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The Official Publication of the Association of Arkansas Counties

County Lines FALL 2016

Cover Story Legislative Overview 2017-2018 Page 29

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In This Issue

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g ryin Car the on work d ty goo k Coun ey

Former sheriff carries on the good work of the state Sheriffs’ Association.

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ion introduct was my e. That when ld com deputiesin 2000 ER BAR s they wou g with r, NIF County Line g alon he saw, and . and then s close e For wrecks, iff’s office.” started ridin what full timehe said. on draw liked e sessi Director Mik g to Office frey sher tryin to the tually, God hand. He nty Sheriff’s professional,”ifically for legislativ 2017 Association : He’ll be venEven ed an extra Polk Cou cy and so , and spec of the iffs’ expected s inter for him s the start nsas Sher cut out st in crisi help they they needwork for the a good agen for them e guys that .” work Arka his work to inve . such to the thos same e, the new went y were just ted to go to has one of sses get l hospitals you the akers wan He was just and gave here and ther ing, “The Godfrey ince lawm mental illne and loca erly the that I jails sby. out of you ing out eye open to conv people with county frey, form ing his “I knew e Ogle help ty was that ty throughtion. But God ce in makthe peo- Sheriff Mik got the best dy been iff’s depu ces so rien lving to the counlimre the best and gh he’d alrea er to sher tion servi ad of revosell, no ques ty of expe directly ers in so rang thou “no” befo and inste ’t ned offic we were Even from park need be a tough nty, has plenlegislators he’s heard best-trai ing, but “I really didnfor gh Cou both to sition It’ll how g. of the on train said. of Polk work t s— even thoukeep tryin self — is na- tran frey said. ably ones are so big ,” Godfrey I went to sheriff other issue ty. And to him with. A God ed prob see wha n from ders y n rmin — Whe got to “I was state park case on home coun he’s dete answer ent to begi Universit his the with offen to use. world. I ple of groups, to a “no” enforcem derson State become because when contactsthat trainingwhole new both and , and a ent in our of from way, adjusting up in law ed to Hen education as a studwant ited to put a lot e, it was like ” ty in 2007 In a 51, wound frey head business like. chief depu the top job. I wanta stint get God iff’s offic ent was , but r in did not for to e, and Godfrey,Bismarck, the sher enforcem to majo the first goal— actually, Godfrey, Godfrey ran iff’s offic step up and of plan my oted a law tive in ld not real ed to with prom s later astic sher mplished t was in 1983 He acco that he wou Oglesby three year just a fant “I felt I needted.” frey not wha left one. her. crea it was iff, God said. Parks Oglesby a teac made it clear second not my gift,said. State ved that way,” he the path he’d rd. As shercounterparts the d teacher mplish hing was “I belie inue that Godfreyfor Arkansas complete d on ghtforwa y of his acco crowded frey cont er. ing to — that teac ted to do,” continue e that strai to man nically over ing to ed to t work uation, God a park rang sure we wasn’t quit was familiar “I knew what I wan chro threaten a new, make job as he’d spen r grad ty said. not that jail that was the state for heart, the summers seed. Afte a full-time ent,” he different The reali an issue ty With lop a plan 6 But different and took law enforcem at several A coun dards. Park confronted ted a ing stan helped deve State state: L 201 ed to FAL had plan emy train duction frey work Wilhelmina contact across the meet state frey ES, acad ent ’t n, God police t was my intro years God at Queen into frequ TY LIN and didn jail dow few ing CO UN him “Tha ks up shut the the next state, land brought wrec r of Ove the tion ties. had lots ld respond ’s loca around parks . The park sheriff’s depu way, and we , so I wou in 1995 County a state high r to them close on with Polk usually park was “Our said. “I was he e,” ther By JEN

FALL 2016

Features Legislative Leadership.................................................................................................30 Summary of AAC legislative package.......................................................................37 Ballot measures approved by Arkansas voters.......................................................41

Inside Look Johnson County observes Go Pink Day.....................................................................11 Mental Health Summit draws more than 120........................................................19

AAC offers a preview of the 2017 Legislative Session.

AAC hosts reception for 91st General Assembly....................................................42 AAC director named to National Council of County Executives board...............43

Asso ciatio n of

Legi sl Prev ative iew Arka nsas Coun ties

rkansas’ convene 91st Gen hallw in early eral Assembl this edit house ays of the January, and y will state Cap the decided ion of Coufrenzied legis and Hou itol islative to request nty Line lative activwill soon and Rep se Majority ity. perspectleadership opinion s was plan Minority. Matthew Leaders columns ned, it As Leaders Pitsch, Sen. Jim reached ive from to give read chael was and Sena Hendren senate ers a prelfrom legmang, out to Sena leadersJohn Gray. Sen. Keit and hou h Ingr te and Hou Speaker te se lead iminary insight for makingA special than am and of the Pro Tempore ership. into the Rep se ks House Jerem Jonathan AAC sumAlso inclu the ensuingtime to shargoes to thes . MiDisy Gill e six maries ded in this session. e their am, Sena unique ing te issuethe sessi of legislatio Legislative s Arka on, as well n AAC plan Overview nsas vote as a are s rs appr look at theto present duroved in Nov four ballo ember. t

2017

Crawford County opens new justice center..............................................................48 Jackson County cuts ribbon on new 125-bed jail...................................................49 Assessors meet in Pulaski County............................................................................50 Circuit Clerks honor grant recipients, retirees.........................................................51 Judges discuss roads, jails, crisis intervention........................................................52 Roundtable talks, retirement party on agenda for treasurers.............................53 Clerks hold fall meeting in Columbia County..........................................................54 AAC staff profiles: Sarah Giammo and Samantha Moore....................................56

C AA

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Departments

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ssing Addresibility s acce

ir for cha grant se. eives courthou ty rec Coun d more at River pe an Little w doors lly Ho by Ho lift, ne ram Photos s Prog rist rvation rk Ch ric Prese by Ma nsas Histo Arka

the about d realistic ford is ically-inspire e Cran class e Mik 1907 costs nty Judghis majestic es love r Cou in sometim ittle Riveof working own. , and realities se in Ashd s need love Historic ding courthouse old buil Arkansas oration “The with the rthouse Restwith the ing Cou ply work ide County will com and prov ford is he said. 6 money,” end, Cran s (AHPP)the buildingAct (ADA) L 201 ies To that Program’ re that FAL bilit tion ES, ensu Disa Preservaprogram to s with TY LIN CO UN American Grant federal 1990 Story

County judge is addressing accessibility in his courthouse.

From the Director’s Desk............................................................................................... 7 President’s Perspective................................................................................................. 9 From the Governor........................................................................................................11 Attorney General Opinions..........................................................................................12 Behind the Lines...........................................................................................................13 Research Corner...........................................................................................................15

Governmental Affairs...................................................................................................20 Legal Corner...................................................................................................................21 Seems to Me..................................................................................................................22 Savings Times 2............................................................................................................24 NACo News Updates.....................................................................................................57

Cover Notes: Legislative Overview, 2017 (Photo by Christy L. Smith) tate lawmakers will convene Jan. 9, 2017, for Arkansas’ 91st General Assembly. In anticipation of this event, we planned an issue of County Lines magazine that would preview the session for readers. Inside this issue, readers will find columns regarding important issues facing counties — issues possibly to be addressed by the legislature. Readers also will find opinion pieces focusing on the upcoming session that were submitted by senate and house leaders, summaries of the AAC legislative package and ballot issues approved by voters in the November 2016 election, and an introduction to AAC’s legislative team. Our team invites county officials to join us as we enter the hallways of the Capitol to advocate on the counties’ behalf. After all, county officials know best their challenges and, therefore, are poised to be their own best advocates.

“

We always hear about the rights of

”

democracy, but the major responsibility of it is participation.

— Wynton Marsalis

Turn to page 29 to begin reading our legislative preview. COUNTY LINES, FALL 2016

Calendar

Events

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2017

Mission Statement: The Association of Arkansas Counties

Jan. 9 Governor’s State of the State State Capitol, Little Rock

Feb. 8-10 Treasurers Wyndham, North Little Rock

Jan. 9 State Legislature convenes State Capitol, Little Rock

Feb. 22-24 Assessors Wyndham, North Little Rock

Jan. 29-Feb. 1 County Sheriffs Marriott, Little Rock

March 8-10 Circuit Clerks Hilton Garden, North Little Rock

Feb. 5-7 County Judges Wyndham, North Little Rock

April 12-14 Collectors DeGray Lodge, Bismark

Feb. 8-10 County Clerks Wyndham, North Little Rock

CONTACT AAC

Association of Arkansas Counties 1415 West Third Street Little Rock, AR 72201

Calendar activities also are posted on our website:

www.arcounties.org

Karan Skarda, ACE Program Coordinator kskarda@arcounties.org

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org

Scott Perkins, Communications Director sperkins@arcounties.org

(501) 372-7550 phone

Lindsey Bailey, Legal Counsel

(501) 372-0611 fax www.arcounties.org

Cindy Posey, Accountant

lbailey@arcounties.org cposey@arcounties.org

Mark Harrell, IT Manager mharrell@arcounties.org

Christy L. Smith, Communications Coordinator Chris Villines, Executive Director

csmith@arcounties.org

cvillines@arcounties.org

Elizabeth Sullivan, Executive Assistant esullivan@arcounties.org

Samantha Moore, Receptionist smoore@arcounties.org

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Risk Management / Workers’ Compensation Debbie Norman, Risk Management & Insurance Director, Risk Mgmt Services dnorman@aacrms.com

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. 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 Greg Hunt, Claims Analyst ghunt@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 Karen Bell, Administrative Assistant kbell@aacrms.com Ellen Wood, Admin. Assistant/Receptionist ewood@aacrms.com

COUNTY LINES, FALL 2016

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.

Barry Hyde: Justice and Public Safety Steering Committee. He is the Pulaski County Judge.

COUNTY LINES, FALL 2016

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Director extends gratitude to many

Director’s Desk

enry Ford once said, “If everyone is moving forward together, then success takes care of itself.” To the countywide officials of Arkansas, you moved forward in grand fashion this fall and, with more than 70 percent of the vote, we passed a constitutional amendment that will give county officials four-year terms beginning with those sworn in Jan. 1, 2019. Chris Villines The Association of Arkansas Counties (AAC) board AAC of directors voted unanimously during the 90th General Executive Director Assembly to seek this amendment, and county officials alongside the AAC pushed for its inclusion as one of the three ballot issues referred by the legislature for vote in the 2016 general election. It was amended along the way to include provisions such as not requiring unopposed candidates to have names listed on the ballot, as well as a clarified definition of “infamous crime,” which disallows certain people from holding office. To be referred from the legislature, it took leadership in the form of several key legislators, and we want to take this time to thank Rep. Jack Ladyman (District 59) and Rep. Brandt Smith (District 58), along with Sen. Bryan King (District 5), for their help in keeping the joint resolution alive and ultimately securing its passage out of both chambers. There were countless others who helped along the way, such as Rep. Mark McElroy (District 11) who gave an impassioned speech from the house floor in support of the difficult job many of our county officials face. The 90th General Assembly adopted the resolution, almost in unanimity, and we want to thank all of our friends in the legislature for their hard work in giving the people of Arkansas the opportunity to vote for the measure. It is edifying to see the people of our state embrace Issue 1 with overwhelming support (70.22 percent). These results support the legislature’s decision to put the change before the populace. Once this issue was selected as one of those to appear on the ballot, state law precluded advocacy on the part of AAC. However, a ballot question committee was formed to help guide the issue, and we want to particularly thank the five members of the committee: Sheriff John Montgomery of Baxter County, Treasurer/Collector Debra Buckner from Pulaski County, Judge Jeff Arey from Saline County, Collector Stephanie Stanton from Jefferson County and Assessor Russell Hill from Washington County. These five individuals devoted much time and effort to the cause, and the county elected officials owe them a debt of gratitude for their hard work. I cannot stress enough the importance of four-year terms for the continuity of county government. For example, many county elected officials who were sworn in for the first time on Jan. 1, 2015, found themselves filing to run for office only ten months later in October of the same year. The idea that these officials have only ten months to build a resume, much less make a decision to continue in this capacity, is short sighted at best. What we need in county offices are people who think towards the future, people who plan instead of react, and four-year terms will make county government in our state better because it provides the environment we need to think long term. At two years, Arkansas had the shortest terms for county officials in our country, and this move will reduce the number of elections and save money for our people. >>> 7

Director’s

Desk

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Thank you to all who were involved in this process, and thank you to the legislature and people of Arkansas for making county government more effective. *** In reading the summer and fall issues of County Lines, you may have noticed a button on the front cover of our magazine. I am proud to tell the readers that our magazine, our Twitter feed, our Facebook page and our E-newsletter all received national awards over the summer from the National Association of County Information Officers at the annual NACo conference. The magazine received a “Superior” rating (the highest award) in the external publications category, and deservedly so. Our communications team of Scott Perkins and Christy Smith do a fantastic job putting our quarterly magazine together, and the contributors of the magazine continue to amaze with relevant, timely and informative material to work with. County Lines is a wealth of information that is well put together and laid out in a clean and easy-to-read format. Much credit goes to current staff, but the vision for the magazine largely rests with Eddie Jones. Eddie devoted many resources and talents to the magazine, including the hiring of our first communications director, Randy Kemp. It is a privilege that we continue to read Eddie’s great work in each issue to this day.

Thank you to all of our contributors and to our communications team for the tireless work you put in to all of our forms of communication. *** The 91st General Assembly is fast approaching, and we encourage you all to be involved. It may be as simple as having a cup of coffee with your legislators and inviting them by the courthouse, or serving in leadership on the legislative committee in your association. There are a countless number of ways you can get involved. Many of our member associations will be putting together rotations of elected officials to be at the Capitol — and you all need to know that we are here for you to help guide you through the process. Chances are rare that you would find yourself testifying in committee, but if you are like me, you sought out those opportunities while in office. I believe there are few things as thrilling in public service as shaping public policy, and that starts in the legislature. Many of you share this passion, and we look forward to being here by your side to help you. There are many references in this issue to the legislature. I hope you take time to read our legislative package to learn of our priority issues. We also have assimilated statements from the leadership in both the senate and the house to give you a glimpse of what the 91st General Assembly holds.

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COUNTY LINES, FALL 2016

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Time to get to the peoples’ business

he elections are over and for so many successful candidates, whether they were incumbents or challengers, it is time to get to the peoples’ business. No matter what level or branch of government you are involved in; we all now share a common goal of serving the public. Once elected, it ceases to be about “you” and the focus should be about the office you hold and doing the very best job and being a team player, because we are all cogs in the wheel that make city, county, state and national government work. Some of you newly elected public servants will soon find yourself “drinking from a fire hose” as we often refer to the process of taking public office for the first time. The knowledge and details of your respective role will come, but what really matters is how and why you serve. I have a code of ethics hanging in my office in the beautiful Clark County Courthouse. I personally think this could be something that each elected official could personalize, frame and hang in their office as a constant reminder of their obligation to the people who elected them. I truly believe if we all tried to stay true to these words and standards, the “base” of our elected service would stay in our hearts and actions — a good thing in this world today. Clark County Treasurer, Code of Ethics Honored to serve the people of Clark County, I willingly and voluntarily pledge to uphold the following Code of Ethics: To Demonstrate my faith in the Constitution of the United States of America and my state, which I have sworn to uphold, I pledge to conduct myself at all times in an honorable manner so that I may uphold the dignity of this office. I will Seek to Serve the State of Arkansas and Clark County with honor and unselfish service remembering that government should be of laws rather than of men and women; to accept no profit at the price of my self-respect, lost because of unfair advantage taken or because of questionable acts on my part. I will Strive to Remember, that whether in competition with my fellow public officials or in an election contest, it is not necessary to demean another in order to be true to myself. As a Servant of the People, I will endeavor to be courteous at all times and to maintain an attitude of respect.

We want your news COUNTY LINES, FALL 2016

President’s Perspective

As a Leader, I will do all I can to train and motivate my staff to provide courteous, efficient and effective service. As a Professional, I will continue my education in areas such as law, technology, management and finance in order to improve office efficiency by initiating economical practices and procedures. Judy Beth Hutcherson In my Fiduciary Duties, I will AAC Board President; keep confidential information reClark County Treasurer ceived in an official capacity while maintaining the public’s right to access information according to the laws of the state of Arkansas. In Camaraderie, Deliberation or Negotiation with other public officials, I will hold friendship as an end and not a means. I will hold that the true execution of my duties calls for independent action predicated on that which is in the best interests of the people of my state and Clark County. As a Citizen of the United States of America, and an official of my state and Clark County, I will endeavor to bear in mind that my obligation each day of rededicating my loyalty and allegiance to the people of Clark County who elected me to a position of leadership and service and to give freely of my time, labor and talents in service to those who come to me for assistance and advice. In every Personal Action, I will be mindful that every action is subject to scrutiny; that what I do or say will tend to build up or destroy confidence in my government; and I will be cognizant of what I say or do at any place or at any time. I willingly Acknowledge that when I accepted this office, I ceased to be responsible only to myself but pledged to be a true servant of the people of Clark County, my state and my country.

Judy Beth Hutcherson

Judy Beth Hutcherson Clark County Treasurer / AAC Board President

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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Celebrating Arkansas’ arts

rkansas has a rich history of leaders whose contributions have done much to increase the quality of life for the people of our state. From business leaders who employed tens of thousands across generations to philanthropists whose gifts have made the arts accessible to all Arkansans, these leaders’ contributions have made their mark. One Arkansan who had a large impact on the state was Joseph T. Robinson. Joe Robinson was born in Lonoke County, Arkansas, and in 1894 , he became the youngest member of the Arkansas General Assembly at the age of 22. He served as the 23rd Governor of Arkansas and then in the U.S. Senate. Robinson passed away at the age of 64, but the impact he had on our state endures to this day. One of the reminders of his legacy is the Robinson Memorial Auditorium, which was first completed on Dec. 8, 1939. Through the years, the auditorium has served as a Little Rock icon, hosting some of the most influential performers and speakers of the past century including Elvis Presley, Ella Fitzgerald, Ray Charles, The Beach Boys, Dwight D. Eisenhower and Bob Hope. As a native Arkansan, I have many special memories from the Robinson Center. My favorite performance at the Robinson center was an event produced by Ballet Arkansas in 1983, featuring Mikhail Baryshnikov. I also have a picture in my office from May 2000, when a crowd of more than 2,000 gathered at the Robinson Auditorium to honor the memory of Daisy Bates on her birthday, just months after she had passed away. Several weeks ago I had the pleasure of speaking at the grand re-opening of the Robinson Center in Little Rock. The new state-of-the-art facility received an incredible makeover to bring the 75-year-old performing arts center into the modern age.

From The

[I also have been in] attendance at Governor the grand re-opening of the Walton Arts Center in Fayetteville after the completion of a $23 million renovation and expansion project. The beautiful performing arts venue was made possible by a partnership between the University of Arkansas and Arkansas’ most influential family — The Waltons. I [was] excited to see the new facility and to hear of all of the exciting programs that will be on Hon. ASA display for Northwest Arkansas in the HuTCHINSON coming year. Governor of Arkansas The need for updated facilities and increased seating for these two theaters underscores the growing attention the arts are getting in Arkansas. The Robinson Center and the Walton Arts Center are both well positioned to stimulate increased tourism and leisure spending in Arkansas. As Paul Allen, the co-founder of Microsoft put it, “the arts have a crucial impact on our economy and are an important catalyst for learning, discovery, and achievement in our country.” I am proud that here in Arkansas, we are ensuring that the arts remain accessible to all, and that future generations will be able to experience the exciting new offerings at these two outstanding venues for generations to come.

Asa Hutchinson The Honorable Asa Hutchinson

Johnson County observes Go Pink Day, promotes breast cancer awareness Johnson County Judge Herman Houston (center) declared Oct. 21 as Go Pink Day in his county to raise awareness about breast cancer. Among those donning pink that day were (first row) Treasurer/Collector Leta Willis and the judge; (second row) Charlsie Butler and Cheryl Dickerson; (third row) Judy Williams, County Clerk Michelle Frost, Shirley Joyner and Mechelle Vannoy; (fourth row) Liz Jackson, Joyce Carson, Misty Hurst and Jessica Cochran; (fifth row) Ann Williams, Debbi Franklin and Aleah Duff; (sixth row) Constance Holloway and Betty Smithee; (seventh row) Assessor Jill Tate, Sheriff Larry Jones and Bobby Hatcher; (eighth row) Robert Peterson, Kim McElroy and Susan Richards. National Breast Cancer Awareness Month, founded in 1985, is an annual international health campaign organized by major breast cancer charities every October to increase awareness of the disease and to raise funds for research into its cause, prevention, diagnosis, treatment and cure. — Submitted by Johnson County Collector Leta Willis COUNTY LINES, FALL 2016

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AG Opinions: From equipment leases to bonus compensation

AG OPINION NO. 2016-074 The Attorney General answered a frequently asked question: “Does a county have to bid to lease equipment under ACA § 14-22-101 or otherwise?” Answer: No. The AG made clear that a simple equipment rental or lease (whereby the county does not acquire an ownership interest) does not require a bid. The AG stated that the law was very clear and unambiguous. It is unlawful for a county to make purchases in excess of $20,000 unless the methods described under the county purchasing law are followed unless there is an exception under ACA § 14-22-106. A “purchase” is defined as not only an outright purchase of a commodity, but also the acquisition of a commodity under a rental-purchase agreement, a lease-purchase agreement or any other agreements where the county has the option to buy a commodity and apply the rental payments to the purchase price. The AG concluded that true leases are not subject to the formal county bidding process. This conclusion is drawn from the explicit language and definitions of the statutes. AG OPINION NO. 2016-068 The AG determined that ACA § 1218-104 prohibits the release of the entire record in a child maltreatment case under the Arkansas Freedom of Information Act (FOIA). The AG further determined that prohibition also extends to other agencies, like sheriffs’ and local law enforcement agencies not explicitly listed under ACA § 12-18-104. The AG

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AG Opinions

noted that the sheriffs’ offices and local law enforcement agencies are included under the provision as “other agencies” that investigate crimes and conduct child maltreatment investigations. The FOIA exempts from disclosure of public records afforded exemption under other statutory provisions. The AG says the exemption extends to these protected investigative records even if filed with circuit clerk.

peace are paid on the basis of per diem compensation and a bonus or lump sum payment for justices of the peace is not permitted under the law.

AG OPINION NO. 2016-072 The AG determined that Amendment 55 allows for the quorum court to appropriate a bonus or lump sum payment to county employees and officials. Amendment 55 expressly provides a county quorum court the duty to fix the compensation of county employees and officials. In addition to the broad power under the Arkansas Constitution, ACA § 14-14-1206(a) expressly references compensation by lump sum payment. The AG noted, however, it is clear the salary of county official may not exceed the maximums prescribed by law, and a bonus or lump sum payment might be restricted to the maximum under the law. The AG also noted that a bonus or lump sum payment may be based upon longevity or years of service. However, the provisions of ACA § 14-14-1203(d) that limit the timing for reduction of a county official’s salary would need to be taken into account for the longevity pay type of bonus for county officials. Finally, the AG noted that justices of the

AG OPINION NO. 2016-040 The AG made clear that counties can receive reimbursement for payments disbursed to election commissioners on a per-public-meeting basis only. The AG explained that ACA § 7-4-111(b) and the Rules for Reimbursement adopted by the State Board of Election of Commission (SEBC) limits the reimbursement to the county to payments for participation by county election commissioners in meetings. The law also sets a minimum and maximum reimbursement sum per meeting and limits the number of meetings for state-funded elections subject to reimbursement. The AG noted that a county will not receive reimbursement for tasks performed by an election commissioner outside of the context of a meeting. The AG also determined that there is no prohibition in law on counties in providing reasonable compensation to election commissioners for their performance of necessary tasks, if any, that cannot or cannot practicably be accomplished in the context of a meeting.

Mark Whitmore AAC Chief Counsel

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Time to focus on major issues such as jails, mental illness

Behind the lines

ell 2016 has certainly flown by like waterfowl state. The options varied in their intent in the Mississippi Flyway. You know what they of impact and ranged from altering sensay, “The older you get; the faster the years go.” tencing guidelines to mental health and Our country endured a divided and polar- crisis intervention. izing political season for more than a year, and now it’s time to County jails oftentimes become unite as Americans and support the victors and focus on serving warehouses for state inmates when the the people. The same goes on the state level. The races are done. population swells and far too many The seats have been filled. It’s time to serve Arkansans. times become a place where the mentalIn Arkansas, we are not short on challenges in state and county ly ill and those suffering from substance Scott perkins government. We have a plethora of needs and areas of concern abuse end up instead of in a treatment Communications and only so much revenue and resources. A major issue for coun- facility. The County Judges Association Director ties and the state is jail overcrowding and mental illness. of Arkansas, the Quorum Court AsMeeting the demands of one of the fastest growing prison sociation of Arkansas and the Arkanpopulations in the country deserves a broad and multifaceted ap- sas Sheriffs Association (ASA) all have proach to rethinking our criminal justice system. The Council passed resolutions requesting state leaders to provide “priority of State Governments Justice Center has conducted Justice Re- funding” for crisis intervention training and infrastructure. They investment research in the identified three main aspects state and this fall presented in the resolutions: its findings to state leaderEstablishment and fundship and legislative commiting for adequate in-jail beeeting the demands of one of the fastest tees of interest. Justice rehavioral health services and investment is a data-driven crisis services for the mengrowing prison populations in the coun- tally ill (including support approach to reduce corrections spending and reinvest through use of telemeditry deserves a broad and multifaceted approach to cine); establishment and savings in strategies that can decrease recidivism and funding of regional crisis increase public safety. Since rethinking our criminal justice system. stabilization units (CSU) for last fall, the Justice Center the mentally ill throughout conducted more than 100 the state of Arkansas; and esmeetings and calls with tablishment and funding for various stakeholders and crisis intervention training reviewed more than 3 million records from Arkansas agencies (CIT) of law enforcement officers throughout the state of Arkanlike the Department of Correction, the parole board, sentencing sas. In his proposed budget, Gov. Asa Hutchinson did suggest $5 commission, Arkansas Crime Information Center and the Ad- million of his rainy day funds to be used for crisis intervention ministrative Office of the Courts. units and training. The center’s research unearthed some disturbing facts about ArThe Justice Center’s policy options concerning crisis intervenkansas’ prison system, and also identified equally disturbing trends. tion highlighted five main areas of emphasis: Arkansas’ prison population increased 22 percent from 2012 to 2014 and is among the fastest growing population in the na• Create a fund to reimburse Arkansas’ local law enforcetion. The state’s prison population also increased 53 percent since ment agencies for expenses associated with training offi2000. We now spend more than $500 million on corrections cers/deputies in crisis intervention/specialized response for a year, and that number is up 68 percent since 2004. Arkanpeople with mental illness; sas’ prison population is projected to increase by 19 percent by • Develop options for diverting people with mental illness 2023. The Justice Center reported that maintaining the status from jails, including funding to support crisis stabilization quo would cost the state more than $650 million in additional units as well as necessary programming and treatment for successful reintegration into the community; spending from 2018 through 2023. • Assist the Association of Arkansas Counties and ASA in the I don’t know about you, but these findings are eye opening development of screening and assessment tools for use by and it is evident we must take proactive measures to stop the growth and mitigate spending while continuing to protect our See “JUSTICE” on Page 14 > > > communities. The center provided plenty of policy options to the

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Justice • •

local jails. Use of such tools by local jails will be voluntary; Develop a secure statewide database for maintaining information on jail intake screenings/assessments to enable this information to be readily accessible to jails in Arkansas; and Create county/regional councils to coordinate administration of criminal justice at local level.

Unfortunately, local law enforcement officials in the state of Arkansas have few options when encountering the mentally ill on the street. Currently, Arkansas law enforcement does not have infrastructure or specialized training to divert these individuals from incarceration to treatment. In 2006, the Bureau of Justice Statistics (BJS) found the majority of state, federal and local jail inmates had mental health problems and 15 percent had severe mental illness. According to the National Association of Arkansas Counties (NACo), one in five adults in the U.S. experience a mental illness, with less than half receiving treatment in the past year. One in 25 experience a serious mental illness, with only two-thirds receiving treatment. One in ten experience a substance abuse disorder, with only 10 percent receiving treatment in the past year. NACo has promoted for several years “Smart Justice” which emphasizes spending local tax dollars and resources smarter and more effec-

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tively by diverting the non-violent non-dangerous from jail while protecting public safety and incarcerating the dangerous and violent in jail and prison. Forty-five states have crisis stabilization units, crisis intervention training and diversion programs of some nature, including Arkansas’ surrounding states. Many stakeholders including state legislative leadership toured crisis intervention units in Texas and elsewhere earlier this year. According to local officials, that 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 over about 12 years. The Bexar County jail now has empty beds instead of overcrowding. The fact that we have no mental health crisis infrastructure is a certain factor in the state’s 48 percent recidivism rate. These individuals do not need to be locked up in a jail or prison environment. Law enforcement needs options when encountering these individuals on the street. It’s the right thing to do for our citizens and society. Creating more prisoners from those who need help is a status quo that we can’t afford to simply continue. It’s time to serve the people better.

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Moving forward together creates successful ventures

RESEARCH CORNER

onnie Baldwin, deceased, served more than 30 conveyed by DHS and the CMHC years in law enforcement prior to becoming ex- were acceptable statewide. Then he ecutive director of the Arkansas Sheriffs Associa- led regional meetings with memtion (ASA) in 2012. Ronnie passed away Aug. 28, bers of the General Assembly and 2016, but his legacy lives on. Ronnie had many endearing the same stakeholders in Sebastian, qualities: loyalty, off-the-chart-work ethic, dedication, tenacity, Union, Craighead and Washington vision and kindness. Ronnie was not just a leader. He was an counties. These meetings sought effective leader. He was passionate in everything he undertook. support for crisis intervention trainMark Whitmore His efforts will endure for years to come. ing (CIT) for law enforcement and AAC Chief Counsel Ronnie served as Cross County sheriff from 1999 to 2008 the establishment of regional crisis and spent more than 15 years working for the Wynne Police stabilization units in Arkansas. Prior Department as patrolman, lieutenant and as a criminal investi- to Ronnie’s advocacy, there were no gator. Ronnie also was the Brinkley chief of police from 1995 efforts underway for establishing crisis stabilization units in to 1997. He was a board member of the National Sheriffs As- Arkansas. Now, Gov. Asa Hutchinson has recommended addisociation (NSA) and served on several committees. He was also tional funding for regional crisis units in the DHS budget reca board member for Victims ommendations. Prior to RonInformation and Notificanie’s advocacy, CIT for law tions Everyday (VINE), a enforcement in Arkansas was f everyone is moving forward together, national organization focused rare; only Craighead County on victim notification. He had received the requisite 40 success takes care of itself. was a loving husband, father hours of CIT under the Memand grandfather. He truly was phis model. Members of sev— Quote by Henry Ford, eral law enforcement agencies, a great friend. He had several major legisapplied by Ronnie Baldwin such as Pulaski County, Little lative priorities that are curRock, North Little Rock and rently left unfulfilled. One Sebastian County, have compriority was for the state of pleted the appropriate level Arkansas to quit warehousing hundreds of citizens with men- of CIT training. In addition, the Arkansas Law Enforcement tal illness in our county jails. Another priority was the man- Training Academy (ALETA) is seeking additional funding agement of the state prison and local jail overcrowding. These statewide for cadets to receive eight hours of CIT during their priority matters along with other tools like telemedicine and basic training at the academy. If ALETA obtains the funding, specialty courts are interrelated. which is recommended by Gov. Hutchinson, ALETA will offer In 2014, Ronnie was awarded the President’s Award from the the 40-hour CIT (via train the trainer) statewide. Mental Health Council of Arkansas (MHCA) for his leaderRonnie knew that success required the building of a coalition ship in creating the Law Enforcement and Mental Health Co- between mental health advocates, law enforcement, prosecualition. Ronnie had served on the board for Mid-South Health tors, CMHC directors, county judges, sheriffs, the Association Systems, Inc. and knew well the level of service a community of Arkansas Counties (AAC), legislators and the governor. He mental health center (CMHC) was capable of providing. After knew Arkansas is small enough that we can get things done — becoming ASA director, he immediately spearheaded efforts for if we act together. One unlikely coalition was created between better services for the mentally ill in Arkansas. the sheriffs and the American Civil Liberties Union of Arkansas (ACLU). The sheriffs in Arkansas are strong advocates for the In-Jail Services, Crisis Intervention mentally ill. Training and Crisis Services Ronnie was always beating the drum for change — seeking Ronnie organized a series of meetings throughout the state at the implementation of these urgent priority needs. He reiteratthe various 13 CMHC catchment areas with Arkansas Depart- ed again and again that the state of Arkansas has an affirmative ment of Human Services (DHS), sheriffs, prosecutors, CMHC See “FORWARD” on Page 16 > > > directors and other stakeholders to assure the level of services

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duty under the Arkansas Constitution, Article 19, Section 19 ment. Andrew Barbee, research manager with the Council of to provide for the treatment of the insane. He educated policy State Governments (CSG), presented the CSG’s recommenmakers about our urgent needs: in-jail services, crisis services dations on a prudent and affordable means to achieve the urand CIT. As a result, the Quorum Courts’ Association of Ar- gent needs in behavioral health services. He also explained kansas, County Judges’ Association of Arkansas (CJAA) and the other recommendations on justice reinvestment. Other presenters included DHS officials and staff, Arkansas Arkansas Sheriffs’ Association (ASA) each have adopted resoluDepartment of Corrections and Community Corrections offitions in support of better in-jail services, CIT for law enforcecials and staff, sheriffs, AAC staff, and members of the MHCA. ment and regional crisis units. At the AAC Conference on August 25, 2016, the governor The summit was attended by more than 30 state legislators and announced his support for funding for CIT and regional crisis more than 120 representatives from various stakeholder groups, stabilization units in Arkansas. The governor recognized that including hospitals and the Arkansas Hospital Association, CIT is necessary so law enforcement officers can identify the prosecutors, law enforcement, judges and others. Over the past year, the CSG gathered extensive data from mentally ill. He further noted the importance of regional crisis stabilization units so there is a suitable location to take the the field, conducted dozens of meetings with stakeholders. As a mentally ill for emergency behavioral health treatment. The result, the CSG made recommendations on the affordability of governor underscored the key: currently our law enforcement crisis stabilization units through leveraging of Medicaid. CSG officers have no other options. All too often the mentally ill end also provided information on the ways in which to set up crisis up in our emergency rooms or our jails. Emergency rooms and stabilization units. jails are not equipped and not intended to provide emergency The CSG report is posted on the AAC website at http://www. behavioral health or crisis services. arcounties.org/public/userfiles/CSGSummit.pdf. Many of you will recall the horrific tragedy in Dallas this The data is compelling. The number of detainees in our summer. Many of you heard the pleas of David Brown, the chief of police for the Dallas Police Department, following the tragic loss of life of five law enforcement officers and injury of two civilians. “Every societal failure, we put it on the cops to solve … We are asking cops to do too much in this country. Not enough mental health funding. Let the cops handle. Not enough drug addiction funding. Let’s give it to the cops… We have a dog problem in our city. Let the cops chase the dogs… Policing was never meant to solve all those problems, help us,” Chief Brown said during his July 11, 2016, news conference. “We are putting our lives on the line. Do your job. You want us to be Superman but we are not. We need help,” Chief Brown said to legislators. More mental health funding is a national issue. If we move forward together, we will get the job done. At the request of state Sen. Jeremy This chart, found on page 13 of the Council of State Government’s “Justice ReinHutchinson and Rep. Matthew Shepavestment in Arkansas” report (found on the AAC website at http://www.arcounties. rd, chairs of the Legislative Criminal org/public/userfiles/CSGSummit.pdf ), shows that the number of detainees in our Justice Oversight Task Force, the AAC county jails has grown from approximately 5,000 in 2000 to now in excess of 7,600. hosted on Oct. 4, 2016, the first-in-theSeventeen percent of the jail population has serious mental illness and approximately nation Statewide Summit on Mental 68 percent has substance abuse disorders (alcohol or drugs). Health and Criminal Justice Reinvest16

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county jails has grown from approximately 5,000 in 2000 to now in excess of 7,600. Seventeen percent of the jail population has serious mental illness and approximately 68 percent has substance abuse disorders (alcohol or drugs). Most jails are not equipped to provide treatment and programming. Other states have realized that the costs of treatment of the mentally ill can be leveraged with Medicaid. Those costs are much less than the costs and burden to the criminal justice system. Plus, the societal outcome is a healthier and safer community. Barbee further noted that the lion’s share of growth in the number of state inmates is not from new charges, but from parole revocation. Richard Wilson, deputy director of the Arkansas Bureau of Legislative Research, made an eye-opening presentation on the historic growth in the budgets of the Arkansas Department of Corrections and Community Corrections from 1981 to date and projections to 2023. The presentation is posted on the AAC website at http:// www.arcounties.org/public/userfiles/Corrections2016.pdf In essence, the general revenue budget for Community Corrections has grown from $27 million in 1997 to more than $78 million in 2016. The budget for Community Corrections is projected to exceed $98 million by 2023. Meanwhile, the Arkansas Department of Corrections’ general revenue budget has gone from $120 million in 1997 to more than $336 million in 2016. The budget for Arkansas Department of Corrections is projected to grow to more than $400 million by 2023. The state inmate population growth in Arkansas is ranked among the highest nationally. Also, Arkansas ranks among the highest in the rate of recidivism. Diversion of the mentally ill from our criminal justice system is an absolute imperative. Recently, Arkansas Legislative Audit produced a special report regarding the justice system in Arkansas, including state and local revenues and expenditures. It concluded that statewide the counties’ annualized expenditure on the courts was more than $64 million while revenues retained by counties was $18 million. The counties are therefore burdened with $46 million in excess spending each year on the courts. So the savings seen from the diversion of the mentally ill would save not only costs of incarceration, but also result in savings to the justice system as a whole. The special report is posted on the AAC website at http:// www.arcounties.org/public/userfiles/CourtCosts.pdf. Criminal Justice Coordinating Committees During the CJAA Fall 2016 conference, the county judges tackled in depth two other matters that may be tools in the intersection of behavioral health and the criminal justice system: criminal justice coordinating committees (CJCCs) and mental health courts. AAC Law Clerk Sarah Giammo provided the following presentation to the CJAA: CJCCs are a tool for efficient allocation of the highly expensive resources of the criminal justice system. CJCCs facilitate COUNTY LINES, FALL 2016

communication, the gathering and use of data and implementation of state and local initiatives to divert the mentally ill and low-level drug and alcohol abusers to treatment instead of jail. Best practice suggests representation on the CJCC of various stakeholders: legal professionals such as judges, prosecutors, and public defenders; county officials and law enforcement; medical and mental health professionals; and local community leaders. Data collection of certain data points is recommended, as well as setting up routine regular meetings and establishment of operational bylaws. A copy of the legal memorandum on CJCCs is posted on the AAC website at http://www.arcounties.org/public/userfiles/ CJCCMemo.pdf. Specialty Courts (Mental Health Courts) Specialty courts seek to reduce the use of the criminal justice system and divert low-level offenders to treatment or programing. Craighead and Crittenden counties in the Second Judicial District established a mental health court program in 2009. It was initially funded by a grant from the Bureau of Justice Assistance (BJA). The grant provided funding for the first two years of operation, starting in 2010. Circuit Judge Victor Hill presides over the court. The Craighead and Crittenden counties’ Mental Health Court team also includes prosecutors, mental health counselors, public defenders and probation officers. The team meets weekly on the status of participants to determine if the court needs to address infractions, progress and new referrals. The court entertains recommendations from the team members and then issues its orders on treatment or sanctions. A mental health court entertains referrals of candidates for participation by team members. A participant that is competent to enter a plea and is treatable, enters a plea — misdemeanors in district court and felonies in circuit court — and commences treatment immediately. Under Arkansas Supreme Court Administrative Order No. 14 and Ark. Code § 16-10-139, Arkansas circuit courts and district courts are permitted to establish special courts, including mental health courts, drug courts, veteran’s courts, juvenile drug court, “smarter sentencing” court, “HOPE” court, DWI court and a mental health crisis intervention center. The law also allows the establishment of pre-adjudication programs as provided by Ark. Code § 5-4-901 et seq. and the Swift and Certain Accountability on Probation Pilot Program under Ark. Code §16-93-1701. The Arkansas Supreme Court must approve any specialty court program operated by a circuit court or district court in the state. Its plan must be submitted under Arkansas Supreme Court Administrative Order No. 14. Many of these specialty courts operate with similarly trained and equipped staff. The key to launching a specialty court in a judicial district is a willing and able judge. See

“FORWARD” on

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A copy of the legal memorandum on specialty courts provided to the CJAA is posted on the AAC website at http://www.arcounties.org/public/userfiles/MHCourts.pdf. Telemedicine Citizens in jail have unique challenges gaining access to medical doctors and behavioral health professionals. Arkansas Medical Board regulations provide that the doctor-patient relationship may be established by telemedicine — through an examination conducted in real time using audio and visual technology that provides at least as much information as the doctor could obtain though an in-person examination. There are a few successful uses of telemedicine for detainees for medical and behavioral treatment in Arkansas. We hope to facilitate more use of telemedicine throughout Arkansas — in particular for the treatment of citizen-detainees in our local jails. This chart, found on page 32 of the Council of State Government’s “Justice ReinSebastian County held a regional sumvestment in Arkansas” report (found on the AAC website at http://www.arcounties. mit in Spring 2016. County Judge David org/public/userfiles/CSGSummit.pdf), shows the number of state inmates in the Hudson and Sheriff Bill Hollenbeck, along Arkansas Department of Corrections has grown from 14,832 in 2012 to 17,973 in with Prosecutor Dan Shue and other com2016 — and is expected to increase to 21,345 by 2023. munity leaders, conducted the summit, and they have been working on criminal justice coordination. Also, Sebastian County is launching the Hope Campus — a locaand again at the statewide summit. However, please note that tion for serving the community, homeless, and those in need of even with implementation of the CSG recommendations, the medical treatment and behavioral health care. They are actively projections show growth in the number of state inmates in the refurbishing a location for their operations. With the collabora- Arkansas Department of Corrections to 20,077 by 2023. At the tion of the local community health center, a local hospital and AAC conference the Arkansas Association of Quorum Courts DHS, the Hope Campus could serve as a site of a regional crisis adopted a resolution in support of the ASA and CJAA resolustabilization unit. Craighead County, Pulaski County and other tions. They join the call for the state to respect a maximum areas are actively looking for suitable locations for the establish- threshold to the total number of state inmates from the Arkanment of a regional crisis stabilization unit. sas Department of Corrections and Community Corrections to be backed up into the county jails. Inevitable growth in the number County officials may foresee savings that can be made from of state inmates & regional jails a regional jail. Several counties could close their local jails and The number of state inmates in the Arkansas Department partner in the creation of a regional jail. Some of the counties of Corrections has grown from 14,832 in 2012 to 17,973 in or cities would operate small holding facilities but partner in a 2016, an increase of 21 percent. These numbers are reflected commitment to support a regional dentition facility. Likewise, in a chart from page 32 of the report of CSG (linked above). the participation in a regional jail offers savings to the state of The chart also reflects the current projections of the growth in Arkansas. The cost of the operation of a regional jail is projected state inmates of 21,345 by 2023. That’s a growth rate of 19 to be far less than the operational costs of our state prisons. percent. Plainly, we cannot build our way out of this problem. The governor and general sssembly are active and engaged The CSG report has several recommendations of best practices on these issues. As Ronnie Baldwin demonstrated throughout to reduce growth in the number of state inmates. They made his successful career, “Moving forward, if we work together, we their presentation of recommendations at the AAC conference will succeed.” 18

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Statewide mental health summit draws more than 120 On Oct. 4, 2016, AAC hosted the first-ever Statewide Summit on Mental Health and Criminal Justice Reinvestment. More than 120 attended the event, including county and state officials, state legislators, behavioral health advocacy groups and other stakeholders. Representatives from each group spoke about how mental and behavioral health issues and jail overcrowding have affected their organizations. Top Right: The day began with a joint meeting of the Criminal Justice and Behavioral Health task forces. Andrew Barbee of the Council of State Governments Justice Center presented recommendations for addressing jail overcrowding. Middle Right: The summit began at AAC following the task force meeting. State Rep. Clarke Tucker, chairman of the Behavioral Health Treatment Access Legislative Task Force, state Sen. Jeremy Hutchinson, co-chairman of the Legislative Criminal Justice Oversight Task Force and state Rep. Matthew Shepherd, co-chairman of the Legislative Criminal Justice Oversight Task Force, updated attendees on the activities of their task forces. Also pictured is state Sen. Eddie Joe Williams, who attended the summit. Below Left: County officials, including judges, sheriffs and jailers, attended the summit. Pictured are Maj. Clayton Edwards, jail administrator in White County, and Lincoln County Sheriff Leonard Hogg. Below Right: Several members of the state legislature attended the summit. Pictured from left to right are Rep. Rick Beck, Rep. Sue Scott, Sen. Joyce Elliott, Rep. Trevor Drown, Rep. Frederick Love, Rep. Ron McNair and Rep. George McGill.

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State’s 911 system needs to be studied

Governmental Affairs ct 1171 of 2013 created the Blue Ribbon Com- distributed as follows: 4.5 percent

mittee on Local 911 Systems. This committee to the General Revenue Fund, studied 911 for more than a year, and then in 0.875 percent to the Educational December 2014 provided recommendations to Adequacy Fund, 0.5 percent to the then-Gov. Mike Beebe and the legislature. The committee Property Tax Relief Trust Fund, stated, “The state’s 911 system can no longer be funded 0.5 percent to the Highway Fund, through wired lines as 911 calls in Arkansas are overwhelm- and 0.125 percent to the Conseringly wireless.” Think about this: before cell phones, there vation Fund. None of this revmay be one or two 911 calls for a car wreck. Someone would enue is dedicated to 911 services. run into the closest business and dial 911. Now every mo- The lower taxed states have more torist that passes by the accident dials 911, and each call has dedicated revenue directed to 911 Josh Curtis to be answered and taken as seriously as the next. A 911 op- services. For instance, in Tennessee Governmental Affairs erator has to be present to answer all these calls. Therefore, and Mississippi the 911 user fee is Director staffing has been increased to handle the call volume. set at $1 — 35 cents higher than The state levies a 65-cent user fee on cell phones per month; Arkansas. Should a portion of this each person with a cell phone pays $7.80 a year for 911 sales tax be diverted to 911 services? services. In 2015 this fee generated $18,957,120.76. This In 2015 there were approximately 2,345,304 911 calls amount was split among more than 130 Public Safety An- placed to 911 centers in Arkansas. Ninety percent of those swering Points (PSAPs) across the state. The national average calls were made using a cell phone. Sixty-seven percent for the 911 user of the dedicated fee is approxirevenue comes mately 95 cents, from the wireso most Ameriless user fee. The he state levies a 65-cent user fee on cell phones cans pay around other 10 percent per month; each person with a cell phone pays $11.40 for 911 of the 911 calls services per year. were from land$7.80 a year for 911 services ...The national averAnother source lines, which acfor 911-dedi- age for the 911 user fee is approximately 95 cents, so most counts for 26 cated revenue is Americans pay around $11.40 for 911 services per year. percent of the wire-line tariffs. dedicated reveIn 2015 the revnue. The number enue generated that the counfrom wireline ties focus on is phones totaled $7,390,852.52. Wireline revenues have de- $20,821,055.76. This is the amount of money counties creased significantly over the past years but should plateau and cities are spending to supplement 911 operations. since most people have already tossed out their landline. The Criminal Justice Reform Act of 2015 allowed the Most landlines now belong to businesses. governor and the legislature to appoint the Legislative The last source of dedicated revenue for Arkansas’ 911 Criminal Justice Oversight Task Force. This task force and system comes in the form of legislation passed in 2013. Act Gov. Asa Hutchinson brought in The Council of State Gov442 of 2013, known as the Telecommunications Regula- ernment (CSG) to perform an outside, non-biased study tory Reform Act of 2013, provides additional funding for of Arkansas’ criminal justice system. CSG worked with all county-operated PSAPs. This act directed $2 million to the stakeholders in the criminal justice system and has decounties, using a formula that provided more funding to livered recommendations to the task force. The majority of smaller counties. This is a flat amount that does not grow these recommendations are supported by the majority of from year to year. the stakeholders. Most legislators believe these recommenThe Tax Foundation released a study in October that said dations will be supported in the upcoming session and be Arkansas is the ninth highest taxed state for wireless services. enacted into law. A subcommittee of the 911 Blue Ribbon If you look at your cell phone bill you will see that you also committee has recommended a similar study be conducted pay sales tax to your provider. The state sales tax collected on Arkansas’ 911 system. For something to change, an outon cell phone service is treated no differently than the regular sales tax. The state sales tax collections of 6.5 percent are See “911” on Page 58 > > >

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Out-of-state Homestead Property Tax Credits: to check or not to check?

mendment 79 to the Arkansas Constitution was approved by Arkansas voters during the November 2000 general election. The ballot title read, “An amendment to limit the increase in the assessed value of a taxpayer’s real property after a countywide reappraisal and to require a property tax credit of at least three hundred dollars ($300) on homestead property.” Section 3 of the amendment mandated that the Arkansas General Assembly pass legislation for an annual state credit against property taxes on a homestead in an amount no less than $300, effective for taxes due in 2001. In a special session shortly after the election, the General Assembly passed enabling legislation later codified as ACA § 26-26-1118, which established an annual homestead property tax credit in the amount of $300. In 2009, the legislature increased the credit amount to $350, the current value of the homestead tax credit. ACA § 26-26-1122 defines “homestead” as “the dwelling of a person that is used as his or her principal place of residence . . . .” ACA § 26-26-1119 prohibits a property owner from claiming more than one homestead property tax credit for each year. Differing opinions have been expressed by experts across the state on whether this law precludes a property owner from lawfully claiming a homestead tax credit in another state in the same calendar year he/she claimed the credit in an Arkansas county. On the one hand, some say that a person can have only one “principal place of residence,” so to claim two credits is unlawful per se. On the other hand, ACA § 26-26-1119 prescribes the penalties for duplicate homestead claims made in the same county and also for duplicate homestead credit claims made “in a county other than the county where his or her lawfully claimed homestead property tax credit was claimed.” These people further claim that “county” can only reasonably be interpreted as meaning counties within the state of Arkansas. This has led to confusion among county assessors across the state concerning their duty to, in due diligence, perform a search to determine if a person is unlawfully claiming multiple homestead tax credits in the same calendar year. Some assessors search only within the boundaries of Arkansas, while others search beyond the state’s borders for other claimed homestead tax credits. On October 4, 2016 Arkansas Attorney General Leslie Rutledge issued Opinion 2016-074 and essentially agreed with both positions: a person can have only one primary place of residence, but the Arkansas Legislature likely only intended to prohibit a person from claiming multiple homestead tax credits within the state. Rutledge opined, “the term ‘homestead property tax credit’ [as it applies to COUNTY LINES, FALL 2016

Legal Corner

an Arkansas property owner being prohibited from claiming more than one credit in a calendar year] does not include a property tax credit claimed under the laws of another state.” However, the opinion goes on to state that it “does not mean that a property owner may lawfully LINDSEY BAILEY claim both the Arkansas credit and General Counsel a similar out-of-state credit in every instance. Instead, the owner’s claim of both credits may be evidence that he or she is improperly claiming at least one of the credits.” A taxpayer may only receive a homestead property tax credit in Arkansas if that property is the person’s “principal place of residence.” Logistically, a person can only have one “principal place of residence.” The opinion points out that if a taxpayer claims a homestead property tax credit both in Arkansas as well as another state with a similar requirement that the homestead be the taxpayer’s principal place of residence, then the property owner has likely defrauded at least one of the states: [A] property owner’s claim of both credits will necessarily involve misrepresentation to at least one of the states with respect to the location of his principal place of residence. If his principal place of residence is located in the other state, then his claim of the Arkansas credit is unlawful because the Arkansas credit may not be claimed except with respect to the principal place of residence. If his principal residence is located in Arkansas, then his claim of an out-of-state credit that is also available only with respect to the principal place of residence is unlawful. Determining which credit is properly claimed will involve determining the location of the property owner’s principal residence. In conclusion, a county assessor in Arkansas is now left with the decision of whether to perform a duplicate homestead tax credit search beyond the boundaries of the state when a taxpayer applies for a homestead property tax credit. Although the attorney general’s opinion intentionally leaves this question unanswered, it appears to imply that a check for a duplicate homestead credit claim beyond Arkansas boundaries is not required, but is also not prohibited. Checking for duplicate homestead credit claims in other states would be an act of due diligence, particularly in states where the homestead property tax credit eligibility requirements are similar to that of Arkansas — only for a person’s principal place of residence. 21

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‘Speaking the same language’ is a powerful communicator

eveloping ongoing relationships with your state elected officials — especially your state representative(s) and state senator(s) — is an essential part of being an effective advocate for county government because in policymaking, it’s not who you know, but who knows you. So while you should be able to recognize your legislators and address them by name, in order to have an impact, they should be able to do the same. The 2017 regular session of the Arkansas Legislature starts in January. I hope you have already established a good working relationship with your legislators. If you haven’t, start right now. Of course, I know there were several new legislators elected in November. Work now on establishing an ongoing relationship with them. To lawmakers, what “the folks back home” think about legislative issues is often far more important than positions taken by groups like the Association of Arkansas Counties, even though our position is the position taken by our members — the elected county officials from around the state. The AAC staff talks with your legislators about bills of interest to our membership, and we advance AAC positions in committee meetings. We provide information as requested and help lawmakers prepare information for debate. We are the facilitators. YOU as county officials are the key lobbyists in the legislative process. The work of lobbying the legislature continues throughout the year. While the work at the Capitol during session is the most visible, the “off season” is busy as well. Currently, the AAC process for developing legislative objectives and priorities for the 2017 regular session is well underway and, in fact, practically ready to go. The AAC staff works hard all year, along with members of its affiliate organizations, to ensure that county issues get a fair hearing by state legislators. But the best tool in our tool kit is YOU — the county officials who can lobby and explain how the specifics of policy decisions made by state government will impact county government. Lobby — it’s a term that has negative connotations among many, but it shouldn’t. To lobby is simply “to try to influence public officials on behalf of or against proposed legislation.” As one story goes, the term “lobbying” originated during the early 19th century, when influence peddlers commonly milled around the lobbies of local government offices, statehouses or the U.S. Capitol waiting to buttonhole a particular politician. It is indeed noble for county officials to provide facts, documentation and expert information to legislators for or against legislation that affects county government — the level of government closest and most responsive to the people. I, in fact, believe it is the responsibility of county officials to do so. The U.S. Supreme Court has recognized that government will necessarily commit itself to certain positions in the course of fulfilling its function. As one commentator noted: “Courts consider government communication to be a function of the state that is not contained by the limitation of the First Amend22

Seems To Me...

ment.” [F. Schauer, Is Government Speech a Problem?, 35 Stan. Law Rev. 373, 376 (1983)] The Supreme Court has analyzed this issue as follows: “Government officials are expected as a part of the democratic process to represent and to espouse the views of a majority of their constituents. With countless Eddie A. Jones advocates outside of the governCounty Consultant ment seeking to influence its policy, it would be ironic if those charged with making governmental decisions were not free to speak themselves in the process.” As a county constitutional officer you may speak on behalf of or against proposed legislation as protected “government speech” — and you should do so. Former President John F. Kennedy described the work of lobbyists in a positive light, saying they are “expert technicians capable of examining complex and difficult subjects in clear, understandable fashion. Lobbyists serve a useful purpose and have assumed an important role in the legislative process.” Most legislators are not experts in the field of county government. They need to hear from those who are experts in county government operations in order to make informed decisions on bills that affect county government. Here are a few tips when communicating with your legislators — starting with the most important. Get to know your legislators: Every time you see a legislator, introduce yourself and tell him or her you live in his or her district. Do this until they recognize you and greet you by name. It is important to become well acquainted with your legislators before you actually need something from them. Help them to gain confidence with who you are and what you have to say. From the end of one session to the beginning of the next, you should be looking for opportunities to interact with your legislators. Invite them to visit with you at the courthouse. Show them county government in action and explain the challenges that counties face. Meet with your legislators regularly before, during and after the session. Bottom line, establish a rapport with the representatives and senators that represent your county so they will be more accepting of your message when the time comes for requesting a vote for or against an important issue. Find out more about your legislator’s background so that you can find a common ground and build a relationship based on shared interests. Here is an example. Several years ago, when I was director of AAC, there was one senator that would not give me the time of day. He simply would not listen to me. He was rude, and as far as I knew, I had never done anything to this man. I really studied to figure out a way to gain some COUNTY LINES, FALL 2016

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type of rapport with him. I finally remembered that a good banker friend of mine had moved to his part of the state years before. One day as I approached this senator about an issue, I mentioned the name of my good friend and asked if he was acquainted with him. As it turns out, they were acquainted and had become good friends. That was the connection I needed. From that day forward during his service as senator our relationship was much improved. Find some common ground. Provide facts with documentation whenever possible: One of the first things a lawmaker wants to know about a bill is how it will impact his or her county. When AAC sends out a message to “contact your legislator,” your e-mail, phone conversation, text or face-to-face meeting will always be stronger if you can illustrate the message with specific facts regarding how the legislation will impact your county — revenues lost or gained, or the costs of a proposed mandate on your county. Be persistent but brief and succinct: Tell your legislators what you want repeatedly and succinctly. Don’t assume they know what your issues and needs are. But, remember legislators are inundated with information from multiple sources. More is not necessarily better. A lengthy letter or e-mail may get placed in a pile with good intentions to read later — never to be seen again. Then your opportunity to make your point is lost. Timing of your message is important: The life of legislation is driven by deadlines in the process. When AAC sends out requests to contact legislators about a bill coming before a committee or scheduled for floor debate, a quick response is essential. The best response means nothing if it is too late. Because of the time element, AAC uses e-mail to communicate our legislative requests to county officials. You can use technology to stay current and communicate between yourself and your legislators. Much communication occurs in real time via e-mail or other electronic means. However, it is a good idea to determine whether your particular legislators have a preference for phone calls, e-mails or texts.

Maintain respect, even when being firm: Often our positions on issues seem so logical, how could anyone else differ from our opinion? Lawmakers are pulled in many directions by other lobbying interests, so sometimes their vote may not reflect what we want. You can still hold them accountable for a vote, but we don’t want to “burn a bridge” today when we will want their vote on a piece of legislation tomorrow. Thank your legislators: Don’t miss a chance to thank your senators and representatives for their help. It is important that legislators understand that we are appreciative of their efforts to address county issues, even when we don’t get everything we want. Even as you are asking for help with an issue, it is important to thank them for work they have done for your county in the past. They often have a thankless task, and their jobs many times are as frustrating as ours, so a little recognition from you can go a long way. As a general rule your legislators want to help you. If we are to be understood as we wish to be understood, we need to understand the recipients of our messaging. George Bernard Shaw said, “The single biggest problem with communications is the illusion that it has taken place.” By being open to receiving cues as we are conveying our message to legislators, we can also realize when our message is not being understood properly, if at all. By ensuring that we are “speaking the same language” we will be much more likely to successfully communicate what we intend on communicating. There are many opportunities for you to work with your legislators throughout the legislative process. The important point to remember is that the more active you are in the process, the more influence you will be able to have on legislation that could impact your county. Remember point No. 1 is to get to know your legislators and find common ground. It will be a great investment for your county. When the 2017 legislative session starts, don’t be in the situation Mark Twain referenced in one of his quips: “If you are looking for friends when you need them … it’s too late.” Know your legislators and speak the same language — it’s a powerful communicator.

75 Counties - One Voice COUNTY LINES, FALL 2016

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How healthy is your county?

ot too long ago I received an e-mail from a county judge. The e-mail said, “I am looking for ways to improve the overall health of our county. Incentives, gym memberships, walking and working our benchmarks, stress relievers, activities, and other ideas to improve the mental, physical, and emotional health.” Based on what I have read, observed and experienced, these are exactly the things we all need to be looking for in order to improve the quality of life for the citizens of our counties and for our counties in general. Our counties are diverse. The needs and workable solutions for one county are not necessarily the needs and solutions for another county. However, as my friend from the Arkansas Coalition for Obesity Prevention (ArCOP), Joy Rockenbach, said, “Healthier environments produce healthier people. And healthier people produce greater economic outputs, consume fewer health care resources, and lead better, longer lives.” We need to explore any and all ideas that would make our counties better places to live. Providing the components that would make a healthier environment in your county is a winwin scenario for all. If you need information and facts to support the need for improvements in the health of our citizens, go to http://www. countyhealthrankings.org/app/arkansas/2016/overview. When you open the link, the title at the top of the page is: Find out how healthy your county is and explore factors that drive your health. Scroll down the page a bit. Under the maps of Arkansas counties, you will find some reports that can be downloaded — 2016 Arkansas Summary Report, 2016 Arkansas Data, 2016 Arkansas Health Outcomes Map and 2016 Arkansas Health Factors Map. The information in these reports caught my attention. The reports look at a variety of measures that affect the future health of communities such as high school graduation rates, access to healthy foods, rates of smoking, obesity and teen births. This helps to identify issues and opportunities for health improvement in your county. It also helps fuel the discussion among the leaders in your county so you can gather support for initiatives among government agencies, healthcare providers, community organizations, business leaders, policy makers and the public. I am sure that it would not surprise you to learn that the National Association of Counties (NACo) is involved in the movement to help counties develop healthier environments. At http://www.naco.org/resources/programs-and-initiatives/ healthy-counties-initiative you will find NACo’s Health County Initiatives, which “aims to enhance public/private partnerships in local health delivery, improve individual and community health, and assist counties to effectively implement federal health reform.” In addition to resources that can be found online, you can look around the state and find programs in counties 24

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right here in Arkansas that are Wallet & waistline making a difference. The Kickstart Cleveland County Community Development Initiative was awarded the Community SOAR Award this year for “exemplary vision, accomplishments, and commitment to the future of the community.” This program came out of the Rison Shine Downtown Development. It started with community gardens and the Becky Comet University of Arkansas Cooperative AAC Member Extension Service. People had a Benefits Manager place not only to grow their own fruits and vegetables, but also to learn from the extension service and each other. A small grant got them started with the materials to build raised garden beds. As the idea blossomed, ArCOP provided another grant for, among other things, more raised garden beds and to start farmers’ markets in areas that did not have access to locally grown foods. Cleveland County hosted the Arkansas Homesteading Conference to teach people to grow their own food. The event brought in more than 300 people from 22 counties last year. The South Side Bee Branch Wellness Committee in Van Buren County recognized a need for local health care services in its area. As a result, the South Side Bee Branch School Board approved the use of district funds to renovate the superintendent’s former house into a school-based health center: Hornet Health Care. South Side Bee Branch School District partnered with Boston Mountain Rural Health Center to promote the concept of healthy youth development, reducing faculty/staff and student absenteeism, and to improve the health and well-being of students, faculty, staff and members of the community. This school-based health facility also serves as a resource center for wellness and prevention. All sports physicals, as well as pre-kindergarten and kindergarten physicals, are offered at no charge to students. Hornet Health Care staffs a full-time APN, LPN, receptionist and lab services. There are many communities/ counties in the state that have adopted similar measures to bring health care to areas in need. These are just two examples of innovative ideas being implemented to fill the specific needs in counties. There are grants available. There are groups that want to help — ArCOP, the Extension Service and NACo, to name a few. Gather the leaders in your county, talk about your needs, come up with some ideas, and take action. Contact me anytime. I will do my best to put you in touch with the people who can help you and your county make a difference to your citizens. COUNTY LINES, FALL 2016

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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)

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Carrying on the good work Former Polk County Sheriff Mike Godfrey named director of Sheriffs’ Association. By JENNIFER BARNETT REED For County Lines

s the start of the 2017 legislative session draws closer, new Arkansas Sheriffs’ Association Director Mike Godfrey has his work cut out for him: He’ll be trying to convince lawmakers to invest in crisis intervention services so that people with mental illnesses get the help they need instead of revolving through county jails and local hospitals. It’ll be a tough sell, no question. But Godfrey, formerly the sheriff of Polk County, has plenty of experience in making his case on other issues — both to legislators and directly to the people of his home county. And even though he’s heard “no” before from both groups, he’s determined to keep trying. In a way, adjusting to a “no” answer — from himself — is how Godfrey, 51, wound up in law enforcement to begin with. A native of Bismarck, Godfrey headed to Henderson State University in 1983 with a plan to major in business education and become a teacher. He accomplished the first goal, but a stint as a student teacher made it clear that he would not — actually, did not want to — accomplish the second one. “I knew that teaching was not my gift, not what was in my heart, not what I wanted to do,” Godfrey said. But the summers he’d spent working for Arkansas State Parks had planted a different seed. After graduation, Godfrey completed police academy training and took a full-time job as a park ranger. “That was my introduction to law enforcement,” he said. Over the next few years Godfrey worked at several different parks around the state, landing at Queen Wilhelmina State Park in 1995. The park’s location brought him into frequent contact with Polk County sheriff’s deputies. “Our park was on a state highway, and we had lots of wrecks up there,” he said. “I was usually closer to them, so I would respond 26

to wrecks, and then they would come. That was my introduction to the sheriff’s office.” Eventually, Godfrey started riding along with deputies when they needed an extra hand. He liked what he saw, and in 2000 went to work for the Polk County Sheriff’s Office full time. “They were just such a good agency and so professional,” he said. “I knew that I wanted to go to work for them, and specifically for Sheriff Mike Oglesby. He was just one of those guys that expected the best and got the best out of you and gave you the same.” Even though he’d already been helping out here and there, the transition from park ranger to sheriff’s deputy was eye opening, Godfrey said. “I was probably one of the best-trained officers in the county because the state parks are so big on training, but we were so limited in our contacts with offenders,” Godfrey said. “I really didn’t get to put a lot of that training to use. When I went to work for the sheriff’s office, it was like a whole new world. I got to see what real law enforcement was like.” Oglesby promoted Godfrey to chief deputy in 2007, and when Oglesby left three years later, Godfrey ran for the top job. “I believed that it was just a fantastic sheriff’s office, and I wanted to continue that way,” he said. “I felt I needed to step up and make sure we continued on the path he’d created.” The reality wasn’t quite that straightforward. As sheriff, Godfrey confronted an issue that was familiar to many of his counterparts across the state: A county jail that was chronically overcrowded and didn’t meet state standards. With the state threatening to shut the jail down, Godfrey helped develop a plan for a new, COUNTY LINES, FALL 2016

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larger jail that would meet the county’s needs for at least the next state of Arkansas in mind.” 30 years. A proposal for a 1-cent sales tax increase to fund the As director of the Sheriffs’ Association, Godfrey once again new jail failed at the ballot box in April 2015. finds himself in a position to carry on the good work of the per“That is one of the hardest things that I dealt with as sheriff,” son who came before him. Godfrey said. “When you’ve got a 26-bed jail and you’ve got 30 “I’ll give high praise to Ronnie Baldwin,” Godfrey said. “He people in there, what four are you going to let out? It was hard brought us so far as an association — with training and with the to do the right thing, because people want people locked up but growth of the association. Legislatively he was huge. My priority won’t pass a tax for a new jail. It really fell on me to make those would be to keep the work he’s done going.” decisions,” Godfrey said. For now, that means focusing on the 2017 legislative session Godfrey had more success with other priorities: placing school and the association’s push for crisis intervention training and serresource officers at every school in Polk County, responding to vices. It’s a need Godfrey has experienced firsthand. every call whether it came from within the Mena city limits or “In Polk County, we had characters in town that we knew had from the county, and recovering stolen property. mental health issues,” Godfrey said. “We tried to work around them, He also became active in the Arkansas Sheriffs’ Association, but when they go into a store and scare a bunch of people or do serving as legislative chair during the 2015 legislative session and something against the law, your first instinct is to put them in jail. later as sergeant-at-arms. And when they’re in jail, they’re not getting counseling or taking “It was an eye opener,” Godfrey said of the 2015 session. “I was medications as they should, and it just compounds the problem.” all the way over in Polk Another priority for County, not in Little the sheriffs’ association e’s committed to the sheriffs of Arkansas, and he Rock that much. I knew is working with other my senator and represenhas a high standard of integrity ... He’s got what’s county-elected officials to tatives, but I didn’t know make changes to recordmany of the others. It keeping practices so that best for the state of Arkansas in mind. was a learning curve to more records can be fully get to meet them and digitized and some kinds work with them. Our of records won’t have to — Newton County Sheriff Keith Slape, be kept as long. director then, Ronnie Baldwin, was huge in “There’s cooperation president of Arkansas Sheriffs’ Association making that transition between the sheriff’s asbetter. I came over here sociation, the county and just basically followed his lead.” judges’ association, and the treasurers’ association,” Godfrey said. By early 2016, Godfrey had decided he would not run for a “We don’t just stand alone.” fourth term as Polk County sheriff. He had his 30 years in with Godfrey said he’ll also focus on getting all of the state’s 75 sherthe Arkansas Public Employees Retirement System, and he was iffs to be more involved with the association. ready to move on from the day-to-day grind of hands-on law “One of our main missions is for our association to be a united enforcement. When he found out that the Arkansas Sheriffs’ As- voice,” he said. sociation was looking for a deputy director to help Baldwin, who Godfrey also will be spending a lot of time in the car. He’s was fighting cancer, he applied and was hired. He started in Au- rented an apartment in Little Rock, but spends weekends in gust, just one week before Baldwin passed away. Godfrey was Mena with his wife, Amanda. Their daughter, Ashlyn, recently named as his permanent replacement in October. graduated from Arkansas State University and lives in BentonIt was an easy choice, said Newton County Sheriff Keith Slape, ville, and their son, Justin, is a freshman at the University of Arcurrent president of the sheriffs’ association’s executive board. kansas. Even though the commute is a lengthy one, Godfrey said Slape has known Godfrey since 2010 and said he hopes Godfrey he hopes to be making it for a long time. will run the sheriffs’ association the same way he ran the Polk “I plan on being here as long as they’ll have me,” he said. “At County Sheriff’s Office. some point I will retire and step away, but right now I’m still “He’s committed to the sheriffs of Arkansas, and he has a high young enough and still excited enough about what I do that I feel standard of integrity,” Slape said. “He’s got what’s best for the like I can do a good job.”

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www.arcounties.org COUNTY LINES, FALL 2016

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Association of Arkansas Counties

Legislative Preview 2017

rkansas’ 91st General Assembly will convene in early January, and the hallways of the state Capitol will soon house frenzied legislative activity. As this edition of County Lines was planned, it was decided to request opinion columns from legislative leadership to give readers a preliminary perspective from senate and house leadership. AAC reached out to Senate Pro Tempore Jonathan Dismang, Speaker of the House Jeremy Gillam, Senate

and House Majority Leaders Sen. Jim Hendren and Rep. Matthew Pitsch, and Senate and House Minority Leaders Sen. Keith Ingram and Rep. Michael John Gray. A special thanks goes to these six leaders for making the time to share their unique insight into the ensuing session. Also included in this Legislative Overview are summaries of legislation AAC plans to present during the session, as well as a look at the four ballot issues Arkansas voters approved in November.

The 91st General Assembly

Legislative

Sen. Jonathan Dismang Senate Pro Tempore

embers of the Arkansas Senate will convene on Jan. 9 to tackle many important issues. In some ways, it feels as though we never left. The fiscal session along with two special sessions in the spring of this year has left our members with little time away from the Capitol before heading into a busy regular session. The 91st General Assembly will have no short order to fulfill. Along with approving a balanced budget and steering through the challenging course of a regular session, legislators will be asked to address issues that are new to our State. On Nov. 8, Arkansans voted to strengthen the GOP’s hold on both chambers and approved four new constitutional amendments, which included the legalization of medical marijuana. When Donald Trump is sworn in as the 45th President, and the GOP returns with majorities in both the House and Senate in D.C., our members will be closely following policy issues and preparing for a state specific response. Arkansas’ version of Medicaid expansion or Arkansas Works may or may not closely resemble what Washington approves to replace the Affordable Care Act. If it does not, Arkansas will need time to find their course of action. It has been no secret that Arkansas Republicans have remained divided on the best way to respond to President Obama’s Affordable Care Act. Members are hopeful that the policy of the new administration will help settle political differences at the state level. The creation of enabling legislation for medical marijuana will likely dominate an already complex regular session. The language in voter approved Issue 6 is concise in some areas, but leaves much to be determined in others. Additionally, it gives the legislature and state agencies little time to create the framework for a new industry. The amendment created the Medical See

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Rep. Jeremy Gillam Speaker of the House

he Arkansas House collectively now has more experience in state government than it has in two decades. We have 17 members, including myself, who will be serving their fourth term for the 91st General Assembly. There are also 29 members who will be serving their third term. From my own experience, I know I become a better lawmaker bringing with me lessons I learned in the term before. I fully expect that Arkansans will see the experience this body brings forward will result in legislation with long-term solutions. Our budget sets the tone for everything. Your budget at home reflects your priorities. The budget on the state level is no different. We continue to direct nearly half of every dollar into education. I don’t see the legislature deviating from that. But just how much we have to work with depends a great deal on what takes place in Washington next year. If Congress alters the Affordable Care Act, the impact on our state will be significant. Although it may be a positive change in the long run, it will require us to adjust spending immediately. We now have about 300,000 Arkansans enrolled in the Private Option (Arkansas Works begins January 1). We have debated the funding of this program for four consecutive sessions. It is time to look beyond one year of funding and get to the heart of why 1 in 4 adults in our state makes so little to even qualify. An integral part of the solution lies in tax reform. Tax reform is not necessarily tax cuts. Real reform spurs the entire economy. The non-partisan research group The Tax Foundation has released a report detailing ways Arkansas can move from No. 38 to No. 15 in our business tax climate. One proposal includes rolling back tax credits for corporations and using new revenue to reduce corporate income rates. Every business would benefit, and this would get the state out of the business of picking winners and losers. We do a See

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Leadership

Sen. Jim Hendren Senate Majority Leader

n the past few years Arkansas voters gradually changed the political direction of our state by electing new Republican majorities throughout state government. The shift in our state’s political culture has set the stage for bold legislative action during the 91st General Assembly. The legislature will build on the gains of the past several years and in 2017 Arkansas will see rapid progress in the creation of a new business environment. Two years ago legislators approved more than $100 million in income tax reductions for middle class families, as well as $12 million in reductions in capital gains taxes. The usual skeptics wrung their hands and predicted that the tax cuts would cripple government. They were wrong, however. The state’s economy continues to grow at a steady and healthy pace, while government continues to collect sufficient revenue to pay for essential services. Further income tax cuts will be on the table when legislators convene for the 2017 session. No doubt the professional skeptics will raise their usual complaints about the need to feed a growing government, but we now have two years of data that shows the beneficial effects of tax cuts on the state economy. When it comes to stimulating a business environment that creates jobs, tax relief is only part of the equation. The 91st General Assembly will consider measures to relieve the regulatory burden on small businesses and start-ups. It may sound like a cliché, but it is past time that we brought common sense back to the Arkansas workplace. That starts with health insurance. There will be numerous efforts to amend Arkansas Works, the state’s response to the federal Affordable Health Care Act. With the new majorities in both chambers of the legislature, we can be assured those changes will restrict, rather than extend, government’s reach into private markets. Any changes to Arkansas Works should include greater incenSee

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The 91st General Assembly

Rep. Matthew Pitsch House Majority Leader

s we move into 2017 and the upcoming legislative session, the great state of Arkansas continues to see amazing results under the dedicated leadership of Governor Asa Hutchinson. Without mentioning every initiative Arkansas has focused on, several efforts have served to change the direction of our state; a $100 million tax cut promised and delivered to the citizens, innovative methods in education both in workforce training and high school coding curriculum (making us a leader among states), and finally an ongoing effort at keeping unemployment at the lowest possible level. With a background as an engineer, I feel we should be measured by the results realized by the people of Arkansas. • The state’s unemployment rate (3.9 percent) is at an all-time low. Collectively, Arkansas has added 30,000 jobs since Governor Hutchinson took office just two short years ago. • Media outlets across the country have recognized Arkansas for its coding initiative being implemented in high schools. Amazingly, there are 1,700 computing jobs in Arkansas unfilled and less than 300 Arkansans graduate with degrees in computer science each year. We hope students take advantage of the new opportunities before them. • Most exciting, the Arkansas Economic Development Commission has announced new companies arriving and existing company’s job expansions. A key effort has been Governor Hutchinson’s focus on strengthening relationships across the globe and putting Arkansas squarely in the center of discussions with key economic development decision makers. See

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The 91st General Assembly DISMANG, continued from Page 30

Marijuana Commission which will meet to create guidelines to regulate production of the plant, sale and access to those with qualifying conditions. Substantial state revenues created from the sale of marijuana would not be realized immediately, while administrative costs to the state are front loaded. Ultimately, a strategy must be created that ensures public safety, while respecting the will of the majority vote. The governor presented his balanced budget recommendations to the legislature in early November. One hundred million dollars in income tax reductions for the middle class was approved in 2015 and phased into fiscal year 2017. He has asked the legislature to consider another $50 million over the next biennium. The state’s economy has made steady strides under Gov. Hutchinson’s leadership, and unemployment is at record lows. We will continue to move the needle in favor of tax cuts and tools used for economic development while keeping a watchful eye on revenues to support vital services. When Cindy Gillespie was hired as the new director of the Depart-

ment of Human Services, one of the many tasks she was given was to fix a foster care system in crisis. Putting that organization on the right path will be neither easy nor will it come without significant costs to the state. Effective and efficient processes will be key in creating long-term savings. The Senate Education Committee recently completed its adequacy report, which creates the formula for which K-12 public schools are funded over the next two years. Additionally, legislators will be given the chance to look at funding for our public universities and colleges. Governor Hutchinson has requested a formula that will reward outcomes rather than enrollment, and proposed an additional $10 million in FY2019. The details of that plan and how they affect individual institutions are yet to be determined. Overall, the outlook of the 91st General Assembly is cautiously optimistic. Making predictions on outcomes is somewhat like picking college football games. It always seems difficult to determine what will happen until the game begins.

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disservice to Arkansans focusing on just tax cuts that benefit a segment of our population. Let’s find the courage to research and pass reform. Another important element to our economy is broadband. Not long ago we were all making decisions on where to live based on school districts, upkeep of the neighborhood or the commute to work. Now people are making decisions on where to live based on the availability of broadband. The unfortunate part for our state is that nearly 60 percent of Arkansans do not have access to high-speed broadband. We have had a group of legislators studying the best way to provide this necessity. You will see legislation introduced as a result. I’m looking forward to more interaction with our county and city leaders this year, as I will be serving on the committee for City, County, and Local Affairs. This session, I will also be serving on the Judiciary Committee. I expect we will hear vigorous debate on judicial appointments and tort reform. Recommendations from the Criminal

Justice Reform Task Force will also be brought to our committee. This will be an area where we will rely heavily on input from our county sheriffs and judges. When it comes to education, Arkansas will be hearing a great deal of discussion on the benefits of professional learning communities. Professional learning communities within a school asks four essential questions. What do we want students to know? How will we know when they know it? What do we do when they don’t know it? And what do we do when they do know it? These simple questions are designed to build a collaborative culture for each school. I’m very humbled that the Arkansas General Assembly elected me to serve in select company. Only four other individuals before me have had the opportunity to serve two terms as Speaker of the Arkansas House. I take this honor very seriously. I will take the lessons I’ve learned from mistakes and those from successes to ensure this opportunity is not squandered.

By the numbers

Senate

House

Republicans: 26 Democrats: 9

Republicans: 75 Democrats: 25 COUNTY LINES, FALL 2016

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tives for private businesses to provide health coverage for their employees. An effective strategy for containing the spread of government-funded health programs is to allow the private sector to compete fairly in the health insurance market place. Voters have sent a clear message: they believe that the private sector can do the job better. That message will be reflected in legislation approved by the 91st General Assembly. Education policy is another piece of the foundation of a prosperous business environment. In Arkansas this means breaking the grip of the tired old education establishment that has shown so much reluctance to change. Again, voters clearly expressed their desire for change. Legislators will reflect that desire for change by repealing restrictions that hinder the growth of charter schools and by making school choice for parents a practical option. Change will come to institutions of higher education, whose funding will be based not so much on enrollment but on results. If colleges and universities want to maintain their fund-

ing levels, they will have to provide graduates with degrees and certificates that translate into jobs. Our duty as legislators is to create an economic environment that fosters job growth here in Arkansas, so that those graduates have a reason to stay home and use their degrees here in the state. Voters approved Issue 3 to expand the state’s authority to issue bonds for economic “superprojects.” It is now up to legislators to create a business environment that attracts industry to Arkansas, so that we can employ the advantages that Issue Three affords us. For decades Arkansas government was controlled by political interests who resisted innovation and who dug in their heels against change, because change threatened their positions of privilege. Now, state government is controlled by people who had to work to get where they are, and who because of their struggles to succeed are not afraid of change. Arkansas has changed course and is embracing innovation. It promises to be an exciting and rewarding legislative session.

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The 91st General Assembly will face some very difficult decisions, as legislators consider tough issues in which they try to continue to “do the right thing.” Issues I anticipate being dealt with in January’s session include education, healthcare, tax rates/cuts, and a permanent solution to highway funding. On education alone in Arkansas, roughly half of every dollar generated in the state goes to K-12 education. Currently we provide $6,646 per student. For every $2 more per student, the total state budget increases by $1 million. There is currently a debate ongoing concerning the amount that needs to be increased for special education and you will likely hear more about efforts to increase funding to pre-K in the next session as well. The governor has also indicated he would like to see $50 million more in income tax deductions. As a legislator, we need to be sensitive to recent revenue reports that show a decline in revenue from what previous estimates have predicted. We

will continue to watch that data closely and act accordingly. One should also note that this list does not include other items for review, such as Second Amendment (gun rights), Seventh Amendment (tort reform), and various other social issues that will in all likelihood be brought before the assembly for consideration. Legislative leadership has been working diligently over the past several months to build a framework to ensure we operate on the taxpayer dollar efficiently. It is important to us that no matter what issues come before the 91st General Assembly, we will be civil and make Arkansans proud. Helping to cultivate and energize ideas and policies throughout the state is crucial to moving forward. We must seize every opportunity to advocate for and support a state government who creates an environment for positive job growth, who controls spending, and who strives to make government more effective at every level.

By the numbers Senators

Representatives

Those serving fifth term: 3 Those serving fourth term: 9

Those serving fourth term: 17 Those serving third term: 29

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The 91st General Assembly

Legislative

Sen. Keith Ingram Senate Minority Leader

rkansas has already transitioned from an old South economy that relied almost totally on agriculture to a new South economy that includes manufacturing and services. Now, Arkansas is moving into what I call the “next South,” where emerging technologies are developed and where political boundaries no longer define the limits of our potential. This trend is exemplified by encouraging changes in the attitudes of my legislative colleagues since I took the oath of office in 2009. For example, we no longer approach education policy from old perspectives, which could be summarized as writing rules to prevent schools from failing. Now, Arkansas is among national leaders in teaching computer coding. By next year all of our classrooms will have access to high speed Internet with capability to transport data that is well above national standards. You can spot the new trends at almost any awards ceremony, where students are recognized for building robots or writing computer programs, working together in classrooms without walls under the tutelage of mentors who not only teach but also work in the research lab of a local industry. Those kids often live in rural communities and they talk knowledgeably about events taking place all over the world. It’s encouraging that Arkansas legislators genuinely appreciate the fact that education is an economic development issue. They understand that if you want to create jobs you have to improve educational opportunities, from pre-K to graduate research programs. The direct connection between education and jobs is nowhere more evident than in our two-year colleges, adult education and workforce training programs. In 2015 the legislature enacted a package of bills that dramatically overhauled our workforce training system. Community business leaders, who know which job skills are most in demand, have a vote in 34

what is being taught in vo-tech and technical training classes. Colleges and schools compete for funding through a grant process. The theory is simple: programs that place people in jobs get funded. More than 16,000 Arkansans earn a degree or short-term training certificate from our two-year colleges every year, which means that over the course of their careers they will earn $400,000 more than people with high school diplomas. I’m working to instill this new attitude toward transportation. It’s time for a renewed commitment to stable, long-term funding of highways, bridges, ports and intermodal facilities. We’ve been relying on borrowing and bond issues, resulting in a piecemeal approach to highway construction. Thanks to communications technology and new attitudes, Arkansas schools and businesses view Europe, Asia and South America as their new “neighbors.” It’s time to follow suit on transportation issues. Our outlook must extend beyond the state line; we’re connected to the rest of the world and we can ship our products anywhere by truck, train, barge or tanker. When it comes to commerce, Arkansas is not only near the geographic center of the United States. We’re at the center of the world. I’m starting to see a new attitude of responsibility and leadership among elected officials at the municipal, county and state level. A good example is the issue of tax cuts. More of my colleagues are realizing that massive income tax cuts have an impact on education, law enforcement and vital services. They’re beginning to realize the threat to stability that is created when sales taxes are the foundation of the budget. If there is an economic downturn, and there will be, the effect on state revenue is exaggerated. Until the economy rights itself, budgeting can be extremely volatile. See

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Leadership

The 91st General Assembly

Rep. Michael John Gray House Minority Leader

s we approach the start of the 91st General Assembly there is no shortage of topics up for discussion. Whether it be medical marijuana, education or tax cuts that lead the conversation; an issue’s impact on the budget will play a significant role. The governor has indicated that there is room in the budget for tax cuts, so the question becomes how to balance these cuts with other impending priorities. While there will be many issues competing for priority, education, broadband access and highway funding will be among those most discussed. Education It is impossible to want the best for our next generation without ensuring that all children have the opportunity to receive a quality education. It is critical these educational opportunities start early to ensure we offer a strong start to even our youngest learners. The perfect way to do this is to make sure pre-K is available to every child. Study after study has demonstrated a link between pre-K and improved social, emotional and academic outcomes for students. Children who have access to quality, affordable pre-K programs have a better chance of graduating from high school and going on to attend college. In addition, pre-K allows parents to return to the workforce with the knowledge that their children are in a nurturing and learning-rich environment. Certainly, pre-K is a better investment than spending exponentially more dollars on juvenile or adult incarceration. Across Arkansas, local chambers of commerce have become so convinced of the positive link between pre-K and workforce development that many have adopted pre-K as one of their top priorities. Even economic impact studies show that for every dollar we invest in pre-K, we get $7 in return. COUNTY LINES, FALL 2016

Emphasis on Infrastructure Safety of the roads and bridges throughout the state is not a headline topic until it’s time to find the money to pay for the upkeep. As counties in every part of the state deal with budget constraints, legislators will be faced with finding solutions to highway funding that do not create even more burdens at the city and county levels. While much of the conversation is usually about new construction, there are many people who would just like to see safer shoulders and rural highways that do not look like patchwork quilts. Longterm solutions that focus not only on new construction, but also on needed maintenance and dedicated ways to pay for it must be a focus. Increased Access to Internet Service Just as access to electricity and water is vital to our lives and the lives of our children, the ability to use the Internet is rapidly joining them as a must-have. It is no longer a luxury like cable television. Our schools are utilizing technology to improve the opportunities for our children, but when school is out, access to the Internet is over for many of them. Just as the leaders in the 1940s convinced the government that electricity to rural Arkansas was a matter of life and death, today we must remind them that affordable access to the quality Internet service must have the same importance or our children will not be able to compete and our communities will not survive. The 91st will be all about priorities, with our No. 1 priority being reasonable and responsible legislators who are working to make life in Arkansas better for everyone. These issues may not necessarily be the ones that get the most discussion at the coffee shop, but hopefully they’ll make a difference at your kitchen table. 35

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A fair tax system that is balanced on sales, income and property taxes will provide the long-term stability that business leaders value when making decisions about whether to locate or expand in Arkansas. Government has a role in securing our prosperity, from educating our young people to protecting our most vulnerable, and from maintaining infrastructure to promoting the latest scientific research. In order for our elected leaders to properly balance the competing interests of all the various sectors of our economy, it’s essential that our political system be transparent and fair. That means the legislature needs to respond to several emerging

trends that threaten to distort the political process, such as the alarming growth in the amount of “dark money” contributions to candidates for office and to the judiciary. Unless we bring our campaign finance laws up to date, we run the risk of losing control of our electoral and legislative processes to a privileged few special interests who go to great lengths to hide their identities. If they choose to influence the process, as is their right, it is reasonable to require them to do so publicly. All in all, the future of Arkansas is encouraging. Thirty years ago we began making a series of investments in public education and we’re seeing the benefits. What’s exciting is that many more benefits are right around the corner.

2017 Regular Session Important Dates and Deadlines Jan. 9, 2017 — Regular session convenes at noon Jan. 23, 2017 — Deadline to file retirement legislation and certain health care legislation Feb. 8, 2017 — Deadline to file constitutional amendments Feb. 27, 2017 — Deadline to file appropriation bills March 6, 2017 — Final deadline to file any legislation

Committee Schedules Monday • Joint Public Retirement & Social Security Programs “B” Committees • House State Agencies & Governmental Affairs

Wednesday, Friday “A” Committees • Senate Public Health, Welfare & Labor • Senate Revenue & Taxation • Senate Education • Senate Judiciary “B” Committees • House Aging, Children and Youth, Legislative and Military Affairs • House Agriculture, Forestry & Economic Development • House City, County & Local Affairs • House Insurance and Commerce • House State Agencies & Governmental Affairs

Tuesday, Thursday “A” Committees • House Education • House Judiciary • House Public Health, Welfare & Labor • House Public Transportation • House Revenue & Taxation “B” Committees • Senate Agriculture, Forestry & Economic Development • Senate Insurance & Commerce • Senate City, County & Local • Senate State Agencies & Governmental Affairs • Joint Budget Committee

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The AAC Legislative Package Association offers overview of the issues it plans to present to state legislature.

ur member associations and your liaisons at the Association of Arkansas Counties (AAC) have been hard at work crafting proposed legislation for the 91st General Assembly. As you are aware, the session begins in January 2017, and bills are already being prefiled. Our legislative package of bills has proceeded through two committees of your peers — both the AAC legislative committee and the AAC board of directors under the skilled hand and experienced leadership of AAC Legislative Chair Debbie Wise. Both committees have approved the following bills for inclusion in our legislative package, and we are ready to transition from the work of assimilating bills to the efforts of pursuing passage by the legislature and ultimately signature from the governor. The county legislative package has historically been approved almost in full without many questions. This is because all of you have had a voice in what issues concern your respective offices and because counties generally look for pragmatic solutions that make sense. Countless hours and days have gone into turning conceptual ideas into actual legislative drafts, and this past year has been an incredible exercise for your respected association leadership. I want to thank you for all the hard work you’ve put into improving county government. We encourage you to be a part of the process as we work with the 91st General Assembly to educate the legislature on our ideas to make our level of government even more effective. Our legislative bills are summarized as follows::

General

Continuing education boards (Amendments of ACA § 14-15-811 and § 14-15-1001) The treasurers and county collectors will pursue a change to their respective continuing education board membership as they propose going from the current six members to a board of 10 members. Record retention (Amendments to various code sections proposed by multiple member associations) Several member associations submitted drafts concerning record-retention modernization and clarifications and these legislative changes have been included in one record-retention bill. This cumulative proposal further defines electronic and/or photographic versions of records and established in code the custodian’s ability to reproduce a durable medium for the original. It also describes a retention conversion-and-review schedule to be performed at least one time every four years to prevent the physical loss of data. The record retention bill also addresses juvenile records, dispatch reports and unused ballots. This piece of legislation also sets a default record retention schedule of three years after an audit by the Arkansas Legislative Audit or a private auditor for documents not explicitly stated in the statute.

bly, governor and citizens on the dire need in Arkansas for four major complex and challenging areas of emphasis: behavioral health and crisis intervention diversion; prison and jail overcrowding; road and bridge funding; and 911 funding and efficiencies. Not all of the actual legislative drafting efforts in these areas are yet defined. • • • • • • •

The Arkansas Sheriffs’ Association, CJAA and the Arkansas Association of Quorum Courts all have adopted resolutions supporting funding for crisis intervention training and regional crisis stabilization units. Prison/jail overcrowding The CJAA voted to engage and partner with state leadership and the governor to address a growing prison population that generally overflows into county jails hindering local law enforcement’s ability to utilize the jail as it was intended. The CJAA will further detail its recommendations and garner support for measures where deemed appropriate and warranted. Road and bridge funding The CJAA general membership also identified the following points concerning road and bridge funding that may warrant legislation: • • •

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County Judges

The County Judges Association of Arkansas (CJAA) voted to continue to pursue, support and educate the general assemCOUNTY LINES, FALL 2016

Behavioral health and crisis intervention diversion Crisis Intervention Training (CIT) in Arkansas; Crisis Services in Arkansas; Diversion of the mentally ill to treatment and away from being warehoused in county jails as default mental health facilities; Appropriate level of in-jail services and telemedicine for behavioral health treatment of detainees in our jails in Arkansas; The state and DHS to make necessary policy and budgetary changes to assure these vital services; Local communities, local governments and stakeholders to combine resources and investments to support these vital resources; and State and local funding, revenues and court costs or fees to support diversion of the mentally ill.

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The need for new/additional revenues for state and local bridges (new revenue, taxes or user fees; motor fuels taxes; or responsible general revenue transfers, etc.); The annual county bridge and maintenance needs statewide in excess of $750 million; The need to maintain the traditional revenue sharing under the 70-15-15 split (which has been supported by law since 1965 and recently in 2012 by the people under Amendment 91 of the Arkansas Constitution); The need to maintain local control (which has been supported by the people under the Arkansas Constitution since 1874, Article 7, § 28; Amendment 55-County Government; Amendment 61-County Road Tax); and The CJAA voted to reiterate their support for the interim 37

plan of the governor and general assembly regarding their discretion to use rainy day funds, surpluses and/or general improvement funds toward state highways for purposes to match $200 million in federal highway funds. 911 funding and efficiencies The CJAA voted for the CJAA Executive Board to take the recommendations of the 911 Blue Ribbon Committee, the subcommittee and 911 coordinators and pursue along with other stakeholders additional legislation necessary for 911 funding and efficiencies. The county judges also submitted two draft proposals focused on various unrelated specific items. Landlocked clarifications bill (Amendment to various code sections) This is an amendment to the law concerning procedures for access to certain real property. This proposal is to substitute the process and selection of three viewers with a surveyor (either the county surveyor or court-appointed surveyor). The proposal also includes a provision that the county court may in its discretion appoint a viewer to assist the court in determining damages and valuation of the subject property and the sum of just compensation. The bill also makes more explicit the duty of the petition or petitioner to demonstrate the status as landlocked. Ethics — Property and commodities from county government officers and employees (Amendment of ACA § 14-14-1202) This provision adds “commodities and real property” to the current guiding statute concerning purchases by a county from county government officers and employees due to unusual circumstances via local ordinance.

County Clerks

The county clerks have proposed three bills with the potential for a fourth in response to an attorney general’s opinion. Running for multiple offices (Amendment of § 7-5-111) The clerks’ first bill adds “district” and “township” office to ACA § 7-5-111; Candidacy for more than one elected office. Currently, a person shall not run for election for more than one state, county or municipal office if the elections are to be held on the same day. The clerks propose township and district offices to be included in this provision. Candidates who run for more than one office creates vacancies and costs taxpayers time and money in filling those vacancies. L&A Testing for runoff elections (Amendment of § ACA 7-5-611) County clerks seek to adjust logic and accuracy testing deadlines for runoff elections only. They must perform these public tests seven days prior to an election. This provision would allow a five-day prior to a runoff election deadline for this testing. Runoff election timing presents a quick turnaround period for preelection procedures. This bill would simply allow two more days to perform these tests before runoff elections only. 38

Elections in cities of the second class and vote centers (Amendment of ACA § 14-44-103) The third county clerk association bill is aimed to clean up ACA § 14-44-103, which states cities of the second class shall have a voting precinct in each ward. It would be detrimental and conflicting for counties that have established vote centers to have to open precincts in every ward in a city of the second class. Secrecy of the ballot (Potential amendment of ACA § 7-5-701) The fourth potential bill for county clerks concerns precinct reporting and conflicts with the Arkansas Constitution Amendment 50, Article 2 that states all elections by the people should ensure the secrecy of individual votes. In certain circumstances, reporting election results by precinct pursuant to ACA § 7-5-701, could disclose individual votes in small precincts, especially when very few absentee ballots are cast in said precinct. Rep. Lanny Fite has requested an attorney general’s opinion on the matter. Clerks hope to identify language that would allow precinct reporting to be rolled into the next precinct when this situation occurs to protect the secrecy of individual votes.

Circuit Clerks

Juror Orientation Reimbursement (Amendment of ACA § 16-34-106) This provision clarifies as long as funds are available the state shall reimburse a county for the cost of a one-day prospective juror orientation for any juror who is eligible for payment under ACA § 16-34-103(b)(2)… if the county makes a request.

County Sheriffs

Transportation of state inmates (Amendment of ACA § 12-27-113(d) and/or ACA § 16-93-705) Several sheriffs have concerns that they continue to have to take community corrections inmates all over the state (and not to the nearest facility pursuant to Act 1171 of 2015; ACA § 16-93705 or ACA § 12-27-113(d)). Amendment of ACA § 16-93-705 regarding transport of community corrections inmates might be warranted. Likewise, amendment of ACA § 12-27-113(d) may be necessary to the extent inmates of community corrections are included in this section. The Arkansas Sheriffs’ Association voted to continue to pursue and partner with leadership and citizens on the dire need in Arkansas to address two major complex and challenging areas of emphasis: Behavioral health and crisis intervention diversion; and prison and jail overcrowding. Actual legislative drafting efforts in these areas are not yet defined. Behavioral health and crisis intervention diversion (See county judges’ association areas of emphasis.) Prison/jail overcrowding (See county judges’ association areas of emphasis.) COUNTY LINES, FALL 2016

Collectors

Technical corrections (Amendment of ACA § 26-37-302(b)) There are still a few places in the code where it mentions Oct. 10 as the deadline for taxes instead of the Oct. 15. For example, ACA § 26-37-302(b) is proposed to read as follows: “The penalties and interest shall accrue beginning on October 16 in the year of delinquency.” Mobile home registration (Amendment of ACA § 27-14-1602(a)) Collecting mobile home taxes can be a challenge. This proposed bill removes the permissive language from ACA § 27-141602 and mandates any owner of a mobile home to register it with the Office of Motor Vehicles. Require current personal taxes to be paid at the time of the sale of real estate (Amendment of ACA § 26-35-601(c)) As the code reads now; any person, firm, partnership, or corporation selling real estate is required to pay any delinquent personal property taxes at the time of the transaction. This bill would amend ACA § 26-35-601 and also require the seller to pay the current personal taxes that would normally be due Oct. 15.

Treasurers

Facsimile signatures and digitized signatures (Amendment of ACA § 21-10-101, 102 and § 14-24-204) This proposed bill further defines and would allow treasurers to utilize facsimile and/or computer-produced digitized signatures when the treasurer has established adequate internal administrative procedures and controls approved by Arkansas Legislative Audit Committee. This provision more clearly defines “facsimile signature” meaning the manual signature of an authorized officer by saving electronically. Commission exceptions (Amendment of ACA § 21-6-302) This proposed bill aims to clarify that all exceptions to the county treasurer commission rule shall be set forth in this statute to be valid exceptions. It also states moneys deposited in the county treasurer’s automation fund may accumulate and are not subject to the distribution of excess commission. Additional items the treasurer handles that are added to the exceptions in this provision include: money collected from risk management services, federal or state grants and any funds the county treasurer is not statutorily or by ordinance authorized to handle. It also clarifies that all annual commissions not used for the operation of the county treasurer’s office except those commissions set aside in the county treasurer’s automation fund (up to 10 percent of the gross commission collected annually), shall be prorated to the appropriate entities as excess commission. County fiscal year and accounting method (Amendment of ACA § 14-71-101) This bill states counties shall use a modified accrual basis of accounting for audit purposes. A modified accrual basis of accounting is a system that recognizes revenues when they become available and measurable and recognizes expenditures when liabilities

are incurred. Both revenues and expenditures will be accruable to the county fiscal year incurred by a county on or before year-end. Those that are not issued an accounts payable claim until the next year shall be posted to the prior-year appropriations journal when paid within the first two months of the new fiscal year. Returns, school district coordinator clean up (Amendment of ACA § 26-36-209 and § 6-12-316) This amendment strikes language addressing tax delinquent penalties in regards to counties with a functioning executive council and a full-time school district coordinator. Formerly, these moneys were split to county general and the county common school fund. Arkansas code allowing for the establishment of an executive council and school district coordinator was repealed by Act 1276 of 2015, and county school district coordinators no longer exist. Section 2 of this proposed bill also repeals the perimeters for the salary and operation of the office of school district coordinator.

Assessors

Definition of homestead (Amendment of ACA § 26-26-1122(a)(1)(B)) This proposed bill adds the below underlined language to the definition of a “homestead.” Homestead shall also include a dwelling owned by a revocable or irrevocable trust used as the principal place of residence of a person who formed the trust. This bill would simply add a property owned by an irrevocable trust as well. This was not clear before. Qualifications and duties of county equalization boards (Amendment of ACA § 26- 27-302, 317) This bill adds clarifying language that county equalization board members shall be qualified electors of the county and individuals who have owned real property in that county for at least one year. This bill also clarifies that EQ Boards should not have the authority to hear petitions protesting a tax-exempt status, and that such cases should go directly to the county court that has exclusive original jurisdiction over all county tax matters. It also includes that the county equalization board shall not have jurisdiction over the adjustment of the valuation of agricultural land, pastureland, or timberland derived by the guidelines and methods set forth by the Assessment Coordination Department pursuant to ACA § 26-26-407. Defining “assessed value” (Amendment of ACA § 26-26-1122(a)(1)) This bill simply further defines “assessed value.” It aims to clarify the somewhat ambiguous term “assessed value” to clarify that for Arkansas Constitution Amendment 79 and all related statutory purposes, “assessed value” means 20 percent of the appraised value of the real property. Equally and uniformly assess all personal property consigned to a merchant (Amendment of ACA § 26-26-1203(a)) This proposal puts all consignors on an equal playing field. Whether the property they consign is from in state or out of state, if a consignor possesses personal property with the authority to sell it, then they should assess the personal property as part of their business. Out-of-state property has heretofore been excluded in this valuation.

Ensuring the proper collection and disbursement of late assessment fees (Amendment of ACA § 26-26-201(d)) The law currently reads that the county assessor should utilize the 50-cent late assessment fee. In some counties, there is a fund set up for this money, but in many, it goes into county general and sometimes never makes its way back to the assessor’s office for its lawful purpose. This provision would mandate that the county set up an assessor’s late assessment fee fund to ensure that the money is being used for its lawful purpose. Only one homestead credit per year (Amendment of ACA § 26-26-1118(b)(4)) ACA § 26-26-1118 currently reads that it would be possible for a homeowner to, in February, claim a homestead on his or her home, sell it, buy a new house, and then claim the homestead on the new house as well. However, ACA § 26-26-1119 follows by saying, “No property owner shall claim more than one homestead property tax credit for each year.” Adding this language to the end of ACA § 26-26-1118 will clarify that even under the previous circumstances, where two homestead credits may be eligible, a property owner can only claim one per year. Actual and obvious error (Amendment of ACA § 26-28-111(c)) This provision stems from a case in which the court made a questionable ruling that it was an actual and obvious error for the assessor to not exempt a property owner for three years when they never applied for an exemption and voluntarily paid the taxes those years. This bill amends the law to state that when a property owner does not apply for a tax exemption for a particular year, it will not be an actual and obvious error worthy of a refund for the assessor to not exempt the taxes, even if it is later determined that the property would have been properly exempt had the owner applied for an exemption.

Coroners

County coroner certification and salary bill (Amendment of ACA § 14-14-1212 and § 14-14-1210) This bill authorizes a quorum court to fix by ordinance the annual salary of a certified coroner with the schedule of maximum salary provided under ACA § 14-14-1210(d). It states certifications of satisfactory participation and completion of medicolegal death investigation training for this statute to be provided from the Arkansas Commission on Law Enforcement Standards and Training or the American Board of Medicolegal Death Investigation.

Justices of the Peace

Concerning injuries to domesticated animals by dogs (Amendment of ACA § 20-19-102) This bill removes justices of the peace from the role of judge in a dispute when Neighbor A’s dog injures or kills Neighbor B’s livestock and places such disputes in the proper jurisdiction in order to comply with Amendment 80 of the Arkansas Constitution. Right of mechanics and artisans to sell property held for debt (Amendments of ACA § 18-45-101 & § 18-45-205) This is a post-Amendment 55 clean up bill. The mechanics and artisans code sections were overlooked after Amendment 55 was passed, and justices of the peace still probably have unconstitutional judicial roles in the filing and processing of these liens. This bill would put this duty with the circuit courts where it belongs and in line with modern jurisdictions. Control burns (Amendment of ACA § 14-16-117) This amendment streamlines the application process for controlled burns in unincorporated areas of the county. Property owners will now apply to the county judge not the quorum court. The county judge and the fire department will ultimately approve or disapprove controlled burns in these areas.

The AAC policy team

Debbie Wise, Chair, Legislative Committee

Chris Villines, Executive Director

Eddie Jones, Consultant 40

Mark Whitmore, Chief Legal Counsel

Wes Fowler, Consultant

Scott Perkins, Communications Director

Josh Curtis, Governmental Affairs Director

Lindsey Bailey, Legal Counsel

Christy L. Smith, Communications Coordinator COUNTY LINES, FALL 2016

Arkansas voters approve all 4 ballot measures

lection officials expected a record voter turnout in Arkansas on Nov. 8. However, of the 1,759,974 registered voters in the state, 64.65 percent cast ballots. That’s on par with turnout during past presidential elections. According to state records, the state saw a 66.65 percent turnout in 2012; 64.52 percent in 2008; and 62.62 percent in 2004. According to a Nov. 29, 2016, Arkansas Democrat-Gazette article Arkansas’ largest turnout in a presidential election year was 72.13 percent in 1992, when then-Arkansas Gov. Bill Clinton was first elected president. More than half of the 1.1 million ballots cast this year, were cast during the early voting period, according to Arkansas Secretary of State Mark Martin’s office. In addition to electing a new president, Arkansas voters had four statewide issues to decide on this year’s ballot. Three of the four were referred to voters by the state legislature. Issue 1 was a proposed constitutional amendment concerning the terms, election and eligibility of elected officials; Issue 2 was a constitutional amendment to allow the governor to retain his or her powers and duties when absent from the state; and Issue 3 was a constitutional amendment concerning job creation, job expansion and economic development. Issue 6, known as the Arkansas Medical Marijuana Amendment of 2016, was placed on the ballot after a citizen group gathered signatures from more than 84,859 registered voters from at least 15 counties across the state, according to the University of Arkansas Cooperative Extension Services’ Public Policy Center. Three other issues were struck from the ballot by the Arkansas Supreme Court for having misleading ballot titles or signature deficiencies. The following summaries provide additional information about the issues voters passed. Issue 1 State legislators referred An Amendment to the Arkansas Constitution Concerning the Terms, Election and Eligibility of Elected Officials to voters, The amendment allows certain countyelected officials to serve four-year terms rather than the current two-year terms; prevents certain county-elected officials from also holding a civil office; allows unopposed candidates to be elected without their name appearing on the ballot; and defines what “infamous crime” means in regards to who cannot hold an elected position. County officials elected in 2016 will serve a two-year term. Those elected in 2018 will begin serving four-year terms. Issue 1 passed with 70.22 percent of the vote. Issue 2 State legislators also referred A Constitutional Amendment to Allow the Governor to Retain His or Her Powers and Duties When Absent from the State to this year’s ballot. Modern technology allows the governor to remain connected to the state and do business when he travels. Therefore, the phrase “absence from the state” will be deleted from Amendment 6 to the Arkansas Constitution, and the governor will remain in charge when he or she leaves the state. This measure passed with 72.42 percent of the vote. Issue 3 Legislators also referred Issue 3 — An Amendment to the Arkansas Constitution Concerning Job Creation, Job Expansion, and Economic Development — to the ballot. The issue passed with 65.34 percent of the vote. As a result, several changes will COUNTY LINES, FALL 2016

be made to the state Constitution: remove the limitation on the amount of general obligation bonds the state may issue to pay for economic development projects; allow a county, city, town or other municipality to obtain or provide money for other entities to support economic development projects or services; clarity the authority of counties and municipalities to issue bonds for economic development projects instead of industrial development purposes; allow legislators to authorize the use of other taxes beyond special taxes to pay off municipal- and county-bond debt; remove a requirement that municipal and county bonds may be sold at public sale; and allows cities, towns, school districts and counties to form compacts for economic development projects. Issue 6 Voters approved The Arkansas Medical Marijuana Amendment of 2016 by a 53.11 percent to 46.89 percent margin. Several changes will be made to the state Constitution to ensure: • Legalize regulated medical use of marijuana under Arkansas law, though it remains illegal under federal law; • Establish a system for growing, acquiring and distributing marijuana for medical purposes; • Identify medical conditions that qualify a person to use medical marijuana; • Protect qualified patients, caregivers, growers, providers and doctors from arrest, prosecution, penalty or discrimination under Arkansas law, but not federal law; • Direct the state Department of Health to establish rules related to medical access of marijuana and the Alcoholic Beveral Control Commission to establish rules related to growing and selling marijuana for medical purposes; • Establish the Medical Marijuana Commission to administer and regulate the licensing of cultivation and dispensaries; • Allow cities and counties to enact zoning regulations regarding where dispensaries and cultivation facilities may locate; • Allow cities and counties to prohibit dispensaries and cultivation facilities only if approved by voters in a local election; • Apply state and local taxes to the sale of medical marijuana and require that state tax revenues be used to offset the state’s cost of administering the law and be distributed to various state workforce and education programs; • Prohibit anyone other than a licensed dispensary or cultivation facility from growing marijuana for medical purposes; • Permit legislators to change some sections of the amendment — not the sections legalizing medical use of marijuana and the number of dispensaries and cultivation facilities — with a 2/3 vote. Issue 6 had several deadlines for action attached to it. For example, the Medical Marijuana Commission must be appointed within 30 days of the amendment going into effect (Nov. 8). The commission must begin accepting applications for dispensaries and cultivation facilities by June 1, 2017. The Department of Health has 120 days to adopt rules for considering applications for registry identification cards for qualified users. And state legislators, who will convene in regular session on Jan. 9, 2017, have until Feb. 8, 2017, to file bills proposing constitutional amendments for the 2018 ballot. — Information on these issues was provided in The 2016 Voter Guide published by the University of Arkansas Cooperative Extension Services’ Public Policy Center. 41

AAC hosts reception for the 91st General Assembly With the biennial regular session on the horizon, the Association of Arkansas Counties held a legislative reception honoring members of the 91st General Assembly on Nov. 9. County elected officials, state agency directors and AAC policy staff took the opportunity to mingle with state Capitol staffers, to renew acquaintances and to meet newly elected legislators. The reception, which included hor d’oeuvres and music by a string quartet, coincided with orientation activities for newly elected legislators at the state Capitol. The 91st General Assembly will officially convene Jan. 10, 2017. Top Left: Garland County Treasurer Tim Stockdale speaks with state Rep. David Fielding, who served 20 years as a Columbia County justice of the peace. His District 5 includes parts of Columbia, Ouachita and Nevada counties. Top Right: AAC Legal Counsel Lindsey Bailey and state Rep. Lanny Fite stop to pose for a photograph. Middle Left: Assessment Coordination Department Director Bear Chaney, the former Benton County assessor; Stone County Assessor Heather Stevens, the incoming president of the Arkansas County Assessor’s Association; and state Rep. Dan Douglas, whose District 91 includes a portion of Benton County, visit during the reception. Below Left: Among the county officials who attended were Crawford County Circuit Clerk Sharon Blount-Baker; Randolph County Circuit Clerk Debbie Wise, who is an AAC board member as well as the AAC Legislative Committee chair; and Greene County Treasurer Debbie Cross, who also is a member of the AAC board of directors. 42

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AAC’s Villines named to National Council of County Association Executives board

hris Villines, executive director of the Association of Arkansas Counties, recently was named third vice-president of the National Council of County Association Executives (NCCAE) board. NCCAE is an official affiliate of the National Association of Counties (NACo). As third vice-president, Villines will assume the role of president in 2019. “It’s an honor to serve the NCCAE in a position of leadership,” said Villines. “County association executives are by far one of the most hardworking and welcoming group of people I’ve ever engaged, and we provide constant help to one another to seek out new and better ways to make our state associations more effective. It will be my privilege to serve my fellow executive directors in this capacity and I look forward to sharing with them the good things we are doing here in Arkansas.” According to Jamie Richards, liaison to the NACo executive committee and board, NCCAE provides a vehicle through which its membership improves the administration of the various associations of counties and associations of county officials. It provides a forum through which members meet and exchange information of importance, and it assists, in accordance with the policy determinations of the council, NACo in its efforts to promote and improve county government.

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AAC Executive Director Chris Villines has been named third vice-president of the National Council of County Association Executives. He will become president in three years.

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Addressing accessibility Little River County receives grant for chair lift, new doors and more at courthouse. Story by Mark Christ s Photos by Holly Hope Arkansas Historic Preservation Program

ittle River County Judge Mike Cranford is realistic about the realities of working in his majestic 1907 classically-inspired courthouse in Ashdown. “These old buildings need love, and sometimes love costs money,” he said. To that end, Cranford is working with the Arkansas Historic Preservation Program’s (AHPP) County Courthouse Restoration Grant program to ensure that the building will comply with the 1990 federal Americans with Disabilities Act (ADA) and provide 44

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Opposite page, top: The Little River Courthouse was built in 1907. Opposite page, bottom left: Little River Judge Mike Cranford is working to make the historic structure more ADA compliant. Above: The plan calls for replacing the main doors to the building with an ADA-compliant and energy efficient entrance; installing a chair lift and new doors to provide easier access to the restrooms in the 1975 courthouse addition; and making the building’s ramp compliant. The second-floor courtroom will not be accessible since installation of an elevator is not feasible. However, the first-floor courtroom will continue to serve all county residents. Right: The octagonal dome that towers over downtown Ashdown is the Little River County Courthouse’s crowning glory.

reasonable accommodations for the county’s mobility impaired citizens. Little River County recently received a $71,356 AHPP grant, funded by the Arkansas Natural and Cultural Resources Council, that will provide a chair lift and new doors to provide easier access to the courthouse’s restrooms in the building’s 1975 addition, while also replacing the main doors to the building with an ADA-compliant and energy efficient entrance. The county also received General Improvement Fund money from the Arkansas General Assembly, along with a $38,000 Transportation Assistance Program grant from the Arkansas Department of Highways and Transportation that will make the building’s ramp comply with the ADA. Cranford, who is himself mobility impaired, said that the work will vastly improve both accessibility and safety in the courthouse. While the historic second-floor courtroom will not be accessible since installation of an elevator is not feasible, the first-floor courtroom will still provide needed services for all of Little River County’s citizens. “We try not to satisfy one need, we try to address multiple needs,” he said. “It won’t solve the whole problem, but it’s a step in the right direction.” The Little River County Courthouse is one of the stateliest buildings in Ashdown. The county was created on March 5, 1857, and named for the waterway that marks its northern COUNTY LINES, FALL 2016

border. The county seat bounced between Richmond and Rocky Comfort in the 19th century, the development of railroads through the area led to the founding of the new town of Ashdown, which voters made the seat of government in 1906. Little River County hired architect Sidney Stewart to design a new courthouse, and the architect used such classical elements as towering Ionic-capital columns at the east and south entrances, pediments over the first-floor entrances and a dentil course around the cornice. The building’s crowning glory is the octagonal dome that towers over downtown Ashdown. The interior features elaborate woodwork, massive wooden newel posts, a skylight in the second-floor courtroom and the Little River County seal in the middle of the first floor. Photographs of every Little River County judge up to the present line the walls as visitors enter the courthouse, including that of W.D. Waldrop, who served from1923-26 and posed with a fiddle. The current county judge boasts that the chair facing the desk in his office is the most comfortable in the county: Judge Cranford makes the claim because there is someone sitting in it every minute of every day. And the work to preserve and improve the Little River County Courthouse ensures that it will remain there for years to come. See

“COURTHOUSE” on

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Courthouse

Designs, funding are challenges when modifying courthouses

ince 1989, the Arkansas Historic Preservation Program (AHPP) has awarded 451 grants distributing $21,250,000 in Arkansas Natural and Cultural Resources Council funds for projects in 66 historic county courthouses and five courthouse annexes. A significant number of those projects — 65 using $2,995,551 — were for projects addressing compliance with the Americans with Disabilities Act (ADA). AHPP Technical Assistance Coordinators Paul Porter and Brian Driscoll were asked for their thoughts on the major ADA issues in historic Arkansas courthouses. “The toughest design challenges in making courthouses ADA accessible is locating the elevators and coming up with enough funds to do them using AHPP and other financial resources,” Porter replied. “Most of our courthouses have ADA modified entrances and ramps. We added a new courthouse annex to the program this year and are doing an ADA entrance and restrooms for it, the Cleburne County Bank in Heber Springs. Integrating an elevator, ramps, chair lifts and restrooms into each of these courthouses requires a lot of planning and forethought. During the planning process, the architects and engineers look at the traffic and use patterns of the building to determine the most-used places and the least-used places as county residents conduct their business. Based on that data and the historic configuration of the respective building, they can determine the best place to locate these features and follow the federal guidelines for the location of ADA ramps and entrance doors, chair lifts and elevators.” Driscoll observed: “For some of the courthouses the most critical issue is still the lack of ADA accessibility to the main 46

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Among the many programs and services of the Arkansas Historic Preservation Program is the County Courthouse Restoration Grant Program. Created in 1989, this grant program has helped to extend the lives of courthouses that hold vital links to community pride and local history. These grants are funded through the Real Estate Transfer Tax, administered by the Arkansas Natural and Cultural Resources Council. Since the beginning of the program, the AHPP has awarded more than $21.25 million to 71 historic courthouses and courthouse annexes around the state for use in rehabilitating, preserving and protecting these important historic resources. Since 1993, Little River County has received 10 grants totaling $415,113 for the Little River County Courthouse in Ashdown.

Arkansas Historic Preservation Program County Courthouse Restoration Grants awarded to Little River County FY1993 Restore roof and guttering $15,000 FY1994 Repair interior water damage $15,000 FY1997 Restore sidewalk $8,000 FY1999 Clean and restore exterior wood and brick $23,460 FY2008 Foundation, masonry, drainage restoration $34,350 FY2009 Replace gutters $65,959 FY2010 Restoration Master Plan $10,000 FY2012 Exterior restoration $70,000 FY2014 Roof restoration $101,988 FY2016 ADA accommodations $71,356 TOTAL:

floor of the building. While most historic courthouses have addressed this most basic requirement in some way such as an exterior chairlift, a ramp constructed on an entrance or an elevator added to accommodate entry from sidewalk level, some active courthouses still lack this basic access. Challenges to providing first-floor access are often due to the design of the building. Some of the more grand styles of public buildings looked to grand stairways, elevated porticos and large window openings to convey the sense of significance and prominence. All of these features make providing accessibility more difficult. The installation of commercial-grade elevators that access three floors is the most expensive ADA issue we deal with. I personally believe that the Americans with Disabilities Act has had the greatest impact on how public buildings are constructed today. Most of these buildings, including commercial buildings, libraries, college facilities and municipal buildings, are now constructed with the main entrances at ground level. “Once access to the main floor of a courthouse has been provided there are a number of other issues that remain. I

$415,113

believe access to courtrooms has been one of the big problems and has resulted in some counties moving their court functions to other locations and leaving their historic courtrooms unused. This is especially true for those counties that don’t have elevators. There also have been problems with accessibility of witness and jury boxes and judge’s benches in the courtrooms. These accommodations often get overlooked. “Another issue is accessible restrooms. Historic courthouses often had small restrooms tucked into inconvenient locations in the building. I have seen some that resemble closets placed under stairways and many are located in out-of-the-way locations on the lower floors. Providing enough space to meet ADA requirements often results in the need to use space originally allocated for other courthouse functions. The need for 32 inches of clear space in door openings has resulted in the wholesale replacement or reconfiguration of office doorways in some courthouses. “Meeting ADA requirements has probably been the single most pervasive and expensive issue we have dealt with in the county courthouse grant program.” COUNTY LINES, FALL 2016

AACRMF benefits continue to strengthen program!

r u o y T n i s ’ What ty ? n u o c n GUARDIAN RFID has been exclusively endorsed by the National Sheriffs’ Association since 2008 and was the first product in the world to earn this distinction. n GUARDIAN RFID is the only Inmate Management System in the world that exclusively leverages radio-frequency identification (RFID) technology. n GUARDIAN RFID® Mobile™ is the most widely used mobile application in corrections, actively deployed in 25 states.

he AAC Risk Management Fund is managed by a Board of Trustees comprised of YOUR county colleagues. As a fund member, YOU help develop the fund’s products that meet the needs of our unique and valued county resources and employees. Our latest added benefit came to fruition in a partnership with Guardian RFID inmate tracking systems. All AACRMF member counties will reap the benefits of this cutting-edge system.This unique tool exceeded the needs and met the concerns of many members in regards to the challenges in county jails. e listened and now we’re proud to welcome this product to the Risk Management Fund program, and we look forward to a continued partnership with all of you.

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n Partnership with Metro to provide P.O.M Services

n Codification of county ordinances.

n Drug testing

Your peace of mind partnership for emergency claim services. RMFMembers receive priority response with participation in the AAC Property Program.

Accessing your ordinances is made efficient by AAC compiling your substantive county ordinances and codifying them into a single-bound volume.

Debbie Norman RMF Director 501.375.8247

Riley Groover Claims Analyst 501.375.8805 ext. 522

Greg Hunt Claims Analyst 501.375.8805 ext. 524

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Barry Burkett Loss Control 501.375.8805 ext. 523

Cathy Perry Admin. Assistant 501.375.8805 ext. 543

Brandy McAllister RMS Counsel 501.375.8694

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Crawford County opens new justice center

Top Left: An aerial photograph shows most of the 16-acre property and all of the 62,000-square-foot facility. The county will have about six acres for future projects. Middle: Crawford County Sheriff Ron Brown accepts a key to the center from County Judge John Hall on Nov. 4. The project was completed 60 days early and $3.1 million under budget. Bottom: Officials cut the ribbon on the center, which will house 307 beds, a 911 dispatch center and offices for the sheriff’s department. The previous 88-bed jail was overcrowded. Voters passed a 3/4 percent sales tax for construction and maintenance in May 2014.

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Jackson County cuts ribbon on new 125-bed jail

Top: County officials, community leaders and residents gathered for a ribbon cutting and grand opening Oct. 3 at the new Jackson County Jail. Middle Left: Jackson County Sheriff David Lucas hosts a tour of the new facility after the ribbon cutting. Middle Right: Pictured are (from left) Jackson County Judge Jeff Phillips, Arkansas State Representative Dwight Tosh (District 52) and Poinsette County Judge Bobby Cantrell. Bottom Left: The male pod control room includes video survellience screens and line of sight to all common areas and individual confinement cells. COUNTY LINES, FALL 2016

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Assessors meet in Pulaski County

Top: The association installed new officers during a banquet held Nov. 17 at the Doubletree Hotel in Little Rock. The new officers are (from left to right) Beth Rush (Ashley), District 4 representative; Kathy Nix (Sharp), District 2 representative; Trina Jones (Van Buren), secretary/ treasurer; Dana Baker (Pope), vice president; Heather Stevens (Stone), president; Sandra Cawyer (Columbia), AAC board member; Judy Smith (Sevier), District 3 representative; Angela Hill (Faulkner), AAC board member; and Jayme Nichols (Baxter), District 1 representative. Right: Outgoing association president, Becky Barnes (Lafayette), delivers opening remarks at the banquet. Bottom Left: Clark County Assessor Kasey Summerville and Faye Tate, deputy director of the Assessment Coordination Department, prepare to have lunch. Bottom Right: Crittenden County Assessor Kimberly Hollowell (middle) and two members of her staff pose for a photograph before lunch.

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Circuit clerks honor grant recipients and retirees Top Left: Ralph Burns and Danielle Fusco with the Secretary of State’s office present Capitol citations to retiring clerks Minnie Haywood (Desha), Andrea Billingsley (Little River) and Alma Davis (Calhoun). Also retiring but not pictured are Karen Giles (Cleburne), Susie Williams (Dallas), Wilma Brushwood (Franklin), Carol Ewing (Grant), Dee Carlton (Marion), Betty Wilson (Ouachita) and Sharon Simmons (Polk). Middle Left: Randolph County Circuit Clerk Debbie Wise, who is vice-president of the AAC board and AAC legislative committee chair, presents a legislative update. Middle Right: Crawford County Circuit Clerk Sharon Blount-Baker answers a question during a round of Family Feud, led by Benton County Courts/Jury Administrator Carl Cartwright. Bottom Left: The Circuit Clerks Association presented $321,809 in Automated Records Systems Fund grants to circuit clerks. Recipients included Martha Jo Smith (Clark), Phyllis Disotell (Columbia), Angie Lewis (Howard), Stacie Sullivan (Jackson), Alicia Stewart (Johnson), Mary Ann Wilkinson (Lee), Cindy Glover (Lincoln), Dee Carlton (Marion), Debbie Baxter (Montgomery) and Donnie Davis (Newton). Bottom Right: Miller County Circuit Clerk Mary Pankey serves as auctioneer during the retirement dinner.

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Judges discuss roads, jails, crisis intervention Top Right: State Sen. Bobby Pierce (far right) joined the county judges in honoring the legacy of Grant County Judge Kemp Nall, who passed away in February. The Nall family was present to accept citations. They are from left to right: Amanda Mitchell; Denice Nall, who has been serving the remainder of her husband’s term; Jenny Manning and Bryce Nall. Middle Right: The Secretary of State’s office presented Capitol citations to retiring judges to thank them for their public service. Pictured from left to right are Danielle Fusco, Sharp County Judge Larry Brown, Benton County Judge Bob Clinard, Ralph Burns, Perry County Judge Baylor House and Deputy Secretary of State and incoming Washington County Judge Joseph Wood. A total of 14 county judges are retiring at the end of this year. Bottom Left: Crittenden County Judge Woody Wheeless brings a matter of discussion before the County Judges’ Association. Bottom Right: Auditor of State Andrea Lea mingles with Little River County Judge Mike Cranford, Howard County Judge Kevin Smith and Sevier County Judge Greg Ray during a luncheon.

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Roundtable talks, retirement party on agenda for county treasurers Top Left: The County Treasurers’ fall 2016 meeting in Little Rock featured a dinner for retiring and outgoing colleagues, held at the AAC. Those who were honored — and received a citation from the Secretary of State — were Prairie County Treasurer Judy Burnett, who held that position for 22 years; Miller County Treasurer Danny Lewis, who was elected to office in 2012; Jefferson County Treasurer Elizabeth Rinchuso, who held that position for 18 years; and Pope County Treasurer Donna Wall, who was treasurer for 12 years. Middle Left: Hempstead County Treasurer Judy Lee Flowers, Hempstead County Chief Deputy Treasurer Karen Smith, Logan County Treasurer Mickey Oates and Montgomery County Treasurer Betty Boling were on the hospitality committee, which planned a Hawaiian-themed dinner. Bottom Left: Little River County Treasurer Dayna Guthrie and Sevier County Treasurer Risa Krantz pose for a photo. Bottom Right: Union County Treasurer Debbie Ray leads one of the roundtable discussions held earlier in the day.

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Clerks hold fall meeting in Columbia County Top: County clerks, many wearing their AAC conference t-shirts, pose for a group photo during their retirement dinner in Magnolia. Middle Left: Tim Humphries, former County Board of Election Commissioners counsel, presents to county clerks on topics from legislative changes to oaths and swearing in candidates. Middle Right: Ralph Burns, Leslie Bellamy and Danielle Fusco, all with the Secretary of State’s office, present Capitol Citations to retiring clerks Carol Ewing (Grant), Sandra Rodgers (Hempstead) Patricia Johnson (Jefferson). Other retiring clerks not pictured are Alma Davis (Calhoun), Susie Williams (Dallas), Brenda Washburn (Howard), Dee Carleton (Marion), and Emily Holley (St. Francis). Bottom Right: Arkansas State Representative Lane Jean (District 2) welcomes county clerks to his district and to the campus of Southern Arkansas University. 54

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Conference

Association of Arkansas Counties Workers’ Compensation Trust

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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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1415 West Third Street • Little Rock, Arkansas 72201

Brandy McAllister

AAC

Family & Friends

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Law Clerk — Sarah Giammo Family information: I am married to Joseph Giammo, professor at the University of Arkansas at Little Rock. I have three brothers and one sister: Brandon, Michael, Steven and Rachel Cook. My siblings and my parents, Paul and Gail Cook, reside in Kentucky. My favorite meal: Papa John’s pepperoni and mushroom pizza and a Gigi’s Kentucky Bourbon cupcake. When I’m not working I’m: Studying for law school. When I’m not studying, I am shopping, reading, or watching TV and playing Words with Friends with my husband.

college I had the opportunity to study abroad in Spain, and I would love to go back and see more of Europe. I would also love to see the Grand Canyon, the Redwood forests in California, Machu Pichu, Costa Rica and Puerto Rico. I love Spanish and Latin American culture and want to have opportunities to brush up on my Spanish You might be surprised to learn that: I grew up on a farm riding horses, and I love to sing. My pet peeve is: I hate all manner of mouth noises.

The accomplishment of which I Sarah G am most proud: I graduated valeiammo dictorian of my high school class, and I finished in the top 10 in my first year of law school. The hardest thing I have ever done: Move away from my family, and [attend] law school. At the top of my bucket list is to: Travel more. In

Motto or favorite quote: “I can do all things through Christ who gives me strength.” — Philippians 4:13. How long have you been at AAC? Since August 1. What do you like most about your position at AAC? I really enjoy the people I work with, and I love being able to help people by solving their problems and answering their questions. I also like having a role in setting state and local government policy.

Receptionist — Samantha Moore Family information: I am married to my wonderful husband Casey Moore, and I have two beautiful daughters, Kinlee and Kamryn Moore. My favorite meal: My favorite meal would have to be anything Italian because I LOVE pasta.

My pet peeve is: People who smack their food. Motto or favorite quote: “When life gives you lemons make lemonade.” Saman tha Mo ore

The hardest thing I have ever done: Dropping my 56

At the top of my bucket list is to: Travel to Italy and meet family members. You might be surprised to learn that: I coach gymnastics and volleyball part time.

When I’m not working I’m: Spending time with my wonderful husband and my two beautiful daughters. The accomplishment of which I am most proud: I am most proud of finishing my college degree after having my first child and while being on a volleyball scholarship.

kids off at day care for the first time.

How long have you been at AAC? Since October 3. What do you like most about your position at AAC? The opportunity to meet new people. COUNTY LINES, FALL 2016

AAC

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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.

Counties’ role in health care likely to be impacted by Trump Administration Paul Ryan’s health care restructuring proposal would mean per capita cap or block grant for Medicaid By Brian Bowden

One of the promises President-elect Trump made to his supporters was to repeal and replace the Affordable Care Act (ACA), or Obamacare. Congressional Republicans have also made Obamacare a target for repeal and have proposed significant changes to other federal health care programs. What might this mean for county governments, which play a pivotal role in caring for America’s low-income residents, especially serving as the safety net for those who are unable to afford medical care? Historically, most states have required counties to provide health care for low-income, uninsured or underinsured residents — care that is often not reimbursed. An Urban Institute study estimated that states and localities spent $20 billion on uncompensated care in 2013. Meanwhile, counties invest $83 billion annually in community health systems and support 976 hospitals, 714 longterm care facilities, 750 behavioral health authorities and more than 1,900 local public health departments. The federal entitlement program known as Medicaid is the largest source of health coverage in the country, covering approximately 75 million individuals. Established in 1965, Medicaid is federal-state-local partnership that provides health insurance coverage to low-income children and their families, seniors and people with disabilities. Unlike Medicare, which is financed and administered by the federal government, Medicaid is jointly financed by the federal government and the states, with local governments’ support in many states. Counties contribute to the program in 26 states, and in the latest year in which data is available, local governments contributed approximately $28 billion to the program. The ACA expanded Medicaid. States were offered the option to expand the population served by the Medicaid program to include low-income adults without children. Thirty-two states and the District of Columbia exercised that option to expand coverage beyond families, children, pregnant women, the elderly and the disabled. Medicaid reduces the amount of uncompensated care that must be provided by county health systems, easing the strain on COUNTY LINES, FALL 2016

county budgets. Yet the Medicaid expansion is likely the most vulnerable provision of the ACA under a Trump Administration and a Republican Congress. In June, House Speaker Paul Ryan and the House Republican Task Force on Health Care Reform unveiled a white paper describing a vision to restructure America’s health care system as a part of Ryan’s A Better Way Campaign. If enacted, the proposal would withdraw the states’ option to expand the Medicaid program and would require them to accept either a new Medicaid per-capita cap allotment or a block grant. Under this plan, beginning in 2019, each state would receive a fixed limit of federal funding for four categories of beneficiaries – the aged, disabled, adults, and children — amounts based on 2016 averages. Funding would be adjusted for inflation, which typically rises slower than health care costs. States opting out of a per capita cap could receive a block grant, which would have a similar effect. As health care costs inevitably exceed the amount allotted by the federal government, states and counties would be left the bear the burden. “Counties are very concerned about the risks of changing the structure of Medicaid from an open-ended, federal-statelocal partnership to a new cap or block grant model,” said Fulton County, Ga., Commissioner Joan Garner, chair of NACo’s health policy steering committee. “When health care costs rise or if there is another economic downturn, states and — more likely, counties — will be on the hook to cover the gap between the federal allotment and the local need.” In the upcoming weeks, President-elect Trump and the incoming Administration and Congress will need to determine just how they will change the health care system to follow through on their promises to undo the ACA. In that process, counties must ensure that the federal-statelocal partnership is respected and financial burdens are not simply shifted to counties. As the public’s attention will be placed on Washington and states, counties must work with their members of Congress to remind them that all health is local. Impending changes in the nation’s complex health care system must take into account the role of counties. Brian Bowden serves as NACo’s Associate Legislative Director for Health and staffs NACo’s Health Steering Committee, lobbying Congress and the Administration on all health issues impacting counties including Medicaid, behavioral health, public health, jail health and long-term care. 57

AAC

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911

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side group should come in and bring all the stakeholders together to talk about reforming the system. One subject that should be studied and reviewed is how many PSAPs are adequate for Arkansas. There are 132 PSAPs in Arkansas. Is that too many? The County Judges Association of Arkansas voted earlier this year to support a bill that places a moratorium on new PSAPs. This is a bill the judges will propose in the upcoming session to coincide with a study of our 911 system. Technology is another issue. The governor and the legislature are always looking for ways to increase technology to improve inefficiencies and to save money. I can get on my phone right now, push a button and have an Uber car pick me up within a few minutes. I wouldn’t have to give my location and the driver would know exactly where I was from the technology on my smart phone. If Uber can find you that easily, then why can’t 911? People can argue that Uber is only in the highly populated areas of the state, and there isn’t a demand for it statewide. That’s a fair argument, but there is a high demand for 911 services statewide. If Uber can use this technology in downtown Little Rock why can’t 911 use something like this to better serve Arkansans all across the state. Next Generation 911 (NG911) is an Internet Protocol (IP)-based system that allows digital information (e.g., voice, photos, videos, text messages) to flow seamlessly from the public, through the 911 network, and on to emergency responders. This is technology that will improve communication and save lives because of faster response times. Is Arkansas ready for this technology? Another topic the out-

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side consultant should look at is training for dispatchers. The turnover rate for 911 dispatchers in Arkansas is one of the highest in the country. What can we do to minimize the turnover rate? The news normally opens the show with “good evening,” and then tells you everything wrong with the world. In this day and time, law enforcement has to be perfect with every decision they make. The media likes to point out when one law enforcement officer makes one mistake, and it’s magnified. 911 is far from perfect, but there are places in the state that come very close, and the rest of the state can learn from them. Citizens in Calhoun County deserve the same service as those in Benton County. Obviously the response time cannot be the same for all Arkansans because not everyone is the same distance from a fire station or a hospital. One thing that should be consistent is the reaction time. When you pick up the phone and dial 911, the fire truck or the ambulance should leave its post around the same time whether you make the call from Benton County or Calhoun County. Going into the 91st General Assembly, every legislator has heard many wants and/or needs from multiple constituencies. So how does the legislature maneuver these needs and how important is 911? Many people believe public safety is the No. 1 job incumbent on our government. This legislature supports our men and women in uniform and the job they do to keep us safe each day. If you ask an officer what is the most important tool they use, just about all of them say communication. That starts as soon as someone dials those three digits.

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This publication was made possible with the support of these advertising partners who have helped to underwrite the cost of County Lines. They deserve your consideration and patronage when making your purchasing decisions. For more information on how to partner with County Lines, please call Christy L. Smith at (501) 372-7550.

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