Fall 2019 County Lines

County Lines Fall 2019

The Official Publication of the Association of Arkansas Counties

Levee Overhaul Counties play a critical role.

22

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In This Issue FALL 2019

Cover Story

Arkansas Counties Crucial to Process of Levee Overhaul.........22

Features

Craighead County Regional CSU opens........................................21 Circuit Clerks Receive ARSF Grants..............................................29 Courthouse Has Classic Style.........................................................30 Staff Profile: Deann Campbell.....................................................42

Inside Look

Assessors Hold 65th Annual Fall Conference..........................33 About 90 Attend Road Seminar.................................................34 Circuit Clerks Hold Meeting in Pulaski County.........................35 Guardian Users Gather at AAC....................................................36

Cover Notes: An Historic Response

Treasurers Meet in Logan County..................................................37 Judges Elect New Officers at Fall Meeting...................................38 County Collectors Meet in Craighead County..............................39

Departments From the Director’s Desk...................................................................7 President’s Perspective..................................................................11 From the Governor............................................................................13 Governmental Affairs......................................................................14 Legal Corner......................................................................................15 Seems to Me..................................................................................... 16 Wellness & Safety............................................................................19 Worker’s Compensation Update....................................................20 NACo News Update...........................................................................41

(Cover Photo by Jeremy May, Office of the Governor)

S

pring brought record flooding to many counties in Arkansas. In fact, Gov. Asa Hutchinson declared 31 of Arkansas’ 75 counties to be disaster areas. Since that time, shoring up the state’s levee system has been the focus of many in local and state government, and a 25-member Levee Task Force has been charged with making recommendations for change by the end of the year. Read more on Page 22.

The photos here show Gov. Asa Hutchinson touring flooded areas (top left), speaking with Perry County Judge Toby Davis and Faulkner County Judge Jim Baker (top right), and visiting the Arkansas Department of Emergency Management.

— Photos Courtesy of the Office of the Governor

COUNTY LINES, FALL 2019

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AAC

CALENDAR

2019-2020 Jan. 17-18 & Jan. 25-26 Coroners MDI Class Townplace Suites, Bentonville Feb. 2-5 Sheriffs Meeting Marriott/Little Rock Feb. 5-7 Judges Meeting DoubleTree, Little Rock Feb. 5-7 County Clerks Hilton Garden Inn, Little Rock

Contact AAC

Mission Statement: The Association of Arkansas Counties

Feb. 12-14 Circuit Clerks Meeting Courtyard by Marriott, Russellville Feb. 19-21 Treasurers Meeting Hilton Garden Inn, Little Rock

Calendar activities also are posted on our website:

www.arcounties.org

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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.

1415 West Third Street Little Rock, AR 72201 (501) 372-7550 phone / (501) 372-0611 fax www.arcounties.org

Chris Villines, Executive Director cvillines@arcounties.org

Mark Harrell, IT Manager mharrell@arcounties.org

Karen Bell, Administrative Assistant kbell@aacrms.com

Anne Baker, Executive Assistant abaker@arcounties.org

Risk Management/ Workers’ Compensation

Ellen Wood, Admin. Asst./Receptionist ewood@aacrms.com

Debbie Norman, Risk Mgmt. & Insurance Director dnorman@aacrms.com

Brandy McAllister, RMS Counsel bmcallister@arcounties.org

Debbie Lakey, Workers’ Comp Claims Mgr. dlakey@aacrms.com

Colin Jorgensen, RMF Litigation Counsel cjorgensen@arcounties.org

Cathy Perry, Admin. Asst./Claims Analyst cperry@aacrms.com

JaNan Thomas, RMF Litigation Counsel jdavis@arcounties.org

Kim Nash, Workers’ Comp Claims Adjuster knash@aacrms.com

Melissa Hollowell, RMF Litigation Counsel mhollowell@arcounties.org

Renee Turner,Workers’ Comp Claims Adjuster rturner@aacrms.com

Fonda Fitzgerald, RMF Paralegal ffitzgerald@arcounties.org

Riley Groover, Claims Analyst rgroover@aacrms.com

Samantha Wren, RMF Paralegal swren@arcounties.org

Karan Skarda, ACE Program Coordinator kskarda@arcounties.org

Greg Hunt, Claims Analyst ghunt@aacrms.com

Becky Comet, Member Benefits Manager bcomet@arcounties.org

Cindy Posey, Accountant cposey@arcounties.org

Kim Mitchell, Administrative Assistant kmkitchell@aacrms.com

Ed Piker, Loss Control Consultant epiker@arcounties.org

Deann Campbell, Receptionist dcampbell@arcounties.org Eddie Jones, Consultant e.jonesconsulting@gmail.com Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org Lindsey Bailey French, Legal Counsel lbailey@arcounties.org Christy L. Smith, Communications Director csmith@arcounties.org Holland Doran, Communications Coordinator hdoran@arcounties.org

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COUNTY LINES, FALL 2019

AAC

County Lines County Lines [(ISSN 2576-1137 (print) and ISSN 2576-1145 (online)] is the official publication of the Association of Arkansas Counties. It is published quarterly. For advertising inquiries, subscriptions or other information, please contact Christy L. Smith at 501.372.7550.

Executive Director/Publisher Chris Villines Communications Director/ Managing Editor Christy L. Smith Communications Coordinator/ Editor Holland Doran

AAC Executive Board: Debbie Wise – President Brandon Ellison – Vice President Rhonda Cole – Secretary-Treasurer Tommy Young Terri Harrison Debra Buckner Sandra Cawyer Kevin Cleghorn Terry McNatt Debbie Cross Brenda DeShields Ellen Foote Jimmy Hart Gerone Hobbs Marty Boyd John Montgomery Heather Stevens David Thompson National Association of Counties (NACo) Board Affiliations Debbie Wise: NACo board member. She is the Randolph County Circuit Clerk and president of the AAC Board of Directors.

Brandon Ellison: NACo board member. He is the Polk County Judge and vice-president of the AAC Board of Directors.

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

David Hudson: 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.

Gerone Hobbs: Membership Committee. He is the Pulaski County Coroner.

Kade Holliday: Arts and Culture Committee and International Economic Development Task Force. He is the Craighead County Clerk.

Paul Ellliot: Justice and Public Safety Steering Committee, vice-chair of law enforcement subcommittee. He serves on the Pulaski County Quorum Court.

Ellen Foote: Community, Economic & Workforce Development Steering Committee. She is the Crittenden County Tax Collector.

Tawanna Brown:Telecommunications & Technology Steering Committe. She is the Crittenden County Chief Computer Operator.

COUNTY LINES, FALL 2019

DIRECTOR’S DESK

The state of state retirement

E

mployment in county government can be an incredibly rewarding career. Opportunities to help on a local level abound, and the satisfaction of being a public servant can be fulfilling. Jobs are usually stable, and the potential for many years of steady work (save being unelected) exist in a world that doesn’t change too much.

Chris Villines But county government is not usually financially rewarding.

AAC Fiscal rewards come to those in the civilian world more often Executive Director than they do to those in government. Christmas bonuses are unheard of, and raises don’t move the salary needle very often.

This systemic shortfall was acknowledged years ago by our state. In order to somewhat equalize the playing field between public and private sector jobs, our state created the Arkansas Public Employee Retirement System (APERs). This defined benefit plan sought to reward long-standing career employees with a benefit at the end of their careers. It has helped to attract and retain employees since its inception.

Defined benefit plans base a post-career annuity based on a formula of salary and years worked. These systems incur some risk because the annuity doesn’t change regardless of the market value of investments. Most government pension plans remain defined benefit plans like ours. In addition to government pensions, the world’s largest defined benefit plan is something we all have access to: Social Security.

Alternatively, defined contribution plans pay out only what is put in, plus or minus interest gained or lost, over time. Defined contribution plans incur no risk to the employer, instead shifting all risk to the employee/investor. 401(k) plans (or the 457(b) (3) — the government equivalent) are the most common defined contribution plans.

APERs has been under incredible scrutiny over the last couple of years, and several bills filed in the 2019 session could have made significant changes in how APERs functions. Ideas such as raising the contribution rate, decreasing the multiplier used for the formulaic calculation, lowering the final average salary, and lowering the cost of living increase for retirees were all met with immediate opposition from state, county and city employees.

While changes may come in the future, I would like to thank state Sen. Bill Sample and state Rep. Les Warren for their leadership as co-chairs of the Legislative Joint Retirement Committee. They, along with many committee members, believed that a measured approach to change, along with APERs member input, was necessary before any major modifications were made. As a result, this committee met 12 times around the state over the last four months.

Much has been learned in this round-robin exercise. We’ve learned that APERs is around 79 percent funded. This means if the system (1) no longer gained new members; (2) hit its target investment rate; and (3) paid out all members already in the system who retire into the future, the amount of money would fall short of that amount needed to fulfill retirement obligations. While not funded in full at 100 percent, this 79 percent level still places APERs roughly in the top third of retirement systems similar to ours in the country.

Philosophies of how much a system like this needs to be funded run along a spectrum, and some believe the only healthy system is one that is 100 percent funded, while others are comfortable at a number less than our current 79 percent — after all, the scenario of nobody new coming into the system is not plausible. >>> 7

AAC

DIRECTOR’S DESK

There is no right answer. Opinions rule the day, and your opinion largely depends on your personal comfort level and the angle from which you are viewing retirement.

There are a few things I have considered as we’ve gone through this process. First of all, our system is trending the right direction and has become ever so slightly better funded over the last couple of years. Also, for the future of government and this benefit, it is important that it be very solvent as we move forward — so we should all celebrate as this number increases.

I also believe it is foolish for anyone to ever believe there is no risk with a system such as APERs regardless of its funding percentage. Even if funded at 100 percent a mass exodus of employees and economic downturn could be dangerous — and everyone, even retirees, could be in danger of losing benefits.

BUT the higher the funding percentage, the better our system is able to absorb situations such as this.

I strongly believe that those who have already retired based on a 3 percent COLA set in statute would be wronged if we choose to change that COLA for them. Many have made decisions based on this COLA. To change it once retirement occurs is unconscionable.

I have learned that some of the other large systems in our state have been making changes in the past few years to draw them closer to a fully funded position. For instance, the Arkansas Teacher Retirement System (ATRS) has been slowly

increasing the contribution rate for its members and will soon reach a 7 percent contribution rate, while APERs employees are at 5 percent. This increase has taken their funding level above 80 percent, and it is trending upward.

And finally, while change may come, I have learned to think of a retirement system as a large cargo ship on a longterm trajectory — immediate changes can be small but have major impact years down the road. For instance, delaying any legislative changes over a two-year period during which the committee can properly analyze things will likely have very minimal long-term impact. Avoiding overreaction and quick fixes is the right way to approach systems such as APERs. Thank you to the many who have attended the 12 legislative committee meetings. The committee is analyzing all of the input provided, and they hope to provide recommendations for any changes in a similar format by taking them to you again across the state … before they become bills in the 2021 legislative session. Our opportunity to stay involved in this process is before us, and I encourage all of you to keep participating.

The AAC has put a tab on our website (www.arcounties. org) for retirement-related issues. Future meeting information and any other developments can be found there, as well as our social media activity. So please keep watching and stay involved — and also please continue to contact county retirees and keep them abreast of what is happening.

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COUNTY LINES, FALL 2019

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AAC

PRESIDENT’S PERSPECTIVE

An overview of the AAC Board: A body with a unified voice that never waivers

O

ne of the greatest honors I’ve had since being elected Randolph County Circuit Clerk has been to serve on the Association of Arkansas Counties (AAC) Board of Directors. It’s also been a challenging opportunity, as the board is a true working board that comes together any time a pressing issue must be addressed, not just during one of its bimonthly meetings.

The board is comprised of 18 members — two representatives from each of the AAC’s nine affiliate associations. There are two county judges, two county clerks, two circuit clerks, two sheriffs, two collectors, two treasurers, two assessors, two coroners, and two justices of the peace. The affiliate associations elect these officials to serve on the board, with trust and confidence that they will do what is best, not only for their individual associations, but for county government as a whole.

These board members are your voice — the collective voice referred to in the AAC motto, “75 Counties. One Voice.”

The board members might change, but the collective voice never wavers.

I have served on the AAC Board since 2012, and I have been impressed by the knowledge, leadership, dedication, and loyalty of my fellow board members. Each brings to the table years of experience in his or her position. They know well the issues affecting their offices, and they readily share that knowledge to help everyone understand the larger picture of county government, not just our own offices.

AAC Board members demonstrate an admirable level of leadership. The board has four standing committees: the Scholarship Committee, the Strategic Planning Committee, the Budget Committee, and the Personnel Committee. Each board member serves on at least one standing committee, with one serving in the capacity of chairman.

Our board members are leaders at the state level, serving on commissions at the behest of the Governor and advocating at the state Capitol on behalf of county government. It’s amazing to watch these individuals working in tandem to gain the best outcomes for counties.

Several of our board members exercise their leadership skills on the national level by serving on National Association of Counties (NACo) committees. The AAC Board president and vice-president are automatic members of the NACo Board of Directors. So, at NACo conferences and meetings, the AAC Board gives Arkansas counties a voice at the federal level.

The dedication of our board members is remarkable. As I said previously, the AAC Board is a working board. Each member has a day job, which they balance with committee and other meetings outside of the regular bimonthly board meetings. For instance, the Budget Committee recently met COUNTY LINES, FALL 2019

to set the AAC’s annual budget. The process works much like that of a county quorum court. Members of the committee review financials and consider future goals before the DEBBIE WISE committee even meets. Then they AAC Board President; come together to draw up a budget Randolph County Circuit Clerk recommendation that the full board eventually votes on. That vote is rarely a quick vote, as questions arise and discussion continues among the full board.

Regardless of the situation, our board is always loyal to county government. That is on full display during a legislative session.

The board’s Legislative Committee is made up of three representatives from each of the nine affiliate associations. Those affiliate associations develop their legislative priorities. Then their appointed Legislative Committee representatives gather to discuss the needs of the different associations, how legislation might affect each association, how all the associations can best work together to achieve a shared priority, and more.

The Legislative Committee polishes the affiliate associations’ proposals, then recommends those proposals to the AAC Board. The board meets with the Legislative Committee to further refine what will become the AAC’s legislative package.

Throughout the legislative session, AAC Board members remain steadfast in their efforts to achieve the priorities outlined in that package. They maintain a regular presence at the state Capitol to underscore the seriousness of the items included in the package — items such as 911 reform, retirement, voting equipment, and more. They also regularly participate in impromptu conference calls to discuss strategy toward harmful legislation introduced during the session.

So, you see why I call serving on the AAC Board of Directors an honor and a challenge, but I welcome the opportunity to serve. I do not take this commitment lightly. I understand the responsibility that comes with being part of the collective voice of county government. And I will continue to humbly serve the interests of not only my fellow circuit clerks, but of all county and district elected officials — just as I know my fellow board members will.

Debbie Wise Debbie Wise Randolph County Circuit Clerk / AAC Board President 11

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AAC

T

FROM THE GOVERNOR

For better, safer roads

he chance to renew the state’s half-cent sales tax to pay for highway upkeep will be the most important issue on the ballot next year, and I’d like to talk about why I supported the legislation that will allow us to vote on Issue One. Issue One does not increase taxes. The state has been collecting a half-cent sales tax for highway maintenance since 2013 after the voters approved it in 2012. The current half-cent sales tax is set to expire in 2023. Issue One allows us to extend it to pay for roads.

Roads and bridges are in constant need of maintenance, and upkeep is not cheap. Issue One will bring in more than $205 million annually to repair and improve nearly 7,000 miles of highways and to repair or replace dangerous bridges. It will bring in $43 million to go to cities and $43 million to go to counties. The rest of the $119 million will be used for state infrastructure.

Our roads, streets, and highways are crucial to so many areas of life. Our roads connect the four corners of Arkansas and allow us the freedom to travel almost anywhere we want to go.

We take the roads to our jobs, to the doctor, to school, and to the grocery store. Our roads take us to visit family and friends.

Agriculture is our No. 1 industry, and our farmers rely on safe roads to deliver their goods. Tourism is our second-largest industry. Our highways give Arkansans and visitors easy access to our mountains and our rivers and to the duck-hunting waters of the Delta.

When the leaders of a company are considering a move to Arkansas, the condition of our transportation system is one of their top criteria.

Over the years, this will cost billions of dollars. Issue One allows us to provide the funds for highway maintenance far into the future. Approval of this extension will

mean that the money to fix our potholes and resurface our roads will be there when we need it.

Renewal ensures stability for road funding. It also will give us a stronger hand when we apply for federal funds.

We all benefit from good Hon. ASA HuTCHINSON roads. The half-cent sales tax Governor of Arkansas allows everyone to easily share in the maintenance of our transportation infrastructure.

Issue One is the second part of a historic plan to pay for roads and highways. Earlier this year, members of the 92nd General Assembly approved $95 million for highway upkeep. Legislators, with my support, then approved this initiative for the 2020 ballot.

I joined legislators in wanting to give all Arkansans the chance to approve this extension. Passage of Issue One will mean safer roads around the state, and safe roads improve life for everyone.

Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas

75 Counties - One Voice COUNTY LINES, FALL 2019

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AAC

GOVERNMENTAL AFFAIRS

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Ensuring a complete count

hese days, it seems as if nearly every task can be done online. Grocery orders can be placed with the click of a button. Bills can be paid on mobile apps. Patients can receive prescriptions after video appointments with their healthcare providers.

Next April, for the first time ever, the U.S. Census will even be completed online.

Arkansas currently ranks 48th in the U.S. for Internet coverage. Approximately 30 percent of our state’s residents don’t have Internet access or only have dial-up Internet available. If not addressed, this connectivity barrier — along with existing transportation and communications challenges, particularly in our rural and immigrant communities — could have longterm ramifications on our state in next year’s census.

Every 10 years, the U.S. Census Bureau conducts a survey to count everyone residing in the 50 states, Puerto Rico and island areas of the U.S. This population total is then used to determine how much funding our communities receive for education, healthcare, infrastructure and other essential services. As Gov. Asa Hutchinson recently noted, “An undercount of even one percent could cost Arkansas $990 million over the next decade.”

That’s why it’s important we take steps now to ensure an accurate and complete count in 2020. Last year, Arkansas Impact Philanthropy, Arkansas Advocates for Children and Families, Arkansas Public Policy Panel, and Arkansas United launched Arkansas Counts. The goal: to ensure a complete and accurate count for Arkansas in the U.S. Census, with a focus on hard-to-count communities, including those areas with low-income, rural or immigrant populations. To further encourage and empower all Arkansas residents to participate in next year’s census, Governor Hutchison recently unveiled his Complete Count Committee. This committee includes multiple stakeholder groups. Baxter County Judge Mickey Pendergrass sits on the panel.

“It is crucial to the state and our counties to have an accurate count to reflect the needs of all Arkansans,” Pendergrass said.

On the county and district level, how can we build on the efforts of Arkansas Counts and the Governor’s Complete Count Committee to ensure our communities receive the federal funding they need? The Association of Arkansas Counties urges you to use your voices, as well as your communication channels, to encourage all your residents to participate in the census.

Before the 2020 U.S. Census on April 1, we urge you to: • Establish a broad and diverse local Complete Count Committee to help develop an action plan for your county or district, which includes elected officials, educators, employers and civic and faith leaders.

• Develop and implement activities for county or district 14

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employees to drive awareness of and involvement in the upcoming census.

Focus on hard-to-count communities by recruiting trusted ambassadors from your county or district to conduct ongoJosh Curtis ing outreach.

Governmental Affairs Provide regular information Director to residents about federally funded programs that benefit the county and district to reinforce the importance of census participation.

Encourage your residents to apply for U.S. Census field jobs at 2020census.gov/jobs.

Participate in the New Construction Program to update the U.S. Census Bureau’s residential address list for construction properties in your community that will be completed by April 1, 2020.

Meet with U.S. Census officials or partnership specialists from a field, area or national office.

Install and actively promote “accessibility spots” to provide secure, online computer access in county or district buildings (e.g., libraries, workforce development centers), with easy-to-read and understandable signage about the census in highly visible or high-traffic areas.

Leverage all existing county or district communication channels, including social media accounts, to share information about the census.

Hold a public event to promote civic engagement and census participation.

Sponsor census booths at county or district events.

Incorporate messages about the importance of the census into speeches, public gatherings, county-wide meetings, mailings, bills or other notifications.

Continue to combat misinformation and scams, including providing safety tips from the U.S. Census Bureau, to ensure residents receive accurate information about the survey.

If available, place public service announcements in local media outlets to encourage all residents to respond.

There’s a lot at stake in the 2020 U.S. Census. As one report recently stated, “We only have one shot every 10 years to get the census right.” Help the Association of Arkansas Counties get out the count by visiting arcounts.org or following @ARcensus2020 on Facebook and @ar_census on Twitter for additional resources. By working together, we can ensure our counties and districts receive the federal funding they need to thrive.

COUNTY LINES, FALL 2019

AAC

LEGAL CORNER

2020: Is your county policy ready for the new decade?

W

hen you hear “quorum court,” your mind probably goes straight to the meat of the court’s business: budgets, appropriations, and “holding the purse strings” of county funds. While budgeting and appropriating county funds is a large part of what the quorum court does, its powers are actually much more expansive. Prior to the approval of Amendment 55 to the Arkansas Constitution in the 1974 general election, the duties of the quorum court were quite different than its modern-day responsibilities. Since its passage, the antiquated judicial functions of the justices of the peace that comprise the quorum court have been removed from the office, and the quorum court now acts solely as the true legislative branch of county government.

Amendment 55 grants the county, through its quorum court, the right to exercise local legislative authority not denied by the Constitution or by law, broadly known as “home rule.” This means that generally, with some narrow exceptions, a county quorum court can pass an ordinance setting county law so long as it does not conflict with federal or state law, including case law set by the courts. Ordinances passed by the county have the effect of law — the same as a state statute or federal code, and a county ordinance is the law of the land in that county. The court can even create misdemeanor criminal offenses by ordinances, punishable by a fine of up to $1,000 per violation.

However, perhaps the most overlooked duty of the quorum court is to set general county policy and personnel policy for county employees, to “provide for [the county’s] own organization and management of its affairs.” Ark. Code Ann. §1414-801(b)(12). This means that, so long as it is consistent with state law, the quorum court has the authority to create a county policy, which shall organize, manage, and direct the operations of the county and its employees, generally. County elected officials are not considered county employees subject to the provisions of the county personnel policy. Another important exception is that the county judge has sole authority over custody, administration, and maintenance of county buildings and property, pursuant to Amendment 55.

With the new year and new decade just around the corner, the initial organizational meeting of the quorum court in January 2020 is a great time to consider revisions to the county’s general and personnel policy. I receive numerous questions from justices of the peace and county officials alike about what employees can and cannot do: the hours they work, personal cell phone and social media use, the use of self-reporting time sheets verses countywide-implemented time clocks, etc. The answer is simple — this should be addressed in your county personnel policy. Sometimes, the quorum court will pass by COUNTY LINES, FALL 2019

ordinance a county personnel policy that defers to each elected official, allowing the official to effectively create their own policy for their individual office. Other times, the quorum court will pass policies that LINDSEY BAILEY apply to all county employees generGeneral Counsel ally. Either option is fine — county government is never one-size-fits-all — the important thing is that some thoughtful policy governing county operation be passed.

A good county personnel policy will outline the county’s employee attendance requirements, sick and vacation leave, compensation procedures including overtime and compensatory time, county-recognized holidays, drug-testing, group insurance benefits, grievance hearing procedures, and much more. This way both the county elected officials, as well as the county employees, are aware of what is expected and what the consequences are if the policies are violated. A good, comprehensive county personnel policy also ensures that the policies are applied uniformly and in a non-discriminatory or discretionary fashion. There is nothing that prohibits a county elected official from having their own policies in their office governing their employees, so long as they do not conflict with federal or state law or the general county personnel policy.

Before passing the personnel policy, the quorum court should consider the input of the county elected officials, who will be tasked with enforcing the policies in their offices. A policy is only as effective as its enforcement. Also, as previously mentioned, the county judge has jurisdiction over when the physical courthouse and other county buildings are open — so it is wise to coordinate with the county judge around hours of operation and county-recognized holidays. The county judge can unilaterally close county property to public business by court order; however, details like employee pay for holidays are handled much more smoothly when the county judge and county policy are in agreement on these matters.

The county policy ordinance is just as important as the annual budget ordinance and should be given equal thought and consideration by the quorum court. I encourage both justices of the peace and county elected officials to take these final weeks before the new year and review your own county policy to make sure that it is comprehensive, adequate, fair, and in accordance with federal and state law. AAC Risk Management attorneys have created a model county personnel policy that is regularly updated to comply with new case law, constitutional amendments, and any other changes that may be needed. The AAC is happy to provide this model county personnel policy to any district or county official upon request.

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Ethics in county government have real value

Z

ig Ziglar, who was an American author and motivational speaker, said, “The most important persuasion tool you have in your entire arsenal is integrity.” We often hear the term government ethics used in the media and by politicians and political commentators, yet it isn’t always clear what is meant by this term.

Generally speaking, ethics refers to the study of right and wrong behaviors.

In our daily lives we are constantly faced with important questions about what to do. We face the same thing in our government jobs. As Martin Luther King said, “The time is always right to do what is right.”

Many times a public official will say, “But I didn’t know.”

Guess what? That doesn’t matter. You took an oath to uphold the laws of the State of Arkansas, the State Constitution, and the U.S. Constitution … “So help me God.” County officials and all public servants have a responsibility to uphold the law. The law is there to learn. Don’t blame someone else for your ignorance. Buckle down and learn the law. That’s your job. And there are ethics to observe in carrying out those laws.

Government ethics refer to the unique set of duties public officials owe to the public they serve. These duties arise upon entering the public work force either as an elected official or a member of government staff. So for simplicity’s sake, please know that when we refer to public officials, we are referring to all public actors, be they elected, appointed or hired.

The relationship between public officials and the public can be described as fiduciary in nature. The term fiduciary is defined as relating to “a person to whom property or power is entrusted for the benefits of another.”

Examples of fiduciary relationships include those of the attorney/client, executor/heir, and principal/agent. You can readily see why the public official/citizen relationship is similar. The electorate delegates governing authority to public officials to exercise discretion over the public treasury; to create laws; and to administer programs and government functions that will impact their lives. The public trusts that the public official will act in the public’s best interest.

Ethical obligations for government officials are not a new concept. In Ancient Greece, Plato called for death for public officials who took bribes. In 1215, King John of England signed the Magna Carta, which promised among other things, “To no one will we sell, to no one deny or delay right or justice.” Not long after that in 1254 King Louis IX of France promulgated conflicts of interest rules for provincial governors.

In 1776 our Declaration of Independence acknowledged 16

the concept of delegated authority. It says in part: “We hold these truths to be selfevident, that all men are created equal, that they are endowed by their Creator with certain unalienEddie A. Jones able Rights, that among these are County Consultant Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

History concludes that several delegates attending the constitutional convention in 1787, including James Madison and Alexander Hamilton, advocated for a fiduciary form of government. Maryland representatives literally declared themselves to be the trustees of the public.

Ethical duties flow from the public fiduciary relationship — then and now. Those obligations include duties of care, loyalty, impartiality, accountability, and preservation of the public’s trust in government.

The duty of “care” requires that the public official competently and faithfully execute the duties of the office. That includes managing assets competently and being good stewards of the public treasury; using due diligence in the selection and supervision of staff/employees; following the rules; and upholding the constitution and laws. That takes us back to one of my opening statements. You must put in the time to learn your duties and the laws governing your office and county government in general.

To be ethical you must be loyal. To whom? Public fiduciaries have an absolute obligation to put the public’s interest before their own direct or indirect personal interests. You breach that obligation when you benefit at the public expense. Prohibited benefits can be financial, career related, or personal, such as benefits to family members or close associates. When general ethical duties to family or friends conflict with duty to the public, the public duty must always prevail.

Public officials have a duty to represent all of their constituents fairly and impartially. This means you cannot favor those of your own political party over other constituents, or let the fact that someone voted against you impact your ability to act fairly. You must overcome any inherent bias that you possess. A public official must avoid targeting particular constituencies for favor or for punishment. Bottom line — the Equal Protection Clause of the U.S. Constitution is in essence a codification of the duty of impartiality.

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What about accountability? Without a duty of accountability, overcome cynical attitudes and suspicions about the people the public’s ability to monitor the behavior of public officials in government. We really are here to serve. would be severely limited. From the duty of accountability For the citizenry of your county to retain its trust in govcomes the duty of transparency and the concepts of disclosure, ernment, it must have confidence that those in public service open meetings, and accessibility of public records. The courts are at all times acting in the best interest of the public. As have ruled “implicit in the democratic process is the notion stewards of the public trust, county government leaders and that government should be accountable for its actions … and employees have a responsibility to act in a manner that is fair individuals must have access to government files….” That’s why and unbiased, that is loyal to the public by putting public in Arkansas we have the Freedom of Information Act of 1967 interest before personal gain, and that fulfills duties of comas amended, codified as § 25-19-101 et. seq. The people’s right petency, integrity, accountability, and transparency. to know what its government is doing has been enshrined as a In fulfilling these duties you will encounter unavoidable fundamental right in law. ethical dilemmas. Dilemmas involving fairness; dilemmas inDoes it sometimes seem volving conflicts between onerous to comply with personal interests and the making records available public’s interests; dilemto Arkansas residents? mas involving the faithful s stewards of the public trust, county governYes, it does. But as public execution of your official officials we must always dilemmas involvment leaders and employees have a responsibil- duties; be transparent and willing ing acting with integrity; to disclose any of our acand dilemmas involving ity to act in a manner that is fair and unbiased, that tions and records of those accountability. actions, unless it’s someThe life of a great is loyal to the public by putting public interest before thing protected by law public servant is not from disclosure. It takes easy. Only those that repersonal gain, and that fulfills duties of competency, extra effort but that’s part ally want to be a servant of public service. should enter the field integrity, accountability, and transparency.

Without public trust, of public service. Public government doesn’t work. officials have the responTrust in government is so sibility to uphold the law important that public ofand serve ethically. ficials are charged with protecting and maintaining the public Upholding the law is one thing. You must learn the law. trust. As stewards of the public trust, officials have a duty to Don’t blame anyone else for your ignorance if you don’t avoid even the appearance of impropriety. So even if a partic- know the law concerning the duties and operations of your ular course of conduct does not meet all of the elements nec- office. It’s there to learn, but it doesn’t jump into your brain essary to constitute a violation of law, it nevertheless may be on its own. You must apply yourself and study. unethical if it creates even the perception of wrongdoing that Secondly, you have a responsibility to apply the law and all will harm the public trust. The Institute for Local Governof your public service actions in an ethical manner. “Do unto ment advises public officials to always ask themselves whether others as you would have them do unto you.” The ultimate it would be a bad thing for a particular course of conduct to learned ethical behavior is contained in the ancient translabe reported on the front page of the local newspaper. tion of the Golden Rule. Learning to make ethical choices Civility and respect toward colleagues and the public also begins at birth and is a life-long growth process. Ethics are a help ensure the public’s trust in the efficiency and effectiverequirement for deciding on a course of action. Ethical belief ness of government. Rancor and animosity displayed by systems are established and learned in life through environcounty officials and quorum court members toward each ments of home, school, religion and social gatherings that other causes the public to wonder if private feuds are taking mold and shape those ethical beliefs. precedence over the common good of the county. When conIf you are to be ethical the flip side is “Don’t Be Unethical.” stituents are treated with lack of respect, it causes the public What sorts of conduct are commonly considered unethical? to doubt the fairness of their treatment.

They include but are not limited to: I fully understand that people have become cynical and suspicious of its government. But what do we expect in a • Theft and fraud by public officials. One of the more nation where political animus is running rampant? As public serious ethical issues in government is theft of public servants in the great state of Arkansas we need to do our part to correct that. Public service requires a continual effort to See “ETHICS” on Page 18 > > >

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ETHICS property. It can range from the trivial, like taking home office supplies, to the grave, such as stealing money from the county. Fraud is probably the most common and costly form of theft by public officials. Fraud is theft by deception or trickery. It occurs when someone deliberately deceives others in order to unjustly gain personally.

• Improper use of government property. This probably happens in county government more than anything else.

The use of public property by public officials for private benefit is unethical and against the law.

• Bribery and influence peddling. Bribery occurs when a person of authority is offered and accepts some personal benefit in exchange for performing some action. Influence peddling is a particular form of bribery in which a public official sells his or her ability to influence government decision making.

• Conflict of interest and self-dealing. This is a common issue in government ethics and occurs when a public official’s private interests are such that they may influence the performance of his or her public duties. Public servants are expected to exercise impartiality and objectivity when performing official duties. When there is a conflict of interest, there is a concern that the official may favor some interest

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other than the general public. Self-dealing is one of the most obvious. This occurs when an individual’s activities in their official capacity involve dealing with their self in a private capacity, usually for personal benefit.

As a public official the responsibility lies squarely on your shoulders. Not someone else’s. Don’t be an “Adam.” Adam, in Genesis 3:12 said, “The woman you put here with me … she gave me some fruit from the tree and I ate it.” That triggers thoughts. How many times have you been guilty of blaming someone else? Sounds like Flip Wilson’s famous statement, “The devil made me do it!”

Yep, good ole Adam invented the oldest line ever used to shift blame to someone else for his own actions. Take responsibility for your actions.

Public service is an honorable profession when carried out honorably. One of our founding fathers, Thomas Jefferson, said, “Honesty is the first chapter in the book of wisdom.”

The supreme quality for public leadership is unquestionably integrity. Without it, no real success is possible. There is real value in ethical service. As Mark Twain said, “Do the right thing. It will gratify some and astonish the rest.”

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WELLNESS & SAFETY

AAC partners with UA eVersity

D

o you know someone that has some college credit hours but never finished a degree?

Maybe you had to move a few times. Maybe you have college credits from a few different schools but have not been able to pull it all together to finish a degree program. Maybe you started and quit college a number of times. Life happens. We have children; money gets tight; divorces and deaths in the family occur; there are unexpected job changes. The list of reasons for not finishing college is endless. Maybe you have reached a point that you think, “What good would it do me to finish college now? It costs too much. I do not have time.”

Here are some reasons to finish a college degree: • According to a recent study published by the Economic Policy Institute, students with a four-year degree made 98 percent more on average than those without a college diploma. Completing a degree can open up better opportunities.

• Finishing your education speaks volumes on your resume. It communicates not only what classes you took and what grades you earned, but also that you finish what you start, no matter how long it takes; you believe in continuous learning; and you are smart enough to get through a post-secondary education.

These things can be true with or without a college degree.

There was a time when not having a degree would not jeopardize one’s earning potential or job opportunities.

However, those days may be gone.

It is never too late to get a college degree. And with the educational alliance the Association of Arkansas Counties (AAC) has formed with the University of Arkansas (UA) System, time and money don’t have to be a big concern.

UA System eVersity is an online program that provides county government employees and their families a new way to earn college degrees at a discounted price. eVersity launched in 2015 as the state’s only 100 percent online university to help provide adult, working learners a high-quality, accessible path toward finishing both associate’s and bachelor’s degrees, along with other credentials. Students may choose from five degree programs — healthcare management, IT, business, criminal justice, and university studies.

Students can earn their degree entirely online without ever having to visit a campus. Take just one class at a time

for six weeks, take a week off, and then move on to the next class seven times annually.

How is eVersity different? From start to finish it has a low-cost, worry-free admissions process.

• No application fee, book fees, Becky Comet campus fees, athletic fees, or AAC Member any other hidden costs.

Benefits Manager • Advisors care about the student’s future and will be there every step of the way.

• eVersity staff acquire college transcripts and retrieve high school transcripts at no cost.

• At only $175 per credit hour, most classes are only $525 (some classes require a one-hour lab).

• The first class, Engage, is a free course for college credit.

• Financial aid is available for those who qualify.

• eVersity is accredited, assuring quality education at every level.

• Highly qualified UA System instructors teach the classes.

• A student’s chosen degree path courses are selected for them, one class at a time.

• Employer discount for county government employees and their family.

• No guesswork about which classes to take.

• Quick and easy online application.

• All classes and material are free, open source material and are 100 percent online. No drives to campus.

When we first made the announcement of our partnership with eVersity, Kim Mitchell, administrative assistant for AAC Risk Management Services, sent me an email about her husband Dennis’ experience with eVersity.

“Dennis finished a degree a few years ago through eVersity.

It was really helpful to work on your class and assignments at the kitchen table on your own time,” she wrote.

All you need to know is the five-digit alliance code. Enter it on the application at eVersity.uasys.edu, and it will be applied. Contact Becky Comet at (501) 372-7550 or at bcomet@arcounties to get the alliance code. It also can be found on the Member Benefits page of the AAC web site, www.arcounties.org.

If you have specific program questions call the University of Arkansas eVersity at (844) 837-7489.

www.arcounties.org

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WORKERS’ COMPENSATION

New supplemental income program available for volunteer firefighters

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he Association of Arkansas Counties Workers’ Compensation Trust (AACWCT) is excited to announce a new supplemental income program that will be available to volunteer firefighters who enroll beginning in January 2020 — The Association of Arkansas Counties Volunteer Fire Fighters Supplemental Income Program.

Under current workers’ compensation laws, when a volunteer firefighter is injured while carrying out their volunteer firefighter duties, they receive a maximum payment of $20 per week for lost wages, for time in which they are unable to work due to the injury. This means that even though they may be losing wages from paid employment (full-time or part-time), those wages are not taken into consideration for their workers’ compensation benefits as a volunteer firefighter. This program was created to help fill a need in this area. For firefighters whose departments sign up for the supplemental income program, they will now be able to receive lost wages based on income from their current paid employment. This means that instead of receiving a maximum of only $20 a week in lost wages, they can now receive a total weekly lost wage (indemnity) benefit up to the maximum amount allowed by law based on income from their current paid employment, for up to 52 weeks.

There is also an additional death benefit provided under this program. There will be a single, one-time payment of $10,000, which will be paid to an eligible dependent under the workers’ compensation laws, if death occurs as a result of a compensable workers’ compensation claim. This one-time payment is in addition to the funeral expenses already provided for volunteer firefighters under Arkansas law.

To be eligible for this program, the fire department must already be covered by a participating member of the AACWCT. Then the fire department may sign up for the program by enrolling all volunteer firefighters in the department. If you are not sure if your fire department is a member of the AACWCT, call Kim Mitchell at (501) 375-8805 to confirm.

If the fire department already purchases one or more lines

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of coverage by the Association of Arkansas Counties Risk Management Fund (AACRMF), then the premium is only $20 per firefighter. The minimum annual Brandy McAllister premium amount is $240, which RMF Legal Counsel will apply to fire departments that don’t have at least 12 firefighters to enroll. For fire departments that do not participate in any of the lines of coverage offered by the AACRMF, the premium is still only $30 per firefighter, with a minimum annual premium amount of $360, which will apply to all fire departments who don’t have at least 12 firefighters to enroll. The lines of coverage offered by the AACRMF that qualify for the program discount are auto and property. If you do not already participate in one of these programs and are interested in the discount, give us a call so we may provide you with a quote for your vehicles and/or property.

The annual premium for the supplemental income program will be based on the roster received at the time of enrollment.

Volunteer firefighters that are added during the policy term will be automatically covered with no additional payment until the next enrollment term. Coverage will cease for each covered volunteer when they leave the fire department. If a fire department signs up to enroll in the program after Jan. 1, 2020, coverage will be effective upon receipt of the completed roster and payment of premium.

If you are already covered by the AACWCT, and you would like to increase the lost wage benefit available to your volunteer firefighters, give us a call to get started in this supplemental income program. There is no better way to show your appreciation for those who risk so much than to provide them maximum coverage in the event of an injury while volunteering.

For more information about the supplemental income program, contact AAC Risk Management Management Fund Director Debbie Norman at (501) 375-8247.

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.

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FEATURE

State and local officials and leaders, and Mid-South Health Systems staff, join Gov. Asa Hutchinson in cutting the ribbon in front of the Craighead County Crisis Stabilization Unit located in Jonesboro.

Craighead County Regional CSU opens in Jonesboro Story and Photos by Holland Doran AAC Communications Coordinator

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he Craighead County Crisis Stabilization Unit (CSU), the state’s fourth unit, was unveiled to the public during a ribbon-cutting ceremony Sept. 9.

Gov. Asa Hutchinson, Craighead County Judge Marvin Day, Craighead County Sheriff Marty Boyd, and Midsouth Health Systems Executive Director Ruth Allison Dover spoke to a large crowd of state legislators, and local and county officials and leaders.

The new CSU will serve 20 counties in Northeast Arkansas. Law enforcement from each of the 20 counties can refer and transport those in a mental health crisis to the CSU. CSUs also operate in Sebastian, Pulaski, and Washington counties. The Craighead County CSU is the last facility authorized by Act 423 — legislation that passed with bipartisan support in March 2017. The act established the four CSUs and mandated crisis intervention training to teach law enforcement officers to recognize and deescalate a mental-illness crisis.

At the ceremony, Gov. Hutchinson said the CSU is “an important step in bridging a gap between communities in Northeast Arkansas.”

“This unit is designed to more effectively respond to individuals suffering a mental health crisis and ensure they receive the services they need,” he said. “The partnership between the state and the four counties of this pilot program is on the forefront of efforts in our state to help those in a mental health crisis. I believe in the promise of these units to better serve the people of our state.”

Craighead County Judge Marvin Day thanked Gov. Hutchinson for fully supporting the CSUs. “Thanks to our governor, some Arkansans will receive the appropriate assistance to help them overcome their obstacles,” Day said. “The governor has made this moment happen here in northeast Arkansas.”

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Sheriff Marty Boyd said the plans for the CSU have been in the works for four years. He said he is excited to see the plans become reality.

“If we can see someone that has an illness and step in front and make a difference in that person’s life and do the moral thing and get them treatment and get them diagnosed instead of charged and incarcerated time and time again — that’s what this is about. That’s what I think we’ll see take place,” Boyd said.

Midsouth Health Systems is operating the facility, which accepted its first patient Oct. 8, less than a month after its ribbon cutting.

With 16 beds, Midsouth Health Systems is prepared to accommodate 100 admissions per month, Midsouth Health Systems Executive Director Ruth Allison Dover said.

“This CSU will offer a professionally staffed facility for residents who are experiencing an acute mental health crisis,” she said. “CSUs provide hospital diversion services in a safe environment with onsite psychiatric and co-occurring substance abuse services.”

Dover thanked Craighead County, Day, Boyd and the Craighead County quorum court for their “steadfast leadership in making this project happen.”

“Judge Day and Sheriff Boyd have been resolute in their advocacy for a diversion program such as this crisis unit,” she said.

Dover thanked law enforcement for the “groundwork” they have done by completing 40 hours of crisis intervention training. Almost 100 officers in the area have completed the training.

“Those officers are all trained to recognize signs and symptoms of mental illness and respond with diversion instead of jail when treatment is needed,” Dover said.

The 20 counties the CSU will serve are Clay, Craighead, Crittenden, Cross, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Lee, Mississippi, Monroe, Phillips, Poinsett, Randolph, Sharp, St. Francis, White, and Woodruff.

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COVER STORY

Arkansas counties cr to process of levee ove “An historic flood calls for an historic response.”

— Gov. Asa Hutchinson Story by Arik cruz AAC Law Clerk

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pring in Arkansas is generally seen as a season of rebirth. Days begin to last longer, vegetation begins to grow, and temperatures begin to rise. Perhaps even more noteworthy, however, are the plentiful rains that begin to fall, bringing with them hopes of a bountiful harvest in later months. But this year, these canonical April showers brought something far more perilous than May flowers.

Indeed, these springtime rains brought a devastating 500-year flood to the state that began in late May and persisted into mid-June, with its ramifications still felt many months later. This unprecedented flooding event shattered crest records on rivers across Arkansas. For example, the Arkansas River at Morrilton (Conway County) saw a record crest of 43.03 feet on June 6, 2019, exceeding the prior record set during the Great Flood of 1927 by roughly a foot. Dardanelle (Yell County) witnessed the river crest at 45.91 feet on May 30, 2019, exceeding by more than a foot and a half the record set in May of 1943. Record crests were also recorded in such locations as Van Buren (Crawford County), Toad Suck (Faulkner and Perry Counties), and Pendleton (Desha County), and the highest crests in recent years were seen in other towns and cities along the Arkansas River. >>>

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rucial erhaul

— Photo by Randall Lee Office of the Governor

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Gov. Asa Hutchinson toured flooded counties, including Conway and Perry counties, following the spring flooding. This is an aerial view of a flooded area.

— Photo by Jeremy May, Office of the Governor

Declarations of Disaster

Arkansan Resilience

In all, the Flood of 2019 led Gov. Asa Hutchinson to declare 31 of Arkansas’ 75 counties to be disaster areas, a designation that allowed them to seek and receive state assistance immediately. Moreover, on June 08, 2019, the Federal Emergency Management Agency (FEMA) issued a Major Disaster Declaration, later approved by President Donald Trump.

This declaration made 13 counties eligible to apply for individual assistance, with 12 of those counties eligible for public assistance as well.

Estimates indicate that the river flooding also caused approximately $20 million in economic loss across the state during each day of the weekslong event, a burden borne especially heavily by Arkansas’ agricultural, industrial, infrastructure, and transportation sectors.

Indeed, while the flood was incredible in its breadth and destruction, even more incredible is the fact that human loss of life was limited to one individual. Association of Arkansas Counties (AAC) Executive Director Chris Villines echoed this sentiment, stating that it was “a miracle in the state of Arkansas that we lost only one life during that flooding.” This fortuitous outcome may well have been different without the gracious and courageous efforts of the people of Arkansas.

From the National Guard to our first responders, from county officials to everyday citizens across the state, the cooperation shown during the Flood of 2019 ensured that help was always on its way. In the words of Gov. Hutchinson, “That’s how we do things in Arkansas. We take care of each other.”

Impacts on Levees

In the wake of the flood, having reviewed the extent of the devastation left in its path, the next step was determining how to move forward. Right off the bat, one thing was already clear to local, state, and federal officials: many of Arkansas’ levees were simply not prepared to handle an event of this magnitude. This realization led Gov. Hutchinson to take multiple remedial steps.

First, $350,000 in emergency funds were allocated to impacted counties and cities to assist with their most immediate needs. Next, the Governor requested and received legislative approval to designate $10 million in grant funding from the state’s Reserve Allocation Fund to pay for maintenance and repairs of levees. This funding was made available through the

Additionally, the catastrophic flooding significantly impacted several levees across Arkansas, most conspicuously in the area of Dardanelle where a major breach occurred due to overtopping. Other levees along the river — such as one in Conway County — were diminished in efficacy as outdated infrastructure such as damaged drainage pipes could not handle the vast amounts of water, leading to significant leaks.

Others still — not designed to hold back as much water as they were required to during the event — appeared perched precariously on the precipice of disaster, yet held nonetheless despite Mother Nature’s best efforts to do them in.

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Moving Forward

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AAC Arkansas Department of Emergency Management (ADEM), in consultation with the Arkansas Natural Resources Commission (ANRC). Importantly, this allowed levees that are not currently compliant with federal levee standards — thus ineligible to receive federal funds — to nevertheless apply for assistance from the state.

The Arkansas Levee Task Force

Finally, and most germane to this article, Gov. Hutchinson established the Arkansas Levee Task Force, a temporary entity created to study and analyze the current conditions of the state’s levees. More specifically, the Task Force was formed in order to: identify sources of funding and related requirements for the construction, repair, and maintenance of levees; study prospective monitoring and reporting systems for levee maintenance; and review the adequacy of the current laws and organizational structure of the levee system and levee district boards.

Findings resulting from this important undertaking are to be presented within a report to the Governor by Dec. 31, 2019, along with any additional reports and recommendations. The 25-member Task Force is comprised of leaders from various state agencies; elected officials on the state, county, and municipal level; and other individuals, such as engineers, levee board members, and at least one attorney.

The Task Force has been meeting regularly since July, both in full body meetings and in its subcommittees, which were divvied up to focus more intently on each of the objectives outlined by the Governor’s executive order. St. Francis Levee Board member Rob Rash has led a committee to study and analyze the current conditions of the levees. ANRC Director Bruce Holland has chaired a committee to identify sources and requirements for funding the construction, repair and maintenance of levees. Jackson County Judge Jeff Phillips has run a committee on studying prospective monitoring and reporting systems for the maintenance of levees. State Sen. Gary Stubblefield has overseen a committee reviewing the adequacy of the current laws and organizational structure of the levee system and levee district boards.

Investigating Arkansas’ Levees

In conducting a review of the conditions of our state’s levees, preliminary findings have not only recapitulated the need for improvements to prevent future disaster, but also have highlighted another issue: the difficulty of determining exactly how many levees actually exist in Arkansas. This task has proven quite onerous due to issues such as slight differences in the names used by districts from one database to the other or minor discrepancies in spelling when reporting to such databases, or failure by some districts to report altogether.

According to an analysis by the Arkansas Democrat-Gazette, there may be as many as 181 levee districts across the state. “Levee districts” are entities that typically operate and maintain levees themselves and, for the purposes of this article, may be read COUNTY LINES, FALL 2019

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to include drainage districts, as well. A significant number of the state’s levees were organized through statutes that technically title districts formed under them “drainage districts,” but the primary purpose — to establish levees — is the same.

A statement issued by the state of Arkansas indicated that the state contains 92 levee districts. Both of these counts differ slightly from the number given by the U.S. Army Corps of Engineers’ (USACE) National Levee Database, which lists 114 separate levee systems. “Levee systems” refer to the entirety of a levee, which may be broken down into segments and managed by separate levee districts, despite being contiguous.

Multiple districts may operate a single system, and in some cases a district may sponsor multiple levee systems. Ultimately, it is the hope of the Task Force to provide a more exact accounting in its final report.

According to the Corps, the average age of Arkansas’ levees is 69 years, making many, if not most, of them overdue for renovation and enhancement, whether physically or in regulation and oversight. The damage sustained during the Flood of 2019 has only compounded this need. Complete information on the current needs of our many levee systems will be found in the final report to Gov. Hutchinson in December.

What Has Led to these Conditions?

While merely determining how many levees there are and what deficiencies exist may be difficult enough, an even more complicated question is figuring out why conditions have deteriorated and how to remedy those problems. As mentioned above, levees in Arkansas are generally operated by levee or drainage improvement districts, which are governed by a board of directors and created in various ways under Arkansas law. In some cases — and for reasons economic, administrative, or both — a levee may simply go unattended, leading to considerable deterioration over time.

In the case of the breach near Dardanelle, while that levee did have an active board, it had not been sufficiently maintained such that it was compliant with Corps standards. Thus, that levee district was and is ineligible to receive federal funding for repairs. This is the case with the majority of Arkansas’ levees according to the Arkansas Democrat-Gazette. This noncompliance with Corps standards presents a serious impediment to improving the condition of those levees. Not only do districts fall into disrepair due to this lack of federal funding, they then have very little money with which to work in trying to become federally certified.

Thus, without assistance from the federal government, districts must rely primarily on assessments levied upon the betterments (i.e., benefits) received by the residents and/or entities within a district whose lands are protected by the levee(s).

Often, these assessments do not raise enough money to pay for adequate levee maintenance. In Jackson County, for example, See

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half of those protected by the levees were not on the assessment rolls and thus were not contributing to their upkeep.

In many other counties, increasing assessment rates is rarely politically popular. Given that many districts have not undertaken reassessments of betterments in many years and that still other districts are hamstrung by assessment rates capped at untenable levels, levee districts are left with insufficient revenues to improve the conditions of their levee(s). While certain agencies such as the ANRC offer loans at relatively low interest rates, such funding must of course be paid back eventually, which is a difficult task when district finances were unsustainable in the first place. The only other option — grants from state or federal government agencies — are rarely available and highly competitive. Consequently, the Task Force is conducting research to determine exactly how much money it will take to bring all of Arkansas’ levee districts into compliance with Corps standards, as well as to identify best practices in obtaining such funding.

Remedial Legislation

Problems such as those discussed above have existed well before the Flood of 2019. A Summer 2017 County Lines article by former AAC law clerk Sarah Giammo detailed a wave of new legislation passed between 2009 and 2017 that was aimed at improving levee maintenance and levee district management.

Act 386 of 2009, sponsored by former State Sen. Robert Thompson, established reporting requirements for levee districts that mandated transmission to the county clerk certain integral details such as a district’s name and legal authority; a legal description and a map of the district and its parcels; and information regarding the district’s board of directors. Especially important with respect to district boards is whether any vacancies currently exist thereon.

Act 7 of the Third Extraordinary Session of 2016, sponsored

by State Sen. Jason Rapert and State Rep. Rick Beck, followed up on these reporting requirements by mandating that such reports be forwarded by the county clerk to the ANRC. Acts 386 and 7 each require that county clerks notify the board of directors, if any, of a district with board vacancies, as well as the county court. Moreover, the county clerk must also publish notice of the vacancy in a newspaper of regular circulation in the county or counties affected, as well as on a county-affiliated website, if one exists. If vacancies persist in multiple successive reports, a public hearing must be held by the county court for the purpose of filling the vacancy.

Act 210 of 2011, sponsored by State Sen. Jane English, then a state representative, and former State Sen. David Burnett, established another set of reporting requirements, this time focused more intently on the financial data of districts, requiring informa26

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tion such as any current contracts, indebtedness, total income, and total expenditures. This report, too, must be filed with the county clerk. Importantly, this act applied only to districts that use the county collector to collect assessments, though such is the case for the majority of levee districts. This act also made districts subject to the Freedom of Information Act (FOIA).

Act 623 of 2017, sponsored by State Rep. Lanny Fite and State Sen. Jimmy Hickey, Jr., provided another way for county judges to act upon finding that a district is defunct or otherwise operating in an improper way. Here, however, action is contingent upon the public in a district taking action. First, a member or members of the public must successfully make a FOIA request regarding a particular district. If what is yielded by such a request is substantially insufficient in that it does not provide adequate financial or operational information, then not less than 10 percent of the members of the district may petition the county court to direct that the district comply more substantially with the FOIA request. If within 30 days the district does not or cannot comply, the county judge may order an audit of the district on his or her own volition.

Act 623 also provided additional methods by which to fill board vacancies. In one method, a county judge may appoint a new board member upon petition of the district’s property owners. By the other method, a county judge may simply appoint replacement members on his or her own accord. Similarly, if a district’s board is entirely vacant and no property owners wish to serve on said board, a county judge must appoint an administrator to act as a substitute for the board until interested property owners come forth to take control.

Room for Improvement

While the foregoing legislation has laid a framework for allowing levee and drainage districts to reconstitute and become fiscally viable, there still is room for improvement. Indeed, some ideas considered by the Task Force include combining or streamlining the reporting requirements laid out by Acts 386, 7, and 210. Importantly, it is desirable that the financial data reports required by Act 210 should also be forwarded to the ANRC such that the agency has a more complete picture, not only of a district’s organizational structure and territory, but also its financial status. This knowledge could allow ANRC to prioritize funding opportunities in a more efficacious manner, especially if the agency were to attain higher levels of oversight regarding levee operation, as discussed below. Such an improvement could also be affected by amending the laws contained within Act 386, the reports from which are already forwarded to ANRC, to mandate financial reporting in addition to the information already required.

Notably, Act 708 of 2019, sponsored by State Rep. Jasen Kelly and State Sen. Jane English, was signed into law just COUNTY LINES, FALL 2019

AAC prior to the Flood of 2019 and built upon Act 210 by establishing further requirements for levee districts. This act requires retention of all financial records, bank statements, and contracts relating to any evidence of indebtedness undertaken by a district during its existence and for five years following its dissolution. The Act further provides that these financial records are subject to FOIA. Moreover, under Act 708, any state agency or commission may choose to be excluded from any newly formed district for the purposes of assessments. Lastly, the act requires the Department of Health to promulgate rules establishing minimum standards for water and sewer improvements made by districts under the pertinent subchapter. While this legislation was not passed with extreme flooding in mind, it may nonetheless be seen as a step in the right direction with respect to determining the financial state of our districts and improving our districts in a safe and effective manner.

Moreover, the Task Force has discussed amending Arkansas law to give ANRC actual administrative authority over levee districts. Currently, the agency is prohibited from acting in such a supervisory role and does not have rulemaking power with respect to levee or drainage districts. Allowing ANRC to take on such a role could greatly assist in providing a more uniform and efficient way to operate the many levees across our state.

Moreover, some level of ANRC authority might ensure greater compliance with best practices and safety standards going forward, ameliorating the risk of severe damage from future flooding events. The aim of the Task Force in its final report will be to make informative recommendations regarding these and other areas of concern, such that the Arkansas General Assembly might consider curative legislation going forward.

Another method by which to assist those levee districts that are underfunded, semi-operational, or defunct is through district consolidation or merger. At times, it may be the case that county leaders, boards of directors, or affected landowners wish to consolidate multiple contiguous levee districts into one, combining the territory and resources of the once separate districts such that operations will become more efficient, assessment revenue will increase due to a larger tax base, and future district viability will be enhanced. All of this could serve to allow once struggling districts to reorganize and operate as a whole for the better protection of the lands, individuals, and businesses in any given area.

Depending upon the facts of each scenario and the statutes under which any given districts were formed, the process of consolidation can be remarkably complex. For instance, while there is a statutory method for consolidating districts between two or more counties, there is no such provision explicitly providing a method for consolidating two or more districts within the same county. This issue, as with many matters involving levee districts, would benefit from legislative clarification and amendment. Indeed, the Task Force, in conjunction with AAC legal staff, has reviewed the legal methods for consolidation and found that the process needs to be made simpler, COUNTY LINES, FALL 2019

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more widely applicable regardless of organizational statutes, and more clearly defined.

A Successful Case Study at the County Level

One example of a successful consolidation occurred in September 2019 in Conway and Pope counties. There, three contiguous but legally separate districts from within the same levee system were combined to form one district. According to Conway County Judge Jimmy Hart, “it [didn’t] make sense to have three levee districts on one levee system, because if one breaches in Conway County then it will affect Pope, and if it breaches in Pope then it will affect Conway.” Consequently, the boards of each levee district, as well as Judge Hart and Pope County Judge Ben Cross, agreed that consolidation was in the best interest of everyone involved, including area landowners. Each county court therefore issued orders establishing a single consolidated levee district in accordance with relevant Arkansas law. Prospectively, this process can be replicated elsewhere across the state on a case-by-case basis through cooperation between county officials and the AAC. Further legislation — informed by the Task Force’s final report, as well as experiences at the local level — may provide even more efficient ways to effect consolidation. In turn, the quality of Arkansas’ levees and the safety of Arkansans throughout the state will be significantly enhanced.

Final Observations

Above all, it is clear that while there have been quite a few improvements in the areas of levee law and levee operation, there remains considerable work to be done. Fortunately, we may expect the final report from the Arkansas Levee Task Force to be highly instructive with respect to how we can continue progressing forward on these issues for a safer Arkansas.

What we know already, however, is that looking to the recommendations given and actions taken by officials at the county level thus far can teach us about the practical effects and difficulties of proposals in a real-world setting. Counties that wish to learn more about the process of levee district consolidation — or those that have other questions with respect to levees in general — are encouraged to contact the AAC for assistance.

While there is no “one-size-fits-all” approach to levee law, cooperative efforts can go far in achieving the results desired by those parties interested.

2009 Ark. Acts 386.

2011 Ark. Acts 210.

2016 Ark. Acts 7.

2017 Ark. Acts 623.

Sources

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LEVEES 2019 Ark. Acts 708.

Allie Raffa, Arkansas Losing Over $20M a Day from Record Flooding as Residents Brace for Water to Keep Rising, Fox News, (June 3, 2019), https://www.foxnews.com/us/ arkansas-flooding-could-worsen-as-residents-brace-for-watercrest-and-heavy-rain.

“Arkansans Helping Arkansans,” Weekly Address, Office of Governor Asa Hutchinson, (June 05, 2019), https://governor.arkansas.gov/news-media/weekly-address/arkansanshelping-arkansans.

“Arkansas Severe Storms and Flooding (DR-4441),” Federal Emergency Management Agency, (June 08, 2019), https:// www.fema.gov/disaster/4441.

Clara Turnage, Levee Break Puts Dardanelle in Peril, Arkansas Democrat-Gazette, (June 01, 2019), available at https:// www.arkansasonline.com/news/2019/jun/01/levee-breakputs-dardanelle-in-peril-20/.

Disaster Information, Arkansas Department of Emergency Management, https://adem.arkansas.gov/disaster-information (last visited Nov 11, 2019).

Emily Walkenhorst, Reports Aid State in Look at Levees, but District Data Remain Sketchy, Arkansas Democrat-Gazette, (Aug. 27, 2018), available at https://www.nwaonline.com/ news/2018/aug/27/reports-aid-state-in-look-at-levees-201/.

Emily Walkenhorst, Levees-System Control Fodder for State Panel, Arkansas Democrat-Gazette, (Aug. 02, 2019) at available at https://www.arkansasonline.com/news/2019/aug/02/ levees-system-control-fodder-for-state-/.

Emily Walkenhorst, Merging Districts for Arkansas Levees Gets Look, Arkansas Democrat-Gazette, (July 27, 2019), available at https://www.arkansasonline.com/news/2019/aug/27/ merging-districts-for-levees-gets-look-/.

“Governor Hutchinson Announces Appointments to the Arkansas Levee Task Force,” Press Releases, Office of Governor Asa Hutchinson, (July 08, 2019), https://governor.arkansas.gov/news-media/press-releases/governor-hutchinsonannounces-appointments-to-the-arkansas-levee-task-force.

“Governor Hutchinson Issues Executive Order to Create the Arkansas Levee Task Force,” News & Media, Press Releases, Office of Governor Asa Hutchinson, (June 27, 2019), https:// governor.arkansas.gov/news-media/press-releases/governorhutchinson-issues-executive-order-to-create-the-arkansas-levee.

“Governor Hutchinson’s Weekly Address | Shoring Up Arkansas Levees,” Press Releases, Office of Governor Asa Hutchinson, (June 28, 2019), https://governor.arkansas.gov/ news-media/press-releases/governor-hutchinsons-weekly-address-shoring-up-arkansas-levees.

Levees of Arkansas, National Levee Database, https://levees. sec.usace.army.mil/#/ (last visited Nov 11, 2019).

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Madeline Holcombe & Joe Sutton, Hundreds of Roads Under Water as Historic Flooding Breaches Levees and Threatens Communities, CNN, (May 31, 2019), https://www.cnn. com/2019/05/31/us/arkansas-levees-flooding-friday-wxc/index.html.

Michael R. Wickline, Members Selected for Arkansas Levee Task Force, Arkansas Democrat-Gazette, July 09, 2019, available at https://www.arkansasonline.com/news/2019/jul/09/ members-selected-for-levee-task-force-2/.

Paige Cushman, Arkansas Levee Task Force Says System Needs More Oversight, KATV, (Aug. 02, 2019), https://katv. com/news/local/arkansas-levee-task-force-says-system-needsmore-oversight.

“President Donald J. Trump Approves Major Disaster Declaration for Arkansas,” Federal Emergency Management Agency, (June 09, 2019), https://www.fema.gov/news-release/2019/06/09/president-donald-j-trump-approves-majordisaster-declaration-arkansas.

Rachel Herzog, Governor Sets Goals for New Arkansas Levee Group; Fixing System ‘Important’ to Future, He Says, Arkansas Democrat-Gazette, (July 13, 2019), available at https:// www.arkansasonline.com/news/2019/jul/13/governor-setsgoals-for-new-levee-group-1/.

River at a Glance, Advanced Hydrologic Prediction Service, NOAA National Weather Service, https://water.weather.gov/ ahps2/glance.php?wfo=tsa&gage=vbua4&riverid=203212 (last visited Nov 11, 2019).

Sarah Giammo, A Wave of New Legislation to Hold Back Future Flooding, County Lines, (Summer 2017) available at https://content.yudu.com/libraryHtml/A4306z/Summer2017CountyLine/reader.html?page=14&origin=reader.

Sarah Kellogg, Arkansas Governor Announces Increase in Emergency Funding for Flood Relief , KUAR/UA Little Rock, (May 29, 2019), https://www.ualrpublicradio.org/post/ arkansas-governor-announces-increase-emergency-fundingflood-relief.

Stephen Simpson, Mergers of Levee Districts Explored, Arkansas Democrat-Gazette, (Sept. 26, 2019), available at https:// www.arkansasonline.com/news/2019/sep/26/mergers-of-levee-districts-explored-201-1/.

“The Flood of 2019,” Weekly Address, Office of Governor Asa Hutchinson, (May 31, 2019), https://governor.arkansas. gov/news-media/weekly-address/the-flood-of-2019.

Youssef Rddad & Josh Snyder, Governor Increases Funding After Flooding of ‘Historic Magnitude’; Tornado Watches, Warnings Issued, Arkansas Democrat-Gazette, May 29, 2019 at https://www.arkansasonline.com/news/2019/may/29/northwest-half-state-slight-enhanced-risk-severe-s/.

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From left to right are Association fo Arkansas Counties Governmental Affairs Director Josh Curtis, Crawford County Circuit Clerk Sharon Blount-Baker, Washington County Circuit Clerk Kyle Sylvester, Monroe County Circuit Clerk Alice Smith (accepting on behalf of Randolph County), Pulaski County Circuit Clerk Terri Hollingsworth, Saline County Circuit Clerk Myka Bono-Sample, Pope County Circuit Clerk Rachel Oertling, Garland County Circuit Clerk Jeannie Pike, Columbia County Circuit Clerk Angela Wilson Keith, Craighead County Circuit Clerk Candace Edwards, Benton County Circuit Clerk Brenda DeShields, Montgomery County Circuit Clerk Penny Black, Faulkner County Circuit Clerk Crystal Taylor, Sebastian County Circuit Clerk and Recorder Sharon Brooks, Miller County Deputy Circuit Clerk Katie Vickers, Dallas County Circuit Clerk Pam Barnes and Independence County Circuit Clerk Greg Wallis.

11 Circuit Clerks receive ARSF grants Eleven county circuit clerks received grants totaling $327,220 from the Arkansas Circuit Clerks Association Automated Records System Fund (ARSF) during the association’s fall conference Oct. 9-11, 2019.

The focus of the fund is to assist Class 1 through 5 counties in improving automation technology by acquiring or updating computer stations, software, hardware, computer training and other automation equipment.

2019 ARSF grant reciepients and amounts are: Angela Wilson Keith, Columbia County — $24,450.87 Sharon Blount-Baker, Crawford County — $13,931.20 Pam Barnes, Dallas County — $35,744.50 Vickie Bishop, Fulton County — $16,609.08 Gail Wolfenbarger, Hempstead — $43,065.21 Greg Wallis, Independence County — $30,240.00 Mary Pankey, Miller County — $25,000.00 Penny Black, Montgomery County — $25,000.00 Rachel Oertling, Pope County — $50,000.00 Debbie Wise, Randolph County — $52,190.54 Debbie Loggins, Searcy County — $10,988.95 COUNTY LINES, FALL 2019

The ARSF is administered by the Automated Records Systems Fund Committee.

ARSF Committee members are: Sharon Brooks, committee chair and Sebastian County Circuit Clerk and Recorder Crystal Taylor, committee vice-chair and Faulkner County Circuit Clerk Brenda DeShields, committee secretary and Benton County Circuit Clerk Candace Edwards, Craighead County Circuit Clerk Kyle Sylvester, Washington County Circuit Clerk Myka Bono Sample, Saline County Circuit Clerk Jeannie Pike, Garland County Circuit Clerk Lafayette Woods, Jefferson County Circuit Clerk Terri Hollingsworth, Pulaski County Circuit Clerk Tami King, White County Circuit Clerk Counties wishing to apply for a grant must complete an application by Aug. 3 of the current year and submit it to the Association of Arkansas Counties.

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The Benton County Courthouse, built in 1928, is the oldest building of three current courthouse structures built specifically for government use. In this photo, the Classical Revival courthouse is decked out in red, white, and blue for the Fourth of July.

Courthouse has classic style

Benton County has received more than $100,000 in grants for improvements.

T

Story and Photos by Holly Hope Heritage and Tourism

he Benton County Courthouse, built in 1928, is the oldest building of three current courthouse structures built specifically for government use.

And while two structures to the rear were ultimately appended to the courthouse in 2000, the principal façade still conveys its original Classical Revival architecture.

Benton County was formed from Lovely County on the Missouri-Arkansas border in 1836. The town of Bentonville was established by 1837 and official court sessions were held in the home of the first county judge, George P. Wallace. In 1838, the court approved a vote to build a log courthouse on the square but this was only meant to be a short-term solution.

John and William Walker were engaged in 1841 to replace the log structure with a more substantial two-story brick building. The 1841 courthouse was destroyed when Union troops burned it in 1862.

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During the Civil War there was little court business conducted, and the county court occupied a tobacco barn in the area of the square. Just after the end of the war a frame courthouse was erected. This was another temporary fix, and in 1870 it was ordered that the county’s fourth courthouse be constructed. The three-story brick building, completed in 1872, displayed Italianate features and the first internal jail on the third floor. The two-story frame building was disassembled and donated to the county poor farm in 1873.

Benton County underwent substantial growth at the end of the 19th century. The construction of the St. Louis San Francisco Railway contributed to the settlement of new towns and the expansion of the fruit industry. These factors contributed to more municipal business taxing the capacity of the courthouse. Three justices appointed to a committee researched the issue of whether to remodel the 1872 courthouse, or suggest new construction. In 1927, the vote for a modern courthouse at a cost of $200,000 was approved by the Levying Court.

Rogers, Arkansas, architect Albert Oscar Clark submitted COUNTY LINES, FALL 2019

AAC

FEATURE

The third-floor courtroom retains a great deal of detail — a paneled judge’s bench flanked by tall wooden pilasters with Ionic capitols,three fan lights that provide a dramatic backdrop to the bench, and a high coffered ceiling.

the final Classical Revival design for the new building. The three-story courthouse, completed in 1928, consists of three bays on the front façade. The center bay features an arcaded porch reached by wide limestone steps. Five arches are articulated by rusticated limestone detail and keystones. The first floor consists of rusticated limestone spans and the second and third floors are veneered in yellow brick. The center bay above the porch is lit by five graceful fan windows flanked by six limestone pilasters. A square limestone panel below the central fan reads “Sovereignty Rests with the People.” A wide limestone frieze beneath a projecting cornice displays a relief carving reading “Benton County Courthouse.” Four squat pilasters rise above the cornice to a stepped pediment, in the center of which is a small limestone date stone with “1928” carved in relief. The pediment is topped with a projecting keystone.

Two side bays flanking the main entry of the façade are mirror images. Windows on the first floor are divided light, while the windows on the second and third floors are one-over-one double-hung openings with fixed transoms. Limestone ornamentation consists of corner pilasters and wide projecting limestone cornices spanning the top floor beneath a brick pediment. The north and south elevations of the courthouse feature projecting center bays and minimal limestone ornamentation.

Additions to the rear of the building obscure the original COUNTY LINES, FALL 2019

detail but match the scale and materials for an appropriate transition. In 1965, a structure for the jail was built behind the courthouse. This was separate until 2000, when the Judicial Tower was added to the rear of the courthouse. At that time the two structures were joined by a breezeway. The back wall and windows of the 1928 courthouse have been retained in a hallway abutting the Judicial Tower. In the 1980s, a one-story juvenile detention center was added to the rear of the jail. The 1965 jail is now the prosecuting attorney’s administrative offices, and the juvenile detention building is used for storage.

The lobby of the courthouse is largely original and features walnut wainscoting and trim. Curving staircases on the north and south sides display cast iron newel posts embellished with floral swags and egg and dart detail. Iron balustrades in a square geometric pattern are topped with wooden handrails.

The Classically detailed third-floor courtroom retains a great deal of detail. The paneled judge’s bench is flanked by tall wooden pilasters with Ionic capitols. Three fan lights provide a dramatic backdrop to the bench. The high coffered ceiling of the courtroom is finished with a pliable rubber covering that mimics the panel and rosette detail of traditional metal ceilings. The material used was an early attempt at sound deadening. It is not known when it was applied, but ornate wooden See

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COURTHOUSE beams are evident under the rubber covering, so it appears to have been a later treatment. Originally, a balcony with a seating capacity of 750 spanned three sides of the courtroom. The balcony was closed off on two sides and reduced on the rear, eastern side, but the historic concrete risers for seating are extant behind the modern partition.

Since the 1928 cornerstone laying, attended by 4,000 people, the Benton County Courthouse has been well maintained. The original intent of the architect A.O. Clark persists due to the efforts of the county to preserve the building. Benton County Judge Barry Moehring said he believes historic buildings are useful buildings, and he sees the courthouse as “vital to our courts system, but also to the cultural and financial well-being of Bentonville…” The preservation of the Benton County Courthouse can be attributed in part to the financial assistance of the Arkansas Historic Preservation Program, a division of the Department of Parks, Heritage and Tourism (formerly the Department of Arkansas Heritage). Since 2001, the department has provided $103,290 in grants to the courthouse for mechanical and electrical improvements.

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A square limestone panel located below the central fan window on the front of the courthouse reads, “Sovereignty Rests with the People.”

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AAC

PHOTO RECAP

Assessors hold 65th annual fall conference Members of the Arkansas County Assessor’s Association met in Springdale/Washington County Oct. 29-Nov. 1, 2019. The meeting included all-day sessions on topics such as leadership, personal property, restructuring income/expense statements and more. The guest speaker was University of Arkansas Gymnastics Coach Jordyn Marie Weiber, who discussed the life lessons she learned after a decades long career in gymnastics.

The assessors also celebrated their outgoing president, Pope County Assessor Dana Baker, and welcomed their 2020 slate of officers.

Miller County Assessor Nancy Herron feeds a carrot to Moe, Washington County Assessor Russell Hill’s pet pig. Moe joined the assessors the first day of their meeting.

The 2020 slate of officers includes, from left to right, district representatives, Washington County Assessor Russell Hill and Pike County Assessor Beckie Alden; Secretary/Treasurer, Ashley County Assessor Beth Rush; Vice President, Jefferson County Assessor Yvonne Humphrey; President, Baxter County Assessor Jayme Nicholson; AAC Board members, Columbia County Assessor Sandra Cawyer and Stone County Assessor Heather Stevens; district representatives, Crittenden County Assessor Kimberly Hollowell and Lee County Assessor Becky Hogan.

The Arkansas chapter of the IAAO recognized Pope County Assessor Dana Baker as the assessor of the year. Chapter President Jimmy Powell presented the award.

Incoming Association President, Baxter County Assessor Jayme Nicholson, accepts the gavel from outgoing Association President, Pope County Assessor Dana Baker.

75 Counties - One Voice COUNTY LINES, FALL 2019

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PHOTO RECAP

About 90 attend judges’ road seminar The County Judges Association of Arkansas (CJAA) hosts a road seminar every two years. The 2019 seminar took place Oct. 15-17 in Heber Springs/Cleburne County. This year’s seminar featured an Unpaved Road Training Track for those who would like to apply for unpaved roads funding.

Other topics ranged from construction law to drug and alcohol testing.

Pictured in the foreground are Dallas County Judge Clark Brent and Columbia County Judge Larry Atkinson. The seminar attracted judges and road foremen.

Above left: Dallas County Road Foreman Dewayne Toney and Jefferson County Director of Roads Rickey Bullard visit during a break. Above right: Engineer Thomas Black with Flood Plain Services delivers the Report on County Road & Bridge Maintenance Needs. Black remained throughout the seminar to participate in several panels and discussions. Left: Several judges and road foremen watch as Arkansas Department of Transportation employees demonstrate a rover used to inspect culverts for damage.

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AAC

PHOTO RECAP Benton County Chief Deputy Circuit Clerk Carl Cartwright and Craighead County Circuit Clerk and Arkansas Circuit Clerks Association Legislative Committee Representative Kyle Sylvester talk.

Arkansas Circuit Clerks Association President and Monroe County Circuit Clerk Alice Smith welcomes meeting attendees.

Circuit Clerks hold meeting in Pulaski County

Circuit clerks chat during a meeting break.

Ashley County Circuit Clerk Vickie Stell and Union County Circuit Clerk Cheryl Wilson smile for a photo.

COUNTY LINES, FALL 2019

The Arkansas Circuit Clerks Association held its fall conference Oct. 9-11, 2019, in Little Rock/Pulaski County. Members covered a full agenda of topics relating to their offices such as materialman’s liens, judicial ethics, record of appeals, bail bonding process, expunged cases and the data tool Tableau. Arkansas State Crime Lab Safety Manager Alex McDonald also gave a presentation on the lab’s operations.

Judicial Discipline and Disability Commission Deputy Director Emily Abbott speaks on judicial ethics.

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AAC

PHOTO RECAP Guardian Users’ Group meets at AAC building

Meeting attendees listen to Guardian RFID Training and Implementation Specialist Greg Piper.

The AAC Risk Management Fund (AACRMF) hosted a Guardian RFID Users’ Conference Oct. 8, 2019, at the AAC building. County law enforcement, and jail administrators and employees, received current information and training on the Guardian RFID system, which is an inmate monitoring system for county jails. Meeting attendees also heard new ideas about how to customize their systems to meet their needs.

Far left: Guardian RFID Training and Implementation Specialist Greg Piper shows how to use the Guardian RFID system on his phone. Left: AAC Member Benefits Manager Becky Comet helps meeting attendees check in.

Above: Meeting attendees listen to the presentation.

Right: Guardian RFID Technical Support Specialist Danna Simpkins shows meeting attendees how to log data in to the Guardian RFID system.

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Greg Piper talks with meeting attendees. A number of law enforcement, and jail administrators and employees attended the meeting at the AAC building.

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AAC

PHOTO RECAP

Treasurers gather in Logan County for fall meeting

Treasurers listen during a session at the Arkansas County Treasurers’ Association conference.

The Arkansas County Treasurers’ Association held its fall meeting Sept.

25-27, 2019, at Mount Magazine Lodge in Logan County. Treasurers covered a variety of timely topics such as budget and revenue projects, audit preparation, combined general fund, record retention, required county services and court orders, and family and medical leave. Attendees also participated in team-building exercises.

Above left: Faulkner County Treasurer Scott Sanson leads a group discussion on timely topics such as preparing for an audit. Above right: St. Francis County Treasurer Tammy Talley and Garland County Treasurer Tim Stockdale chat during a team building game.

Right: Crawford County Treasurer Beverly Pyle chats with AAC Consultant Eddie Jones.

Above left: Arkansas County Treasurers’ Association President Terry McNatt welcomes treasurers to the conference. Above right: Carroll County Treasurer Makita Williams and Miller County Chief Deputy Treasurer Leslie Ross smile for the camera during a team building exercise.

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AAC

PHOTO RECAP Judges elect new officers at fall meeting

District Judge Josh Newton swears in the new officers: President and Polk County Judge Brandon Ellison; 1st Vice President and Lonoke County Judge Doug Erwin; 2nd Vice President and Jackson County Judge Jeff Phillips; and Secretary/Treasurer and Sevier County Judge Greg Ray.

Above: Immediate Past President and Madison County Judge Frank Weaver (middle) stands with Shug Banks Memorial Scholarship winner, Beau Stephens (left) and his father, Clay. Beau is a student at the Boston School of Music.

His father is a road grader operator with Madison County.

The County Judges Association gathered Sept. 23-25, 2019, in Benton/Saline County. The conference began with a Joint Meeting of the Senate and House City, County, and Local committees. The discussion focused on jail overcrowding and jail reimbursement.The conference was followed by a meeting of the Governor’s Task Force on Levees. Judges also elected new officers and executive board members during their conference.

Above: Sebastian County Judge David Hudson (far right) testifies about jail reimbursement before the Joint Meeting of the Senate and House City, County, and Local committees. With him are (from left to right) AAC Legal Counsel Lindsey Bailey, Arkansas Department of Correction Chief of Staff Solomon Graves, and Baxter County Sheriff John Montgomery.

Far left: Former Razorback football player David Bazzel, who now is a radio show co-host and Razorback analyst and reporter for Little Rock’s ABC affiliate, served as the keynote speaker during the luncheon on Tuesday, Sept. 24.

Left: Jefferson County Judge Gerald Robinson was among seven judges to speak to their peers about their energy efficiency and solar energy efforts and the benefits of pursuing such projects.

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COUNTY LINES, FALL 2019

AAC

PHOTO RECAP

County Clerks meet in Craighead County County clerks met in Jonesboro/ Craighead County Sept. 19-20, 2019, for their fall conference.

Attendees were updated on elections, filing for office procedures, best practices for election security, levee district reporting, voting machines and more.

Also, Secretary of State John Thurston swore in the new slate of 2020 association officers.

Secretary of State John Thurston stands with association President, Little River County Clerk Deanna Sivley; Vice President, Cross County Clerk Melanie Winkler; 2nd Vice President, Saline County Clerk Doug Curtis; Secretary, Faulkner County Clerk Margaret Darter; AAC Board member, Polk County Clerk Terri Harrison; Treasurer, Randolph County Clerk Rhonda Blevins; at-large members Greene County Clerk Phyllis Rhynes and Cleveland County Clerk Jimmy Cummings. Not pictured: AAC Board member, Clark County Clerk Rhonda Cole.

Jefferson County Chief Deputy Clerk Tiffany Lowery speaks with State Board of Election Commissioners Director Daniel Shults.

Arkansas Association of County Clerks’ President and Boone County Clerk Crystal Graddy (right) chats with Benton County Clerk Betsy Harrell, Benton County Elections Administrator Dana Caler and Benton County Chief Deputy Clerk Tiffany Underwood.

Pictured are Pope County Clerk Pam Ennis, Hot Spring County Deputy Clerk Patty Griggs and Pope County Chief Deputy Clerk Karri Warren.

COUNTY LINES, FALL 2019

Above left: AAC Legal Counsel Lindsey Bailey speaks.

Above: Secretary of State’s Office Director of Elections Leslie Bellamy gives an elections update. Left: Mississippi County’s Clerk Janice Currie, Chief Deputy Clerk Martha Best and Deputy Clerk Tiffany Baker pose for a photo.

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AAC Risk Management Fund 61 Member Counties Strong!

The AAC Risk Management Fund program offers General Liability, and Auto and Property Protection.

The fund is managed by a board of trustees comprised of your county colleagues. As a member, you help develop the fund’s products to meet the needs of our unique and valued county resources and employees. Our latest added benefit is the Justice Bridge video/audio communication system for law enforcement, prisons and the judiciary.

AACRMF benefits continue to STRENGTHEN the program and SAVE counties across the state hundreds of thousands of dollars.

Other AACRMF benefits Justice Bridge This innovative program is a simple video/audio communication system for use in circuit and district courts, sheriff’s offices, inmate box portals, and state prisons. Benefits include: n Reduced inmate transports to court hearings. n Reduced liability due to vehicular accidents, inmate assaults and medical costs. n Reduced contraband in prisons. n Reduced escape potential; increased public safety.

Codification of county ordinances

n A single-bound volume of your substantive county ordinances gives you easy access.

Partnership with Metro

Drug testing n Free CDL drug testing with participation in the RMF Auto Program.

n Your peace of mind partnership for emergency claim services. RMF members receive priority response with participation in the Property Program.

Guardian Inmate tracking system n 20x faster and more defensible than barcode. n Exclusively endorsed by the National Sheriffs’ Association since 2008, the first product in the world to earn this distinction. n 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 app in corrections, actively deployed in 25 states.

For information: Debbie Norman, RMF Director, (501) 375-8247

Becky Comet, Member Benefits, (501) 372-7550

AAC

NEWS FROM NACO

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.

www.naco.org

You can’t wait to be great Story by Tim Rahschulte For NACo

H

ow often have you been disengaged because you saw others disengaged?

How often have you said or thought that you’re not going to give 100 percent of your skills and abilities because you think your boss is an idiot, your team is just not worth it or you’re not getting paid enough or don’t have the right title or it’s just not worth your time? This is understandable sometimes, but it’s also illogical.

It’s understandable because you want to feel and see a sense of fairness. But we all know that life’s not fair. What you should be aware of is the fact that you’re always being watched. Whether you want to be or not, you are. And more than just being watched, you’re being judged.

You’re being watched all the time, and people are making judgments about you all the time. If you don’t feel that you have a great leader or boss or manager and therefore are not going to show up in a great way, how then do you show up? If it’s not your best, then it’s something closer to average or worse, and that’s how people see you. So, the fact that you’re waiting for someone around

you to be great (or greater) is causing you to not be great. How illogical is that?

You don’t have control over who your boss is. You don’t always have control over who’s on your team. You do, however, have control over how you show up.

If you show up in average ways, you’re going to find averageness all around you.

If you think there’s averageness all around you and you show up in the great way you’re capable of, you’ll start to see the average get better. People aren’t watching you only to make judgments; more likely, they’re watching you to take cues as to how to make sense of a very complex world and, in turn, how to act themselves. When they see mediocrity, they’ll base their expectations around that level of performance and come to believe that averageness is okay, desired or maybe even the best that’s possible.

Ryan Russell, who leads the humancentered design work at Amazon, reminded me that there’s a big difference in knowing the difference between average and great. He said, “When you have great people, you attract great people.

Great people make people feel great.”

That, in part, is what the best leaders do. And it’s what the best followers do, too. Through our actions, we help enable people to do great things and in

that process, we attract great people, and they also attract great people. If we have an average manager, we can help that person get better. If we have an average teammate, we can help that person get better. But we can help them get better only if we choose to be great all the time.

Remember, excellence is not an exception. You can’t wait to have a great leader or great teammates for you to show up in a great way. Make the conscious decision to show up great and to be great all the time. Now you might think that “all the time” is a lot. Yes, it is. The greatest leaders know that the best never give up their enthusiasm to be great and to do great things. They make the decision to be great every day.

Louie Ehrlich, the former president and chief information officer at Chevron said, “Everything you do has an influence, whether you like it or not.”

There’s no escaping that fact as a leader.

You’re always being watched, and your actions are always influencing others.

Tim Rahschulte is the CEO of the Professional Development Academy and chief architect of the NACo High Performance Leadership Program (www.naco.org/skills).

He is the co-author of “My Best Advice: Proven Rules for Effective Leadership.”

www.arcounties.org COUNTY LINES, FALL 2019

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AAC

STAFF PROFILE RECEPTIONIST – DEANN CAMPBELL

Family information: I was born at Little Rock Air Force Base and have lived in several states with my family. When my father retired from the Air Force we moved back to Sherwood from Syracuse, New York.

I have two wonderful sisters, Debbie and Sharon. I graduated from Sylvan Hills High School in 1983, and married my high school sweetheart, Mike, in 1987.

At the top of my bucket list is to: Travel the United States and also go to a working ranch and do a cattle drive.

The hardest thing I have ever done is: Learn to keep my seat in a saddle and ride a horse without bouncing everywhere. My friends’ kids always wanted to run the horses on the trails, and if you wanted to keep up — and my horse wanted to keep up — you had to learn quickly to ride.

My favorite meal: Pretty much anything that someone else cooks. You can ask my husband — I am not the best cook, but I am great at cleaning up the kitchen.

You might be surpised to learn that: I rode in Saturday night horse shows, competed in barrel racing, keyhole, pole bending and reining. I was not always the best, but I always had a great time hanging out with friends. I also did outdoor photography and was published and won first place in two local competitions.

Deann When I’m not working I’m: HuntCampb ell ing and fishing with my husband. If I’m not doing these, I’m mowing the lawn or playing with our dog, Sugar. I also enjoy sewing quilts and baby bibs, reading, making bracelets, spending time with my My pet peeve is: When people are rude, inconsiderate family and going to my eldest great niece’s volleyball games. and treat others as if they are better than them.

The accomplishments of which I am most proud: Sewing a close to perfect quilt on my sewing machine. It’s not as easy as people think. I have not mastered the art of actual quilting, but that is something I really want to learn. Someday I will have room for a long arm in my house instead of sending out to be quilted.

How long have you been at the AAC, and what do you like most about your position? I began at AAC in September. I enjoy working alongside dedicated people who have the counties’ best interest at heart. Since day one, the staff has made me feel welcome and a part of the AAC family.

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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.

COUNTY LINES, FALL 2019

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