Seems to Me

Out with the old, in with the new Seems

Do 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 expertise 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 ethic and that the younger worker is 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

To Me... Eddie A. Jones County Consultant

doing for them.

Various auditors around the state say the loss of institutional knowledge and the total dependence on computer software is the greatest weakness in county government with the changing of the guard — Baby Boomers leaving while Generation X and the Millennials move in. Computerization, although a wonderful tool, is no replacement for the flexibility of the “human mind.”

Arkansas’ county government operations have seen a great increase in the number of retirements in the last few years, and it’s not over. The pace will increase during the next few years as the remaining Baby Boomers head quickly toward that magic number of 65. In fact, the magic number is less than 65 for some. Having a “defined benefits retirement plan” in Arkansas government allows for earlier than normal retirement if a person gets started in the arena of public service soon enough.

How have we handled the transition so far? Rather well I believe. Most Arkansas counties are small and rural. In the smaller counties in particular, county government employment is perceived as being desirable; jobs are stable and the jobs come with a defined benefits retirement plan — something that is not a benefit of most jobs in today’s market. Pay is not usually a drawing card for a county government job, but job stability and a retirement benefit are good draws.

Many counties do have trouble recruiting and retaining employees for certain positions, mainly because of pay — or the lack thereof. Arkansas counties have trouble keeping law enforcement employees because law enforcement jobs with many cities and the state pay more. We have become the training ground for law enforcement personnel, but we need to retain those trained officers. Counties have also had difficulty recruiting IT workers for the same reason — pay scale. However, with the deluge of technology and technology delivered services in the county courthouse, it is becoming increasingly more important for counties to have IT personnel on staff.

Listen to me! The tax bases of our counties are limited. We must learn to accomplish the job with fewer employees so that we will be in a fiscal position to pay more per employee. One way to accomplish that is to make sure you are a “working” county official and not just a figurehead … not someone just watching the others work. And always be working toward increased efficiencies.

Another reason the transition seems to be going smoothly is that some Baby Boomers have done a little succession planning. They have hired wisely and then mentored a quality staff member to run for that position upon their retirement. It is true that the electorate has the final say on who fills an elected official position of trust, but it is also true that a large percentage of the electorate has come to realize that “county constitutional officers” are “working officers” and they understand the need to elect someone who knows and understands the intricate operation of any particular office. The transition is also going smoothly because more parttime positions have been created to attract non-traditional type workers — retired Baby Boomers. By hiring the Boomers, you reduce benefit costs but you get a good work ethic. Many Boomers get back into the work force after retirement — not just for extra money, but because they want to be useful. Various surveys show that a majority of Baby Boomer retirees don’t want a traditional retirement because of a strong interest in public service. They want to work in Arkansas’ county government operations have seen a great increase in the number of retirements in the last few years, and places where they can make a difference. I am a Baby Boomer that retired 5 ½ years ago. Guess what? I’ve been it’s not over. The pace will increase during the back in the work force for next few years as the remaining Baby Boomers five years. I flunked retire ment. I just don’t know head quickly toward that magic number of 65. In how to do it. I love to fact, the magic number is less than 65 for some. work. I want to feel useful and be useful. I believe older workers enrich the workforce. After retirement I almost immediately had the opportunity to get into banking or back into broadcasting, a field in which I had many years of experience. But when county government came knocking on my door I could not resist. I was formerly the “boss” — although I never liked being referred to in that manner. Now I’m bossed by a Gen Xer. And it works just fine. Retired Baby Boomers provide a pool of experienced labor and institutional knowledge. They have proven to be productive, dedicated and loyal. Yes, it was the Baby Boomers that made the conversion from manual systems to electronic systems in county government. But we want it both ways. We like to run dual systems — manual and electronic. It is simply our nature. We have lived in both worlds, and we like to keep a foot in both worlds. But it cannot always be that way. We have been turning the reins over to the leaders of Generation X the last few years, and the transition will continue over the next few years. The timing is perfect. Gen Xers are seeking See “BOOMERS” on Page 22 >>>

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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AAC board dedicates Greer Memorial Library

Law library named after former association Legal Counsel Jonathan Greer.

On 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.

www.arcounties.org

Death penalty

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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 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.