Summer 2017 County Lines

The Official Publication of the Association of Arkansas Counties

County Lines Summer 2017

Captured Moments:

Recap of 49th Annual AAC Conference Page 42

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In This Issue SUMMER 2017

Features He’s No Cowboy.................................................................................30 Surviving the Times..........................................................................36

Coroners train for SUID investigations..........................................58 Circuit clerks hold June program in Garland County.....................59 Roundtable talks on agenda for treasurers.................................60

AAC holds 49th Annual Conference...............................................42

Departments

Inside Look

From the Director’s Desk...................................................................7

Counties receive restoration grants..............................................39

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

60 plus golfers hit the green for annual tournament................40 AAC holds medical marijuana seminar........................................50 Conference focuses on rural development in Arkansas..............51

President’s Perspective.....................................................................9 Attorney General Opinions.............................................................. 12 Research Corner: Levees.................................................................14 Research Corner: Emergency Management...............................18

Sheriffs gather in Rogers for 2017 summer meeting................52

Governmental Affairs.......................................................................22

ACD hosts its summer EQ board meeting....................................53

Legal Corner.......................................................................................24

Clerks make history by hosting legislative committee...............54

Seems to Me.....................................................................................26

Judges discuss roads, leadership at June meeting....................55

Savings Times 2................................................................................28

CollectorsmeetinFaulknerCounty..................................................56

Legal Update......................................................................................29

Assessors meet in Baxter County..................................................57

NACo News Update...........................................................................66

Cover Notes: Crisis Stabilization Units become reality for four counties

(Photos by Holland Doran)

O

ur cover photo shows AAC Executive Director Chris Villines, Sebastian County Judge David Hudson and Polk County Judge Brandon Ellison greeting Gov. Asa Hutchinson as he arrives at the Little Rock Marriott to speak at the 49th annual AAC Conference. The Governor announced that each of the four counties that applied to open Crisis Stabilization Units (CSU) will receive funds to operate. The four counties — Craighead, Pulaski, Sebastian and Washington — will recieve up to $1.6 million from the state to operate a 16-bed CSU facility. On Aug. 23, officials from the four counties, attended a technical assistance workshop at the state Capitol to receive insight on how to move forward. The Governor and Sen. Jeremy Hutchinson, who ushered a criminal justice reform bill through the legislature last year, attended.

Act 423, which established the CSU pilot program, was a major part of the Governor’s 2017 legislative agenda and received strong bipartisan support in both houses of the legislature. Gov. Hutchinson signed the bill into law on March 8, 2017.

COUNTY LINES, SUMMER 2017

Top left: Sebastian County Judge David Hudson asks a question. Top right: AAC Chief Legal Counsel Mark Whitmore, Craighead County Judge Ed Hill and Craighead County Sheriff Marty Boyd attended the meeting. Bottom right: Washington County Judge Joseph Wood participates in the meeting.

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Calendar

Events

of

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2017 Sept. 20-22 County Judges DoubleTree, Fort Smith

Oct. 24-26 Judges’ Road Seminar Lake DeGray, Bismarck

Sept. 27-29 County Clerks Winrock, Morrilton

Nov. 9 Public Speaking Seminar AAC building, Little Rock

Oct. 12 Jail Law Seminar AAC building, Little Rock

Nov. 14-17 Assessors Doubletree, Little Rock

Oct. 18-20 County Clerks Embassy Suites, Little Rock

Dec. 6-8 Collectors Embassy Suites, 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 (501) 372-7550 phone (501) 372-0611 fax www.arcounties.org

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org

Lindsey Bailey, Legal Counsel lbailey@arcounties.org

Christy L. Smith, Communications Director

csmith@arcounties.org

Holland Doran, Communications Coordinator

Cindy Posey, Accountant

hdoran@arcounties.org cposey@arcounties.org

Mark Harrell, IT Manager mharrell@arcounties.org

Chris Villines, Executive Director cvillines@arcounties.org

Elizabeth Kellar, Executive Assistant ekellar@arcounties.org

Samantha Moore, Receptionist smoore@arcounties.org

Karan Skarda, ACE Program Coordinator kskarda@arcounties.org

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Risk Management / Workers’ Compensation Debbie Norman, Risk Management & Insurance Director, Risk Mgmt Services dnorman@aacrms.com Debbie Lakey, Workers’ Comp Claims Manager dlakey@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.

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 Colin Jorgensen, Litigation Counsel cjorgensen@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 2017

Director’s

Desk

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County Lines Magazine

County Lines is the official publication of the Association of Arkansas Counties. It is published quarterly. For advertising inquiries, subscriptions or other information relating to the magazine, please contact Christy L. Smith at 501.372.7550.

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

AAC Executive Board: Judy Beth Hutcherson – President Debbie Wise – Vice President Brandon Ellison – Secretary-Treasurer Sherry Bell Debra Buckner Ellen Foote Jeanne Andrews Brenda DeShields Jimmy Hart John Montgomery Gerone Hobbs Rhonda Cole Sandra Cawyer David Thompson Bill Hollenbeck 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.

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

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

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Looking ahead to 50th anniversary, 2017 retirements

Director’s Desk

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op quiz … what do jungles, symphonies, board games, construction and carnivals all have in common? For those of you who know, chances are likely you’ve attended many of our annual conferences, and you easily idenChris Villines tified this as a list of recent conference themes. We AAC hope you had the chance to participate in the 2017 Executive Director conference that just wrapped up. If you did, you heard from a fantastic slate of speakers for both the general and breakout sessions. We extend our gratitutde to state legislators, Attorney General Leslie Rutledge and Gov. Asa Hutchinson for speaking to and interacting with county officials.

For those of you who could not make it to Pulaski County this year, we hope you are saving your energy to attend our biggest and best-ever conference next year. Next year will mark our 50th year of existence at the AAC — and, therefore, our 50th annual conference. What a great time for our counties to shine.

In honor of our golden anniversary, we are relocating the conference but staying in northwest Arkansas. In 2018, we will move to the Embassy Suites Northwest Arkansas Hotel, Spa and Convention Center in Rogers.

Many of you have had an opportunity over the past few years to visit this facility, and we think you’d agree it is perfect for our needs. It is entirely contained indoors, and the convention space is ideal for a conference of our size.

I’d also like to thank county members for participating in a vote at our conference to add a second board member from the Arkansas Coroners’ Association to the AAC board of directors. This group has made great strides in recent years to become more engaged in county government and to be better educated to handle complicated cases arising in the medicolegal death investigation world.

With the addition of one coroner, the AAC board now is comprised of 18 folks — two members from each of our member associations.

Often we talk about the great times we had at our conferences, and I certainly think we all value those moments we spend with our friends from across the state. But it is a great thing when I look in on a breakout session to find a standing-room-only crowd in the room. We will add more seats in 2018. I am glad the county officials who attended at the conference were engaged and interested in the topics we had to offer.

The AAC staff did an outstanding job organizing breakout sessions focusing on topics that resonate with our counties. Medical marijuana, legislative committee meetings, HR Best Practices, personal development, courthouse security and retirement/Social Security are meaty issues that attracted many of you. Nelson Mandela said, “Education is the most powerful weapon which you can use to change the world.” It rings especially true when you, our civic leaders across the state, take knowledge home to all corners of Arkansas.

We are always planning the next year’s conference, and we depend on you to >>> 7

Director’s

Desk

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find out what topics interest you. Please call or email anybody at the AAC about programming you would like to see at the 2018 conference. We are committed to quality education and will work hard to find good material for you all. *** As we start looking to the fall and winter of 2017, I want to thank our AAC Board President Judy Beth Hutcherson for all the hard work she has done for our association. Madame President also has represented us well on a national level at National Association of Counties (NACo) events. Arkansas is well respected because of banner carriers like Judy Beth and Debbie Wise, as both serve as directors on the NACo board.

So it is with a tinge of selfish sadness that I tell you (many of you already know) President Hutcherson will be retiring at the end of 2017 to spend more time with family and friends.

The tinge of sadness is overshadowed by happiness only when we consider the great times in store for Judy Beth as she spends more time cruising the streets of Arkadelphia in her convertible.

Judy Beth, you are a gift to county government. We look forward to honoring you this fall as the time for retirement eases closer. Job well done! *** Another retirement of note this fall is that of Arkansas

Sheriff’s Association Executive Director Mike Godfrey. Sheriff Godfrey took the reins last year when previous Executive Director Ronnie Baldwin passed away, and Sheriff Godfrey has done an admirable job building on Ronnie’s great success.

It has been a pleasure to get to know the former Polk County sheriff over the last year, and I know he looks forward to returning home to his family. The Sheriff’s Association recently met and has announced that Van Buren County Sheriff Scott Bradley will take over as the next executive director this fall. We welcome aboard Sheriff Bradley, and we pass on kudos for a job well done to Sheriff Godfrey. Thank you both for your service. *** Finally, as you all consider budgets for next year, if you are one of a handful of counties not in the AAC Risk Management Program, please give us a call for a quote. We continue to improve the program and build on our progressive benefits package, including the only state association-sponsored free inmate tracking and codification services in the country … soon to be joined by a groundbreaking video arraignment bridge service at no cost to our member counties.

Please call Debbie Norman, Becky Comet or myself to let us walk you through the quote process. We have saved many counties a lot of money; don’t be left out.

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COUNTY LINES, SUMMER 2017

AAC

Family & Friends

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AAC conference succeeds in keeping county officials informed, engaged

I

was thrilled to join you all at the 49th annual AAC Conference in Little Rock a few weeks ago. The excitement and energy surrounding conference always reinvigorates me as I head back to Clark County to fulfill my role as county treasurer. Conference reiterates to me the importance of our role as public servants. From the remarks made by National Association of Counties 1st Vice President Greg Cox to the association meetings to the breakout sessions, each element of this year’s conference emphasized the great responsibility bestowed upon us by the electorate. It is our duty to remain informed and engaged so we can act in the best interest of our constituents.

I want to extend my gratitude to my fellow AAC board member, Debbie Wise, for presiding over this year’s event.

She exuded a level of leadership we all should strive to attain.

And I thank the AAC staff, in particular Elizabeth Kellar, for their work both before and during conference. This was Elizabeth’s first year to plan and oversee an AAC conference.

She handled the responsibility admirably. If you get a chance, please commend her on a job well done.

The staff works passionately each year to craft an event that will leave an impression on us, and I can think of several highlights. The talented Miss Arkansas 2017 Maggie Benton delivered a touching tribute to our country when she sang the National Anthem and “America the Beautiful.” State legislators who sit on the Senate and House City, County and Local Affairs committees and the Senate and House State Agencies committees convened during our conference. They listened to our concerns, and they heard about new efficiencies the AAC is implementing — namely a pilot program called Arraignment Bridge. This program allows communication among inmates, sheriffs and judges to take place via video, thus reducing the risk associated with transporting inmates to and from courthouses and state prisons. I look forward to when this technology is made available to all our AAC Risk Management Fund member counties.

The legislators’ presence at the AAC conference is much appreciated, as it allows them a glimpse into our world and

We want your news COUNTY LINES, SUMMER 2017

President’s Perspective

affords us a chance to forge the relationships we need in place when we go to the Capitol. All of us should strive to maintain an open line of communication with state lawmakers.

It was an honor to have Arkansas Attorney General Leslie Judy Beth Hutcherson Rutledge join us for our Thursday AAC Board President; morning general session. She is Clark County Treasurer such a strong advocate for counties and law enforcement. And I sincerely thank Gov. Asa Hutchinson for making time in his busy schedule to speak with us Friday morning. He announced four counties will receive funding for crisis stabilization units — facilities for which the AAC has advocated to alleviate jail overcrowding.

The breakout sessions were helpful and timely. We learned more about the state’s new medical marijuana laws and our role in the implementation of those laws, human resources best practices, diversity in the workplace, and courthouse security and self-defense.

We also had opportunities to fellowship with one another.

The relationships we establish with those in our county family are so important. We are our greatest allies and sources of support. You can’t put a price tag on the experience of those who have been serving the public for numerous years. With their sage wisdom, we all can remain informed and engaged — and be more effective servants to our public.

Judy Beth Hutcherson Judy Beth Hutcherson Clark County Treasurer / AAC Board President

Did an aspect of county government “make news” recently in your county? Did any of your county officials or staff get an award, appointment or pat on the back?

Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail csmith@arcounties.org.

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AAC

Family & Friends

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Restoring hope for Arkansas children

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hen disaster strikes, Arkansans respond in big ways. In my weekly address [on Sept.

1], I commended the folks who rushed to northeast Arkansas after the spring storms and to south Texas after Harvey. And no doubt, a fair number of Arkansans will show up in south Florida [following Hurricane Irma].

In my time as governor, I have become painfully aware of a devastation of another sort — the wreckage of families and the innocent children who end up in the state’s child-welfare system.

In the same way that I have witnessed the rush to assist during natural disasters, I have watched with admiration as our fellow Arkansans have rushed to aid these kids who, through no fault of their own, find themselves in the care of strangers.

In an effort to aid those children, we have held two statewide Restore Hope summits. At the second summit that just wrapped up [on Sept. 8], I met hundreds of people who devote their lives and give their hearts to these children hoping for a better chance at a good and safe life.

At the time I took office, I talked with a lot of people who already were in the trenches doing good work. Many suggested ways we could improve what we were doing and proposed ways we could do more.

I am happy to report some dramatic improvements as state agencies partnered with members of the faith community and with nonprofits.

One of the first things we needed to accomplish was to increase the number of foster families. Since August 2015, the number of foster homes has increased from 1,300 to 1,800 — a big difference.

We have slowed the growth of the number of children in foster care. Based on our best information, we had predicted there would be 5,800 foster kids by August of this year, but

Online

&

Interactive @75arcounties

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From The Governor

we kept the actual total to 5,100.

We needed more money for caseworkers, so I asked the General Assembly for $24 million to hire more caseworkers to help our children. Your legislators approved the request with bipartisan enthusiasm. The load for our caseworkers has dropped from 28 cases each to 22 cases, and we’re continuing our efforts to lower that number still to Hon. ASA meet national standards.

HuTCHINSON We have cut the number of Governor of Arkansas overdue investigations from 721 to 51. That is significant.

Think about what that means. We have greatly reduced the number of children who are in imminent danger through neglect or violence.

We have placed 29 percent of all children with relatives, which is a six percent improvement.

When the faith and nonprofit communities get involved, we can minister to the heart of a person, and when you minister to the heart — whether it’s an innocent child or an adult looking for a second chance, you change lives.

Arkansans show compassion in difficult times, and for that reason, I am honored to be your governor.

Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas

Like AAC on Facebook today! Share your comments and thoughts on anything in this edition. Connect with us on Facebook at www.arcounties.org.

Look for weekly county snippets and tidbits and timely photos and information from ongoing AAC events.

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

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AAC

S

Family & Friends

AG Opinion: civil offices

ection 6 of Amendment 95 to the Arkansas Constitution, the four-year term amendment, amends Section 53 of Article 7 of the Arkansas Constitution. The provision prohibits a person elected or appointed to one of the nine county or district offices from holding any other “civil office.”

The 2017 Winter issue of County Lines magazine includes an article entitled “Exploring the Ways Issue 1 Amends the State Constitution”

by Sarah Giammo, AAC Law Clerk.

Pages 15 and 16 set forth a full discussion of the analysis and litany of court holdings and opinions issued by attorneys general interpreting and applying the definition of “civil office” to positions created by law. Arkansas state Sen. Bryan King of Green Forest, who advocated for the four-year term amendment, kindly requested an opinion of the Attorney General on which particular appointments or elective positions a county official or justice of the peace might legally hold following the passage and effective date of the amendment.

Sen. King included reference to specific offices identified by our county officials along with legal authorities, if any, and categorized his requests based upon positions that previously have been held: (a) to be a “civil office” (such as School Board); (b) held not to constitute a “civil office” (such as delegate at a Constitutional Convention); (c) as well as positions that county officials are subject to fill by affirmative law (such as Intergovernmental Cooperation Council); and finally (d) positions our county officials and justices of the peace identified for Sen. King to inquire of the Attorney General (such as county fair board, local museum board, or 12

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library board, etc.).

Sen. King’s opinion request asked whether the Attorney General concurred with the past holdings of the courts or opinions of the Attorney General, which concluded the following 20 offices were considered civil offices (and the referenced legal authorities): superintendent of the Arkansas School for the Blind {See: Lucas v. Futrall, 84 Ark. 540 (Ark. 1907)}; municipal judge; county election commissioner {See: Wood v. Miller}; member of the state Board of Pardons and Paroles; Board of the Southern State Colleges; member of a school board; member of a county equalization board; prosecuting attorney; Board of Workforce Education; prosecuting attorney or deputy prosecuting attorney; Board of Workforce Education; Capitol Arts and Grounds Commission; Arkansas Motor Vehicle Commission; sheriffs and deputy sheriffs; and city police officers.

Sen. King’s request also specifically inquired as to a list of five boards and commissions in which past holdings of the courts or opinions of the Attorney General concluded were not civil offices (and included reference to the previous court rulings and attorney general opinions): teacher; superintendent of a small school district; auditor of the Arkansas Burial Association Board; and delegate to the Constitutional Convention.

Sen. King’s request inquired about five boards or commissions on which county officials are subject to serve by virtue of their county office and affirmative statute: Intergovernmental Cooperation Council as per Ark. Code Ann. § 14-27-102; Arkansas Workforce Development Board as per Ark. Code § 15-4-3704; county equalization board as per Ark. Code Ann. § 26-27307; regional solid waste management

AG Opinions

districts as per Ark. Code § 8-6-703; and planning and development districts as per Ark. Code Ann. § 14-166-202.

This request Mark Whitmore was of utmost AAC Chief Counsel importance.

Finally, Sen. King’s request inquired about 18 boards or commissions our county officials and justices of the peace identified that they might be requested to serve upon and were in need of an opinion from the Attorney General: rural water boards, regional water boards or water user boards; waterworks and public sewer facility boards; county fair boards; Farm Bureau Board; Design Review Board for West Memphis; airport commission for municipal or regional airports; Arkansas Fire Protection Service Board; chamber of commerce; Southwest Mental Health Board; Arkansas Cattleman’s Foundation Board; County Soil and Conservation Board; local museum board or commission; county library board as per Ark. Code Ann. § 13-2401; county hospital board as per Ark. Code Ann. § 14-262-113; county or district boards of health as per Ark. Code Ann. § 14-263-104; county or district boards of health as per Ark. Code Ann. § 14-262-113; Rural Development Authority as per Ark. Code Ann. §§ 1488-103 through 14-88-103; Electronic Recording Commission as per Ark. Code Ann. § 14-2-305; levee board or levee improvement district as per Ark. Code Ann. § 14-123-201.

AG OPINION NO. 2017–028 The Attorney General’s opinion stated COUNTY LINES, SUMMER 2017

AAC

Family & Friends

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as follows: Court in {Wood v. Miller} declined to a commissioner’s position is created by “I must respectfully decline to opine set forth any hard and fast rules with law, and the law — not a contract of on the questions of (1) whether each of regard to the nature of a ‘civil office,’ employment — expressly establishes the numerous boards, commissions, or but it has observed that in any public the commissioners’ duties (‘assess all other entities you have listed in your re- office the ‘duty [is] a continuing one, benefits ... and all damages....’). Furquest for my opinion constitutes a “civil which is defined by rules prescribed by thermore, I noted that the duties are office” for the purposes of the recently the government and not by contract, continuing, not occasional or intermitadopted Article 7, section 53, and which an individual is appointed by tent; and that other indicia of a civil (2) whether that same constitutional government to perform.’ The Court office, including the receipt of comprovision thus prohibits county elected has also consistently adhered to the pensation and expenses and the taking officials from serving on them.” view that an ‘office’ is created by law, of an oath of office, were present.

The Attorney General further stated: with the tenure, compensation, and Finally, and perhaps most significantly “As the discussion below illustrates, duties of the position also usually fixed for the purposes of that opinion, it was the application of the governing legal by law. Other typical factors signifying clear that the position of an improvetest requires discovery and analysis a public office include the taking of an ment district commissioner involved of numerous and the exercise of sovervaried facts concerneign power as agents ing each entity. The of the State both by he [state Supreme] Court has also consistently fact-finding required statutory authority to address many of adhered to the view that an ‘office’ is created by law, and ‘by legislative the entities you have delegation through listed is beyond the the taxing power of with the tenure, compensation, and duties of the position scope of an Attorney the [S]tate....’ Thus, also usually fixed by law. Other typical factors signifying General’s opinion. we can see what I will nonetheless the Court generally a public office include the taking of an oath of office, the lay out below the looks for in deterprevailing law on mining whether a receipt of a formal commission, and the giving of a bond ... given position is a what constitutes a ‘civil office’ in the ‘civil office,’ at least — Arkansas Attorney General Leslie Rutledge context of a similar for the purposes of and long-standing Article 5, section 10. constitutional proI have no reason to hibition placed on sitting legislators. oath of office, the receipt of a formal doubt that the Court would apply the This corpus of law, in my opinion, commission, and the giving of a bond, same definition and consider the same should be equally applicable to the although the Court has consistently factors in determining a ‘civil office’ provisions of Article 7, section 53. This maintained that no single factor is ever in the context of Article 7, section 53. should be of significant help to you conclusive. In the time period since Accordingly, in my opinion, the above as you apply the law to the individual Wood and Lucas v. Futrall, the Court principles should be applied to a given facts in each case.” ... “In order to dehas consistently applied the principles office or position, taking into considertermine whether a particular position set forth in those cases so as either ation the facts of each specific case.” like the ones you mention falls within to prohibit or to allow dual service “In your request for my opinion, you Article 7, section 53’s proscription for insofar as it applies to members of the note that some state statutes require at elected county officials, one must first General Assembly pursuant to Article least one of the elected county officials determine whether the position is con- 5, section 10.” named in Article 7, section 53 to serve sidered a ‘civil office.’ The Arkansas Su“I have had occasion to apply the on a specific board or commission. preme Court has stated the following above precepts and precedents to opine This raises another aspect that must be in defining the term ‘civil office’ in the that the position of a commissioner considered when looking at a specific context of Article 5, section 10’s simifor a drainage improvement district is appointment, that is, whether the statlar prohibition against such simultane- a civil office. In that See “CIVIL OFFICES” on Page 21 > > > ous service by sitting legislators: ‘The opinion, I noted that

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AAC

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A wave of new legislation to hold back future flooding “The roar of the crevasse drowned all sound. It carried up and down the river for miles and carried inland for miles. It roared like some great wild beast proclaiming its dominance. Men more miles away felt the levee vibrate under their feet and feared for their own lives.”

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his year marks the 90th anniversary of the Great Flood of 1927. After months of intense rains throughout the Mississippi River drainage basin, which covers a significant portion of the United States, the Mississippi and its tributaries were swollen with more water than they had ever before carried. In April that year, after several more inches of rain, Arkansas received the brunt of the cataclysmic flood waters, as levees were breached all along the White River and the Arkansas River, spilling as much as 15 feet of water across 2 million acres of land. More than 350,000 Arkansans were affected by the inundation.

There has not been a flood near the same magnitude in the Mississippi River Valley since the devastating 1927 flood, but there have been several floods in recent years that have nevertheless been destructive. Just this year storms in late April dumped several inches of rain in Arkansas, ultimately causing the flooding of nearly 1 million acres of farmland, taking nine lives statewide, and costing more than $13 million in damage across the state. The Black River in particular crested at almost 29 feet and broke through nine sections of the Running Water levee near Pocahontas, inundating the surrounding area.

Levees provide the main method of flood control in Arkansas and the rest of the Mississippi River Valley. Levees are typically mounds of earth built upon either bank of a river to help contain the river during a flood event. The use of levees to control flooding dates back thousands of years: “Babylonians leveed the Euphrates. Rome leveed the Tiber and Po.” In the 1700s, Europeans built levees along the Danube, the Rhine, and the Volga, among others. The use of levees in the Mississippi River Valley became widespread in the 1800s. By 1858, there were more than 1,000 miles of levees along both sides of the Mississippi River, some as high as 38 feet. As levees were being constructed, levee districts were formed to manage them. As witnessed during the epic 1927 flood and during the many floods Arkansans have observed since then, problems occur when the levees are not able to withstand the rising flood waters.

How Levees Break and How They Can Be Fixed There are four primary ways levees may fail: seepage, 14

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instability, erosion, and deficient height. Seepage occurs when water saturates the levee and slowly works its way to the other side, through the levee’s foundation.

The flow of the water seeping through the foundation typically gets wider and stronger until an Sarah Giammo entire section of a levee gives way.

Law Clerk A break in the stability of the levee occurs when the pressure of the water against the levee is so great that part of the levee sloughs off into the water. Erosion happens over time as the river current scours away the foundation of the levee, weakening it to the point of collapse.

Deficient height means the water level rises higher than the levee was built to withstand and simply pours over the top of the levee.

To prevent or mitigate levee failure, levees require a certain amount of maintenance and repair over time. The U.S. Army Corps of Engineers (USACE) has come up with different solutions for each type of levee failure. If a levee is failing because of seepage, USACE recommends constructing a seepage cutoff wall, which requires digging a deep trench in the middle of the levee and filling it with clay, concrete, or some other type of impermeable layer to stop the flow of water. If a levee is suffering because of a break in the stability, USACE says it is best to build the levee wider and flatter to fortify its structure. If the foundation of the levee is eroding, USACE suggests adding a layer of rock or concrete to the foundation to prevent the river from washing it away. If a levee has a deficient height, USACE advises building the levee higher or installing a flood wall at its apex.

The Nature of the Problem in Arkansas Sometimes local officials and levee districts can do everything right to maintain their levees, but Mother Nature overcomes their efforts. The 8.7-mile Running Water levee system near Pocahontas was constructed in the early 1900s

by USACE. In the 1930s, USACE turned maintenance of the levee over to a local levee district. In the 1960s, however, the levee district disbanded, and the levee fell into disrepair.

After more than 40 years of no maintenance on the levee, the levee district was re-formed in late 2010. The new levee district took out a $1.2 million loan and assessed residents 50 cents per acre to help cover the cost of rebuilding the levee to its original, post-1927 flood design, at 28 feet. As the COUNTY LINES, SUMMER 2017

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rains saturated Arkansas’ rivers and streams last spring, the flood waters rose to record levels, and the Black River crested at 28.95 feet, topping the Running Water levee. This year’s flood simply exceeded anyone’s expectations.

The problems facing levee districts in Arkansas are not limited to levee failure and lack of levee maintenance, the problem extends to the fact that no one in Arkansas knows how many levees or levee districts there are and where they may be located.

It is virtually impossible to determine the exact number of levees and levee districts in Arkansas. Levee districts can be created in a myriad of ways. They can be established by special legislative act, by authority granted to cities and counties in general laws, and by court order or private individuals. The patchwork nature of these laws makes it difficult to know when, where, and under what legal authority the levee district was formed. Over time, just like the Running Water levee district, the original members dispersed, retired, or passed away. However, unlike the Running Water levee district, most of the time the vacancies were never filled and, once disbanded, the districts were never re-formed. Records from these levee districts are likely packed away in boxes or filing cabinets, lost, or were never filed in the first place.

Without anyone to maintain the levees, the levees themselves have become overgrown, been destroyed by animal burrowing, or been concealed by new construction development.

Given the confusion surrounding how many levees there are, it should come as no surprise that more than half of Arkansas’ levees have been rated “unacceptable” by USACE. People often do not realize the importance of levees and levee districts until they are desperate for help because their homes and farms are under water. Several major floods in recent years have contributed to a wave of new legislation designed to improve levee maintenance and levee district management. In fact, four bills have been passed since 2009 to establish a better system of safeguards for levee districts.

Levee District Reporting Requirements Act 386 of 2009 requires levee districts to file reports with the county clerk. The initial report must include the name of the district; the date it was formed; the legal authority under which it was formed; a description of the district and a map of its boundaries; a map of the parcels of property located within the district; the names, addresses, and terms of the board members; vacancies on the board; and future meeting dates and times. By December 31 every year after the initial reports have been filed, levee districts are required to file less-extensive reports updating information about the current board members, any board vacancies, and meeting information.

Act 7 of the Third Extraordinary Session of 2016 added that county clerks are required to forward all such levee district reports to the Arkansas Natural Resources Commission COUNTY LINES, SUMMER 2017

(ANRC), which is responsible for managing and conserving the state’s water resources, including flood control.

Improvement District Reporting Requirements Act 210 of 2011 created another set of reporting requirements for levee districts. Whereas the 2009 act applied exclusively to levee districts, the 2011 act applies broadly to “all improvement or protection districts organized under Arkansas law that use the county collector for collection of ... assessments.” The report must include a host of financial data, including the details of any contracts, outstanding indebtedness, and a statement of income and expenditures, and the report must be filed with the county clerk.

FOIA Act 210 also made improvement districts explicitly subject to the Freedom of Information Act (FOIA). The provision adds “improvement district” to the list of agencies for which records are subject to disclosure to the public.

County Clerks’ Reporting Duties and Publishing Requirements RE: Vacancies If there is a vacancy on a levee board, which should be indicated in the levee board’s annual reports, Act 386 and Act 7 require the county clerk to send notice to the members of the board and the county court. The clerk must also publish notice of the vacancy in a newspaper of general circulation in the county and on a county-owned or affiliated website.

If the report filed by the levee district indicates there has been a continuing vacancy, a position that remains open in consecutive reports, the county court has to hold a public hearing to fill the vacancy.

Act 7 eliminated county clerks’ duty to send notice of levee board vacancies to prosecuting attorneys, and in doing so, it also got rid of prosecuting attorneys’ role in investigating and filling vacancies.

Instead, county clerks must now send notice of continuing vacancies to county judges. County judges then determine the existence of the vacancy, conduct a public hearing, and enter a county order reflecting the majority vote of the landowners to fill the vacancy. The county judge may assess the district fines for any violations of these statutes and to recoup the costs of publishing the notices.

County Judges’ Procedures for Audits and Filling Vacancies under Act 623 This year the legislature approved a bill that seeks to provide an even greater number of safeguards for levee districts than previous legislation. Act 623 of 2017 gives mayors and county judges the authority to do something if the levee disSee

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trict provides insufficient financial information to the public, has vacancies on its board, or is not conducting its meetings in a central and convenient location. This act applies generally to all types of improvement districts, not just to levee districts alone, and it hinges on participation from the public. In most instances, a county judge or a mayor may not act without members of the public taking the first step.

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quirements under Act 7. A county judge does not act to fill the vacancy on a levee board until he or she receives a petition by at least 10 percent of the landowners in the levee district alleging that the levee board itself has failed to fill the position.

The method permitting a county judge to appoint someone to fill a vacancy by acting “on his or her own accord,” is a fall-back provision, and should only be used by a county judge as a last resort. Essentially, if all else fails — for example, if a county judge knows that there is a vacancy on a levee board and the steps under Act 7 reporting requirements cannot be followed or the landowners do not circulate a petition to fill the vacancy under Act 623 — a county judge may act on his own accord to appoint someone to fill a vacancy on a levee board.

Audits Under Act 623, a county judge may order an independent audit to be conducted of a levee district’s financial situation. First, members of the public have to make a valid FOIA request for financial information from the levee district. If the information from the levee district is substantially insufficient, then at least 10 percent of the Appointing an Administrator property owners in the levee district can submit a petition In the event that all of the positions on the levee board are and an affidavit to the county judge concerning the levee vacant and no interested district’s financial affairs property owner is willing and showing that the to serve as a board memn the event that all of the positions on the information is substanber, the county judge shall tially insufficient. levee board are vacant and no interested prop- appoint an administraUpon presentation of tor to act in place of the the petition and affidavit, erty owner is willing to serve as a board member, board. The administrator the county judge directs acts as a substitute for the the district to comply with the county judge shall appoint an administrator to board until an interested the FOIA request for the property owner in the levee district’s financial act in the place of the board. levee district steps forward data. If within 30 days to serve. This provision in the levee board does not Act 623 does not require provide the financial data property owners to act via petition or affidavit before the or responds that no such information exists, the county judge county judge is required to appoint an administrator. may then order an independent audit. The levee district is responsible for the cost of the audit.

Funding

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Meeting Location Levee district meetings are required to be held in a central and convenient location in the county where the levee district is based. If 10 percent or more of the property owners petition the county judge to do so, the county judge shall determine the meeting location.

Vacancy Act 623 offers two alternative methods of filling vacancies in addition to the process triggered by the reporting requirements under Act 7 described above. In the event of a vacancy under Act 623, a county judge may appoint a replacement commissioner by petition of the property owners or by acting “on his or her own accord.”

The petition method operates much like the reporting re16

Another major obstacle levee districts face — even if all the board members are in place, reports are being filed, meetings are being held in a central and convenient location, and so on — is obtaining sufficient funding to maintain the levees within the district. Many of the solutions proposed by USACE for repairing and maintaining failing levees do not come cheap. Levee districts derive funding from assessments on property within the district. Even in large urban levee districts that have a higher population and therefore have a greater number of property owners contributing to the levee district than rural districts, it can be difficult to make ends meet. Grants from the state and federal government are rarely available, and there is often a lack of political will from levee board members to propose raising the cost of the assessments on themselves.

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erty owners are not paying their assessments. This is an ongoing issue in Pulaski County. The Bill and Hillary Clinton National Airport owns 95 parcels, or just about 10 percent of the property in the Pulaski Drainage No. 2 Improvement District. The airport does not pay property taxes, and claims the Federal Aviation Administration (FAA) prevents it from voluntarily paying improvement assessments, revenue that helps cover the costs of operating and maintaining a 7.2-mile levee and its pumps on the Arkansas River. While the Arkansas Constitution Article 16 § 5 exempts public entities from taxation, the Arkansas Supreme Court has said the revenue collected by improvement districts from those who benefit from the improvement is considered an assessment, not a tax, so the airport would not necessarily be exempt from improvement assessments. Airport representatives contend that even so, FAA regulations pre-empt state law on this issue.

If the airport paid the assessments, it likely would go a long way in helping the levee district cover its costs, considering that last year the board dipped into its reserve funds to cover budget deficits.

Levee district board members may also weigh their funding options by conducting a cost-benefit analysis. They may ask themselves whether it is worth the expense to repair a levee or increase its height to certain specifications. Take the Running Water levee as an example. The levee district recently took out a $1.2 million loan to build the levee to 28 feet. Would it be worth it to build the levee to, say, 30 feet, if this year was the first time on record the river has crested at 28.95 feet? What are the chances the water would rise to that height again?

Where do we go from here?

In some ways it is difficult to figure out where we go from here. Many of the issues that plague levees and levee districts are not within the control of local, state, or federal governments. We cannot control flooding events. We cannot always secure state or federal funding. We cannot change the fact that the history of levee districts in Arkansas has resulted in a quilt-like assemblage of levees and levee districts. I was told at a retail job I worked once that it is not about the things you cannot change, it is about the things you can change.

For example, after the last several legislative sessions, there are new provisions offering mayors and county judges several ways to keep track of their levee districts and to fill vacancies to promote continuity of levee boards. As long as there are people in place to monitor the levees, the likelihood decreases that the levees will fall into disrepair. Ultimately, the levee districts in Arkansas have some room for improvement, but

the legislation passed in recent years should help by putting in place better safeguards for levee maintenance and levee district management.

Sources John M. Barry, “Rising Tide: The Great Mississippi Flood of 1927 and How it Changed America” (Simon & Schuster, 1997).

“Flood of 1927,” The Encyclopedia of Arkansas History and Culture, http://www.encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=2202 (last visited June 26, 2017).

Kenneth Heard, “Federal Aid Sough for 31 Counties; Hutchinson Puts Storm, Levee Break Damage at $13M,” Arkansas Democrat Gazette (June 6, 2017) http://www. arkansasonline.com/news/2017/jun/06/federal-aid-soughtfor-31-counties-2017-1/.

How Levees Break, How We Fix Them, U.S. Army Corps of Engineers, Sacramento District, https://www.youtube. com/watch?v=A1IxIKLV68E (last visited June 26, 2017).

Kenneth Heard & Emily Walkenhorst, “Levee Fails, Looses Rising Torrent,” Arkansas Democrat Gazette (May 4, 2017) http://www.pressreader.com/usa/arkansas-democrat-gazet te/20170504/281479276320181.

Ark. Op. Att’y Gen. 2004-241 (2004).

Ark. Code Ann. §§ 14-120-101 through 14-124-116; and Ark. Op. Att’y Gen. 2004-241 (2004).

Ark. Op. Att’y Gen. 2004-241 (2004).

Emily Walkenhorst, “53% of Arkansas’ Levees Corp-Listed as Deficient,” Arkansas Democrat Gazette, Apr. 2, 2017, http://www.arkansasonline.com/news/2017/apr/02/53-ofarkansas-levees-corps-listed-as-d/.

2009 Ark. Acts 386.

2016 Ark. Acts 7.

Arkansas Natural Resources Commission, http://www. anrc.arkansas.gov/, (last visited May 26, 2017).

2011 Ark. Acts 210.

2009 Ark. Acts 386 2016 Ark. Acts 7.

2017 Ark. Acts 623.

Chelsea Boozer, “Little Rock Airport: Levee Fees Not on Radar,” Arkansas Democrat Gazette (May 28, 2017) http:// www.arkansasonline.com/news/2017/may/28/lr-airportlevee-fees-not-on-radar-2017/.

Ark. Const. art. XVI, § 5.

Rainwater v. Haynes, 244 Ark. 1191, 1194, 428 S.W.2d 254, 256 (Ark. 1968).

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What county officials need to know about emergency management preparedness

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N the last decade, from Jan. 1, 2008 through July 31, 2017, Arkansas has had 21 major disaster declarations. From these 21 disasters, Arkansas has received a combined total of $55,542,952.67 for individual assistance and $440,770,920.39 for public assistance. Disasters come in all shapes and sizes, they do not have political ties, and they can affect any county at any time. Over the last decade, Arkansas has witnessed extensive flooding, devastating tornadoes, ice storms, and an oil spill, and we are patiently waiting on the ever-looming threat of the tectonic plates shifting at the New Madrid fault. County elected officials have a responsibility to help their county weather the storm.

Fortunately, many have come before you and many lessons have been learned along the way. As the executive officer of county government, it is primarily the duty of the county judge to deal with disasters; however, disasters can impact the day-to-day functions of any county official. This article is dedicated to providing county officials with information needed to prepare for and get through the next disaster that strikes their county. Being unprepared is not an option.

All County Officials Continuity of Operations Plan The single most important plan all county officials should be familiar with is their Continuity of Operations plan (COOP), also known as a disaster recovery plan. During a disaster, the county government cannot afford to shut down and cease working; therefore, knowing the COOP is vital to getting county government up and running again quickly and efficiently after a disaster or emergency. A COOP is the effort within individual counties to ensure they can continue to perform their mission essential functions during a wide range of emergencies. It is the initiative that ensures governments, departments, businesses, and agencies are able to continue their essential daily functions. This is not an initial response type plan, but rather a detailed, long-term plan that requires planning for any event — natural, man-made, technological threats, and national security emergency — causing a county to relocate its operations to an alternate or secondary site to assure continuance of its essential functions.

A valuable plan addresses orders of succession, delegations of authority, continuity facilities, continuity communications, essential records management, human resources, testing, training, exercising, devolution, and reconstitution. The Arkansas Continuity of Operations Program provides a methodology, hardware, software, training, and user assistance for 18

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the development, maintenance, and testing of disaster recovery plans for Arkansas agencies, boards, commissions, school districts, counties, and cities. These plans are intended to ensure that essential services will continue to be provided after any disrupBlake Gary tive event. Information regarding Law Clerk training and planning from the Arkansas Continuity of Operations Program can be found at http://www.dis.arkansas.gov/security/Pages/ContinuityofOperationsProgram.aspx.

One of the most important aspects of a COOP is having a backup facility to which government can relocate and recover data if the primary facility is damaged or destroyed. There are three types of backup sites: cold sites, warm sites, and hot sites. Cold sites are typically empty operational spaces with basic facilities like air conditioning, power, and communication lines. A hot site is a duplicate of the primary facility, with full computer systems and backups of data, and it can often be brought up to full production immediately. Warm sites fall in between hot and cold sites. These are not barebones facilities, but recovery may be delayed data is retrieved from the remote backup site. These backup sites can be rented, obtained through mutual aid agreements, or might already be owned by the county, but they should be 15 or more miles away from the primary site to lessen the chance of a disaster affecting the primary and backup facilities. Regardless of what type of backup site the county uses, it is crucial to always keep an updated backup of all records and data.

Records and data should be backed up every day and officials should be able to recover them from a remote location to ensure the county government will continue to run smoothly through disastrous times.

Disaster recovery plans are so important that Ark. Code Ann. § 10-4-424 authorizes the Arkansas Legislative Audit to conduct audits of all or any part of the information systems or operations of any entity of the state or political subdivision of the state. Information systems audits evaluate an entity’s information processing systems, including the entity’s disaster recovery plan. Ark. Code Ann. § 10-4-424 also requires all contracts between counties and vendors for information systems or other computer services to contain a provision permitting Arkansas Legislative Audit access and authority to audit computer applications supplied by vendors. For more COUNTY LINES, SUMMER 2017

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information on how to keep a Continuity of Operations plan up to par with the Arkansas Legislative Audit, see the Arkansas Legislative Audit Information Systems Best Practices at http://www.arklegaudit.gov/!userfiles/editor/docs/Resources/ IS%20Best%20Practices.pdf.

National Incident Management System Another way to be prepared for a disaster is to be familiar with the National Incident Management System (NIMS) and the Incident Command System (ICS). NIMS is a comprehensive, national approach to incident management that is applicable to all jurisdictional levels across functional disciplines and is intended to: (1) be applicable across a full spectrum of potential incidents, hazards, and impacts, regardless of size, location or complexity; (2) improve coordination and cooperation between public and private entities in a variety of incident management activities; and (3) provide a common standard for overall incident management.

County officials may receive a crash course on NIMS after being elected, but it is up to those officials to stay on top of their training. Since county officials are elected, the Federal Emergency Management Agency (FEMA) does not mandate a training standard for them to adhere to, but FEMA and the Arkansas Department of Emergency Management (ADEM) strongly recommend the following training agenda depending on the level of incident management: 1. Anyone with a Response or Emergency of Operations Plan • IS-700 – an Introduction to NIMS (3 hour course) • IS-100 – an Introduction to the Incident Command System (3 hour course) 2. First Line Supervisors • All of the above plus • IS-200 – NIMS for Single Resources (3 hour course) 3. Middle Management/Emergency Operation Center Staff • All of the above plus • ICS-300 – Intermediate ICS • IS-702 – Public Information Systems (3 hour course) • IS-703 – Resource Management (3.5 hour course) • IS-800 – an Introduction to the National Response Framework (3 hour course) 4. Command and General Staff (Jurisdiction/Department Heads) • All of the above plus • ICS-400 – Advanced ICS All of the courses listed above, with the exception of COUNTY LINES, SUMMER 2017

ICS-300 and ICS-400, can be found on FEMA’s website at https://training.fema.gov/nims/. ICS-300 and ICS-400 are available from ADEM as classroom activities only. It may be difficult to carve out time, especially during the first few months in office. However, officials can get a head start on their learning by use of Ark. Code Ann. § 14-14-1207, which authorizes reimbursement of expenses for discretionary functions and services, including training expenses for a county official-elect if authorized by the quorum court.

County Judges Authority A county judge’s first step in being prepared is to understand his or her legal authority and the extent of that authority. County judges must have a clear understanding of their roles and responsibilities for successful emergency management and incident response. One path to understanding is becoming familiar with the laws governing disasters. There may be ordinances that are specific to the city or the county, but there are also state laws that must be followed. Each county judge should be familiar with the Arkansas Emergency Services Act of 1973 codified as Ark. Code Ann. §§ 1275-101 – 12-75-133. The Arkansas Emergency Services Act of 1973 is vital to understanding the process of declaring a local disaster emergency, the requirement for local emergency management, the process of requesting mutual aid between jurisdictions, and much more.

A judge’s responsibilities and duties will vary depending on whether the disaster is declared at the state level or federal level so it is vital to understand the judge’s role in both. However, judges are not alone in this endeavor; their local emergency manager is there to help guide them down the right path. The local emergency managers and the area coordinators are great assets during any emergency and they can assist newly elected or seasoned county judges through the entire disaster process.

Exercising Maybe the most crucial step in being prepared is to exercise as often as possible. ADEM offers various different training exercises, including natural disasters, disease outbreaks, social disruption, and technological disasters. By Sept. 21, 2017, ADEM will have conducted 82 exercises within a one-year period (from Oct. 5, 2016 to Sept. 21, 2017) throughout the state of Arkansas. Former Faulkner County Judge Allen Dodson knows first-hand how beneficial these exercises are.

Dodson was appointed to the position in January 2013.

Just over a year after being appointed, an EF4 tornado tore through Faulkner County, flattening a subdivision, crippling See

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a community and causing multiple deaths. However, the include disposable cameras and forms where staff can list who county was prepared for this disaster. Just a couple of months was at what location, how much time was spent there, and prior to the tornado, the county participated in a tornado what equipment was used. exercise very similar to the scenario that occurred in late The documentation process does not end with damages.

April 2014. The schedule of upcoming training exercises The uniform rules require counties to maintain records through Sept. 21, 2017, is available on ADEM’s website sufficient to detail the history of procurement. Every signed at http://www.adem.arkansas.gov/Websites/ardem/images/ contract needs documentation of: (1) the rationale for EXSchedule.pdf. There are three more exercises occurring selecting the contract type used and for contractor selection; before the end of September involving flooding, earthquake, (2) the basis for the contract price; (3) acquisition planning and activation of the State’s Emergency Operations Center information and other pre-solicitation documents; (4) (SEOC). Just like any good basketball, football, or baseball list of sources solicited; (5) copies of published notices of team that practices and exercises endlessly to become the proposed contract action; (6) independent cost estimate; (7) best team they can notice of award; be, so the judge and (8) notice and county can to unsuccessful irst and foremost, the most important thing to do practice, exercise, bidders or offerors and be prepared record of any once a disaster strikes is to document, document, and and to overcome any debriefing (44 C.F.R disaster. § 13.36). These document. Documentation is the process of establishing records become the Documenting and maintaining accurate records of events and expenditures basis for verifying As crucial as the final project preparedness is, costs and should be related to the county’s disaster recovery work. it is only half the retained for at least battle and will not three years from prevent disasters the date the state from occurring. First and foremost, the most important thing closes the grant. Accurate documentation will help recover to do once a disaster strikes is to document, document, and all eligible costs, have the information necessary to develop document. Documentation is the process of establishing project worksheets, have the information available for the and maintaining accurate records of events and expenditures state and FEMA to validate the accuracy of smaller projects, related to the county’s disaster recovery work. The and be ready for any state or federal audits or other program information required for documentation describes the “who, financial reviews. what, when, where, why and how much” for each item of disaster recovery work. A picture is worth a thousand words Procurement — or dollars in this case — so it is vital to take pictures and Once the initial documentation of the damage has been record everything. All documentation pertaining to a project completed, it will be time to start the restoration process and should be filed together with the corresponding project there may arise a time when it is necessary to contract work worksheet. Be as specific as possible when describing damage. out to third parties to hasten the relief effort. Always rememFor example, if two buildings have water damage describe ber when federal money is involved, judges not only have to the damage as, “Floodwater inundated two buildings that comply with local procurement guidelines, but they must serve x number of people, to a depth of x number of feet, comply with the federal guidelines in 44 C.F.R § 13.36 and damaging drywall, tile flooring, and books in all x number 2 C.F.R. §§ 200.318 to 326. One potential disaster to look of rooms.” Detail is the critical factor when documenting out for when contracting is “storm chasers.” Storm chasers damage. So much so, Judge Jimmie Hart of Conway County are contractors who chase storms to try to get contracts from recommends purchasing cameras that show the time the counties affected by disasters. Always research the contracpicture was taken and show the exact GPS coordinates tor before entering a contract. Look for contractors who: (1) the picture was taken at. You can even go as far as putting have the ability to perform successfully under the terms and emergency kits in the glove compartments of vehicles likely conditions of a proposed requirement; (2) have a satisfactory to be called out to do emergency repairs. These kits could record of integrity and business ethics (contractors that are

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debarred or suspended must be rejected and cannot receive contract awards); (3) complied with the public policies of the federal government and state and local government, and; (4) have the financial and technical resources to perform the work under the contract.

County Sheriffs Civil Unrest During the two-year opposition period of the Dakota Access Pipeline, Sioux County, N.D., saw its population nearly double. People poured into the county by the thousands and set up camp to protest the pipeline. Whether these movements stay as peaceful protests or escalate into riots, counties usually do not have the staff or resources to deal with a sudden influx of people. The Arkansas Sheriff’s Association (ASA) Task Force was created to render emergency assistance and provide additional personnel to sheriffs with regard to, but not limited to, the security of homeland, disaster relief, civil defense, and law enforcement assistance with crowd and riot control. The primary mission of the ASA Task Force is to act as an ever-ready reactionary force prepared to respond to emergencies and calls for assistance anywhere in the state of Arkansas. Looking back at North Dakota, if the same situation were to occur in Arkansas and the county’s sheriff department did not have the resources to combat it, then the sheriff could activate the task force and request assistance from surrounding jurisdictions. Ark. Code Ann. § 16-81-106

authorizes certified law enforcement officers to have police power and to make arrest in other jurisdictions at the request of or with the permission of the municipal or county law enforcement agency that has jurisdiction.

The task force is to be used for smaller incidents as opposed to federally declared disasters. For larger incidents, such as federally declared disasters, sheriffs will coordinate with their local emergency manager and ADEM to get needed resources. ADEM can help sheriffs acquire needed resources whether they come from neighboring jurisdictions, the Arkansas State Police, or the Arkansas National Guard. The definition of “emergency management” under Ark. Code. Ann. § 12-75103 includes law and order, rescue, and evacuation as functions essential to disaster or emergency preparedness, mitigation, response, recovery, and prevention by state and local governments. Ark. Code Ann. § 12-75-130 allows county sheriffs to authorize and request retired law enforcement officers, including game wardens, to perform law enforcement functions during emergency situations.

Disasters do not care whether an official is the county judge or county clerk, republican or democrat, or if it’s the first day on the job or the last, they can and will occur without notice. Every county benefits when their elected leaders are prepared to handle any disaster. Whether it is fine tuning the Continuity of Operations plan, acquiring updated knowledge of NIMS, or learning the federal guidelines for procurement, the more prepared and ready county officials are to deal with a disaster, the quicker they can overcome it.

Civil offices ute is truly creating a ‘civil office’ or is merely imposing additional duties on the elected official in question. One of the appointments you asked about — a county clerk’s service as secretary of his or her county’s property tax assessment equalization board — is exemplary of this distinction. According to state law, ‘[t]he county clerk or his or her designee shall serve as secretary of the county equalization board of his or her county and shall keep a complete and accurate journal of its proceedings and perform such other duties as may be by law required by the county equalization board.’ Other responsibilities of the clerk to a county equalization board

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include the taking and filing of oaths by the board members and keeping the Assessment Coordination Department apprised of the names and addresses of the board members. From this description of what the county clerk is charged with by statute, we can see that serving as the secretary of the county equalization board has few, if any, of the indicia described above to be a ‘civil office’ for the clerk. Instead, it appears more likely that legislature has simply added duties for the county clerk along with those already prescribed by law.”

“With respect to the list of 18 other boards or commissions you have asked about, I must respectfully decline to

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address each one of those individually. However, the foregoing discussion should greatly assist in the analysis of many of the boards and commissions you have inquired about and that are created pursuant to and under the direction of state law. Some of the boards or commissions you mention, though, appear to be for private or strictly local entities. I am unable to opine on these appointments, as the level of fact-finding necessary to determine their duties and authority is beyond the scope of an Attorney General’s opinion. A county’s attorney or other local counsel should be consulted in such cases.”

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AAC tests video phones in 4 counties

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Governmental

he Association of Arkansas Counties (AAC) Montgomery said, “The use of the Affairs developed the AAC Risk Management Fund video phones is proving to be not (AACRMF) in 1986. Fifty-one counties currently only a time and money saving use participate in the program, which is completely of technology, [but] it also is providself-funded and self-administered. The AACRMF is not insur- ing greater safety to our officers and ance but rather a fund through which counties acting coopera- courtroom personnel. Reducing cost tively through their association can: Manage their risk through and reducing liabilities to the coungood loss control practices and obtain the protection needed ties — it’s a win-win for everyone.” without paying for protection actually not needed.

Attorney Randall Rudisill with the The AAC is constantly looking for ways to limit the coun- public defender’s office in Jackson ties’ liability and save them money. An issue the AACRMF County also praises the technology.

Josh Curtis has recently addressed is the inefficiency involved in transport“With the completion of our new Governmental Affairs ing prisoners from the county jail to prisons and courtrooms. jail here in Jackson County, the Director There is no need for a sheriff’s deputy to, for example, drive VAB has allowed me to eliminate an four hours across the state so an inmate can spend 15 minutes approximately 15-mile round trip in a courtroom for arraignment. Likewise, there is no need for each jail visit. I simply utilize my for the Arkansas Department of Corrections (ADC) or the video phone from the comfort of my office,” he said. “This Arkansas Department of Community Corrections (ADCC) to allows me to spend more time dealing with case files and less prepare an inmate for transport. The liability for counties and time traveling to and from jail and waiting on jailers to secure the state increases every time an inmate is transferred out of a inmates for visitation. Simply, the VAB allows me to perform prison to a courtroom — and public safety decreases. my duties much more efficiently. This efficiency allows me to Some counties have a video arraignment system that con- make contact with clients more frequently.” nects the jail and the courtroom. The AACRMF, in partnerAmy Fecher, Gov. Asa Hutchinson’s chief transformation ship with Keystone Solutions, built upon this concept and de- officer, said, “One of the main goals of the Office of Transveloped an encrypted Video Arraignment Bridge (VAB) that formation is to find ways through technology to simplify state now connects the jail, the courtroom and state correctional processes and save money. The Video Arraignment Bridge facilities. The Arraignment Bridge is one of the most secure seems to be accomplishing this in the … pilot program, and I networks on the market. applaud the AACRMF for trying new innovative approaches.”

Our high-tech jail phone is the cornerstone for the pilot The AACRMF looks forward to expanding this program to program. The jail phone enclosure is an 18-by-18-by-8 van- all member counties across the state. We are in the process dal-proof enclosure equipped with a 15-inch color screen that of developing ways to roll out a strategic plan for statewide is shatterproof. A small computer located inside the enclosure implementation. Stay tuned for further details. powers the phone, which can be either wall mounted or attached to a cart for mobility.

Data and power sources are enclosed in conduit to prevent tampering. Finally, a high-resolution camera protected by Plexiglass prevents unauthorized entry to the enclosure.

AAC and the ADC identified seven prisons where jail phones have been installed at no cost to the state. Four counties — Baxter, Cross, Jackson and Sebastian — are participating in the pilot program. We have equipped each of these counties with one jail phone each, as well as video phones for the judges and attorneys in the courtroom. ADCC also is participating in the pilot, using the video phones for parole hearings.

The program is receiving rave reviews from Above: Jackson County Sheriff David Lucas speaks to an inmate via video all parties, and we already have several requests phone, which is installed on the desk in his office. Jackson County is one of four counties to participate in the AACRMF Arraignment Bridge pilot program. for expansion. Baxter County Sheriff John 22

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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.

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The underlying complexities beneath an ostensible no-brainer: internet sales tax

Legal Corner

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-commerce sales as a percentage of total retail sales kota that states could not mandate have nearly tripled over the past decade (jumping that retailers without an in-state from 3.1 percent in 2006 to 8.3 percent in 2016), physical presence collect and remit so it is no surprise that states and local governments sales taxes. Why, then, are so many are looking to get their fair share of that tax revenue. That is states passing laws that are clearly LINDSEY BAILEY nearly one-tenth of retail sales that are not being collected in contradictory to existing Supreme General Counsel most states, including Arkansas. Some argue that the effect on Court case law, and therefore, unthe local economy is actually further amplified, because people constitutional? The goals are twoare shopping with out-of-state online retailers instead of going fold: first, to get companies to voluntarily collect sales taxes, to their local store down the road where they have to pay sales like Amazon began collecting in Arkansas earlier this year; taxes, effectively taking money from local businesses. and second, to get another case back before the U.S. Supreme Others argue this position is a stretch, but consider middle- Court for its review and potential overruling of Quill. class young adult, Jane Doe, who bought a TV from an online Quill may in fact be ripe for reversal by the nation’s highest Black Friday sale. With free court. In a 2015 concurring shipping and no sales tax, opinion in Direct Marketing Jane saved over $50 buying Association v. Brohl, Justice ost of the election issues legislators that set online rather than Anthony Kennedy wrote, going down to the local “It is unwise to delay any brought before the General Assembly brick-and-mortar store. The longer a reconsideration purchase was a risk — had of the court’s holding in were not new or unique, but rather revisited there been an issue with the Quill,” due to both “the draTV, returning it would have matic technological and socommon, recurring issues of past sessions. been much more complicatcial changes ... in our intered than if Jane had bought connected economy” as well it locally. However, to Jane, as a “startling revenue shortthe savings was worth it. Jane saved another $15 on sales tax fall in many states.” Additionally, the Court’s newest justice, by buying the accompanying sound system online as well. Neil Gorsuch, a former clerk for Justice Kennedy, wrote in a Rugs, furniture, artwork — you name it — Jane has bought it concurring opinion while seated on the Tenth Circuit Court online to avoid hundreds of dollars in sales tax. of Appeals that while the Tenth Circuit was “duty bound to Recognizing the potential missed sales tax revenues, states follow” Quill’s physical presence rule, Quill itself may have across the country have passed legislation to collect sales tax “attached a sort of expiration date” and “encourage[ed] states on out-of-state e-commerce sales, particularly from businesses over time to find ways of achieving comparable results [(sales that perform enough transactions within the state to create and use tax collection of e-commerce vendors)] through difan “economic nexus” that would make taxation appropri- ferent means.” ate. Most states’ “economic nexus” bills involve out-of-state South Dakota, Alabama, and Tennessee are at least three states e-commerce vendors who either receive a certain amount of with lawsuits pending intended to solicit U.S. Supreme Court revenues from within the state (anywhere from $100,000 to review. Absent this review, and at least some distinction or de$250,000) or carry out a certain number of transactions with parture from Quill, the states will have to rely on the U.S. Concustomers within the state, usually around 200. gress, which has a long, complex history of defeating similar legMultiple bills were presented in the Arkansas General As- islation, to act. The Senate passed a version of the Marketplace sembly’s 2017 session, but none were successful.* These initia- Fairness Act in 2013, but the bill stalled in the House. Similar tives were defeated, in part, due to the opposition’s assertions bills were introduced in 2015 but also were unsuccessful. that these “economic nexus” bills are unconstitutional. In fact, Anticipating Supreme Court review, a group of 19 states in 1992 the U.S. Supreme Court ruled in Quill v. North Da- are participating in the Multistate Tax Commission’s National

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Nexus Program, offering retailers who do business in these states without a significant physical presence within the state to file a voluntary disclosure and agree to collect and remit sales taxes in one or several of these states going forward. In exchange for their voluntary disclosure, should the Quill rule be relaxed, whether by court ruling or legislation, those retailers who voluntarily filed disclosures in these states between August 17 and October 17 of this year would not be subject to taxes found to be owed from previous years, including all penalties and fees waived.

With federal congressional action unlikely anytime soon and the uncertainty of the U.S. Supreme Court review process, cities and counties in Arkansas have decided to take action. In conjunction with the Association of Arkansas Counties and the Arkansas Municipal League, several counties and cities

have passed local resolutions. The resolutions encourage Gov. Asa Hutchinson and the state legislature to pass legislation requiring out-of-state businesses with a significant e-commerce presence in Arkansas to collect and remit sales taxes, perhaps even calling a special session in order to do so. The Arkansas County Judges Association and the Arkansas Association of Quorum Courts also adopted similar resolutions after the 91st General Assembly failed to enact any of the proposed ecommerce sales tax bills. * It is currently required by Arkansas state law, passed in the 1940s, for Arkansas residents to report and pay a consumer use tax on purchases from out-of-state vendors. However, without any enforcement mechanism, very few residents actually report these sales on their income tax filings.

Crawford County cuts ribbon on new circuit clerk office

Crawford County Circuit Clerk Sharon BlountBaker and her staff broke out the red ribbon Aug. 21 for a ribbon-cutting ceremony and open house to commemorate their move to a new office, The office is in the former county jail (top left), located at 317 Main St., Van Buren, and has been remodeled to provide more space and an improved layout so staff and better serve residents.

Former Circuit Clerk Georgia Polk, pictured with Blount-Baker above, was a special guest, and Crawford County Judge Dennis Gilstrap (left) spoke at the open house. Other special guests (left to right) were former Circuit Clerk and state Rep. Rick Green, Polk, and state Rep. Charlene Fite and her husband, Tom Fite.

According to the Northwest Arkansas Times Record, the move to the jail has been under discussion since April 2014, and demolition on the old jail began in early February.

— Photos by Mark Whitmore COUNTY LINES, SUMMER 2017

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Role of the public servant: serve with excellence, a sense of humor

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he mother helping her son at home said, “Give me a sentence about a public servant.”

The boy wrote: “The fireman came down the ladder pregnant.”

The mother took her son aside to correct him.

“Don’t you know what pregnant means,” she asked.

“Sure,” said the boy confidently. “It means carrying a child.”

The boy may have been a little confused — but what is a public servant? The definition of a public servant is a person holding a government office or job by election or appointment; a person in public service. And public service is defined as a service provided or facilitated by the government for the general public’s convenience and benefit.

Public servants are employed by the government in the public sector — the part of the economy that is controlled by the government.

Taxpayers and public funds pay your salaries, which is why you are known as servants of the public. The duties of public servants are as diverse as the duties and responsibilities of the government.

It is the duty of all public servants to ensure the public’s money is spent as efficiently as possible and that programs and services are provided effectively. As an elected official you have learned or are learning the specific duties of your office. And that’s what you should do, but there’s more to public service than just knowing and doing the lawful functions of your particular office.

As professionals, public servants play a vital role in our society. True public servants are committed to the highest degrees of integrity. They are committed to deliver the best administration possible. They are committed to fair governance, to delivering high quality services, to a stewardship of government funds that will maximize cost-effectiveness and for accountability.

Public servants are committed to reflecting on their roles and responsibilities. They are committed to testing and measuring their values, their ethics, and their actions as they serve the government and the people.

Although no longer an elected official, I still consider myself a professional public servant. Public service is a high calling and without the real heart to serve your election or appointment to office will be more “job” than “service.”

Public service is a tough profession. You don’t always get treated right — but a good public servant will always treat others right. That’s one reason a good sense of humor comes in handy.

Grover Cleveland, the only man to serve two different times as U.S. President, said, “These are days of special perplexity and the path of public duty is unusually rugged.”

He was right. Public service is rough and rugged. But a good sense of humor helps get you and those around you through it, and much good is accomplished in the process of serving.

Only one sitting president in the Gridiron Club’s lifetime declined all invitations to club dinners — Grover Cleveland. I guess he knew a requirement for appearance and participation in a program of the Gridiron Club was a sense of humor. President 26

Seems To Me...

Cleveland lacked a sense of humor.

Considering his 1884 presidential campaign may have been the most bitter in American history up to that time makes his attitude almost understandable. But an effective public servant rolls with the punches.

A sense of humor would have made his service more enjoyable and, no Eddie A. Jones doubt, more accepted and profitable.

County Consultant President Ronald Reagan provided many good examples. Of course, he developed his poise and timing as an actor and speaker. He was a master at telling anecdotes to illustrate his arguments and was fond — even expert — at delivering one-liners. He once told a Gridiron audience, since he was given much grief over a burgeoning federal deficit, “I am not worried about the deficit. It is big enough to take care of itself.”

A sense of humor, especially self-deprecating humor, puts people at ease. It lets your constituents know you are human; you are just like them. A little laughter is lifesaving medicine. It’s good for all of us, especially in tough situations.

Let’s take a look at the role of the public servant and the use of humor while serving the people who elected you to office. The role of a public servant includes: 1. A strong commitment to personal integrity. To maintain and broaden public confidence, public servants are committed to perform all their responsibilities with the highest sense of integrity. Integrity includes: • Conscientiousness: The public servant is committed to exercising conscience in the defense of good government.

• Confidentiality: The public servant is committed to ensuring sensitive information is treated with discretion and responsibility in order to protect the privacy and security of the public and the efficiency of government.

• Fairness: The public servant exercises some level of discretionary authority in the daily course of activities but is committed to ensuring that discretion never results in discrimination — treating all members of the public with equality and fairness.

• Courage: The public servant is committed to exercising courage in the fulfillment of duties: the courage to take a position, to speak objectively, and to take responsibility.

2. A strong commitment to democratic governance. Public servants accept the obligation to act to serve the public interest through time; to promote public trust in the system; and to demonstrate commitment to professionalism. These are accomplished through: • Non-Partisanship: The true public servant is committed to working with the “government-of-the-day.” Once electCOUNTY LINES, SUMMER 2017

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ed or appointed, a true public servant is not a Democrat or Republican but a servant of the people to accomplish what is in the best interest of the people.

Providing Accountability: The public servant is committed to promote dialogue and engagement of the public and to report accurately, clearly and fully on the activities and duties of their office.

Public Interest: The public servant is committed to understanding the public interest as it is expressed through time and then fulfills the public interest by service.

3. A strong commitment to respectfulness. In carrying out your responsibilities as professionals, public servants must exercise sensitive professional and moral judgments in everything you do. The commitment to respectfulness is applicable to respectfulness with: • The elected: A good public servant is committed to serving the elected government and his/her elected cohorts with dignity and respect regardless of political party preference.

• The public: The public servant is committed to communicating with the public in a respectful manner that acknowledges they are the reason you became a public servant. The real public servant will make the experience of dealing with government as congenial, satisfying and constructive as possible.

• Colleagues: Public servants are committed to making the workplace a productive and healthy environment. Those who work for and with you and for other elected officials should be treated with respect, tolerance and courtesy.

4. A strong commitment to continual learning and innovation. The top-notch public servant is committed to monitoring the ever-changing work environment and to strive to continually improve competence and the quality of service. A public servant must continue to learn in order to: • Improve performance: The public servant is committed to the learning and innovation necessary to enhance the delivery of policy and service.

• Personal improvement: The best public servants are committed to a life-long pursuit of formal and informal education endeavors to elevate the overall quality of public service. Elected county officials in Arkansas have the opportunity to learn through their particular affiliate association; through continuing education programs established by law; and through seminars hosted by the Association of Arkansas Counties.

In addition to these things, the public servant must be committed to observing the highest ethical stands, to maintaining objectivity and to be free of conflicts of interest in discharging their professional responsibilities.

The life of the public servant is not easy. The road is not always smooth. You are not always treated fairly. Things said about you are not always true. It can be very stressful. That’s why it’s best lived and performed with a sense of humor.

Some of our presidents have had a good sense of humor. President Lyndon Johnson said, “If one morning I walked on top of COUNTY LINES, SUMMER 2017

the water across the Potomac River, the headline that afternoon would read, ‘President Can’t Swim.’”

President Abraham Lincoln said, “If I were two-faced, would I be wearing this one?” When someone asked President John F. Kennedy how he became a war hero, he said, “It was absolutely involuntary. They sank my boat.”

Whether you are the county judge, sheriff, county clerk, circuit clerk, county treasurer, county collector, assessor, coroner, justice of the peace, state legislator, or any other public servant, you have a specific function in government, and that function is important. The job should be performed with excellence in accordance with law and using the guidelines provided in this article.

But humor is also important in performing public service.

Government at all levels seems to be inherently complex — not that it always needs to be. John and Jane Q. Public have problems and responsibilities of their own. They don’t have time to fully study and understand all of the intricacies of county government.

As a learned public servant, it is your job to adequately summarize and get to the heart of a complicated but important question your constituent has. Humor can come in handy in this context.

People can identify with a leader who has a sense of humor.

We all want to be liked. Democrats and Republicans alike envied President Kennedy’s great ability to keep potentially tense or confrontational situations light. The benefit of humor as practiced by President Kennedy was obvious. Reporters love comments that provide good copy. Just one well-turned phase can give a reporter something to write about. A good public servant should not always be looking for a newspaper, radio or TV audience. Much of your humor will be in one-on-one situations.

Whether you use your humor as a public servant publicly or privately, use it as a tool to ingratiate your constituency.

Everyone’s brand of humor is based on his or her personality. President Harry Truman, with his quick and crusty manner, seemed to enjoy the give and take of pointed humor. By contrast, President Dwight Eisenhower maintained a more reserved, conservative posture when it came to engaging in any repartee.

More than likely his military background was responsible for his reserved public personality.

I tend to fall more in line with President Calvin Coolidge, who was known for few words and a dry wit.

One Sunday, Mrs. Coolidge was sick and stayed home from church. President Coolidge went to church by himself. When he returned home, his wife asked, “What did the minister preach about?”

The President replied, “Sin.” She asked, “What did he say about it?”

The President said, “He was against it.”

When I was in public office, my opponent and I were having a debate that was becoming heated. At one point he jumped up and asked, “What about the powerful interest that controls you?”

I politely stood up to the podium and retorted, “You leave my wife out of this!” Attendees, including my opponent, roared with laughter. The tenor of the situation changed. People were put at ease with a little humor and laughter.

Public service is a high calling. Serve honorably — but serve with a sense of humor. Humor makes the good times better. It makes the tough times easier.

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AAC holds first Guardian users’ forum

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he Association of Arkansas Counties Risk Management Fund (AACRMF) hosted on July 7 the first Guardian RFID Users’ Conference.

Ken Dalley, president and senior quality leader of Guardian, and Greg Piper, training and implementation specialist, shared their expertise with a large group of county law enforcement officials from across the state. We were thrilled to see our conference room filled with sheriffs, jail administrators, 911 coordinators, IT specialists, and a host of jail personnel of various ranks for this conference.

The Guardian RFID system is an inmate monitoring system for our county jails. It is a high-tech, user-friendly way to monitor and document everything that an inmate does in real time. Jail personnel can monitor with ease where prisoners are; what they are doing; whether they have had meals, medications, cell checks and mail; and a host of other things. The documentation piece provides protection for counties in case of litigation.

The National Sheriffs’ Association has endorsed the system: “Radio frequency identification (RFID) is a technology that can help corrections professionals work faster, smarter, and more defensibly. When combined with deep correctional expertise and best practices, jails, prisons, and juvenile detention facilities can achieve whole new levels of automation with real-time inmate management and monitoring capabilities. That’s why Guardian RFID is the definitive leader in correctional RFID technologies.”

The AACRMF User’s Conference provided attendees with the most current information about the Guardian system. Law enforcement and jail staff heard new ideas about how to customize their systems to meet their specific

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needs. Furthermore, they also Wallet & waistline were able to share with the Guardian staff ideas for making the system better. Ken and Greg were excited to receive the Arkansas feedback and input.

They plan to implement many of the suggestions made during the conference. A good conference is one during which an attendee can receive useful information, Becky Comet share his or her ideas on how to AAC Member improve something, and feel like Benefits Manager the speakers are hearing their suggestions.

For counties that are members of AACRMF, the Guardian system is a free benefit. And that’s not the only benefit of AACRMF membership. Member counties receive free codification of their county ordinances — a process that by law must be completed every five years. Metro Disaster Specialists also makes available to member counties their Peace of Mind (P.O.M.) program for emergency claim services. Finally, AACRMF has partnered with National Medtest to provide free drug testing for member counties’ CDL drivers.

If you are an AACRMF member and have questions about any of these benefits, please contact me. If you are not a member of AACRMF and would like to have more information about this service, please also contact me. My phone number is (501) 372-7550; my email address is bcomet@arcounties.org.

Above: The July 7 Guardian RFID Users’ Conference attracted a large group of county law enforcement officials, jail personnel, 911 coordinators and others.

Right: Guaridan RFID President Ken Dalley describes the jail monitoring system.

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Online database of codified ordinances coming for RMF counties

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ssociation of Arkansas Counties Risk Management Services (AACRMS) is excited to announce the next phase in our codification project is going live this fall. Ark. Code Ann. § 14-14-903(d) provides that at five-year intervals county ordinances of a general and permanent nature should be compiled into a uniform code and published. The AACRMS offers as a free service to Risk Management Fund (RMF) member counties codification of county ordinances, as well as the periodic updates. To date, 44 member counties have been codified, with another four in the works.

Now that codification has been completed for the majority of our RMF member counties, we are ready to move forward with the next phase of this project —a searchable database of all the codified county ordinances. This database will be available to RMF member counties on the AAC website by the end of the year. RMF members will be able to log into the Member Benefits section of the website and search for ordinances in all the county codes. They also will have the option to limit their search to a single county. The code will be searchable both by table of contents, which will be organized by topic, and by keyword.

We anticipate this will be a much-used tool by RMF member counties. I often see emails from county officials on the various listservs asking other counties for copies of ordinances on specific topics. Our new online tool would allow member counties to search the database anytime for ordinances across the state.

Legal Update

As many county clerks around the state know, we have been working diligently over the past couple of months to update our data to include scanned images of the most recent ordinances passed since the initial codification. I would like to thank you all for your help in getting this informa- Brandy McAllister tion together. This has enabled us Risk Management Legal Counsel to complete one of the most exciting features of the online codification service, and very soon you will see the fruits of your efforts in action.

One of the greatest features of the online codification service is the link to a PDF of the original ordinance. In each code section, there is a legislative history that reflects the original ordinance, as well as subsequent amendments and repealers that apply to the code section. Members will be able to look at the legislative history of each code section, and each ordinance referenced will be a hyperlink. When you click on this link it will open a web page that is a PDF scanned image of the original passed ordinance.

I have spoken to some of our counties about the new online codification service over the past few months, and everyone has expressed excitement about the launch. We will send out more information in the months to come as we work to get the first 44 counties on the website.

Online

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

@75arcounties

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He’s No Cowboy

New litigation counsel brings sense of humor, years of legal experience to AAC. Story and Photo by Christy L. Smith AAC Communications Director

Colin Jorgensen joined the AAC staff as litigation counsel in June. He brings years of experience as an attorney in the Arkansas Attorney General’s civil litigation department.

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irst things first: Let’s address the cowboy hat. After all, it is an attention grabber. However, it’s no indication that AAC’s new litigation counsel, Colin Jorgensen, is a cowboy, either literally or figuratively.

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He’s very much a city boy — and a man who follows the letter of the law.

“It was a gift from my wife,” Jorgensen said when asked about the hat.

He and his wife of eight years, Eve, were fans of the television series “Justified.”

“There was a character named Raylin Givens who was a U.S. Marshal in that show,” Jorgensen said. “He always wore a Stetson hat, which looks remarkably like the one I have. I always commented on it jokingly because I am not a cowboy or a U.S. Marshal.”

Yet, Jorgensen said, his wife bought him the hat for his birthday last year.

“It’s pretty awesome. I like it, and so I wear it,” Jorgensen said. “I do have a pair of boots, also a gift from my wife. I don’t have a gun or a horse or a badge or anything else. It’s just a fun prop.”

And his response to questions about the hat is a good indicator of the sense of humor Jorgensen brought with him to the AAC when he joined the staff on June 12, 2017.

“It’s OK to tell jokes,” Jorgensen said of the AAC office. “Thank goodness because I would not fit in otherwise.”

Jorgensen was born in Texas and lived in Missouri for a short time. His parents — his father is an engineer, and his mother is a registered nurse — moved to Little Rock when Jorgensen was 7. He graduated from Little Rock Central High School before attending the University of Oklahoma at Norman, where he earned degrees in political science and philosophy.

He says he never considered becoming a lawyer until, as a college student, he realized his liberal arts degrees were “not conducive to finding gainful employment.” So he went to the University of Michigan to earn a law degree.

Jorgensen’s first job out of college was as an associate at Wright Lindsey Jennings in Little Rock. After two years he took a job in the civil litigation department of the Arkansas Attorney General’s office. Over the course of 10 years, he COUNTY LINES, SUMMER 2017

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rose from assistant attorney general to senior assistant attorney general.

Then AAC Executive Director Chris Villines convinced Jorgensen to make a move to county government.

“To have brought someone with Colin’s experience into the county government fold is a huge victory,” Villines said. “He has a depth of legal experience that is extremely valuable, and he matches that with a personality that is warm and welcoming — the counties of Arkansas all just got better because he has joined our team.”

As litigation counsel for the AAC, Jorgensen said he is “working on defending counties and county officials in state and federal court in civil lawsuits.”

“I’m doing other things, too,” Jorgensen said, noting that he has been working on research projects, attending continuing education conferences to meet county officials and updating the AAC personnel policy. Like other attorneys in the office, he focuses his time on “whatever the issue of the day may be.”

Jorgensen said in his short time at the AAC he has noticed “we have many, many deep and meaningful longstanding relationships with all sorts of county officials and entities, and a lot of what we do is driven by that.

“There’s a lot of personal relationships between and among the people outside this office and the people inside this office, and that is important,” he said. The county officials he’s had an opportunity to speak to “clearly very much value and trust our opinion, our assistance and knowledge.

“I want to get up to speed quickly so I can contribute to that,” he said.

Jorgensen and his wife have two children — Hank, 6, and Suzy, 3. He enjoys exercising, reading and playing fantasy baseball, but candle making is Jorgensen’s primary hobby. He has a shop where he makes 4-inch candles to give away as gifts or to donate to charity auctions. He also coaches his son’s baseball team.

“Mostly I do family at this point,” Jorgensen said. “Kids pretty much take the vast majority of my spare time.”

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More about Colin Jorgensen Family information: My wife Eve Gieringer Jorgensen and I married on Valentine’s Day 2009. We have two children: Hank, 6 going on 7, and Suzy, 3 going on 13 or 30 depending on the day. They are everything to us.

Eve and I both are from Little Rock, and our parents live in town, so we all get lots of quality time with Hank and Suzy’s grandparents, and we are fortunate to have a wonderful village.

My favorite meal: Nachos. I’ve perfected them.

When I’m not working I’m: Spending time with family, mentoring, making candles, following news and baseball, exercising and spending more time with family.

The accomplishment of which I am most proud: Glory days accomplishments include winning the 3-point shootout when I was a sophomore and being the captain of the state champion debate team as a senior at Little Rock Central High School. Professional accomplishments include handling many high-profile state constitutional challenges in trial courts and at the Arkansas Supreme Court and Eighth Circuit, including about 20 oral arguments. Personal accomplishments include a happy marriage, countless friendships, over six years of (mostly) successful parenting, mentoring many wonderful folks, and volunteering with Big Brothers Big Sisters, the Wolfe Street Foundation and Arkansas JLAP. The hardest thing I have ever done: Change. Every time — so hard. But it’s necessary and good (every time, so far).

At the top of my bucket list is to: Live each day well. My wife is an expert at planning the future, including adventure, so I defer to her for more traditional bucket list items.

You might be surprised to learn that: I was on the Today Show in the summer of 1999. I was studying abroad in Puebla, Mexico, during a 6.7 magnitude earthquake. In the chaotic streets after the tremor, I saw a cameraman and reporter — I hollered “Are you looking for someone who speaks English?” I promptly had a microphone in my face and friends back home say I had my 15 seconds of national fame, but I never saw it.

My pet peeve is: I sometimes argue with myself, but I’ve gotten better about it, and I continue to work on it. My wife is the only person who catches me midargument, so it’s not a big problem, but it does make me feel peevish.

Motto or favorite quote: I strive for integrity and gratitude in all of my affairs. I’m fond of the Serenity Prayer and the Prayer of St. Francis. I have many favorite quotes — my first favorite was from Aristotle: “No one would choose a friendless existence on condition of having all the other good things in the world.”

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AAC names 2017 scholarship recipients Biology, engineering and business are among their fields of study

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he Association of Arkansas Counties recently announced its 2017 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.

Noah Worley • Noah Worley – Noah is a 2017 graduate of Harmony Grove High School in Camden.

He is the grandson of retired Bradley County Circuit Clerk 32

Logan Ingram

Baylee Phillips

Cathy Richardson. He will attend Ouachita Baptist University in Arkadelphia where he plans to study biology.

is the second year she has been awarded an AAC scholarship.

She will continue her studies in biomedical engineering at the University of Arkansas.

• Logan Ingram – Logan is a 2017 graduate of Pocahontas High School and is the son of Randolph County Assessor Stacy Ingram.

He will attend Missouri University of Science and Technology where he will study geological engineering.

Meagan Renee Davidian • Meagan Renee Davidian – Meagan is the daughter of Waynette Davidian, who works in the Washington County collector’s office. This

Jacklynn Minton

• Baylee Phillips – The daughter of Jackson County Judge Jeff Phillips and a 2017 graduate of Newport High School. She will attend Arkansas State University at Jonesboro where she will study medical technology.

clerk’s office. He will study chemical engineering at the University of Arkansas.

• Jacklynn Minton – Jacklynn is a 2017 graduate of Mena High School. She is the daughter of Tammie Minton, an employee in the Polk County sheriff’s office.

Jacklynn plans to attend Ouachita Baptist Univeristy and seek a degree in business management.

Reid Chandler Eakin

Matt Baker

• Reid Chandler Eakin – Reid, a 2017 graduate of Wynne High School, is the son of Mary Beth Eakin, who works in the Cross County

• Matt Baker – Matt is a 2017 graduate of Centerpoint High School. He is the son of Pike County Justice of the Peace Paul Baker and the

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grandson of retired County Judge Don Baker. Matt will seek a bachelor’s degree at Arkansas Tech University.

• Kaitlyn Dahlke – Kaitlyn, the granddaughter of Hot Spring County Treasurer Mary Cansler, is a junior at Henderson State University where she is working toward a bachelor’s degree in nursing. This is the fourth year Kaitlyn has received an AAC scholarship • Cole Armer – Cole, a 2017 graduate of Green Forest High School, is the son of Nicole Armer, an employee in the Carroll County collector’s office. He plans to study wildlife conservation at Missouri State University in Springfield.

Cole, a guitar and mandolin instructor, is this year’s recipient of the Matt Morris Scholarship. The scholarship was established following

Kaitlyn Dahlke

Cole Armer

the death in 1999 of Matt Morris. Matt was the son of Searcy Mayor David Morris, 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 sports involvement or by helping others.

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• Shawna Marie Martin – Shawna is a freshman at Arkansas State University majoring in strategic communications. She is the great-granddaughter of Laurel Don Reed, who works in the Baxter County road and bridge department.

Shawna Marie Martin Shawna is the recipient of the Randy Kemp Memorial Scholarship. Randy was AAC communications director from 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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Counties left in the dark when 911 fails

County first responders to FCC, cell companies: Tell us when 911 goes out Story by Mary Ann Barton Senior Staff Writer, National Association of Counties

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he Federal Communications Commission (FCC) is investigating an AT&T 911 outage March 8 that left counties across 13 states scrambling to get the word out to residents and deal with emergencies after the company failed to notify local governments or its customers in a timely manner.

FCC Chairman Ajit Pai spoke with the company’s CEO the night of the outage and said he stressed to him the “urgent need to restore service and to communicate with first responders, as well as AT&T customers, about the status of operations.”

“I’m glad to see the FCC is looking into this issue,” said Orange County, Fla., Mayor Teresa Jacobs, who has aired her concerns in a letter to the FCC and in a conference call with the agency.

Jacobs and other county officials hope to see that change.

“In addition to examining the actual malfunction of their system, I’d like to ask for a comprehensive review of AT&T’s failure to alert its customers and impacted public safety agencies in a timely fashion,” Jacobs wrote in her letter to the FCC.

Jacobs and other Orange County, Fla. officials held a conference call last month with the FCC about the 911 outage, to discuss the impact it had on the county, and walked family in Orange County, suffering a medithe agency through cal emergency, set off their home alarm after how they only found out about the outage nine failed attempts at calling 911. during an emergency and not from AT&T.

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In addition to Jacobs, officials in Colorado, Minnesota, Nebraska, New York, North Carolina, Pennsylvania, Texas and Washington, D.C., have also weighed in with their concerns in letters to the FCC. When the outage hit March 8, Orange County contacted AT&T and scrambled to get the word out to their residents, saturating the county with alternative emergency numbers via Twitter and crawls on local TV news stations.

The 911 outage not only put residents in danger, but tourists as well, Jacobs noted. Orange County’s population doubles when tourists hit the area looking for sun and fun and she notes it’s an “awesome responsibility” to protect them. “They need to know they’re arriving into a developed country,” she said.

When customers called 911 March 8, a few were helped by a backup system, but most — the FCC said 12,600 people tried to call — heard a busy signal or a ring that went unanswered across counties in California, Colorado, Florida, Maryland, New York, North Carolina, Pennsylvania, Tennessee, Texas, Virginia and Washington, D.C. and other states.

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There does not appear to be a system in place to hold companies responsible for contacting local governments when an outage occurs.

A family in Orange County, suffering a medical emergency, set off their home alarm in hopes of contacting emergency responders, after nine failed attempts at calling 911, county officials said.

“I’m not sure I would have had the presence of mind to set off that alarm,” Jacobs said.

The home alarm company contacted the Orange County Fire Department, which triggered a visit from Orange County Fire & Rescue Engineer Matthew West and Lt. Jeff Kelly. West and Kelly contacted the county at about 6 p.m. to let them know that 911 service was down. At the same time, one of Jacobs’ sons, who recently became a firefighter, called her to tell her 911 service was down.

Orange County tried to contact AT&T for more information. When they weren’t able to get in touch with the carrier, they made their own announcement and contacted the media to get the word out. Local TV stations ran the county’s message, a visual crawl that contained local emergency phone numbers to call.

The March 8 outage also hit the D.C. metro area. Local government officials worked to get the word out, just like COUNTY LINES, SUMMER 2017

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Orange County. Public information officers in Northern Virginia’s Arlington, Fairfax, Prince William counties, and in Maryland in Prince George’s County and Montgomery County, as well as D.C. officials, took to Twitter to get word out to area residents. Residents’ options included calling 911 using another cell carrier, using a landline or dialing a local phone number.

Orange County said that AT&T finally contacted them hours after the outage started — in an email with no contact information. AT&T tweeted out a message at 9:49 p.m. ET hours after the outage had started: “Aware of issue affecting some calls to 911 for wireless customers.

Working to resolve ASAP. We apologize to those affected.”

After the FCC began its investigation, AT&T and Comtech suggested that the FCC “and other interested 911 entities and/or trade associations join in pursuing a solution to the notification database management problem.” The companies say it’s problematic for them to try to contact hundreds or thousands of public safety officials.

Jacobs, in her letter to the FCC, wrote that wireless carriers should be held legally responsible for immediately notifying their customers and impacted public safety agencies.

She points out that if wireless carriers can send out messages

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letting customers know they’re about to reach their data limit, they can notify them when 911 service is out. “They have the tools at their disposal,” she noted.

In comments filed with the FCC as a result of the outage and investigation, AT&T said: “A best-practices approach could yield more effective notice procedures, while maintaining the flexibility that carriers and PSAPs need to address the varying circumstances that could develop in the wake of an outage.

“To further facilitate timely communications to consumers in the event of an outage, the Commission should also consider creating and maintaining a database of PSAP contacts for use by providers. A centralized, coordinated effort could provide for accurate and consistent points of contact across industry, and facilitate timely notification to consumers in the event of a 911-impacting outage.

Mary Ann Barton is a senior staff writer for County News and is returning to NACo after previously working at the association. She comes to NACo after covering local news for Patch.com in Northern Virginia.

This article originally was published April 28, 2017.

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Above: The 1932 Drew County Courthouse is located in Monticello, which was likely named for Thomas Jefferson’s home in Virginia.

Despite the economic upheaval of the Great Depression, Drew County voters approved construction of the project — and a tax to pay for it.

Surviving the Times Drew County Courthouse remains center of public life after history of adversity.

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

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ith a splendid courthouse erected during the depths of the Great Depression, Drew County’s seat of government stands today as a testament to the determination of the county’s residents to triumph over adversity, and the Arkansas Historic Preservation Program has worked with the county since 2000 to ensure it will remain a center of public life in Monticello.

Settlers came to Drew County around 1837, and court 36

proceedings were held in a village called Rough and Ready near modern-day Monticello; legends of feuds, fights and murder indicated it was aptly named. The county was formed from parts of Bradley and Arkansas counties in 1846 and was named for Thomas Stevenson Drew, who would be elected governor of Arkansas from 1844 to 1849. Drew County’s current boundaries were not solidified until 1873, when its boundary with Chicot County was finally settled.

When Drew County was formed, its people decided they needed a perhaps more respectable location for the county seat, and in 1849 Fountain C. and Polly Austin donated 83 acres for the town site, which was likely named for Thomas COUNTY LINES, SUMMER 2017

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Top left: The 1932 Drew County Courthouse, designed by Little Rock Architect H. Ray Burks, is three-and-one-half stories tall, with marble steps and steel railings that emulate the exterior metal work on the windows. (See top right photo.)

Jefferson’s home in Virginia. A wood-frame courthouse was erected in 1851 and apparently was soon outgrown, as a new and presumably larger frame courthouse was built in 185657. The original building is believed to have been moved to the west side of the courthouse square to be used as a law office by S.F. Arnett. In 1887 the building was leased by F.A. Lane, an evidently cantankerous tenant who refused the request by a Monticello bank to vacate the building so that it could use the lot. The bank simply confiscated the structure and moved it, with all of Lane’s belongings, across the square COUNTY LINES, SUMMER 2017

to Gaines Street.

By 1869 the Drew County Quorum Court decided that a new and more elaborate building was needed. A committee was appointed to oversee the project, and it hired the Jones and Baldwin architectural firm in Memphis to design the new building. They chose the elaborate Second Empire style as the design for the new building – a relatively scarce style in the state, the best-known example of which is Old Main at the University of Arkansas in Fayetteville. The cornerstone was laid amid elaborate ceremony on October 20, 1870, and L.W. Lisenby of Little Rock was hired to build the structure.

Construction was finished in May 1872, when the clock was installed on the soaring, Mansard-roofed tower that loomed 120 feet above downtown Monticello. The final project cost was $35,689. Though still structurally sound, the building was unfortunately demolished in 1933.

In 1931, County Judge W.E. Spencer issued an order during the April term of the quorum court for an election to consider building a new courthouse and to establish a tax to pay for it. Despite the economic upheaval caused by the Great Depression, the people of Drew County approved the project and tax in a May 16 election. A commission of men from Monticello, Tillar, Wilmar and Jerome was formed to oversee the project. They hired Little Rock architect H. Ray Burks, who also designed courthouses in Lonoke, Russellville and DeWitt. On September 16, 1931, contracts were issued for Hewitt and Russell of Little Rock to build the new courthouse, with Pfeifer Plumbing Company and Arkansas Electric Company of Little Rock handling the utilities.

With the 1872 courthouse still occupying the town square, the Advance Monticellonian reported that “after much careful consideration the commissioners decided on the beautiful lot known as Whittington Grove, about 2 blocks from Court Square on South Main Street.” The new courthouse was dedicated with appropriate fanfare on July 4, 1932, at a final See

“COURTHOUSE” on

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Left: A relief inside the Drew County Courthouse recognizes members of the 1932 building commission, as well as the architect, subcontractors and county judge who were responsible for getting the courthouse approved and built. Top right and bottom: The Art Deco courthouse is constructed of limestone and remains one of the most interesting courthouses in the state, with its stylized reliefs, massive Ionic pilasters, and symmetrical window treatment.

cost of $150,000.

Burks’ design for the new Drew County Courthouse is among the most interesting in the state. The massive three-and-one-half story limestone structure exhibits the vertical emphasis of the then-popular Art Deco style, which is augmented by the wroughtiron ironwork on the exterior and the stylized sunburst reliefs above the side entrances. But it also displays a Classical vocabulary seen in the massive Ionic pilasters and classical, symmetrical window treatment. The interior includes marble wainscoting and steps and steel railings that emulate the exterior metal work. Eighty-five years after its construction, the Drew County Courthouse continues — and will continue — to serve the needs of its residents.

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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 $22.9 million to 74 historic courthouses and courthouse annexes around the state for use in rehabilitating, preserving and protecting these important historic resources. Since 2000, Drew County has received eight grants totaling $682,818 for the Drew County Courthouse.

Arkansas Historic Preservation Program County Courthouse Restoration Grants awarded in Drew County FY2000 Replace screens, interior restoration $12,286 FY2005 Roof restoration $44,000 FY2006 Roof restoration $126,212 FY2007 Restore terrace and south entry $111,820 FY2009 Masonry restoration $135,000 FY2013 West facade stone restoration $80,000 FY2016 Masonry restoration and downspouts $91,000 FY2017 Electrical service upgrades $82,500 TOTAL: $682,818

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Pictured from left to right: Chicot County Judge Mack Ball, Phillips County Judge Clark Hall, Cleveland County Judge Gary Spears, Dallas County Judge Jimmy Jones, West Central Arkansas Planning and Development District Community Grant Specialist Darian Piper, Pike County Judge Dewight Mack, Pike County Treasurer Loletia Rather, Lawrence County Judge John Thomison, Jackson County Judge Jeff Phillips, Pike County Administrative Assistant Wendy Byers, Van Buren County Judge Roger Hooper and Polk County Judge Brandon Ellison.

Arkansas Historic Preservation Program awards courthouse restoration grants to 19 counties

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ineteen counties recently shared $1,562,946 in County Courthouse Restoration Grants, which are financed through Real Estate Transfer Tax funds distributed by the Arkansas Natural and Cultural Resources Council for rehabilitation of historic county courthouses across Arkansas. Funding requests totaled $4,618,440.

1936 courthouse in Malvern.

• Jackson County, $87,840 for masonry restoration at the 1892 courthouse in Newport.

• Lawrence County, $150,000 for roof restoration at the 1965-66 courthouse in Walnut Ridge.

• Lee County, $59,077 to improve lighting at the 1936 courthouse in Marianna.

• Logan County, $150,000 to restore the columns at the 1908 courthouse in Paris.

• Mississippi County, $50,000 to improve roof drainage at the 1912 courthouse in Osceola.

• Phillips County, $30,000 for a preservation plan for the 1914 courthouse in Helena-West Helena.

• Pike County, $125,000 for roof restoration and to stop flooding in the basement at the 1932 courthouse in Murfreesboro.

• Poinsett County, $81,813 for clock tower restoration and interior restoration at the 1917 courthouse in Harrisburg.

• Polk County, $34,240 for plaster restoration at the 1939 courthouse in Mena.

• Van Buren County, $12,500 for an electrical system assessment at the 1934 courthouse in Clinton.

County Courthouse Restoration Grant Recipients were: • Arkansas County, $16,513 for masonry, window, downspout and plaster restoration at the 1928 courthouse in Stuttgart.

• Chicot County, $86,963 for entrance step restoration at the 1956 courthouse in Lake Village.

• Cleveland County, $163,500 for roof, cornice and parapet restoration at the 1911 courthouse in Rison.

• Crittenden County, $98,000 for exterior painting at the 1910-11 courthouse at Marion.

• Dallas County, $10,000 for electrical upgrades at the 1911 courthouse in Fordyce.

• Drew County, $82,500 for updated electrical service at the 1932 courthouse in Monticello.

• Garland County, $100,000 for fire safety improvements at the 1905 Garland County Courthouse in Hot Springs.

• Greene County, $25,000 for window and wood restoraTo learn more about the AHPP’s County Courthouse Restion at the 1888 courthouse in Paragould. toration Grant program, visit www.arkansaspreservation.com/ • Hot Spring County, $200,000 for roof restoration at the Preservation-Services/county-courthouse-restoration-grants.

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60 plus golfers hit the green for annual tournament

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ore than 60 golfers teed off at the Country Club of Arkansas in Maumelle Aug. 8, 2017, to raise funds for the Randy Kemp Memorial Scholarship. Kemp was the AAC’s first communications director. He joined AAC in 2008 after a suc-

cessful career in newspapers. He died in a motorcycle accident in August 2011.

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.

Tournament Results

Golf Tournament Sponsors

First Flight Todd McGuire and Nick Grisham Max and Andy Tackett Phillip Carper and Kevin Sexton Second Flight Tom Scott and Mark Stobaugh Kade Holliday and Josh Longmire Kelly Beaty and Lukas McGhee Long Drive Winner Adam Ray

Ergon Ashphalt & Emulsions – Platinum Southeast Arkansas Regional Solid Waste Management Board – Platinum JCD Consulting ­– Gold Mullenix & Associates, LLC – Gold Arkansas Sheriffs’ Association – Silver Delta Mass Appraisal Services, Inc. – Silver National Medtest, Inc. – Silver 1st Arkansas Bail Bonds, Inc. – Silver DataScout, LLC – Silver

The 2017 Randy Kemp Memorial Scholarship was awarded to Shawna Marie Martin, great-granddaughter of Baxter County Road Department employee Laurel Don Reed.

AAC appreciates those who support the fund, the golfers and sponsors.

Hole Sponsors Arkansas CAMA Technology, Inc. Twisted Foods Eatery and Meal Prep Correct Solutions Group Coastal Energy Corp.

Putting Contest Winner Bob Ramsey Closest to the Pin Winner Bill Bradberry

Right: Dusty Welch swings for the green during the 19th Annual Randy Kemp Memorial Golf Tournament, which had a record high participation.

Above: AAC Executive Director Chris Villines and Attorney Mike Rainwater greet each other on the course.

Right: Craighead County Clerk Kade Holliday and Craighead County Justice of the Peace Josh Longmire are all smiles as they head to the golf course.

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Top Left: Golfers prep for putting before the tournament begins.

Top Right: Phillip Carper’s luck came in! He shows off a hat and golf balls he won from a drawing.

Middle Left: Andy Tackett is caught in mid-swing.

Above: Tommy and April Fisher, Chris Nichols and Devin Griggs take a team photo.

Left: AAC Governmental Affairs Director and tournament organizer Josh Curtis (left) welcomes golfers at the Country Club of Arkansas in Maumelle.

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49th Annual AAC Conference held in Little Rock

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ore than 700 county officials, employees, vendors and sponsors assembled at the The Statehouse Convention Center and the Marriott Hotel in Little Rock Aug. 9-11, 2017, for the 49th Annual AAC Conference. “Step Right Up to County Government” was the theme for this year’s conference.

Arkansas Attorney General Leslie Rutledge describes “Prescription for Life,” an intitiave to prevent prescription drug abuse among high school students.

U.S. Sen. John Boozman, a surprise speaker at the conference, thanks county officials for their tireless public service in their counties and in the state.

Above Top: Gov. Asa Hutchinson greets Chicot County Assessor Joe Dan Yee. AAC Executive Director Chris Villines (left) and Polk County Judge and AAC Board Secretary/Treasurer Brandon Ellison (center) accompany the governor as he makes his way to the ballroom.

Above: The Quorum Court Association’s executive board meets each year during the AAC conference. It is one of two meetings they hold each year.

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Comedian and inspirational speaker Glen Ward entertains attendees with impersonations of famous vocalists.

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Gov. Asa Hutchinson announces funding for crisis stabilization units in four counties — Craighead, Sebastian, Pulaski and Washington — and addresses recent flooding in several Arkansas counties.

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Miss Arkansas 2017 Maggie Benton sings the National Anthem on day one of the conference. Also pictured (from left to right) are AAC board member and Baxter County Sheriff John Montgomery, board member and Columbia County Clerk Sherry Bell, board member and Clark County Clerk Rhonda Cole, National Association of Counties 1st Vice President Greg Cox, AAC Board Vice President and Randolph County Circuit Clerk Debbie Wise, AAC Executive Director Chris Villines, Arkansas House of Representatives Chaplain Pastor Tim Noel, and board member and Greene County Treasurer Debbie Cross.

Thirty-one Arkansas counties received 2017 safety awards from the AAC Workers’ Compensation program. These awards were presented to county judges or their staff members. Pictured are (from left to right) Columbia County Judge Larry D. Atkinson, Yell County Judge Mark Thone, Benton County Judge Barry Moehring, Conway County Judge Jimmy Hart, Saline County Judge Jeff Arey, Clay County Judge Mike Patterson, Baxter County Judge Mickey D. Pendergrass, Lincoln County Judge Harry Densmore, Sevier County Judge Greg Ray, Perry County Judge Toby L. Davis, Arkansas County Judge Thomas “Eddie” Best, Stone County Judge Stacey Avey, Lafayette County Office of Emergency Management Coordinator Danny Ormand, and Van Buren County Judge Roger Hooper.

Awards also were given to Boone, Bradley, Calhoun, Craighead, Dallas, Garland, Greene, Jackson, Montgomery, Nevada, Poinsett, Pope, Prairie, Pulaski, St. Francis, Union, and White counties.

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Above: County offficials and others packed the room for the “Weeding out the Details of Cannabis Carnival” seminar. There to speak on how medical marijuana will be rolled out in Arkansas were (left to right) Arkansas state Rep. Douglas House, Director of Alcohol and Beverage Control Mary Robin Casteel, and Senior Counsel of Arkansas Department of Finance and administration Joel DiPippa.

Left: Conference-goers line up for King Kat catfish.

Above: Carroll County Tax Collector Kay Phillips-Brown asks Gov. Asa Hutchinson a question. Hutchinson answered many county government officials’ questions concerning topics such as new voting equipment and crisis stabilization units.

Several judges whose counties had experienced devastating flooding in the spring stood to thank the governor for his support during that time of crisis.

Right Middle: The County Clerks Association poses for a group photo in matching conference shirts.

Right: County assessors gather for a group photo, showing off their matching conference shirts.

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Associations typically gather for a group photo at conference. Pictured here are members of the Arkansas Circuit Clerks Association.

The National Association of Counties 1st Vice President Greg Cox addresses federal and national decisions that will impact county government during the conference’s opening general session Aug. 9.

County collectors show off their matching green conference shirts while posing for a photo during the Thursday evening dinner and dance.

Arkansas Department of Transportation Director Scott Bennett addresses justices of the peace during their Arkansas Association of Quroum Courts meeting.

County treasurers were easy to spot in their matching red conference t-shirts.

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Left: AAC Executive Director Chris Villines welcomes members of the Senate and House City, County & Local Affairs committees. As in past years, the committees met jointly at this year’s AAC conference. The legislators also received an update on coroner education, the opioid crisis and unclaimed bodies from Arkansas Coroners’ Association President Kevin Cleghorn, Pulaski CountyCoroner Gerone Hobbs, AAC Chief Counsel Mark Whitmore and Dr. William Mason, associate director for preparedness and science at the Arkansas Department of Health’s Center for Health Protection. In addition, AAC Governmental Relations Director Josh Curtis introduced the panel to a new video arraignment bridge project coordinated by the AAC with the Arkansas prison system, circuit judges, jails and Risk Managment member counties.

Right: As conference tradition dictates, retired Johnson County Judge and former AAC Board President Mike Jacobs, who now sits on the Johnson County quorum court, (center) leads attendees in the singing of “You are My Sunshine” on the last day. Joining him are (from left to right) County Judges’ Association of Arkansas President and Sebastian County Judge David Hudson, AAC Board Vice President and Randolph County Circuit Clerk Debbie Wise, AAC Executive Director Chris Villines, and AAC Board President and Clark County Treasurer Judy Beth Hutcherson.

Far Left: Saline County Coroner and Arkansas Coroners’ Association President Kevin Cleghorn and Pulaski County Coroner Gerone Hobbs are all smiles at the conference.

Left Middle: State Auditor Andrea Lea and Sen. Terry Rice stop to pose for a photograph together.

Visit the AAC Flickr page for more conference photos.

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Left: Spouses and other family members of county officials and employees went on an award-winning tour of the area to see historic landmarks and famous sites. One of their stops was the historic Old Mill in North Little Rock. The AAC typically hosts a Spouses’ Program during the annual conference.

Below: Perry County Treasurer Jan Moore concentrates on painting a door hanger, an activity led by The Painted Pig Art Studio. The door hangers had a fall football theme.

Early risers! A dedicated group of conference attendees woke up early Aug. 10 to hit the pavement for AAC’s annual Wellness Walk themed “For the Health of it!” Here, walkers pose for a photo on the newly reconstructed Broadway Bridge in downtown Little Rock. AAC Member Benefits Manager Becky Comet (far left) organized the walk.

Above: Pictured are Pike County officials (left to right) County Clerk Sandy Campbell, Circuit Clerk Sabrina Williams, Treasurer Loletia Rather and County 911 Coordinator Hesston Teel.

Left: Hempstead County was well represented at AAC’s 2017 conference. Here officials and staff gather for a group photo and show off their matching conference shirts.

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Left: Conference attendees register to win an Arkansas flag painting from Rainwater, Holt & Sexton in the exhibit hall. Right: County officials, employees and conference guests check out exhibitors’ booths. More than 120 exhibitors participated in this year’s conference.

Thank you to our 2017 Exhibitors and Sponsors!

AAC Risk Management Services 1415 West Third St. Little Rock, AR 72201 (501) 375-8805 arcounties.org ADEM/Federal Surplus Property 8700 Remount Rd. North Little Rock, AR 72118 (501) 683-6700 adem.arkansas.gov

Arkansas 529 College Investing Plan 1401 W. Capitol Ave., Ste. 275

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

Arkansas Attorney General 323 Center St., Ste. 200 Little Rock, AR 72201 (501) 682-6072 arkansasAG.gov Arkansas Auditor of State State Capitol Building Rm. 230 Little Rock, AR 72201 (501) 682-6030 auditor.ar.gov

AEP-SWEPCO 400 W. Capitol, Ste. 1610 Little Rock, AR 72201 (501) 379-1127 aep.com swepco.com

Arkansas Blue Cross and Blue Shield 320 W Capitol-2UCC Little Rock, AR 72202 501-378-2131 arkansasbluecross.com

American Stamp & Marking Products, Inc. 500 Fee Fee Rd.

Arkansas Broadcasters Association 2024 Arkansas Valley Dr. Ste. 403 Little Rock, AR 72212 (501) 227-7564 arkbroadcasters.org

Maryland Heights, MO 63043

(800) 872-7840 americanstamp.com Apprentice Information Systems, Inc. 900 N. Dixieland, Ste. 102 Rogers, AR 72756 (479) 631-8054 apprenticeis.com

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(501) 771-2985 arcamatech.com

Arkansas CAMA Technology, Inc. 2900 Percy Machin, Ste. 1 North Little Rock, AR 72114

Arkansas Commissioner of State Lands 109 State Capitol Building Little Rock, AR 72201 (501) 683-3031 cosl.org Arkansas Correctional Industries 2403 East Harding St. Pine Bluff, AR 71601 (870) 489-4255 acicatalog.com Arkansas Democratic Party 1300 W. Capitol Little Rock, AR 72201 (501) 374-3387 arkdems.org Arkansas Department of Environmental Quality 5301 Northshore Dr. North Little Rock, AR 72118 (501) 682-0609 adeq.state.ar.us Arkansas Economic Development Comm.

900 W. Capitol Ave., Ste. 400 Little Rock, AR 72201 (501) 382-7325 arkansasedc.com Arkansas Electric Cooperatives, Inc.

P.O. Box 194208 Little Rock, AR 72219 (501) 570-2200 aecc.com Arkansas Farm Bureau Federation P.O. Box 31 Little Rock, AR 72203 (501) 224-4400 arfb.com Arkansas Natural Resources Commission 101 East Capitol, Ste. 350 Little Rock, AR 72201 (501) 382-0547 anrc.arkansas.gov AT&T 1111 W. Capitol, Rm 1096 Little Rock, AR 72201 (501) 373-8084 att.com BHC Insurance 1626 Empire St. Lowell, AR 72745 (479) 878-5042 bhca.com BIS Digital, Inc. 1350 NE 56th St., Ste. 300 Fort Lauderdale, FL 33334 (800) 834-7674 bisdigital.com Coastal Energy Corp.

P.O. Box 218 Willow Springs, MO 65793 (870) 321-3127

coastal-fmc.com Crews & Associates 521 President Clinton Ave., Ste. 800 Little Rock, AR 72201 (501) 978-7953 crewsfs.com Curtis Stout 2400 Cantrell Rd. Little Rock, AR 72202 (501) 372-2555 chstout.com DataScout, LLC 1953 N. Green Acres Rd. Fayetteville, AR 72703 (479) 521-5607 datascoutpro.com Delta Mass Appraisal Services, Inc. P.O. Box 504 England, AR 72046 (501) 803-0500 Department of Information Systems One Capitol Mall Little Rock, AR 72201 (501) 682-2701 dis.arkansas.gov DHS Div. of Aging & Adult Services 700 Main St. P.O. Box 1437 Little Rock, AR 72203 (501) 320-6012 daas.ar.gov

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Diversified Companies, LLC 3721 Powers Court Chattanooga, TN 37416 (423) 693-3554 divcompanies.com Duro-Last Roofing, Inc. 4429 E 46th St., Ste. 13 North Little Rock, AR 72117 (501) 850-4966 duro-last.com EFSGeoTechnologies 360 Airport Rd. Monticello, AR 71657 (870) 460-9994 efsgeotech.com Employer Support of the Guard & Reserves Camp Robinson, Box 27 North Little Rock, AR 72199 (501) 212-4018 esgr.org Fidlar Technologies 350 Research Parkway Davenport, IA 52806 (563) 345-1200 fidlar.com Financial Intelligence 124 W. Capitol Ave., Ste. 876 Little Rock, AR 72201 (501) 276-4213 financial-intel.com First National Bankers Bank 325 W. Capitol, Ste. 300 Little Rock, AR 72201 (501) 371-0535 bankers-bank.com First Step Pavement Management 4772 W. Plymouth Rock Pl. Fayetteville, AR 72704 (479) 422-7687 greenbergfarrow.com Friday, Eldredge & Clark Law Firm 400 West Capitol Ave. Little Rock, AR 72201 (501) 370-1517 fridayfirm.com GeoConex Corporation 6923 Maynardville Pk., PMB

#109 Knoxville, TN 37918 (865) 686-0411 geoconex.com Guardian RFID 12805 Hwy. 55, Ste. 202 Plymouth, MN 55441 (855) 777-7343 guardianrfid.com Homeland Safety Systems, Inc. 724 W. 61st St. Shreveport, LA 71106 (318) 423-3599 homelandsafetysystems.com Information Network of Arkansas 425 W. Capitol, Ste. 1620 Little Rock, AR 72201 (501) 324-8908 ina.arkansas.gov JTS Financial 415 N. McKinley, Ste. 305 Little Rock, AR 72205 (501) 227-0194 jtsfs.com Justice Solutions 316 Lamar Blvd.

Austin, TX 78703 (615) 519-6321 justicesolutions.com Keep Arkansas Beautiful Commission One Capitol Mall, Ste. 4A-007 Little Rock, AR 72201 (501) 682-3507 keeparkansasbeautiful.com Keystone Solutions 7 Chamblee Circle Batesville, AR 72501 (870) 614-0673 keystonedatatech.com Liberty National Life Insurance Company 15 Shackleford Dr., Ste. G Little Rock, AR 72211 (501) 225-5556 libertynational.com Mail Communications Group 9051 Watson Rd., Ste. 256

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St. Louis, MO 63128 (314) 920-8890 mailcommunicationsgroup.com

Mid-Continental Restoration Company, Inc. 401 E. Hudson St. Fort Scott, KS 66701 (620) 223-3700 midcontinental.com Moore Equipment Co. 447 Locust St. Chillicothe, MO 64601 (800) 467-3370 mooreequipment.com National Association of Counties 25 Massachusetts Ave., NW Washington, DC 20001 (202) 393-6226 naco.org National Medtest, Inc. 601 Southwest Dr. Jonesboro, AR 72401 (870) 931-1993 nationalmedtest.com Nationwide Retirement Solutions 480 Willow Run Prosper, TX 75078 (877) 677-3678 nationwide.com nForm Architecture 312 W. Commercial St. Springfield, MO 65803 (417) 894-4428 nformarc.com Potlatch Corporation P.O. Box 390 Warren, AR 71671 (870) 226-1177 potlatchcorp.com Primerica 1901 Main St. N. Little Rock, AR 72114 (479) 209-7963 primerica.com Rainwater, Holt & Sexton, PA 6315 Ranch Dr. Little Rock, AR 72223 (501) 868-2500 callrainwater.com

Raymond James 100 Morgan Keegan Dr., Ste. 200 Little Rock, AR 72202 (501) 666-1566 raymondjames.com Rhodes, Lauck & Associates P.O. Box 1536 Searcy, AR 72145 (501) 207-1522 rhodeslauck.com Ryburn Law Firm 10825 Financial Centre Pkwy, St. 136 Little Rock, AR 72211 (501) 228-8100 Southern Health Partners 2030 Hamilton Place, 140 Chattanooga, TN 37421 (888) 231-2890 southernhealthpartners.com Southern Tire Mart 529 Industrial Park Rd. Columbia, MS 39429 (877) 786-4681 stmtires.com Southwest EAP 415 N. McKinley St., Ste. 520 Little Rock, AR 72205 (501) 663-1797 southwesteap.com Southwest Solutions Group, Inc. 2535-B.E. State Hwy. 121, Ste. 110 Lewisville, TX 75056 (214) 442-9780 southwestsolutions.com Stephens, Inc. 111 Center St. Little Rock, AR 72201 (800) 643-9691 stephens.com Sutterfield Technologies, LLC

1206 N. Hwy. 81, Ste. 26B Duncan, OK 73533 (580) 786-4390 sutterfieldtechnologies.com Systemedic Corporation 10809 Executive Ctr, Ste. 105

Little Rock, AR 72211 (501) 227-5553 systemedic.com TaxPRO 124 West Capitol, Ste. 876 Little Rock, AR 72201 (501) 246-8060 gowithtaxpro.com TIPS 4845 US Hwy. 271 N. Pittsburg, TX 75686 (866) 839-8477 reg8.net Total Assessment Solutions Corp.

P.O. Box 499 Glenwood, AR 71943 (870) 356-4511 totalassessments.com Turnkey Health 400 W. Captiol Ave., Ste. 1700 Little Rock, AR 72201 (870) 391-6555 turnkeyhealth.com UA Division of Agriculture Research and Extension 2301 S. University Ave. Little Rock, AR 72201 (501) 371-2299 uaex.edu U.S. Census Bureau and Arkansas Secretary of State 500 Woodland St., Ste. 256 Little Rock, AR 72201 (501) 382-3401 census.gov/geo Univo Data/TPX 10515 W. Markham St. Ste. H4 Little Rock, AR 72205 (501) 208-6198 univodata.com USDA Rural Development 700 W. Capitol Ave., Room 3416 Little Rock, AR 72201 (501) 301-3265 rd.usda.gov Waste Pro 2101 W. SR 434 Ste. 315 Longwood, FL 32779 (407) 869-8800 wasteprousa.com

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AAC

Family & Friends

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AAC holds July 18 marijuana in the workplace seminar Top right: State Rep. Douglas House, who ushered many of the state’s medical marijuana bills through the legislature this year, attends the meeting and speaks with Benton County Circuit Clerk Brenda DeShields and Faulkner County Circuit Clerk Crystal Taylor.

Middle right: AAC Executive Director Chris Villines chats with (from left to right) Columbia County Clerk Sherry Bell, Clark County Clerk Rhonda Cole and Columbia County Treasurer Selena Blair.

Bottom left: Erika Gee with Wright, Lindsey and Jennings addresses how state laws intersect with federal laws in the context of marijuana being used in the workplace.

Bottom middle, left: Chastity Scifres with Pulaski County Attorney’s Office discusses employment policy, drug testing and resonable suspicion in relation to marijuana use.

Bottom middle right: Jason Owens of Rainwater, Holt & Sexton speaks about anticipated areas of litigation and lessons from other states.

Bottom right: Carolyn Witherspoon with Cross, Gunter & Witherspoon focuses on practical application and medical marijuana in the workplace scenarios.

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AAC

Family & Friends

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Conference focuses on rural development in Arkansas Top left: AAC Legal Counsel Lindsey Bailey, AAC Executive Director Chris Villines, Polk County Judge and AAC Board Secretary/ Treasurer Brandon Ellison, Director of Arkansas Assessment Coordination Division Bear Chaney and Arkansas State Geographic Information Officer Shelby Johnson mingle.

Top right: Carrie Mcintosh and Regan Miller with White River Planning and Development District, Stone County Judge Stacey Avey and Izard County Judge Eric Smith talk.

Top right bottom: Former Hot Springs mayor and state Rep. Bob Mathis and Bruce Campbell of the Arkansas Governor’s Office enjoy the Rural Development Conference.

Middle left: Drew County Judge Robert Akin and Washington County Judge Joseph Wood attended the conference and accepted grants for their counties.

Bottom left: Pictured are Arkansas state Senators Gary Stubblefield, Linda Collins Smith and Alan Clark. Many legislators and state agency officials attended the Rural Development conference in Hot Springs.

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AAC

Family & Friends

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Sheriffs gather in Rogers for 2017 summer meeting Top right: Members of the 2017-2018 Arkansas Sheriffs’ Association executive board are installed during a prayer breakfast.

Middle, top right: Sheriffs’ Association Executive Director Mike Godfrey poses with Woodruff County Sheriff Phil Reynolds, Greene County Sheriff David Carter, and Clay County Sheriff Terry Miller.

Middle, far right: The association’s immediate past president, Newton County Sheriff Keith Slape, presents guest speaker Rockwall County (Texas) Sheriff Harold Eavenson, president of the National Sheriffs’ Association, with an “Arkansas Traveler” print.

Middle, bottom right: Incoming ASA president, Perry County Sheriff Scott Montgomery, poses for a photo with Benton County Circuit Judge Brad Karren, who conducted the swearing-in ceremony.

Bottom left: Conference attendees honor Sebastian County Major of Operations Kevin Nickson, who is retiring after 28 years.

Bottom right: The association presents Immediate Past President Keith Slape with a custom-made rifle.

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AAC

Family & Friends

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ACD hosts its summer EQ board meeting in North Little Rock The state Assessment Coordination Division (ACD) hosted its 2017 Equalization (EQ) Board Seminar on July 18, 2017, at the Wyndham Hotel in North Little Rock.

More than 250 county elected officials such as judges, county clerks, and assessors, as well as EQ board appointees from various counties attended the event.

Top left: ACD Attorney John Nichols provides a legislative update to various county elected officials and EQ board appointees in attendance at the seminar. Seated next to Nichols is ACD Director Bear Chaney.

Top middle, left: Chicot County Assessor Joe Dan Yee listens intently to the material being presented.

Top middle, right: Franklin County EQ Board Member Charles Ketter attended.

Bottom left: Craighead County Clerk Kade Holliday listens to the speaker as Craighead County Assessor Hannah Towell looks through the materials provided to attendees.

Bottom right: Clark County Assessor Kasey Summerville reads over the hand outs provided at the meeting.

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AAC

Family & Friends

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Clerks make history by hosting legislative committee meeting at association conference Top: The Arkansas Association of County Clerks hosted a joint legislative committee meeting during its summer continuing education conference, the first AAC member association to do so. Members of the Senate and House City, County and Local Affairs committees, House State Agencies and Governmental Affairs Committee, House Elections Subcommittee convened in Eureka Springs.

Middle left: State Rep. Bob Ballinger, whose District 97 includes Eureka Springs, discusses the administration of small estates.

Middle right: Pictured are Sevier County Clerk Debbie Debbie Akin (left) and Howard County Clerk Keri Teague.

Bottom left: State Rep. Carol Dalby looks at an example of the new voting machines some counties have received.

Bottom right: Saline County Clerk Doug Curtis testifies before the legislative committee.

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AAC

Family & Friends

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Judges discuss county roads, leadership, more at June meeting Top left: Arkansas Senate President Pro Tempore Jonathan Dismang speaks about the successes of the 2017 legislative session during the Judges’ Association luncheon on June 29, 2017.

Top right: State Rep. Dan Douglas, who sponsored a highway funding bill that was rejected during the 91st General Assembly, discusses where we go from here.

Second row, left: Lonoke County Judge Doug Erwin and Stone County Judge Stacey Avey participate in an exercise that gauges a person’s physical strength after hearing positive and negative comments.

Second row, right: Pictured are Desha County Judge Jack May (left) and Arkansas County Judge Thomas “Eddie” Best.

Third row, left: Franklin County Judge Rickey Bowman, Poinsett County Judge Bobby Cantrell and Saline County Judge Jeff Arey chat in the vendor area.

Third row, right: Calhoun County Judge Floyd W. Nutt volunteers for an activity during a session led by speaker, author and coach Kim Hodus. She spoke to the judges on leadership.

Bottom left: Spouses of county judges prepare to leave for Board and Brush Creative Studio, where they painted door hangers.

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AAC

Family & Friends

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Collectors meet in Conway County Top right: Crittenden County Collector Ellen Foote, president of the Arkansas County Tax Collectors’ Assocation, speaks to the more than 90 tax collectors and staff who attendened the summer continuing education meeting June 21-23, 2017, at the Winthrop Rockefeller Institute atop Petit Jean Mountain near Morrilton.

Second row left: Attorney Mike Rainwater from Rainwater Holt & Sexton answers questions from tax collectors.

Second row right: White County Collector Sue Liles asks a question.

Third row left: Tax collectors work on a painting activity led by Branch Out Paint Bar + Boutique in Conway.

Third row right: Pictured are Cross County Collector Debbie Davis and Cross County Chief Deputy Collector Katie Blake.

Bottom left: Pulaski County Chief Deputy Tax Collector Bentley Hovis, Crittenden County Collector Ellen Foote, Pulaski County Delinquent Tax Manager Melissa Farr and AAC Executive Director Chris Villines pose for a photo.

Bottom right: Charlotte Strickland, director of Professional Development and Training at the University of Central Arkansas, leads a session on strategies to help different generations work together.

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AAC

Family & Friends

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Assessors meet in Baxter County

Top left: Mountain Home was the site of the county assessors’ summer meeting in June. Baxter County Judge Mickey Pendergrass and Baxter County Assessor Jayme Nicholson welcome assessors.

Top right: Van Buren County Assessor Trina Jones and Scott County Assessor Terri Churchill man the registratrion desk.

Middle left: Carroll County Assessor Jeannie Davidson and Assessment Coordination Division Director Bear Chaney discuss an agenda topic.

Middle right: Baxter County Deputy Assessor Vonda Harrison and state Rep. Nelda Speaks pose for a photo.

Bottom left: Pictured are Sevier County Assessor Judy Smith, Jefferson County Assessor Yvonne Humphrey and Little River County Assessor Allie Rosenbaum.

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AAC

Family & Friends

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Coroners train for SUID investigations Top left: Pictured are Pope County Deputy Coroner Jason Cunningham (left) and Hot Spring County Coroner Aaron P. Davis.

Top right: Dawn Porter, Infant & Child Death Review Coordinator at Arkansas Children’s Hospital, and Benton County Coroner Chad Wilson walk through a mock Sudden Infant Death investigation (SUIDI).

Middle top right: Saline County Coroner Kevin Cleghorn, president of the Coroners’ Association, answers questions while Dr. Pamela D. Tabor, DNP-Forensics, AFN-BC at Forensics Consulting & Training, LLC, listens.

Middle bottom right: Saline County Deputy Coroner Jeff McLain and Crawford County Deputy Coroner Frankie Perry participate.

Bottom right: Pictured are Clark County Deputy Coroner Cory Stover, Pike County Coroner Jessie (Sonny) W. Simmons and Sharp County Coroner Renee Clay-Circle.

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AAC

Family & Friends

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Circuit clerks hold June program in Garland County Top right: County circuit clerks take in valuable information at the Arkansas Circuit Clerks’ Association Continuing Education Conference, held June 13-16, 2017, in Hot Springs.

Middle right: AAC Executive Director Chris Villines speaks at the meeting.

Middle right, top: Monroe County Circuit Clerk Alice Smith (middle), who serves as president of the Arkansas Circuit Clerks Association, participates in a group discussion.

Middle right, bottom: AAC Legal Counsel Lindsey Bailey has a discussion with a group of circuit clerks.

Bottom left: Benton County Circuit Clerk Brenda DeShields speaks at the conference.

Bottom middle: AAC Government Affairs Director Josh Curtis gives a legislative update.

Bottom right: Jim Pender of First National Title Company speaks on how to improve the process of recording land documents for Arkansas landowners.

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AAC

Family & Friends

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Roundtable talks on agenda for treasurers

Top right: Boone County Treasurer Tommy Creamer leads a roundtable discussion during the Arkansas County Treasurers’ summer continuing education conference, held June 7-9, 2017, in Searcy Middle left: Financial Advisor Amy Daniels, who is a nationally recognized speaker, delivers a presentation entitled “Developing Leadership and Serving Our Communites.”

Middle right: Perry County Treasurer Jan Moore kicks off the giveaway of door prizes, donated by each of the county treasurers.

Bottom left: Jefferson County Treasurer Vonysha Goodwin shows off a door prize she won during the drawing.

Bottom middle: Debbi McGinnis, Polk County collector of revenue in Bolivar, Mo., and president of the National Association of County Collectors, Treasurers and Finance Officers (NACCTFO) encourages Arkansas county treasurers to join NACCTFO and attend its conferences.

Bottom right: Craighead County Treasurer Terry McNatt announces the start of roundtable discussions.

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AAC

Family & Friends

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Law Clerk — Blake Gary Family information: My parents are Kim and A.J. Gary from Conway. I have a sister, Laci, and a brother-in-law, Chad, and they have a beautiful 3-year-old daughter who calls me uncle.

At the top of my bucket list is to: I would like to travel to Zermatt, Switzerland, to visit The Matterhorn and travel to Scotland.

You might be surprised to learn that: My right eye is half blue and half brown.

My favorite meal: Any type of seafood, especially crab legs and lobster tail.

My pet peeve is: When people purposely draw attention to themselves.

When I’m not working I’m: During the school year I am studying, and during the summer I typically spend my weekends at Greers Ferry Lake.

Motto or favorite quote: “The fool speaks, the wise man listens.”

Blake G ary

The hardest thing I have ever done: Doing well in law school while also playing intramural basketball, football and volleyball.

How long have you been at AAC and can you describe some of your successful projects? I have been at AAC since May, and I have been researching medical marijuana.

Law Clerk — Jessica Fontenot Family information: I have one older brother, but we’re only a year apart so we get mistaken for twins a lot. My mother homeschooled us, and my dad is an engineer at Johnson Space Center in Houston. I grew up there, but I loved my time at Harding University and have been in Arkansas ever since.

At the top of my bucket list is to: Travel all over Europe.

The hardest thing I have ever done is: Law school.

You might be surprised to learn that: I love punk rock, and I go to concerts whenever I can.

My favorite meal: Caesar salad, then chicken alfredo with garlic bread and tiramisu.

When I’m not working I’m: Usually studying, but I love to paint and watch horror movies with my roommate.

My pet peeve is: That parallel parking exists.

Jessica Fonten ot

The accomplishments of which I am most proud: I still have two more years, but I finished my first year of law school. I couldn’t have done it without my family and friends, and I’m extremely grateful to be where I am.

Motto or favorite quote: “I’m so glad I live in a world where there are Octobers.” — Anne of Green Gables.

How long have you been at AAC and can you describe some of your successful projects? I have been at AAC since the beginning of August, but I have learned so much from a recent research project for coroners’ budgets. There are so many issues I had never thought of before.

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AAC AAC a m i l yo n f e rr ei enncdes »

F

C

& F

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 7 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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Members enjoy dividends! $27 Million paid since 1997

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Kim Mitchell

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Claims Manager

Barry Burkett

Risk Management &

Claims Adjuster

Claims Examiner

Loss Control

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Admin. Assistant

RMS Counsel

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Brandy McAllister

1415 West Third Street • Little Rock, Arkansas 72201 COUNTY LINES, SUMMER 2017

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Worker’s Compensation Fund pays $1 million in dividends to its member counties in 2017

T

he Association of Arkansas Counties Workers’ Compensation Trust is proud to announce that for the 21st straight year dividends will be returned to all participating counties. The 2017 dividend is declared based on 2013 premiums paid and losses incurred. This brings the total dividends paid over the last 21 years to $27,698,953.

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 August.

“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, Ellen Wood, 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 21st 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’ Com-

pensation 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; Brandon Ellison, Polk County Judge; and Rusty McMillon, Greene County Judge.

Here are the formulaic dividend amounts per county as approved by the AAC/WCT board: Arkansas County.........................$9,015 Ashley County..........................$17,777 Baxter County.............................$7,330 Benton County.........................$14,009 Boone County.............................$1,529 Bradley County.........................$11,077 Calhoun County.........................$8,268 Carroll County............................$9,841 Chicot County............................$7,197 Clark County............................$14,147 Clay County................................$8,854 Cleburne County......................$11,507 Cleveland County.......................$8,534 Columbia County.....................$15,511 Conway County........................$15,109 Craighead County.....................$25,083 Crawford County......................$15,434 Crittenden County...................$22,390 Cross County............................$10,270 Dallas County...........................$11,490 Desha County.............................$9,490 Drew County............................$10,580 Faulkner County.......................$13,618 Franklin County.......................$13,696 Fulton County............................$8,311 Garland County........................$41,200 Grant County..............................$9,906 Greene County..........................$12,168 Hempstead County...................$13,826 Hot Spring County...................$10,526 Howard County........................$11,007

Independence County..............$31,691 Izard County...............................$9,153 Jackson County.........................$10,464 Jefferson County.......................$32,791 Johnson County........................$11,013 Lafayette County.........................$8,018 Lawrence County........................$6,763 Lee County..................................$6,627 Lincoln County...........................$8,483 Little River County...................$16,132 Logan County................................$500 Lonoke County..............................$500 Madison County.......................$16,071 Marion County.........................$11,361 Miller County...........................$12,766 Mississippi County...................$22,644 Monroe County..........................$6,847 Montgomery County................$12,352 Nevada County...........................$9,719 Newton County..........................$9,905 Perry County...............................$3,168 Phillips County.........................$10,143 Pike County................................$9,577 Poinsett County..........................$7,542 Polk County................................$7,695 Pope County.............................$20,097 Prairie County.............................$8,631 Pulaski County..........................$84,124 Randolph County.....................$12,422 Saline County............................$27,446 Scott County..................................$500 Searcy County...........................$11,514 Sebastian County...........................$500 Sevier County............................$10,976 Sharp County............................$10,415 St. Francis County.......................$9,456 Stone County..............................$2,345 Union County...........................$14,867 Van Buren County....................$17,170 Washington County..................$57,057 White County...........................$23,970 Woodruff County.......................$7,385 Yell County.....................................$500

www.arcounties.org 64

COUNTY LINES, SUMMER 2017

AACRMF benefits continue to strengthen program!

r u T o y n i s ’ t a Wh ? y t n u o c W n GUARDIAN RFID has been exclusively endorsed by the National Sheriffs’ Association since 2008 and was the first product in the world to earn this distinction. n GUARDIAN RFID is the only Inmate Management System in the world that exclusively leverages radio-frequency identification (RFID) technology.

n GUARDIAN RFID® Mobile™ is the most widely used mobile application in corrections, actively deployed in 25 states.

he AAC Risk Management Fund is managed by a Board of Trustees comprised of YOUR county colleagues.

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

Program outline: GENERAL LIABILITY AUTO PROTECTION PROPERTY PROTECTION

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. Assist.

501.375.8805 ext. 543

Brandy McAllister RMF Legal Defense

RMS Counsel 501.375.8694

Provided By

AAC

Family & Friends

www.naco.org

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

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.

President declares state of emergency over opioid epidemic

By Valerie Brankovic On August 10, President Trump declared a federal state of emergency regarding the nation’s ongoing opioid epidemic. The announcement comes just over a week after the White House’s Commission on Combating Drug Addiction and the Opioid Crisis recommended urgent action on the epidemic in its interim set of policy recommendations. Opioid overdoses accounted for 33,000 deaths in 2015 – more than any other year on record, according to data from the Centers for Disease Control and Prevention (CDC).

Federal emergency declarations are typically reserved for shortterm crises related to a natural disaster or contagious disease outbreak. The federal government’s emergency response to a crisis driven by substance abuse will likely differ from its response to a hurricane or the Zika virus; but declaring a state of emergency in either situation allows the government to rapidly mobilize and deploy treatment resources with less administrative oversight.

The White House is expected to release a more detailed plan on what the opioid emergency declaration will entail. According to experts, the federal government’s emergency response could include the following actions: • Temporarily empowering states to override certain regulations around Medicaid funding for mental health services; • Immediately establishing a federal fund to improve access to medically-assisted treatment for opioid addiction, which

has been shown to reduce drug relapse and death; and Providing states with model legislation to make the overdose antidote naloxone more available to the public Prior to the president’s announcement, governors of six states had already declared public health emergencies in response to rising numbers of overdose-related deaths. In Arizona, Gov. Doug Ducey’s used an emergency declaration to tap into public health emergency funds that provided overdose-specific training for law enforcement officials. Other states, such as Alaska, used emergency powers to stock naloxone in public spaces for limited time periods.

Some counties have also declared public health crises in response to the opioid crisis in their jurisdictions. In 2016, New York’s Erie County Executive Mark C. Polocarz issued an executive order declaring a public health crisis and ordering the formation of an Opioid Epidemic Task Force. Responding to recommendations put forth by community organizations, the Erie County legislature approved proposals to create a 24-hour addiction hotline and provide county-wide training sessions on how to use naloxone. Proposals currently under consideration include equipping hospitals with more treatment beds and establishing safe disposal sites for prescription medications.

NACo will continue to monitor any further developments on the federal emergency declaration and its implications for local governments.

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