County Lines SUMMER 2015
47th annual conference
Counties Getting in the Game Recap begins on page 42
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In This Issue
SUMMER 2015
Calhoun County Courthouse stands as a symbol of pride.
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Features Sheriffs appear before behavioral health task force.............................................18 AAC names 2015 scholarship recipients.................................................................26 Calhoun County Courthouse is symbol of pride......................................................30
Inside Look AAC board profile: Sandra Cawyer.............................................................................41 Josh Curtis, AAC governmental affairs director, continues tradition of county service.
Governor talks jails with county sheriffs...................................................................51 County Clerks demo new voting machines..............................................................52 Treasurers meet in Fort Smith....................................................................................53 Collectors hold summer session in Little River County.........................................54 Circuit Clerks meet in Eureka Springs......................................................................55
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Judges’ topics include county jails, bridges.............................................................56 Assessors hold meeting at Folk Center in Stone County.......................................57 Judges host governor during winter meeting..........................................................50 AAC staff profile: Riley Groover..................................................................................52
Departments From the Director’s Desk............................................................................................... 7 President’s Perspective................................................................................................. 9 Relive AAC’s 47th annual conference in photos.
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From the Governor........................................................................................................11 Attorney General Opinions..........................................................................................12 Legislative Lines............................................................................................................13 Governmental Affairs...................................................................................................14 Research Corner...........................................................................................................16 Legal Corner...................................................................................................................19 County Law Update.......................................................................................................20 Savings Times 2............................................................................................................21 Seems to Me..................................................................................................................22
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Cover Notes: Greeting the Governor (Photo by Christy L. Smith) ore than 600 county officials and others attended AAC’s 47th Annual Conference, held in Springdale Aug. 5-7, 2015. The Hon. Asa Hutchinson, Governor of Arkansas, opened the event’s general session on Thursday, Aug. 6, 2015. After speaking about topics such as economic development, job creation and jail overcrowding, Gov. Hutchinson paused to mingle with county officials and answer their questions. He graciously posed for this quarter’s cover photo before heading to other engagements. See our full conference coverage beginning on page 42.
Whether you are a county official or whether you’re governor or whether you’re president,
we have a responsibility to lead, to set an example. And never forget that
people follow those examples. That should get you excited about leadership and the — Gov.
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opportunity that is presented to us. Asa Hutchinson Address to county officials at conference
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Calendar
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2015-2016
Oct. 14-16 Circuit Clerks Wyndham, North Little Rock
Feb. 17-19 Treasurers Hilton Garden, Conway
Oct. 21-23 Treasurers Lake DeGray, Bismark
March 9-11 Circuit Clerks Hilton Garden, N. Little Rock
Oct. 27-30 Assessors Arlington Hotel, Hot Springs
April 10-12 County Clerks Embassy Suites, Hot Springs
Dec. 2-4 Collectors Hilton Garden, Conway
April 13-15 Collectors Basin Park, Eureka Springs
Feb. 10-12 Judges Wyndham, North Little Rock
CONTACT AAC
Association of Arkansas Counties 1415 West Third Street
Calendar activities also are posted on our Web site:
www.arcounties.org
Brenda Emerson, ACE Program Coordinator bemerson@arcounties.org
Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org
Scott Perkins, Legislative/Communications Director sperkins@arcounties.org
Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org
Little Rock, AR 72201 (501) 372-7550 phone (501) 372-0611 fax www.arcounties.org
Lindsey Bailey, Legal Counsel lbailey@arcounties.org
Cindy Posey, Accountant cposey@arcounties.org
Chris Villines, Executive Director cvillines@arcounties.org
Jeanne Hunt, Executive Assistant
jhunt@arcounties.org
Christy L. Smith, Communications Coordinator
csmith@arcounties.org
Whitney Barket, Secretary / Receptionist wbarket@arcounties.org
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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.
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 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 Kim Mitchell, Administrative Assistant kmitchell@aacrms.com Brandy McAllister, RMS Counsel bmcallister@arcounties.org Becky Comet, Member Benefits Manager bcomet@arcounties.org Barry Burkett, Loss Control Specialist bburkett@aacrms.com Elizabeth Sullivan, Admin. Assistant/Receptionist esullivan@arcounties.org
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AAC
Family & Friends
County Lines Magazine
County Lines is the official publication of the Association of Arkansas Counties. It is published quarterly. For advertising inquiries, subscriptions or other information relating to the magazine, please contact Christy L. Smith or Scott Perkins at 501.372.7550. Executive Director / Publisher Chris Villines Communications Director/ Managing Editor Scott Perkins Communications coordinator/ Editor Christy L. Smith
AAC Executive Board: Judy Beth Hutcherson – President Debbie Wise – Vice President Joe Gillenwater – Secretary-Treasurer Sherry Bell Debra Buckner Cindy Walker Brandon Ellison Andrea Billingsley Jimmy Hart John Montgomery Patrick Moore Rhonda Cole Sandra Cawyer David Thompson Bill Hollenbeck Angela Hill Debbie Cross National Association of Counties (NACo) Board Affiliations Judy Beth Hutcherson: NACo board member. She is the Clark County Treasurer and president of the AAC Board of Directors.
Debbie Wise: NACo board member. She is the Randolph County Circuit Clerk, vice president of the AAC Board of Directors and chair of AAC’s Legislative Committee.
Ted Harden: Finance & Intergovernmental Affairs Steering Committee. He serves on the Jefferson County Quorum Court.
Kasey Summerville: Finance, Pensions & Intergovernmental Affairs Steering Committee. She is the Clark County Assessor.
David Hudson: Vice Chair of NACo’s Justice and Public Safety Steering Committee. He is the Sebastian County Judge and member of the Rural Action Caucus Steering Committee.
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Support for symbols of civility in our county family
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ourage is defined as the quality of mind or spirit that enables a person to face difficulty, danger, pain, etc., without fear.
Director’s Desk
Chris Villines AAC Executive Director
The bravest among us are found throughout the payrolls of Arkansas’ counties. The badge on our county lawmen isn’t worn as protection or a symbol of power. Rather it is the mark of courage. Like many of you, I am saddened each day to hear a new report of yet another courageous man or woman attacked without provocation, all too often succumbing to needless injury only to make front page news one day and back page news the next. As a child growing up in Saline County, a small county back then, I remember well the respect and admiration I held for law enforcement and firefighters alike. These were the people that helped restore order. They stood as a symbol of civility for all in their communities. According to the U.S. Department of Justice, in the United States there are about 765,000 sworn personnel (defined as those with general arrest powers). This is an amazing assemblage of society and a testament to the priority that our country places on law and order. We have been and continue to be safe because of the brave work these men and women perform. Unfortunately a few events outside our state’s borders and heavily publicized and judged before adjudication have been and will continue to be extrapolated by some Arkansans to paint a broad brush of policing in general. Unwarranted crimes against officers — the men and women who signed on to protect us — have resulted. At the annual AAC conference our board president, Judy Beth Hutcherson, acknowledged the fact that we in county government are a family. Remembering this and understanding the stress that our law enforcement works under, often with low pay to boot, should be a call to action for our county officials to go out of their way to act with affirmation toward our men and women in uniform. Deputy Darren Goforth, a suburban Houston police officer, recently was shot in the back and killed while fueling his patrol vehicle. Just days later an unidentified officer in Harris County, Texas, wrote the following: “Today while in uniform I went to a gas station to fill up my equipment and a man walked up to me and said, ‘Sir, I have your back while you get your gas.’ The man stood in the middle of the parking lot looking around. I then went inside to get some water and he remained in the parking lot watching me. On my way out I shook his hand and thanked him. While leaving the parking lot he was still watching my back and waved good-bye as I drove down the street.” >>> 7
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“Thank you, sir. It is people like you that give us a reason to suit up every morning.”
It has been my profound pleasure to work alongside both of these ladies as we continue to do good things here at the AAC, and it is with both a sense of loss (for me) and a sense of satisfaction (for them) that I report their upcoming retirements in June 2016. Thousands of county officials and employees have been affected in a positive way by their dedication and hard work, and some people simply cannot be replaced.
To all my county friends, let’s be those people who give our local law enforcement a reason to suit up every morning. We are, after all, a family. *** On Aug. 5-7 we held our annual conference in Springdale. By all accounts it was a huge success. You can read more about it throughout this edition of County Lines. This year’s event was well attended (more than 600), and the speakers and breakout sessions met with rave reviews from those in attendance. One of my favorite lines here in the office comes from Jeanne Hunt, who has been the mastermind behind every conference for many years now. She says, “I think sometimes people think we sprinkle fairy dust on these conferences and they magically come together!” Well, Jeanne, they don’t think that. But you have made it look effortless for years as you put these events together. The same can be said for Brenda “Emmy” Emerson who has skillfully put together continuing education programs for judges, circuit clerks, county clerks, treasurers, collectors and now coroners for more than two years in our ARcounties Continuing Education Program.
I encourage all of you to circle on your calendars Aug. 24-26 in 2016 for our annual conference in Garland County, when we will all come together to celebrate with them as they enter into retirement (that is, unless I can talk either of them out of it before then). To Jeanne and Emmy: I want to personally thank you here for all of the great things you have done and continue to do for the counties of Arkansas. *** The AAC was happy to announce that Josh Curtis joined our staff in June as the government relations director. Josh is steeped in county politics and knows the ins and outs of county government well. It has been my pleasure to see him come on board with an excitement and eagerness to learn that will suit him well as he takes on liaison duties with collectors and circuit clerks. You can read more about Josh on page 38. We will all enjoy his dedication to the counties of Arkansas in his career here.
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Conference perspective from the head table
he 47th annual Association of Arkansas Counties conference in Washington County was a wonderful success. More than 600 county officials, staffers and vendors gathered in Springdale from Aug. 5-7 to not only celebrate county government, but to make it better as well. This was my first conference as the AAC board of directors president, and I was honored to serve the county government family during our association’s flagship meeting of the year. On a light note, I obviously enjoyed the opportunity to trade jokes with our esteemed executive director, Chris Villines, and I’m hopeful this friendly banter will continue for years to come. Our annual conference’s theme was “Counties Getting in the Game.” Attendees experienced several highlights, as the opportunities for education, networking and fellowship among county officials are unmatched at our conference. Gov. Asa Hutchinson addressed our general assembly one morning and even made time to pose with hundreds of county folks for the cover shot on this edition of County Lines. Thank you, Governor. We look forward to continuing our work toward stronger and stronger partnerships with the state. Obviously, our collective relationship with the governor is a cornerstone of that effort. There is no doubt that prison overcrowding, criminal justice reform, highway funding and 911 services will provide us opportu-
President’s Perspective
nities to exemplify our ability to work together. We were also treated to a visit from National Association of Counties (NACo) past-president Riki Hokama who iterated in his comments several times just what catalysts county officials are Judy Beth Hutcherson to their communities across the AAC Board President; nation. I’m certainly honored to Clark County Treasurer serve Arkansas and the counties across the country as a NACo board member. Their representation in Washington, D.C., and legislative support for state associations’ staffers is very valuable to all 3,069 counties. For the last 17 years, AAC conference activities have teed off with a golf tournament. Now benefitting the Randy Kemp Memorial Scholarship, our tournament players and sponsors have helped maintain a stable fund for this scholarship. We were honored to award Randy’s niece, Katherine Kemp, with the Randy Kemp Memorial Scholarship for the second time. As many of you know, Randy was the first AAC communications director from 2008 to 2011 and his fingerprints and dedication remain evident in our communications program. Attendees enjoyed various breakout session topics ranging from workplace violence to public dispute management and from best practices to Affordable Care Act documentation requirements. Conference allows hundreds of county officials and staffers to fellowship with not only each other, but also with legislators and state agency representatives. I’m honored to serve in this capacity and look forward to what we can accomplish for county government together.
Judy Beth Hutcherson Gov. Asa Hutchinson addresses a room filled with county officials. He spoke about economic development and jail overcrowding. Sitting on either side of the podium are Judy Beth Hutcherson, Clark County treasurer and AAC board president, and AAC Executive Director Chris Villines. COUNTY LINES, SUMMER 2015
Judy Beth Hutcherson Clark County Treasurer / AAC Board President
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Big business in the outdoors
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ome folks say Arkansas is a football state, or a Razorback state. In Northeast Arkansas, they may say we’re a Red Wolves state. During the winter, we may be a basketball state. But you know what Arkansas always is? We are always an outdoors state. We are always a hunting and fishing state. I was reminded of that again on Sunday, Aug. 23, at the weigh-in for the Forrest Wood Cup, a bass-fishing tournament on Lake Ouachita named for Arkansas’s own outdoors legend, Forrest Wood of Flippin. By inventing Ranger Boats, Forrest changed fishing in Arkansas and helped change the economy of this state. You could see the result last weekend. The tournament is a big event. It has been called the Super Bowl of bass fishing. But judging by the enthusiasm I saw at the weigh-in, that may be giving the Super Bowl a little too much credit. Consider these numbers from this terrific four-day event: • Total attendance was 63,408, including an overflow crowd in the arena for the final weigh-in. • Visitors came from at least 39 states and three countries. • The final-day show was sold out, with 146 exhibitors filling the Hot Springs Convention Center. • This was the fourth Forrest Wood Cup held in Hot Springs — a record for any city — and no doubt it won’t be the last. All told, the tournament could have a direct economic impact of $6 million on the Hot Springs area. Once the dollars make their way through the economy, it could add up to an impact of between $20 million and $30 million. Fishing is big business. But if you live in Arkansas, you already knew that. Besides our people, our greatest resources
From The Governor
are our natural resources. We are a wonderland for outdoorsmen, for hikers and bikers, for anyone who wants to enjoy God’s awe-inspiring handiwork. We often market Arkansas as a great place to live and work, a great place to start a business — and that it is — but don’t forget that we’re also a great place to play. The folks in Hot Springs understand. Their city remains Hon. ASA the No. 1 tourism destination in HuTCHINSON the state because of its natural Governor of Arkansas attractions and events. So far this calendar year, hospitality tax collections are up 7 percent in the Spa City — and that bodes well for all of Arkansas. Tourism is the No. 2 industry in Arkansas, and events like the Forrest Wood Cup have a very positive impact on the economy of our state. Whether it’s a bass fishing tournament in Hot Springs; the Bikes, Blues and Barbecue weekend in Fayetteville; or the blues festival in Helena, Arkansas’s special events attract visitors from all over the world. And once we get ’em here, once they see everything that Arkansas has to offer, they come back. Again and again.
Asa Hutchinson
The Honorable Asa Hutchinson Governor of Arkansas
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AG Opinions: From fire dues to voter registration transfer
AG OPINION NO. 2015-009
The Attorney General discussed collection of volunteer fire association dues and the proper manner to collect delinquent dues. The AG stated that if a property owner in a fire association district pays his/ her assessed property taxes but does not pay the fire association dues to the county collector, the proper manner for a volunteer fire association to pursue its legal remedies to collect delinquent dues is through court proceedings. The county collector may not certify the volunteer delinquent fire association dues for sale of the property or collection by the Commissioner of State Lands.
AG OPINION NO. 2015-020
The AG addressed an ordinance seeking to require the county judge to seek the prior approval of the quorum court before purchasing a vehicle even when the appropriations for purchases in the same category were more than enough to cover the expenditure. The AG determined that the ordinance was an unlawful encroachment by the legislative branch into the discretion granted an official of the executive branch under the separation of powers doctrine. The AG determined that such an ordinance constitutes an impermissible
legislative encroachment on the executive branch because a county quorum court cannot constitutionally require the county judge to obtain the quorum court’s approval before or in making purchases or contract awards with funds that have been properly appropriated. The AG also stated that the quorum court does not have the power to direct that the county judge or county only purchase vehicles through the state procurement bid process.
AG OPINION NO. 2015-022
The AG discussed A.C.A. § 7-4-109(c) (1), which provides, “[a] person who is a paid employee of a political party or of a candidate for office on that county’s ballot shall not be a member of a county board or an election official.” The AG concluded that despite an individual’s status as deputy prosecuting attorney working under the prosecuting attorney (a candidate for office on that county’s ballot) and a member of the election commission of the same judicial district, the individual’s employment situation does not fall within the prohibition outlined in A.C.A. § 7-4-109(c)(1). The employee of a constitutional office, which is paid by the state of Arkansas is not, by virtue of that employment, a paid employee of the individual candidate who
AG Opinions
is elected or appointed to the head of that office.
AG OPINION NO. 2015037
Mark Whitmore The AG AAC Chief Counsel discussed the transfer and change of status of voter registration from one county to another under Arkansas Constitution Amendment 51 section 10. The AG explained that if a voter has moved to a new county, has previously registered in another county, and has submitted registration information which was not received by the new county by the fourth day before the scheduled election, that voter is prohibited from voting in the scheduled election. However in supplemental opinion No. 2015-037A, the AG states if the voter contends that he or she is a regtistered voter in the precinct in which he or she desires to vote and that he or she is eligible to vote, then the voter shall be permitted to cast a provisional ballot.
Rave panic button to deploy in public schools Legislators, members of the emergency management, law enforcement and criminal justice communities, and others announced Tuesday, Aug. 11, 2015, in the state Capitol rotunda implemented a new service that will enhance school safety across the state. Rave Panic Button3 will allow school faculty and staff to immediately and directly alert 911 and school administrators in the event of an emergency. The smart app, which is expected to serve more than 1,000 public schools, cuts emergency response time by 3 seconds and integrates with Smart911 to give detailed information to 911 dispatchers. The Rave Panic Button is part of the 2015 School Safety Act passed this year requiring all schools to use the panic button if funding is available. The first year’s costs have been covered by the Arkansas Department of Education. Rep. Scott Baltz, a former Randolph County justice of the peace, and Sen. Jane English were the lead sponsors on the bill that created the act. 12
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Uptown County road, keep it out of the ditches
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Legislative lines
ow do you handle disputes? If you had to rank “us against them” atmosphere thickens, your ability to efficiently resolve public disputes, and the conflict morphs into a right what would it be on a scale of 1 to 10? vs. wrong situation with no middle The truth is all of us could be better at managing ground. Now we have a distinct diviconflicts. Another truth is your ability to manage these situations sion in the community being played as a public official can provide your community with great lead- out in the media, which is focusing ership when your constituents need it most, especially during a on the arguments, not a solution. The heated conflict in your county. factions now enter a “must win” attiManaging public disputes was one of our breakout topics at tude and invest more resources. At this our 47th annual Association of Arkansas Counties conference, point, the project is in the ditches. The Scott perkins and I was honored to present this topic to a diverse audience of conflict will forever be an aggregate of Legislative and county officials and staffers. the community as the fight carries on. I think conflicts are a lot like change. They are fairly constant Damage to the community is long lastCommunications in our careers as public servants and are almost always dynamic. ing. Finally, Uptown County folds and Director Unmanaged conflicts can derail the best of projects. Unfortu- does nothing. nately, winning the fight oftentimes becomes more important The above-mentioned degrading situathan finding a solution. tion is fairly predictable when unmanaged. “Managing Public DisStep into hypothetical Uptown County where the county plans putes, A Guide for Government, Business, and Citizens’ Groups,” to widen a road. Some by Susan L. Caprenter and citizens inquire about W.J.D. Kennedy refers to it the plan and the stretch as the spiral of unmanaged of road to be widened. conflict. think conflicts are a lot like change. They are fairly “How wide will it The goal is to begin these be,” they ask. projects and manage them constant in our careers as public servants and are “What kind of road in a proper manner to surface and curbing?” avoid the spiral of conflict. almost always dynamic. Unmanaged conflicts can derail the “Will that include The key is communication. past my driveway?” Another goal is to identify best of projects. Unfortunately, winning the fight oftentimes spirals and try to stop the Officials haven’t quite downward movement befinalized their plans and becomes more important than finding a solution. fore the conflict intensifies. seem bothered by the Many of us address requests. These constitconflict in four main ways uents are worried even for several reasons. Evmore after not receiving ery conflict is different and demands a different approach. I’m a warm reception from the county. Our problem begins. not saying these are right or wrong, but they are the main four. Positions and sides emerge. Without any discussion of the We either avoid the topic altogether, leap into a fight, search for plans for the road, what could have been just a cautionary phase a quick fix or possibly fall into the Solomon Trap. Avoidance, for the county is perceived as a reluctance to inform the comfighting and a quick fix are self-explanatory. The trap deserves a munity. Now even residents who don’t live on or travel the road little explanation. pick a side, and the conflict becomes the talk of the town. RuA leader takes plenty of time to have public meetings, sits mors roll about the plans, and speculation from the community down with all stakeholders taking detailed notes of the discusgrows. In an attempt to manage, the county calls a town meeting. sions. Meeting after meeting is conducted focused on commuHowever, people have already become frustrated and do not want nity feedback and expert information. The leader melds all his or to talk or listen to the opposing view. The meeting is more like her data and formulates a plan. a heated public debate. Information is not flowing between the When the plan is released to the community it can go two sides and no solution is in sight. ways. First, it could be well received and celebrated. All is good. The newspaper covered the “debate” and now is running sevOr it could be met with frigid faces and attitudes. Sides then eral stories focusing on the differences between the sides. Leaders complain that their key issues were not addressed even though and supporters on both sides become more committed, including more financially vested. The story grabs the attention of the See “CONFLICTS” on Page 33 > > > TV stations in and now has grown outside Uptown County. An
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Seizing opportunities
hat do you do when a great opportunity comes your way? Take it. At least, I just did. The outcome may prove to be beneficial down the road. My first opportunity in county government was in 2012, after my dad, Doug Curtis, vacated his justice of the peace seat and ran for the position of Saline County Clerk. I decided to run for the vacant seat on the quorum court. Many said I was too young, and an opponent had already announced he was running. At first I was discouraged, but after receiving support from family and friends, I had to consider it. My wife and I had been married for only 18 months and knew how difficult it would be to run a campaign. So there I was running my first race. Now I am serving in my second term on the Saline County quorum court. This is a prime example of stepping out of your comfort zone and seizing an opportunity. Last December, Governor-elect Asa Hutchinson offered me a position in his administration. This decision was a bit easier to make. Who doesn’t want to work for the governor? I felt prepared for this opportunity because of my previous work in state government and my involvement in legislative sessions. Gov. Hutchinson assigned me to his health care policy team. It was a little intimidating at first because I did not have much experience in this field. I did not feel prepared for this assignment. However, I quickly realized the relationships I had forged inside the Capitol were the foundation upon which I would succeed. Watching the AAC maneuver this past session was impressive. The AAC’s lobbying efforts were great. When county officials came to the Capitol united, they were one of the most influential groups in the building. One legislator said, “These county officials have a strong voice here at the Capitol.” There is a difference between a loud voice and a strong one, and legislators know that difference. Equip yourself with a strong voice and build a foundation. Talk with your representatives and senators frequently. Don’t pass up an opportunity to reach out and say thank you. They have thankless jobs. Use your relationships to be effective throughout the session. One session I became too passionate about a bill. I thought I had talked to all the right people and believed they were on my side, but you never truly know until the votes are counted. Unfortunately the outcome was not in my favor, so I had to get my emotions back in check. Each day I kept working against that bill and in the end we reached a compromise and everyone left satisfied. No one likes to lose. With that, I learned that if you are not successful with an issue, don’t take it personally. Move forward and look for a new opportunity. It is difficult not to take things personally when you are in heated debates on an important issue, but it’s a skill you should possess. Do not be content with where you are. Contentment will blind you of an opportunity even if it’s at your doorstep. Former Arkansas Razorbacks Coach and Athletic Director Frank Broyles once said, “You are either moving forward or moving backwards. There is no such thing as standing still.” I was gearing up for the First Extraordinary Session of the 90th General Assembly when I received a call from AAC Executive Director Chris Villines. I 14
Governmental Affairs
went into his office expecting to talk about the upcoming special session, but he had other plans. When Chris offered me a position, I was humbled but knew I was going to have to make a difficult decision. It was an absolute honor working in Gov. Hutchinson’s administration, but I realized I would not be there forever. After much counsel and deliberation with my family and friends, I chose Josh Curtis to accept the opportunity to join the Governmental Affairs AAC. I firmly believe this would not Director have happened if I had not been prepared and equipped. I was prepared through the work I had put in on the state level and my continued involvement in county government. I knew this would be the perfect fit for me to work with counties and the state for the betterment of Arkansas. I followed the advice from Coach Broyles and continued moving forward. I recently attended an Arkansas Economic Development Commission meeting hosted by Saline County Economic Development. The agenda was titled, “Team Meeting,” and the featured speaker was Arkansas Economic Development Commission Director Mike Preston. Mike commented on the “Team Meeting” theme, citing his time in Florida. Mike explained that cities within Broward County fought over turf, meaning that Fort Lauderdale told businesses not to explore other cities within the county. Businesses do not want to hear that; they want to hear about the togetherness of the county with a welcoming attitude. This same rule applies to Arkansas, which is too small to have turf wars especially when it comes to county officials and their work at the Capitol. During the last session, the AAC laid the foundation, but when the team came to the capitol it sealed the deal. All counties will be successful if the overall team is successful. Understand our slogan, “75 Counties. One Voice.” Let’s continue to be that united voice. Chris has assigned me to the collectors and the circuit clerks. I’ll also be helping out on justice of the peace issues with Lindsey. I attended my first collectors’ meeting during my first week on the job. I was a little nervous until I met with Columbia County Collector Cindy Walker, president of the Collectors’ Association. She has helped me in many ways, and I look forward to working with her and all our collectors. One thing I recommend to elected officials is to go around and visit different offices in your area. Pulaski County Collector/Treasurer Debra Buckner brought me into her office for a week to learn about all the interworking of a collector’s office. Her staff enjoys what they do and are always looking for ways to improve the services they provide. Another highlight so far is being able to spend a few days in Faulkner County with Circuit Clerk Rhonda Wharton. She runs an efficient office with a highly trained staff. I know we have many outstanding county officials in this state, so I can’t wait to meet every one of you. COUNTY LINES, SUMMER 2015
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Effective county executives share commitment to training, mentoring
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t is often said that effective local officials and employees demonstrate leadership and commitment to their community. Their jobs are often thankless, yet hundreds of county officials and county employees commit to serve their communities each year. However, effective public service requires even more — effective public servants demonstrate a continuous drive for learning. As was said by Benjamin Franklin: “An investment in knowledge pays the best interest.” I’ve witnessed first hand the formidable task placed upon each county elective office. Even a spouse may not fully appreciate the scope to which county officials are charged to know the body of laws imposed upon them. They must have a working knowledge of the various laws setting forth their affirmative duties to execute. Additionally, they must be mindful of the ever-increasing body of laws and regulations that constrain them. The voluminous Arkansas County Compliance Guide issued by the AAC and the procedural guide AAC issues for each county office demonstrate the scope of laws. In contrast, cities are not a subdivision of the state and city officials are not generally directed to perform duties on behalf of the state. Arkansans are truly blessed with many county officials and employees that possess a drive to assimilate a mountain of information and establish depth of understanding. They work to become familiar with new laws as they come into effect, and they make frequent use of the AAC procedural guide, the Arkansas Compliance Guide and procedural guides. Many of the county executives that have excelled also participate in the meetings of their affiliate organizations. Those that do not attend the meetings of the affiliate organizations may not realize what they are missing. Brenda “Emmy” Emerson, AAC’s ARcounties Continuing Education Program Coordinator, has taken the education of our affiliate organizations to a higher level. The meetings offer good information and access to colleagues to help you along the way. Each association now offers more training/ mentoring than ever for incoming newly elected county officials in the new elect schools. Our affiliate organizations make good use of e-mail list serves. Many of our county officials find serving their communities rewarding, and they are equally generous in mentoring their fellow county officials. The process of mentoring benefits the teacher as well as the student. Participating in the legislative efforts of your affiliate organization can be an important part of serving your community. Through the affiliate organizations, our county officials and AAC staff make collective beneficial use of their depth of knowledge in shaping policy and legislation. We have championed scores of improvements in the law. This team effort requires knowing the law and how to make 16
RESEARCH CORNER
the law better. Our working knowledge of the law and firsthand knowledge of the needs of the community are beneficial to state officials. The Hon. Mike Jacobs served Johnson County as county judge for 24 years, served as president of the AAC Board of Directors for 15 years and is now serving Mark Whitmore his community as justice of the AAC Chief Counsel peace. By all accounts Judge Jacobs was an exceptionally effective county executive. He demonstrated the traits of a leader, a commitment to his community and a commitment for learning and improving the laws. In a word, he “engaged.” Judge Jacobs engaged at the state Capitol in support of the County Judges Association of Arkansas (CJAA) and AAC legislation. He engaged at the U.S. Capitol in Washington, D.C. He visited with the Arkansas Congressional delegation on federal legislation and funding such as Payment in Lieu of Taxes (P.I.L.T.) and highway funding. He even testified before a Congressional committee on Secure Rural Schools funding. Judge Jacobs religiously attended National Association of Counties (NACo) annual and legislative conferences, and he served on NACo committees. The judge explained, “Participation in NACo helped me to find out what was going on in counties in other states and to try to get ahead of the curve. Also, NACo has many services that were useful for my county and other counties in Arkansas.” The Hon. Mary Lou Slinkard served Benton County as county clerk for 28 years, state representative for six years and is currently serving as Benton County justice of the peace. While county clerk, she regularly attended NACo and Election
Notice: The upcoming 2016 edition of the Arkansas Compliance Guide will have a new feature. Each edition will include three access codes so that a copy of the laws in the compliance guide may be accessed and searched digitally. These tools and a working knowledge of the law are important to effective service. Contact Whitney Barket at wbarket@arcounties.org or at (501) 372-7550 to pre-order your 2016 Arkansas County Compliance Guide or for more information. Cost is $70, which includes tax and postage. COUNTY LINES, SUMMER 2015
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Left: Sebastian County Judge David Hudson, chairman of the National Association of Counties’ Justice and Public Safety Committee, recognizes Leon Evans, chief executive officer of The Center for Health Care Services in San Antonio, for his efforts in reducing the number of mentally ill incarcerated in Bexar County, Texas, jails. Right: AAC Chief Counsel Mark Whitmore, Crawford County Sheriff Ron Brown, Sebastian County Sheriff Bill Hollenbeck and Arkansas Sheriffs Association Executive Director Ronnie Baldwin are pictured with Bexar County, Texas, Sheriff Susan Pamerleau. The Arkansas contingent toured Bexar County Jail in San Antonio, a model for reducing jail and prison overcrowding. Center meetings as well as annual conventions of International Association of Clerks, Recorders, Election Officials and Treasurers (IACREOT). She says the meetings on voting laws and systems standards, along with collaboration with other election officials, provided her a depth of knowledge about voting laws and voting equipment. Rep. Slinkard says, “Bringing back information from IACREOT, NACo and Election Center conventions substantially assisted my job performance and community. Also, I shared this information with other county clerks, election coordinators and state officials and employees in Arkansas.” The Arkansas Sheriffs Association (ASA) knows well the fruits that can be produced from attending the annual convention of the National Sheriffs Association (NSA). The NSA conducts substantive seminars on law enforcement and detention topics ranging from the use of body cameras to prevention of suicides in jails. Section 14 of the Criminal Justice Reform Act, SB 692 of 2015, Act 895 of 2015, placed a cap for inmate medical expenses at Medicaid — the agreed government rate for medical care. If Sandy Horton, director of the Kansas Sheriffs Association, had not attended the annual conferences of the NSA and collaborated with Ronnie Baldwin, director of the ASA, the sheriffs, county judges and legislators in Arkansas would not even know to seek this important common-sense cap. The ASA now pays for the registration, lodging and some meals of one sheriff from a Class 1 or 2 county who attends the annual convention of the NSA. Woodruff County Sheriff Phil Reynolds was the fortunate recipient this summer for the NSA convention in Baltimore. Sheriff Reynolds reports he gained valuable insights from discussions with sheriffs nationwide from counties large and small. He said, “It was an eye opening experience, and I realize that more than likely the problem I am facing has been shared by other sheriffs in Arkansas or nationwide. There are other sheriffs to contact to draw from COUNTY LINES, SUMMER 2015
their experience.” There is no greater priority to county or state government than the unprecedented and continued jail and overcrowding crisis. This in part relates to diversion of the mentally ill from county jails and the criminal justice system when appropriate. These topics have been the focus of many NACo and NSA conventions in recent years. These meetings have highlighted nationally acclaimed successes in addressing prison and jail overcrowding. In particular, the programs of Bexar County, Texas, have been recognized as evidence-based ways of effectively combating behavioral health issues and jail overcrowding. Sebastian County Judge David Hudson served as chairman of NACo’s Justice and Public Safety (JPS) Committee. The JPS Committee meets with national experts to discuss important criminal justice, public safety and homeland security issues on behalf of the nation’s 3,069 counties, and it is responsible for developing NACo policy in these areas. Serving on a NACo Committee allows the county official direct access to evidence-based solutions to better serve your community and state. Judge Hudson learned in depth about these successful programs and traveled to San Antonio in 2010 to tour Bexar County’s operations. He presented Leon Evans, chief executive officer of The Center for Health Care Services in San Antonio, with recognition from NACo for the mental illness treatment programs Evans helped implement in Bexar County. Recently, several Community Mental Health directors, sheriffs, ASA Executive Director Ronnie Baldwin and I traveled to San Antonio to see the Bexar County, Texas, model of reducing jail and prison overcrowding. The programs for diversion and to address jail overcrowding in Bexar County were initially built upon Crisis Stabilization Units and Crisis Intervention Training (CIT). Following our report to a joint See
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COMMITMENT meeting of the CJAA and ASA executive boards, the boards voted to advocate for these vital programs to be commenced in Arkansas to immediately help combat our unprecedented local jail and state prison overcrowding crisis. We are committed to vigilantly impress upon the governor and general assembly the urgent need for regional Crisis Stabilization Units in Arkansas for use in placement of the mentally ill for medical clearance, assessment and direction into appropriate treatment. We are going to impress upon the governor and general assembly the urgent need for crisis intervention training (such as exists in 45 other states), which will train law enforcement to recognize encounters with the mentally ill and to deescalate confrontations with the citizenry in general. Finally, we continue to stress that in 2009 the National Alliance on Mental Illness (NAMI) graded Arkansas as an “F” in its report on America’s Health Care System for Adults with Serious Mental Illness. NAMI was explicit and identified the following urgent needs: “Evidence-based practices, crisis services, CIT and jail diversion and services for the homeless.” Without access and implementing the successes of others, will Arkansas be resigned to continue to suffer year after year from a chronic jail- and prisonovercrowding crisis? Will the general assembly undertake its responsibility under Article 19, Section 19 of the Arkansas Constitution to “provide for the treatment of the insane?” Or will the state of Arkansas continue to rank at the very bottom among the states for our system for treating the mentally ill? If the general assembly just restored the $7.9 million in funding it cut from Community Mental Health Centers
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in 2013, we could have regional crisis stabilization units in Arkansas. What has a greater priority than public safety? There is hope for our state. Absent commitment and follow through, Arkansas will be relegated to languish at the very bottom of these rankings among the states. However, the governor and general sssembly have committees working diligently for advancement on criminal justice reform, behavioral health, health care, highway/local road funding and 911 funding and efficiencies. We’re encouraged and hopeful about these task forces and working groups. The level of commitment many of our state and local official share is the catalyst for advancement. We desperately need this commitment to translate into action.
On the Web:
Look for the National Alliance on Mental Illness’ report Grading the States 2009 at
www.arcounties.org
Search “Grading the States.”
Sheriffs appear before task force
Craighead County Sheriff Marty Boyd, Crawford County Sheriff Ron Brown, Sebastian County Sheriff Bill Hollenbeck and Arkansas Sheriffs’ Association Executive Director Ronnie Baldwin appeared before the Behavioral Health Treatment Access Legislative Task Force on Wednesday, Aug. 12, 2015. The sheriffs discussed their experiences with mentally ill persons, testified that the mentally ill should be treated rather than imprisoned, and asked for funding to provide Crisis Intervention Training for law enforcement officers. The task force was created earlier this year by Act 895, or the Criminal Justice Reform Act of 2015. It and the Legislative Criminal Justice Oversight Task Force are working to find ways to deal with prison and jail overcrowding through implementation of mental health, drug treatment and job training reforms. “I need room in my jail for rapists, burglars, bad guys ...,” Sheriff Hollenbeck told the task force. 18
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Michigan vs. EPA: A significant first step to ending federal overreach?
Legal Corner
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he U.S. Supreme Court handed down several landmark In its study, the EPA estimated that decisions at the end of June 2015, covering a wide range the cost for power plants to implement of highly publicized issues such as same-sex marriage these standards would be $9.6 billion and the Affordable Healthcare Act. However, the one per year. While it could not “fully opinion issued June 29, 2015, that, for the most part, flew under the quantify” the benefits of the reduction radar of mainstream media coverage was Michigan v. Environmental of hazardous air pollutant emissions, Protection Agency. Of all the opinions that the Court handed down the EPA estimated the benefits to be in the final week of June, this decision that limits the ability of fed- worth $4 to $6 million per year. Yes, eral regulatory agencies to regulate entities without first considering you read that correctly — billion with the cost of compliance should perhaps be of the most interest to our a “B,” and million with an “M.” That LINDSEY BAILEY county governments. is a cost approximately 1,600 to 2,400 General Counsel To provide some background to this case, the Clean Air Act, first times greater than the quantifiable benpassed by the U.S. Congress in 1970 and amended in 1977 and 1990, efits of the regulations. In its study, but directs the Environmental Protection Agency (EPA) to regulate the notably not included in its “appropriate hazardous air emissions from stationary sources such as refineries and and necessary” finding, the EPA mentioned some ancillary benefits, factories. As a result of this act, the National Emissions Standards such as cutting emissions of particulate matter and sulfur dioxide for Hazardous Air Pollutants Program was implemented. Under this (pollutants not covered by the hazardous-air-pollutants program), inprogram, sources that emit more than 10 tons of a single pollutant creasing the EPA’s estimated benefits of the regulations to $37 to $90 or 25 tons of any pollutants billion per year. combined are called “major Twenty-three states (insources,” and the EPA is cluding Arkansas) and he Court is sending a clear message to all required to regulate them. various utility companies Alternatively, a source that joined as plaintiffs in chalfederal regulatory agencies that, at least does not meet that emislenging these regulations when its regulation must meet the threshold sions threshold is called an in Michigan v. EPA, which “area source,” and the prothe D.C. Circuit of Appeals of “appropriate and necessary,” the cost of implemengram requires the EPA to upheld. At the heart of this regulate an area source if it appeal was the EPA’s refusal tation and compliance with their standards borne by “presents a threat of adverse to consider cost when dethe entities being regulated must be considered before effects to human health or ciding whether to regulate the environment … warpower plants. In its final that regulation is permitted. ranting regulation.” appeal, the U.S. Supreme The Clean Air Act was Court overturned the lower amended in 1990 to also court’s decision, noting the subject fossil-fuel-fired power plants (“power plants” for short) to EPA “gave cost no thought at all, because it considered cost irrelevant various other regulatory requirements, with the expected result be- to its initial decision to regulate.” The Court went on to state that ing the reduction of power plants’ emission of hazardous air pollut- “agencies must operate within the bounds of reasonable interpretaants — but the extent of this expected reduction was unclear. Con- tion” when implementing laws, and that the “EPA strayed far beyond gress directed the EPA to perform a study of the anticipated hazards those bounds when it read [The Clean Air Act] to mean that it could to public health from the power plant emissions, and it and directed ignore cost when deciding whether to regulate power plants.” the EPA to regulate power plants under the Clean Air Act only if it Furthermore, the Court recognized that government agencies finds the regulations “appropriate and necessary” after considering have always considered cost in deciding whether certain regularesults of the study. tions were appropriate. It noted the “reality that ‘too much wasteful The EPA completed the study required in 1998, and in 2000 con- expenditure devoted to one problem may well mean considerably cluded that regulation of coal and oil power plants was “appropriate and fewer resources to deal effectively with other (perhaps more serious) necessary.” It reaffirmed this finding in 2012 and implemented what are problems.”’ The EPA presented a handful of reasons to the Court known as “floor standards,” or minimum emission regulations, for these why cost was irrelevant in its decision to regulate — all of which the plants to follow. First, the EPA found the regulation was “appropriate” Court found unpersuasive. because the plants’ emission of mercury and other hazardous pollutThe Court finished by stating, “[t]he Agency must consider cost ants posed risks to human health and the environment, and there were — including, most importantly, cost of compliance — before decontrols available to reduce these emissions. Second, it found regulation ciding whether regulation is appropriate and necessary.” This is the “necessary” because other programs implemented under the Clean Air sentence of the ruling that should catch the attention of, or even Act did not eliminate these risks. Additionally — and a key factor in the excite, our county government officials — even if power plants seem outcome of Michigan v. EPA — the EPA determined that “costs should not be considered” when deciding whether these power plants should See “EPA” on Page 61 > > > be regulated under this act.
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Law regarding county hospital management authority
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nder Arkansas law, the question of what entity has the authority to manage, control and operate the county hospital depends upon whether the county hospital facility has or has not been leased to a private hospital corporation. If the county hospital facility is leased to a private hospital corporation, the “management, control, and operation” is shifted to the board of directors of the private hospital corporation. After the county hospital facility is leased to a private hospital corporation, the lease agreement thereafter controls the relationship and neither the County Hospital Board of Governors nor the County Quorum Court is otherwise able to manage, control or govern the business affairs of the local (county) hospital. A.C.A. 14-263-103, 104, 105 & 106.
The County Hospital Board of Governs When Hospital is NOT Leased: The Arkansas General Assembly originally stated that all county hospitals would be governed by a County Hospital Board of Governors. “There is created in each county in this state owning a county hospital a board of governors which shall be charged with the responsibility of the management, control, and operation of the county hospital ... .” A.C.A. 14-263-103. The board of governors has “the duties of managing, controlling, and supervising the operation of the county hospital.” That would include, for example, hiring (or firing) the hospital administrator. The Private Hospital Corporation Board Governs When Hospital IS Leased: The Arkansas General Assembly has authorized the lease of a county hospital facility to a private hospital corporation. “Should the board of governors determine that it would be in the best interests of the citizens of the county that the hospital be operated or leased to an individual, a firm, or a corporation, the board of governors may contract or lease the equipment and hospital facilities to the individual, firm, or corporation for a period of time and for consideration and conditions the board of governors may deem wise, subject to approval of the contract or lease by the county judge and the quorum court of the county in which the hospital is located.” A.C.A. 14-263-106. Further, “the county may be the lessor of the hospital rather than the board” and,“[t]he existence of a board of governors is no longer required once the county rather than the board of governors has leased the
County Law Update
hospital facilities.” A.C.A. 14-263-103 and 106. The Lease Agreement Controls WHEN County Hospital Facility is Leased: Notice the law says “the board of governors may contract or lease the ... hospital facilities ... for a period of time and for consideration and conditions the board of governors may deem Mike Rainwater wise ... .” In other words, once the Risk Management lease agreement has been approved, Legal Counsel the conditions in that lease agreement thereafter control the relationship between the county and the private hospital board. If, to use the prior example, the lease agreement does NOT say the county quorum court gets to choose the hospital administrator (which it likely never would), then the private hospital board (and not the quorum court) thereafter gets to hire (or choose to keep or fire) the hospital administrator. “If the county rather than the board of governors leases the hospital facilities, the duties of managing, controlling, and supervising the operation of the county hospital shall be imposed upon the lessee ... . ... [T]he county, if it is the lessor, will thereafter be responsible for all matters pertaining to the lease, the facilities, and the lessee, including without limitation the renewal or extension of the lease or any conflicts that may arise pertaining to the lease or the lessee.” A.C.A 14-263-106. In other words, once the lease agreement has been approved, the new relationship is landlord and tenant and the lease agreement thereafter controls the details of the relationship. Board Functions: Hospital board functions include “employ[ing], in addition to other personnel, some competent person to act as administrative officer” and “managing, controlling, and supervising the operation of the county hospital” and “what policies and methods of operation shall be in the best interest of the hospital” and “the authority to make regulations, employ personnel, and prescribe any and all requirements and other matters pertaining to the operation of the hospital ... .” A.C.A. 14-263-105.
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Why is the AAC building busy?
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he Association of Arkansas Counties Risk Management Fund (AACRMF) was founded in 1986 and started operation in 1987. Since 1987, the AACRMF has prospered as a noninsurance risk management pool. Forty-six counties, as well as other county entities and more than 400 volunteer fire departments, participate in this pool. It is by design that the AACRMF is not “insurance.” It is a trust fund owned by member counties. That’s right, it is owned by member counties and governed by a board of seven trustees who are county officials. How does this work and how is it important to counties? As a non-insurance pool, the Risk Management Fund (RMF) is authorized to use governmental immunities as “coverage” provisions. You see, immunity that counties enjoy by right is waived when “insurance” is purchased. The AACRMF has been carefully crafted to give Arkansas counties self-insurance that is not “insurance.” Be assured, this concept has been tested in court. When challenged, the federal courts have held that it is not insurance and that immunities are not waived. In addition, in situations when immunity is not provided — such as liability under federal laws for which there is no state-law immunity — the AACRMF program provides protection. Furthermore, the AACRMF is not merely a defense fund program. The fund is prepared to pay damages in addition to defense costs. Mike Rainwater and his legal team along with AAC staff attorneys provide legal defense and claims adjustment services for the RMF General Liability Protection. Auto and property protection also are available. The auto claims are handled in house by AAC staff. Property claims are adjusted and paid in house as well. That is one reason the AAC building is busy. Since the AACRMF manages claims in house, efficiencies are built so that additional services can be provided to member counties. These are some of the services that member counties are afforded free of charge:
receive priority response with participation in the AAC Property Program. • Guardian Inmate tracking system. This system is 20 times faster and more defensible than a barcode. • Codification of county ordinances. Accessing your ordinances is made efficient by the AAC compiling your substantive county ordinances and codifying them into a single-bound volume.
Savings times 2
Wallet & waistline
Becky Comet AAC Member Benefits Manager
In addition to all these services, members that participate in all three AACRMF services (General Liability, Auto and Property) receive a 10 percent auto discount. You have to love a good discount. The RMF is designed to use the sum total of experiences, problems and solutions of one county in order to pass on help and advice to all other member counties. Employee discipline and dismissal advice and assistance is provided to members without any charge. The purpose is to avoid claims. The program has been effective when pre-claim advice is sought. The RMF sees its job as helping county officials do all they can do within the limitations imposed by the constitution and laws. Having 46 counties to work with — and in working with counties for 29 years — the AACRMF has been effective in avoiding liability in the employment arena, in particular. This is yet another reason the AAC building is busy. More counties and more experiences equal more solutions. The AAC building is busy in order to help counties in as many ways as possible. The AACRMF can provide general liability, auto, and property coverage at a competitive rate. On top of competitive rates, we provide services like codification, Guardian RFID, CDL • CDL drug testing with participation in the RMF drug testing and POM emergency restoration services Auto Program through Metro. If that’s not enough, an amazing staff and incredible attorneys are available to guide counties • Partnership with Metro to provide Peace of Mind through just about any situation. Yes, The AAC building (P.O.M.) emergency claim services. RMF Members is busy ... for the benefit of the counties of Arkansas.
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‘Stump speech’ about budgeting
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t’s that time of year again. Time for me to get on a stump — time for the “wailing and gnashing” about what is needed for sound county budgeting. To the younger political generation, I may need to first expound a little about the definition of a stump speech. “Stump speech” is a term used today to describe a candidate’s standard speech, but in the 19th century the phrase held a much more colorful meaning. The terminology became widespread in the early decades of the 1800s, and stump speeches got their name for a good reason: they often would be delivered by candidates who stood atop a tree stump. The ability to give an effective stump speech was considered an essential political skill. Although a candidate usually did his homework and peppered the speech with local references, most of the speech remained identical from day to day. The need for a stump speech stems from a desire to keep candidates focused on their message and to consistently present certain arguments or point out certain aspects of their political platform. My old “stump speech” about county budgeting may be rather standard — but I want to pepper it with some ideas and tools that should help counties develop a plan that will bring them back from the brink of financial disaster. I know some think I’m using a soap box — but I prefer to think of this as my “stump speech.” It is no easy task to run a county government — and we have 75 of them in Arkansas ranging in population from about 5,400 to almost 383,000. With dwindling resources, the task becomes even tougher. Most counties are struggling, especially in the area of general operations, which covers many areas of required services. What are the required areas of service? They are these, as set forth in Arkansas law in § 14-14-802(a): 1. The administration of justice through the several courts of record of the county; 2. Law enforcement protection services and the custody of persons accused or convicted of crimes; 3. Real and personal property tax administration, including assessments, collection, and custody of tax proceeds; 4. Court and public records management, as provided by law, including registration, recording, and custody of public records; and 5. All other services prescribed by state law for performance by each of the elected county officers or departments of county government. Everything else that a county can legally provide for its residents is secondary and can be found listed in § 14-14-802(b). A variety of pressures affect county government finances, including declining or static tax bases, stagnant levels of state aid, escalating healthcare and employee benefit costs, the lack of mandate relief, the need to ensure costly public safety and one that 22
Seems To Me...
many probably don’t think of — too many rigidly restricted revenues. The latter is a very real obstacle to appropriating and expending money where it’s needed, but by no means is it the only culprit. County government, more than any other level of government, is expected to provide more for less. County government provides Eddie A. Jones for every citizen of the county — County Consultant even those within municipalities. County government serves the entire populace of Arkansas just as the state of Arkansas does. Understanding the financial condition of their county government is important for elected officials as they work to align revenues with public demands for services while maintaining financial solvency. This task becomes even more important when the economic and financial environment, over which you have little to no control, goes up and down like a yoyo. And it’s been down more than up in recent years. The Governmental Accounting Standards Board (GASB) defines a government’s financial condition as “a composite of a government’s financial health and its ability and willingness to meet its financial obligations and commitments to provide services.” The challenge in conducting these analyses then becomes how to appropriately measure these concepts. I’ll just flat tell you, that’s way beyond this old country boy’s pay grade. I believe what we have to do here in Arkansas to achieve better and realistic county budgets that will help put our counties back on sound financial ground is use some good common sense. You do it this way. You use common sense to: • Discipline yourself to spend the time to learn and understand the county’s financial condition, including the monthly flow of expenditures, the flow of revenues, the revenues available to a county, whether those revenues have been availed for the county, how those revenues can be spent, what the county must fund, what the county does not have to fund. In other words, get a handle on the county budget process and what’s available. Know the law inside and out in order to maximize the funding available to your county. • Be creative in solving your problems. Many of us fall into the trap of doing things the same old way. Just because it’s always been done that way in your county doesn’t mean it should still be done that way. There may be a better way. If there’s a better way to do it and stay within the law, then do it. Do what is in the best financial interest of the county and still provide necessary services and compensate fairly. COUNTY LINES, SUMMER 2015
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• Leaders have to be willing to make tough decisions. There are counties today in Arkansas that are at the point of collapse because tough decisions have been delayed too long. The decisions should have been made several years ago to avert the current financial crisis. You can bellyache all day about what should have been done four years ago, but it wasn’t. So those of you in office now have to make the decision. It needs to be made forthwith. But make sure you are making a well-reasoned financial decision for your county. Don’t make a rash decision or a decision based on personalities. You were elected to make good and right decisions for all residents of your county.
use of carryover fund balances and other one-shot revenues is a county that has repeatedly failed to address the recurring structural imbalance in its annual budget. At the end of the rope the result is a county that has depleted its reserves and now has to replace those revenue sources or cut services to balance the budget. Dependence on surplus dollars to cover operating costs will be short-lived at best. It will cripple a county financially, and we have many financially crippled counties in Arkansas. I realize that it is difficult to imagine making a county budget without relying on the assistance of surplus dollars. It may be next to impossible to cut it out completely all at once for the vast majority of Arkansas counties that have historically used In an attempt to close budget gaps for the 2016 budget year, carryover fund balances to make the following year’s budget. many Arkansas counties will have to consider job cuts, service re- But it can be done. That’s where the discipline, creative problem ductions, property or other tax increases, fee and/or fine increases solving and tough decision making come in. Counties of Arkanallowed by law — or a combination of these measures. Establish- sas will not become structurally balanced financially and have ing a successful financial course for any county in these challengcontinuous positive cash flow until they refrain from relying on ing times requires all of those things I mentioned — discipline, carryover fund balances and other one-shot money sources for creative solutions and ongoing budget expenses. tough but fair decisions. If a county must rely While every budget partially on the assistance has a number of “atof surplus dollars, it needs risk” items, any budget to be a managed use — a ounties of Arkansas will not beadopted in a time of ecopart of a county’s multi-year come structurally balanced finannomic insecurity should budget plan. A multi-year not include optimistic plan will help a county imcially and have continuous positive revenue projections. A prove its fiscal management. cash flow until they refrain from relying on flush revenue forecast While one cannot ignore the may make it easier to external factors that force carryover fund balances and other one-shot make a budget — but, the issue of appropriating will probably prove to be at least part of the carryover money sources for ongoing budget expenses. impossible to maintain. fund balances, there are a When you have one or few things that can be done two sources of revenue to mitigate the adverse efthat provide a large perfects of such a decision. centage of any budget, such as a sales tax, be extremely cautious. You cannot afford to be overly optimistic. A budget is only as • Use one-shot money on one-shot expenses. Use it for good as the revenue forecast on which it is built. Hope for the infrastructure or capital items that won’t have to be replaced best — plan for the worst. for a number of years. Don’t use one-time money for on-going One of the worst budget habits that counties have developed operations. What source of revenue will you have to fund that — and the State of Arkansas has started doing it, too — is the operation in the next budget cycle? reliance on one-time money for on-going expenses. It may buy a little time, but it is not the solution. Using one-time money to • Don’t use all of the available resources at once. Use the fund initiatives that result in recurring costs is a slippery slope minimum that can be afforded after strategically reducing, cutthat will lead to a structurally unbalanced budget. Unrestricted, ting, and consolidating wherever possible. unappropriated carry-over fund balances seem to be screaming, “Use me. Use me. I’m the easy answer to your problems.” • Keep a record of a multiple year trend of the available carThat’s exactly what they are — the easy answer. But they are ryover fund balances. At most, the appropriation thereof should not a good answer. The problem with using a carryover fund not exceed the county’s trend. And absolutely never appropriate balance or any other one-time money source to finance recurring the full 90 percent allowed by law of a carryover fund balance. expenses is that it’s a temporary fix to a permanent problem. The [Yes, the 90 percent Rule applies to carry-over balances — AG deficit being plugged will continue to exist long after the once Opinion No. 1986-51.] It is the building of a carryover fund available funds have been depleted. Appropriating a carryover balance that can and should become your county’s reserve for fund balance for ongoing operating expenses should be looked at emergency situations. And those emergency situations do arise. as the deferment of a tax increase or a service reduction. A county that year after year develops a budget calling for the See “SPEECH” on Page 24 > > >
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SPEECH Arkansas law [Arkansas Code § 14-21-106] actually ascribes the term “surplus” to any moneys left remaining unexpended and unappropriated in any county fund from any previous year. In accordance with law the county court, the county judge in his/her judicial capacity, may enter a court order to add the surplus to the respective funds of which the surplus remains unexpended and use it as revenue for the current fiscal year. So, it is actually the county judge who gets to decide whether or not to use the surplus or carryover cash from any fund in making the current year budget. More county judges should exercise the authority this law provides to hold back all or part of the carryover fund balances to put the county in a better financial operating position — especially as it relates to cash flow and preparation for emergencies. The counties with the best cash flow, of course, are the very few that do not use the carryover cash balances to make their budget for the following year. They use it as a “surplus” or “reserve,” as the law intended, to make additional appropriations during the course of the year as unexpected needs arise for capital expenditures, infrastructure expenses and other emergency type expenditures. Using the carryover fund balances recklessly does not exonerate or absolve the sin of bad finance management and budgeting. It simply buys a little time. If a county will still be in the same or possibly a worse situation once the clock has run out, using the fund balance will prove moot. Deferring the inevitable impact of overreliance on fund balances is synonymous with mortgaging the future. Counties should deal with current problems with current resources. This means saying “no” to frivolous expenses, unnecessary projects and unsustainable tax/revenue reductions — and saying “yes” to available revenue sources such as fees and fines allowed by law, sales taxes and even the dreaded property tax for those counties that have not maximized their general and road millage ... and there are still several counties that have not. By the way, the property tax is the most reliable and constant source of revenue in good times and bad. And remember, the law clearly defines those things that a county must fund and those things a county may fund — but are not required to [A.C.A. 14-14-802]. A county must prioritize! Don’t try to fund more than you have finances for. A woman proudly told her friend, “I’m responsible for making my husband a millionaire.” “Well, what was he before he married you?” the friend asked. “A billionaire,” she replied. Don’t be a county or district official that takes a county backwards financially. There are many new and relatively new county and district officials in the state of Arkansas, so I know there is a lot to be learned. Be a student so long as you still have something to learn, and this means as long as you serve. There is so much county law to learn and many laws change every time the legislature meets. So, even if you knew it all, you wouldn’t know it all very long. 24
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Well, that’s one of my standard “stump speeches” concerning county budgeting. I am fully aware that I’m no Abraham Lincoln who was known as a skilled stump speaker with his droll ways and dry jokes. A classic story about Lincoln described an incident that occurred “on the stump” when he was 27 years old and still living in New Salem, Ill. Riding into Springfield, Ill., to give a stump speech on behalf of the Whig Party in the 1836 elections, Lincoln heard about a local politician, George Forquer, who had switched from Whig to Democrat. Forquer had been generously rewarded, as part of the Spoils System of the Jackson administration, with a lucrative government job. Forquer had built an impressive house, the first house in Springfield to have a lightning rod. That afternoon Lincoln delivered his speech for the Whigs, and then Forquer stood to speak for the Democrats. He attacked Lincoln, making sarcastic remarks about Lincoln’s youth. Given the chance to respond, Lincoln said, “I am not so young in years as I am in the tricks and trades of a politician. But, live long or die young, I would rather die now, than, like the gentleman ...” (At this point Lincoln pointed at Forquer.) “... Change my politics, and with the change receive an office worth three thousand dollars a year. And then feel obliged to erect a lightning rod over my house to protect a guilty conscience from an offended God.” From that day forward Lincoln was respected as a devastating stump speaker. I believe all would agree that keeping our counties running efficiently, effectively and financially sound is a painful process, requiring shared sacrifice and pain. Making tough choices is what county and district officials do to keep counties solvent and moving forward. As an elected official you took an oath of office that binds you to uphold the law and perform the duties of your office. You did not have to swear to please everyone. Elected officials are elected to perform first and foremost. Pleasing everyone is a luxury no county can afford. County budgeting is an intricate process — a laborious process — but a necessary process. You must spend the time and make the effort to develop a solid financial plan and county budget. Like many other things, county budgeting requires pure common sense. Use that common sense to: (1) Discipline yourself to actually spend the time and exert the effort to learn and understand the county’s financial condition; (2) Be creative, but lawful, in solving your problems; and (3) Be willing to make the tough decisions that have to be made to put your county on solid financial footing. All county and district officials must be cognizant of the fact that you are together on the same ship. If the ship goes down, everyone goes down. The people of your county suffer. Be real leaders. Make the decisions that will keep the ship afloat. Don’t buy a little time. Find a real solution. Now, for the erection of a lightning rod over my house! COUNTY LINES, SUMMER 2015
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AAC names 2015 scholarship recipients
Occupational therapy, mechanical engineering among their fields of study
T
he Association of Arkansas Counties recently announced its 2015 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 $170,000 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.
Allie McCourt
Courtney Curry
sor Nicki Evans. Bailey plans to attend the University of Central Arkansas to pursue a Masters in Occupational Therapy.
County Deputy Collector Pauline Tittle. Larken will attend Harding University and plans on a career in nursing.
• Allie McCourt – Allie graduated from Western Yell County High School this year and is the stepdaughter of Tammy McCourt, Yell County Deputy Clerk. She will attend the University of Arkansas this fall to pursue a degree in chemistry and pre-pharmacy
• Courtney Curry – Courtney graduated in 2015 from Magnolia High School. She is the daughter of Columbia County Deputy Clerk Lynsandra Curry. Courtney will attend the University of Arkansas at Little Rock to pursue a degree in dentistry.
Kurtlyn Givens gomery County Road Department employee. Seth will attend Arkansas Tech University as he pursues a degree in mechanical engineering • Kurtlyn Givens – Kurtlyn is a 2015 graduate of Arkadelphia High School and is the granddaughter of deceased Clark County Justice of the Peace Mac Neel. Kurtlyn will attend Louisiana State University for her degree in animal science. • Spencer Vaughn – Spencer graduated from Westside High School in 2015 and is the son of Craighead County Sheriffs’ Deputy David Vaughn. Spencer has plans to attend Arkansas State University while pursuing a marketing degree.
Bailey Evans
Larken Pew
Seth Powell
• Bailey Evans – Bailey is a 2015 graduate of Vilonia High School and the daughter of Faulkner County Deputy Asses-
• Larken Pew – Larken is a 2015 graduate of Russellville High School and the greatgranddaughter of retired Saline
• Seth Powell – Seth graduated in 2015 from Caddo Hills High School and is the son of Rod Powell, a Mont-
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• Kaitlyn Dahlke – Kaitlyn is a 2014 graduate of Ouachita High School and the granddaughter of Hot Spring County Treasurer Mary Cansler. Kaitlyn will attend Henderson State University to pursue a Masters in Nursing. This is the second year Kaitlyn has received an
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AAC scholarship. • Kassy Ballard – Kassy is a 2015 graduate of Greenwood High School and the grandchild of retired Sebastian County Judge’s Administrative Assistant Suzanne Ballard. Kassy will attend the University of Arkansas at Fort Smith, where she will pursue a degree in health sciences. Kassy is this year’s recipient of the Matt Morris Scholarship. The scholarship was established following the death in 1999 of Matt Morris. Matt was the son of Searcy Mayor David Morris, who is a former AAC employee. Matt was an Arkansas Razorback baseball recruit. The scholarship is
Kassy Ballard 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
Katherine Kemp Matt, either through their sports involvement or by helping others. • Katherine Kemp – Katherine is a 2014 graduate of
Conway High School and the granddaughter of deceased Independence County Justice of the Peace James Kemp. Katherine is attending Ouachita Baptist University, where she is pursuing a degree in mass communications. This is the second year Katherine has received the Kemp Scholarship. Katherine is the great-niece of the scholarship’s namesake, Randy Kemp. Randy served as AAC communications director from July 2008 until his death in August 2011. The scholarship is funded exclusively by the annual AAC golf tournament and awarded each year to an applicant who plans to study journalism or mass communications.
Past AAC scholarship recipients 1986 Tommy Powell 1987 Timothy Scott — son of Terry Scott, Polk County J.P. 1988 Sally Ruth Pace — daughter of Leola Pace, Drew County J.P. 1989 Tommy Stevens — son of Tom and June Stevens, Lafayette Co. Circuit Clerks, $1,000 Tammy Smith — daughter of Bob Smith, Craighead County Deputy Sheriff, $1,000 1990 Tanya Kelly Felts — daughter of Susan Felts, Mississippi Co. Dep. Assessor, $1,000 1991 Tanya Kelly Felts — daughter of Susan Felts, Mississippi Co. Dep. Assessor, $1,000 Denise Templemeyer — daughter, Pattilee Templemeyer, Washington Co. OES, $1,000
Michael Hathorn — son of Herb Hathorn, Madison County Judge, $1,000
Sara Alverson — granddaughter of Wetzel Stark, Cleburne County Circuit Clerk, $500
Regina Long — daughter of Robert Long, Jefferson County Road Dept., $500
Ryan Stokes — son of Judy Stokes, Pike County AA to Judge, $500
Reginald Henderson — son of Charles Henderson, Little River County J.P., $500
1995 Jody Swaffar — son of Rita Swaffar, Cleburne County Treasurer, $500
Holly Walker — daughter of Linda Walker, Garland County AA to Judge, $500
1993 Ryan Stokes — son of Judy Stokes, Pike County AA to Judge, $1,000
Sorronto Aubrey — son of David Fielding, Columbia County J.P., $500
Kevin Manchester — son of Lavern Manchester, Clay Co. J.P., $500
Rebekah Fair — daughter of Jim Fair, Baxter County J.P., $500
Rebekah Fair — daughter of Jim Fair, Baxter County J.P., $500
Kelly McClendon — daughter of Cindy McClendon, Lafayette Co. Dep. Assessor, $500
Jennifer Lamkin — daughter of Preston Lamkin, Ouachita Co. Road Dept. , $500
Jeremy Campbell — grandson of Nancy Elrod, Saline County Collector, $500
Heather Powell — daughter of Joe Powell, Franklin County Judge, $500
Angela Downing — daughter of Marilyn Downing, Izard County Deputy Collector, $500
1997 Brandi Titus — daughter of Sheila Titus, Sharp County AA to Judge, $500
Russell Hatridge — son of Raymond Hatridge, Little River County J.P., $1,000 Freeman Henderson — son of Dian Henderson, Pike County & Circuit Clerk, $1,000 Gregory Jeffery — son of Linda Jeffery, Izard Co. Treasurer, $1,000 1994 Tina Riley — daughter of Nina Riley, Crittenden County Deputy Collector, $1,000 Michael Hathorn — son of Herb Hathorn, Madison County Judge, $1,000
1992 Ryan Stokes — son of Judy Stokes, Pike County AA to Judge, $1,000
Gregory Powell — son of Joe Powell, Franklin County Judge, $500
Chad Oglesby — son of Mike Oglesby, Pike County Sheriff, $1,000
Kevin Manchester — son of Lavern Manchester, Clay County J.P., $500
COUNTY LINES, SUMMER 2015
Sally Sanders — daughter of Janie Sanders, Marion County Collector, $500 Casey Wiedower — daughter of Johnny Wiedower, Faulkner Co. Road Dept., $500 Jennifer Lamkin — daughter of Preston Lamkin, Ouachita Co. Road Dept., $500
See
1996 Maria Bogachova — daughter of Patrick Campbell, Craighead County 911, $1,000 Amy Henderson — daughter of Dian Henderson, Pike County and Circuit Clerk, $500
Tawnya Weaver — daughter of Jeff Weaver, Marion County J.P., $500 Amanda Collins — daughter of the late Jack Collins, Izard County Sheriff, $500 Jennifer Lamkin — daughter of Preston
“SCHOLARSHIPS” on
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SCHOLARSHIPS
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Lamkin, Ouachita Co. Road Dept., $500
Crawford Co. Clerk, $500
Amy Henderson — daughter of Dian Henderson, Pike County & Circuit Clerk, $500
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Dep. Clerk, $750 Matt Morris Scholarship
Adam Hampton — son of Cathy Hampton, Greene Co. Deputy Assessor, $500
2002 John William Villines – grandson of Yvonne Herron, Carroll County J.P., $750 Matt Morris Memorial Scholarship
Sara Winston — daughter of Belinda Winston, Cleveland Co. Asst. Co. Librarian, $500
Shayne Wargo — grandson of Charles Denver, Desha Co. J.P., $500
Ashley Nicole Miller – daughter of Judith Miller, Sebastian Co. Deputy Treasurer, $750
Courtney Sivley – daughter of Deanna Sivley, Little River Co. Deputy Collector, $750
Joshua Allen — son of Dewayne Mack, Pike County J.P., $500
Jill McElrath — dauther of Julia McElrath, Pulaski County & Circuit Clerk Deputy, $500
Jamie L. Harness – daughter of Wesley Smith, Searcy County and Circuit Clerk, $750
2005 Krystal Venable – daughter of Tim Venable, Polk County Road Department, $1,000
Suzanne Carter — daughter of Pat Carter, Bradley Co. Deputy Treasurer, $500
Jeffrey Fratesi — son of Larry Fratesi, Jefferson Co. Assessor, $500
Ashley R. Webb – granddaughter of Darlene Sinyard, Hempstead Co. Assessor, $750
Michelle McGowan — granddaughter of Buster Perkins, Desha County J.P., $500
Carrie Rushing — daughter of Anthony Green, Stone Co. Road Dept., $500
Chastity D. Schmalz – daughter of DeAnna Schmalz, Franklin County Deputy Clerk, $750
Kelly McClendon — daughter of Cindy McClendon, Lafayette Co. OES employee, $500
2000 Chalice A. Surratt – stepdaughter of Jim Neugent, Polk Co. J.P., $1,000
Brittney Sanders – granddaughter of Jesse Sanders, former Lafayette Co. Judge and current J.P., $750
Tori Nichole Watkins – daughter of Jerry Watkins, Polk Co. J.P., $1,000
Shakira Nicole Winfield – daughter of Linda White, Phillips County Clerk, $1,000
Brandi N. Chandler – daughter of Rita Chandler, Pope Co. Deputy Collector, $750
Debbie Rosenbaum – granddaughter, Betty Woodley, Pike Co. Dep. Treasurer, $1,000
Whitney Laine Hickey – granddaughter of Zula Walker, Columbia Co. Child Welfare employee and daughter-in-law of Brenda Hickey, Columbia Co. Collector, $1,000
Eric Moffett – son of Jay Moffett, Madison County Assessor, $750
Elisabeth Bascue – daughter, Marcia Fowler, Lafayette County Deputy Assessor, $1,000
Amanda Kelley – granddaughter of Jimmy Glover, Jefferson County J.P., $1,200 A.A. “Shug” Banks Memorial Scholarship
Amanda Harrell – granddaughter of Jimmy Glover, Jefferson Co. J.P., $1,000
1998 Brenda Branscum — current part-time secretary to Stone County Judge, $500 Kristin Payne — daughter of Carol Payne, Mississippi County Deputy Assessor, $500 Sarah Hollingsworth — daughter of MaryBeth Hollingsworth, Calhoun County Deputy Assessor, $500 Tawnya Weaver — daughter of Jeff Weaver, Marion County J.P., $500 Aaron Stewart — son of Angela Stewart, Calhoun Co. Treasurer, $500 Jennifer Lamkin — daughter of Preston Lamkin, Ouachita Co. Road Dept., $500 Jennifer Jackson — daughter of Phil Jackson, Carroll Co. Judge, $500 David Taylor — son of Debbie Taylor, Mississippi Co. Dep. Treasurer, $500 Jenny Jones — granddaughter of Willa Dean Spath, Lee County Circuit Clerk, $500 David McCarter — son of Tammy McCarter, Montgomery County Dep. Clerk, $500
Andrea Michelle Cheramie – daughter, Teresa Cheramie, Drew Co. Dep. Assessor, $1,000 Sarah Dee Langford – daughter of Rayburn Langford, Cleveland Co. Treasurer, $1,000 Jenny Lynn Jones – daughter of Willa Dean Spath, Lee County Circuit Clerk, $1,000 Sarah Houston – daughter, Herman Houston, Johnson Co. J.P., $1,000 Don Bevis Mem. orial Scholarship Anna Marie Bright – daughter, Deborah Bright, Lafayette Co. Dep. Clerk, $1,000 Matt Morris Memorial Scholarship 2001 Amy DeNeal Withers – daughter of Audrey Withers, Drew County Deputy Circuit Clerk, $750 Matt Morris Memorial Scholarship
1999 Avonia Durby — daughter of Samuel Washington, Chicot Co. Sheriffs Deputy, $250
Sara Kay Ballard – daughter of Linda Ballard, Pike County and Circuit Clerk, $750
Brandi Johnson — daughter of Floyd Johnson, Craighead County Sheriff, $250
Sarah Dee Langford – daughter of Rayburn Langford, Cleveland County Treasurer, $750
Amber Winters — daughter of Jay Winters, Pope Co. Sheriff, $250
James A. Saling – son of Sandy Thornton, Hot Spring County Deputy County Clerk, $750
Jenny Lynn Jones — granddaughter of Willa Dean Spath, Lee Co. Circuit Clerk, $500
Jennifer Holcomb – daughter of Warren Holcomb, Sebastian Co. J.P., $750
2003 Angela N. Fletcher – daughter, Bill & Jane Eddings, Crittenden Co. Assessor and Dep. Assessor, $750 Matt Morris Scholarship LeAnn Lockhart – daughter of Jimmie Lockhart, Cleveland Co. Road Crewman, $750 Sara West – daughter of Renee West, Cleburne Co. Dep. Clerk, $750 Kristen White – stepdaughter of Juanita White, Baxter County/Circuit Clerk Deputy, $750 Dustyn C. Priest – grandson of Sharon Oglesby, Little River Co. Collectors Office, $750 Heather K. Jones – daughter of Kimberly Trump, Mississippi Co. Dep. Assessor, $750 Derrick Lee Sims – son of Donna Sims, Cleveland Co. Dep. Assessor, $750 Erin E. Griffen – granddaughter of Harvey Ham, Lafayette Co. J.P., $750 2004 Jennifer Carleton – daughter of Dee Carleton, Marion County and Circuit Clerk, $750 Tiffany Cockrum – granddaughter of Mary Nell Lee, Calhoun Co. Deputy Treasurer, $750
Amanda Kelley – granddaughter of Jimmy Glover, Jefferson Co. J.P., $750
Ashton Durham – daughter of Jill Preskitt, Little River Co. Dep. Clerk, $1,000 Ryan Lee Blankenship – son of Gail Blankenship, Greene Co. Dep. Circuit Clerk, $1,000
Autumn Sullivan – daughter of Stacey and Stacey Sullivan, Jackson County Dep. Assessor and Dep. Sheriff, $1,000 Andrew Easton Memorial Scholarship Colby Lane – grandson, Rheta Gossett, Sebastian Co. Dep. Assessor, $1,000 Matt Morris Memorial Scholarship. 2006 Hallie Tolley – granddaughter of Lillian Tolley, retired Perry County Treasurer, $1,000 Whitney Jones – daughter, Trina Jones, Van Buren Co. Dep. Assessor and newly elected Assessor, $1,000 Ryan Blankenship – son of Gail Blankenship, Greene Co. Deputy Circuit Clerk, $1,000 Marina Garcia – daughter of Candi Garcia, Craighead Co. Dep. County Collector, $1,000 Maegan Reynolds – daughter of Carla and Jimmy Ervin, White Co. Dep. Clerk and Dep. Sheriff, $1,000 Taren Massey – granddaughter of Delmer Massey, II, Greene Co. Road Dept., $1,000 Kristyn Shinn – granddaughter of Pattie Shinn, Madison Co. J.P., $1,000
Mark Spears — son, late Mark A. Spears, Little River Co. Child Support Attorney, $500
Heather Tackett – daughter of Max Tackett, Howard Co. Judge, $750
LeAnne Fletcher – daughter, Bill and Jane Eddings, Crittenden Co. Assessor and Dep. Assessor, $750
Dustin Wilcox — son of Mark Wilcox, Faulkner Co. Collector, $500
Jessica A. Grissom – daughter of Cheryle Grissom, Mississippi Co. Dep. Assessor, $750
Scarlett Fletcher – daughter of Lynn Fletcher, Lonoke Co. Judge’s Secretary, $750
Lance Carpenter — stepson of Joe Powell, Franklin Co. Judge, $500
Whitney Laine Hickey – granddaughter of Zula Walker, Columbia Co. Child Welfare employee and daughter-in-law of Brenda Hickey, Columbia Co. Collector, $750
Stacey Grantham – granddaughter of Aline Ellenberg, Arkansas County Clerk, $750
Bradley Martin – son, Karen Martin, Pope Co. Assessor, $500 Bobbye McAlister Memorial Scholarship
Andrew Jett – son of Lisa Jett, Clay Co.
Brittney Belcher – daughter, Hope Burk-
Jennifer Anne Brown — employee of
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Ryan Bell – son of Sherry Bell, Columbia Co. Clerk, $1,000 Matt Morris Mem. Schol.
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SCHOLARSHIPS
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man, Clay Co. Dep. Collector, $500 Bobbye McAlister Memorial Scholarship
Co. Dep. Collector, $1,000 Bobbye McAlister Mem. Schol.
2007 LeAnne Fletcher – daughter, Bill & Jane Eddings, Crittenden Co. Assessor and Dep. Assessor, $1,000
2009 Jeremy Crespino – son, Susann Crespino, Marion County/Circuit Clerk Dep. Clerk, $1,000 Matt Morris Memorial Scholarship
Jeb Little – grandson, Catherine Richard-
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Kemp Memorial Scholarship
son, retired Bradley Co. Circuit Clerk, $1,500 2013
Paige Waddle – daughter of Shelly Waddle, Garland County Deputy Assessor, $1,000
Paige Waddle – daughter of Shelly Waddle, Garland County Deputy Assessor, $1,000
Nicole McCutcheon – daughter of Melissa Clark, Washington Co. Dep. Collector, $1,500 Ryan Watson – son of Robin Watson, Madison County Deputy Clerk, $1,500 David Ferguson – grandson of William Ab-
Stephen Graham – son of Pam Graham, Jackson County Circuit Clerk, $1,000 Dexter Grantham – grandson of Aline Ellenberg, Arkansas County Clerk, $1,000
Shirleta Lee – daughter of Shirley Lee, Monroe County Deputy Collector, $1,000 Bennie Kirk – son of Michele Kirk, Madison County Deputy Clerk, $1,000
Kathryn Holcomb – grandchild of Warren Holcomb, Sebastian Co. J.P., $1,000
Westin Taylor – granddaughter of Duford Taylor, retired Searcy County Judge, $1,000 Hayden Southern – grandson of Diane Fletcher, Lafayette County J.P. and retired County Clerk, $1,000
Kayla Caldwell – daughter of Tim and Connie Caldwell, Cleburne County J.P. and Deputy Collector, $1,000
Kristin Land – granddaughter of Roy Ham, retired from Clark County Road Dept., $1,000
Mark Lane – son of Penny Lane, Crawford Co. J.P., $1,000 Matt Morris Memorial Scholarship
Leah Fletcher – daughter of Georgia Brown, Sebastian Co. Sheriff’s Office, $1,000
Kristen Elrod – granddaughter, Nancy Elrod, retired Saline Co. Collector $1,000 Bobbye McAlister Memorial Scholarship
Christopher Morgan – grandson of Linda Morgan, Union County Treasurer, $1,000
2008 Katelyn McGuire – granddaughter, Pat McGuire, Garland Co. Dep. Assessor, $1,000
Nick Weidman – son, Shawn Looper, Sebastian Co. J.P. & grandson, Jeanne An-
Callie Phifer – employee of Saline County Circuit Clerk, $1,000 Shelby Phipps – granddaughter of Hilde Clark, Washington Co. Comptroller, $1,000 Amy Smedley – daughter of Stuart Smedley, Garland County Coroner, $1,000 Megan Grantham – granddaughter of Aline Ellenberg, Arkansas County Clerk, $1,000 Mallory Nash – granddaughter of Barbara Belcher, Monroe County Deputy Clerk, $1,000 Anderson Penix – grandson of Bob Penix, Jackson County J.P., $1,000 Debbie Rosenbaum – granddaughter, Betty Woodley, Pike Co. Dep. Treasurer, $1,000 Michael McWilliams – son of Mike McWilliams, Columbia Co. Dep. Sheriff, $1,000 Corinne Olic – daughter, Robert Olic, Washington Co. Road Dept., $1,000 Matt Morris Memorial Scholarship Jared Eubanks – son, Pam Eubanks, Perry
Sara Loe – daughter of Michael Loe, Columbia County Sheriff, $1,500 Lacy Villines – granddaughter of Jolena Breedlove, Newton County Treasurer, $1,500 Elizabeth Fite – granddaughter, Alfred
Candace Baker – daughter of Geraldine Baker, Pulaski Co. Deputy Clerk, $1,000 Ward Reynolds – grandson of Shirley Reynolds, Lincoln Co. Deputy Clerk, $1,000 Mary Lauren Robbins – daughter, Nancy Robbins, Craighead Co. Dep. Clerk & granddaughter, Janiece Robbins, Craighead Co. Collector, $1,000 Joanna Curtis – daughter of Doug Curtis, Saline County J.P., $1,000 Adam Simino – son of Scotty Simino, Craighead County Road Dept., $1,000 David Blackburn – son of Roberta Nagy, Clay County Sheriff’s Dept., $1,000
morial Scholarship 2012 Lauren Harvey – daughter of Terah sor, $1,500 Rachel Tucker – granddaughter of Norma Castleberry, retired Dallas County and Circuit Clerk, $1,500 Joseph Korkames – son of Kimberly
Regan Renfro – granddaughter, Margie Wells, Clark Co. Sheriff’s Dept., $1,000 Matt Morris Memorial Scholarship
Courtney Wetherington – daughter of Bill Wetherington, Polk County Road Foreman, $1,500 Katie Brech – granddaughter of John L. McClellan, Cleveland County J.P., $1,500 Coleman McRae – son of Sharon McRae, Sevier County Deputy Collector, $1,500 Sara Loe – daughter of Michael Loe, Co-
Melanie Herring – daughter of Donald R. Herring, Cleveland County J.P. ,$1,500 Deidre Holben – daughter, Larry Holben, Johnson Co. J.P., $1,500 Matt Morris Schol.
2011 Kayla Gibson – granddaughter of Nora Gibson, Jackson County Assessor, $1,500
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Silas Clark – son of Sharon Clark, Pope County Deputy Collector, $1,500 Shelby Sturgis – granddaughter of Doylene Watts, Drew Co. Deputy Clerk, $1,500 Matthew Lincoln – son of Michael Lincoln, White County Judge, $1,500 Nicholas Rice – grandson of Douglas Wayland, Lawrence County J.P., $1,500 Brianna Boyd – daughter of Robert Boyd, Madison County Sheriff’s Captain, $1,500 Aron McDonald – grandson of Betty Harper, Howard County Deputy Treasurer, $1,500 Clayton Booth – son of Thomas Booth, Pulaski Co. Deputy Assessor, $1,500 Matt Morris Memorial Scholarship Karen Ricketts – daughter, Laura Ricketts, Franklin Co. Dep. Treasurer, $1,500 Randy Kemp Memorial Scholarship 2014 Jennifer Poole – daughter of Jamie Poole, Faulkner County Deputy Assessor, $1,500 Ben Worley – grandson of Catherine Richardson, retired Bradley Co. Circuit Clerk, $1,500
Brooks, Crawford Co. Deputy Clerk, $1,500
lumbia County Sheriff, $1,500 James Klober – grandson of Travis Garner, Yell County J.P., $1,000
Devin Nash – son of Kendra Nash, Clark County Deputy Circuit Clerk, $1,500
Fite, Dallas Co. J.P., $1,500 Matt Morris Me-
Bearden, Little River County Deputy Asses2010 Abbie Little – granddaughter, Catherine Lee Richardson, Bradley Co. Circuit Clerk, $1,000
Bearden, Little River Co. Dep. Assessor, $1,500
ernathy, retired Pope County Judge, $1,500
drews, Logan County J.P., $1,500 Charlotte LaFevers – daughter of Charlie LaFevers, Fulton Co. Road Dept., $1,000
Lauren Harvey – daughter of Terah
Karen Ricketts – daughter, Laura Ricketts, Franklin Co. Dep. Treasurer, $1,500 Randy
Damian Berry – grandson of Brenda Williams Black, Dallas County Collector, $1,500 Alivia Rouse – daughter of Teresa Rouse, Poinsett County Deputy Clerk, $1,500 Morgan Miller – daughter of Marty Miller, Independence Co. Road Dept., $1,500 Patrick Ameling, son of Chris Ameling, Pulaski County Sheriff’s Lieutenant, $1,500 Kaitlyn Dahlke, granddaughter of Mary Cansler, Hot Spring County Treasurer, $1,500 Matthew Crow, grandson of Bobbie Green, Little River County Circuit Clerk, $1,500 Jack Thomas, grandson, Eddie Thomas, Craighead Co. Assessor, $1,500 Matt Morris Memorial Scholarship Katherine Kemp – granddaughter of James Kemp, deceased Independence County J.P., $1,500 Randy Kemp Memorial Scholarship
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The Calhoun County Courthouse was built in 1910.
A symbol of pride
Calhoun County Courthouse was ambitious endeavor for small community
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Story by Mark Christ and Photography by Holly Hope Arkansas Historic Preservation Program
hough Calhoun County is one of the least populous of Arkansas’s 75 counties, it is the home to one of the state’s most impressive courthouses. The Arkansas Historic Preservation Program (AHPP) has worked with the county since 1989 to preserve the stately structure through its County Courthouse Restoration Grant program, funded through Real Estate Transfer Tax proceeds administered by the Arkansas Natural and Cultural Resources Council. Calhoun County was created in 1850 from parts of Dallas and Ouachita counties, and its seat was located on part of Nathaniel Hunt’s farm, which he donated for that purpose. The new town was named for Col. John R. Hampton, a state senator from Union County. The first court proceedings were held on May 27, 1851, at the home of James Riggs about three miles north of Hampton, but they were soon moved to a temporary facility in 30
town until a new log courthouse could be built. It was completed in 1851 and Hampton incorporated on January 27, 1853. As the timber industry in the area thrived and Hampton grew into a bustling business center, county officials voted in 1859 to appropriate $4,000 for a two-story brick courthouse to be constructed on the town square in Hampton. The resulting building was almost devoid of exterior detail, but it held county offices on the first floor and a courtroom on the second. The small, rural county raised five companies for the Confederate army when the Civil War broke out in 1861, depleting the area of able-bodied men. When the war ended four years later, no businesses remained in Hampton. The town suffered further as a series of fires beginning in 1864 ravaged its buildings. The people of Calhoun County were resilient, however, and Hampton reincorporated in 1871. COUNTY LINES, SUMMER 2015
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Among the many programs and services of the Arkansas Historic Preservation Program (AHPP) 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 $18.6 million to 69 historic courthouses and courthouse annexes around the state for use in rehabilitating, preserving and protecting these important historic resources. Since 1989, Calhoun County has received 11 grants totaling $460,915 for the Calhoun County Courthouse.
Arkansas Historic Preservation Program County Courthouse Restoration Grants awarded to Calhoun County
Calhoun County has received two AHPP grants to restore the clock tower — in 1990 and in 2014.
FY1989 Rehabilitation master plan $6,000 FY1990 Clock tower restoration $17,975 FY1998 Cornice restoration $48,000 FY2000 Roof restoration $30,000 FY2003 Window, door and downspout replacement, masonry tuckpointing $4,000 FY2003 Additional funding for same $83,000 FY2004 Window restoration $37,400 FY2006 Masonry restoration $54,540 FY2008 Tuckpointing and painting $64,000 FY2009 Tuckpointing $13,000 FY 2014 Clock tower restoration, plaster repair, cornice restoration $103,000 TOTAL:
$460,915
By 1905, the county quorum court decided that a new facility city cemetery, where a survivor of the 1857 Mountain Meadows Massacre rests next to the soldier who rescued her. The fourwas needed and in October directed that a “new and modern faced clock atop attractive arched brick openings shelters the courthouse ... be built in the town of Hampton … on the presbell, which bears the inscription “Made for the Seth Thomas ent Courthouse site.” L.C. Poole was appointed commissioner Clock Co., New York and Chicago, 1910.” of public buildings, and he hired architect Frank W. Gibb of In 2015 as in 1910, the Calhoun County Courthouse reLittle Rock to design the new structure. E.L. Koonce of Fordyce was hired on October 14, 1909, to build the courthouse. It was mains a symbol of pride for a small county with big ambitions. completed a year later. Gibb is credited with designing as many as 60 Arkansas courthouses, and the Calhoun County Courthouse is one of his finest. The brick structure reflects elements of both the Romanesque and Classical Revival styles of architecture, with rounded arched windows doorways and windows topped by keystones, a rusticated brick and stone foundation, and a dentiled cornice. The interior is equally striking, with a multi-colored octagonal ceramic tile floor, ornate woodwork in the offices and staircases, and an elaborate pressed-tin ceiling in the spacious second-floor courtroom. The county recently painted all of the walls and ceilings and added chair rails, and modernized the courthouse with the installation of LED lighting. The building’s early days are also reflected in the fireplaces in the offices of the sheriff and county clerk, a reminder of the time before central heat and air. Perhaps the most striking feature of the Calhoun County Calhoun County Judge Floyd Nutt in the bell tower. The inscription on the bell Courthouse is the 3 ½-story clock tower on the building’s reads, “Made for the Seth Thomas Clock Co., New York and Chicago, 1910.” northeast corner. A white-knuckled climb up a series of wooden ladders leads to the bell tower, which provides a See “COURTHOUSE” on Page 32 > > > panoramic view of Hampton’s business center and the nearby COUNTY LINES, SUMMER 2015
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Above: The Calhoun County Libary is housed in the Hampton Masonic Lodge Building. Right: The lodge, the only two-story building in downtown Hampton, was listed on the National Register of Historic Places in 2008. Bottom Right: Sallie Lou Wilson was the Calhoun County Libary’s first librarian.
Calhoun County restores lodge with AHPP help
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Story by Mark Christ Photography by Holly Hope Arkansas Historic Preservation Program
n addition to working with Calhoun County at the courthouse, the Arkansas Historic Preservation Program has assisted in the restoration of the Hampton Masonic Lodge Building, which the county has used to expand its library and to house a county museum. The Hampton Masonic Lodge Building was constructed sometime between 1918 and 1923 and, outside of the courthouse, it is the only two-story building in downtown Hampton. With its alternating bands of buff and yellow bricks and diagonally oriented bricks on the second floor, it is the most elaborate commercial building on a row of one-story brick storefronts. The building originally housed a Masonic hall on the second floor and a number of businesses and doctors’ offices on the first. The Calhoun County Library was founded in 1959 and was located in a room in the county courthouse before moving to a one-story building adjacent to the Masonic Lodge in 1966. Sallie Lou Wilson was the original librarian, and she served in that capacity until 1981. After her death, Ms. Wilson left a generous bequest for the library that has helped to finance the expansion. The Hampton Masonic Lodge Building was listed on the National Register of Historic Places on May 20, 2008, making it eli32
gible for grant funding through the AHPP’s Historic Preservation Restoration Grant program, since it is owned by the county. The AHPP awarded a $29,867 grant in 2009 for roof and window restoration and a $20,000 grant in 2015 for masonry restoration. Librarian Allison Stevens said the library, which is now open 20 hours per week, will be eligible for additional funding from the state since she has a master’s degree in library science so they are looking forward to more service hours, additional books and increased automation at the library. The second floor of the building is being prepared to house a Calhoun County museum. County Judge Floyd Nutt said that a board is being formed to guide the museum’s development. The museum already has its first artifacts incorporated into the space: windows from the old Tinsman School, which was demolished several years ago, have been placed in the walls overlooking the staircase to the second floor. COUNTY LINES, SUMMER 2015
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CONFLICTS leadership listened and seemed to understand. The sides feel somewhat betrayed. The leader then spends their days defending the decision. The solution might have been a great one, but because the parties were not involved in the process of making the decision they don’t understand it and question it at every turn. In certain situations, avoidance might be proper, and others might demand more hands-on management. We’ve all engaged in the quick fix. You know what they say about duct tape. But seriously, not all public efforts fall into the trap. Just be aware of pitfalls and potential for each of these approaches. When anticipating a conflict, there are successful approaches to avoid the spiral and keep conflict out of it. In this approach, let’s call it “the Facilitator,” decision makers should be more like facilitators or catalysts for discussions between the parties. They aim to identify a decision
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that involves the differing interests of both sides. Discussions are couched in a manner of solving a problem not battling to win. Face-to-face meetings are key for the stakeholders. Defining the problem and education of the issue gives way to proposed solutions or ideas. It is not one side lobbying the other. These stakeholders help create a process to make the decision and then share in the execution. The facilitator should always ask: what is the most productive way to proceed? Decisions are made by many in a consensus and hopefully can be accepted by all parties. Voting is avoided because it creates winners and losers. This situation can breed future conflicts. Not everybody will love the decision, but they know the process was just, and they were involved and understand the decision was the best for all involved. Obviously, this “Facilitator” approach takes time and would be difficult to im-
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plement if a conflict is already cascading down the spiral. But its real value is in planned community projects when you can take the time to develop the process with stakeholders. Solving public disputes are dynamic for many reasons but none greater than the fact that human beings are dynamic. The human feelings interwoven in conflicts are just as a substantial factor as real data. People’s emotions play a key role in how they process and react to information. We all are complicated and unpredictable. We have to understand that above all else when managing public conflicts. And communicate, communicate, communicate. Source: “Managing Public Disputes, A Guide for Government, Business, and Citizens’ Groups,” by Susan L. Caprenter and W.J.D. Kennedy
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n a t s g n i t s e t c i e v S emergency ser fo r
A 2013 report from the legislature’s Blue Ribbon Committee on Local 911 Systems emphasizing standardization of equipment and practices is starting to see results. But as usual, the big question remains: How to pay for the improvements?
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Story by Eric Francis For County Lines
here was a time, in the not so distant past, when some of the people most at risk during severe weather in Conway County were also those who could least be spared: The Office of Emergency Services. “The story I got to tell is we had an EOC in a metal building, above ground in an old fire station … [and] when you issued a tornado warning for Conway County, and you’d be sitting there in an exposed environment,” said County Judge Jimmy Hart, who’s been in office since 2001. “Our 911 center was in the same way. When you have critical infrastructure like that, when you lay down at night and wonder what happens when a black cloud in the west comes at you and you don’t have an EOC, a 911, they’ve been taken out….” It was, Hart saw, an issue that couldn’t be placed on the back burner. Still, it was about 10 years before a solution was found — one that involved not just the county EOC, but 911 dispatch for all emergency responders in Conway County, in the form of a vacant 1936 Post Office building with a fallout shelter in its basement. If it was built to keep people safe in the event of nuclear war, Hart figured it would do just fine during a tornado, as well. What’s more, it allowed for a merger of the county’s OEM and the city’s police dispatch center, run out of headquarters where dispatchers also had to do double- and triple-duty as jailers and cashiers. The county acquired the building (which is listed on the National Register of Historic Places) about four years ago, and with 7,000 square feet split just about evenly above and below ground, it gave them plenty of elbow room. It took close to a year to complete the conversion of the basement, but for three years the center has been in operation as a countywide dispatch hub and Hart couldn’t be happier with the collaboration that 34
went into creating it, and still goes into running it. “Our board governing 911 is an intergovernmental body,” he said. “Everybody needs to feel like they have ownership of it. We’ve always had one PSAP; I’ve got to take my hat off to the city of Morrilton, they housed it for a long time and subsidized it quite heavily. [Now] the intergovernmental council I feel like is a good fit for the administration and direction of 911.” Follow Conway County 911 Administrator Steve Beavers into his domain, through doors with ID card-operated locks, and you’ll find as homey an emergency operations bunker as you could ever hope to find. Encompassed by thick masonry walls, it’s well lit and airy, with a few windows that let in just enough natural light. It has a large conference room that can double as a command center during natural disasters; kitchen and bath facilities; and a secure dispatch room with three stations running Smart911, a staff of eight full-time and three part-time operators (two on duty at any given moment), and an adjacent equipment room where the beating, digital heart of the operation resides. It is, quite frankly, just about exactly what was envisioned in the 2013 report of the Legislative Arkansas Blue Ribbon Committee on Local 911 Systems. And it could be a model for other jurisdictions within the state. All it takes is money — something Hart is all too aware of in his office on the second floor of the Conway County Courthouse. “If we hadn’t done it the way we done it, we probably couldn’t have done it,” he said. “Our intergovernmental council and the mayors realized we’d have to subsidize it, but also realized getting those critical communications in a safe environment was paramount.” Even when you secure the funding, though, the work isn’t over. Beavers, the 911 administrator, noted for example that getting the data from residents necessary to take full advantage of Smart911’s features has been something of a project. Smart 911 is a national safety device that allows residents to create for their COUNTY LINES, SUMMER 2015
s d r nda e d i w e t sta
Dispatchers cover the phone lines at the Conway County PSAP in Morrilton. Two dispatchers are on duty at all times. households a Safety Profile that contains any information they want 911 and first responders to know in the event of an emergency. When the resident dials 911, his profile is immediately available to the dispatcher providing valuable details to facilitate a fast and effective response. “We’ve gone out and talked to groups, to senior groups, taken it into schools, handed out literature,” he said. “We’ve tried to encourage people, but there’s always the fear of cybersecurity issues. People are concerned about their data. “The data is very secure; no one has access to it except during a 911 call,” Beavers added. “But people are concerned, and I understand it.” Technology is another area the Blue Ribbon Committee delved into, and both Beavers and Hart recognize that whatever they have in place today will likely change in the not-too-distant future. Such upgrades are definitely on the mind of Rep. Scott Baltz, who represents District 61 in Randolph County. As a former justice of the peace for Randolph County, he understands the lawmaking and budgetary challenges at the local level; and as a 30-year firefighter in Walnut Ridge, including 10 years as fire chief, he’s had hands-on experience with how 911 systems impact lives of both residents and emergency responders. And as a member of the Blue Ribbon Committee, he thinks that one of the best ways to help local systems upgrade is through standardization — in this case, by getting the state Office of Procurement involved. “We’re looking at a possible state contract to acquire PSAP equipment,” he said of the Blue Ribbon Committee, on which he serves. “I know what those things cost, and I feel like what we need is more interoperability, and that’s going to be one of the specifics we look at if we’re going to do this procurement situation, where every PSAP in the state is interoperable. That’s a big key right now, because some of them aren’t.” And that includes those in his home county of Randolph and COUNTY LINES, SUMMER 2015
“I feel like what we need is more interoperability, and that’s going to be one of the specifics we look at if we’re going to do this procurement situation, where every PSAP in the state is interoperable. That’s a big key right now , because some of them aren’t.”
— Scott Baltz State Representative
neighboring Lawrence County. “If there’s an accident in Lawrence County and it pings Randolph County’s tower and we start the process, then transfer it to them, they have to start over,” Baltz said. “That takes several minutes to get the information that those folks need to get help.” He also sees potential advantages in merging the two counties’ 911 operations. Of course, the dreaded C-word — consolidation — tends to raise hackles in Arkansas, whether you’re talking about school districts or government agencies. But Baltz believes it’s a conversation worth having. In Randolph and Lawrence counties, for example, the individual centers are in cramped, repurposed quarters with inadequate space for existing equipment and personnel, not to mention room for expansion. They’re looking at a potential space at Williams Baptist College in Walnut Ridge, which would provide not only more space for the dispatch center but also classrooms for training. Which brings us to another priority the Blue Ribbon Committee would like to see addressed: training. “What we’d like to do is [provide for] standardized training of dispatchers,” Baltz said. “There’s a standard for EMS, for law enforcement, for firefighters. We want to do the same for dispatch, also.” Indeed, standardization may be the byword for anything to do with PSAPs in coming years, acknowledged Tina Owens, deputy director of the Arkansas Department of Emergency Management, which has been working with the Blue Ribbon Committee during its evaluation of the state’s PSAP network. “I think a lot of the things you can read from that report are our thoughts, as well,” said Owens, who’s been with ADEM for 19 years. “We have a wide variety of technology at our different PSAPs. We have some that are aging, as do all state agencies. We have some that are better off financially and able to upgrade equipment more often. Funding, of course, is the preventing mechanism, as it is with almost anything.” From ADEM’s perspective as a coordination agency, she said, a top goal would be having PSAPs around the state cleave to the same standard, receive the same training, and follow the same guidelines. Whether that necessarily means consolidation within, or among, counties is a harder question, she said. “I think there’s a little bit of a positive answer on both sides of that [issue],” Owens said. “Sure, if there are four entities doing the same job in one area and you can pare that down to one or two, there will be a cost savings, that’s a given. I think at the local level, though, as a state we have to be cautious just giving a blanket recommendation like that. You’re looking at some very small municipalities and that could affect their economy, multiple things.” So ADEM’s priorities are in other areas. Standardized training, for one, and determining how new technologies out there See
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Left: Pictured is Conway County Judge Jimmy Hart, who led the effort to consolidate emergency services in his county and moved the operations to a more secure building. Right: State Reps. Scott Baltz and Dan Hillman prepare for a joint meeting of the Legislative Blue Ribbon Committee on Local 911 Systems and the Senate and House City, County and Local Affairs committees during AAC’s annual conference in August. can best be put to use within the state. report notes that, according to the Federal Communications “I think there’s a couple of exciting things out there,” she said. Commission, there are 33 million fewer land lines in the United States today compared to just four years ago. The report states, “One is texting to 911, definitely something that’s important. “Without the proper funding stream, the answering points I think we’re starting to see that come into the state slowly. The [PSAPs] will not be able to keep up with the demand of 21st generation we live in, the world we live in, is much more textCentury technology integration.” oriented than we are picking up the phone and talking. Also, the whole idea of Next Generation 911 and all the things it has With that revenue stream shrinking, officials like Hart have to available to the state. I find ways to pay for operthink that’s an excitations and improvements ing piece of technology to PSAPs, whose proper We all realize this, we’ve that, again, is going to functioning can actugot to be very dependent on each other to make it work take some money; that’s ally mean the difference going to be an expensive between life and death piece of the next step.” for a resident. Conway Next Generation 911 You can have a half-million dollar fire truck or a $100,000 County’s new facility is is a wireless telephone subsidized by the county Hummer for the local police department, but if you don’t have service that allows and all of its municipalidispatchers to receive you don’t have much. ties. The county’s share is emergency communica about $200,000 per year, tions by text message. — Jimmy Hart said Hart, and Morrilton, Photos and videos can be Opello, Plumerville, and Conway County Judge texted to dispatchers to Menifee kick in, as well. help them better respond So does MedTech, which to an emergency, and provides ambulance service in the county. a dispatcher in one jurisdiction would be able to easily share the 911 services in the state of Arkansas are meant to be selfdata with a dispatcher in another jurisdiction if that call needed sufficient financially, but unfortunately, revenue streams have to be transferred. not kept pace with expenses. Decreasing landline revenue and However the expense of implementing such technology is a stagnant rate for cell phones have combined to create the user getting more problematical to handle, in part because the tax fee shortfalls. Many counties subsidize 911 operations with on land-line telephones that supports 911 services has been general revenues. producing less and less revenue every year, because more and “We all realize this, we are a small county, we’ve got to be very more Arkansans are cutting the cord and only own cell phones, dependent on each other to make it work because that’s the only which have a much lower user fee of only 65 cents per month. way it really does work,” he said. “You can have a half-million That was raised from 50 cents in 2009. According to the Report dollar fire truck or a $100,000 Hummer for the local police of the Legislative Arkansas Blue Ribbon Committee on Local department, but if you don’t have good communications, you 911 Systems, released in December 2014, the natioanl average don’t have much.” of wireless user fees is 86 cents. The Blue Ribbon Committee’s
“
we are a small county, because that’s the only way it really does work.
good communications,
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”
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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
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800-276-4213 • Little Rock, AR © Copyright 2015 Financial Intelligence, an Information Capital affiliated company. All rights reserved.
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Keeping a trad County service runs in the family of AAC Governmental Affairs Director Josh Curtis.
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Q&A with Josh Curtis
dition alive
Family: Wife Alisha and miniature dachshund Piper. My favorite meal: Medium rare ribeye with a side of spicy boiled shrimp and peanut butter pie.
I
t’s easy to imagine why the call to public service resounded so loudly for Josh Curtis as he was growing up. After all, his grandfather had been a Benton city councilman for 34 years, and his father had served as a Saline County justice of the peace for 20 years. So in 2012 when his father announced he was vacating his quorum court seat to run for Saline County Clerk, Curtis tossed his hat into the political ring and declared his candidacy for justice of the peace. “My family has been heavily involved in public service, and I wanted to learn more,” Curtis said of his decision. “I wanted to continue the tradition of our family being involved in public service.” Both Curtises waged successful campaigns that year, and in 2016 Josh Curtis will seek his third term on the Saline County quorum court, on which he serves as chairman of the Human Resource Committee and co-chairman of the Finance Committee. That background coupled with his experience working in state government prompted AAC Executive Director Chris Villines to bring Curtis into the AAC family this summer in the position of governmental affairs director. “Josh’s experience in constitutional state offices and county government as a justice of the peace will be beneficial to Arkansas counties,” Villines said. “He is a dedicated professional who has built an expansive network in the state. We expect him to excel in his next career path here at AAC. He has settled nicely on our team, and he has already survived an AAC conference.” Curtis will serve as liaison to the Circuit Clerks Association of Arkansas and the Arkansas Collectors Association. Curtis was born and raised in Benton, the eldest son of Doug and Jeannette Curtis’ four children. Doug Curtis is in his second term as Saline County Clerk, and Jeannette Curtis is a certified public accountant. After graduating from Benton High School, Curtis earned a bachelor’s degree in political science from the University of Arkansas at Little Rock. He worked at his father’s glass shop and in construction until accepting a job with the Republican Party of Arkansas in 2010. Among Curtis’ duties were organizing volunteers, campaigning door to door, placing telephone calls, and planning and See
“JOSH” on
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When I’m not working I’m: I enjoy spending time with my family, especially the Sunday dinners at my mom and dad’s house. I golf, watch football and hunt. The accomplishments of which I am most proud: How I have dealt with adversity in my professional life. One example of this is when the Saline County sheriff was stepping down from his post and the quorum court had to appoint a new sheriff. It was my first year on the quorum court, and I feel like I provided strong leadership to move Saline County in the right direction during this difficult time. The hardest thing I have ever done is: Saying good-bye to my grandpa when I was a senior in high school. It is always tough losing a family member, but he was a man who laid a foundation for my family, and I loved and respected him. At the top of my bucket list is to: Attend all of golf ’s major championship tournaments and harvest a 150inch buck in Arkansas. You might be surprised to learn that: My wife and I were junior high school sweethearts. My pet peeve is: I don’t let the little things bother me. Motto or favorite quote: “A tradition unlike any other” (Jim Nantz, intro to The Masters Golf Tournament) and “Once you replace negative thoughts with positive ones, you’ll start having positive results” (Willie Nelson). How long have you been at AAC and can you describe some of your successful AAC projects: I have been with the AAC since the middle of June. Communication is key in government. Chris and I took part in a county officials meeting in Franklin County, and it was a huge success. Many things were discussed, and right off the bat, we were able to help with a couple of issues. I think this will be an ongoing thing, and it proved to be a good way to help officials get on the same page.
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Family & Friends
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JOSH executing fund raisers and rallies. His career in state government began the following year, when Curtis went to work organizing delinquent tax sales in every county for State Commissioner of Lands John Thurston. He continued to move upward with jobs in the Office of the Lieutenant Governor and the Arkansas Secretary of State’s office before accepting, in December 2014, a position in Gov. Asa Hutchinson’s administration. In his role as legislative and agency liaison, Curtis advised the governor on legislative matters focused on health care and was in charge of communication on a variety of topics between the governor’s office and many state agencies. “My time with Governor Hutchinson’s administration has been a personal privilege and a professional honor that I will always treasure,” Curtis said. Curtis accepted the governmental affairs director position at AAC in June 2015. “I love working with the legislature … The process really intrigues me,” he said of his new job, which he accepted because of the AAC’s reputation. “I knew how respected the AAC was. It’s not just another special interest group. It’s a political subdivision of the state.
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It’s the elected county officials working to develop change for the betterment of each county out there, and ultimately I think that’s what the legislature wants to do,” Curtis said. In the early days of his time at AAC, Curtis observed office operations in the Faulkner County Circuit Clerk’s Office and in the Pulaski County Collector’s Office. “It was good to get the meat and potatoes of what the elected officials do on a day-to day basis,” he said. “It was interesting to see the way state laws affect counties and the way counties implement policies to follow those laws.” Curtis also has been preparing for the 91st Arkansas General Assembly, which will commence in January 2017. “You can’t start too early. The legislature is preparing for the next session, too,” he said, referring to the various interim studies and task force meetings now taking place. Curtis already has been working with county collectors on proposed legislation, with the collection of delinquent mobile home taxes standing out as an important issue. Curtis, 29, has been married to his wife Alisha since 2010. They have a miniature dachshund named Piper. Curtis enjoys deer, duck and hog hunting, as well as golfing and going to the lake.
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AAC
Board Profile Sandra Cawyer
My favorite meal: Cheeseburgers and fries, but I try really hard not to eat them.
Office: Columbia County Assessor County I was born in: Columbia County
When I’m not working I’m: Spending time with family and working around my home.
The accomplishments of which I am most What I like most about my county: proud: My children. I was a single mom Columbia County is a community for part of their childhood and constantly that takes pride in the way it is worried whether I was giving them presented. We have many volunteer everything they needed. All three children organizations that work for persons are happy and productive adults. They have in need and also work to clean, great lives and great careers. repair and landscape the main streets of our town.There is a very The hardest thing I have ever done is: Step active arts community. We are S a n d into the public eye. When I decided to run for r a Cawy the home of Southern Arkansas er, Colu assessor, I had to learn to be comfortable with m University and Logoly State Park. bia Cou nty public speaking and participating in conversations Our county hosts two big festivals — with people that I did not know. Magnolia Blossom Festival and Purple Hull Pea Festival — which have earned state and national attention. The best thing about living in Arkansas: This state is beautiful, and if you are a summer person like me you can’t beat the winters in South Arkansas. I got started in county government because: I had always worked in the corporate world but was looking for a change and received an offer to work in the assessor’s office. It only took a few months, and I knew that I wanted county government to be my life’s career.
We want your news
If I wasn’t a county assessor, I’d be: I would definitely work in the real estate/appraiser business. I have held a real estate license and also worked for a title company. You might be surprised to learn that: I love to do flower arrangements. I have designed and created the flowers for several weddings. My pet peeve is: Having to wait on someone because they are late.
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
Conference Recap
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Faulkner County Treasurer Scott Sanson putts while his partner, Kevin Sexton of Arkansas Economic Development, and Amy Fisher of Delta Mass Appraisal Services look on.
Golf tournament raises more than $4,000 for scholarship
State Rep. Micah Neal tees off. 42
Thirty-two golfers teed off at Oakridge Golf Course in Huntsville on Aug. 4 to raise funds for the Randy Kemp Memorial Scholarship. Kemp was the Association of Arkansas Counties’ first communications director. He joined AAC in 2008 after a successful career in newspapers. He died in a motorcycle accident in August 2011. The Randy Kemp Memorial Scholarship aims to raise funds for scholarships for descendents of county officials or employees who intend to pursue a college degree in communications. The 2015 Randy Kemp Memorial Scholarship was awarded to Katherine Kemp, the granddaughter of deceased Independence County Justice of the Peace James Kemp. Katherine, a 2014 graduate of Conway High School and a 2014 recipient of the scholarship, is the great-niece of the scholarship’s namesake. She is pursuing a degree in mass commu-
nications at Ouachita Baptist University in Arkadelphia. AAC appreciates all who support the fund and the golfers who participated. Tournament Results First Flight Wes Fowler and Barry Tice Scott Sanson and Kevin Sexton Cory Scott and Phillip Carper Second Flight Tommy and Amy Fisher Bob Clinard and Darryl Gardner Bob Wright and Alan Breshears Longest Drive — Phillip Carper Closest to the Pins — Ed Hill, Bob Ramsey and Scott Sanson
The top three in each flight, the longest drive and the closest to the pins earned gift cards.
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Conference Recap
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Top Left: State Sen. Jeremy Hutchinson and his son, Jack, assess their goodie bags. Top Right: Greene County Judge Rusty McMillon celebrates a great pitch. Middle Left: David Rivera with Apprentice and Dustin Reilich with Renovate America contemplate the distance to the hole. Middle Right: State Land Commissioner John Thurston hits his approach shot. Bottom Left: Greene County Treasurer and AAC Board member Debbie Cross and AAC Executive Director Chris Villines pose for a photograph. Golf Tournament Sponsors
Crews & Associates - Gold Arkansas CAMA Technology, Inc. - Silver Ergon Ashphalt & Emulsions - Platinum Delta Mass Appraisal Services First National Bankers Bank Renovate America Oakridge Golf Course
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AAC
Conference Recap
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AAC’s 47th Annual Conference in Springdale draws more than 600 participants More than 600 county officials, employees, vendors and sponsors assembled at the Northwest Arkansas Holiday Inn and Convention Center in Springdale Aug. 5-7 for the 47th annual AAC Conference. “Counties Getting in the Game” was the theme for this year’s event. Top: Riki Hokama, immediate past president of the National Association of Counties, presented AAC Board President Judy Beth Hutcherson, Clark County treasurer, and AAC Executive Director Chris Villines with a certificate for honoring 100 percent county membership in NACo. Middle: Poinsett County Assessor Johnny Rye, Johnson County J.P. Mike Jacobs, AAC General Counsel Mark Whitmore, Sandra Jacobs, Poinsett County J.P. Elizabeth Schwartz and Poinsett County Treasurer Tammie Stanford pose for a photo. Bottom Left: AAC Legislative and Communications Director Scott Perkins speaks before a joint meeting of the state Senate and House City, County and Local Affairs committees. Bottom Right: Miss Arkansas 2014 Ashton Campbell sings at the start of conference.
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AAC
Conference Recap
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Attorney Mike Rainwater addresses justices of the peace during their Hardie Reynolds of Total Assessment Solutions Corp. and Chicot association meeting as Sebastian County J.P. Danny Aldridge and County Assessor Joe Dan Yee attend a meeting of the Arkansas AAC Legal Counsel Lindsey Bailey look on. County Assessors’ Association.
Tate McCotter, director of the National Institute for Jail Operations, speaks to County Judges’ Association President sheriffs about U.S. Supreme Court rul- County/Circuit Clerk Persundra Hood of Perry County fo- Michael Lincoln, White County judge, ings and their impact on county jails. cuses on a speaker during her association meeting. addresses a roomful of his colleagues.
The spouses of county officials enjoyed two field trips, one to Crystal Bridges Museum in Bentonville and another to Pinot’s Palette, where they channeled their own inner artists. COUNTY LINES, SUMMER 2015
AACRMF staffers Kim Mitchell, Debbie Norman, Renee Turner and Debbie Lakey ham it up for the camera during the Southern fish fry. 45
AAC
Conference Recap
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Above: Gov. Asa Hutchinson graciously poses for a photograph with more than 100 county officials following his speech Thursday morning.
Middle Left: Gov. Asa Hutchinson delivered the opening address Thursday, focusing on economic growth and jail overcrowding. Middle Right: Pictured are Glorie Thornton, Hot Spring County chief deputy treasurer, and Mary Cansler, Hot Spring County treasurer. Bottom Left: State Sen. Jonathan Dismang, Senate Pro Tempore, and state Rep. Scott Baltz sit on a panel of legislators discussing how county officials should approach lawmakers. Bottom Right: Pulaski County Coroner Gerone Hobbs and Robert Baird of Financial Intelligence chat in the exhibit hall.
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Conference Recap
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Top Left: Comedian Rik Roberts impersonates Barney Fife, the deputy on “The Andy Griffith Show,” causing AAC Board President Judy Beth Hutcherson to crack up. Top Right: Sebastian County Clerk Sharon Brooks, AAC Legislative/Communications Director Scott Perkins and Sebastian County Chief Deputy Clerk Nesha Bishop take time out for a photo. Middle Left: AAC Executive Director Chris Villines recognizes AAC ACE Program Coordinator Brenda “Emmy” Emerson and AAC Executive Assistant Jeanne Hunt, both of whom plan to retire next summer. Middle: Little River Coroner Roddy Smith gets into the gaming spirit of the dinner and dance, the theme of which was “Game Night — Make Your Move.” Middle Right: State Sen. Bryan King, whose district includes Carroll, Crawford, Franklin, Johnson, Madison and Sebastian counties speaks to county officials at the start of the dinner and dance. Bottom Left: Guest Speaker Jeff Long, vice chancellor and athletic director at the University of Arkansas, closes the conference Friday morning with an update on the Razorbacks. COUNTY LINES, SUMMER 2015
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Conference Recap
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Left: Drew County Clerk Lyna Gulledge visits the Nabholz booth. Right: Moore Equipment Co. of Chillicothe, Mo., was among the many vendors this year.
Thank you to our 2015 Exhibitors and Sponsors! AAC Risk Management Services 1415 West Third Street Little Rock, AR 72201 (501) 375-8805 www.arcounties.org ADEM/Federal Surplus Property 8700 Remount Road N. Little Rock, AR 72118 (501) 683-6700 www.adem.arkansas.gov AEP-SWEPCO 400 W. Capitol, Ste. 1610 Little Rock, AR 72201 (501) 379-1127 www.aep.com www.swepco.com American Stamp & Marking Products, Inc. 500 Fee Fee Road Maryland Heights, MO 63043 (800) 872-7840 www.americanstamp.com Apprentice Information Systems, Inc. 900 N. Dixieland, Ste. 102 Rogers, AR 72756 (479) 631-8054 www.apprenticeis.com Arkansas Attorney General 323 Center St., Suite 200 Little Rock, AR 72201 (501) 682-6072 www.arkansasAG.gov
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Arkansas Auditor of State 230 State Capitol Building Little Rock, AR 72201 (501) 682-6030 www.auditor.ar.gov Arkansas Broadcasters Association 2024 Arkansas Valley Drive, Suite 403 Little Rock, AR 72212 (501) 227-7564 www.arkbroadcasters.org Arkansas CAMA Technology, Inc. 2900 Percy Machin, Ste. 1 N. Little Rock, AR 72114 (501) 771-2985 www.arcamatech.com Arkansas Commissioner of State Lands 109 State Capitol Building Little Rock, AR 72201 (501) 683-3031 www.cosl.org Arkansas Center for Health Improvement 1401 W. Capitol, Ste. 300 Little Rock, AR 72201 (501) 526-2254 www.achi.net Arkansas Correctional Industries 2403 East Harding St. Pine Bluff, AR 71601 (870) 489-4255 www.acicatalog.com Arkansas Democratic Party 1300 W. Capitol
Little Rock, AR 72201 (501) 374-3387 www.arkdems.org
Little Rock, AR 72201 (501) 371-2640 www.insurance.arkansas.gov
Arkansas Department of Environmental Quality 5301 Northshore Drive N. Little Rock, AR 72118 (501) 682-0609 www.adeq.state.ar.us
Arkansas Treasurer of State 500 Woodlane, Ste. 220 Little Rock, AR 72201 (501) 682-5888 www.artreasury.gov
Arkansas Electric Cooperatives, Inc. P.O. Box 194208 Little Rock, AR 72219 (501) 570-2200 www.aecc.com
Arlington Resort Hotel 239 Central Ave. Hot Springs, AR 71901 (501) 609-2566 www.arlingtonhotel.com
Arkansas Farm Bureau Federation P.O. Box 31 Little Rock, AR 72203 (501) 224-4400 www.arfb.com
AT&T 1111 W. Capitol, Rm 1096 Little Rock, AR 72201 (501) 373-8084 www.att.com
Arkansas Federal Credit Union P.O. Box 9 Jacksonville, AR 72076 (501) 982-1000 www.afcu.org
BIS Digital, Inc. 1350 NE 56th St., Ste. 300 Fort Lauderdale, FL 33334 (800) 834-7674 www.bisdigital.com
Arkansas Geographic Information Office 1 Capitol Mall, Suite 6D Little Rock, AR 72201 (501) 682-2767 www.gis.state.ar.us
Bluff City Sports 769 S. Cooper Memphis, TN 38104 (901) 274-2202 www.bluffcitysports.com
Arkansas Secretary of State 256 State Capitol Little Rock, AR 72201 (501) 682-1010 www.sos.arkansas.gov
Brown Hiller Clark & Associates P.O. Box 3529 Fort Smith, AR 72913 (479) 452-4000 www.bhca.com
Arknasas Insurance Dept.
1200 W. Third St.
Colonial Life Insurance
P.O. Box 608 Bryant, AR 72089 (501) 580-1678 www.thefinleygroupinsurance.com Crews & Associates 521 President Clinton Ave., Suite 800 Little Rock, AR 72201 (501) 978-7953 www.crewsfs.com Cromwell Architects Engineers/Dewberry 101 S. Spring St. Little Rock, AR 72201 (501) 372-2900 www.cromwell.com D.I.S.C., Inc. 15 Shackleford Drive, Ste. A Little Rock, AR 72211 (501) 223-2236 www.discllc.com DataScout, LLC 1953 N. Green Acres Road Fayetteville, AR 72703 (479) 521-5607 www.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
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(501) 682-2701 www.dis.arkansas.gov EFSGeoTechnologies 360 Airport Road Monticello, AR 71657 (870) 460-9994 www.efsgeotech.com Employer Support of the Guard & Reserves Camp Robinson, Box 27 N. Little Rock, AR 72199 (501) 212-4018 www.esgr.org Engineering Services, Inc. P.O. Box 282 Springdale, AR 72765 (479) 751-8733 www.engineeringservices.com
Fidlar Technologies 350 Research Parkway Davenport, IA 52806 (563) 345-1200 www.fidlar.com Financial Intelligence 124 W. Capitol Ave., Ste. 876 Little Rock, AR 72201 (501) 276-4213 www.financial-intel.com First National Bankers Bank 325 W. Capitol, Ste. 300 Little Rock, AR 72201 (501) 371-0535 www.bankers-bank.com
Forte Payment Systems 500 W. Bethany Dr., Ste. 200 Allen, TX 75013 (866) 290-5400 www.forte.net Friday, Eldredge & Clark 400 West Capitol Little Rock, AR 72201 (501) 370-1517 www.fridayfirm.com GeoConex Corporation 6923 Maynardville Pk., PMB#109 Knoxville, TN 37918 (865) 686-0411 www.geoconex.com Guardian RFID 12805 Highway 55, Suite 202
Conference Recap Plymouth, MN 55441 (855) 777-7343 www.guardianrfid.com Greenway Recycle Paint 90 Candlestick Road Heber Springs, AR 72543 (501) 270-5162 www.greenwayrecyclepaint.com
Information Network of Arkansas 425 W. Capitol, Suite 1620 Little Rock, AR 72201 (501) 324-8908 www.ark.org ISCO Industries – SnapTite Culvert Lining System 13070 Driftwood Avenue Gonzales, LA 70737 (225) 715-8159 www.isco-pipe.com Justice Solutions 316 Lamar Austin, TX 78703 (615) 519-6321 www.justicesolutions.com Liberty National Life Insurance Company 15 Shackleford Drive, Ste. G Little Rock, AR 72211 (501) 225-5556 www.libertynational.com Mid-Continental Restoration Company, Inc. 401 E. Hudson Street Fort Scott, KS 66701 (620) 223-3700 www.midcontinental.com Moore Equipment Co. 447 Locust Street Chillicothe, MO 64601 (800) 467-3370 www.mooreequipment.com
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National Medtest, Inc. 601 Southwest Drive Jonesboro, AR 72401 (870) 931-1993 www.nationalmedtest.com Nationwide Retirement Solutions 8671 Hawkeye Pass Edmond, OK 73034 (405) 282-3577 www.nrsforu.com Potlatch Corporation P.O. Box 390 Warren, AR 71671 (870) 226-1177 www.potlatchcorp.com Rainwater, Holt & Sexton, PA 6315 Ranch Drive Little Rock, AR 72223 (501) 868-2500 www.callrainwater.com Raymond James 100 Morgan Keegan, Ste. 200
Little Rock, AR 72202 (501) 666-1566 www.raymondjames.com Renovate America 15073 Avenue of Science San Diego, CA 92128 (949) 237-0965 www.renovateamerica.com Republican Party of Arkansas
1201 West 6th Street Little Rock, AR 72201 (501) 372-7301 www.arkansasgop.org Ryburn Law Firm 10825 Financial Centre Pkwy, Suite 136 Little Rock, AR 72211 (501) 228-8100
Nabholz Construction 612 Garland Street Conway, AR 72032 (501) 339-3649 www.nabholz.com
Southern Health Partners 2030 Hamilton Place, 140 Chattanooga, TN 37421 (888) 231-2890
National Association of Counties 25 Massachusetts Ave., NW Washington, DC 20001 (202) 393-6226 www.naco.org
Southern Paramedic Service P.O. Box 88 Brinkley, AR 72021 (870) 589-2206 www.southernparamedic.com
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www.southernhealthpartners.com
Phillips County Clerk Linda White stops to get information at the Arkansas Federal Credit Union booth. Southern Tire Mart 529 Industrial Park Road Columbia, MS 39429 (877) 786-4681 www.stmtires.com Southwestern Energy Co. P.O. Box 789 Conway, AR 72034 (501) 548-6819 www.swn.com Stephanie’s Selections 1209 N.W. 14th Place Moore, OK 73533 (580) 786-4390 www.stephaniesselections.com Stephens, Inc. 111 Center Street Little Rock, AR 72201 (800) 643-9691 www.stephens.com
www.systemedic.com TaxPro 124 West Capitol, Suite 876 Little Rock, AR 72201 (501) 246-8060 www.gowithtaxpro.com TIPS 4845 US Hwy. 271 N. Pittsburg, TX 75686 (866) 839-8477 www.reg8.net Total Assessment Solutions Corporation (TASC) P.O. Box 499 Glenwood, AR 71943 (870) 356-4511 www.totalassessments.com
1206 N. Hwy. 81, Suite 26B Duncan, OK 73533 (580) 786-4390
Tyson Foods 2200 Don Tyson Parkway CP0002 Springdale, AR 72762 (479) 290-3486 www.tyson.com
Systemedic Corporation 10809 Executive Ctr, Ste. 105 Little Rock, AR 72211 (501) 227-5553
West River Valley 24087 Highway 164 Clarksville, AR 72830 (479) 754-7475 www.greensourcerecycling.org
Sutterfield Technologies, LLC
www.sutterfieldtechnologies.com
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Family & Friends
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Governor talks jails with county sheriffs The Arkansas Sheriffs’ Association held its 2015 Summer Conference July 26-29, 2015, at the Arlington Resort Hotel & Spa in Hot Springs. They kicked the week off by playing golf at the Hot Springs Country Club, and then continued the week with two and half days of meetings and a tour of the Garland County Jail. Also, Gov. Asa Hutchinson spoke to the group about jail overcrowding, announcing that he planned to seek an additional $7.4 million from the state legislature to open 200 new prison beds in Pine Bluff within 16 months. Legislators approved that funding on Tuesday, August 18. Top: Gov. Asa Hutchinson addresses the sheriffs during lunch on Monday, July 27, focusing on jail overcrowding. Also seated at the head table are, from left to right, Arkansas Sheriffs’ Association Executive Director Ronnie Baldwin, Baxter County Sheriff John Montgomery, Jackson County Sheriff David Lucas and Pulaski County Sheriff Doc Holladay. Middle: Sheriff Rodney Wright, Sgt. Christie Fullerton and Lt. JP Massiet, all of Saline County, pose for a photograph. Bottom: Sebastian County Sheriff Bill Hollenbeck, Polk County Sheriff Mike Godfrey and Crawford County Sheriff Ron Brown stand as the governor enters the ballroom. COUNTY LINES, SUMMER 2015
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Family & Friends
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Clerks demo new voter machines Top Left: Columbia County Clerk Sherry Bell, also an AAC board member, and Boone County Clerk Crystal Graddy listen to a presentation about voting machines. Their counties are among four counties that will get new voting machines in time for next year’s primary election. The other counties are Sebastian and Garland. Top Right: Little River County Clerk Deanna Sivley demonstrates how lightweight the new voting machines are. Pictured with her are Jerry Amick and Craig Siebert of Elections Systems and Software, the company contracted to provide the machines. Middle Left: County clerks check in at the registration desk, manned by the AAC’s ACE Program Coordinator Brenda “Emmy” Emerson. Middle Right: Clay County Clerk Pat Poole and Pope County Chief Deputy Clerk Pam Ennis talk during an intermission. Bottom Right: Allison Woods, member records manager for Arkansas Public Employees Retirement System, discusses retirement issues with the clerks. 52
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Family & Friends
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Fort Smith is site of treasurers’ June education meeting
Top Left: Lafayette County Treasurer/Collector Gayla Daugherty-Teague and Nevada County Treasurer Susie Key prepare for the next presentation. Middle Left: Searcy County Treasurer Jim Arnold and Johnson County Treasurer Leta Willis grab a snack between sessions. Middle Right: Greene County Treasurer Debbie Cross, president of the Treasurers’ Association and an AAC board member leads the meeting. Bottom Left: Crawford County Treasurer Beverly Pyle and Prairie County Treasurer Judy Burnett pose for a photo before the start of another workshop. Bottom Right: Craighead County Treasurer Terry McNatt took home the photograph of the State Capitol being given away by Beth Anne Rankin of the State Treasurer’s Office.
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Family & Friends
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County Collectors hold summer session in Little River County Left: The collectors recognized Melsine Carter, financial administrator for the Benton County Collector’s Office, for attending her first association meeting. Middle Left: Jordyan Clark, daughter of Clark County Chief Deputy Collector Tina Martin, helps Melissa Boswell with TaxPro draw names for door prizes. Middle Right: Jefferson County Collector Stephanie Stanton stops at the Apprentice Information Systems booth, where Linda Bunting, vice president of customer support, and Jordan Smith answered any questions she had. Bottom Left: Columbia County Collector Cindy Walker, president of the Arkansas County Tax Collectors’ Association and an AAC board member, and Columbia County Deputy Collector Shamekia Ray listen to a speaker during the summer continuing education meeting. Bottom Right: AAC Executive Director Chris Villines, with AAC Governmental Affairs Director Josh Curtis and AAC General Counsel Lindsey Bailey, discusses legislation.
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Family & Friends
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Circuit Clerks meet in Eureka Springs The Arkansas Circuit Clerks Association held its summer continuing education meeting June 10-12, 2015, at the Basin Park Hotel in Eureka Springs. In addition to hearing presentations on recording documents and receiving a legislative update, the circuit clerks enjoyed dinner and a ghost tour at the Crescent Hotel. Top Left: Crawford County Circuit Clerk Sharon Blount-Baker, who also sits on the AAC Legislative Committee, won the Arkansas Traveler print given away by the Secretary of State’s office. Top Right: The circuit clerks’ meetings took place at the historic Basin Park Hotel, with side trips to the Crescent Hotel. Bottom Left: Motivational speaker Kim Hodous’ program was called “Show UP, Be BOLD, Play BIG, Don’t be Average, Be EXTRAORDINARY.”
75 Counties - One Voice COUNTY LINES, SUMMER 2015
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Family & Friends
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Judges’ topics include county jails, bridges
Top Left: Steve “Wildman” Wilson of the Arkansas Game & Fish Commission entertains the judges during their June 11, 2015, luncheon. Top Right: Miller County Judge Larry Burgess welcomes his colleagues to Texarkana for the summer meeting. Middle Left: Saline County Judge Jeff Arey chats with Gary Ballard from the state treasurer’s office. Middle: Michael Lincoln, White County judge and president of the county Judges Association of Arkansas, introduces AAC staffers who attended the June meeting. Middle Right: AAC Consultant Wes Fowler, Sevier County Judge Greg Ray and Polk County Judge Brandon Ellison, who also is an AAC board member, have a discussion in the vendor area. Bottom Left: Arkansas Sheriffs Association Executive Director Ronnie Baldwin discusses jail overcrowding and criminal justice reform. 56
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Family & Friends
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Assessors hold summer meeting at Folk Center in Stone County Top: The Arkansas Assessors’ Association held its 2015 summer continuing education meeting June 9-12 at the Ozark Folk Center in Mountain View. The event included a golf tournament, float trip, tour of Blanchard Springs Caverns, fish fry, vendor giveaways and numerous educational seminars. Left: Doug Smith, county government liaison in the Arkansas Governor’s Office, and state Sen. Missy Irvin, who lives in Mountain View, visit with Bear Chaney, director of the Arkansas Assessment Coordination Department. Bottom Left: Jefferson County Assessor Yvonne Humphrey and Commissioner of State Lands John Thurston greet one another during a lunch break. Bottom Right: Stone County Judge Stacey Avey welcomed assessors to Mountain View on Wednesday, June 10, and then mingled with officials at the Folk Center. Here, he chats with Doug Smith, county government liaison in the Arkansas Governor’s Office.
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Worker’s Compensation Fund pays $1 million in dividends to its member counties in 2015
T
he Association of Arkansas Counties Workers’ Compensation Trust is proud to announce that for the 19th straight year dividends will be returned to all participating counties. The 2015 dividend is declared based on 2011 premiums paid and losses incurred. This brings the total dividends paid over the last 19 years to $25,698,953. 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, Elizabeth Sullivan, Barry Burkett, Renee Turner and Kim Mitchell do an excellent job.” AAC Risk Management and Insurance Director Debbie Norman said, “From inception to today, this program has performed beyond expectations. It has always been our goal to reward counties with dividends, and this is the 19th straight year that successful management of the program and the commitment to safety in our counties has allowed it to occur.” AAC, along with county officials from around the state, created the AAC Workers’ Compensation Trust in 1985 – a plan to pool resources and form a self-funded, county-owned trust to provide premium Workers’ Compensation coverage at a savings to members. The AAC Workers’ Compensation Trust is fully regulated by the State of Arkansas Workers’ Compensation Commission. Current trustees are Judy Beth
Hutcherson, Clark County Treasurer; Debbie Wise, Randolph County Circuit Clerk; Debra Buckner, Pulaski County Treasurer; Jim Keasler, Lee County Judge; and Joe Gillenwater, Miller County Justice of the Peace. Here are the formulaic dividend amounts per county as approved by the AAC/WCT board: Arkansas County................................$10,546 Ashley County......................................$7,290 Baxter County....................................$24,890 Benton County...................................$49,088 Boone County....................................$13,722 Bradley County.....................................$5,774 Calhoun County...................................$8,289 Carroll County...................................$10,282 Chicot County......................................$6,286 Clark County......................................$12,039 Clay County.........................................$8,564 Cleburne County................................$11,249 Cleveland County.................................$2,447 Columbia County..............................$13,927 Conway County.................................$12,193 Craighead County..............................$36,236 Crawford County...............................$18,966 Crittenden County.............................$18,545 Cross County........................................$8,719 Dallas County.......................................$7,049 Desha County.......................................$6,517 Drew County........................................$9,712 Faulkner County.................................$26,991 Franklin County......................................$500 Fulton County......................................$7,487 Garland County.................................$30,599 Grant County.....................................$10,230 Greene County.....................................$7,346 Hempstead County..............................$9,951 Hot Spring County............................$11,966 Howard County....................................$6,958 Independence County........................$21,948 Izard County............................................$500 Jackson County..................................$10,689
Jefferson County.................................$25,803 Johnson County....................................$9,330 Lafayette County..................................$5,988 Lawrence County.................................$9,363 Lee County...........................................$5,700 Lincoln County....................................$4,362 Little River County...............................$7,122 Logan County.......................................$2,202 Lonoke County..................................$14,975 Madison County................................$15,270 Marion County...................................$10,762 Miller County.....................................$12,639 Mississippi County.............................$27,266 Monroe County....................................$5,501 Montgomery County...........................$8,672 Nevada County.....................................$6,815 Newton County..................................$10,006 Perry County........................................$6,823 Phillips County...................................$12,596 Pike County..........................................$8,254 Poinsett County....................................$8,328 Polk County........................................$12,427 Pope County.......................................$18,293 Prairie County......................................$3,809 Pulaski County...................................$58,180 Randolph County.................................$6,864 Saline County.....................................$30,249 Scott County........................................$9,962 Searcy County.....................................$11,329 Sebastian County..................................$3,439 Sevier County.......................................$9,245 Sharp County.....................................$11,218 St. Francis County................................$8,095 Stone County........................................$9,711 Union County....................................$18,414 Van Buren County.............................$20,271 Washington County...........................$55,088 White County....................................$25,823 Woodruff County.................................$5,294 Yell County.........................................$17,017
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AAC onference AAC amily r i e n d s»
C& F 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 6 MI L L I O N dollars in dividends, payable to members of the fund. In fact, we mailed $1,000,000 in savings back to member counties in August 2014.
The service is available for any size county government and other county government-related entities. We’ve got you
c ov e r e d!
Members enjoy dividends! $26 Million paid since 1997
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Experienced & licensed examiners
covered Brandy McAllister
Debbie Norman
Debbie Lakey
Kim Nash
Renee Turner
Barry Burkett
Kim Mitchell
Elizabeth Sullivan
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The Association of Arkansas Counties Working for county officials toward the common goal of effective county government...
D
id you know that counties are subdivisions of Arkansas state government? As such, our county and district elected officials and staffs are like gears in a large and complex engine. AAC’s goal is to keep that engine welloiled and finely-tuned by providing a broad array of:
• Legislative Representation • Education and Training • General Assistance and Research • Publications & Public Information • Protection Options: AAC Risk Management & Worker’s Compensation Programs AAC serves as the official voice of county gov-
ernment at the state Capitol, and serves as the Our Mission The Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district
www.arcounties.org
official spokesperson and liaison of Arkansas counties in dealing with state and federal agencies. The key to the stability and development of county government is in presenting a unified voice to other levels of government. There is much truth in the adage, “There is strength in unity.” The Association of Arkansas Counties provides training and assistance in solving problems and in developing “best” practices. AAC produces numerous publications to help county officials with both simple and technical questions, so they can get needed answers without having to reinvent the wheel. This information is available through numerous training workshops, helpful brochures and directories, County Lines magazine, and online at the website: www.arcounties.org
officials. The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office.
Chris Villines Executive Director
AAC
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EPA to have nothing to do with your day-to-day tasks. Essentially, the Court is sending a clear message to all federal regulatory agencies that, at least when its regulation must meet the threshold of “appropriate and necessary,” the cost of implementation and compliance with their standards borne by the entities being regulated must be considered before that regulation is permitted. Arkansas Attorney General Leslie Rutledge publicly praised the U.S. Supreme Court for its ruling: “Today is a victory for Arkansas’s economy and consumers as the Supreme Court reined in the EPA. We all want to protect the environment to make sure that we pass along clean air and clean water to future generations. I’m pleased the Supreme Court has ruled that the EPA cannot ignore the costs of those regulations it seeks to impose. As Justice Antonin Scalia indicated in his majority opinion, the Clean Air Act makes several mentions of costs, which should be one of the many factors the agency considers as it proposes new rules. The EPA’s own estimate of the cost of compliance with the challenged regulation was $9.6 billion per year, with only $4 to $6 million per year in benefits. This ruling should serve as a reminder to the EPA that it is not above the law. Last month, the EPA put forward its unprecedented rule to expand its authority over numerous isolated bodies of water, a clear violation of the Clean Water Act. In addition, later this summer, the EPA is expected to finalize its Clean Power Plan, which will seek to impose illegal requirements on States and power plants. Both rules exceed the intent provided by Congress and will have devastating effects on Arkansas. In light of today’s ruling, I encourage the EPA to withdraw its WOTUS rule and carefully consider the legality of the Clean Power Plan.” Standing up to federal overreach has been one of Rutledge’s most prominent platforms since she first declared her candidacy for the 2014 Arkansas Attorney General race, and she certainly has not backed down from it. Rutledge testified before the federal Senate Agriculture Committee in March in opposition of the EPA’s proposed “Waters of the United States” rule under the Clean Water Act. She testified that the proposed rule could cripple Arkansas’ agriculture industry; that it further convoluted what the federal government can regulate; would serve to confuse Arkansas farmers; and force them to seek legal assistance in order to comply with the proposed rule. She explained in her testimony that potential fines for farmers not in compliance could reach $37,500 per violation per day. Rutledge does not stand alone; more than 1 million comments, largely by farmers and ranchers, have been submitted to the EPA expressing concerns over the proposed rule and its potential costs. Kansas Sen. Pat Roberts, Agriculture Committee chair, acknowledged the validity of rural America’s concerns on the rule’s economic impact to these regions, saying that the EPA has provided no evidence to alleviate those concerns. Roberts expressed his own reservations about the cost-benefit analysis, citing other experts who disagree with the EPA’s assertion that the rule would have only a minimal economic impact. Even EPA Administrator Gina McCarthy admitted that the agency did a poor job initially of introducing and explaining the proposed rule to the public. She went on to say that the amended rule would clearly define what will and will not be regulated — and that farmers will not be impacted. Rutledge has since stated that she has no confidence in McCarthy’s assurances about farmers, instead asking the EPA to throw out the proposed rule altogether and start over, better addressing the concerns of numerous states and stakeholders. U.S. Senator John Boozman of Arkansas also has expressed concerns COUNTY LINES, SUMMER 2015
<<< about the potential economic impact on rural Arkansas and stated that he will seek to prevent the rule from being implemented. He referred to the rule as a “power grab” by the EPA that “circumvents Congress and is beyond the intent of the Clean Water Act.” On the other side, the Arkansas Chapter of the Sierra Club stands firmly behind the bill, defending its clarity and “well-crafted environmental protections.” (Peter Urban, Washington News Bureau). The final version of the Clean Water Rule was finalized on May 27, 2015, published in the Federal Register on June 29, 2015, and will become effective on August 28, 2015. In response, as of July 23, 2015, three different lawsuits had been filed against the EPA over the implementation of the Final Clean Water Rule, by a coalition of 27 states, various conservation and environmental groups, U.S. Chamber of Commerce, National Federation of Independent Businesses, as well as others. Rutledge joined with 12 other states the day of the rule’s publication in one lawsuit filed in North Dakota, alleging that the rule violates the Clean Water Act, the National Environmental Policy Act, the Administrative Procedures Act, and the U.S. Constitution. Rutledge’s press release adds: Continued From Page 19
“The States assert that the EPA’s new rule wrongly broadens federal authority by placing a majority of water and land resources management in the hands of the federal government. Congress and the courts have repeatedly affirmed the States have primary responsibility for the protection of intrastate waters and land management. The States argue that the burdens created by new requirements from the EPA on waters and lands are harmful to the States and will negatively affect farmers, developers and landowners, and thus the overall economy.” The U.S. District Court agreed and granted the states’ request for a preliminary injunction, guaranteeing that the WOTUS Rule will not go into effect nor be enforced until it has been fully litigated. The court recognized the states’ likely success in their lawsuit, stating that it appears the EPA exceeded its constitutional grant of authority and also failed to comply with Administrative Procedures Act requirements, which ensure public participation in the rulemaking process, with its promulgation of this rule. In conclusion, the recent U.S. Supreme Court ruling in Michigan v. EPA might provide key leverage to the claims of these states and organizations that the EPA, once seeming almost untouchable, is in fact overstepping its bounds with the Waters of the U.S. rule. It certainly bolsters the accusation that the EPA is implementing regulations while failing to properly account for the cost to the entities being regulated. While U.S. President Barack Obama’s administration has defended the rule, the U.S. House of Representatives and a key U.S. Senate committee recently voted to rescind it. Whether the rule goes into effect is something for rural Arkansans to keep an eye on, since agriculture is Arkansas’s largest industry, contributing around $16 billion to the state’s economy annually, according to Arkansas Farm Bureau. Farm Bureau’s web site states there are 49,346 farms statewide, and that 97 percent of those are family owned. Needless to say, costly compliance and legal issues could be devastating to these farm families, and subsequently, the state’s economy as a whole if the Waters of the U.S. rule is implemented. The three pending lawsuits, all in different federal courts across the nation, are worth watching and will be key in how the EPA and other federal regulatory agencies study, implement and administer costly rules and regulations going forward. 61
AAC
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About NACo – The Voice of America’s Counties National Association of Counties (NACo) is the only national organization that represents county governments in the U.S. NACo provides essential services to the nation’s 3,068 counties. NACo advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innovative solutions through education and research and provides value-added services to save counties and taxpayers money.
Department of Labor releases proposed rule on overtime pay By Daria Daniel On July 6, the U.S. Department of Labor’s (DOL) Wage and Hour Division released a proposed rule to update and revise the regulations issued under the Fair Labor Standards Act (FLSA) that would change the way employers implement the exemption from minimum wage and overtime pay for executive, administrative and professional employees. This proposal could have a significant impact on counties and the number of employees that are eligible for overtime pay. According to the Obama administration, the proposed changes would affect an estimated 5 million workers across the United States, and the new overtime regulations would cover about 40 percent of the country’s full-time salaried workforce. There are several key issues that counties should be aware of: •
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The FLSA, first enacted in 1938, established a national minimum wage and set the overtime pay rate at one and one-half times an employee’s regular rate for any hours over 40 hours in a workweek. The standard salary level required for exemption from overtime pay is $455 per week ($23,660 for a full-year worker), which was last updated in 2004. DOL seeks to update this salary level and more than double the current salary threshold for overtime pay eligibility to $970 a week ($50,440 for a full-year worker) in 2016. While these wage and overtime protections extend to most workers, the FLSA provides employers with a few exemptions from the overtime pay requirement, such as the “white collar” exemption, which applies to executive, administrative and
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•
professional employees. The Labor Department’s proposed overtime pay rule for “white collar” employees is applicable to state and local government workers. The proposed rule is also applicable to any businesses, including small businesses, which have annual gross sales of $500,000 or more. If the overtime pay rule is enacted, there could be significant financial and administrative impacts on state and local governments and small businesses.
The “white collar” exemption was created to exempt workers that earned a salary well above the minimum wage and enjoyed other privileges, including above average benefits, greater job security and better opportunities for advancement, setting them apart from workers entitled to overtime pay. To be considered exempt, the workers must meet certain minimum tests, which include earning the standard salary level and performing particular job duties. The job “duties test” is an assessment of whether the worker performs mostly executive, administrative or professional duties. If so, the worker is not entitled to overtime pay. The proposed rule would increase the minimum salary threshold from $455 to $970 per week, potentially increasing the number of “white collar” employees that would be eligible for overtime pay. While the proposed rule focuses on increasing the minimum salary threshold for overtime pay, the administration is also considering changes to the job “duties test” and has asked for comments on this along with the new salary threshold. DOL is accepting written comments until September, 4, 2015, at www.regulations.gov. A final rule is expected in early 2016.
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