin in 1840, and another oneroom log courthouse was constructed. As settlement increased and prosperity grew, this humble structure was soon replaced by a two-story frame courthouse with a stately, columned front façade. Van Buren County, as was the rest of Arkansas, was deeply divided over secession as Civil War loomed. Some men joined the Confederate army while others joined the Unionist “Peace Society” — many of these were later arrested and given the choice of joining the Confederate army or going to prison. As the war progressed, violence plagued the area as pro-Union “jayhawkers,” pro-Confederate “bushwhackers” and gangs of COUNTY LINES, FALL 2015

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Opposite Page: The Van Buren County Courthouse, the smallest courthouse in the state, stands as a striking example of the Art Deco style. Top Left: An historical marker notes the establishment of the first Van Buren County Courthouse in a one-room log house in the Bloomington community. Top Right: Van Buren County Circuit Clerk Ester Bass built much of the new wooden furniture in the recently refurbished courthouse. lawless thugs battled and preyed on the local population. Bushwindows that distinguish the building off from the room. whackers burned the courthouse in 1865. The local Methodist Following a major exterior restoration funded by an AHPP Church was pressed into service as a temporary seat of justice County Courthouse Restoration Grant, the courtroom was until a new one was built — another two-story frame building largely restored in a 2015 project that saw its original dimenconstructed in 1869 that would serve until 1934, outlasting a sions restored, the ceiling altered to allow in natural light from couple of burglaries and a pair of arson attempts. the windows, the original audience benches refinished, and new Economic disaster hit Van Buren County hard during the Great furniture added to the front of the room, much of it built by Depression, and local leaders turned to one of President Franklin County Circuit Clerk Ester Bass himself. Delano Roosevelt’s New Deal agencies to replace the aging courtThe Van Buren County Courthouse stands today as a strikhouse in Clinton. The Federal Emergency Administration of Public ing example of the Art Deco style, ready to continue serving the Works (soon known as the Public Works Administration, or PWA) needs of its citizens as it reminds them of their past. was created in 1933 to help fund local public construction and infrastructure projects. The administration of County Judge John H. Johnson was successful in procuring PWA funding Among the many programs and services of the Arkansas Historic Preservafor a new building for county business. tion Program is the County Courthouse Restoration Grant Program. Created Little Rock architects Frank Erhart and in 1989, this grant program has helped to extend the lives of courthouses that Howard Eichenbaum were hired to design hold vital links to community pride and local history. These grants are funded the new courthouse, PWA Project No. through the Real Estate Transfer Tax, administered by the Arkansas Natural and 3454. The architects and builders Earl and Cultural Resources Council. Since the beginning of the program, the AHPP has Carl Bird used the natural stone that was so awarded more than $18.6 million to 69 historic courthouses and courthouse anabundant in Van Buren County to create nexes around the state for use in rehabilitating, preserving and protecting these the building, getting their supply from a important historic resources. Since 1995, Van Buren County has received 11 grants totaling $244,127 for the Van Buren County Courthouse. quarry north of Dennard. The Van Buren County Courthouse was completed in 1934 Arkansas Historic Preservation Program County Courthouse and reflects a uniquely local interpretation Restoration Grants awarded to Van Buren County of the Art Deco style of architecture, a style that was frequently used in New Deal-era FY1995 ADA access $8,300 courthouse construction. FY2000 ADA entrance and elevator $43,350 The Van Buren County Courthouse FY2002 Exterior paint and window restoration $26,500 measures just 100 feet by 43 feet and holds FY2004 Restoration master plan $11,000 FY2008 First-floor ADA modifications $65,377 a basement, county offices on the first floor, FY2013 Exterior tuck-point restoration $89,600 and a courtroom on the second. The interior was remodeled in the 1970s and ‘80s, and TOTAL: $244,127 the courtroom in particular was changed, with interior walls moved and a dropped ceiling added that cut the tall, metal-framed COUNTY LINES, FALL 2015

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Board Profile Angela Hill

Office: Faulkner County Assessor. County I was born in: Pulaski County.

with a baked sweet potato and salad. When I’m not working I’m: Spending time with family, reading, hiking or taking motorcycle rides. The accomplishments of which I am most proud: My family. I am blessed with a wonderful husband of 29 years (Jimmy) and 2 awesome daughters (Ashlie and Amber).

What I like most about my county: We have great schools, as well as Lake Conway, Lake Beaverfork, and Woolly Hollow State Park for recreation. There are also several great restaurant and shopping choices.

The hardest thing I have ever done is: Watch my mom’s battle with cancer. I was very fortunate to be able to spend extra time with her during her illness but it was so hard to see her suffering and not be able to take it away.

The best thing about living in Arkansas: Most of my family lives in Arkansas. I also like having so many wonderful park/vacation destinations without traveling very far. Angela Hill, Fau lkner C ounty I got started in county government because: I was looking for a better job and a friend encouraged me to apply for a job in the Assessor’s Office. My favorite meal: Dessert. I also love a perfectly grilled steak

Brandon Ellison

If I wasn’t a county assessor, I’d be: A teacher. You might be surprised to learn that: I love going on motorcycle rides with my husband.

My pet peeve is: Someone leaving clutter or dirty dishes on my kitchen counter. make positive changes.

Office: Polk County Judge. County I was born in: Lavaca County, Texas.

My favorite meal: Cheeseburger with home grown tomatoes and deep fried potatoes. When I’m not working I’m: Usually working on something else such as heavy equipment or classic vehicles. I also enjoy hunting, fishing, and just being outdoors.

What I like most about my county: I enjoy the natural beauty and our country culture. I can see why my ancestors pioneered the eastern portion of Polk County in the mid-1800’s. No rat race here. Good, wholesome place to raise a family in the Ouachita Mountains.

The accomplishments of which I am most proud: My children and my 36 year marriage (to the extent I can take credit).

The best thing about living in Arkansas: I do like rural living, and Arkansas Brando provides that. There is something n Ellison , Polk C implied when you tell someone ounty that you are from Arkansas. I believe they immediately consider you a self-sufficient, rugged and capable individual. I am proud to be an Arkansan. I got started in county government because: I wanted to serve my county. I was confident with my background in leadership and business from an early age, that I could do a competent job. I find the job rewarding and I believe I have helped to COUNTY LINES, FALL 2015

The hardest thing I have ever done is: Sell a business that I founded and managed for 28 years. If I wasn’t a county judge, I’d be: Operating a business.

You might be surprised to learn that: I like to race dirt track stock cars.

My pet peeve is: Unreasonable people. 39

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Assessors start fall meeting with array of speakers Gov. Asa Hutchinson, Lt. Gov. Tim Griffin, state Sen. Bill Sample and state Commissioner of Lands John Thurston are just a few of the dignitaries who helped kick off the Assessment Coordination Department’s 61st education conference on Tuesday, Oct. 27 at The Arlington Hotel in Hot Springs. Garland County Judge Rick Davis and Sen. Sample, whose district includes Garland County, welcomed the assessors back to Hot Springs. Both the governor and lieutenant governor focused on economic development, while others discussed GIS, recent developments in the state legislature, billboard assessments and other topics. The fall meeting continued Wednesday, Oct. 28 with various classes for county assessors. The group also enjoyed several evening activities before the conference conclusion on Friday, Oct. 30, 2015. Top: State Sen. Bill Sample, whose District 14 is comprised of parts of Garland and Saline counties, welcomes the assessors back to Hot Springs. ACD Director Bear Chaney, the former Benton County assessor, sits to the senator’s right. To his left sits ACD Training and Designation Manager Cleta SampleHardy, who also is the senator’s daughter. Middle Left: ACD Deputy Director Faye Tate and Executive Assistant Barbara Esters stop to pose for a photograph before the afternoon speakers begin their presentations. Middle Right: Columbia County Assessor and AAC board member Sandra Cawyer mans the International Association of Assessing Officers vendor table. Bottom: Jefferson County Assessor Yvonne Humphrey, Ouachita County Assessor Debbie Lambert and Stacy Howard, appraisal manager in the Jefferson County Assessor’s office, visit the vendor tables. 40

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Treasurers hold fall meeting at Lake DeGray The Arkansas County Treasurers’ fall continuing education conference at DeGray Lake Resort State Park included a full slate of educational sessions, as well as a silent auction, eagle tour on the lake and and outside barbeque with live music. Top: Pike County Treasurer Loletia Rather and Sebastian County Treasurer/Collector Judith Miller enjoy a laugh before the meeting. Middle Left: Association President and Greene County Treasurer Debbie Cross speaks with Keith Caviness, staff attorney for the Administrative Office of the Courts, prior to his presentation on miscellaneous fee and fine collection reports. Middle Right: Garland County Treasurer Tim Stockdale speaks about best practices regarding cyber security. Bottom Left: First-year treasurer, Selena Blair of Columbia County, discusses cyber security measures she has implemented in her office. Bottom Right: Polk County Chief Deputy Treasurer Kerry Summitt and Boone County Treasurer Tommy Creamer look at some of the silent auction items available.

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Circuit Clerks tour state Supreme Court building The Arkansas Circuit Clerks Association held its fall continuing education meeting Oct. 14-16, 2015, in Little Rock. In addition to sessions on topics such as juvenile expungements and record retention, the circuit clerks toured the Arkansas Justice Building. New association officers received red-carpet treatment from state Supreme Court Associate Justice Courtney Hudson Goodson, who administered the oath of office in the courtroom. Above: Arkansas Supreme Court Associate Justice Courtney Hudson Goodson (middle) swore in the new officers: District 1 Director Rhonda Sullivan, Cross County; Secretary Mayme Brown, Hot Spring County; District 3 Director Sharon Barnett, Yell County; District 3 Director Brenda DeShields, Benton County; District 2 Director Vickie Stell, Ashley County; 2nd Vice President Sharon Blount Baker, Crawford County; President Alice Smith, Monroe County; 1st Vice President Martha Jo Smith, Clark County; Treasurer Mary Ann Wilkinson, Lee County; AAC Board Member Debbie Wise, Randolph County; AAC Board Member Andrea Billingsley, Little River County; Historian Alicia Nowotny, Johnson County; District 2 Director Josephine Griffin, Chicot County; District 4 Director Jeanne Pike, Garland County; District 1 Director Canda Reese, Baxter County. Not pictured is District 4 Director Mary Pankey, Miller County. 42

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Opposite Page, Bottom: Lafayette County Circuit Clerk Valarie Clark looks at a display about the Magna Carta. Top Left: Victor Richardson, public education coordinator for the Administrative Office of the Courts, leads a tour of the Justice Building. Top Right: Faulkner County Circuit Clerk Rhonda Wharton, the outgoing president of the Circuit Clerks Association, and Crawford County Circuit Clerk Sharon Blount Baker take a selfie in the courtroom. Middle: Jessie Burchfield, a William H. Bowen School of Law professor and director of the law library, discusses Arkansans’ access to justice. Right: New association president, Monroe County Circuit Clerk Alice Smith, accepts a tiara gifted to her by the outgoing association president.

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Officer election, highway funding panel on judges’ agenda for fall The County Judges Association of Arkansas kicked off its fall 2015 meeting in North Little Rock with a two-day roads seminar. Speakers focused on management development, the Unpaved Roads Grants Program and more. The week then continued with a status report of the Working Group on Highway Funding and culminated in the election of new officers, who will serve two-year terms. Top: State Land Commissioner John Thurston swears in the new slate of officers — Lonoke County Judge Doug Irwin, secretary/treasurer; Polk County Judge Brandon Ellison, second vice-president; Madison County Judge Frank Weaver, first vicepresident; and Sebastian County Judge David Hudson, president. Middle Left: Independence County Judge Robert Griffin makes a presentation to members of the Working Group on Highway Funding. Middle Right: Dallas County Judge Jimmy Jones discusses some of the issues he faces in maintaining county roads. Bottom Left: Working Group member state Rep. Dan Douglas gives the judges feedback while state Rep. Andy Douglas, also a member of the Working Group, looks on. Bottom Right: Sebastian County Judge David Hudson presents outgoing association president, White County Judge Michael Lincoln, with a plaque.

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hen you participate in the A A C Wo r k e r s ’ C o m p e n s a tio n Tru s t, you can relax in the hands of professional staff members who are going to take care of your needs. The AAC team has decades of experience in handling county government claims – t h e y ’ r e s i m p l y t h e b e s t a t w h a t t h e y d o ! Did we mention that participants in our plan are accustomed to getting money back? Since we started paying dividends in 1997, the AAC Workers’ Compensation Trust has declared almost $ 2 6 MI L L I O N dollars in dividends, payable to members of the fund. In fact, we mailed $1,000,000 in savings back to member counties in August 2014.

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County Clerks gather at Mount Magazine, install new officers

Photo by Misty Perkins 46

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Left: The Arkansas Association of County Clerks held its fall 2015 meeting Sept. 23-34, 2015, at Mount Magazine State Park. The agenda included a caucus by county classfication, an update from the Secretary of State’s office and the election and installation of new officers. The clerks also enjoyed panoramic suset and sunrise views of the Arkansas River Valley from the Lodge at Mount Magazine. Bottom Left, Opposite Page: Deer and other wildlife were active during the two-day retreat. Bottom Right, Opposite Page: Though it was early fall, leaves were beginning to change color along the Signal Hill Trail, which leads to the highest point in Arkansas. Above: The newly elected officers are Saline County Clerk Doug Curtis, treasurer; Little River County Clerk Deanna Sivley, secretary; Cross County Clerk Melanie Winkler, second vice-president; Boone County Clerk Crystal Graddy, first vice-president; Drew County Clerk Lyna Gulledge, president; Chicot County Clerk Pam Donaldson, member at large; Pike County Clerk Sandy Campbell, member at large; and Clark County Clerk Rhonda Cole, AAC board member. Not pictured is Columbia County Clerk Sherry Bell, who also will represent the association on the AAC board of directors. Bottom Left, This Page: The clerks honored Polk County Clerk and outgoing association President Terri Harrison following the installation of new officers. Bottom Right, This Page: Hot Spring County Clerk Sandy Boyette and Hot Spring County Payroll Clerk Brandi Lingo listen to the issues brought up during the caucus.

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Law Clerk — Melissa Hollowell Family information: Just me and my sweet, 3-yearold chocolate lab mix, Grant. My favorite meal: Chicken tacos and Mexican rice with chips and queso.

The accomplishment of which I am most proud: Getting a Top Paper in my Civil Procedure class. The hardest thing I have ever done: Survive a year of law school. Melissa Hollow ell

You might be surprised to learn that: I’m an only child, and I was born in Belleville, Ill., and lived there until I was 12.

Motto or favorite quote: “Dreams don’t work unless you do.” — John C. Maxwell How long have you been at AAC and can you describe some of your successful AAC projects? I have been at AAC since the beginning of June. One of my most successful moments has been catching a civil procedure error in service of process and being able to correct the error before it negatively affected the lawsuit.

When I’m not working I’m: Studying, spending time with friends and family or relaxing and watching Netflix.

At the top of my bucket list is to: Travel to Bora Bora and see the world.

My pet peeve is: Bad drivers and rush hour traffic.

What do you like most about your position at AAC? What I like most about my position at AAC is that I have the opportunity to be involved in our lawsuits from beginning to end. I get a lot of hands-on experience with different aspects of our lawsuits, and I’m not limited to just performing legal research like many law clerks are.

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www.naco.org

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About NACo – The Voice of America’s Counties National Association of Counties (NACo) is the only national organization that represents county governments in the U.S. NACo provides essential services to the nation’s 3,068 counties. NACo advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innovative solutions through education and research and provides value-added services to save counties and taxpayers money.

U.S. Court of Appeals delays WOTUS rule nationwide tion Act of 2015 (H.R. 1732) by a vote of 261–155. It would By Julie Ufner withdraw the final rule and require the agencies to restart the A federal appeals court has ordered the Environmental Protec- rule-making process, inclusive of state and local governments. tion Agency (EPA) and the Army Corps of Engineers (Corps) to The U.S. Senate has a similar bill, the Federal Water Quality temporarily delay the nationwide adoption of the “waters of the Protection Act (S. 1140). The measure would also require the U.S.” (WOTUS) rule. agencies to redo the “waters of the U.S.” rule-making process. It The order, from the U.S. 6th Circuit Court of Appeals, was in also includes a set of principles the agencies should consider when response to challenges brought by 18 states: Alabama, Florida, rewriting the rule, including the types of ditches that should be Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mis- exempt. The proposal passed out of committee and is currently sissippi, North Carolina, Ohio, Oklahoma, South Carolina, Ten- waiting for floor consideration. nessee, Texas, Utah, West Virginia and Wisconsin. The Senate could also take up S.J. Res. 22, a joint resolution While numerous WOTUS cases have been filed by 31 states expressing congressional disapproval for the rule. The resolution and private parcurrently has 49 ties in separate cosponsors. district courts, it Although it was recently deremains unclear wo of the three appeals court judges held that the cided that all state how Congress will challenges would proceed with fistates bringing the challenges “have demonstrated be consolidated nalizing its FY16 at the 6th Circuit appropriations a substantial possiblity of success on the merits of Court of Appeals process, both the their claims” and order the rule to be “STAYED, nationfor review. House and the In their deciSenate FY16 Inwide, pending further order of the court.” sion, two of the terior, Environthree appeals ment, and Related court judges held Agencies approthat the states priations bills conbringing the chaltains language to lenges “have demonstrated a substantial possibility of success on stop the final “waters of the U.S.” rule from being implemented. the merits of their claims” and ordered the rule to be, “STAYED, nationwide, pending further order of the court.” However, in the Rising rates likely to impact county finances coming weeks, the court must determine whether it has the auBy Joel Griffith thority to hear the case. Rock-bottom interest rates and easy money may be coming to The Oct. 9 ruling comes after a separate decision, Aug. 27, an end, as the Federal Reserve prepares to hike rates as early as Deby the U.S. District Court of North Dakota to delay the rule cember 2015. Long-term interest rates have remained historically in 13 states: Alaska, Arizona, Arkansas, Colorado, Idaho, Mis- low for an unprecedented stretch of time. Take a look at the 10souri, Montana, Nebraska, Nevada, New Mexico, North Dakota, year Treasury rate, typically considered the standard reflection of a South Dakota and Wyoming. risk-free rate of return. After rarely dipping below 4 percent over Prior to this latest court ruling, however, EPA and the Corps the prior five decades, rates plunged to 2 1/2 percent during the were still legally allowed to implement the final rule in the re- financial crisis. Now, six years into the recovery, the rate remains maining 37 states. stuck in a narrow range just under 2 1/2 percent. Likewise, the In a related but separate development, on Oct. 13, the U.S. effective federal funds rate which indirectly influences debt pricing Judicial Panel on Multidistrict Litigation denied the federal gov- nationally, rapidly dropped to near zero in late 2008 in the midst ernment’s request to consolidate the various non-state generated of the financial meltdown. For seven years, it has barely budged. lawsuits filed against the EPA and Army Corps of Engineers on the rule. This development only increases the complexity, and likely Unemployment Trending Down lengthens the time frame, of the judicial consideration of this rule. Employment growth remains subdued compared to past recoveries; however, persistent jobs growth combined with a State of Play in Congress On May 12, the House passed the Regulatory Integrity ProtecSee “NACO” on Page 50 > > >

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NACo news briefs shrinking labor force participation rate has driven the unemployment rate down to near 5 percent — a level considered close to full employment by many economists. Meanwhile, economic growth has also been quite tepid compared to other post-WWII recoveries, hovering close to 2 percent annually; yet, this too has been of a prolonged, steady nature. With dramatically lower energy prices potentially bottoming, any increases in other production inputs may quickly ripple throughout the broader economy. Indeed, the recent uptick in real wage growth (2.7 percent over past 12 months) suggests this period of steady growth, cheap money and ultra-low inflation could be coming to an end. As such, the Federal Reserve needs to get in front of any inflationary pressures before it gets out of control. Local Governments Benefit This policy change will impact local government budgets for numerous reasons. Perhaps most importantly, state and local governments have taken advantage of these low rates. Total liabilities (excluding employee retirement funds) nearly doubled from $1.6 trillion in late 2003 to more than $3 trillion in 2010 before leveling off. Interest payments on this debt could dramatically increase as debt is refinanced — particularly if the initial debt were financed with short-term loans. Prudence suggests officials lock in this debt at the current low long-term rates before the increase. Interest Rates Likely to Rise For many local governments, the powerful bull market has replenished defined-benefit pension funds. This market has also inflated price-to-earning ratios in many sectors. As earnings cool and debt becomes more attractive as an investment, equities markets will possibly generate far more tame returns. In fact, the broad U.S. equities market is on track for a negative return in

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2015. If this plays out, expect increased calls to shore up pension portfolios and to adjust expected long-term returns downward. The expected increase in interest rates will also likely dent consumer spending as debt servicing swallows a larger proportion of family budgets. And the higher financing costs will deter larger purchases. Financial officers should anticipate marginally lower sales tax revenues as a result. Some Help for ‘Savers’ In addition, the increase in rates could also cool the brisk housing market recovery. As rates rise, housing demand slows as increasing mortgage rates diminish affordability. The housing recovery has been uneven across the country; but since the depth of the housing collapse, prices have rebounded by nearly 30 percent in real terms. Although not quite rivaling the peak of the bubble, these prices are still significantly above long-term trend lines. Property tax revenue forecasts should take these factors into account. Fortunately, it’s not all negative news. Although the initial impacts from these rate increases may not be welcomed, longerterm a return to normalcy will spur growth by allowing capital to more freely flow to those most adept at creating wealth. As economist David Malpass explains, “Persistent near-zero interest rates punish savers and hurt income growth for average U.S. households. Meanwhile, income inequality worsens as credit flows up the pyramid from middle-class savers earning paltry returns to the upper crust leveraging itself with cheap credit and stock gains.” As the changes sort out, maintaining a “rainy day fund” with excess cash or short-term fixed investments may be the wisest course of action. This liquidity mitigates the need for painful tax hikes or draconian spending cuts should economic conditions rapidly change as interest rates rise.

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