Spring 2016 County Lines by associationofarkansascounties

County Lines SPRING 2016 The Official Publication of the Association of Arkansas Counties

County Turnback:

Payment for state services administered at county level. Page 18

ADEM Director

to retire this summer

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for the public sector

in Randoph County

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amily

nd & Frie

In This Issue

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Retiring ADEM Director David Maxwell reflects on his career, relationship with counties.

n decade ow a , after g lead relax rn to director nt ndto in , and retire manageme Stella res cy en prepa erg d For t Ree

s ty Line Coun ent Managem

which rtment,he took re

the depa

befo state-ofcy net back to years ed Maxw state’s em nifer Bar artment of Emergen stability in the two y need inson. He p Rob ionships broughtdirectors tion of a badl as Dep David By Jen at Cam nt’s relat ugh a truc Story Maxwell three Arkansas

ity of idecade, throughsaw the consent facil departme gone thro Courtesy gone the had also term as pres and Photos He over managem the state had h how disaster, the post. rgency into repairing ciation, to es, whic a one-year of art eme effort planning ty judg served ctor ent Asso related ble for eivable kindent Dire if ” the- a lot of ’s 75 counyears. He Managemcommittees put Arkansas a few ded responsi conc Managem the “what nal rgency r inten man to every cy in with stretch for onal Emeber of natio s the ond y the who neve Emergen to live Nati a man . will resp ent of has learnedfuture. ly rooted in ter rock of the d on a num 6 er for work ent. dent disas Departm 201 Maxwell aginable ined firmt lines of le who he has servemanagem shed careent his life’s TER cy distingui agem David of an unim ’s rema the fron erate peop WIN ty emergen ES, man world of him thatspent on desp intIt’s a pret rgency TY LIN he t with alf to make eme e’s a partthe years was appo s spen CO UN he -a-h ther noon to er. after But well — -and that real after gs bett 10 years e and nine hat. In past as , to very make thin 30, Huckabe up his responseto him to to retire June Mike to hang . ed set ned look well is er Gov Max tor by form inally plan orig ed direcafter he’d s year

SPRING 2016

Features Pulaski County honors fallen deputies.....................................................................11 Former Conway police chief named new ADEM director......................................29 Individual assistance available to residents of 11 flooded counties..................33

Inside Look Risk Management Services holds safety meeting.................................................39

The federal salary threshold increase and implications for public sector.

Quorum Court Association annual meeting at AAC...............................................40 Collectors come together in Eureka Springs...........................................................42 County clerks hold meeting in Spa City....................................................................43 Coroners offer MDI course..........................................................................................44

North Little Rock site of circuit clerks meeting.......................................................45 Assessors meeting held over two days.....................................................................46 AAC staff profile: Karan Skarda.................................................................................47 AAC staff profile: Ellen Wood......................................................................................47

Departments From the Director’s Desk............................................................................................... 7 C AA

Family

Above:

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” Randolp

The “Old

President’s Perspective................................................................................................. 9

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From the Governor........................................................................................................11

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, mov the ally Jeff tas is ses, one building Gen. M. was captured ces were structur gly Offi Pocahon thou federate racy” — barely. increasin collapsed. e-style mas er seat of county courthe Arkansas e me cent anat but just Confede ric g ties to Courthouse County as it beca structur by an Italiated in the features l War ndolph two histo County the Arka e of Civi ng the warthe two-storysame site1875. Situ building ows, he Ran one, but icularly stron ram’s duri 1870 story wind the on the 2 and of not h has part tion Prog funds from erve som er of narrow and in replaced een 187 re, the twoof whic Preserva, which uses ncil to pres It was built betw town squaover the tall,la in the cent in the s Cou ram ay of s Historic t prog Resource dings. foundedRiver to terpiecePocahontasd molding a tall cupo A. McK John ion GranCultural public buil nville was Black Gov. 6 of the brick hoo quoins and roversy. 201 Restorat ral and asured Davidso ed on the Arkansas s heavy e brick TER out cont rativ e. sas Natu ’s most-tree time thatBettis settl . Futurethe late 1820 WIN with with deco not ed ES, structur was Arkansasnd the sam Ransom d Bettis Bluffthere in boom , TY LIN Arou century, ity calle a business a. The town 29, 1835Bluff, roofConstruction CO UN d erell on Oct. Bettis ent. early 19tha commun nty. establishe Cind , and establish S. Drew is’s daughter,c in 1829 rence Cou of governm Thomas ried Bett boat traffi from Lawme the seat and mar al of steam separated tas, beca the arriv h County e Pocahon Randolp new nam with the

Randolph County is home to two historic courthouses.

Attorney General Opinions..........................................................................................12 Legislative Lines............................................................................................................13 Governmental Affairs...................................................................................................15 Legal Corner...................................................................................................................16 Seems to Me..................................................................................................................18 County Law Update.......................................................................................................23 Savings Times 2............................................................................................................24 NACo News Updates.....................................................................................................49

Cover Notes: County Turnback o, who pays the bills for county government operations in Arkansas? For the most part counties do. They

pay the bills with revenues derived from property taxes, sales and use taxes, fees, fines, costs and other sources of revenue. However, the state of Arkansas does provide county aid, known at the local level as general revenue turnback, and a few other sources of revenue to help offset the costs of state mandates on the county. County aid is not a grant. It is payment for state services administered at the county level.

Read more about county turnback on page 18.

COUNTY LINES, SPRING 2016

“

(Photo by Randy Kemp)

The average inflation rate from 1980 through

2015 was 3.37 percent. If counties had received an

inflation adjustment of only 3 percent during that time frame, the county aid appropriation

”

for 2016-17 would be $54,705,725.

— Eddie Jones AAC Consultant

Calendar

Events

June 22-24 Treasurers Holiday Inn, Texarkana

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2016

July 5-7 Sheriffs Statehouse Convention Center, Little Rock July 12-14 County Clerks Holiday Inn, Texarkana

Sept. 21-23 Treasurers Embassy Suites, Little Rock Sept. 28-30 Judges Wyndham, North Little Rock Oct. 12-14 Circuit Clerks Holiday Inn, Texarkana

Aug. 24-26 AAC Annual Conference Embassy Suites, Hot Springs Calendar activities also are posted on our Web site:

Sept. 7-9 County Clerks Holiday Inn, Magnolia

CONTACT AAC

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

www.arcounties.org

Karan Skarda, ACE Program Coordinator kskarda@arcounties.org

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

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

Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org

Lindsey Bailey, Legal Counsel lbailey@arcounties.org

Cindy Posey, Accountant cposey@arcounties.org

Mark Harrell, IT Manager mharrell@arcounties.org

Chris Villines, Executive Director cvillines@arcounties.org

Jeanne Hunt, Executive Assistant

Christy L. Smith, Communications Coordinator

csmith@arcounties.org

Elizabeth Sullivan, Secretary/Receptionist

esullivan@arcounties.org

jhunt@arcounties.org

Whitney Barket, Executive Assistant wbarket@arcounties.org

Brenda Emerson, ACE Program Coordinator bemerson@arcounties.org

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

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Mission Statement: The Association of Arkansas Counties

he Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district officials. The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office. Debbie Lakey, Workers’ Comp Claims Manager dlakey@aacrms.com Cathy Perry, Administrative Assist./Claims Analyst cperry@aacrms.com Kim Nash, Workers Comp Claims Adjuster knash@aacrms.com Renee Turner, Workers Comp Claims Examiner rturner@aacrms.com Riley Groover, Claims Analyst rgroover@aacrms.com Greg Hunt, Claims Analyst ghunt@aacrms.com Kim Mitchell, Administrative Assistant kmitchell@aacrms.com Brandy McAllister, RMS Counsel bmcallister@arcounties.org Becky Comet, Member Benefits Manager bcomet@arcounties.org Barry Burkett, Loss Control Specialist bburkett@aacrms.com Karen Bell, Administrative Assistant kbell@aacrms.com Ellen Wood, Admin. Assistant/Receptionist ewood@aacrms.com

COUNTY LINES, SPRING 2016

Director’s

Desk

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County Lines Magazine

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

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

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

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

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

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

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

COUNTY LINES, SPRING 2016

Summer brings new season for dedicated two

Director’s Desk

ummer is quickly upon us, and it signifies so much that is fun about life in Arkansas. This time of year many of us take time with family and friends to enjoy a week or weekChris Villines ends in the beauty that our state holds. It is a time AAC when we take hard-earned money saved up throughExecutive Director out the year to “Explore the Possibilities” — yes, that was a gratuitous AAC Conference plug — and enjoy some time off. As a metaphor for life, summer is a lot like retirement. It is a season within which to parlay a career well lived into time of enjoyment with family and friends. For the county family, this rings particularly true right now as two of our favorite workers slip into a new stage of life on July 1 — their summer, if you will — and we wish them the happiest of times as they do so. Jeanne Hunt will tell you that when she started her career at the Association of Arkansas Counties in 1982 she was 7 years old and, judging by the charisma and energy she possesses, it would be easily believable. As an executive assistant, she has worked with five different executive directors. There has never been and there likely will never be another employee with this organization that will come close to her 34 years of service. Through those years she has been an integral part of AAC’s transformation into the strong and healthy organization it is today. She has survived two additions to the original headquarters and at least 44 regular, fiscal and special sessions. And, as I joke, it took me becoming executive director to finally give her enough to leave! When she started, there was no Risk Management Program and no Worker’s Compensation Program — just one small building facing Victory Street, five employees and a vision to create an association that could help counties with their needs. Today, we have 26 full-time employees located in facilities to be proud of, with robust member programs and the ability to do a great number of things to serve all of our counties. Tens of thousands of county employees have through the years availed themselves of our services and facilities. We receive many compliments on both — from a great conference room to a wonderfully comfortable courtyard and from services and programs that treat county employees with respect to a first-class system of membership involvement and communication. These things would not exist were it not for Jeanne, and every day I am here I see her fingerprints on facilities and services that have made the AAC a success. On a personal note, she has been a friend who protects me and skillfully handles duties like our annual conference. I’d say she does so with ease, but it only looks that way. The work that goes into things like our annual conferences, board meetings and new elects seminars is incredible — and incred>>> 7

Director’s

Desk

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ibly stressful at times. To say that Jeanne will be missed around here is a tremendous understatement, and to not have her wisdom, discernment and years of experience gives me great pause. As if one retirement isn’t enough, we also will bid adieu to Brenda Emerson who county government knows affectionately as “Emmy.” When Emmy started in 2003 as a receptionist at AAC, she brought with her a harmonizing personality and organizational skills that set her apart. Even her name was a perfect fit here; the reason she is called “Emmy” is because we already had two staff members named Brenda. As many of you are aware, in 2011 we created the inhouse continuing education program that benefits most of our groups. This new program could only be effective if the right person led the charge, and Emmy was the perfect fit. Emmy has created a first-class program, and I constantly hear praise from all of you regarding our meetings. It has been hard work to create a new program like the ACE Continuing Education Program, but Emmy has handled it skillfully, and she has truly enjoyed her service in this role. She has developed list servs and worked closely with the entire policy team to make sure that we are pointed in the right direction at all times. And Emmy

has always been willing to go above and beyond what is expected to make sure that all of you are taken care of. Maybe the one thing I appreciate above all else is this: Emmy has never let a situation get to her. She simply works through it and keeps a positive attitude throughout. Continuing education has the propensity to grow stale. Similar meetings year after year can become boring and drag attendance, but with Emmy we have all benefitted from fresh speakers and new ideas that continue to fan our collective flames to come to these meetings. To Jeanne and Emmy, on behalf of the AAC staff and county employees past and present, job well done. We all move forward in a spirit of bittersweet, a place where we are excited for you and your future … but with a tinge of sadness that we continue to fight daily battles without you at our side. We have learned from both of you — learned that your service to others is something that inspires us and continues in our hearts. You are forever a part of the county government DNA, and we congratulate you on jobs well done. You have earned this stage in life, and you have both soared above average. As Henry David Thoreau penned, “What is once well done is done forever.” Thank you both.

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Counties: the bridge connecting state government to the people

he Association of Arkansas Counties stakeholders and staff have dutifully navigated a so-called off year in the legislature so far in 2016. This even year has offered not only a fiscal session, but also two special sessions in which counties were heavily involved in shaping policy and working with legislators on a multitude of issues and challenges. The first special session paved the way for the policy of Arkansas Works (Arkansas’ version of Medicaid expansion). The second piece of the puzzle — legislative approval of the state budget — was realized after frenzied political action surrounding Arkansas Works in the fiscal session. In the end, the Revenue Stabilization Act was passed, Arkansas Works lived, and a bunch of worst-case financial scenarios did not become reality. The second extraordinary session couched as a highway funding session became a catchall mini regular session by all our accounts. The legislature approved and debated 14 different topics on the call. They passed 13 of them. And to think the 91st General Assembly will convene before we know it early in 2017. Let us not forget during the last regular session we tracked more than 800 bills. The AAC board, staff and members consistently aim to educate about counties’ role in state government — and for good reason. It is imperative we share our story with our constituents and legislators. We are where the rubber meets the road in local and state government service delivery. Our school districts and various other taxing agents depend on our assessments, collections and distribution of funds. Our rural communities are able to function thanks to county roads that connect them and their goods to markets. The estimated 50,000 miles of county roads and the more than 3,000 bridges help deliver our children to and from school five days a week. Our sheriffs departments across the state help ensure public safety by patrolling our neighborhoods, taking bad guys off the streets and managing jails. By the way, there’s not a bunch of people standing in line to run a jail. It’s tough work, but our counties

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President’s Perspective

do it. Our country is gearing up for a historical general election in November, and counties will be instrumental in executing a fair and efficient election. I could go on and on, but the point is — counties are interwoven into Judy Beth Hutcherson the fabric of our state governAAC Board President; ment. There’s so much to county Clark County Treasurer government that even a seasoned public official like myself learns something everyday. In our effort to better educate our state about counties, we have developed some helpful tools, such as updated policy briefs, one pagers and infographics, including various data about counties. A recent one pager concerning rural road infrastructure can be found on page 38. More than 1,100 county bridges have been deemed structurally obsolete or deficient. Many of us don’t give the bridges we drive across everyday much thought, but next time you drive to work or church or school, count the secondary road bridges you use on just that one trip. Imagine how your quality of life would be adjusted if some of those bridges failed. We would all certainly give bridges more thought in that scenario. Our aging rural infrastructure is just one county challenge. In many ways, counties are the bridge connecting state government to the people of Arkansas. And many residents don’t give that bridge much thought. We hope to help change that. Judy Beth Hutcherson Clark County Treasurer / AAC Board President

Judy Beth Hutcherson

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

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Medical schools expand in Arkansas

wenty-three year-old Jackson Bagby from Van Buren grew up with a desire to become a physician. When he graduated from the University of Central Arkansas, he knew he wanted to go into osteopathic medicine. He began researching osteopathic programs outside of Arkansas, but, when Arkansas State University announced plans for a college of medicine on its campus, Jackson knew exactly where he was meant to be. He was accepted into the school’s first class of students, beginning this fall. Jackson says he’s “an Arkansan through and through,” and that his love for Arkansas has made him even more committed to learning and practicing medicine in the Delta Region. The Delta Region isn’t the only portion of Arkansas that will benefit from the educational opportunities of future medical professionals. In April, the Arkansas College of Osteopathic Medicine in Fort Smith received pre-accreditation to begin recruiting its first class. The inaugural class of the Fort Smith medical school is predicted to have 150 students and will begin in August of 2017. According to the U.S. Office of Management & Budget, a rural area is classified as having fewer that 50,000 people in one city. In the United States, 77 percent of rural counties are facing a shortage of primary-care providers, and 8 percent don’t even have a single primary-care physician. With nearly 45 percent of our state’s population residing in rural areas, some Arkansans experience difficulty accessing healthcare due to a shortage of medical health professionals in their region. We are working diligently to ensure that this will soon be a thing of the past. Studies show that eighty percent of medical professionals remain in the region of their first job or residency. With our state’s flagship medical school, the University of Arkansas for Medical Sciences (UAMS), and with the establishment of two new osteopathic medical schools, Arkansas’ network of medical professionals is growing rapidly. [Recently], I traveled to Jonesboro for the rededication of Arkansas State University’s Wilson Hall, the newly renovated home to our state’s second medical school, the NYIT College of

From The

Osteopathic Medicine. Governor NYIT at Arkansas State will further help meet the health needs of Arkansans by strengthening our state’s ability to train future medical health professionals. Already, the school has accepted 124 students and the current waitlist sits at around 150 applicants. Additionally, 48 percent of the students accepted to be in the first incoming class are Arkansans. Together, with UAMS, and the adHon. ASA ditions of two more medical schools HuTCHINSON in Jonesboro and Forth Smith, we Governor of Arkansas are providing an excellent opportunity for our state to address a shortage of medical health professionals and become a frontrunner in higher education for medicine and science. Higher education should be in the business of meeting the needs of Arkansas; both new and established institutions for medical education throughout our state are doing just that. As one of A-State’s newest medical students, Jackson Bagby said, “The thing about medical school is that it’s your first step to pursuing a career in lifelong service. I’m taking step one in learning how to change lives for the better.” As Governor, I will continue working with our higher education entities to ensure we retain talented medical students, like Jackson, here in the great state of Arkansas. while still allowing Arkansans to enjoy savings at the pump. A little extra pocket change can go a long way.

Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas

Pulaski County Sheriff’s Office honors fallen deputies

The Pulaski County Sheriff’s Office held a memorial on May 10, 2016, to honor four deputies killed in the line of the duty: Deputy Wayne Martin Bryant Jr., Deputy James Addison Avant, Deputy James Brooks Jackson and Chief Deputy Barney Stiel. Deputy Bryant was shot and killed on March 18, 1988, while responding to a disturbance call. He had served with the agency for two years. Deputy Avant, along with Investigator Kevin Brosch of the Jefferson County Sheriff’s Department and Trooper Charles Bassing of the Arkansas State Police, was killed in a helicopter accident on July 24, 1986. The three officers were being trained by the U.S. Drug Enforcement Administration as spotters for a marijuana eradication program. Deputy Jackson was shot and killed on Dec. 28, 1941, and Chief Deputy Barney Stiel was shot and killed Sept. 26, 1911, as he helped Desha County Sheriff William Preston serve arrest warrants on two brothers. The memorial, which was dedicated in July 2007, is located in front of the Pulaski County Sheriff’s Office Administration Building and bears the names and dates of death of these deputies. — Photo by Deputy Angela Palmer-Lett, Pulaski County Sheriff’s Office

COUNTY LINES, SPRING 2016

AAC

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AG Opinions: Wet/dry petitions to jail reimbursement funds AG OPINION NO. 2015-133

The AG concluded that petitions signed under prior law on a wet/dry issue could not be submitted and counted under a new and materially different law. The General Assembly reduced the signature requirements for wet/dry petitions from 38 percent to 15 percent and also amended the text of the measure reflected on the petitions. Those signing the original petition were declaring their support for a measure that was materially different from those signing petitions signed under the new act. The AG further explained that the signatures collected under the text of the original petition did not strictly comply with the text of the measure to be adopted. Therefore, the court would have little difficultly concluding that signatures collected under the prior law, before the amended law and text, cannot support holding an election under ACA § 3-8-602 as amended.

AG OPINION NO. 2016-001

The AG addressed questions regarding special school millage elections. The AG determined that a school may conduct a school millage election under ACA § 6-14-102(b) on the same day as the preferential primary. The AG noted that the law requires approval by the Commissioner of Education. The AG also determined that ACA § 6-14-102(b)(2) requires the school millage to be included as a single issue on a separate ballot (apart from the party primary ballots and the nonpartisan

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ballot). The AG concluded that a court would hold that the requirement of a school election law (under title 6) that no other issues appear on the ballot (and thus a separate ballot is required) supersedes the requirement of general election law (under title 7) that all questions appear on the party and nonpartisan ballots. The AG explained that when statutes conflict on the same subject matter, the more specific provisions of law prevail over the general provisions of law.

AG OPINION NO. 2015-131

Amendment 79 of the Arkansas Constitution adopted an annual credit against the ad valorem property tax on a homestead of not less than $300. The General Assembly increased the credit to $350 in 2009. The AG explained that a person who lives in a house they don’t own (a relative of the deceased landowners) is not entitled to the homestead credit. ACA § 26-26-1122 defines “property owner” as: an owner of record, a mortgagee, a buyer under a recorded contract to purchase, a person holding a recorded life-estate or under certain circumstances, etc. The AG further indicated that the opinion is consistent with the published guidance of the ACD and ACD’s guidelines in the areas of assessment, equalization, and collection of taxes should be afforded deference as provided by ACA § 26-24-106.

AG OPINION NO. 2015-123

The Attorney General addressed wheth-

AG Opinions

er the Arkansas De p a r t m e n t of Corrections (ADC) can use funds appropriated by the General Assembly Mark Whitmore for reimbursAAC Chief Counsel ing counties for holding state inmates from County Jail Reimbursement Fund to make payment to contractors holding inmates for the ADC out of state. The AG explained that the General Assembly appropriation for county jail back up under ACA § 19-5-1045 is for “reimbursing counties for housing prisoners” sentenced to the ADC. It does not allow ADC to use the appropriation for another purpose or another entity. Also, ACA § 12-27-114(b) explicitly directs the payments under the fund be based upon certified invoices by the county as to the number of days that inmates were held in the county jail. The AG made clear the ADC cannot use funds expressly to be used to reimburse counties to satisfy ADC contractual obligations for holding inmates with private contractors (in state or out of state). The AG also noted that AG Opinion No. 2013-058 made clear that the authority of county sheriffs to transfer a state inmate is generally limited to another county or regional jail in Arkansas (not to a jail or detention facility out of state).

COUNTY LINES, SPRING 2016

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A look ahead

he Association of Arkansas Counties’ member associations have been working on their respective legislative packages for sometime and will have most of the finishing touches developed by July. As a matter of protocol, each member association will have them ironed out before our annual conference. This year’s conference will celebrate 48 years on August 24-26 in Hot Springs. The AAC board will ultimately approve the AAC’s collective policy pursuits in the early fall. During the next several weeks many details will come to fruition as we work through needed changes in Arkansas law concerning almost all facets of county government. We also will begin to launch media and social media campaigns embedded in educating the electorate, legislators and other state leaders on the inner workings of county government and our close relationship and role in providing state-mandated services. During this time, we will distribute information concerning county turnback funding vs. mandated services; rural infrastructure needs, including roads and Internet connectivity; public safety necessities such as 911 structure and funding and criminal justice reform, which goes hand in hand with crisis intervention units and training and regional prisons. We also look forward to discussing these issues and more with the members of the House and Senate City, County and Local Affairs Committees at our conference later this summer. The theme for conference is “Arkansas Counties — Explore the Possibilities.” Online registration is now available for those who want to pay via credit card at www.arcounties.org. Or you may also simply print out the form and send it in with your check. The 18th Annual AAC Golf Tournament benefiting the Randy Kemp Memorial Scholarship Fund will be held Tuesday, August 23, at the Ponce de Leon Golf Club in Hot Springs Village. Go to our web site for more details and to access the paper registration form as well as online registration. Golfers will enjoy range balls, lunch, cart, hole prizes, door prizes, fellowship and a great course all for a great cause. We are also still seeking sponsorships. Contact

Karan Skarda at kskarda@arcounties.org for more information. AAC recently hosted a retirement celebration for its Executive Assistant Jeanne Hunt and ACE Program Coordinator Brenda “Emmy” Emerson. Jeanne has served counties for 34 years, while Emmy has served for 13 years. We all will certainly miss these two ladies and appreciate their dedication and professionalism to AAC’s stakeholders. We also officially welcome Whitney Barket, executive assistant, and Karan Skarda, ACE Program coordinator, to the team. These two have trained with their predecessors for a couple months now, and we encourage you to meet and welcome them if you have not already.

Legislative lines

Scott perkins

Legislative and Communications Director

DOL new rule on overtime to begin Dec. 1, 2016 Many of you have heard of the Department of Labor’s new rule on exempt employees and most certainly have questions and concerns. Readers will find an overview of the rule on page 30 of this edition. AAC will announce a seminar to be held at AAC headquarters soon. The bottom line — the federal government has released a new threshold defining an exempt employee. The new magic number is $913 per week or $46,476 per year. The previous earnings threshold was less than $27,000 per year for an employee to be considered exempt from overtime. The duties test that many of you already utilize to help determine exempt status remains intact and still anchors on three definitions: executive, administrative and professional. AAC will present on all the definitions and discuss plans of action in the upcoming seminar on the new rule.

Online

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

@75arcounties

COUNTY LINES, SPRING 2016

Order your signed Arkansas flag print today! AACto is now selling a limited number of Arkansas Flag Print Benefit signed prints to benefit the Charlie Gage Greer Scholarship Fund. Charlie Gage Charlie Gage Greer Scholarship Fund

is the son of former AAC Legal Counsel Cost for each print Jonathan Greer, whounframed passed away in 2015.

is $100. Sorry, credit cards The prints are a reproduction of the are not accepted.

painting AAC commissioned to hang in the Greer Memorial Library at AAC headquarters.

Make checks payable to: Charlie Gage Scholarship Fund Each 18” Greer x 24” print is unframed. Cost is $100 each. Mail check and this order form to:

Make checksAssociation payable to: of Arkansas Counties Charlie Gage Greer Scholarship Fund Attn: Elizabeth Sullivan Mail check and this order form 1415to:W. Third St. Association of Arkansas Counties Little Rock, AR 72201 1415 W. Third St. Little Rock, AR 72201

Name Mailing address City

State

Email address Number of prints being ordered

Zip Code

Phone number x $100

Amount of check

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Counties discuss common problems, reach solutions at continuing education meetings

ne thing I was not aware of when I arrived at the Association of Arkansas Counties was the importance of continuing education for county officials. I quickly came to realize that continuing education meetings are the cornerstone for collaborating county officials. One of my first weeks on the job, I was in Texarkana for the collectors’ continuing education meeting when multiple items were being discussed. One of the leading topics was regarding issues with how the state works with the counties — specifically the Department of Finance and Administration (DFA) working with the collectors through the Department of Motor Vehicles (DMV). This topic arose from a group discussion of multiple collectors who identified questions for DFA. The following week I set up a meeting with DFA, and we talked through the issues, and they answered our questions. This was a good example of officials collaborating to solve problems with the state. The AAC works with Auditor of State Andrea Lea’s office to administer continuing education for the county clerks, circuit clerks, county treasurers, county collectors and county coroners. For many of these groups, the attendance has sky rocketed. More county officials coming together and working to solve problems for their county is always productive. One popular session that takes place at these meetings is a roundtable discussion or a Q&A with a panel of experts. We hear how productive and informative these sessions are on a regular basis from our evaluation forms. Relationships and an open line of communication make you more accountable to your colleagues. The associations’ list servs are an electronic form of continuing education — and a line of communication that is always open. Some groups utilize the email chain very well, providing for an open dialog 24/7 for any elected official to ask questions of other counties. It is also great to see people highlighting the accomplishments of specific counties or seeing good news from the different offices. Each county pays dues to the state in order to be a part of the continuing education meetings. These funds go toward paying mileage, hotel rooms, food and speakers. The appropriation for the current fiscal year is $60,000, which is included in the Auditor of State’s budget. Most of these groups have a relatively large carryforward balance they cannot use because of the appropria-

Governmental Affairs

tions limit of $60,000. During the Fiscal Session of the 90th General Assembly, the AAC worked with state Rep. Douglas House, vice chairman of the Joint Budget Committee, and Auditor Lea to increase the appropriation from $60,000 to $75,000. “One of my favorite aspects of being Auditor of State is the close partnership my office has with county Josh Curtis officials. Working together, we are Governmental Affairs stronger public servants for the conDirector stituents we serve and at the end of the day that’s what matters most,” Auditor Lea said. The new appropriation for the five continuing education groups is reflected in Act 237 of 2016, which takes effect July 1 of this year. We have 75 different counties in Arkansas. They are different in size, population, employees and revenue. They all have the exact same goals and job duties, and they are governed by the same set of laws. How they achieve these goals and follow the law could vary from county to county. Benton County, with a population of more than 220,000, is completely different from Dallas County, with a population of less than 9,000. Just like in the private sector, a small company may offer the same product as a large company but accomplish the outcome in a different way. “Caucus by County Classification,” a roundtable discussion we have during the continuing education meetings, is one way to accommodate for this among our various-sized counties. The goal of this caucus is to get counties with similar dynamics to talk about common problems and reach solutions together. I believe the more our counties are alike, the easier it is to improve efficiencies and streamline services together. One issue we always articulate to lawmakers is that a one-size-fits-all approach is not always best. This is similar to the federal government overstepping and imposing new rules and regulations on states. County officials who attend continuing education meetings are at the frontline of identifying problems and creating solutions.

48th ANNUAL CONFERENCE Hot Springs Convention Center August 24-26, 2016

Turn to page 36 for details. COUNTY LINES, SPRING 2016

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Arkansas ‘Sunshine Law’ among the broadest in the nation

he “public records” provisions of the Arkansas Freedom of Information Act (FOIA) are among the most sweeping in the country, making the eligible Arkansas government and public offices some of the most transparent. Its broad definition of what constitutes a public record, along with its rigid three-day maximum response time, make the inner workings of Arkansas public and government offices among the most accessible in the country. The Arkansas FOIA, first passed in 1967 upon the signature of Gov. Winthrop Rockefeller, allows any citizen of the state of Arkansas the right to inspect and copy qualifying public records by submitting a request to the custodian of the records. The drafters of FOIA recognized that “[i]t is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy,” and passed a broad, sweeping transparency act to meet this need. The Act has since been heavily amended in response to privacy, public safety and other concerns. What is a “public record?” For FOIA purposes, a “public record” is defined as:

Writings, recorded sounds, films, tapes, electronic or computer based information, or data compilations in any medium, required by law to be kept or otherwise kept, and that constitute a record of the performance or lack of performance of official functions that are or should be carried out by a public official or employee, a governmental agency, or any other agency or improvement district that is wholly or partially supported by public funds or expending public funds. All records maintained in public offices or by public employees within the scope of their employment shall be presumed to be public records. FOIA then sets forth 23 exemptions that are not considered “public records,” including personnel records that might warrant an invasion of privacy and records related to open criminal investigations, among others [ACA § 25-19-105(b)(2014 & Supp. 2015)]. These exemptions are narrow in scope, and if a request does not fall squarely within one of the exemptions, it is subject to disclosure. Furthermore, requests that are ambiguous or fall in the “gray area” should be interpreted in favor of disclosure. E-mails, as well as other written or recorded communications that are reasonably related to the scope of a public official or employee’s employment are subject to disclosure. The fact that an e-mail is sent from an official or personal e-mail account, or is sent or received on a work or personal computer, makes no difference. It is the subject of the record that determines whether the record should be disclosed. The fact that a record may include 16

Legal Corner

some exempt information does not exempt an entire record; exempt information should be redacted, and the rest of the document produced at a citizen’s request. Who may request a public record, and how may a person request it? LINDSEY BAILEY “Any citizen of the state of ArkanGeneral Counsel sas” may request to inspect and copy records, including any Arkansas corporation. Similar in-state residency requirements have been challenged in the courts in other circuits. While the Third Circuit Court of Appeals (a circuit that is non-binding on the courts of Arkansas) struck down Delaware’s residency requirement as unconstitutional in 2006, the U.S. Supreme Court in 2013 effectively overruled the Third Circuit by unanimously ruling that “Virginia’s citizens-only FOIA provision neither abridges any ... fundamental privileges and immunities nor impermissibly regulates commerce” [McBurney v. Young, 133 S. Ct. 1709 (2013)]. Therefore, under current case law, the residence requirement to request public records under Arkansas FOIA stands. A citizen should direct his request to inspect public records to the “custodian” of the public records. The custodian is defined as “the person having administrative control of that record,” and not a “person who holds public records solely for the purposes of storage, safekeeping or data processing for others.” A request may be directed to the custodian of records either in person, by telephone, fax, e-mail, letter, or via the Internet if the custodian has created an avenue for online inquiries. Duties of the custodian upon receiving a request for public records Arkansas FOIA allows a citizen to inspect and copy any public records held by a qualifying custodian; however, the law does not require a custodian to compile a record that does not already exist. Additionally, a custodian cannot be compelled to convert an existing record into a requested format for which conversion is not relatively simple or the required equipment readily available. The custodian can also charge the requester for the actual cost of producing copies of public records, including paper, ink, mailing, and machine maintenance costs, but may not charge for the cost of personnel time (there is a narrow exception that allows a custodian to charge for personnel time if electronic records that take more than two hours to process are requested). If this charge See

“PUBLIC RECORDS” on

Page 17

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Public Records exceeds $25, then the custodian may require payment before fulfilling the request. Arkansas FOIA touts one of the strictest response time limits in the nation. It states that the public records must be made available to a citizen “immediately.” However, if the records are in “active use or storage,” the custodian has up to three working days to make the records available for inspection. This three-day allowance has been construed broadly and is generally accepted as the time limit for most requests. The majority of other states either have no specified time limit to respond, allow for a response time of 10 days or more, or alternatively, have an optional time extension that can be activated if a request is one that requires extensive time, personnel, or resources to complete. However, Arkansas’s three-day time limit is without exceptions, even if a request would place an undue burden on the custodian. It is not unusual for a county elected official and one or more employees to spend three working days, sometimes working overtime, to fulfill extensive public record requests, all while trying to maintain the functions of the office at the same time. Likewise, the custodian has no discretion to deny the request if he or she

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does not agree with the motive or reason behind the request. And if the records pertain to the performance or lack of performance of a public employee, they must be disclosed. One issue currently being litigated is whether a custodian can reject a request on the grounds that the request is not “sufficiently specific to enable the custodian to locate the records with reasonable effort” as is required under ACA § 25-19-105(a)(2) (C). While a Washington County Circuit Court ruled in Hollis v. Fayetteville School District that the subject request, consisting of thousands of e-mails surrounding a teacher’s termination, was not “sufficiently specific,” the lower court was overruled on appeal based on jurisdictional issues, and the merits will likely be further litigated. In conclusion, when seemingly endless FOIA public record requests continue to pour in, disrupting the work day, sometimes even monopolizing valuable employees and resources, it would “serve” a public servant well to recognize and accept the spirit with which this 50-year-old act was passed and still maintains today — that transparency into the processes of a taxpayer-funded government is “vital in a democratic society.”

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General Turnback for Counties: Not a Grant Payment for state services administered at the county level

Seems To Me...

here ain’t no such thing as a free lunch. That’s a accordance with law by county popular adage communicating the idea that it is government, a political subdivision impossible to get something for nothing. The “free of the state; and (2) the local funclunch” refers to the once-common tradition of tion of legislative and administrative saloons in the United States providing a “free” lunch to patrons authority relating to county affairs. who had purchased at least one drink. Many foods on offer were The Arkansas Supreme Court high in salt, such as ham, cheese, salted crackers and salted nuts. has previously opined, both in You get the picture, don’t you? Those who ate them ended up 1978 and 1980 after the passage of buying a lot of “beverage.” In other words, “There ain’t no such Amendment 55 — the Arkansas Eddie A. Jones thing as a free lunch.” Someone always pays the bill. Constitutional amendment restrucCounty Consultant So, who pays the bills for county government operations in turing county government, that “It Arkansas? For the most part counties do. They pay the bills with must be remembered that counties revenues derived from property taxes, sales and use taxes, fees, are still civil divisions of the state fines, costs and other sources of revenue. However, the state of for political and judicial purposes and are the state’s auxiliaries Arkansas does provide county aid, known at the local level as and instrumentalities in the administration of its government. general revenue turnback, and a few other sources of revenue They are political subdivisions of the state for the administrato help offset the costs tion of justice. The of state mandates on word ‘county’ signithe county. County fies a portion of a state aid is not a grant. It resulting from a division he state of Arkansas recognized decades is payment for state of the state into such ago the moral and legal obligation they services administered areas for better governat the county level. The ment thereof and the had to counties. They realized that the state should be paying easier administration of for those services. Not justice. In these respects, state must provide financial assistance to counties partially — but fully. we have clearly held that in order for the state’s citizens to have any equity Let me provide some nothing in Amendment history and background 55 changed the status and equality in services that counties are required concerning this issue. of the county insofar to provide — state services. I will be as open and as its primary purpose honest as possible, givand functions are coning the state of Arkansas cerned.” [Beaumont, credit where credit is Judge v. Adkisson, Judge, due. But I also will 267 Ark. 511 (1980); conclude that Arkansas is coming up short in its obligation Mears v. Hall, 263 Ark. 827 (1978)] and indebtedness to its 75 counties — and they are the state’s The state of Arkansas recognized decades ago the moral and counties, created to help the state deliver services. legal obligation they had to counties. They realized that the state must provide financial assistance to counties in order for the *** state’s citizens to have any equity and equality in services that counties are required to provide — state services. I doubt that at Court cases down through the years have long settled the fact the time they had any clue how profoundly correct that was. that counties in Arkansas are political subdivisions of the state Act 386 of 1943 established the Cities and Counties Fund created for the public convenience in the administration of and found, “whereby it is impossible for municipalities and government. ACA § 14-14-102 states, “A county is a political counties to efficiently and safely administer municipal and subdivision of the state for the more convenient administration county statutory governmental functions without additional of justice and the exercise of local legislative authority related revenues for such purposes.” Without the provision of adequate to county affairs.” The word that I consider the most important funding, the General Assembly of 1943 deemed the condiword in this Arkansas law is the conjunction “and.” A word tions created would “jeopardize the public health and safety of connecting two separate clauses and two separate functions: the citizens of the State, the Municipalities and the Counties.” (1) the state function of justice conveniently administered in A decade later, Act 188 of 1953 created and funded a County

COUNTY LINES, SPRING 2016

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Aid Fund. Counties still receive their “general turnback” funds I must also let you know the state of Arkansas made deputy each month from the County Aid Fund. Since the beginning of prosecutors state employees effective Jan. 1, 2000, with the passage and enactment of Act 1044 of 1999, an act that stated, “it county aid, turnback dollars have very gradually increased, but is the intent of the General Asthe percentage of state general sembly to transition to a staterevenue the counties receive funded deputy prosecuting has declined sharply. In fact, History of Arkansas County General Funds attorney system.” Even though the county aid appropriation deputy prosecuting attorneys 1980 $18,875,249 in 1980 was $18,875,249; the became state employees, 1985 $18,515,744 appropriation in 2015 was 1990 $20,147,445 counties remained responsible $21,645,067 — a very small 1995 $21,552,313 for 80 percent of what was increase over a 35-year period. 2000 $21,552,313 budgeted and expended for 2005 $19,741,546 deputy prosecutor salaries and *** 2010 $19,346,715 associated fringe benefit costs 2015 $21,645,067 in the calendar year 1999. The average inflation rate That amount was ascertained from 1980 through 2015 was to be $5,459,621.28, and each 3.37 percent. If counties had county’s share is withheld from its general turnback by the state received an inflation adjustment of only 3 percent during that each month. That deduction of more than $5 million from time frame, the county aid appropriation for 2016-17 would county government’s gross “county aid” appropriation has hapbe $54,705,725. That would help counties immensely. County pened every year since the year 2000 — and, without a change governments in Arkansas are currently subsidizing the state in law, it will continue to happen every year. So for more than court system with county general funds to the tune of $45.7 15 years there has been no continued “transition.” million as validated by a Special Report of Arkansas Legislative Audit on the State Court System issued in 2015. *** For the sake of fairness, I must mention that the state of Arkansas made public defenders state employees. Until Jan. In addition to the more than $5 million that counties con1, 1998, county government had full responsibility for the tribute toward salaries for deputy prosecutors — who are state financial operation of public defender offices, including salaries. employees — counties also are required to fund office operaThat changed with the passage and enactment of Act 1341 of tions. Act 1044 of 1999, Special Language, Section 10 requires 1997 to “phase in the transfer of funding of the state trial court each county or counties within a judicial district to bear the system from county government to the State of Arkansas.” responsibility and expense of providing the cost of facilities, This act of the General Assembly made public defenders state equipment, supplies, salaries and benefits of existing staff, and employees but left counties with the financial responsibility of additional personnel when approved by the quorum court [ACA § funding public defender office operation — and took part of 16-21-156]. Office operational costs have ballooned post-1999 our revenue to help them fund the salaries of public defenders. since full-time deputy prosecutors are not allowed to conduct With the passage of Act 1341 of 1997, counties of Arkansas a private practice. Therefore the entire office operations cost is were required to relinquish 85 percent of the amount certified as borne by the county. having been collected during calendar year 1994 for the purpose Do counties have revenue sources that are dedicated to the of funding the office and operation of the public defender. This court system? Yes, we do. But they are not sufficient to cover the money had been available each year in the County Administracosts. Here is a list of those revenues: tion of Justice Fund for use in funding the public defender op• Bail Bond Fee of $20 is remitted to the Public Defender Commission. Of each $20 fee, $3 is remitted quarterly to eration. County government gave up 85 percent of this funding the county to defray the operating expense of the public source for the state to take over the salaries for public defender defender office [ACA § 17-19-301]. offices, and counties retained the other 15 percent to help pay • Circuit Court Installment Fees are to be used to fund for office operation. Circuit Court-related technology and to defray the cost Section 12 of that act, codified as ACA § 16-87-302, breaks of fine collection [ACA § 16-13-704]. down the responsibility for the funding of public defenders. • Court Costs, Fees, and Fines for the Juvenile Division of Counties are responsible for the payment of the following: (1) the the Circuit Court are to be used to provide services and cost of facilities, equipment, supplies and other office expenses supplies to juveniles [ACA §§ 9-27-367 and 16-13-326]. necessary to the effective and efficient operation of the public • Program User Fees set by Drug Court judges are to be defender’s office; and (2) the compensation of additional personused for the administration of the Drug Court Program nel within the office of the public defender, when approved in [ACA § 16-98-304]. advance by the quorum court. [Note: The state is responsible for the salaries of public defenders and the salaries of secretaries and other support staff of the public defender’s office.] See “TURNBACK” on Page 20 > > > COUNTY LINES, SPRING 2016

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Turnback

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Juror reimbursement to the county is allowed on a quarterly basis for the $50 per diem fees paid to persons selected and seated to serve as a member of a grand jury or petit jury [ACA § 16-34-106]. • Circuit Court Fines. Additional funding comes from the Court Security Grant Program, which is administered by the Administrative Office of the Courts to provide financial assistance to counties for implementation of physical security and emergency preparedness plans for the courts [ACA § 16-10-1006]. *** In addition, ACA § 16-10-307 established the County Administration of Justice Fund, which partially finances the following court agencies and programs with the county share of court costs established in ACA § 16-10-305: • Prosecuting Attorney • Prosecuting Attorney’s Victim-Witness Program • Public Defender • County Law Library Here’s the problem: According to the Special Report on Courts released by Legislative Audit in 2015, the abovementioned dedicated county revenues totaled $18.4 million for calendar year 2014. Expenses for the court system paid by counties in 2014 totaled $64.1 million. That’s a $45.7 million difference — a deficit difference. To quote from that published report, “The deficit is primarily absorbed at the county level through the counties’ general funds.” If it were a county judicial system, it would be a county problem. But, it’s not. It is a state judicial system — a state court system. The state of Arkansas is divided into state judicial districts — just like it is divided into state school districts. My good friend Mike Rainwater said soon following the Lake View School Dist. No. 25 v. Huckabee, 351 Ark. 31 (2002) case that much of that case was applicable to county government as a subdivision of the state. Rainwater said, “While the state can delegate to counties the duty to discharge the state’s administration of justice duties, the state is nevertheless ultimately responsible for the discharge of those duties...” The Arkansas Supreme Court in its Lake View ruling said, quoting its prior ruling in DuPree v. Alma School Dist. No. 30 of Crawford County, 279 Ark. 340, 651 S.W.2d 90 (1983), “If local government fails, the state government must compel it to act, and if the local government cannot carry the burden, the state must itself meet its continuing obligation.” Rainwater also said, “The same is true when the funding scheme adopted by the state results in a denial of substantial equality among all the citizens of the state with respect to the discharge of the state’s duty to provide certain services that are an essential element of due process” — the state court system. In both the Lake View v. Huckabee and DuPree v. Alma School District court cases the Supreme Court said, “Equal opportunity 20

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is the touchstone for a constitutional system.” *** The state has declared that certain essential governmental services must be provided to the citizens of Arkansas by the state’s 75 counties. ACA § 14-14-802(a) establishes a priority of required county spending. The “administration of justice” through the court system is at the top of the list [a state court system], followed by “law enforcement protection services and the custody of persons accused or convicted of crimes” — that includes state prisoners backed up in county jails. The rest of the mandated list of expenditures deals primarily with the operation of the county constitutional offices and “court records management.” Of course, a county may provide many other services and functions, and many of them are expected by a county’s constituency. ACA § 14-14-802(b) provides the authority for a county government to establish the provision of a litany of governmental services and functions that is a list that dwarfs the mandated services. However, counties find little money to expend in these important areas due to the huge burden of subsidizing the state court system, housing state inmates at a reimbursement rate about $15 per day per prisoner below the actual cost to house the inmates, and other state mandates. The vast majority of counties cannot adequately compensate their county officials and employees because they must expend too many of their general fund dollars on state mandates. The state of Arkansas through the General Assembly has provided avenues for counties to levy and collect revenues for both the state-mandated expenditures and for the costs associated with the local county function of legislative and administrative authority relating to county affairs. We have already addressed the various revenues for the court system and found them to be sorely lacking to cover the costs. Counties also have the authority to levy a maximum of 5 mills as a property tax on all personal and real property in the county for general operations [Arkansas Constitution, Article 16, § 9 and ACA § 26-25-101]. Many counties are either at the maximum or near the maximum. Most of those that aren’t have made a deal with the electorate that if they would approve a sales tax or sales taxes, the county would not increase property taxes. The 5-mill general tax maximum has been in place since the 1874 Arkansas Constitution. In 1981 the state of Arkansas provided statutory authority for counties to enact sales and use taxes with an affirmative vote of the county’s electorate. That authority has been expanded substantially over the years. All but two counties have a county sales tax, and many have multiple sales taxes. Without the sales tax most counties would have already “gone down for the third time.” Just as food for thought, think about this: Municipalities are currently provided an appropriation of $29,372,099 in general revenue turnback. The general revenue turnback appropriation for counties is $21,428,616 — but counties have more than $5 COUNTY LINES, SPRING 2016

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million of that amount deducted by the state to help pay salaries for deputy prosecutors. What’s my point? It’s very basic. County government is the political subdivision of the state of Arkansas, created to help the state conveniently administer justice for a state court system. Counties are the local government division given the vast majority of state mandates. And according to the latest census, the municipalities of Arkansas are required to serve 64.64 percent of the population while the 75 counties of Arkansas serve the very same constituency as the state of Arkansas — 100 percent of the population.

are a debt of the state. Counties of Arkansas are not complaining about what we were created to do. We serve willingly and with great pride. We simply need the state to help pay for the state services we provide the state “for the more convenient administration of justice” so that we can adequately provide for “county affairs” [§ 14-14-102]. We call upon the state to eschew their responsibility no longer. It is incumbent upon the General Assembly to assure vital services mandated by law are provided to all citizens throughout the state of Arkansas. It is the paramount duty of the state *** to provide for the fulfillment of basic governmental functions. Such was at the legal foundation of the Lake View v. Huckabee I heard a story that goes like this: A hobo comes up to the case. Therein the front door of a neat Supreme Court of looking farmhouse Arkansas declared: and raps gently on “The roles of the exthe door. When the ounties of Arkansas are not complaining ecutive and legislative farm owner answers, branches are integral the hobo asks him, about what we were created to do. We to assuring … the “Please, sir, could you will of the people of serve willingly and with great pride. We give me something to our state as expressed eat? I haven’t had a simply need the state to help pay for the state serin our constitution good meal in several days.” is fulfilled.” Should vices we provide the state “for the more convenient The owner says, “I any segment of the administration of justice” so that we can adequately have made a fortune citizenry be denied in my lifetime by the basic tenants of provide for “county affairs.” We call upon the state supplying goods for government: law, people. I’ve never to eschew their reponsibility no longer. order, safety and jusgiven anything away tice? County Aid was for nothing. However, created, not as a grant, if you go around the but in recognition of back, you will see a a state responsibility gallon of paint and a clean paint brush. If you will paint my and the fact that most counties do not have sufficient revenues porch, I will give you a good meal.” to provide both the vital state mandated services and other very So the hobo goes around back, and a while later he again important county functions. knocks on the door. The owner says, “Finished already? Good. County government understands as well as any governmental Come on in. Sit down. The cook will bring your meal right in.” unit that there is no public tooth fairy and that Father ChristThe hobo says, “Thank you very much, sir. But there’s somemas does not work in the treasury. However, it is in the best thing that I think you should know. It’s not a Porsche you got interest of the state of Arkansas for the General Assembly to there. It’s a BMW.” provide additional general funding for counties to assure basic There’s something I think the state should know. And I say mandated services can be adequately and equitably provided this respectfully — it’s not a “free lunch” you got there. It’s a to all Arkansans. Theodore Roosevelt said, “In any moment of debt. Article 16, § 2 of the Arkansas Constitution says that the decision, the best thing you can do is the right thing. The worst General Assembly shall “provide for the payment of all just and thing you can do is nothing.” legal debts of the state.” No doubt, the state court system costs

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Honorable Larry C. Davis, Saline County Treasurer

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To see the full client testimonials, please visit our website: www.financial-intel.com

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County court has authority to adjudicate claims against county The county judge is the judge of the county court. The county court is a real judicial court. The county court acts judicially in allowance of claims against county. [Hutson v. State, 1926, 171 Ark. 1132, 287 S.W. 398 (1926)]. Judicial vs. Executive Functions: The county court is, strictly speaking, not the county judge. It is a court presided over by one judge, the “county judge,” who, when so presiding, acts in a judicial, rather than an executive capacity. (See Arkansas Constitution, Article 7, Section 28 and ACA § 14-14-1105(a). AG Op. No. 97-181.) “Although the Arkansas Supreme Court has meticulously separated the judicial and executive functions of the county judge on a case-by-case basis, there is still great confusion in Arkansas with respect to what the county court is.” [Comment, County Government Reorganization in Arkansas, 28 Ark. L. Rev. 226, 235 (1974). AG Op. No. 97-181.] The judicial powers of the “county court” in Arkansas Constitution Article 7, Section 28 were not displaced by the executive powers given the county judge by Amendment 55, Section 3. Adjudicating Claims Against the County: The authority of the County Court to decide claims against the county is explained in ACA §14-23-101, entitled “Presentment and Appeals,” which states: (a) All persons having demands against any county shall present them, duly verified according to law, to the county court of the county for allowance or rejection. (b) From the order of the court thereon, appeals may be prosecuted as provided by law. If on any such appeal the judgment of the county court is reversed, the judgment of reversal shall be certified by the court rendering it to the county court, and the court shall thereupon enter the judgment of the superior court as its own. Just Compensation Example: In Chamberlain v. Newton County, 266 Ark. 516, 587 S.W.2d 4 (1979), the Arkansas Supreme Court dealt with the question of a claim against a county for an alleged trespass by an encroachment caused by construction of a county road. The landowner filed her petition against the county seeking to enjoin the taking of her property for such road but the court ruled that, since the taking had already occurred,

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the landowner’s only remedy against county was to file claim in county court for just compensation for the alleged taking. The court explained that because the landowner had stood by and permitted the improvement to proceed until substantial roadwork had been done, the landowner was relegated to the county’s credit for compensation for the taking by the MIKE RAINWATER Risk Management county. The court said that the landLegal Counsel owner’s “only remedy against Newton County was to file a claim in the County Court of Newton County for just compensation for a completed taking.” (Id. at 587 S.W.2d 520.) The court then said: “Exclusive jurisdiction of appellant’s claim for compensation is vested in the County Court of Newton County as a matter relating to county roads.” (Article 7, Section 28, of the Constitution of Arkansas was cited by the Court as authority for this conclusion.) The court said, further, that “[t] he county could not be sued to recover this compensation by inverse condemnation proceedings.” Conclusion: The exclusive jurisdiction of the county court, as a judicial court, is an important tool for counties to use both defensively and offensively in managing the risk of county liability. If, for example, a party is asserting a claim against the county, the matter can be decided in a county court proceeding that the county initiates. If a party sues a county in circuit court, then the county can and should ask for that lawsuit to be dismissed or transferred to the county court for the first level of adjudication. Mike Rainwater, a regular contributor to County Lines and lead attorney for AAC Risk Management, is principal shareholder of Rainwater, Holt, and Sexton, P.A., a state-wide personal injury and disability law firm. Mr. Rainwater has been a lawyer for over 30 years, is a former deputy prosecuting attorney, and has defended city and county officials for over 25 years.

Online

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

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Focusing on financial wellness

n his last County Lines article, AAC Executive Director Chris Villines talked about providing for county government’s most valuable resource — the more than 15,000 people employed by counties in Arkansas. Chris discussed five areas in which the AAC is working to help improve the lives of those who work for counties. One of those areas is financial wellness, which is a huge topic of discussion in many households across the state and the nation. Financial difficulties impact so many areas of our lives. Financial stress creates tension in our homes, in our families and in our marriages. The worry and anxiety over finances then spills into our work relationships and performance. I would venture to say that at one time or another we all have been under the unrelenting pressure that financial challenges bring. The American Psychological Association’s report “Stress in America” states that money and financial problems rank as the No. 1 cause of stress. That is why the AAC is working with the Dave Ramsey Financial Peace Government program. Many of you have probably heard of, or participated in, the Dave Ramsey Financial Peace program. Dave Ramsey also offers a personal money management training program tailored to the requirements of government officials and the specific needs of government employees. This program is called “Financial Peace – Government.” It is currently used by a variety of groups associated with different aspects of public service: U.S. Customs and Border Patrol; the Dallas Police Department; the Police Department of Carthage, Mo.; Orange County, Fla.; and the Florida Sheriffs’ Association. Financial Peace-Government teaches a step-by-step process and an easy-to-understand plan designed to get control of your money and improve your financial situation. The program unites strong financial education with practical steps to change behavior. There are 12 lessons in this program taught by Dave Ramsey himself via DVD. A group leader facilitates the weekly classes. The lessons help participants learn to actively manage their income, eliminate debt and put longterm planning into place. The program combines individual study with group accountability to ensure consistent results.

Savings times 2

Eric Smith, the military and Wallet & waistline government advisor for Financial Peace-Government, said this about the program: “My team focuses on helping leaders and supervisors gain control of three major issues affecting organizational performance: 1) rising rates of divorce 2) trends for individuals to file for bankruptcy and 3) the increasing rates of self-destructive Becky Comet behaviors among public sector AAC Member employees. Numerous studies Benefits Manager attribute financial stress as an often-underlying cause of all of the above. I hear compelling stories of employees with mounting personal debt who have trouble separating workplace and home challenges. Our program helps employees understand how to live better with the income they have. We believe that employees who are content and with no financial stressors are better suited to operate in the workplace.” The Financial Peace-Government Program can have a great impact on your employees’ lives. Just as companies and various government agencies have witnessed a decrease in health care costs by promoting health and wellness programs, employers can see a significant return on investment by offering a high-quality financial wellness program. Companies that offer financial wellness programs have seen reduced absenteeism, increased productivity, decreased turnover and greater team loyalty. The AAC is committed to facilitating the acquisition of the Financial Peace-Government Program. We are looking into some corporate sponsorship to purchase the program materials. Counties also can seek partnership with local religious and civic organizations for scholarships. Please contact me at (501) 372-7550 or bcomet@arcounties. org for more information and help in acquiring the program for your county’s employees.

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F & Foptions Some are irresistible

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Fiduciary assistance and a zero-fee option for smaller public sector plans? Sweet.

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

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Standing down

David Maxwell prepares to retire, and learn to relax, after a decade as state’s emergency management director Story By Jennifer Barnett Reed For County Lines

Photos Courtesy of Arkansas Department of Emergency Management

s the man responsible for planning how the state will respond to every conceivable kind of disaster, Department of Emergency Management Director David Maxwell has learned to live in the “what if ” world of an unimaginable future. But there’s a part of him that’s remained firmly rooted in the past as well — to the years he spent on the front lines of disaster response, to very real afternoons spent with desperate people who looked to him to make things better. Maxwell is set to retire June 30, 10 years after he was appointed director by former Gov. Mike Huckabee and nine-and-a-half 26

years after he’d originally planned to hang up his hat. In that decade, Maxwell brought stability back to the department, which had gone through three directors in the two years before he took the post. He oversaw the construction of a badly needed state-ofthe-art emergency management facility at Camp Robinson. He put a lot of effort into repairing the department’s relationships with Arkansas’ 75 county judges, which had also gone through a rocky stretch for a few years. He served a one-year term as president of the National Emergency Management Association, and he has served on a number of national committees related to emergency management. COUNTY LINES, SPRING 2016

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Opposite Page: ADEM Director David Maxwell and Arkansas Gov. Asa Hutchinson assess flood damage caused by heavy rains in June 2015 in Southwest Arkansas. Above: Reporters questions Maxwell and Gov. Hutchinson, who is standing next to Miller County Judge Larry Burgess. It’s a pretty distinguished career for a man who never intended to make emergency management his life’s work. “It was an accident,” Maxwell said of his career choice. He was a job-hunting sociology graduate in September 1978, when heavy rains caused major flooding in Little Rock. His uncle called and told Maxwell there were positions available for caseworkers for a program that provided assistance to flood victims. “I told him I was a sociologist, not a caseworker,” Maxwell said. “He pointed out that I was an unemployed sociologist.” The following April, two tornadoes hit Hamburg just days apart, and Maxwell was part of the emergency assistance effort there too. One day a woman came into his office to ask for his help. She and her husband had lost their home to the first tornado, and the second tornado hit the mobile home they’d moved into and soaked everything they had left. Her husband was also dying of cancer, and she’d just found out that their application for emergency assistance had been taken out of the system. Maxwell was livid. He not only reinstated her application, he issued an immediate order to set up another mobile home for them — before they were even officially back in the system. COUNTY LINES, SPRING 2016

“I was able to help her, but I got in trouble,” he said. “I would fire an employee for that today. Maybe. I wouldn’t authorize it, I’ll say that.” Soon he was hired as a planning specialist for the Department of Emergency Management, and spent the next two decades rising through the ranks. In 2002 he was promoted to deputy director by then-director Bud Harper, a former Sebastian county judge. “Disasters kind of get in your blood,” he said, explaining why he never went back to his original career choice. “Everything I’d done up to that point — school, working at the soil conservation agency — I was never able to see the results of any work I’d done. With this, I got immediate gratification. I saw results. I put people in housing. It really kind of grabbed me.” Maxwell’s almost four-decade career has spanned an enormous amount of change within the emergency management field. When he started, the Cold War loomed large and nuclear disasters were a major focus. As that threat faded, planning officials were able to concentrate more on natural and manmade disasters, Maxwell See

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Maxwell

Above: Retiring ADEM Director David Maxwell was awarded the Association of State and Territorial Health Officials’ first Trailblazer Award in April 2016. According to a news release, the award honors Maxwell’s “outstanding and dedicated service to emergency management and years of excellence in leading the collaboration between emergency management and public health.”

said. They developed response plans for everything from hazardous materials to floods and tornadoes to Africanized honeybees. “We have a checklist for any disaster you could possibly think of,” he said. “And just in case we haven’t thought of something, we have a miscellaneous one.” The 1990s brought new threats: Y2K and, after the Oklahoma City bombing in 1995, terrorism. While Maxwell was busy addressing those major issues, the state epidemiologist called wanting to talk about the possibility of a pandemic. Then the state veterinarian about foreign animal diseases. “That really scared the hell out of me,” Maxwell said. “That was all in 1999. It was a really interesting year.” Then came the Sept. 11, 2001 terrorist attacks, which “changed this business,” Maxwell said. “When you look at the asymmetrical threat we’re facing from terrorism, it’s almost going back to the Cold War,” he said. “It’s so cyclical.” 28

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In 2005, Hurricane Katrina put a major strain on the relationship between the ADEM and the counties, Maxwell said. With 14,000 Katrina refugees overwhelming local governments and the Department of Emergency Management’s director’s office experiencing its own turmoil and turnover, Maxwell said county judges began reaching out to him because he was a known entity, and they believed they could depend on him. The next year, 2006, he was appointed ADEM director. “At the base of it, we’re in the customer service business,” Maxwell said, describing the approach he’s taken to restoring good relationships with county judges. “As long as you have that attitude, relationships follow.” It’s not just the attitude, though. Maxwell’s practical experience and knowledge of emergency management and disaster planning earned the respect of the state’s county judges, said Sebastian County Judge David Hudson, president of the County Judges’ Association of Arkansas. “Plus he’s just a heck of a nice guy to work with,” Hudson said. “He’s a real, true public servant. We’ll miss him.” While Hurricane Katrina was an unprecedented challenge, Maxwell said it taught him an important lesson that hearkened back to his experience helping the woman all those years ago after the Hamburg tornadoes: rules may be rules, but you have to empower the people in the field to do their job. “I have told my staff I would back them up for anything done in the field if they’re trying to help someone,” he said. And his willingness to give counties the resources they needed was crucial, Hudson said. “We had a meeting on what kind of flexibility we had to take action with regard to financial support,” Hudson recalled. “He authorized, over the phone, $1 million. We didn’t need that much, but that was the type of confidence and the level of understanding he had of the processes and the funding streams and the need to make decisions on a timely basis.” Maxwell said the biggest challenge of his time as director was the sheer number of major disasters ADEM has responded to — 19 federally declared disasters in 10 years. One of his proudest moments came just this past April, when he was named the first recipient of the Association of State and Territorial Health Officials’ Trailblazer Award. The award recognized his service to emergency management as a whole, but specifically his work leading a collaboration between the fields of emergency management and public health. “To be able to effect a relationship between two national groups, two disciplines, really meant a lot to me,” Maxwell said. So what’s a guy who’s been perpetually on call for 38 years going to do once he turns off his work phone for good? He has no idea. “I’m not sure what relaxed feels like,” he said. “Will I know it when I get there?” He’s planning to do some consulting work for the National Governor’s Association this summer and hopes to do more if it comes up. And he’ll also start enjoying a personal life for the first time in decades. “I played golf once this year and once last year,” he joked. “I owe my wife a lot of time.” COUNTY LINES, SPRING 2016

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Former Conway police chief to lead ADEM The governor announced May 31 that A.J. Gary would take the helm July 1

With more than 35 years in law enforcement and security preparedness, A.J. Gary of Conway will become ADEM director starting July 1, 2016.

overnor Asa Hutchinson announced May 31 A.J. Gary, former chief of police for the Conway Police Department, as the new director of the Arkansas Department of Emergency Management (ADEM). He will replace current Director David Maxwell, who is set to retire at the end of June. Gary’s start date will be July 1, 2016. “I am pleased to announce A.J. Gary as the next director of the Arkansas Department of Emergency Management,” the governor said in a news release. “His background, knowledge and experience make him an excellent fit for the job. I also want to recognize and thank Director Maxwell for his leadership and service over the years in helping to ensure the safety of all Arkansans. A.J. will be a great addition to an already stellar team, and I am confident our state won’t miss a beat with him at the helm.” Gary said in the same news release that he is “honored and humbled” to be selected. “I want to thank David Maxwell for his many years of service

to ADEM. I have had the pleasure of working with David over the years and wish him and his family well as he enters retirement. I look forward to working with the team members of ADEM as together we serve the citizens of the State of Arkansas. I am excited about the challenges ahead and look forward to this great opportunity to serve others.” Gary has worked in law enforcement and security preparedness for more than 35 years. He began his law enforcement career in 1982 with the Conway Arkansas Police Department and graduated from the FBI National Academy in 1990, becoming the first Conway officer selected to attend the academy. He has held positions in all areas of law enforcement, including SWAT, narcotics and criminal investigations. In 2002, Gary retired from the Conway Police Department after 20 years of service — at the rank of major, patrol division commander — to become chief security administrator for Air Transport International LLC, an international FAA Part 121 air carrier. In 2007, Gary returned to the Conway Police Department as chief of police. He also has been the director of security/compliance for the State of Arkansas, Office of Arkansas Lottery since 2015. Gary holds a bachelor’s degree in organizational management from Central Baptist College and a master’s in public administration from Arkansas State University. He was appointed to the Criminal Justice Institute Advisory Board in 2011 by Gov. Mike Beebe and reappointed to the board in 2015 by Gov. Hutchinson. In September 2015, Gary was appointed to the Supreme Court Committee on Security and Emergency Preparedness. He is a member of the FBI National Academy Associates, Police Executive Research Forum and Arkansas Association of Chiefs of Police (AACP). He currently serves as the representative at large of the AACP executive board, the International Association of Chiefs of Police (IACP) State of Arkansas representative and serves on the board of directors for the Arkansas Crises Response Team. He has served on the board of directors for the Cargo Airline Association and Security Committee of the National Air Carriers Association in Washington D.C. In 2005 he assisted on the Business Roundtable Security Task Force Subcommittee on Port and Supply Chain Security. Gary lives in Conway with his wife, Kim. He has three children and one grandchild. — Photo and information courtesy of the Arkansas Governor’s Office

75 Counties - One Voice COUNTY LINES, SPRING 2016

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How about a raise?

The DOL salary threshold increase and its implications for public-sector employers. Story reprinted with permission from J. Larry Stine

Editor’s note: Since this article was first published, the U.S. Department of Labor has released its final overtime rules. Finalized on May 20, 2016, the rules dictate that full-time salaried employees of county government earning up to $47,476 per year will become eligible for overtime pay. This change becomes effective Dec. 1, 2016. The salary threshold will be updated every three years beginning Jan. 1, 2020. This article is provided to county government officials for background on the new overtime rules and for advice in preparing to make the changes. Go to https://www.dol.gov/whd/overtime/final2016/overtimefactsheet.htm to read the new overtime rules. 30

n June 30, 2015, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM), which will more than double the current salary threshold for the executive, administrative, and professional (EAP) exemptions to overtime. The proposal is designed to plug a perceived gap that some feel causes many lower-level managers to be unfairly deprived of overtime when they work more than 40 hours. The latest word from DOL is that implementing changes in the regulations will be finalized by July 2016, and will take effect 60 days later, in September 2016. This article will explore what this change will mean for public-sector employees. COUNTY LINES, SPRING 2016

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Background Since 1940, there has been a so-called “white collar” exemption to the normal rule that workers must be paid overtime at the rate of one and one-half times their regular rate when they work more than 40 hours in a week. In general, three tests must be met for the exemption to apply: (1) the employee must be paid a predetermined, fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (the “salary basis test”); (2) the amount of salary paid must meet or exceed a specified minimum (the “salary level test”); and (3) the employee’s job duties must primarily involve executive, administrative, or professional (EAP) duties as defined by the regulations (the “duties test”). DOL has proposed to change the salary level requirements substantially — in effect, almost doubling the amount an employee must be paid to satisfy the current “salary level” test. Salary levels have been changed seven times since 1938, most recently in 2004 when the Department of Labor’s Wage and Hour Division (WHD) undertook a wholesale revision of Part 541 of the regulations, but this is the biggest single jump yet. New Rule Under the current regulations, to qualify for the exemption an executive, administrative, or professional (EAP) employee must be paid on a salary basis and meet the duties test, and be paid at least $455 per week ($23,660 per year for a full-year worker). The anticipated regulations will set the initial, standard salary level for the EAP exemption at a point equal to the 40th percentile of earnings for full-time salaried workers. Based on the latest statistics available, DOL projects that for 2016, the 40th percentile weekly wage in the final rule will be $970 per week, or $50,440 per year for a full-time worker. In other words, unless an employee is earning more than $50,440 per year, he or she must be treated as an hourly worker and must be paid overtime. (To qualify for a different exemption for highly compensated employees (HCE), an employee will have to earn at least $122,148 per year.) To prevent the salary levels from becoming outdated, WHD proposes to include in the regulations a mechanism to automatically update the salary and compensation thresholds on an annual basis using either a fixed percentile of wages or the consumer price index for urban consumers (CPI-U). Depending on the nation’s economic performance, this could result in automatic annual pay increases for exempt employees. Impact on Employers Raising the minimum salary levels for exempt employees will substantially reduce the number of workers for whom employers must apply the duties test to determine exempt status: no one earning less than the minimum salary level will qualify. Similarly, setting the HCE total annual compensation level at the annualized value of the 90th percentile of weekly wages of all full-time salaried employees ($122,148 per year, based on 2015 statistics) will ensure that the HCE exemption cover only the top 10 percent of earners, employees who almost invariably meet all the other requirements for exemption. Finally, automatic annual updates to the standard salary and compensation are designed to ensure that they maintain their effectiveness. COUNTY LINES, SPRING 2016

Methodology DOL arrived at their estimate for the threshold earnings level by including broad categories of employees, many with high earnings, who are fully exempt from the overtime rules. The proposed rule uses data including employees previously excluded by the Department in 2004. For example, teachers, physicians, lawyers, outside sales employees, and federal employees were excluded from the 2004 sample because they are not subject to the part 541 salary level test. The proposed revision included them, and netted many very high earners. According to the Bureau of Labor Statistics (BLS), in 2012 physicians and surgeons averaged more than $187,000 in annual earnings; the Office of Personnel Management stated that the average earnings for federal employees in 2012 were over $78,000. This makes comparing the 2004 study with the current proposal more difficult. In a rare fit of transparency, DOL admits that its basis for these calculations is not totally ... transparent: “The Department notes that the public will not be able to exactly replicate the weekly earnings and percentiles used in this NPRM from the public-use data files made available by BLS. As with all BLS data, to ensure the confidentiality of survey respondents, data in the public-use files use adjusted weights and therefore minor discrepancies between internal BLS files and public use files exist. BLS publishes quarterly the earnings deciles of full-time salaried workers on which the Department relies to set the proposed salary level at http://www.bls.gov/cps/research_series_earnings_nonhourly_workers.htm.” Nondiscretionary Bonuses in the Salary Level Requirement Until now, WHD looked only at actual salary or fee payments made to employees and, with the exception of the highly compensated test, did not include bonus payments of any kind in this calculation. However, several business representatives asked then to include nondiscretionary bonuses and incentive payments as a component of any revised salary level requirement. Such payments are an important component of employee compensation in many industries, and might be curtailed if the standard salary level was increased and employers had to shift compensation from bonuses to salary to satisfy the new standard salary level. The proposed rules provide that in order for an employer to be permitted to credit such compensation toward the weekly salary requirement, the employee will have to receive the bonus payments monthly or more frequently. (WHD was not willing to consider allowing employers to make a yearly catchup payment as they may under the HCE exemption.) Annual Adjustments (Indexing) In a bid to avoid inflation-driven “bracket creep,” WHD proposes to establish a mechanism for automatic updates for the standard salary test, as well as the total annual compensation requirement for highly compensated employees. (This is an idea that has been considered for the minimum wage, although never formally proposed.) The Department is considering two alternate methodologies for annually updating the salary and compensation thresholds. One method would be based on a fixed percentile of earnings for full-time salaried workers. The See

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Labor Laws

Continued From Page 31

other would be based on changes in the CPI-U. Both methods are described in detail in the NPRM.

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the number of workers who pass the duties test but are paid below the salary threshold. This underscores the large number of overtime-eligible workers for whom employers must perform a duties analysis, and who may be at risk of misclassification as EAP exempt. If the salary threshold is raised to the 40th percentile, WHD estimates that the number of overtime-eligible salaried workers who would earn at least the threshold but do not pass the duties test would be reduced to 5.6 million.

Duties Test WHD’s proposal to set the salary threshold at the 40th percentile of weekly earnings of full-time salaried employees is intended to severely limit the need for a duties test by restricting it only to employees who earn more than the increased salary threshold. They believe that the proposed salary level increase, coupled with automatic Alternatives updates, will address most Employers will not be of the concerns relating to required to raise the pay of Unlike private-sector employers, who must always pay the application of the EAP all formerly EAP workers to , under certain conditions the 40th percentile ($921/ exemption. A regularly updated salary level will screen week) to comply with these a public-sector employer may give out employees who spend rules. It is much more likely significant amounts of time in lieu of . that employers will shift on nonexempt duties and salaried workers paid less for whom exempt work — J. Larry Stine than the new minimum to is not their primary duty. Attorney hourly status, with hourly Duties will remain a critical rates that approximate their metric of exempt status, but former salaries, and control it will be relevant to a much costs by restricting overtime. smaller number of employees. Salaried, nonexempt pay will remain a viable option to employers interested in controlling overtime expense in states where the Impact on Employers and Employees practice is permitted (such as California). This allows an employer In 2013, there were an estimated 144.2 million wage and salary to pay a nonexempt employee a guaranteed salary for all hours workers in the United States, of whom DOL estimates that 43 worked, plus an overtime premium of an additional ½ the regumillion were salaried employees who may be affected by a change lar rate for each overtime hour. This method is desirable where an to the Department’s part 541 regulations. Of these workers, DOL employer wants to contain costs by discouraging employees from estimates that 21.4 million are currently exempt EAP workers shifting work from regular hours to overtime, since the employee’s under existing rules. DOL projects that their proposed changes, if effective rate of earnings per hour actually declines the more overadopted, would affect an estimated 4.6 million currently exempt time hours are worked. If either of these methods is adopted, the workers who earn at least $455/week but less than the 40th earn- employer will, of course, be required to make and preserve records ings percentile ($921). Absent some intervening action by their of hours worked for these employees. employers, these employees would become entitled to overtime if the proposed rules take effect. Similarly, an estimated 36,000 curWhat about Compensatory Time (Comp Time)? rently exempt workers who earn at least $100,000 but less than Unlike private-sector employers, who must always pay cash the 90th earnings percentile ($122,148) per year and who meet overtime wages, under certain conditions a public-sector employthe HCE duties test also may become eligible for minimum wage er may give employees compensatory time off in lieu of overtime and overtime protection. As the rates are adjusted, more employwages. Compensatory time off must be awarded at a rate of not ees will be affected. less than one and one-half hours for each overtime hour worked, In addition to the 21.4 million potentially affected current but there are limits on the amount that can be accrued: law enEAP exempt workers, WHD estimates that an additional 6.3 forcement, fire protection, and emergency response personnel and million salaried white collar workers who do not satisfy the duemployees engaged in seasonal activities may accrue up to 480 ties test and who currently earn at least $455 per week but less hours of comp time; all other state and local government employthan the proposed salary level will become entitled to overtime ees may accrue up to 240 hours. because the salary test alone will determine their status, without Many public-sector employers faced with an increase in the the need to examine their duties. At the current standard salary number of overtime-eligible employees will find compensatory threshold, there are 11.6 million salaried workers who fail the time an appealing alternative. However, it is important to rememstandard duties test and are therefore overtime eligible, but earn ber that compensatory time is not budget-neutral: the amount at least the $455 threshold, while there are only 845,500 salaof overtime paid in the form of compensatory time ultimately ried workers who pass the standard duties test but earn less than must be regarded the same as cash overtime because it correlates the $455 level. The number of workers who pass the current directly with the employee’s compensation and hours worked. salary threshold test but not the duties test is nearly 14 times An employee must be permitted to use compensatory time

“ cash overtime wages

time off

compensatory overtime wages ”

COUNTY LINES, SPRING 2016

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on the date requested unless doing so would “unduly disrupt” the operations of the agency. In locations with concurrent state wage laws, some states may not recognize or permit the application of some or all of the following exemptions. HR Issues Resulting from New Salary Levels For a host of reasons ranging from job security to pensions, schedules and benefits, public-sector jobs traditionally pay less than comparable private-sector positions. This means that proportionally more county and municipal employees may be affected by the change in salary levels for the EAP exemption. Budgetary restraints may curtail public employers’ ability to increase salaries to the level required for an employee to remain exempt. Consequently, there may be large numbers of employees whom county and municipal HR officers will need to reclassify from exempt to nonexempt. The employer also will need to institute timekeeping procedures for reclassified employees, train them, change payroll practices and (where appropriate) implement procedures for awarding and debiting compensatory time. Many salaried, managerial employees may perceive that their conversion to hourly status is a “demotion,” and may object. There is more to salaried status than simply pay, and DOL’s changes will move up that first rung on the ladder of success for many workers — a lot. The old exemption threshold ($455/ week) works out to about $9/hour over 50 hours, not an unusual rate for a starting-level assistant manager at a discount retail chain, for example. It’s certainly an improvement over a starting minimum hourly wage of $7.25. Learning to be a manager can take time, as the employee learns procedures and develops supervisory skills. When the starting point for a salaried managerial position is moved up to $921/week: that means an effective rate of $18.42 per hour over 50 hours. The employer is making more than twice the investment in the employee. Most employers are not going to be willing to give inexperienced first-timers an opportunity to move up from hourly work at annual rates in excess of $50,000. The proposed salary level increase will raise other management issues as well. It will be necessary to maintain records of hours worked for more employees, and some with managerial responsibilities may chafe at being required to clock in and out. This may create an incentive to work more overtime. An employee earning $22.50 per hour will earn $33.75 per hour overtime: a 60-hour week will cost the employer $1,575. And overtime can be hard to control. For example, a nonexempt employee who checks his or her work e-mail outside of normal working hours may be due overtime for that activity. It is nearly impossible to prevent an employee possessing a smart phone from checking work e-mail without locking them out of the system after hours. Remember, an employer may adopt a rule prohibiting employees from working overtime, but it must pay if they work. When more high-earning employees are nonexempt, the stakes will rise for back pay awards (and attorneys’ fees). The change also may affect employee eligibility for benefits such as

health insurance, since many employers provide more or better benefits to salaried, exempt workers than they do to nonexempt, hourly employees. Perform and Audit, Plan Implementation When the new rules take effect, presumably in July 2016, every employer (public and private sector) should conduct an audit covering the following steps: • First review payroll to identify current salaried employees. • Second, review that list and determine which salaried employees earn less than the new minimum salary level. • Third, study that list to determine whether a particular employee’s compensation should be increased to exceed the minimum, or whether the employee should be reclassified as hourly and eligible to earn overtime. If an employee is “on the line,” it might make good business sense just to increase their pay. Do the math: analyze employees’ prior year time and pay records to determine whether overall compensation (anticipated overtime included) will exceed the new minimum level. It may be less expensive in the long run to provide a substantial raise and retain the exemption than to reclassify and pay overtime. • If an employee needs to be reclassified, analyze prior year pay and hours to determine how to convert salary pay to hourly-plus-overtime pay on an equitable basis. • Consider whether to pay the employee on a salaried, nonexempt basis; whether to use compensatory time; whether to pay time-and-a-half overtime; or whether to create a new position. • Meet with employees affected by these changes to explain the steps being taken and answer questions. Conclusion The proposed steep increase in the minimum amount of salary an employee must be paid to qualify for the “white collar” exemption from overtime is unlikely to substantially raise the income of more first-level managers right away. It is more likely that this change will reinforce a perceived social chasm between hourly workers and salaried managers, and delay the promotion of hourly workers into managerial positions where they can grow professionally. Public- sector employers will have to review the status of all currently salaried employees to determine whether they still qualify, and make adjustments as needed to ensure compliance. Larry Stine is a senior principal in the labor and employment law firm of Wimberly, Lawson, Steckel, Schneider & Stine, PC in Atlanta. He is a former regional counsel to the U.S. Department of Labor. He specializes in OSHA, employment discrimination issues, OFCCP, and wage and hour matters. Providing clients with the information and guidance they need to avoid controversies is Mr. Stine’s first line of defense. Mr. Stine is co-author of a nationally recognized book entitled Wage and Hour Law: Compliance and Practice, which has been published since 1995.

www.arcounties.org COUNTY LINES, SPRING 2016

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Above: The “Old” Randolph County Courthouse, constructed between 1872 and 1875, has been rehabilitated with $709,647 in grant money.

Double Take

Randolph County’s Pocahontas is home to two historic courthouse structures.

Story by Mark Christ s Photos by Holly Hope Arkansas Historic Preservation Program

he Randolph County seat of Pocahontas is the home of not one, but two historic county courthouses, one of which has particularly strong ties to the Arkansas Historic Preservation Program’s County Courthouse Restoration Grant program, which uses funds from the Arkansas Natural and Cultural Resources Council to preserve some of Arkansas’s most-treasured public buildings. Around the same time that Davidsonville was founded in the early 19th century, Ransom Bettis settled on the Black River to establish a community called Bettis Bluff. Future Arkansas Gov. Thomas S. Drew established a business there in the late 1820s and married Bettis’s daughter, Cinderella. The town boomed with the arrival of steamboat traffic in 1829, and on Oct. 29, 1835, Randolph County separated from Lawrence County. Bettis Bluff, with the new name Pocahontas, became the seat of government. 34

Drew donated land for a courthouse and public buildings, and by 1839 a courthouse was erected at a cost of $2,400. The building, located across the street from the hotel where Confederate Gen. M. Jeff Thompson — the “Swamp Fox of the Confederacy” — was captured in August 1863, survived the Civil War but just barely. Offices were moved from the building during the war as it became increasingly structurally unstable, and in 1870 the two-story structure collapsed. It was replaced on the same site by an Italianate-style masterpiece built between 1872 and 1875. Situated in the center of the Pocahontas town square, the two-story building features heavy brick hood moldings over the tall, narrow windows, decorative brick quoins and a tall cupola in the center of the roof structure. Construction was not without controversy. John A. McKay of COUNTY LINES, SPRING 2016

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Left: The old courthouse features decorative brick quoins. Above: The “New” Randolph County Courthouse was built in 1940 just a block away from the old structure. Helena won the bid to build the courthouse for $39,865. After government today. a series of delays and disagreements, efforts were made to void The “old” courthouse, meanwhile, had fallen into serious disreMcKay’s contract though he and the county apparently came to pair, and the need to restore the classic structure led to the creation terms, and McKay completed the building under an amended of the AHPP’s County Courthouse Restoration Grant program. agreement. Disagreements over payment led the Helena builder In 1989, one of the first grants awarded through the program to forbid Randolph County to take possession of the building un- helped to stabilize the exterior and restore the interior of the grand til his claims were met, but the county apparently prevailed, and building, and subsequent grants would further rehabilitate the in April 1875 county offices finally moved into the building. courthouse and the surrounding area. It now houses the Randolph By 1940, the people of Randolph County decided that a new County Chamber of Commerce. courthouse was needed and voted to construct a new building a The “Old” Randolph County Courthouse was listed on the block from what became the “Old” Randolph County CourtNational Register of Historic Places on April 24, 1973; the house. County Judge Joe S. Decker appointed a building com“new” courthouse was listed on Aug. 22, 1996. mittee, which hired noted architect Eugene John Stern to design the structure. The new courthouse, built by the E.V. Bird Construction Company, cost around $130,000, which Among the many programs and services of the Arkansas Historic Preservawas offset by a $49,250 grant from the Works tion Program is the County Courthouse Restoration Grant Program. Created Progress Administration, a Depression-era in 1989, this grant program has helped to extend the lives of courthouses that federal relief agency. A bond issue raised hold vital links to community pride and local history. These grants are funded $85,901 to help pay for the building, and through the Real Estate Transfer Tax, administered by the Arkansas Natural and construction began in February 1940. It was Cultural Resources Council. Since the beginning of the program, the AHPP has completed by the next year. awarded more than $18.6 million to 69 historic courthouses and courthouse anArchitect Stern chose the still-popular Art nexes around the state for use in rehabilitating, preserving and protecting these Deco style of architecture for the new buildimportant historic resources. Since 1989, Randolph County has received five grants totaling $709,647 for the “Old” Randolph County Courthouse. ing, which rises from a terraced yard that enhances the vertical emphasis of the courtArkansas Historic Preservation Program County Courthouse house’s design. A panel near the entrance Restoration Grants awarded to Lee County boldly states, “Fiat justitia ruat coelom,” a FY1989 Interior and Exterior Restoration $197,700 Latin legal phrase that means “let justice be FY1994 Courthouse Square Pilot Project $250,000 done though the heavens fall.” The grounds FY1995 Courthouse Square Project $150,000 contain an elaborate veterans’ memorial with FY2011 Roof, Window, Exterior Restoration $ 88,232 statues of soldiers from World Wars I and II FY2014 Roof Restoration $ 23,715 and the Vietnam War, as well as a large rock purported to be a meteorite that had plunged TOTAL: $709,647 into the Black River in 1859. This building still serves as Randolph County’s seat of COUNTY LINES, SPRING 2016

48th ANNUAL CONFERENCE Hot Springs Convention Center August 24-26, 2016

48 YEARS

75 Counties - One Voice

Arkansas Counties

EXPLORE

The Possibilities

his year’s Annual Conference will be held at Hot Springs Convention Center in Garland County. Enclosed is your registration form, which once completed, will need to be sent back to the AAC office in Little Rock. Also enclosed is hotel information for the conference. Embassy Suites and the Hotel Hot Springs & Spa (formerly the Austin hotel) are the host hotels, and there should be plenty of rooms available for our group. However, we have listed additional hotels in the area for your convenience. When making your room reservations, please remember to mention you are coming for the AAC Annual Conference. We are in the process of planning an informative and fun meeting for all attendees and will be getting out a tentative agenda later. For your planning information, registration will be open from 9 a.m. to 1 p.m. and from 3 p.m. to 5 p.m. Wednesday, August 24. The Opening General Session will begin at 1 p.m. and individual association meetings will begin at 3:15 p.m. Our Southern Fish Fry will be at 7:30 p.m. As you can see above, the 2016 Conference theme is “Arkansas Counties, Explore The Opportunities.” The Dinner Dance will continue that theme with:

“Campfires Under the Stars”

48th ANNUAL CONFERENCE Hot Springs Convention Center August 24-26, 2016

HOT SPRINGS CONVENTION CENTER

PRE-REGISTRATION Received Before 8/19/16 $125.00 officials, employees, guests $ 80.00 spouses $145.00 non-members

ON-SITE REGISTRATION Received After 8/19/16 $145.00 officials, employees, guests $100.00 spouses $165.00 non-members

PLEASE USE THIS FORM ONLY IF YOU PLAN TO PAY BY CHECK. WE OFFER ONLINE REGISTRATION FOR THOSE PAYING BY CREDIT CARD. GO TO WWW.ARCOUNTIES.ORG. PLEASE FILL OUT A SEPARATE FORM FOR EACH COUNTY EMPLOYEE. YOU MAY COPY THIS FORM – INCOMPLETE FORMS WILL NOT BE PROCESSED. NAME COUNTY TITLE ADDRESS CITY/ZIP EMAIL ADDRESS: SPOUSE/GUEST REGISTERING: ($80.00 Spouse - $125.00 Guest) YES

SPOUSE/GUEST NAME (non county employee) AMOUNT ENCLOSED:

(Make Check Payable to: Association of Arkansas Counties)

CONFERENCE REGISTRATION FEES MUST ACCOMPANY THIS FORM BEFORE REGISTRATION CAN BE PROCESSED. ENCLOSE CHECK OR OFFICIAL COUNTY VOUCHER (PAYABLE TO AAC).

RETURN THIS COMPLETED FORM TO AAC, 1415 WEST THIRD STREET, LITTLE ROCK, ARKANSAS, 72201, ALONG WITH A PAYMENT MADE PAYABLE TO THE ASSOCIATION OF ARKANSAS COUNTIES NO LATER THAN AUGUST 19, 2016. Refund Policy: If you notify the AAC Office by Friday, August 19 before 4:30 p.m., you will receive a refund on your conference registration fees. If notification is not made by this time, a refund will not be processed under any circumstances.

MAIL TO: Association of Arkansas Counties

Annual Conference 1415 West Third Street Little Rock, Arkansas 72201

AACRMF benefits continue to strengthen program!

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

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

Program outline: GENERAL LIABILITY AUTO PROTECTION PROPERTY PROTECTION RURAL FIRE DEPARTMENT PROGRAM

n Guardian Inmate tracking system GUARDIAN RFID is 20x faster and more defensible than barcode.

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

n Codification of county ordinances.

n Drug testing

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

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

Debbie Norman RMF Director 501.375.8247

Riley Groover Claims Analyst 501.375.8805 ext. 522

Greg Hunt Claims Analyst 501.375.8805 ext. 524

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

Barry Burkett Loss Control 501.375.8805 ext. 523

Cathy Perry Admin. Assistant 501.375.8805 ext. 543

Brandy McAllister RMS Counsel 501.375.8694

RMF Legal Defense Provided By

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More than 70 attend annual safety meeting at AAC building Top Left: Devon Melbourne, safty and loss control supervisor with First Electric Cooperative, delivers a presentation entitled “Electrical Safety in the Field.” Middle Left: AAC Risk Management Services Manager Debbie Norman and AAC Risk Management Claims Analyst Debbie Lakey introduce themselves at the start of the meeting. Middle Right: Mike Gowen, damage prevention manager with Arkansas One Call, discusses the processes counties should follow before digging. His presentation was called “Call Before You Dig.” Bottom Left: Van Buren County Judge Roger Hooper, Logan County Judge Ray Gack and Johnson County Judge Herman Houston have a discussion during a break between sessions. Bottom Right: AACRMS Loss Control Specialist Barry Burkett introduces the first speaker of the day.

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Quroum Court Association holds annual meeting

Top Left: Little River County Justice of the Peace Charles Henderson (District 4) and Dallas County Justice of the Peace Wendell Lee listen intently to a discussion. Top Right: Hempstead County Justice of the Peace Danny Watson takes notes about one of the discussion items. Middle: AAC Executive Director Chris Villines welcomes the governing body. Bottom Left: Perry County Justice of the Peace Bill Gipson and his wife, Alma, are recognized during the meeting for their selection as Citizens of the Year by the Perry County Chamber of Commerce. Bottom Right: Boone County Justice of the Peace David Thompson, association president and a member of the AAC board of directors, discusses proposed amendments to the association by laws. Seated behind him are AAC Legal Counsel Lindsey Bailey, AAC’s liaison to the Quorum Court Association; Washington County Justice of the Peace Eva Madison, the association’s secretary/treasurer; and Sebastian County Justice of the Peace Danny Aldridge, association vice president.

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Top Right: AAC Legal Counsel Lindsey Bailey, AAC’s liaison to the Quorum Court Assocation, speaks during the meeting. Middle Left: Attorney Mike Rainwater answers questions from the justices of the peace. Middle Right: Independence County Justice of the Peace Waymon Long focuses on the issues being discussed. Bottom Left: Mississippi County Justice of the Peace Bill Nelson was one of 48 members of the governing body to attend the Saturday meeting. Bottom Right: Pope County Justice of the Peace Bill Sparks and Yell County Justice of the Peace Leroy Randall visit with one another during a break between sessions.

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Collectors come together in Eureka Springs

Top Left: The Arkansas Association of County Collectors held its spring continuing education meeting at the Basin Park Hotel in Eureka Springs. Top Right: Maggie Young with Southwest EAP, a new AAC partner offering counseling and other services for county employees, explores issues related to employee conflict management. Middle Left: Columbia County Collector Cindy Walker, Pulaski County Treasurer/Collector Debra Buckner and Jefferson County Collector Stephanie Stanton pose for a photo. Middle Right: Bo Suiter of Suiter & Associates teaches a class on personal safety and shows volunteers how to ward off an attacker. Bottom: Randolph County Collector Norma Pickett and Randolph County Deputy Collector Heather Abel visit vendor booths during a break. 42

COUNTY LINES, SPRING 2016

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County Clerks hold their spring meeting in Spa City

Top Left: Phillips County Clerk Linda White visits with Sebastian County Clerk Sharon Brooks while Columbia County Clerk Sherry Bell, who also is an AAC board member, chats with Garland County Clerk Sarah Smith in the lobby of The Embassy Suites in Hot Springs. Middle Left: The Secretary of State’s Interim Director of Elections Leslie Bellamy discusses funding for voting machines and introduces her staff to the clerks. Bottom Left: While walking through the vendor area, Fulton County and Circuit Clerk Vickie Bishop interacts with Jordan Smith of Apprentice Information Systems. Bottom Right: AAC Legislative and Communications Director Scott Perkins gives Brenda “Emmy” Emerson, AAC’s ACE program coordinator, a gift card from the Arkansas Association of County Clerks. Emmy, who coordinates member associations’ continuing education meetings, will retire in June.

COUNTY LINES, SPRING 2016

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Coroners offer MDI course over three weekends

The Arkansas Law Enforcement Training Academy (ALETA) in Camden hosted the Medicolegal Death Investigation: 40 Hour Course (MDI) for county coroners and deputy coroners Nov. 16-20, 2015, in Camden. However, some could not attend the fiveday training. So this spring the County Coroners’ Association of Arkansas hosted the course over two weekends. The final installment will take place in June. The spring classes took place at the Wyndham Hotel in North Little Rock. The MDI course teaches basic knowledge and includes training on Arkansas Health Department forms, death investigation and forensic examination of the body. Top Right: Faulkner County Coroner and Coroners’ Association President Pat Moore teaches one of the MDI components. Bottom Left: Chicot County Coroner Skyler King attended the April 2-3 class. Bottom Right: Garland County Deputy Coroner Ryan Hamilton listens to Pat Moore’s presentation.

48th ANNUAL CONFERENCE Hot Springs Convention Center August 24-26, 2016

New this year Register Online www.arcounties.org 44

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North Little Rock is site of spring circuit clerks meeting Top Left: Cleveland County and Circuit Clerk Jimmy Cummings stops to talk to a vendor as he makes his way through the exhibit area. Middle Left: Crawford County Circuit Clerk Sharon Blount-Baker and Randolph County Circuit Clerk Debbie Wise, who also is a member of the AAC board of directors, discuss an issue. Middle: Monroe County Circuit Clerk Alice Smith, who is president of the Arkansas Circuit Clerks Association, presents AAC Executive Assistant Jeanne Hunt with a crystal cake plate. The association also presented AAC’s ACE Program Coordinator Brenda “Emmy” Emerson with a crystal cake plate. Both Hunt and Emerson are retiring in June. Middle Right: Diane Robinson, director of the Office of Research and Justice Statistics for the Administrative Office of the Courts, presents on data quality. Bottom: During the meeting, the circuit clerks worked together in groups.

75 counties. One voice. COUNTY LINES, SPRING 2016

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Assessors’ meeting held over 2 days

Left: Lafayette County Assessor Becky Barnes, president of the Arkansas Assessors Association, delivered the welcome and then introduced upcoming speakers. Above: Assessors discussed a wide range of topics during their meeting in Hot Springs March 9-11, including Homestead Tax credits, legislation, reappraisals, Amendment 79, among others.

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ACE Program Coordinator — Karan Skarda Family information: Married to [Prairie County Judge] Mike Skarda; son Vince Tate; stepdaughters Shannon Skarda and Ginger Whittaker; and grandchildren Ashlyn Whittaker and Addison Tate. My favorite meal: Shrimp tacos are my favorite at the moment.

You might be surprised to learn that: My husband and I own and operate Dondie’s White River Princess, a restaurant located on the bank of the White River in Des Arc. My pet peeve is: People who always find something to complain about.

When I’m not working I’m: Playing with my adorable grandbaby. The accomplishment of which I am most proud: Raising a wonderful son who is also a great husband to Ariel and wonderful daddy to Addison.

New England states.

Motto or favorite quote: You make a living by what you get. You make a life by what you give (Winston Churchill). Karan Skarda

The hardest thing I have ever done: Losing my older brother, who died at the young age of 21. At the top of my bucket list is to: Visit all of the

How long have you been at AAC? I have been at AAC since January. What do you like most about your position at AAC? The people — those I get to work with on a daily basis and those I get to serve in their various associations.

RMF Receptionist/Administrative Assistant — Ellen Wood Family information: Husband Gil and son Brian. My favorite meal: Hot dogs, cheese dip and chips, ice cream and Mexican food.

My pet peeve is: People who don’t pick up/ clean up after themselves.

When I’m not working I’m: Camping, riding the motorcycle, supporting the family race team or reading.

Motto or favorite quote: (a) Ain’t that a bird dog? (b) Your smile is your logo. Your personality is your business card. How you leave others feeling after having an interaction with you becomes your trademark (Jay Danzie).

The accomplishment of which I am most proud: My family. The hardest thing I have ever done: Driving away and leaving our son at college.

Ellen W ood

At the top of my bucket list is to: Travel all 50 states. You might be surprised to learn that: I once particiCOUNTY LINES, SPRING 2016

pated in a powder puff race. It was my first, last and only.

How long have you been at AAC and can you describe some of your successful AAC projects? I started in February. What do you like most about your position at AAC? I love everything — the new and interesting challenges, the feeling of family. My co-workers are fantastic. 47

AAC

Conference

Association of Arkansas Counties Workers’ Compensation Trust

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

The service is available for any size county government and other county government-related entities. We’ve got you

c ov e r e d!

Members enjoy dividends! $26 Million paid since 1997

We’ve got you

Experienced & licensed examiners

covered

Debbie Norman

Debbie Lakey

Kim Nash

Renee Turner

Kim Mitchell

Ellen Wood

Claims Manager

Barry Burkett

Risk Management &

Claims Adjuster

Claims Examiner

Loss Control

Admin. Assistant

RMS Counsel

501.375.8805

501.375.8694

Insurance Director

501.375.8247

501.375.8698

1415 West Third Street • Little Rock, Arkansas 72201

Brandy McAllister

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

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Stepping Up Summit focuses on mental health, jails By Charlie Ban Susan Pamerleau wasn’t breaking new ground, but she is digging deeper. When she took over as Bexar County, Texas’ sheriff almost four years ago, her already-full agenda became busier when she learned the extent of the jail population with mental illness. Those inmates counted for 22 percent, their conditions were going untreated and typically contributed to longer stays. “Frankly when I became the sheriff… I really didn’t recognize the issue about mental illness,” she told attendees at the National Stepping Up Summit April 17–19 in Washington, D.C. “There were 450 people (with mental illness) who had been in and out of our jail six times. “These are the kind of things that we as leaders need to bring to the forefront and to our public to let them know it is an issue and there are better ways of dealing with mental illness in our communities, as opposed to just putting them in jail.” That is indeed the kind of thing that county leaders have been pushing over the past year, an effort that culminated in the three-day summit, sponsored by NACo, the American Psychiatric Association Foundation and the Council of State Governments Justice Center. Teams from 50 counties, out of more than 200 applicants, heard from experts in mental health services, criminal justice and administration on the local, state and federal levels, plus participants in the mental health system and their families. Stepping Up is part of an overall effort to encourage counties to divert jail inmates with mental illness to settings where inmates’ underlying conditions can be addressed. That direction has stuck with Pamerleau and she has spread the word. She offered Sen. John Cornyn (R-Texas) a chance to meet the largest mental health provider in the country — the Los Angeles County Jail. “That made a big impression on me because I did not realize our criminal justice system had become the provider, by default, of mental health services to the extent it does,” he said. “It brought the point home to me like nothing else.” NACo President Sallie Clark put the challenge in perspective for attendees “We’re not professionals in mental health issues,” she said. COUNTY LINES, SPRING 2016

“We’re not professionals, necessarily, in law enforcement. “For us, we want to make sure that we’re asking the right questions,” in framing the problem correctly and providing support for change where necessary. “It’s hard to convince others it’s the right thing to do,” she said. L.A. County District Attorney Jackie Lacey knows that. “It hasn’t been an easy sell,” she said. As a district attorney, “You wake up every morning and you read the headlines and you pray the most recent person who was on probation who killed someone doesn’t have your name attached to them. That’s your fear,” she said. “The public has little tolerance for district attorneys who make mistakes, and you make a mistake by taking a risk.” Lacey’s approach was to sell jail diversion to community groups first to generate public support for the new direction, which was funded by the Board of Supervisors in 2015 to the tune of $120 million to create the Office of Diversion and Reentry. “I didn’t have a plan,” she said of the county’s changes. “I just knew what we were doing was wrong.” University of Connecticut professor Robert Trestman stressed communication, consistency, confidentiality and quality assurance in the diversion process. “Communication is where everything breaks down,” he said. “We think we’re doing it, but in truth …when you’re talking about everything from the paperwork, what’s written on the minimus, what guidance might have been provided and doesn’t get printed, what about the judicial marshals who are transporting people from the jail to the facility. Is there any kind of formal way that information is being documented and effectively being communicated, and then on and on from one shift to another?” Confidentiality is also crucial to acceptance and participation. “It doesn’t mean you need a suite with closed walls, but you do need sound confidentiality,” Trestman said of intake processes. “People need to feel comfortable enough to share intimate information with someone they just met while they’re distressed.” Pete Earley shared his bipolar son’s experience with the See

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NACo news briefs intake process and how it worked out positively. When a hospital case manager asked him why he didn’t take his medication, “my son said, of all the psychiatrists he’s had, they’ve only bothered to learn his name and his symptoms.” Earley praised the Fairfax County, Va. police officer who had crisis intervention training and, when he picked up Earley’s son walking naked down the street, exercised his discretion, did not handcuff him and drove him to the hospital while keeping him calm. Earley chronicled the process in his 2007 book Crazy. Ray Lay, both a mental health counselor and a patient with dual mental and substance abuse disorders, cautioned attendees to be patient expecting people with mental illness to adjust to medication. “It doesn’t take a matter of days,” he said. “It took me three years to figure out what worked for me.” Cornyn cautioned against forcing a top-down approach to reforming judicial processes. “It’s impossible, in my opinion, to try to initiate ideas on the national level and say we’ll do this for all 320 million Americans,” he said. “We can take successful levels at the local level and scale them up at the national level.” For that matter, though many urban counties participated, the Stepping Up Summit also made room for rural counties to discuss how they approach the problem of reducing the occurrence of mental illness in jails despite lower population density. Pennsylvania Secretary of Corrections John Wetzel, who worked as a correctional officer in Franklin and Berks counties, said counties had to have clear plans for where offend-

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ers would go each step of the way, and make it clear who will benefit. “If what you’re doing, I can’t draw a line to how it’s going to benefit me, I’m not inclined to invest,” he said. Council of State Governments (CSG) Justice Center Director Michael Thompson sketched the future of the Stepping Up initiative, which may include providing technical assistance to counties that demonstrate potential for reducing the number of people with mental illness in their jails and designing and implementing state and local collaborations in selected jurisdictions. CSG is considering holding an annual national summit of county teams and a diverse group of stakeholders to advance comprehensive plans for system change and highlight promising practices and help counties track their progress. During the summit, the American Psychiatric Association presented the inaugural American Psychiatric Excellence (APEX) Awards to House Minority Leader Nancy Pelosi (D-Calif.), Sen. Al Franken (D-Minn.), Florida Sen. Miguel Díaz de la Portilla (R-Miami-Dade County), journalist Cokie Roberts and the television show Orange Is the New Black. “The APEX event was a tremendous success,” said APA President Renée Binder, M.D. “The compelling conversation between political commentator and emcee Cokie Roberts and the cast members of Orange Is The New Black raised awareness of the issue of the criminalization of people with mental illness. I truly believe those in attendance left with a better understanding of the problem and a willingness to go back to their home states and take action.”

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