Summer 2016 County Lines

County Lines The Official Publication of the Association of Arkansas Counties

SUMMER 2016

Cover Story Working in tandem Page 32

Dual Seats:

the past and the future

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Scholarships

AAC Conference

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44

awarded to 10 students

recapped in photos

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AAC

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In This Issue

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oll 1. Carr 2. Clay stian 3. Seba klin 4. Fran n 5. Loga 6. Yell head 7. Craigissippi 8. Miss ie 9. Prair nsas 10. Arka

future Past, al-seat of du ties in n cou sas n Arka

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Exploring the past and the future of dualseat counties in Arkansas.

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SUMMER 2016

Features Conway County courthouse makes architectural statement...............................36 Counties receive courthouse restoration grants.....................................................39 Longtime AAC employees retire................................................................................40

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Inside Look Annual golf tournament attracts 38.........................................................................42 Ten deserving students receive scholarships from AAC this school year.

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AAC holds 48th Annual Conference..........................................................................44 ACD Equalization Board meeting held in Little Rock.............................................50 Voting machines among topics for county clerks...................................................51 AA C

Family

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» » n to stu he Asso » » » » » » Arkansasciation of dy ac » » coun ties rece Counntly ting, 2016 AAC anno nursi recipient Scho unced its ng, en larship the trus s. AAC Trust ginee establishe college t in 1985 ring an d the childfinancial to provide d mo assistanc grandchi ren, step re e to child ldren county ren and of and empand distr Arkansas ict awarded loyees. AACofficials in scho more than has sinc larships. $185,00 e Alon 0 lowing g with AAC contribucounty asso , the folciati te to trust annually:the scho ons Megan Judges The larship who work Renee Davi kansas, Association County dian County s in the Clerks the Arkansasof Arplans Clerk’s officBoone kansas Association, County Kasey to atten Universi High Keith d Miss e. Kayle tion, Circuit Cler the Arthe pursue ty in Spri ouri Stat daug School Associati County ks Associangfield e Roa hter of and is the a Mas Coll tanc to Thomas Arkansas on of Arka ectors y degr ters of Acco d Dep Polk Cou ee. artm nty Jeff How Worley un• Ash Associati County nsas, the ard. ent Fore Rich Ashton ton Kim • Meg Associati on, the Treasurers Mou Lacey will man brough an Asse College ntain Com Renee – Meg Bryant is a 2016 atten – Arkansas on of Arka ssors mun d the daugHigh Scho graduate of a care in Mena ettevillean graduate Davidian rum Cou Associati nsas, the er in nurs and plan ity d ol and Justice hter of Salin year and High Scho from Fayis Sheriffs’ rts and on of Quo s on ing. brough.of the Peac e County Waynette is the daugol East this Associati the Arka • Kas nsas on.

Davidian hter of Edit Universit She will e John Kim in the sophomoey Keith attend – etteville y of Arka lector’s Washington , who work the of Arka re at the Kasey is a s Cou office.

Uni as a pre- nsas at She will nty Col- Her fathnsas at Fort versity med stud Fayattend • Tho grandfat er, Chris Smith. ent. mas Wor Keith, her, son grandmo Bill Gril of ley Circuit retired Brad – The ther, Glen l, and da Gril ardson, Clerk Cath ley County l, y Tho graduate mas is Richof Har a 2016 High mon Scho will atten ol in Cam y Grove Universi d Ouachita den. He Bap study ty, where business he plan tist s to .

• Jare Jared d Dale Flem graduate Kayle High d from ens – Bundy Scho the gran ol in 201 Mena County dson of retir 6 and is • Kay ed Lacey is a 201 le Bundy drix and Deputy Howard Gene Polk Springs 6 graduate – Kayle Henis a depu his wife the Univ , daughterHigh Scho of Valley trator. ty and jailVicki, who fall to ersity of Arka study Ashton of Tam ol and the psycholoJared has planadminisengineer nsas this Kimbrou my Bun ing. of Cen gy at the s to stud gh 30 dy, • Lace y Uni tral all y versi Arka How is a 201 are ty nsas.

6 grad ard – Lace County.employed by • Kait uate of y pursue Kasey is Crawford tlyn, the lyn Dah Mena planning degree a Bachelor Hot Spri granddaulke – Kaito of in nurs Mary ng Countyghter of ing. Science Treasure at HenCansler, is a She is derson Stat sophomo r re studying e Uni CO UN nursing. versity.

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Sheriffs honor former association director..............................................................52 Treasurers focus on leadership in Texarkana..........................................................53 Circuit Clerks hear about jail mail.............................................................................54 West Memphis is site of collectors’ meeting...........................................................55 Judges convene in Hot Springs...................................................................................56 AAC staff profiles: Greg Hunt and Camille Neeman...............................................58 Worker’s Compensation Fund pays $1 million in dividends.................................60

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Family

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CourtCounty s (AAC) the Izard Countie county mer a nsas nered this sum of Arka part represen the togetherAssociation past, has tors and came an idea of sena in the The two the sake of ect that, ective state ial a better for county house owing proj their resp state offic s. basi the d in the rell’s job shadofficials with t to give on a daily and raise what Sher by elected in an effor ials tackle her house grasp of stood side

ens, at r by betw ty offic tatives born a good they’ve or citiz Photos ty Lines Edito ersations Rep. Mi- issues coun , who wasalready has S issues, s for seni way they Coun e ram in high Gray state to EM the conv rne,

County judge, state legislator work in tandem on local issues.

32

But and tes bou addition of area prog stretch of ’ve worked ty. r for mor a n punctua id Sherrell each othe In they the coun h each seat of Mel s like. ganizatio ther over , and banter wn e Dav to can finis job look ng a reor le toge by the state projects represent Disriendly nty Judg have kno that they Cou two ent ed to duri gh over to batt Izard Gray. The 6 e side ’ve gone ld be taken c developm elect long enou s we’v omi Gray was they ER 201 chelle years — t to. shou ent local issue ty, and thought attract econ SU MM than 15if they wan mom to ES, lot of s had a d for the coun tandemost from the TY LIN e just sentence do.

Alm CO UN other’s they often elected, we’vthe EMS boar And I’ve been I’m on began.

“Since through. work of …,” Grayfinished. ed. to lot had repli Sherrell had a we’ve difficulty,” k you,” Gray Than “… culty.

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President’s Perspective................................................................................................. 9 From the Governor........................................................................................................11 Attorney General Opinions..........................................................................................12 Behind the Lines...........................................................................................................13 Governmental Affairs...................................................................................................14 Legal Corner...................................................................................................................15

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Seems to Me..................................................................................................................18 County Law Update.......................................................................................................21 Savings Times 2............................................................................................................22 Research Corner...........................................................................................................24 NACo News Updates.....................................................................................................61

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Cover Notes: Work ing in Tandem n the Summer 2012 issue of County Lines, AAC invited then-state Rep. Ann Clemmer to shadow then-Saline County Judge Lanny Fite for a day. In this issue, we revisit that concept with state Rep. Michelle Gray and Izard County Judge David Sherrell. While Gray’s District 62 also includes parts of Sharp, Stone and Independence counties, she lives and works in Melbourne, Ark., the seat of Izard County.

Our road department [budget] is just a

million,fivehundredthousand...It’sprobablyone

COUNTY LINES, SUMMER 2016

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of the lowest in the state. We just do the best with what we have.

Turn to page 32 to read the job shadow story.

(Photo by Christy L. Smith)

— Izard County Judge David Sherrell

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C a l e n da r o f E v e n ts

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2016 Oct. 12-14 Circuit Clerks Holiday Inn, Texarkana

Dec. 7-9 Collectors Embassy Suites, Hot Springs

Nov. 15-17 Dec. 8-9 Assessors Judges New Elect School Robinson Auditorium, Little Rock AAC, Little Rock Dec. 5-6 County Clerks New Elect School AAC, Little Rock

Dec. 10 JPs New Elect School AAC, Little Rock

Dec. 6 Circuit Clerks New Elect School AAC, Little Rock

Dec. 12 Assessors New Elect School AAC, Little Rock

Dec. 7 Treasurers & Collectors New Elect School AAC, Little Rock

Dec. 15 Coroners New Elect School AAC, Little Rock Calendar activities also are posted on our website:

www.arcounties.org

CONTACT AAC

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

Karan Skarda, ACE Program Coordinator kskarda@arcounties.org

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org

Scott Perkins, Communications Director sperkins@arcounties.org

(501) 372-7550 phone

Lindsey Bailey, Legal Counsel

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

Cindy Posey, Accountant

lbailey@arcounties.org cposey@arcounties.org

Mark Harrell, IT Manager mharrell@arcounties.org

Christy L. Smith, Communications Coordinator

Chris Villines, Executive Director cvillines@arcounties.org

Elizabeth Sullivan, Executive Assistant esullivan@arcounties.org

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csmith@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

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he Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district officials.

The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office.

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, SUMMER 2016

Director’s

Desk

County Lines Magazine

County Lines is the official publication of the Association of Arkansas Counties.

It is published quarterly. For advertising inquiries, subscriptions or other information relating to the magazine, please contact Christy L. Smith or Scott Perkins at 501.372.7550.

Executive Director / Publisher Chris Villines Communications Director/ Managing Editor Scott Perkins Communications coordinator/ Editor Christy L. Smith

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

She is the Clark County Treasurer and president of the AAC Board of Directors.

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

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

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

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

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

COUNTY LINES, SUMMER 2016

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Sheriffs’ Association director leaves lasting legacy

Director’s Desk

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ar too often lately it seems that my Director’s Desk column is about a friend to Chris Villines county government who has left us too AAC early. This summer we lost one of our Executive Director greatest ambassadors, one of our best friends, in Arkansas Sheriffs’ Association Executive Director Ronnie Baldwin.

Oddly enough, the first time I met Ronnie we were engaged in a heated discussion at the Peabody Hotel in Little Rock in 2005. The sheriffs, seeking support from all associations, were beginning the push for an amendment for four-year terms. At the AAC conference that year, each association was asked to gauge support for what was going to be a petition drive to get fouryear terms on the ballot.

Sheriffs’ representatives met with each group individually, and votes were taken — association by association. As a still-wet-behind-the-ear collector, I found myself in defense mode that evening when thenCross County Sheriff and Collector Ronnie asked me why the Collectors Association had decided not to embrace this movement.

Feeling a bit defensive, I offered up the reasons that our group had discussed and why we ultimately decided to not partner at this time … though the vote had been quite close. If memory serves me correctly, the petition drive aspect loomed large for the collectors and marginalized support within the group.

Former Arkansas Sheriffs’ Association Well, Ronnie would have none Executive Director and Cross County of it. Zealous to the end, he quesSheriff and Collector Ronnie Baldwin. tioned the logic behind each article Photo from Arkansas Sheriffs’ Association of reasoning and fired on all cylinders. Ronnie was passionate about his sheriffs, and I my collectors.

When we parted that evening, we agreed to disagree. Sometime in the conversation I recall seeing his holstered gun, and I reminded him that I was just the messenger.

I learned on that night in 2005 that Ronnie Baldwin cared deeply about >>>

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the sheriffs in this state. Ronnie earned my respect that night. Funny how life works. I never gave a second thought to the possibility of crossing paths with Ronnie again, but the Lord works in mysterious ways.

Ronnie retired as Cross County sheriff and collector in 2008 but remained close to the sheriffs through his work at Tiger Correctional Services in Jonesboro. In spring 2012, Ronnie was hired as the new Arkansas Sheriffs’ Association executive director, replacing the outgoing retiree Chuck Lange.

Immediately Ronnie hit it off with us at the AAC. Chief Counsel Mark Whitmore worked closely with Ronnie and, as he is prone to do, came up with the moniker “RB” because “Ronnie Baldwin” just took too long to say. From that point forward I don’t think I ever called him Ronnie again. Countless hours were spent in hurried preparation for the 2013 session, and the sheriffs didn’t miss a beat.

From that session until the day he left us, RB and Mark communicated almost daily on sheriff-related issues. Many of our legislative successes — past, present and future — are a direct result of the friendship these two men formed.

Hiring RB for the Sheriffs’ Association was a brilliant two-for-one move because locked arm-in-arm with him was his lovely wife, Martha. She assumed conference plan-

ning roles, among other duties, and despite staff shuffles, everything went off without a hitch.

Not long afterwards RB and I worked through our boards to consummate a lease of office space that brought them across the river into new space in the AAC building, making the organization even more efficient and solidifying our partnership into the future. As allies we are where we are today because of the vision, dedication and passion of RB — a man who gave everything up until the very end to the association and friends he loved.

The news of RB’s cancer early in 2016 was devastating to many of us, and the rapid deterioration of his health through the year teaches us to appreciate each day, each moment we have on this earth. RB will be missed by many, and his voice for the sheriffs will forever echo through the chambers of our state Capitol. I ask that we all keep RB’s wife Martha and his family in our prayers as they move forward.

I learned many valuable lessons in my friendship with RB, but the one that will carry on above all others is to appreciate passionate people. His feelings for the sheriffs of Arkansas and county government was anything but lukewarm — and sometimes those people we disagree with become the best of friends. Rest in peace, dear friend.

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COUNTY LINES, SUMMER 2016

AAC

F amily & F riends

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Looking back on the AAC’s annual summer conference

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ell another AAC conference is in the books.

And what a book it is. We at the association are so grateful for our wonderful stakeholders, supporters, partners and vendors. Readers can go to pages 44-47 for images from our conference or check out our Flickr photostream.

Our 48th annual conference, “Arkansas Counties — Explore the Possibilities,” was a huge success and again the thanks goes to the staff who pull it off every year. And, might I say, the conferences seem to get better and better every year.

Some conference goers were able to begin early and played in the 18th annual Randy Kemp Memorial Golf Tournament at Ponce de Leon Golf Club in Hot Springs Village on August 23. This scholarship fund is stable because of our golfers and sponsors who participate every year. As many of you know, the tournament is named for AAC’s former communications director who died in a motorcycle accident in August 2011. We’re proud to honor Randy through this effort. The scholarship is awarded annually to a student pursuing a career in journalism and who is also a family member of a current or past county official.

Sallie Clark, National Association of Counties immediate past president and El Paso, Colo., commissioner, highlighted our opening session. She was very active in our conference, and we appreciate her time and national perspective. How could I not mention Carroll Posey, husband of AAC accountant Cindy Posey, and his vocals that he shared with us to open our conference? You are truly talented, Carroll, and we also appreciate you very much. I know many of us in the audience had chills when we heard you sing.

All of AAC’s member associations also conducted respective meetings on our first day of conference.

Legislative exploration We had a substantial amount of legislative activity during our conference, and that dynamic provided attendees many opportunities to network with state senators and representatives on a multitude of issues.

City, County and Local Affairs senate and house committees jointly met Wednesday and Thursday. On Wednesday, the committee had a full agenda during which they heard an AAC and conference overview and testimony on county turn back funds from AAC Executive Director Chris Villines and Independence County Judge Robert Griffin. Various county officials and AAC liaisons also presented several key legislative efforts the AAC will pursue in 2017. These topics ranged from record retention modernization to elections and from title transfers to justices of the peace holding court on injuries to domesticated animals. I think most, if not all, of these proposals were received well.

COUNTY LINES, SUMMER 2016

President’s Perspective

On Thursday City, County and Local Affairs attended our “Legislative Fireside Chat” during which county officials and staffers interacted with a panel of six legislators.

Attendees learned about what it is like to be a legislator, how best to communicate with their senators Judy Beth Hutcherson and representatives and discussed AAC Board President; some of the top county and state Clark County Treasurer challenges.

Also on Thursday, one of our breakout sessions titled “Too Many Fish, Too Little Boat,” also served as a Criminal Justice Task Force meeting and a joint Senate and House Judiciary Committee meeting. The Council of State Governments Justice Center provided their summary of key findings and recommendations for state leadership. We expect mental health and crisis intervention units and training to be a significant factor moving forward for our state.

The Honorable Gov. Asa Hutchinson spoke at our general session where he opined on the state of Arkansas, our extremely low unemployment rate, increased economic activity and issues on the November ballot. Counties and the administration have been good partners, and we look forward to continuing our goals of making Arkansas counties better.

Other breakout session topics ranged from retirement to federal legislative issues and from the new overtime rule to the Freedom of Information Act. Steve “Wild Man” Wilson, former Arkansas Game and Fish Commission public affairs coordinator, entertained us at lunch Thursday with his unique perspective of Arkansas outdoors and history. He speaks of his deceased father in most of his speeches. The two enjoyed the outdoors together frequently. He reminded the audience that it is better to smile because it happened instead of being sad because it is over.

We closed our conference with some political plays from Ron Oliver, former Arkansas Democratic Party chairman, and Bill Vickery, founding partner of Capitol Advisors Group and a host on The Sunday Buzz. I enjoyed hearing from both sides of the political spectrum and want to thank Roby Brock for moderating.

We can’t thank our participants enough and look forward to our 49th annual conference next summer. Thank you all for making it a great event.

Judy Beth

Hutcherson

Judy Beth Hutcherson Clark County Treasurer / AAC Board President 9

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F amily & F riends

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Autumn in Arkansas

merican journalist Jim Bishop once wrote, “Autumn carries more gold in its pocket than all the other seasons.” And I would argue that autumn in Arkansas carries the most gold of all. [September 21] marked the first official day of the fall season, one of my favorite times of the year. It’s a season for family, football, hunting, pumpkin pie and, most of all, for some of Arkansas’ best festivals.

From Newport to Camden to Bella Vista, Arkansans statewide will be enjoying the season’s cooler weather at craft fairs, car shows and cook-offs.

This fall, take a trip to experience some of Arkansas’ favorite traditions at the 81st Annual Championship Duck Calling Contest in Stuttgart or the 25th Annual Hot Springs Documentary Film Festival. If you’re like me, you’ll enjoy Arkansas’ best local, homegrown tastes when you stop by the Arkansas Championship Hillbilly Chili Cook-off in Bull Shoals or Pumpkin Hollow in Piggott.

Whichever corner of the state you visit, you won’t be far from fall fun and Arkansas hospitality.

I’m looking forward to joining in the fun of Arkansas’ fall celebrations this season, too. In a few weeks, I’m heading down to Arkansas’ Delta for the 31st Annual King Biscuit Blues Festival in historic downtown Helena to eat some southern favorites and listen to some of the best blues in the world.

And Arkansas’ Delta isn’t the only part of the state with good food and great blues. Northwest Arkansas [recently celebrated] one of the state’s most famous traditions — Bikes, Blues and BBQ, the largest motorcycle rally in the United States that benefits local charities. Bikes, Blues, and BBQ draws bikers from across the nation to the Ozarks

From The

for some of the most beautiGovernor ful motorcycle riding in the country. Last year, over 400,000 visited Fayetteville, generating an estimated $69 million to $80 million economic impact.

Once more, this goes to show that tourism and economic development are inextricably linked. In 2015, Arkansas hosted more than 28 million visitors who spent $7.2 billion in total Hon. ASA travel expenditures, $374 million HuTCHINSON in state taxes and $137 milGovernor of Arkansas lion in local taxes. Plus, some 120,000 Arkansans work in the tourism and hospitality industry, which is over a billion dollars in payroll.

Autumn is a time of change, but one thing that remains the same year after year is that Arkansas is an outstanding destination for visitors and a one-of-a-kind home for residents. There is no better place to be this fall than in the state of Arkansas.

For more information about fall festivals, events and destinations in The Natural State, visit www.arkansas.com.

Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas

County officials learn more about the Mississippi CIT model Several AAC staff members, county elected officials, mental health professionals and state legislators attended an August 9 seminar entitled “Crisis Intervention Teams: Law Enforcement, Mental Health and the Community Working Together ... Seriously!” The seminar, held in Hot Springs, was led by Chief Deputy Ward Calhoun of the Lauderdale County (Mississippi) Sheriff’s Department; and Amy Bishop, director of adult services, and Amy Mosley, a therapist and director of emergency services, at Weems Community Mental Health Center in Meridian, Miss. They spoke about the crisis intervention training (CIT) programs they have implemented to divert those suffering from mental and/or behavioral health issues from county jails. Many view Mississippi as the model for Arkansas’ CIT efforts. At left, Greene County Judge Rusty McMillon speaks to Chief Deputy Calhoun during a break in the day-long program.

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AAC

F amily & F riends

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AG Opinions: From court records to coroners’ issues

AG OPINION NO. 2015-121

The AG made clear that Supreme Court Administrative Order No. 19 addresses and governs over the FOIA concerning certain court records requests. The order provides a distinct procedure that is independent and applies to certain types of requests for court records. The Freedom of Information Act (FOIA) is a gap-filler.

Administrative Order No. 19 that explicitly provides: “Except as otherwise provided by this order, access to court records shall be governed by the {FOIA}.” The AG went on to explain that Section IV of Administrative Order No. 19 sets forth a detailed and lengthy process that governs requests for compiling information, such as a background check or bulk record requests. The order also provides for an appeal process for aggrieved requesters to the Supreme Court Committee on Automation.

AG OPINION NO. 2016-053

The AG considered whether the Division Order voluntarily supplied to an assessor by the oil and gas industry is subject to release by the assessor under the FOIA. The AG noted that Division Orders are of great value and costs savings to assessors in ascertaining the proportional ownership of oil and gas interest. The AG further noted that Division Orders were at substantial costs and efforts and if provided to competitors could undermine the owner’s competitive advantage. The AG determined that a court would very likely hold that the Division Orders as described under the facts of the inquirer are exempt from public disclosure. The AG also concluded there is no apparent law that would apply to Division Orders to require public disclosure.

AG OPINION NO. 2015-147

The AG determined that county treasurers are authorized to commission the profits from prisoner commissary services and prison telephone services deposited with them. The AG noted that ACA §216-302(a) provides that the county treasurer shall be required to collect a treasurer’s commission of 2 percent on all funds coming into their hands as treasurers and to be paid out of the respective funds except as otherwise provided by ACA §§ 6-1312

701, 6-17-908, 6-20-221, 14-19-913, 14284-403, and 21-6-104. The AG further explained that the commission must be charged before crediting the funds to the Sheriff’s Office Fund and that 100 percent of the funds (remaining after the commission) shall be credited to the Communications Fund. The AG noted also that it did not make a difference in taking the commission whether the Communications Facility and Equipment Fund is on the books of the county treasurer or the sheriff.

AG OPINION NO. 2016-036

The AG explained the law provides that court costs, restitution and fines must be paid in full immediately unless the court grants permission for payment within a specified time or partial payments. The AG noted that ACA §16-10-209(5)(F) (i) directs that partial payments in district courts shall be directed to court costs, then to restitution and then to fines. However, there is no statute directing the allocation of partial payments in circuit court. The circuit court has discretion within the order on partial payments to assure that (for instance) restitution is paid first. There are, however, some fees such as installment fees and credit card fees that must be paid prior to distribution. Under prior law, counties and cities were authorized to adopt ordinances directing the order of allocation of partial payments.

AG OPINION NO. 2016-002

A quorum court apparently had adopted an ordinance attempting to create an ambulance service, but failed to adopt an assessment or millage as a means of funding the district as required by the law. The AG determined that the ordinance was invalid. The AG explained that a service district may be created by petition and county court order under ACA § 14-282-102 (a)-(d). However, the creation of a district under ACA § 14-282-102(e) by ordinance expressly requires the ordinance to designate the area to be affected and to set forth the method of assessment or funding.

AG OPINION NO. 2016-010

The AG determined that a county official or employee could not sell or donate

AG Opinions

real property to a county.

ACA §14-141202 allows a county official or employee to enter into contracts with a county where Mark Whitmore the quorum court finds by AAC Chief Counsel a two-thirds vote the transaction is in the best interest of the county and there are unusual circumstances under which the purchases are allowed. However, the law is limited to goods or services and does not authorize the sale or donation of real property.

AG OPINION NO. 2016-030

In this opinion, the AG addresses multiple questions regarding county coroners.

The AG stated that a coroner’s operating expenses are not fixed by state law. It is the role of the quorum court to appropriate sufficient funds to cover necessary expenses incurred by the coroner in the performance of the official duties of that office.

The AG noted the Mass Fatality Resource Inventory and Mutual Aid Agreement, ACA §14-15-309, which provides guidance for the types of items the General Assembly contemplated would be available to coroners. Examples of items coroners need to perform their official duties include: body refrigeration units, investigative equipment, body recovery equipment, vehicular equipment, and office space. The AG also stated that a coroner is entitled to membership in the Arkansas Public Employees Retirement System if he or she can demonstrate that: 1) he or she works at least 80 hours per month during a 90 consecutive- day period and 2) his or her rate of pay is not less than the federal minimum wage. Finally, the AG opined that state law generally does not contemplate coroners serving under a contract.

In the AG’s opinion, a county cannot compensate an elected coroner as an independent contractor. This pronouncement is in reference to the county coroner, the official. This opinion is not in reference to elected deputy coroners.

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A look ahead at Election Day

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hhh, it’s September in a general election year. As temps start to subside, the political heat is ramping up even higher than it has been for the last year.

Voters and election officials can expect an early voting period and Election Day like we have never before seen.

By the time I pen my next column, Arkansas voters will have cast ballots on seven initiatives and referendums and federal and state Senate and House seats while our country will elect a new President.

I thought it would be timely to address a few of our state’s laws regarding election procedures and provide some helpful links.

The State Board of Election Commissioners (SBEC) is required to summarize legislative changes after a session. See this link for summaries from the 2015 general assembly: https://static.ark.org/ eeuploads/elections/2015_Legislative_Update.pdf Voter registration Amendment 51 to the Arkansas Constitution was proposed through an initiative petition and approved by Arkansas voters in 1964. The statement of policy in Amendment 51 states: “The purpose of this amendment is to establish a system of permanent personal registration as a means of determining that all who cast ballots in general, special and primary elections in this State are legally qualified to vote in such elections, in accordance with the Constitution of Arkansas and the Constitution of the United States.”

“Permanent Registrar” means the county clerk in each of the several counties of this state, according to Amendment 51 § 2.

Amendment 51 also defines voter registration agencies as the office of Driver Services of the Revenue Division of the Department of Finance and Administration and all state revenue offices; public assistance agencies, which includes those agencies that provide services under the Supplemental Nutrition Assistance Program (SNAP), Medicaid Aid to Families with Dependent Children and the Special Supplemental Food Program for Women, Infants and Children (WIC) programs; disabilities agencies that offer state-funded programs; public libraries; and the Arkansas National Guard.

The Secretary of State is designated by Amendment 51 as the chief election official and is mandated to prepare and distribute the pre-addressed postcard mail voter registration application forms. The amendment also describes the required training for employees necessary for those entities who will assist persons with voter registration applications and provides those training procedures be filed in a report every six months to the Legislative Council and the Secretary of State including recommendations for improvements.

If you haven’t registered to vote for this historic election, be mindful of the deadline to register — 30 days prior to the election. If you are mailing in an application, it must me postmarked by the 30-day deadline.

Poll watchers The certainty of an election that will garner heightened attention also will bring the increased participation of poll watchers.

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Behind the

The SBEC “Rules on Poll Watchers, lines Vote Challenges and Provisional Voting” is the best summary of these rules and regulations.

The SBEC guidebook states that a poll watcher is “any authorized representative of a candidate, any authorized representative of a group seeking passage or defeat of a measure on the ballot, and any authorized representative of a political party with a candidate on the ballot who is present at Scott perkins a polling site or an absentee ballot Communications processing site to observe and ascertain the identity of persons presentDirector ing themselves to vote at the polls or to observe and ascertain the identity of absentee voters for the purpose of challenging any voter in person or for the purpose of challenging any absentee vote.”

Poll watchers who are not candidates are required to file a “Poll Watcher Authorization Form” with the county clerk and a “file-marked copy presented to an election official immediately upon entering the poling site, absentee ballot processing site or counting site.”

Candidates who wish to witness an early voting counting site or an absentee ballot processing site “must present identification, but are not required to present an authorization form,” according to the SBEC guidebook.

The SBEC entire guidebook can be located online at https:// static.ark.org/eeuploads/elections/FINAL_Provisional_Voting_Rules_with_comments_20151215.pdf

Ballot initiatives and referendum The 90th Arkansas General Assembly approved three Constitutional amendments before they adjourned in 2015. Go to the following link to learn more on all the issues: http://www. uaex.edu/business-communities/voter-education/state-ballotissues.aspx.

At this time, Arkansas citizens through the initiative petition process have placed four items on the November ballot. Some of those will need to survive current court challenges, however.

These proposed Constitutional amendments include: Issue No. 4 — An Amendment to Limit Attorney Fees and Damages in Medical Lawsuits.

Issue No. 5 — An Amendment to Allow Three Casinos to Operate in Arkansas in Boone, Miller and Washington counties.

Issue No. 6 — The Arkansas Medical Marijuana Amendment.

Issue No. 7 — The Arkansas Medical Cannabis Act. Voters will navigate lengthy ballots in November. So educate yourself and let’s all remember to keep our cool at what will most likely be very busy polls this fall. Voting is one of our most sacred rights.

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Ballot issues: What are you voting on?

Governmental Affairs rticle 5 § 1 of the Arkansas Constitution pro- a mobile society when we’re not

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vides the General Assembly the opportunity to propose up to three constitutional amendments for the voters of Arkansas to decide. These resolutions are vetted in the Joint House and Senate State Agencies committee. In 2015, the Senate filed 16 senate joint resolutions (SJR) and the House filed 27 house joint resolutions (HJR). Many of these resolutions mirrored the opposite chamber resolutions and were properly discussed. At the end of the day the joint committee approved HJR 1027, SJR3 and SJR16. Following the passage of both chambers, these resolutions are now on the ballot for the 2016 general election and listed as issues 1, 2 and 3.

Issue 1 may be the most important issue on the ballot for many of our readers. Popular Name: “Proposing an amendment to the Arkansas Constitution concerning the terms, election and eligibility of elected officials.” Currently, countywide elected officials serve a two-year term. If voters approve this measure, that would change to a fouryear term beginning in 2019. However, district officials working in the legislative branch would continue serving two-year terms. Gov. Asa Hutchinson said he “will vote for the four-year terms for county officials” in his speech at the AAC annual conference in August. He also brought up another point that hasn’t been talked about as much: turnout for the non-presidential years. Hutchinson said, “If this passes, county officials would cycle on the gubernatorial cycle, and I believe that will increase the turnout.”

Issue 1 will prohibit certain elected county officials from being appointed or elected to a civil office. The writers of the constitution did not define “civil office,” but the court system has given guidance to this topic in the past. This amendment would allow unopposed candidates to be elected without their name appearing on the ballot. Lastly, it lays out a clear definition of “infamous crime.” The lack of clarity has caused confusion in the past regarding who is eligible to run for public office. The Constitution currently says if a citizen has been convicted of an infamous crime, that person is disqualified from running for public office.

HJR 1027 passed the House of Representatives 87-2 and the Senate 33-0. There has been no organized or publicized opposition to this amendment.

Issue 2, Popular Name: “A Constitutional Amendment to allow the governor to retain his or her powers and duties when absent from the state.” When Gov. Hutchinson leaves the state, he loses his powers as governor. These powers fall to the lieutenant governor, the Senate Pro Tem and the Speaker of the House, in that order, if the next in line is also out of state. It’s safe to say that the state has upgraded its technology since the inception of the Arkansas Constitution. Gov. Hutchinson said at the AAC conference, “in 14

on wagons anymore — we can actually move very quickly — we should not have that old system.”

If approved by the voters, the governor would retain his powers when he leaves the state for any reason. This passed the House of Representatives 80-0 and the Senate 30-1. There has been no organized or publicized opposition to Josh Curtis this amendment.

Governmental Affairs Issue 3, Popular Name: “An Director amendment to the Arkansas Constitution concerning job creation, job expansion, and economic development.” Voters approved Amendment 82 in 2004, allowing the state to issue general obligation bonds to pay for infrastructure or other needs to attract large economic development projects. Big River Steel was the first to take advantage of Amendment 82 super project incentives.

Amendment 82 set a cap for bonds at 5 percent of the state’s general revenues. This cap represents approximately $259 million. The most recent project that came before the Legislature was a package for Lockheed Martin of East Camden to build the new and improved Humvee, a joint light tactical vehicle (JLTV). The Legislature approved the incentive package, but Lockheed Martin was not awarded the contract from the U.S. Department of Defense. If Lockheed Martin won the bid, the state would have been right up against the cap and couldn’t offer any more incentives to super project prospects. Issue 3 would remove this cap but keep the requirement that mandates a legislative vote for final approval of any bonds issued.

Secondly, it would allow counties and cities to obtain or provide money for other entities to support economic development projects or services. Many of our counties and cities partner with their chamber of commerce or a county economic development board for economic development projects or services. There have been some constitutional questions regarding these partnerships, and this initiative attempts to clearly define what is allowed under the Constitution. Thirdly, it clarifies the authority cities and counties have to issue bonds for economic development projects. It would modify parts of Amendment 62, which the voters passed in 1984, but would keep the requirement for voters to approve the bonds through the election process. The last four parts of this proposal modify Amendment 62, as well.

They allow a legislative body to authorize the use of other taxes in order to pay off municipal and county bonds. CurSee

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Government employers’ concerns: free speech, social media and at-will employment

And they wonder why they’re profiled. #idiots.

They need to get a fire hose and spray these folks. They’re standing on 18 wheelers and (expletive) ... Don’t take no (expletive), this is our City! ... [Referring to a trio of women of differing races:] It’s like: 2 Ferraris and a dump truck.

— Jonesboro, Ark. city official’s Twitter posts; suspended for two weeks without pay.

— Shelby County, Tenn. sheriff’s deputy Facebook posts; relieved of duty

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By Lindsey Bailey AAC Legal Counsel

hether employees realize it or not, even when off duty, they may still be representing their employer. With the prevalence of social media use among the public, often involving heated discussions on divisive topics, it is pertinent for employers to notify their employees of this fact before it becomes an issue. Some of you may be asking yourself, “How were some of those people terminated? The First Amendment protects our right to free speech!” Others may be thinking, “Why do I need to have these conversations with employees? Arkansas is an at-will employment state, and I can fire whoever I want for whatever reason.”

Well … not exactly.

One of the most touted yet least understood concepts in U.S. Constitutional law is the First Amendment’s guarantee of a citizen’s “free speech.” In spite of what much of the public believes, the First Amendment does not give a citizen the right to say whatever he or she wants with no possible consequences. To the contrary, the First Amendment gives a citizen the right to use protected speech without fear of certain consequences or censorship by the government.

Classes of speech that are generally not protected by the First Amendment include obscenity, defamation, words that incite a “clear and present danger of imminent lawless action” and “fighting words.” Many of the examples cited above could fall into one or more of these categories. In COUNTY LINES, SUMMER 2016

Would someone please put a bullet in the (expletive) head. He has no respect for anyone in uniform and no respect for America. He’s a worthless piece of (expletive).

— Anchorage, Ky. firefighter commenting on an inflammatory article about President Barack Obama; suspended and under federal investigation.

contrast, political speech or conduct is heavily protected.

County-elected officials are in a unique position as employers because they are also arms of the government and are ruled by the First Amendment free speech principals regarding what kind of employee speech and conduct they can restrict. In this age of technology, social media and people making their lives and opinions more public than ever before, it is reasonable that employers might become uneasy about what employees might do or say in a public forum and how it could reflect on the employer. Some easy-tofollow, key guidelines include: See

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Social Media 1. Restricting the content of an employee’s speech, or restricting what they can say requires a showing by the employer that the restriction is necessary to serve a compelling state interest and is narrowly tailored to achieve that goal. In cases of speech restriction, courts have been less likely to uphold prior restraint of certain categories of speech, and more likely to uphold the subsequent punishment for unprotected speech that has already taken place.

2. Restricting an employee’s conduct or restricting what they can do is somewhat more lax, requiring an important government interest if the conduct is in a public forum (like social media), or merely reasonably related to a legitimate regulatory purpose if the conduct is in a nonpublic forum (such as the private dinner conversation).

3. Overbroad restrictions on employee speech (“you cannot have a social media account”) and restrictions giving the employee unfettered discretion (the county elected official only restricts speech that is morally reprehensible to her) are prohibited. Similarly, a restriction on employee speech can be void if it is too vague (“Do not post anything on social media that might be offensive to a member of the public.”)

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Court ruled that it was a violation of the employees’ First and Fourteenth Amendment rights for a newly elected Democrat sheriff to terminate a group of Republican “noncivil-service employees,” including a chief deputy of process serving, a bailiff, a process server, and an office employee based solely upon their lack of affiliation with the Democratic Party, even though this type of dismissal was a common practice in the county where a new sheriff was elected almost every election cycle. The majority ruling stated specifically that it was unconstitutional to discharge or threaten to discharge “a nonpolicymaking, nonconfidential government employee ... from a job that he is satisfactorily performing upon the sole ground of his political beliefs.”

In 1980, the Supreme Court took up a similar issue in Branti v. Finkel, further clarifying the Elrod ruling. Here six of nine assistant public defenders in an office were dismissed because of their Republican Party affiliation. The Branti court ruled, “The ultimate inquiry is not whether the label ‘policymaker’ or ‘confidential’ fits a particular position; rather, the question is whether the hiring authority can demonstrate that party affiliation is an appropriate requirement for the effective performance of the public office involved.” The Court explained that while a governor’s speech writer or communications director might require party affiliation to be an effective member of his employer’s team, party affiliation was not an appropriate requirement for a state university football coach.

Following these federal cases, in 1985, the U.S. Eighth Circuit Court of Appeals (which is binding on Arkansas courts) held in Horton v. Taylor that a county judge’s roadgrader employees did not meet the exception of the “policymaking [employee] related to ‘partisan political interests,’” nor did they have “access to confidential information bearing whatsoever on partisan political concerns.” Also considered was the Branti addition of whether “party affiliation is an appropriate requirement for the effective performance of the public office involved.” Answering all of these inquiries in the negative, the court upheld the lower court’s determination that the road-grader employees were wrongly dismissed based solely on party affiliation.

In this particularly volatile election cycle, it is inevitable that some county employees will feel compelled to exercise their right to free political speech, whether in person in a county office or over social media. As an employer, you may not agree with or like everything they have to say — in fact, you may despise and be appalled by it. You may even want to fire the employee. It is important to be aware of a county elected official’s rights as an employer in an at-will employment state, while also being mindful not to violate an employee’s First Amendment rights.

The Arkansas Department of Labor website explains the Arkansas-adopted doctrine of “employment at will” by stating that, absent a contract indicating otherwise, “either the employer or the employee may end the employment relationship at any time for any reason or for no reason at all.” It then lists numerous federal and law exceptions that serve to protect employees from discrimination. An employee canThreat of or actual dismissal based not be fired solely “on the basis of age, sex, race, religion, on protected speech national origin or disability,” among others. An employee While Elrod and Branti involved cases in which the disalso cannot be fired solely for exercising their right to pro- missals were based only on political beliefs and associations, tected speech or affiliation, political or otherwise. the Horton case also addressed the termination of county employees based on arguably protected political speech.

Threat of or actual dismissal There is a separate test for employers’ dismissal decisions based solely on political affiliation when possibly protected speech is involved rather than In 1976, the U.S. Supreme Court in Elrod v. Burns pro- mere beliefs or associations. The first question to be asked is hibited “patronage dismissals” of county employees. The whether the statements made by the employee were “mat16

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ters of public concern.” If the employee is speaking not as a citizen on matters of public concern, but merely as an employee on matters of personal interest or dislike, then generally the employer’s personnel decisions in reaction to the employee’s speech or behavior will not be disturbed by the courts.

However, if the employee’s speech or conduct involved legitimate matters of public concern, then the appropriate test becomes balancing “the degree of ‘public concern’ legitimately held in the particular expression of ideas — as measured by the expression’s content and context — against the degree to which the employee’s conduct is justifiably viewed by the public employer as an actual or threatened disruption of the conduct of government operations for which the employer is responsible.” However, the court cautioned that if there is only a small degree of public concern in the employee’s expressions, the public employer does not have to “tolerate action which he reasonably believe[s] would disrupt the office, undermine his authority, or destroy close

Ballot rently, only special taxes collected can be used to pay off these bonds. The fifth section of the proposal repeals the requirement that municipal and county bonds have to be sold at public sale. Lastly, the amendment allows for counties, cities, towns and school districts to form compacts for economic development projects. Economic development projects means the land, buildings, furnishings, equipment, facilities, infrastructure and improvements that are required or suitable for the development, retention or expansion of manufacturing, job training facilities, and regional or national corporate headquarters. A lot of what this amendment is attempting to achieve is clearly defining what constitutes tax payer dollars being spent on economic development.

The University of Arkansas Division of Agriculture, Research and Extension office has released the 2016 voter guide, “Arkansas Ballot Issues.” I have referenced this report multiple times in this article. The voter guide stated there has been no organized or publicized opposition to issues 1 and 2. Issue 3 was the most controversial of the three; the House of Representatives passed it 70-22, and the Senate passed it 20-5. The opposition to Issue 3 believes taxpayer dollars should not be spent on private companies, and gov-

working relationships.”

Finally, if the dismissal is found to be for mixed motives, both political speech over matters of public concern as well as expressions of personal opinion on personal matters, then the next test is whether the dismissal “would have been made in any event for reasons unrelated to any exercise of protected First Amendment rights.” If so, then the dismissal could be deemed appropriate. Once an employee establishes that their political affiliation or speech was a factor in their termination, the burden shifts to the employer to show that the employee would have been terminated anyway, notwithstanding the employee’s protected conduct or speech.

Having and sharing a social media policy as well as an employee conduct policy with your employees could protect both employer and employee from mishaps that might arise when expectations are not adequately communicated. It is equally important to have your social media and employee conduct policies vetted and approved by your county attorney as well as your general liability defense attorney.

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ernment should not be in the business of picking winners and losers.

Readers may visit http://www.uaex.edu/business-communities/voter-education/ArkansasBallotIssuesVoterGuide2016-Final.pdf to find out more about Arkansas ballot issues. This voter guide breaks down each ballot issue in its entirety and gives an unbiased opinion on what each issue would do if enacted by the voters. It also provides the views of the supporters and the opponents. This is an excellent resource for all voters across the state. There are four other ballot issues to be voted on in November. These are all measures that qualified to be on the ballot through the petition process. Editor’s note: all four of the remaining issues are being challenged in court.

Issue 4 is an amendment to limit attorney contingency fees and non-economic damages in medical lawsuits.

Issue 5 is a proposal to allow casino gambling in Boone, Washington and Miller counties. You are probably already seeing commercials for this proposal. I anticipate this ballot issue to be one of the most talked about amendments.

Issue 6 is the medical marijuana amendment, and Issue 7 is the medical cannabis act.

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‘What you want, Baby, I got’

Running a clean campaign on your own merits

Seems To Me...

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hat You Want, Baby, I Got. Sound familiar? It rural state like Arkansas, said in an interview earlier this year, “Candishould. It’s the opening line to Aretha Franklin’s dates need to stop the name-calliconic “Respect.” And it’s what you need to be ing.” His advice should be heeded touting when running for public office. Maybe in national, state, county, municipal not that exact phrase — but that message. Your message is why and elections of any type. Furtheryou’re the right person for the job, not why someone else isn’t. more, this advice is useful for both Running a great political campaign is like writing a great resume. When you’re running for elected office, the job descrip- the candidates and their supporters.

There’s nothing wrong with tion pretty much tells you what the employer [the electorate] Eddie A. Jones “healthy” competition, with needs, doesn’t it? So your campaign needs to be the answer to County Consultant “healthy” debate. It is extremely that need. In other words, what they want, you got. Just like a important to want the right person good resume embeds keywords throughout the document — your campaign must use keywords, ideas and policies. Use these for the job. That is what we all want — someone who has our best interests in mind, someone in a positive way promoting your candidacy. honest and respectful.

I believe negative campaigning is crippling our political Hey, there’s a key word for operating a clean campaign — system. Negative campaigning, known colloquially as “mud“respectful.” It is absolutely important, especially in a local slinging,” is trying to win an advantage by referring to negative aspects of an opponent rather than emphasizing one’s own posi- campaign. Always keep in mind that the opposition are people too. They tive attributes have children or preferred and grandpolicies. children, Negativity brothers and is common in egative campaigning prevents many good candidates sisters, nieces political camfrom entering politics and public service and leaves us and nephews, paigns across along with our counwith candidates who are comfortable with conflict. many other try. We are friends and bombarded relatives. with mesKeep that in sages telling mind before you begin to blast your opponent in public, perus that candidates, politicians and the government are corrupt, haps unknowingly in the presence of his or her family. Choose incompetent failures. Candidates say this about their competitors, and politicians say it about the opposing party. Candidates to be respectful before typing a rumor-filled rant on social media. When the election is over, they will still be our neighbors. seeking elected office for the first time almost universally justify There is no good reason to be ugly in a campaign and cause a lot their own election by saying the existing government is broken and that change is needed. Just because negative campaigning is of hard feelings among friends and neighbors in our Arkansas counties. common does not make it right.

I had 14 campaigns for county constitutional office. Many of Negative campaigning prevents many good candidates from those were uncontested because I made sure I took care of my entering politics and public service and leaves us with candi“local politics” on a daily basis year round. I did that by having dates who are comfortable with conflict. Government becomes an open-door policy to everyone regardless; I was very active populated with people who are primed for conflict, which in the community and community activities; I did not bad causes deadlock and paralysis, making the government less able mouth people; and I strove for excellence in the operation of to do the work of the people. This, in turn, leads to less supthe people’s office to which I had been granted the privilege to port by the public, more negative campaigning and fewer good serve. [It was not my office.] candidates. It is a destructive spiral.

But there were times that I did have an opponent. My exIt was not long ago that this scenario was attached only to national government. But, unfortunately, it has filtered downward ample will be my 1986 race in which I had an opponent from an old established farm family of the county. Some believed and has affected all levels of government — even local governI was vulnerable that year because I had just gone through a ment. David Letterman, commenting on the “ugly” campaign divorce the previous year. [Not something I’m proud of or brag that I’ve been describing said, “You look at some of these races about, I’m just telling the truth — the facts.] My divorce — my around the country, and you think it’s just a shame somebody failings — were used against me in the campaign. Some things has to win.”

U.S. Congressman David McKinley of West Virginia, a small said were true; others were fabrications.

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How did I handle the negative campaigning against me in 1986? I remembered what Bill Clinton told some of his friends in his 1982 campaign for governor when he was trying to make a comeback. He had lost to Frank White in 1980 after serving only one term as governor. He had taken many hits in the 1980 campaign, and he resolved in 1982 to respond to every allegation. Clinton said, “If someone repeatedly spreads lies about you, and you don’t answer, people eventually will believe them.”

Some of the hits Clinton took in the 1980 campaign were true — others were not. In the 1982 campaign Clinton publicly apologized, on statewide television, to the people of Arkansas for the mistakes he had made in his first term and asked for a second chance. When a lie was told about him during the campaign he addressed it.

In my 1986 campaign I publicly admitted my personal failings, but in talking to the electorate told them I was no different than they were. I was human. I had made mistakes and would make more. They appreciated my honesty and openness.

However, I made it a point to tell them that it was my desire to continue to serve them in an honorable and professional manner as their “public servant.” In my five plus years of service at that point in my career I had already gained a reputation for being forthright and truthful but cognizant of others feelings, operational excellence, exacting and accurate “to the penny” financial reporting, a willingness to work with the quorum court and other elected officials, a strong financial management plan, and a willingness to listen to the electorate.

During my 1986 campaign my opponent made several allegations about me and my tenure as a county official that were not true. They were not necessarily being said by my opponent, but by her supporters and inner circle. I addressed each of the allegations but never mentioned the name of my opponent nor did I ever say anything negative about my opponent.

Not mentioning a name reminds me of the 1976 presidential campaign. During Gerald Ford’s administration, after taking over the presidency upon the resignation of Richard Nixon, he was in a news conference when journalist Fred Barnes asked a question. President Ford said, “This was during the 1976 primary campaign, in which my main opponent for the Republican presidential nomination was Ronald Reagan. One big issue in that campaign was the pardon of Richard Nixon. Though I felt I had done the right thing, I wasn’t exactly eager to call attention to that particular decision. Evidently, my reticence didn’t escape Fred. He got up at the press conference and said: ‘Mr. President, two or three times today you have talked about your predecessor, and once you referred to Lyndon Johnson’s successor. Are you trying to avoid saying the name Richard M. Nixon?’ My answer was simple and succinct. I said, “Yes.” Although Richard Nixon was not Gerald Ford’s opponent — it was not a name that he wanted associated with his campaign in the 1976 Republican presidential primary. I believe mentioning the name of your opponent in your campaign just gives them free advertising and exposure. Do your best to never mention the name of your opponent when campaigning and never talk badly about your opponent. Run your race on what you have done and can do for the folks in your county. Run on your merits, not the demerits of others. If you don’t have enough merits, you probably don’t need to be running.

And now, back to my 1986 campaign. When it was all said and COUNTY LINES, SUMMER 2016

done, I won that election with 67.6 percent of the vote. The Pocahontas Star Herald reported, “Randolph County Treasurer Eddie Jones received the largest percentage of the vote in this county, polling 67.6 percent as compared to 32.4 percent for his challenger.” Some of the names on the ballot that year included Gov. Bill Clinton, former Gov. Orval Faubus, Lt. Gov. Winston Bryant and U.S. Rep. Bill Alexander. I felt fortunate to have polled more votes than anyone else on the ballot, but I truly believe that I could have lost that race if I had decided to go negative.

I understand that this publication is read primarily by people who are already elected to office — so you’re running for reelection. You want to run a clean campaign but your opponent is known for running a negative campaign. How do you maintain your commitment to run a positive campaign and not let your opponent get the upper hand?

First, let me tell you that surveys show that more than 80 percent of survey respondents think that attack-type campaigning makes people less likely to vote. Similar percentages characterize attack campaigning as unethical and expressed the view that such techniques produce less trustworthy leaders. Voter preferences suggest that campaigns that emphasize fair, relevant and truthful information will be more effective and appealing to voters.

Here are some ideas about how to run a clean campaign: 1. Run a campaign that voters can feel good about. A yardstick for measuring campaigns is whether their tactics are designed to draw voters into the process and to the candidate’s run for office. This includes: • Asking voters to support your candidacy based on your positions on the issues facing the county; • Being honest about your views, what you will do and the kinds of decisions you will make when elected or re-elected; • Using campaign methods that meaningfully engage the public about issues facing the county or the office you are seeking; and • Treating fellow candidates with honesty and respect — confining any criticisms to issues that are relevant to the office being sought, not criticisms of the opponent.

Some of the campaign techniques that push people away from the election process include: • Personal attacks such as name calling, character assassination, innuendo and stereotyping; and • Mischaracterizing others’ positions for political advantage — such as using half-truths or twisting the facts to create a false impression.

2. Responding to negative attacks in the proper manner. If you have pledged to run a clean campaign based on truthful, relevant and fair information, it can inoculate your campaign against the effects of unfair negative attacks by your opponent. The goal of pledging to run a “clean campaign” is to have negative attacks on your campaign look conspicuously uncongenial from the fair and informative tone that you are setting for your campaign.

If you are the victim of a negative campaign, analyze what See

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Campaigns you consider to be an attack piece in light of what voters want: fair, truthful and relevant information. Ask yourself: • Is it fair? Is this an example of a half-truth that leaves a false impression? Is the timing suspect, leaving little or no time for you to meaningfully respond?

• Is it truthful? What documentation do you have to show that it is not truthful?

• Is the negative attack twisting facts to create a false impression? If so, get the whole truth before the voters.

• Is the subject of the attack relevant to your ability to hold the office for which you are running?

Then do what you can to get the message out on why the attack is untruthful, irrelevant and unfair. But whatever you do, resist the urge to respond in kind with a counterattack of your own. You run the risk that the counterattack will backfire and leave the original attack unanswered on the merits. Only use the truth to defend yourself and never mention the name of your opponent.

We have talked about running a clean campaign, but how do you win a local election? Of course, running the clean campaign goes a long way, but let me give you a list of some other things that it takes to win an election. They include, but are not limited to: • Develop a network of friends, family and community leaders that will support you in your campaign. Even a local campaign takes financial support, emotional support and public support.

• Create a platform that you believe best serves you and your county. Be able to articulate why you are the person for the job. That requires knowing in detail what the office’s responsibilities are. Then create your “stump” speech — the speech that defines why you are good candidate, how you intend to improve the office or how you have improved it, and most importantly, ask for their support.

• A successful local campaign most often has a massive door-to-door component that allows the candidate to meet more of the county, and engage them to find what they feel needs improvement. It also allows the candidate to ask for permission to place a yard sign supporting his or her candidacy. People really appreciate seeing the candidate in person, and feel good that you personally asked for their vote. Especially when they visit the polls on Election Day. • Create “creative and catchy” pamphlets, banners, buttons, signs or other campaign paraphernalia to disperse door to door and at community events. Anywhere there are people you and your volunteers should not be far behind.

And most importantly consider a targeted mailing. A mass mailing of your campaign literature to frequent voters is an excellent idea.

• Use positive local media advertising. Depending on your county that could be newspaper, radio or television — or maybe all three. Television is not widely used in Arkansas county political races, except in the more populated areas. And, of course, don’t forget social media. Just be 20

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sure to use social media in a positive way.

A website is an essential tool for a candidate today — even at the county level. Voters may or may not be motivated enough to visit a website, but it still serves other functions. Simply having a web address at the bottom of a campaign card gives the impression that you are savvy and professional. Also, supporters can be energized by reading about the progress of a candidate on a regularly updated website.

There is no easy, sure fire way to win any political office, but if you follow this limited advice you increase your chances of winning. You may have noticed that the recommendations made no mention of opposition, because as a candidate, the only candidacy you should be concerned with is your own. Do not waste your time discussing your opponent. That time could be better used to prove you are the best candidate.

In local county elections the most important factor is personal contact with voters. There are lots of people today that will have you believe that you need to craft a persona, or spend lots of money to impress potential voters. I say they are wrong — or at least not necessarily correct. Time and time again, the candidate who walks the most miles, shakes the most hands, rings the most doorbells and concisely articulates their message almost always wins. In a local election, you make your race about the people, and you do your best to meet every frequent voter in the county. You must be willing to commit to the cause. A great and successful county campaign means many 14- to 16-hour days.

As I wrap this up, beware of falling into the trap of “endsversus-means thinking” when it comes to campaigning: doing whatever it takes to win, rationalizing that once you have won [the ends], the means won’t matter. Take it from a 36-year public servant — public service involves countless temptations to take what seems to be the expedient but often unethical path. Although it seems somewhat trite, in a democratic form of government dependent upon the trust and confidence of the governed, the means are a very big part of the ends.

Remember the two little old Greek guys Aesop and Plato?

Yeah, they’re ancient, but I want you to disprove them. Aesop, the Greek slave and author of fables said, “We hang petty thieves and appoint the great thieves to public office.” Plato, the ancient Greek philosopher said, “Those who are too smart to engage in politics are punished by being governed by those who are dumber.” Prove them wrong. When you are running for election or re-election remember to tell the electorate “What You Want, I Got.” But don’t mention the names of those old guys. They sound like the opposition to me.

Conducting a clean campaign should not be an apparition, an accident or an anomaly. It should be the norm. County officials of Arkansas, run a “clean campaign!” Grover Cleveland, the only president to serve two nonconsecutive terms, said, “What is the use of being elected or re-elected, unless you stand for something?” So, stand for the right things, get elected and continue to stand for the right things. Arkansas county government will be the better for it.

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The New Overtime Rules Starting Dec. 1, 2016, everybody who makes less than $47,476 per year, regardless of job duties, (that’s $913 per week, or $22.825 per hour) is eligible for overtime pay. $47,476 is the NEW MINIMUM. Revised FLSA Section 13(a)(1).

Elected Officials and “Personal” Staff: An elected official is NOT an FLSA employee and not entitled to overtime. Section 3(e)(2)(C) excludes from the definition of an FLSA “employee” a person “who (1) holds a public elective office of that State, political subdivision, or agency, (2) is selected by the holder of such an office to be a member of his personal staff, (3) is appointed by such an officeholder to serve on a policy making level, (4) is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of his office, or (5) is an employee in the legislative branch or legislative body of that State, political subdivision, or agency and is not employed by the legislative library of such State, political subdivision, or agency.” The “personal” staff employees contemplated by these elected official personal staff exceptions are persons who actually function in the stead of the elected official – making the same kinds of unreviewable, subjective, policymaking decisions that the elected official makes. As a practical matter, these exceptions are the same as the “executive” and “administrative” exempt employee categories, below. This category would NOT likely include any county employees.

Non-Exempt Employee: A non-exempt employee is an employee who is entitled to overtime pay. Non-exempt employees are sometimes referred to as blue collar workers. FLSA Section 541.3(b), stated above, makes is clear that county employees who actually do the day to day county work (as opposed to managing the day-to-day workers) are non-exempt, blue collar workers who are eligible for overtime pay. By law, overtime exemptions specifically do not apply to police officers, fire fighters, paramedics, emergency medical technicians and similar public safety employees who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; and similar work. FLSA Section 541.3(b) Exempt Employee: An exempt employee is an employee who is exempt from the overtime rules and NOT entitled to overtime pay. An exempt employee is any employee who is employed in a bona fide executive, administrative, professional, or computer employee capacity, as those words are defined by the FLSA. With the new $47,476 per year threshold, an exempt county employee is one who makes more than $47,476 per year AND is an “executive” or “administrative” or “professional” or “computer” employee. The “exempt” categories are summarized below.

“Executive” Employee Exemption: A bona fide executive COUNTY LINES, SUMMER 2016

County Law Update

capacity employee is one whose : i) “whose primary duty consists of the management of the enterprise ... or a customarily recognized department or subdivision thereof; ”AND ii) “who customarily and regularly directs the work of 2 or more other employees therein; AND iii) “who has the authority to hire and fire ... ; AND iv) “who customarily and regularly exercises discretionary powers; AND v) MIKE RAINWATER Risk Management who does not devote more than 20 Legal Counsel percent of his or her hours worked in the work period to activities which are NOT directly and closely related to the performance of the work described in i), ii), iii) and iv) above.

“Administrative” Employee Exemption: A bona fide administrative capacity employee is one: i) whose primary duty consists of the performance of office or nonmanual work directly related to management policies or general business operation, AND ii) whose primary duty consists of customarily and regularly exercising discretion and independent judgment, AND iii) who regularly and directly: a) assists a proprietor or another employee employed in a bona fide executive or administrative capacity or b) performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge or c) executes under only general supervision special assignments and tasks, AND iv) who does not devote more than 20 percent of his or her hours worked in the work period to activities which are NOT directly and closely related to the performance of the work described in i), ii), and iii) above.

“Professional” Employee Exemption: As a practical matter, this category includes only members of the classic learned professions (such as scientists, artists, teachers, engineers, and the like).

“Computer” Employee Exemption: The computer employee must be employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field performing the duties of application of systems analysis ... to determine hardware, software or system function specifications or designing developing, documenting, analyzing, creating, testing, or modifying computer systems or programs ... or ... machine operating systems.

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.

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Arkansas ... Explore the possibilities

W

e have made it through the majority of the summer with all the June and July association meetings and the AAC Annual Conference. It has been a brutally hot summer, but hopefully the days of 105- to 110-degree heat indices are all behind us. It is time to take a breath, regroup and recharge our batteries. What better place to do that than in our very own state.

“Arkansas Counties, Explore the Possibilities” was a great theme for the AAC Annual Conference. We need to explore this great state. We go all over the country to sight see but forget to see what we have to offer in our own back yard. I have lived in Arkansas for more than 34 years. But, like many people, I have not taken the time to explore enough of the beauty and majesty of the “Natural State.”

There are some amazing places across the state for hiking, camping, fishing or just a simple picnic. The beauty of the Arkansas landscape is truly breath taking and worthy of some exploration. Even something as laidback as a stroll along a path in one of our 52 state parks will create many treasured memories.

With a little online research I was able to find numerous lists of picnic possibilities, places to hike labeled “easy, moderate and strenuous,” trails for bicycling and so much more. Here are just a few bits of the wealth of information that I found.

Looking for a great place to picnic close to home. The Only In Your State website (http://www.onlyinyourstate.com/ arkansas/ar-park/) has a list of the “15 Gorgeous State Parks in Arkansas That Will Knock Your Socks Off.” Here are a few examples that made the list and the county where you can find them: Chicot County — Lake Chicot State Park; Greene County —Lake Frierson State Park; Little River County — Millwood State Park; Yell County — Mount Nebo State Park; Polk County — Queen Wilhelmina State Park; Faulkner County — Wooly Hollow State Park.

If you would like to give hiking a try, go to the Arkansas State Parks website at www.arkansasstateparks.com. Go to the “trails” tab, and you will find hiking trails classified as easy, moderate and strenuous. Pick a trail, click on it, and you will find directions, phone number, e-mail addresses, GPS coordinates and more. This is an example of added information given about the Little Missouri Trail at the Crater of Diamonds State Park listed as an “easy” trail in Pike County: The trail winds its way through the woods from the campground to the scenic Little Missouri River. The trail then loops back through the forest

to the trailhead. This trail provides a relaxing one-hour hike over level terrain.

Half of the trail has paved barrierfree access and is the longest wheelchair accessible trail in southwest Arkansas.

The unpaved left-hand section of the trail is easily walked.

Savings times 2

Wallet & waistline

While you are at the Arkansas State Parks website, take a little time to peruse the site. It has terrific material about our 52 state parks.

Becky Comet It also lists just about any kind of AAC Member trail you can think of — mountain Benefits Manager biking, horseback riding and ATV, to name a few. Furthermore you can find things to “see and do,” an events calendar and places to stay — camping, cabins, lodges and other facilities. This is definitely a one-stop shop for Arkansas State Parks.

It is hard to believe, but the Arkansas Tourism official site at www.arkansas.com has even more to offer than our state parks website. They have tabs for special events, places to stay, things to do and all of the outdoors activities that are available all over the state. They also have a really cool “places” tab that has the state broken down by region as well as various cities.

If you have a particular area or city that you would like to visit in this great state you can find it here. Once you choose an area you will find maps, upcoming events, attractions and so much more.

One more thing about the Arkansas Tourism site that I really like is the “Deals & Coupons” tab. I always love a good deal. There are pages of specials to take advantage of. In fact, the last time I checked it there were 232 items listed. If you are planning a trip in the state, do not forget to check for special deals.

As I said, the theme for the AAC Annual Conference — Arkansas Counties, Explore the Possibilities — was a great theme. However, it should be more than just a theme for an event. Exploring all the possibilities this amazing state has to offer should be what we do year round. So make the time to get out and enjoy the beauty and wonder in this remarkable state that we call home. Do not miss the opportunity to explore the astounding amount of beautiful nature we’ve been blessed with. They don’t call Arkansas the “Natural State” for nothing.

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Why does Financial Intelligence software work for you?

Honorable Debbie Baxter, Montgomery County Clerk

Honorable Larry C. Davis, Saline County Treasurer

“We made the decision to make a software change in 2013. We wanted to find a company to provide new payroll, accounts payable, and general ledger software specifically designed for County government. Our goal was to be more efficient with the different options provided by the software while keeping our costs down…we have succeeded. We remain impressed with the training and ongoing support we have received.”

“…if we have a problem or question, FI is there to help. Amanda Epperson is the Arkansas Operations Manager for FI. Mandy is retired from the State of Arkansas where she worked in the Legislative Audit Division for many years…if you are considering changing financial software companies I certainly recommend Financial Intelligence.”

Honorable Tim Stockdale, Garland County Treasurer “…we have saved thousands of dollars in reduced labor costs…the electronic storage capabilities allow easy and efficient retrieval of records and documents…very friendly staff” Honorable Alma Davis, Calhoun County Circuit & County Clerk “We have been with them for three years now and really do love their system. I feel very secure in knowing that if I have a problem they are right there to help me.”

Honorable Jennifer Beene, Calhoun County Treasurer

“It was such a blessing to have a software company that was willing to help me in any situation… there was never a question that I couldn’t ask FI personnel without getting a full response…many times FI personnel went out of their way to help me resolve many issues…this software enables our office and the County Clerk’s office to work efficiently as a team…the staff has become like family…the complete solution to our software needs…”

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

800-276-4213 • Little Rock, AR © Copyright 2015 Financial Intelligence, an Information Capital affiliated company. All rights reserved.

COUNTY LINES, SUMMER 2016

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How many counties have dual county seats?

Are you sure about that?

By Mark Whitmore AAC Chief Legal Counsel &

Jarrod Kinnaird

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AAC Law Clerk

urrently, 10 counties have split judicial districts.

These counties are: Arkansas (founded in 1813), Carroll (1833), Mississippi (1833), Franklin (1837), Yell (1840), Prairie (1846), Sebastian (1851), Logan (1871), Clay (1873) and Craighead (1859). However, having split judicial districts does not mean a county will have dual county seats.

“It does not appear to be the case that a county that has two judicial districts will necessarily have two ‘county seats,’” according to Attorney General Opinion 117 (2006). The bulk of the citizens and Arkansans generally believe that there are 10 counties in Arkansas that have dual county seats.

How many counties truly have dual county seats?

What are “county seats?”

County seats are considered “the principal site” for conducting county business, as well as the storage of certain records. County seats serve multiple purposes for a county in Arkansas. County seats are to be erected in each county, and where established should contain a courthouse and jail. Bond v. Kennedy, 212 S.W.2d 336, 337 (Ark. 1948). The county, circuit and other courts held for the county must sit there.

Williams v. Reutzel, 60 Ark. 155, (1895).

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How are county seats created?

County seats are created by a vote of the majority of the people. However, a temporary county seat can be created by law. The Arkansas Constitution, Article 13, Section 3, prescribes: “No county seat shall be established or changed without the consent of a majority of the qualified voters of the county to be affected by such change, nor until the place at which it is proposed to establish or change such county seat shall be fully designated: Provided, that in formation of new counties, the county seat may be located temporarily by provisions of law.”

This is also codified in Ark. Code Ann. § 14-14-302(a): “(a) Unless for the purpose of the temporary location of county seats in the formation of new counties, it shall be unlawful to establish or change any county seat in this state without the consent of a majority of the qualified voters of the county to be affected by the change; nor will a county seat be located until the place at which it is proposed to establish or change any county seat shall be fully designated….”

How is a county seat removed or eliminated?

A county seat is removed or eliminated in the same manner as it was created, by an election of the qualified electors voting in the county seeking to remove the county seat. An election for the removal of a county seat is an “election” within the general election laws and is governed thereby. Walsh v. Hampton, 132 S.W. 214, 216 (Ark. 1910).

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Logan County Courthouse (Paris, 1873) The process for removal begins with a petition circulated by the qualified voters of the county. Whenever 15 percent of the legal voters of any county in this state shall join in a petition to the county court of the county for the change or removal of the county seat, the county court shall order an election to be held at the voting places in the county directing that the proposition of the petitioners for the change or removal shall be submitted to the qualified electors. Ark. Code Ann. § 14-14-303 (1987). The number of signatures required upon a petition for change of a county seat shall be computed upon the total vote cast for the Office of Governor at the preceding general election.

Act 166 of 1923 purported to authorize the removal of a county seat of Woodruff upon the vote of the electors of the county. The requirement for a county to establish a dual county seat or to remove a county seat is an affirmative majority vote from registered citizens of the county seeking to change its seat. Bonner v. Jackson, 158 Ark. 526 (1923).

An act from the General Assembly was held by the Supreme Court under Bonner v. Jackson not to be the means of elimination or removal of a county seat.

Please note that temporary county seats are only for new counties, and the location of the county seat is set by the General Assembly in the Act which authorized the formation of the new county. Ark. Code Ann. § 14-14-307(a) (1987).

The temporary location of the county seat in a new county is considered the permanent location until changed under the proper procedure. Ark. Code Ann. § 14-14-307(b) (1987).

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Logan County Courthouse (Booneville, 1901) Are there really 10 counties with dual county seats in Arkansas? Do the citizens and county officials in these 10 counties truly know whether their county has two county seats?

Currently, 10 counties have split judicial districts. Article 13, § 5 of the Arkansas Constitution authorizes Sebastian County, if it so chooses, to establish two districts and two county seats. See: Robinson v. Greenwood District, Sebastian County Quorum Court, 258 Ark. 798, 799, 528 S.W. 2d 930 (1975). Many of the counties reputed to have dual county seats had their judicial districts split through legislative action between 1875 and 1913. Generally, these acts established new judicial districts.

There is nothing in our Constitution which prohibits the Legislature from dividing a county into two judicial districts and defining the power and jurisdiction of the courts therein situated. Williams v. Montgomery, 17 S.W.2d 875, 875 (Ark. 1929). This notion was seen more recently in Parker v. Crow, 368 S.W.3d 902 (Ark. 2010), with the court ruling Act 74 of 1883 which split the judicial district of Carroll County, was constitutional and has not been superseded by subsequent law. However, do these acts create a new county seat? Or a dual county seat? Or do these acts merely create dual judicial districts and not affect the county seat? Act 74 of 1883 established a Western Judicial District in Carroll County, yet referred to Berryville as the county seat. Act 133 of 1885 See

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County Seats split Prairie County’s judicial districts while stating Des Arc will remain the county seat.

Some early statutes and court opinions used the terms “seat of justice” and “county seat” interchangeably. The terms “seat of justice” and “county seat” can be interchanged with some limitations, however “It is apparent that a seat of justice is not always a county seat, although a county seat is perhaps always a seat of justice.” Parker v. Crow, 368 S.W.3d 902, 911 (Ark. 2010).

In basic terms, the “seat of justice” of the county encompasses the legal activities of the county. The Arkansas Supreme Court acknowledged this difference and defined the seat of justice as a place where “the courts sat and administered justice, and the public officers kept their offices, and performed the functions of their offices.” [Law v. Falls, 159 S.W. 1130, 1131 (Ark. 1913)]. The “county seat” encompasses the government aspects of a county, as well as the town in which the county and other courts are held, and where the county officers perform and discharge their duties. Williams v. Reutzel, 60 Ark. 155, 29 S. W. 374; Graham v. Nix, 102 Ark. 277, 144 S. W. 214. The county seat does not consist merely of the courthouse and jail, but also of the territory of the town designated as the county seat. McGregor v. Cain, 7 S.W.2d 13, 14 (Ark. 1928). Judicial districts are the territorial jurisdiction of state district courts. These judicial districts are determined by the Arkansas General Assembly.

How do you eliminate dual judicial districts?

In 2010, a case appeared before the Arkansas Supreme Court in which a circuit court judge attempted to merge the two judicial districts of the county. This attempted elimination of two judicial districts (or by its correct alternative, merging of two judicial districts into one judicial district) was found by the court to be an overreach of the judge’s power under Amendment 80 of the Arkansas Constitution. Parker v. Crow, 368 S.W.3d 902, 909 (Ark. 2010). In the courts conclusion, it made as a final point and for clarification that the power to establish these districts lies with the General Assembly, citing Amendment 80, section 10 of the Arkansas Constitution, which reads as follows: “The General Assembly shall have the power to establish jurisdiction of all courts and venue of all actions therein, unless otherwise provided in this Constitution, and the power to establish judicial circuits and districts and the number of judges for Circuit Courts and District Courts, provided such circuits or districts are comprised of contiguous territories.”

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An opinion of the Attorney General lacks the power of a declaratory judgment. The opinions under Ark. Code Ann. § 25-16-706 are for purposes of interpretation of existing law for certain officials. The Attorney General is not charged with the responsibility or the authority to adjudicate facts or render judgments.

A declaratory judgment may be more appropriate. A declaratory judgment is a judgment given by a court which adjudicates the rights of parties. When disputes arise concerning private citizens or public officials about the meaning of the Constitution or statutes, a declaratory judgment is especially appropriate. McDonald v. Bowen, 468 S.W.2d 765, 767 (Ark. 1971). In Arkansas, procedure for declaratory judgments is found in Ark. R. of Civ. P. 57, and located in § 16-111-101 to § 16-111-111 of the Arkansas Code.

Can a county seat move to another county?

During the 1830s to 1880s, county borders were evolving in multiple ways. New counties were being created causing existing borders to be redrawn. Neighboring counties were also redrawing the borders separating them to follow along natural borders such as rivers. A number of counties were divided by large rivers which may have been difficult to cross for county residents. Redrawing this border shifted cities from one county to another. Some of the cities listed above were affected by this type of realignment. The question arises, were these cities voted in as county seats in a different county than which they reside in today? Would you find the voting records creating a county seat in a different county than it exists today? And would those results be valid?

The issue of dual county seat status creates an in-depth discussion combining present day and historical facts and issues. The purpose of this article is not intended to draw any conclusions as to the validity of a county seat.

How do you legally determine whether or not a county has a single county seat or is to be considered having two county seats?

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Carroll Clay Sebastian Franklin Logan Yell Craighead Mississippi Prairie Arkansas

By Jay Barth and Barrett Goodwin For County Lines

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ne quirk of local government in Arkansas is the significant number of “dual county seats,” that is two communities in the county that have a courthouse and are seen as a center of county government. Across the 3000-plus counties and county equivalents in the United States, only 28 have two county seats. Arkansas and Mississippi contain the majority of dual county seats across America, those from outside the state often are curious about the origins of the practice. In total, 10 Arkansas counties are described as having two county seats. However, in recent years, legal questions have arisen about the legitimacy of nine of them. As a result, the next few years may produce County Seats (Creation Date) Arkansas DeWitt (1855) Stuttgart (≈1928) Carroll Berryville (1875) Eureka Springs (1883) Clay Corning (1881) Piggott (1891) Craighead Jonesboro (1859) Lake City (1883) Franklin Ozark (1838) Charleston (1901) Logan Paris (1873) Booneville (1901) Mississippi Osceola (1833) Blytheville (1901) Prairie DeValls Bluff (1873) Des Arc (1877) Sebastian Greenwood (1851) Fort Smith (1861) Yell Danville (c. 1844) Dardanelle (1875) COUNTY LINES, SUMMER 2016

Past, future of dual-seat counties in Arkansas

more conversations — in legal proceedings and coffee shops — about the somewhat counterintuitive practice of, making two municipalities “the principal site” for county government business.

The legitimacy of one of the dual county seat arrangements is unquestioned. Arkansas’ 1874 Constitution clearly states Sebastian County may have two county seats in Article 13, Section 5: “Sebastian County may have two districts and two county seats, at which county, probate and circuit courts shall be held as may be provided by law, each district paying its own expenses.”

The allowance of a dual county seat system in Sebastian emanated from the chaos in the county in its early years regarding the location of the county seat produced by competition between Greenwood and the upstart town of Fort Smith. Sebastian County was created in 1851 from territory taken from three other counties. The first county seat was at Eaton Tatum’s home in Jenny Lind, but it quickly moved to Greenwood. This was controversial, however, as Fort Smith was a growing boomtown in the northern part of the county thanks to its place as a stop on the wagon trail headed to the California. In 1852, the county seat shifted to Fort Smith. It was then moved back to Greenwood from 1854 to 1861. The solution to this feud was found in 1861, when the Arkansas Legislature divided the county into a Northern district seated in Fort Smith and a Southern one seated in Greenwood. The 1874 Constitution ratified the permanence of this set-up.

Article 13 suggests other counties can choose to have additional county seats. However, the Constitution is also quite clear that the county’s voters must make any decision about any creation (or alteration) of a county seat at the ballot box. As Section 2 states: “No county seat shall be established or changed without the consent of a majority of the qualified voters of the county to be affected by such change…”

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Past However, in most of the other counties with a second county seat, it has been the state legislature’s lawmaking process rather than a county’s voters that has “created” the second county seat. Between 1875 and 1913, laws were passed by the General Assembly mandating the splitting of the “judicial districts” of a county across a number of counties. The legislation used the term “judicial district,” meaning that judicial proceedings could be carried out in courthouses in two locations in the county, but the pieces of legislation that allowed two centers of court activity in a county also explicitly stated that one town should remain the “county seat.” However, in the eyes of the public, these counties—with two buildings where court was held and other county business such as the issuance of marriage licenses were carried out—now had two “county seats.”

In recent years, two court cases have challenged this notion. Circuit Judge Ken Crow, who had written a master’s thesis on the topic of dual county seats, declared in two separate rulings in 2010 that the General Assembly’s 1883 law that had created separate Eastern and Western judicial districts — in Berryville and Eureka Springs, respectively — was in violation of Article 13 of the Constitution in that it had de facto created two separate counties on each side of the Kings River. As a result, judicial proceedings could not properly take place at the Eureka Springs court house. Later that year, however, the Arkansas Supreme Court overturned Crow’s rulings and made clear that two operating courthouses could exist in Carroll County as long as the county government wanted. The ruling did restate that Berryville was, indeed, the true “county seat” of the Ozarks county as it had been since 1875.

In 2015, county government officials in Mississippi County grappled with the closing of one or both of the courthouses — in the official county seat of Osceola and the long-time second judicial district in Blytheville — because of the cost of maintaining old buildings.

“It’s no longer feasible to have two courthouses,” Mississippi County Judge Randy Carney said early in the controversy. “The business part is a no-brainer.”

The city of Osceola retained former state Attorney General Dustin McDaniel as its attorney and the county leaders ultimately decided to avoid the conflict.

No matter their legitimacy, why does Arkansas have so many dual-seat counties?

In several cases, it was simple geography as barriers such as rivers cut counties in half, making it difficult for many residents to reach their courthouse. Like the Kings River that divided the booming Eureka Springs from the remainder of Carroll County, frequent flooding along the White River divided Prairie County. Prairie County was created in 1846, with its seat in Brownsville. After the 28

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Top: Carroll County Courthouse (Eureka Springs, 1883) Bottom: Carroll County Courthouse (Berryville, 1875)

Civil War, the county seat was moved to DeValls Bluff in 1868, as it had been a major supply depot for the Union army in the region. In 1875 the county seat was moved again, this time to Des Arc, Prairie County’s traditional main city. This proved to be less than ideal, however, because frequent flooding along the White River divided the county and made reaching Des Arc difficult for those living south of the White River. The solution was COUNTY LINES, SUMMER 2016

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to divide the county in 1885 into two judicial districts: a Northern one in Des Arc and a Southern one in the former county seat of DeValls Bluff.

Other counties lacked such barriers but were particularly large and two seats made sense in the days of horses and buggies. Logan County began as Sarber County in 1871, named after a Republican state senator named John Sarber. The original seat was a town called Ellsworth, but an election was held to change the seat to Paris. In 1875, Paris became the county seat of a new Logan County renamed after an early settler because many Democrats were none too fond of having their county named after a Republican following Reconstruction.

Paris proved to be a long way away for the residents of the southern part of Logan, as a trip to Paris took two days due to poor transportation. This part of the county wanted a courthouse of their own, so in 1901 Logan was divided by the General Assembly into two judicial districts. The Northern district was to remain based in Paris, with the Southern district seat chosen by voters to be the historic Booneville (which won out over Magazine). Paris remained the main county seat, housing all pre-1901 records for Logan County.

In other cases, as was the case in the contested Sebastian County, a new town “boomed” with population and began to demand the clout of a county seat. In a state where local government was the most prominent government in folks’ lives, being able to have a county courthouse and be the center of a judicial district meant a lot for the prestige of a community.

Over time, the block of land that was the original Arkansas settlement was broken up into numerous different counties until all that was left was officially organized as Arkansas County. This resulted in the need for a new county seat that was more centrally located than the original Arkansas Post. A location was selected, and the new resulting community was, following the drawing of a name from a hat, named DeWitt in honor of former New York Governor DeWitt Clinton in 1855. However, Stuttgart, incorporated in 1889 as a settlement of German immigrants, found its footing at the turn of the 20th century as a booming agricultural center. Soon to be known as the rice capital of the world, Stuttgart became the judicial seat for the northern half of Arkansas County

in the early 1920s due to its growing size and obvious clout in the county. Their courthouse signifying this new status was built in 1928.

For the time being, dual county seats remain a distinctive reality of local government in Arkansas.

However, with the cost of maintaining older courthouses growing every year, it is likely that future consolidation issues will arise. Moving forward, balancing history with fiscal pragmatism is likely to become increasingly difficult.

Courts may be forced to make final determinations in the conflict between Article 13 and long-time practice.

Jay Barth is M.E. and Ima Graves Distinguished Professor of Politics and Bill and Connie Bowen Odyssey Professor at Hendrix College. Barrett Goodwin is a senior Politics major at Hendrix who collected information and drafted portions of this piece.

Sources: Various entries of The Encyclopedia of Arkansas History and Culture (http://www. encyclopediaofarkansas.net/) The Encyclopedia of Arkansas. 1962. Arkansas Almanac 1962. Little Rock. The Arkansas Almanac Company, Inc. Banks, Wayne. 1959. History of Yell County, Arkansas. Van Buren, AR: The Press Argus.

Edrington, Mabel F. 1962. History of Mississippi County, Arkansas. Ocala, FL: Ocala Star-Banner.

Field, Hunter. “Dual County Seats Claimed by Some Counties.” Arkansas Democrat Gazette, 20 March 2016.

Goodspeed’s History of Craighead County, Arkansas.

1964 (1889). Van Buren, AR: The Press Argus.

Hanley, Ray and Hanley, Steven. 1999. Sebastian and Crawford Counties, Arkansas. Arcadia Publishing.

The History and Families of Carroll County, Arkansas. 2003. Berryville, AR: Carroll County Historical and Genealogical Society.

Logan County, Arkansas: Its History and its People.

1987. Paris, AR: Logan County Historical Society.

Snowden, Deanna, editor. 1986. Mississippi County, Arkansas: Appreciating the Past, Anticipating the Future. Little Rock: August House.

75 Counties - One Voice COUNTY LINES, SUMMER 2016

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AAC names 2016 scholarship recipients Students plan to study accounting, nursing, engineering and more

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he Association of Arkansas Counties recently announced its 2016 AAC Scholarship Trust recipients. AAC established the trust in 1985 to provide college financial assistance to the children, stepchildren and grandchildren of Arkansas county and district officials and employees. AAC has since awarded more than $185,000 in scholarships.

Along with AAC, the following county associations contribute to the scholarship trust annually: The County Judges Association of Arkansas, the Arkansas County Clerks Association, the Arkansas Circuit Clerks Association, the County Collectors Association of Arkansas, the Arkansas County Treasurers Association, the Assessors Association of Arkansas, the Arkansas Association of Quorum Courts and the Arkansas Sheriffs’ Association.

Kaylee Bundy • Kaylee Bundy – Kaylee is a 2016 graduate of Valley Springs High School and the daughter of Tammy Bundy, 30

Megan Renee Davidian who works in the Boone County Clerk’s office. Kaylee plans to attend Missouri State University in Springfield to pursue a Masters of Accountancy degree.

• Megan Renee Davidian – Megan graduated from Fayetteville High School East this year and is the daughter of Edit Waynette Davidian, who works in the Washington County Collector’s office. She will attend

Lacey Howard the University of Arkansas this fall to study engineering.

• Lacey Howard – Lacey is a 2016 graduate of Mena

Kasey Keith High School and is the daughter of Polk County Road Department Foreman Jeff Howard. Lacey will attend Rich Mountain Community College in Mena and plans on a career in nursing.

• Kasey Keith – Kasey is a sophomore at the University of Arkansas at Fort Smith.

Her father, Chris Keith, grandfather, Bill Grill, and grandmother, Glenda Grill,

Ashton Kimbrough all are employed by Crawford County. Kasey is planning to pursue a Bachelor of Science degree in nursing.

Thomas Worley • Ashton Kimbrough – Ashton is a 2016 graduate of Bryant High School and is the daughter of Saline County Justice of the Peace John Kimbrough. She will attend the University of Arkansas at Fayetteville as a pre-med student.

• Thomas Worley – The son of retired Bradley County Circuit Clerk Cathy Richardson, Thomas is a 2016 graduate of Harmony Grove High School in Camden. He will attend Ouachita Baptist University, where he plans to study business.

• Jared Dale Flemens – Jared graduated from Mena High School in 2016 and is the grandson of retired Polk County Deputy Gene Hendrix and his wife, Vicki, who is a deputy and jail administrator. Jared has plans to study psychology at the University of Central Arkansas.

• Kaitlyn Dahlke – Kaitlyn, the granddaughter of Hot Spring County Treasurer Mary Cansler, is a sophomore at Henderson State University.

She is studying nursing. This COUNTY LINES, SUMMER 2016

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sports involvement or by helping others.

Chandler Konecny

Shawna Marie Martin

pursue a bachelor’s degree in biology. She plans to attend medical school and specialize in pediatrics.

Chandler, who teaches dance, is this year’s recipient of the Matt Morris Scholarship.

The scholarship was established following the death in 1999 of Matt Morris. Matt was the son of Searcy Mayor

David Morris, who is a former AAC employee. Matt was an Arkansas Razorback baseball recruit. The scholarship is funded by donations made in Matt’s name and by the County Judges Association.

It is awarded each year to an applicant who reminds the scholarship committee of Matt, either through their

Kaitlyn Dahlke is the third year Kaitlyn has received an AAC scholarship.

• Chandler Konecny – Chandler is a 2016 graduate of Stuttgart High School and the granddaughter of Prairie County Justice of the Peace Buddy Sims. Chandler will attend the University of Arkansas at Fayetteville, where she will

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• Shawna Marie Martin – Shawna is a 2016 graduate of Cotter High School. She is the granddaughter of Laurel Don Reed, who works in the Baxter County Road and Bridge Department. Shawna plans to attend Arkansas State University in Jonesboro, where she will study journalism with an emphasis in photojournalism.

Shawna is the recipient of the Randy Kemp Memorial Scholarship. Randy served as AAC communications director from July 2008 until his death in August 2011. The scholarship is funded exclusively by the annual AAC golf tournament and awarded each year to an applicant who plans to study journalism or mass communications.

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story

Working in Tandem

Open line of communication defines professional relationship between state Rep. Michelle Gray and Izard County Judge David Sherrell.

Story and Photos by Christy L. Smith County Lines Editor

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riendly banter punctuates the conversations between Izard County Judge David Sherrell and state Rep. Michelle Gray. The two have known each other for more than 15 years — long enough that they can finish each other’s sentences if they want to.

And they often do.

“Since I’ve been elected, we’ve just had a lot of local issues we’ve had to work through. I’m on the EMS board for the county, and we’ve had a lot of …,” Gray began. “… difficulty,” Sherrell finished.

“Difficulty. Thank you,” Gray replied.

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The two came together this summer at the Izard County Courthouse for the sake of an Association of Arkansas Counties (AAC) job shadowing project that, in the past, has partnered county elected officials with their respective state senators and representatives in an effort to give the state official a better idea of the issues county officials tackle on a daily basis.

But Gray, who was born and raised in the county seat of Melbourne, already has a good grasp of what Sherrell’s job looks like.

In addition to EMS issues, they’ve stood side by side during a reorganization of area programs for senior citizens, they’ve gone to battle together over a stretch of highway they thought should be taken over by the state, and they’ve worked in tandem to attract economic development projects to the county.

Almost from the moment Gray was elected to represent DisCOUNTY LINES, SUMMER 2016

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Opposite page: State Rep. Michelle Gray and Izard County Judge David Sherrell stop in the old vault at the courthouse. This page, left: Izard County Assessor Tammy Sanders shows Gray and Sherrell records indicating the assessed property value in the county has grown from $65 million to $169 million in the last 22 years. Top: Gray and Sherrell stand outside the Izard County Courthouse in Melbourne. Bottom: Izard County Sheriff Tate Lawrence discusses the history of the jail with Sherrell and Gray.

trict 62 (Izard County and parts of Sharp, Stone and Independence counties) in the state House of Representatives, the two have shared an open dialogue. Theirs is a particularly open dialogue because Gray lives in Melbourne and can be at the Izard County Courthouse more readily.

“I wouldn’t know what all the county needs without talking to him,” Gray said. “There are times he’ll call and tell me about a problem that I had no idea about, and I can contact the right people at the state to facilitate change much quicker.”

Sherrell said he is grateful to have a good relationship with his legislator.

“If you didn’t have that, you’d be talking to a wall when you called down there to Little Rock,” he said. “She’s in touch with our problems here, and she tries to help on that end.”

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Izard County is a class 2 county with a population right at 13,700. The three largest towns are Melbourne, the county seat; Horseshoe Bend, a resort retirement community; and Calico Rock, which sits on the bluffs of the White River.

Sherrell, who also has lived in Melbourne his entire life, is serving his third term as county judge. Gray is running unopposed for her second term in the House. Sherrell’s wife works as a nurse practitioner at the medical clinic owned by Gray and her husband. And Gray’s three children like to go fish in Sherrell’s pond.

“We text and call each other all the time,” Gray said.

And Gray said all the state legislators are open to communications from county officials in their districts.

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“They all love texts and hearing from their constituents,” she the dozer. Now the truck driver brought the gravel to us, but he said. “Sometimes there are unintended consequences to things and I fixed the road. It helps that he and I both know how to do this when we are short handed.” we do. A lot of times they can see what we don’t see.”

The court is housed on the second floor of the Izard County “Or vice versa,” Sherrell added. “She’s called me about bills that affect counties and asked if I’ve read this bill. I go in and read it Courthouse annex, and court happened to be in session that day.

It led to a discussion of how well the Izard County Drug Court is and give her my opinion.”

During the job shadow interview, Sherrell led Gray on a tour of working. In fact, Assessor Tammy Sanders said she is mentoring a the Izard County Courthouse and annex, walking from one coun- young lady who is going through the program, trying to put her ty elected official’s office to the next. Each stop was like a reunion life back together. She had submitted job applications, was trying of old friends. After all, many of the county elected officials in Izard to get her own apartment and working toward regaining custody County have held these seats for numerous years — County/Cir- of her children. cuit Clerk Shelly Downing worked as deputy clerk for 18 years be“I’ve been watching her grow from way down here for the last fore being elected to the position that her sister, who now serves as couple of years,” Sanders said, motioning with her hands. mayor of Melbourne, vacated; Sheriff Tate Lawrence is in his 12th The drug court in Izard County also serves Fulton County, and year as sheriff; and Tammy Sanders has worked for the county for it’s a 5-year-old program.

28 years, the first six years Reporting, random drug in the collector’s office betesting and group sesfore being elected assessor. sions are on the menu uring the job shadow interview, SherWhile at the annex next for those who go through door to the courthouse, drug court. They also rell led Gray on a tour of the Izard a constituent walked in have to make attempts and began discussing a to gain employment, and County Courthouse and annex, walkroad issue with the judge.

Izard County itself has ing from one county elected official’s office to the Sherrell explained that hired four or five people roads and bridges are a from the program. next. Each stop was like a reunion of old friends. constant concern.

Gray said she has a “Our road department positive opinion about [budget] is just a million, the drug court program five hundred thousand,” with its goal of diverting he said. “It’s probably one of the lowest in the state. We just do nonviolent offenders from already overcrowded jails and prisons. the best we can with what we’ve got.”

“I try to be open minded. It wasn’t something I thought would Sherrell said Izard County has 1,200 miles of gravel roads and work, but once I saw it in action and someone took time to ex200 miles of paved roads. The $1.5 million he mentioned comes plain it to me, I saw how it actually was working,” she said. “You from the turnback received from the state and “the little bit of think about someone like her [the woman Sanders is mentoring] taxes we get off of the property tax.”

— say you put her in prison and she stays three, five years, then “There was a gentleman who came in the other day and was she gets out. She goes right back to it because she doesn’t know talking about how much he paid in taxes,” Sherrell said. “He paid $657 in taxes and $27.50 of that went to the road department. anything else. She can’t go out and get a job. She has no trade.

He lives a mile and a half down a dirt road, and he was a little It repeats the cycle. So this hopefully helps to break that cycle.”

A constituent also approached Gray during the time she and disgruntled that he didn’t have a better road [since he was] paying Sherrell spent at the annex that morning. And that’s where the $657. The schools get about 86 percent of it, and there’s nothing two officials’ jobs are most similar — they are always on the clock. we can do about that.”

“I used to be real shy,” Gray said.

Sherrell said a large chunk of his road department budget — “Do you believe that?” Sherrell asked of Sanders. about $700,000 — goes to labor. Fuel costs the county about “No, really,” Gray said. $250,000 a year and parts run about $100,000 a year.

However, both of them say they’ve gotten used to being ap“So you can see what we have left to actually do maintenance on the roads,” he said, noting that the $192,000 Izard County re- proached by constituents while in the grocery store or at a restaurant. ceives per year in state aid funding helps. Still, he said, he has 22 And they handle those situations in a very similar fashion: they hear full-time employees in the road department but needs about 35. out the constituent, and then logically hash out a solution.

“You have to remember that problem to them is huge,” Gray said.

“We just can’t afford it,” Sherrell said. “The road foreman gets “They don’t feel like they’re interrupting you,” Sherrell said. in there and helps them. Fortunately, I know how to run all the equipment, so I do the same thing. Last week, we redid a road — “They just feel like that’s part of your job, and …” “… it is,” Gray finished. the road foreman and I. He was on the excavator, and I was on

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The Association of Arkansas Counties Working for county officials toward the common goal of effective county government...

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id you know that counties are subdivisions of Arkansas state government?

As such, our county and district elected officials and staffs are like gears in a large and complex engine. AAC’s goal is to keep that engine welloiled and finely-tuned by providing a broad array of:

• Legislative Representation • Education and Training • General Assistance and Research • Publications & Public Information • Protection Options: AAC Risk Management & Worker’s Compensation Programs AAC serves as the official voice of county gov-

ernment at the state Capitol, and serves as the Our Mission The 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

www.arcounties.org

official spokesperson and liaison of Arkansas counties in dealing with state and federal agencies. The key to the stability and development of county government is in presenting a unified voice to other levels of government. There is much truth in the adage, “There is strength in unity.”

The Association of Arkansas Counties provides training and assistance in solving problems and in developing “best” practices. AAC produces numerous publications to help county officials with both simple and technical questions, so they can get needed answers without having to reinvent the wheel. This information is available through numerous training workshops, helpful brochures and directories, County Lines magazine, and online at the website: www.arcounties.org

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.

Chris Villines Executive Director

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Above: The Conway County Courthouse, built between 1929 and 1930 and designed by Frank W. Gibb of Little Rock, is architecturally significant because it shows the growing influence of the Art Deco aesthetic on the Classical Revival style that swept the nation in the early 20th century.

Making a Statement

Conway County courthouse touts both Classical and Art Deco elements.

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

ith its unique synthesis of Classical and Art Deco elements, the Conway County Courthouse at Moose and Church streets in Morrilton is one of the most architecturally significant seats of county government in Arkansas, which is appropriate for a county that has been home to politicians as diverse as Marlin Hawkins and Winthrop Rockefeller. Since 1989, the Arkansas Historic Preservation Program has worked with county leaders to preserve and restore the 1929-30 building through the County Courthouse Restoration Grant program, which uses funds from the Arkansas Natural and Cultural Resources Council.

Arkansas’ Territorial Legislature created Conway County from part of Pulaski County on Oct. 20, 1825, and named it for 36

territorial Congressman Henry Wharton Conway, a member of the “family” that controlled Arkansas politics — an omen, perhaps, for the county’s later colorful political history. Cadron was made the temporary county seat until a permanent seat could be established. In 1828, county government met in the home of Stephen Harris in Welborn Township, but it moved to Lewisburg (near the site of modern Morrilton) in 1831 and court was held in “a log building of small dimensions and rude construction.” After parts of Conway County were peeled off to form Pope and Perry counties, the seat of government was moved to Springfield. The original courthouse there was destroyed — along with most of the town — by an April 12, 1858, tornado, and a substantial two-story courthouse was built for around $10,000 the next year; this one survived for four years, only to COUNTY LINES, SUMMER 2016

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Top left: The Conway County Courthouse was built of brick, terra cotta and “Batesville marble” and features Doric columns that are attached but only half round. Bottom left: The courthouse interior includes artist Richard Sargent’s mural “Men at Rest,” which was created for the Morrilton Post Office through the U.S. Treasury Department’s Depression-era Section of Fine Arts. It was moved to the courthouse on Jan. 29, 2002. Right: The courthouse plan is rectangular in style, and the interior features marble staircases, steps and wainscoting. be burned during the Civil War. A new courthouse went up in Springfield in 1869 on the site of the previous building, and it served until the state General Assembly moved the county seat back to Lewisburg in 1873. It would finally move to Morrilton, a destination cemented when the Little Rock and Fort Smith Railroad (later the Missouri Pacific) laid its tracks through that town. A two-story brick courthouse was built there in 1883-84, and it housed county government until fire destroyed it on Jan. 2, 1927.

Attempts to let contracts for a new courthouse resulted in a political brouhaha that continued into 1928 when T.J. Moore, an opponent of those contracts, was elected county judge. An amendment to the Arkansas Constitution approved in the same election allowed counties to hold elections for special taxes to finance jail and courthouse construction, which led to the erection of the current Conway County Courthouse.

The prolific architect Frank W. Gibb of Little Rock, who designed 18 Arkansas county courthouses, was hired to design Conway County’s new seat, and contractor John P. Jones was hired as contractor from among nine bidders. The building COUNTY LINES, SUMMER 2016

would cost $97,000, which included the brick, terra cotta and “Batesville marble” used in construction. The construction supervisor for the project was Sam Davies, who a few years later would be instrumental in the Civilian Conservation Corps’ building of Petit Jean State Park. It was completed ahead of schedule and dedicated on March 30, 1930, a speech-heavy ceremony attended by some 5,000 visitors.

The new courthouse was a striking structure, with Classical half columns highlighting a rectangular plan and an interior featuring marble staircases, steps and wainscoting. Architectural historian Kenneth Story wrote of Gibbs’ design: “The Conway County Courthouse is the best and possibly the only local example of what can only be termed a transitional interpretation of the Classical Revival style which had swept the nation in the early 20th century. … The Doric columns are attached and thus only half-round, the pilaster capitals are simple and restrained, and none of the detail projects significantly to interrupt the See

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Courthouse flatness of the wall plane. This may be the only design by Gibb to show clearly the growing influence of the Art Deco aesthetic on the Classical vocabulary, which would later become so popular around Arkansas and the rest of the nation, and particularly in the design of public buildings.”

The Conway County Courthouse remains the seat of government today, and its grounds feature monuments to local men who served in World Wars I and II, the Korean War and the Vietnam War, as well as a 1979 time capsule. The interior includes artist Richard Sargent’s mural “Men at Rest,” which was created in 1938-9 for the Morrilton Post Office through the U.S. Treasury Department’s Depression-era Section of Fine Arts. It was moved to the courthouse on Jan. 29, 2002. The Conway County Courthouse was listed on the National Register of Historic Places on Nov. 13, 1989.

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Among the many programs and services of the Arkansas Historic Preservation Program is the County Courthouse Restoration Grant Program. Created in 1989, this grant program has helped to extend the lives of courthouses that hold vital links to community pride and local history. These grants are funded through the Real Estate Transfer Tax, administered by the Arkansas Natural and Cultural Resources Council. Since the beginning of the program, the AHPP has awarded more than $21.25 million to 70 historic courthouses and courthouse annexes around the state for use in rehabilitating, preserving and protecting these important historic resources. Since 1989, Conway County has received nine grants totaling $528,092 for the Conway County Courthouse.

Arkansas Historic Preservation Program County Courthouse Restoration Grants awarded to Conway County FY1989 Rehabilitation Master Plan $5,000 FY1990 Restore Entry Porch $18,500 FY1991 Restore Doors $10,000 FY1992 Clean and repoint Masonry $15,000 FY1993 Clean and Repoint Masonry, Replace

Windows, Restore Sidewalk $10,000 FY2002 Install Elevator $146,000 FY2008 Restore West Facade Windows $90,900 FY2011 Roof and Window Restoration $72,692 FY2014 Repoint Parapet/Terra Cotta, Window Restoration $160,000 TOTAL:

$528,092

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Counties receive courthouse restoration grants Story by Mark Christ Arkansas Historic Preservation Program

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n June, the Arkansas Historic Preservation Program, an agency of the Department of Arkansas Heritage, awarded $1,480,452 in County Courthouse Restoration Subgrants, which are financed through Real Estate Transfer Tax funds distributed by the Arkansas Natural and Cultural Resources Council for rehabilitation of historic county courthouses, to 20 Arkansas counties. Funding requests totaled $4,980,466.

Grant recipients were: • Arkansas County, $17,344 to restore stairs at the 1931 courthouse in DeWitt; • Baxter County, $50,715 for lintel and masonry restoration at the 194142 courthouse in Mountain Home; • Boone County, $14,938 to restore stairs at the 1909 courthouse in Harrison; • Calhoun County, $52,500 to re-

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route water drainage at the 1909 courthouse in Hampton; Carroll County, $19,000 for restoration work at the old 1880 courthouse in Berryville; Chicot County, $55,237 to restore limestone steps at the 1956 courthouse in Lake Village; Clark County, $140,289 for roof restoration at the 1889 courthouse in Arkadelphia; Cleburne County, $66,360 to make the circa 1915 Cleburne County Bank Building, which houses the County Judge’s Office, accessible to the handicapped; Franklin County, $100,000 for roof restoration at the courthouse in Ozark; Garland County, $106,500 to improve fire safety at the 1905 Courthouse in Hot Springs; Jackson County, $61,650 for masonry restoration at the 1892 courthouse in Newport; Johnson County, $71,570 for res-

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toration work at the 1938 courthouse in Clarksville; Lafayette County, $100,000 to install downspouts and upgrade electrical systems at the 1940-42 courthouse in Lewisville; Little River County, $71,356 to make the 1907 courthouse in Ashdown accessible to the handicapped Logan County, $40,000 for window restoration at the 1928-29 courthouse in Booneville; Mississippi County, $70,000 for roof drain restoration at the 1912 courthouse in Osceola; Polk County, $28,080 for masonry restoration at the 1939 courthouse in Mena; Union County, $122,850 for restoration work at the 1927-28 courthouse in El Dorado; Woodruff County, $182,063 for an elevator at the 1901 courthouse in Augusta; Yell County, $110,000 to restore the cupola and entry canopy at the 1914 courthouse in Dardanelle.

The 2016 Arkansas County Compliance Guide is hot off the press!

Cost is $65 each.

Please go to www.arcounties.org to place an online order.

Or contact Elizabeth Sullivan at esullivan@arcounties.org or (501) 372-7550.

Each edition will include an online login and password to access a searchable digital format of the guide for computer, tablet and/or smartphone.

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Top: AAC Executive Director Chris Villines and the board of directors present Brenda “Emmy” Emerson and Jeanne Hunt with a retirement gift.

Middle: Emerson and Hunt open another gift — Tiffany necklaces.

Bottom: Hunt opens a series of boxes leading to her final gift — a gift card for a cruise of her choosing.

Longtime AAC employees retire June 30 marked the last day of full-time employment at the Associaton of Arkansas Counties for Brenda “Emmy” Emerson and Jeanne Hunt. AAC staff and board members, along with county officials and friends were invited to attend a retirement party earlier in the month.

Both women had been longtime employees of AAC; Hunt had been employed for 34 years, while Emerson had been employed for 13 years. Coincidentally, both found their way to AAC through employment agencies.

Neither had ever worked in county government, but they said they left AAC with a deep appreciation for the work county officials do.

“They’re truly people that love their jobs because the majority of them don’t really get paid a whole lot, so they are really dedicated to their jobs and to their counties,” Emerson said.

Hunt and Emerson both expressed mixed feelings at the idea of retiring.

“It’s going to feel like a real cool vacation until that first check doesn’t come in mid-July, but, yeah, I’m excited,” Hunt said.

Emerson said she has a list of home and yard projects, while Hunt said she plans to help her husband with his business, go fishing and spend more time at the lake.

“Of course, I have nine grandkids so I’m sure they’re going to keep me busy,” Hunt said.

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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.

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Top Left: Alan Breshears, husband of Ashley County Treasurer Stacey Breshears, follows through on a swing.

Top Right: Boone County Sheriff Mike Moore practices on the putting green before meeting up with partner Mark Whitmore, AAC’s chief legal counsel.

Middle Left: AAC Communications Director and golf tournament organizer Scott Perkins, Craighead County Clerk Kade Holliday, State Land Commissioner John Thurston and Craighead County Justice of the Peace Josh Longmire stop to pose for a photograph.

Middle Right: State Rep. Laurie Rushing looks on as her mother, Lorna Nobles, lines up her putt.

Bottom Right: Woodruff County Judge Charles Dallas paired with Saline County Attorney Clay Ford during the tournament.

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Faulkner County Treasurer Scott Sanson watches his putt roll toward the hole.

18th annual golf tournament attracts 38 golfers

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Patrick Hardy and Jon Singleton hirty-eight golfers teed off at Ponce de Leon Golf Club in Hot Springs Village Aug. 23 to raise funds for the Randy Kemp Memorial ScholarJosh Longmire and Kade Holliday ship. Kemp was the Association of Arkansas Counties’ first communications director. He joined AAC in 2008 after a successful career in newspapers.

The top three players in each flight and He died in a motorcycle accident in August 2011. hole contest winners received gift cards.

The Randy Kemp Memorial Scholarship aims to raise funds for scholarships for descendants of county officials or employees who intend to pursue a college degree in communications.

The 2016 Randy Kemp Memorial Scholarship was awarded to Shawna MarGolf Tournament Sponsors tin, granddaughter of Laurel Reed with the Baxter County Road Department.

AAC appreciates all who support the fund, the golfers who participated and the sponsors who all make it possible.

Ergon Ashphalt & Emulsions – Platinum

Tournament Results First Flight Ben Starksky and Scott Moody Nathan Rutledge and Dan Lovelady Todd McGuire and Michelle Gray Second Flight Clay Knighton and Alan Jennings COUNTY LINES, SUMMER 2016

Crews & Associates – Gold Delta Mass Appraisal Services – Gold JCD Consulting – Gold National MedTest – Silver

Hole Sponsors

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48th Annual AAC Conference held in Hot Springs More than 600 county officials, employees, vendors and sponsors assembled at the Hot Springs Convention Center Aug. 24-26 for the 48th annual AAC Conference. “Arkansas Counties Explore the Possibilities” was the theme for this year’s event.

Top Left: NACo Immediate Past President Sallie Clark, along with Clark County Treasurer and AAC Board President Judy Beth Hutcherson and AAC Executive Director Chris Villines, lead conference-goers as they call the Hogs at the end of the opening general session.

Middle Left: Pictured are Polk County Judge Brandon Ellison and Sevier County Judge Greg Ray. Bottom Left: Nevada County Clerk Julie Stockton Oliver descends the staircase at the Hot Springs Convention Center on the first day of the conference.

Bottom Right: Columbia County was well represented at conference by Jenny Marie Fatherree, who is a team leader in the Miller County assessor’s office; Treasurer Selena Blair; state Rep. David Fielding; and Justice of the Peace Marji Blair.

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The Senate and House City, County and Local Affairs committees met jointly at the AAC conference, in part to hear more about the legislation AAC’s member associations plan to present during the 91st General Assembly. Sen. Stephanie Flowers (far left) listens intently as the meeting transpires. Sen. Linda Collins Smith and Independence County Judge Robert Griffin (right) have a discussion following the meeting.

A group of circuit clerks — Mary Ann Wilkinson (Lee County), Martha Jo Smith (Clark County) and Mayme Brown (Hot Spring County) relax before going to their association meeting.

Gov. Asa Hutchinson spoke during Thursday’s general session.

He kindly posed for a photograph with AAC Executive Director Chris Villines, NACo Immediate Past President Sallie Clark, Clark County Treasurer and AAC Board President Judy Beth Hutcherson, and Sebastian County Sheriff and AAC Board Member Bill Hollenbeck.

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Spouses of county officials enjoyed an outing to Garvan Woodland Gardens, where they toured Anthony Chapel and the grounds.

They also took a cruise on the Belle Riverboat.

Chicot County Assessor Joe Dan Yee greets the governor, who during his speech expressed support for crisis intervention and behavioral health treatment programs that would help ease prison and jail overcrowding — and he spoke in favor for four-year terms for county elected officials.

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Steve “Wild Man” Wilson (at left and above), formerly of the Arkansas Game and Fish Commission, spoke during the Thursday luncheon. He brought several different types of animal calls, and he had the audience in stitches with his andecdotes.

Among the presenters was Eric Smith, a retired U.S. Army colonel, who works for Ramsey Solutions. He focused on financial wellness for county employees.

AAC Governmental Relations Director Josh Curtis introduces Allison Woods, director of benefits administration at APERS. Woods led an interactive discussion about APERS retirement.

Several state senators and representatives, including Rep. Joe Jett (left) participated in a legislative chat focusing on “Issues Facing the 91st General Assembly.” Reps. Matthew Pitsch, Laurie Rushing and Scott Baltz (above) and Sens. Missy Irvin and Bobby Pierce also participated on the panel.

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The Quorum Court Executive Board meets each year during the AAC conference. A dedicated group participates in the AAC wellness walk.

Most member associations had T-shirts made for the dinner and dance. Pictured are Crittenden County Collector Ellen Foote, Desha County Collector Vaughta Glover and Crittenden County Deputy collectors Tawanna Brown and Betty Palmer.

Retired AAC employees Brenda “Emmy” Emerson and Jeanne Hunt (middle left and right) were special guests honored during the dinner and dance. Pictured with them are former AAC Executive Assistant Whitney Barket (left) and current AAC Executive Assistant Elizabeth Sullivan (right).

On the last morning of conference each year, AAC hosts a buffet breakfast followed by reports from the AAC legislative committee chairman, the counties’ representative to the APERS board and the association’s executive director. This year’s closing session also included a point-counterpoint discussion of national and state politics moderated by Talk Business & Politics Editor-in-Chief Roby Brock (middle). Guest panelists were Ron Oliver (left), former chairman of the Democratic Party of Arkansas, and Bill Vickery (right), founding and managing partner of Capitol Advisors Group. Topics ranged from the presidential nominees and the upcoming presidential debates, as well as statewide ballot initiatives and the 2017 legislative session.

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Left: Hempstead County Chief Deputy Clerk Eva Morehead “digs” for diamonds at the AAC Risk Management exhibit booth while Marion County Treasurer Ron McPherson watches. Right: Jefferson County Assessor Yvonne Humphrey visits the EFS Geotechnologies booth to get her map stamped.

Thank you to our 2016 Exhibitors and Sponsors!

AAC Risk Management Services 1415 West Third Street Little Rock, AR 72201 (501) 375-8805 www.arcounties.org ADEM/Federal Surplus Property 8700 Remount Road N. Little Rock, AR 72118 (501) 683-6700 www.adem.arkansas.gov AEP-SWEPCO 400 W. Capitol, Ste. 1610 Little Rock, AR 72201 (501) 379-1127 www.aep.com www.swepco.com American Stamp & Marking Products, Inc. 500 Fee Fee Road Maryland Heights, MO 63043 (800) 872-7840 www.americanstamp.com APAC-Central 755 E. Millsap Road P.O. Box 9208 Fayetteville, AR 72703 (479) 587-3300 www.apaccentralinc.com Apprentice Information Systems, Inc. 900 N. Dixieland, Ste. 102 Rogers, AR 72756 (479) 631-8054 www.apprenticeis.com

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Arkansas 529 Gift College Investing Plan

(501) 683-3031 www.cosl.org

1401 W. Capitol Ave., Ste. 275

Little Rock, AR 72201 (501) 682-3817 www.arkansas529.org

Arkansas Agricultural Agents Association 2301 S. University Little Rock, AR 72204 (501) 671-2000 www.agagents.uaex.edu Arkansas Attorney General 323 Center St., Suite 200 Little Rock, AR 72201 (501) 682-6072 www.arkansasAG.gov

Arkansas Auditor of State 230 State Capitol Building Little Rock, AR 72201 (501) 682-6030 www.auditor.ar.gov Arkansas Broadcasters Association 2024 Arkansas Valley Drive, Suite 403 Little Rock, AR 72212 (501) 227-7564 www.arkbroadcasters.org Arkansas CAMA Technology, Inc. 2900 Percy Machin, Ste. 1 N. Little Rock, AR 72114 (501) 771-2985 www.arcamatech.com Arkansas Commissioner of State Lands 500 Woodlane, Suite 109 Little Rock, AR 72201

Arkansas Copier Center 9621 I-30 Little Rock, AR 72209 (501) 562-8297 www.arkansascopier.com Arkansas Democratic Party 1300 W. Capitol Little Rock, AR 72201 (501) 374-3387 www.arkdems.org

Arkansas Department of Information Systems 1 Capitol Mall Suite 3b201 Little Rock, AR 72201 (501) 682-4911 www.dis.arkansas.gov Arkansas Economic Development 900 W. Capitol Ave., Ste. 400

Little Rock, AR 72201 (501)682-6011 www.arkansasedc.com Arkansas Electric Cooperatives, Inc. P.O. Box 194208 Little Rock, AR 72219 (501) 570-2200 www.aecc.com

Arkansas Farm Bureau Federation P.O. Box 31 Little Rock, AR 72203 (501) 224-4400 www.arfb.com

Arkansas GIS Office 1 Capitol Mall, Suite 6D Little Rock, AR 72201 (501) 682-2767 www.gis.state.ar.us Arkansas Secretary of State 256 State Capitol Little Rock, AR 72201 (501) 682-1010 www.sos.arkansas.gov

Arkansas Treasurer of State 500 Woodlane, Ste. 220 Little Rock, AR 72201 (501) 682-5888 www.artreasury.gov AT&T 1111 W. Capitol, Rm 1096 Little Rock, AR 72201 (501) 373-8084 www.att.com AY Magazine & Arkansas Mental Health Guide 910 W. 2nd Street Little Rock, AR 72201 (501)244-9700 www.aymag.com

Cartridge World 4325 MacArthur Drive North Little Rock, AR 72118 (501) 257-7630 www.cartridgeworldusa. com/store874 Coalition for Arkansas Election Reform 301 Roya Lane, Suite 2A Bryant, AR 72022 (501)823-3623 Coastal Energy Corp.

P.O. Box 218 Willow Springs, MO 65793 (870)321-3127 www.coastal-fmc.com Community Health Centers of Arkansas, Inc. 119 Izard St. Little Rock, AR 72201 (501)374-8225 www.chc-ar.org

BIS Digital, Inc. 1350 NE 56th St., Ste. 300 Fort Lauderdale, FL 33334 (800) 834-7674 www.bisdigital.com

Crews & Associates 521 President Clinton Ave., Suite 800 Little Rock, AR 72201 (501) 978-7953 www.crewsfs.com

Brown Hiller Clark & Associates P.O. Box 3529 Fort Smith, AR 72913 (479) 452-4000 www.bhca.com

DataPath Administrative Services 1601 Westpark Drive, Ste. 9 Little Rock, AR 72212 (501)355-0202 www.datapathadmin.com

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DataScout, LLC 1953 N. Green Acres Road Fayetteville, AR 72703 (479) 521-5607 www.datascoutpro.com

Friday, Eldredge & Clark 400 West Capitol Little Rock, AR 72201 (501) 370-1517 www.fridayfirm.com

Delta Mass Appraisal Services, Inc. P.O. Box 504 England, AR 72046 (501) 803-0500

GeoConex Corporation 6923 Maynardville Pk., PMB#109 Knoxville, TN 37918 (865) 686-0411 www.geoconex.com

Diversified Companies 3721 Powers Court Chattanooga, TN 37416 (423)394-8073 www.DivCoData.com Downums Waste, A Waste Pro Company P.O. Box 9364 Jonesboro, AR 72403 (870)932-5155 www.wasteprousa.com East Texas Truck Systems 2283 Montgomery Gardens Tyler, TX 75708 (903)531-9700 www.easttexastrucksystems.com

EFSGeoTechnologies 360 Airport Road Monticello, AR 71657 (870) 460-9994 www.efsgeotech.com Employer Support of the Guard & Reserves Camp Robinson, Box 27 N. Little Rock, AR 72199 (501) 212-4018 www.esgr.org Fidlar Technologies 350 Research Parkway Davenport, IA 52806 (563) 345-1200 www.fidlar.com Financial Intelligence 124 W. Capitol Ave., Ste. 876 Little Rock, AR 72201 (501) 276-4213 www.financial-intel.com First National Bankers Bank 325 W. Capitol, Ste. 300 Little Rock, AR 72201 (501) 371-0535 www.bankers-bank.com

GovDeals 100 Capitol Commerce Blvd., Ste.110 Montgomery, AL 36117 (800)613-0156 www.govdeals.com Guard4Life GPS Tracking 106 Ridgeway, Suite F Hot Springs, AR (501)762-6745 www.guard4life.com Guardian RFID 12805 Highway 55, Suite 202 Plymouth, MN 55441 (855) 777-7343 www.guardianrfid.com ImageSoft 25900 W. 11 Mile Road, Suite 100 Southfield, MI 48034 (248)948-8100 www.imagesoftinc.com Information Network of Arkansas 425 W. Capitol, Suite 1620 Little Rock, AR 72201 (501) 324-8908 www.ark.org JTS Financial 415 N. McKinley, Ste. 305 Little Rock, AR 72205 (501)227-0194 www.jtsfs.com Justice Solutions 316 Lamar Austin, TX 78703 (615) 519-6321 www.justicesolutions.com Keep Arkansas Beautiful Commission 1 Capitol Mall,

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Suite 4A-007 Little Rock, AR 72201 (501) 682-3507 www.keeparkansasbeautiful.com

Liberty National Life Insurance Company 15 Shackleford Drive, Ste. G

Little Rock, AR 72211 (501) 225-5556 www.libertynational.com

Mid-Continental Restoration Company, Inc. 401 E. Hudson Street Fort Scott, KS 66701 (620) 223-3700 www.midcontinental.com Moore Equipment Co. 447 Locust Street Chillicothe, MO 64601 (800) 467-3370 www.mooreequipment.com Nabholz Construction 612 Garland Street Conway, AR 72032 (501) 339-3649 www.nabholz.com National Association of Counties 25 Massachusetts Ave., NW Washington, DC 20001 (202) 393-6226 www.naco.org National Medtest, Inc. 601 Southwest Drive Jonesboro, AR 72401 (870) 931-1993 www.nationalmedtest.com

Rainwater, Holt & Sexton, PA 6315 Ranch Drive Little Rock, AR 72223 (501) 868-2500 www.callrainwater.com Republican Party of Arkansas

1201 W. 6th Street Little Rock, AR 72201 (501) 372-7301 www.arkansasgop.org Ryburn Law Firm 10825 Financial Centre Pkwy, Suite 136 Little Rock, AR 72211 (501) 228-8100 SouthBuild, LLC 134 W. South Street Collierville, TN 38017 (901)457-7689 www.southbuild.com Southern Health Partners 2030 Hamilton Place, 140 Chattanooga, TN 37421 (888) 231-2890 www.southernhealthpartners.com

Southern Paramedic Service P.O. Box 88 Brinkley, AR 72021 (870) 589-2206 www.southernparamedic.com

Southern Tire Mart 529 Industrial Park Road Columbia, MS 39429 (877) 786-4681 www.stmtires.com

Nationwide Retirement Solutions 8671 Hawkeye Pass Edmond, OK 73034 (405) 282-3577 www.nrsforu.com

Southwest EAP 415 N. McKinley, Suite 520 Little Rock, AR 72205 (501)663-1797 www.southwesteap.com

NFORM Architecture 312 W. Commercial St. Springfield, MO 65803 (417) 894-4428 www.nformarc.com

Stephens, Inc. 111 Center Street Little Rock, AR 72201 (800) 643-9691 www.stephens.com

Potlatch Corporation P.O. Box 390 Warren, AR 71671 (870) 226-1177 www.potlatchcorp.com

Sutterfield Technologies, LLC

1206 N. Hwy. 81, Suite 26B Duncan, OK 73533 (580) 786-4390 www.sutterfieldtechnologies.com

Systemedic Corporation 10809 Executive Ctr, Ste. 105 Little Rock, AR 72211 (501) 227-5553 www.systemedic.com TaxPro 124 West Capitol, Suite 876 Little Rock, AR 72201 (501) 246-8060 www.gowithtaxpro.com Tiger Correctional Service 515 W. Washington Ave. Jonesboro, AR 72401 (877) 844-3726 www.tigercommissary.com TIPS 4845 US Hwy. 271 N. Pittsburg, TX 75686 (866) 839-8477 www.reg8.net Total Assessment Solutions Corporation (TASC) P.O. Box 499 Glenwood, AR 71943 (870) 356-4511 www.totalassessments.com Turn Key Health Clinics 19 NE 50th Street Oklahoma City, OK 73105 (405) 537-7954

www.turnkeyhealthclinics.com

U of A Division of Agriculture Research and Extension 2301 South University Ave. Little Rock, AR 72201 (501) 671-2299 www.uaex.edu US Imaging Inc 400 S. Franklin Street Saginaw, MI 48607 (989) 753-7933 www.us-imaging.com USDA Rural Development 700 West Capitol Ave. Room 3416 Little Rock, AR 72201 (501) 301-3267 www.rd.usda.gov Vital Records Control of Arkansas 1401 Murphy Drive Maumelle, AR 72113 (501) 374-7775

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ACD equalization board meeting held in Little Rock Top Right: Chicot County Assessor Joe Dan Yee and Jefferson County Assessor Yvonne Humphrey stop to pose for a photograph during the lunch break.

Bottom Left: ACD Director Bear Chaney delivers the welcome and overview of the meeting, which drew county assessors, county judges, equalization board members and others to the Marriott Hotel in downtown Little Rock.

Bottom Right: Baxter County Assessor Jayme Nicholson and Mississippi County Assessor Harley Bradley visit during a break between the morning and afternoon sessions.

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Voting machines, communication among topics for county clerks Top Right: County clerks broke into four groups based on their communication style at the start of an exercise entitled “Communicating, Collaborating and the Courthouse.”

Middle Left: Poinsett County Clerk Teresa Rouse giggles during the communications activity, which had most in the room laughing.

Middle Right: Sebastian County Clerk Sharon Brooks answers questions from colleagues about her county’s new voting machine pilot program.

Bottom Left: Saline County Clerk Doug Curtis reads a caucus report on the final day of the meeting. The clerks broke into groups based on county size and discussed and brainstormed solutions to shared issues.

Bottom Right: Mike Harbour of Harbour Resources leads the “Communicating, Collaborating and the Courthouse” exercise. He began by having the clerks break into groups based on their communication style. Here, he points out the groups’ distinct differences.

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Sheriffs install new officers, honor association director at summer meeting in North Little Rock

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he Arkansas Sheriffs Association held its 2016 summer convention July 5-8 at the Wyndham Hotel in North Little Rock. The gathering was well-attended by sheriffs, jail administrators, other jail staff, exhibitors and others.

The group kicked off their convention with an outing to an Arkansas Travelers baseball game, where Washington County Sheriff Tim Helder, Van Buren County Sheriff Scott Bradley and Pope County Sheriff Shane Jones sang the National Anthem. The next two days were filled with meetings.

During the Thursday morning prayer breakfast, the association installed its new officers and honored Association Executive Director Ronnie Baldwin, who had been battling cancer. Baldwin lost that battle on August 28. Funeral services were held September 2 in Wynne, where Baldwin and his wife, Martha, reside.

Top: Former Arkansas Sheriffs Association Executive Director Ronnie Baldwin and his wife, Martha, accept a large wall hanging of the state of Arkansas with the sheriffs’ badges from each county represented. The wooden frame and association seal were custom made.

Bottom Right: Newton County Sheriff Keith Slape, the newly inducted president of the Sheriffs’ Association, speaks following the swearing in.

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Treasurers focus on leadership, ballot iniatives, and more while in Miller County Top Left: The treasurers broke into groups following a leadership presentation from Felicia Horn, magnet campus coordinator at the North Heights Junior High School in Texarkana.

Middle Left: Craighead County Treasurer Terry McNatt shares the items and issues he and his breakout group discussed during a leadership exercise aimed at discovering ways county officials and school districts can work better together.

Middle Right: Beth Anne Rankin, executive director in the state Treasurer’s Office, participates in the meeting.

Bottom Left: Hempstead County Chief Deputy Treasurer Karen Smith and Hempstead County Treasurer laugh at remarks being made during the meeting.

Bottom Right: AAC Executive Director Chris Villines helps Clark County Treasurer and AAC Board of Directors President Judy Beth Hutcherson open her door prize.

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Circuit Clerks hear about jail mail, safety and more in Jonesboro Top Right: Bo Suiter of Suiter and Associates, LLC delivered a presentation on the prevalence and effects of human trafficking, and he worked with several circuit clerks on tactics to fend off a potential attacker. In this photo, Suiter jokes with Jackson County Circuit Clerk Stacie Sullivan.

Middle Right: Pike County Circuit Clerk Sabrina Williams, Howard County Circuit Clerk Angie Lewis, Little River County Circuit Clerk Angela Billingsley and Sevier County Circuit Clerk Kathy Smith stop to chat in between continuing education sessions.

Bottom Left: Cleveland County Circuit Clerk Jimmy Cummings has a discussion with AAC Consultant Eddie Jones.

Bottom Right: In her presentation, Sue Newbury, criminal justice coordinator for the Arkansas Judiciary, discussed issues surrounding mail for jail inmates. She and St. Francis County Circuit Clerk Bette Green have a conversation following the session.

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West Memphis site of meeting for collectors Top Left: White County Collector Sue Liles signs in at the registration desk.

Top Right: Columbia County Clerk Cindy Walker, president of the Arkansas Tax Collectors Association, presents a planter to Brenda “Emmy” Emerson, former ACE program coordinator for AAC. The planter was a retirement gift from the association.

Middle Left: Carroll County Collector Kay Phillips-Brown and AAC ACE Program Coordinator Karan Skarda enjoy a laugh before the meeting begins.

Middle Right: Jefferson County Collector Stephanie Stanton spoke to the group about properly using the association list serv.

Bottom: Baxter County Collector Teresa Smith signs for her ballot. During the gathering, collectors elected new officers. They will assume those offices in January 2017.

www.arcounties.org COUNTY LINES, SUMMER 2016

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Judges convene in Hot Springs for summer meeting Top Left: Gov. Asa Hutchinson addressed the County Judges Association of Arkansas, addressing issues such as jail overcrowding and economic development. He thanked the association for being a “good partner” with the governor’s office.

Top Right: Arkansas County Judge Thomas “Eddie” Best and Johnson County Judge Herman Houston have a discussion between sessions.

Bottom Left: Charlotte Strickland, professional development and training coordinator at the University of Central Arkansas presents a program on conflict resolution.

Bottom Right: Hempstead County Judge Haskell Morse, Lafayette County Judge Mike Rowe and Saline County Judge Jeff Arey work through a task assigned to the group by speaker Charlotte Strickland.

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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.

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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

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AAC

F amily & F riends

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Workers Comp Claims Analayst — Greg Hunt Family information: I’ve been married to Meghan for 7 years. We have two children, Aubrey, 5, and Sam, 1.

a Red Sox vs. Yankees game at Fenway Stadium.

You might be surprised to learn that: I’m a certified baseball umpire.

My favorite meal: Crab legs.

My pet peeve is: Someone smacking food.

When I’m not working I’m: Outdoors.

Motto or favorite quote: Give respect, get respect.

The accomplishment of which I am most proud: My kids.

The hardest thing I have ever done: Raising children.

At the top of my bucket list is to: Attend

How long have you been at AAC? Since May. Greg H unt

What do you like most about your position at AAC? Each day is different.

Law Clerk — Camille Neeman Family information: My parents are Laurie and Troy.

My favorite meal: Sushi.

My pet peeve is: People who cut the line at stores.

When I’m not working I’m: Enjoying my time outside on a walk or bike ride.

Motto or favorite quote: “The best way to predict your future is to create it.” (Abraham Lincoln).

The accomplishment of which I am most proud: Completing my first year of law school.

How long have you been at AAC? I have been at AAC since June.

The hardest thing I have ever done: Moving out of state and away from family for college.

At the top of my bucket list is to: Travel to Greece.

You might be surprised to learn that: I have practiced martial arts since I was 5 years old.

Camille Neema n

What do you like most about your position at AAC? I love being able to apply the law I’ve learned at school in a real-world environment.

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AAC

Conference

Association of Arkansas Counties Workers’ Compensation Trust

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W

hen you participate in the A A C Wo r k e r s ’ C o m p e n s a tio n Tru s t, you can relax in the hands of professional staff members who are going to take care of your needs. The AAC team has decades of experience in handling county government claims – t h e y ’ r e s i m p l y t h e b e s t a t w h a t t h e y d o !

Did we mention that participants in our plan are accustomed to getting money back? Since we started paying dividends in 1997, the AAC Workers’ Compensation Trust has declared almost $ 2 6 MI L L I O N dollars in dividends, payable to members of the fund. In fact, we mailed $1,000,000 in savings back to member counties in August 2014.

The service is available for any size county government and other county government-related entities.

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Worker’s Compensation Fund pays $1 million in dividends to its member counties in 2016

T

he Association of Arkansas Counties Workers’ Compensation Trust is proud to announce that for the 20th straight year dividends will be returned to all participating counties. The 2016 dividend is declared based on 2012 premiums paid and losses incurred. This brings the total dividends paid over the last 20 years to $26,698,953.

AAC Workers’ Compensation Trust Group Manager Chris Villines recommended the $1,000,000 dividend to the board of trustees at its June meeting. Checks were issued in July.

“There are several reasons that we are able to continue returning such large sums to the counties,” Villines said. “Our staff is excellent and efficient and the counties of Arkansas work hard to minimize risks at home. I cannot compliment our Risk Management and Insurance Director Debbie Norman enough. She has an incredible responsibility and handles it wonderfully. The Workers’ Comp staff is equally adept.

Debbie Lakey, Kim Nash, Barry Burkett, Renee Turner and Kim Mitchell do an excellent job.”

AAC Risk Management and Insurance Director Debbie Norman said, “From inception to today, this program has performed beyond expectations. It has always been our goal to reward counties with dividends, and this is the 19th straight year that successful management of the program and the commitment to safety in our counties has allowed it to occur.”

AAC, along with county officials from around the state, created the AAC Workers’ Compensation Trust in 1985 — a plan to pool resources and form a self-funded, county-owned trust to provide premium Workers’ Compensation coverage at a savings to members. The AAC Workers’ Compensation Trust is fully regulated by the State of Arkansas Workers’ Compensation Commission. Current trustees are Judy Beth Hutcherson, Clark County Treasurer; Debbie

Wise, Randolph County Circuit Clerk; Debra Buckner, Pulaski County Treasurer; Jim Keasler, Lee County Judge; and Joe Gillenwater, Miller County Justice of the Peace.

Here are the formulaic dividend amounts per county as approved by the AAC/WCT board: Arkansas County..................................$4,722 Ashley County....................................$13,822 Baxter County....................................$16,020 Benton County...................................$23,103 Boone County....................................$12,602 Bradley County.....................................$8,528 Calhoun County...................................$7,561 Carroll County...................................$12,988 Chicot County......................................$6,779 Clark County......................................$10,459 Clay County.........................................$7,726 Cleburne County..................................$8,776 Cleveland County.................................$6,989 Columbia County..............................$13,214 Conway County.................................$14,608 Craighead County..............................$31,947 Crawford County...............................$17,547 Crittenden County.............................$17,590 Cross County........................................$9,654 Dallas County.......................................$8,576 Desha County.......................................$5,336 Drew County........................................$8,873 Faulkner County.................................$30,122 Franklin County...................................$3,929 Fulton County......................................$6,597 Garland County.................................$34,663 Grant County.......................................$8,766 Greene County...................................$11,369 Hempstead County............................$13,031 Hot Spring County............................$12,354 Howard County....................................$8,613 Independence County........................$25,025 Izard County.........................................$8,397 Jackson County....................................$7,028

Jefferson County.................................$27,909 Johnson County....................................$8,954 Lafayette County..................................$8,607 Lawrence County.................................$7,436 Lee County...........................................$5,668 Lincoln County....................................$5,673 Little River County...............................$4,186 Logan County.....................................$11,379 Lonoke County..................................$12,065 Madison County................................$15,449 Marion County...................................$11,551 Miller County.....................................$15,349 Mississippi County.............................$19,731 Monroe County....................................$5,779 Montgomery County.........................$11,177 Nevada County.....................................$7,236 Newton County...................................$3,447 Perry County........................................$6,670 Phillips County...................................$10,048 Pike County..........................................$8,343 Poinsett County....................................$7,471 Polk County........................................$11,115 Pope County.......................................$19,136 Prairie County......................................$5,806 Pulaski County...................................$80,291 Randolph County...............................$10,733 Saline County.....................................$32,861 Scott County........................................$6,558 Searcy County.....................................$10,238 Sebastian County................................$25,277 Sevier County.......................................$6,608 Sharp County..........................................$500 St. Francis County................................$4,078 Stone County........................................$8,525 Union County....................................$19,604 Van Buren County.............................$20,251 Washington County...........................$58,284 White County......................................$6,629 Woodruff County.................................$5,904 Yell County.........................................$16,160

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AAC

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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.

www.naco.org

CLI comes at just right time for Arkansas county assessor

By Charlie Ban For Kasey Summerville, the County Leadership Institute was a dream, but that’s all it seemed to be.

Though it caught her interest when she got the email advertising the three and a half day intensive program in Washington, D.C., the cost just seemed too high for Clark County, Ark., the 20,000-person community where Summerville serves as assessor.

So she applied for Next Generation NACo’s first-ever fellowship to pay costs of the program, but didn’t expect to get it, so her reaction was unbridled when she got the good news.

“I was jumping up and down,” she said about getting the news. “I was excited because I had this opportunity I otherwise wouldn’t have had.”

As a member of the NACo’s Finance and Pension Steering Committee, she has attended several conferences, but all primarily in service to the organization or her county directly. Now, she had a chance to focus on her skills as a leader to do her job better.

And she got that.

“It was like dying and being reborn,” she said. “It changed my life. What we did in those three-and-a-half days was more than anything I was expecting, but I came out of it a new leader.”

She hasn’t made it nearly 14 years without strong leadership.

While working in the Clerk of Courts’ office, she saw the assessor’s office and had plans for it. She wanted to take its operations into the 21st century, and even waiting another two years after an unsuccessful campaign for the position, didn’t dampen her enthusiasm.

“The office was still doing most things by hand,” she said. “I wanted to digitize everything, get all of our records online so people could access them whenever they wanted.”

Though it has been a long process, she’s two years from finishing the job, which she sees as getting her part of the county government to an ideal point. And that means more than just saving money on postage because they can email assessments.

“It will be complete transparency,” she said. “Not only will you be able to see your own records, you’ll be able to see any property in the county, so you can see we treat everyone fairly and equitably. That transparency is important to me as a leader.”

But those goals and that process were in place long before County Leadership Institute met in June. How did it change her?

“I called my staff in when I got back and said, ‘You may see me handle some things different based on the training I’ve gone through,’” she said. “I didn’t want them to be alarmed, or ask if something was wrong, but I just felt like everything I did was goCOUNTY LINES, SUMMER 2016

ing to be a little different after that.”

First off, she almost immediately addressed a personnel issue that had been festering for a while.

“We need to have courageous conversations,” she said.

“We took a look at our weaknesses as leaders and I knew mine was procrastination, especially if I had to deal with an uncomfortable Clark County Assessor Kasey Summersituation. I am also ville received NACo’s first-ever fellowship to too nice, when I pay costs for her to attend County Leadership need to be more Institute in June in Washinton, D.C. professional.”

The attendees, 22 in all, did role playing exercises to work on dealing with those tendencies, and for Summerville, it worked.

“I needed CLI at that very moment,” she said. “It was at just the right time. I’ve always had a pretty stable staff, but we lost two of our five, and we were going through a little transition.

This was the best time to take a step back and look at what I’m doing as a leader.”

It felt like every second, though, she was running forward.

From the webinar to prepare for CLI, to the homework assignments before and overnight during her stay in D.C., it felt like there wasn’t a second wasted.

“My husband wanted to come along, but I told him this wasn’t going to be that kind of trip,” she said. “He was going to have to be doing sightseeing on his own.”

For Summerville, the overall CLI theme of “seeing from balcony” was as prescient as the approach suggests. Too often, she said, leaders can get too bogged down to remember the big picture, look at all perspectives and angles before they make their final See

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NACo news briefs decisions, something she admits she can be guilty of.

“Right now, everybody in the office is using their downtime to scan 75,000 property records,” she said. “There’s always something we have to do, but the question will be what comes next.

“When we finish these records in two years, we’ll have the entire assessor’s office digitized. Then what?”

As the only assessor in attendance (and the second overall since CLI began in 2004) and the only attendee from the middle South, Summerville relished the diversity that she values in her office, but got to see it in a different way “I got to work with so many different individuals from so many parts of the United States,” she said. “To have that opportunity in a time where we are all focusing on being better leaders was important.”

She left D.C. knowing the boot camp was well worth it.

“There are a lot of leadership programs out there, but one that was focused the way this one was made it valuable,” she said. “It’s important for county governments to keep up, and it felt we all found ways we could improve and be better leaders and empower the people we work with.”

NACo urges Senate passage of Mental Health Reform Act

By Brian Bowden, Austin Igleheart On Thursday, Sept. 1, 2016, NACo sent a letter to Senate Majority Leader Mitch McConnell (R-Ky.) and Minority Leader Harry Reid (D-Nev.), urging them to bring up the Mental Health Reform Act of 2016 (S. 2680) for consideration in the Senate and to support its final passage. The Senate Health, Education, Labor and Pensions Committee voted unanimously to advance S. 2680 in April of 2016.

Notably for counties, the bill maintains funding for the Sub-

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stance Abuse and Mental Health Services Administration (SAMHSA) Community and Mental Health Services (CMHS) and Substance Abuse Prevention and Treatment (SAPT) block grants, which make it possible for county behavioral health authorities and community providers to provide for those in most need. This measure would also strengthen SAMHSA’s ability to coordinate policy across HHS and other executive branch agencies that impact county programs.

S. 2680 also authorizes a number of critically important initiatives including Grants for Jail Diversion, Grants for Treatment and Recovery for Homeless Individuals, Primary Care Behavioral Health Integration (PBCHI) Grants, and the HRSA-SAMHSA Mental and Behavioral Health Training Program. The legislation would also clarify the Health Insurance Portability and Accountability Act (HIPAA) for providers, patients and their families, and the Mental Health Parity and Addiction Equity Act to help increase access to mental health care.

Nationally, counties invest $83 billion annually in community health systems, including behavioral health services. Through 750 health authorities and community providers, county governments plan and operate community-based services for persons with mental illness and substance use conditions. Counties also are the entry point to the criminal justice system, where it is estimated that 64 percent of those housed in local jails display a pattern of symptoms indicative of a mental health condition.

NACo will continue to advocate for federal policies that will assist counties in ensuring the public health and safety of their communities, and will continue to urge our leaders in the Senate and House of Representatives to pass strong, bipartisan legislation to address our nation’s behavioral health crisis.

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