Summer 2022 County Lines

County Lines Summer 2022

AAC Conference Recap Page 30

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In This Issue COVER STORY

AAC Conference Recap...................................................................30

Features

AAC Announces 2022 Scholarship Recipients...........................26 Benton County Circuit Clerk receives Wes Fowler Award..........28 AAC Board Profile: Selena Blair......................................................40 AAC Staff Profile: James Mirus.....................................................41 AAC Staff Profile: Aaron Newell.....................................................41 AAC Staff Profile: Mallory Floyd.....................................................42

AAC Photo Recap: County Circuit Clerks....................................48 AAC Photo Recap: County Collectors...........................................49 AAC Photo Recap: County Sheriffs............................................50

Departments

From the Director’s Desk...................................................................7 President’s Perspective.....................................................................9 From the Governor............................................................................11 AG Opinions........................................................................................13 AAC Research Corner.......................................................................14

AAC Staff Profile: Dillon Cordell.....................................................42 AAC Photo Recap: County Clerks..................................................44 AAC Photo Recap: County Treasurers.......................................45 AAC Photo Recap: County Judges.................................................46

Seems to Me..................................................................................... 16

AAC Photo Recap: County Assessors.............................................47

News from NACo...............................................................................54

Cover N o tes: Riding the Waves of Change

Governmental Affairs.......................................................................19 Legal Corner.......................................................................................21 Litigation Lessons.............................................................................23

( P hotos by Caitlin Brown and Christy L. Sm i th)

In this issue of County Lines, we offer a recap of the AAC’s 23rd Annual Randy Kemp Memorial Scholarship Golf Tournament and the 54th Annual Conference, which had a beach theme this year. Turn to page 30.

Top left: Golfers prepare to begin the tournament. Top right: Baxter County Sheriff and AAC Board Member John Montgomery, Pulaski County Treasurer/ Collector and AAC Board Member Debra Buckner, AAC Executive Director Chris Villines, and Randolph County Circuit Clerk and AAC Board President Debbie Wise pose for a photo. Bottom left: Pictured are Lee County Justice of the Peace Victoria Perry and Lincoln County Justice of the Peace David Rochell. Bottom right: Pictured are Perry County Treasurer Jan Moore and Pike County Treasurer Loletia Rather.

— Photos by Caitlin Brown and Christy L. Smith

COUNTY LINES, SUMMER 2022

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AAC

CALENDAR

20

AAC Mission Statement

Sept. 26-28 County Clerks Ozark Folk Center, Mountain View

Nov. 27-29 Collectors Wyndham, North Little Rock

Oct. 12-14 Circuit Clerks Embassy Suites, Jonesboro

Nov. 15-18 Assessors Embassy Suites, Jonesboro

Oct. 24-25 Coroners Wyndham, North Little Rock

Contact AAC

Calendar activities also are posted on our website:

www.arcounties.org

T

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

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

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

Chris Villines, Executive Director cvillines@arcounties.org

Jenny Evans, Accounting & Program Assistant Karen Bell, Program Assistant kbell@aacrms.com jevans@arcounties.org

Anne Baker, Executive Assistant abaker@arcounties.org

Ellen Wood, Admin. Asst./Receptionist Mark Harrell, IT Manager ewood@aacrms.com mharrell@arcounties.org Brandy McAllister, RMS Counsel bmcallister@arcounties.org

Loretta Green, Receptionist lgreen@arcounties.org

Risk Management/ Workers’ Compensation

Eddie A. Jones, Consultant e.jonesconsulting@gmail.com

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

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

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

Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org

Cathy Perry, Program Analyst cperry@aacrms.com

Lindsey French, Legal Counsel lfrench@arcounties.org

Kim Nash, Workers’ Comp Claims Adjuster knash@aacrms.com Mallory Floyd, RMS Employment Counsel mfloydl@arcounties.org Renee Turner,Workers’ Comp Claims Adjuster rturner@aacrms.com Fonda Fitzgerald, RMS Paralegal ffitzgerald@arcounties.org Riley Groover, Claims Analyst rgroover@aacrms.com Shantina Osborn, RMS Paralegal sosborn@arcounties.org

Christy L. Smith, Communications Director csmith@arcounties.org Caitlin Brown, Communications Coordinator cbrown@arcounties.org

Colin Jorgensen, RMS Litigation Counsel cjorgensen@arcounties.org JaNan Thomas, RMS Litigation Counsel jthomas@arcounties.org Melissa Dugger, RMS Litigation Counsel mdugger@arcounties.org Aaron Newell, RMS Litigation Counsel anewell@arcounties.org

Karan Skarda, ACE Program Coordinator kskarda@arcounties.org

Greg Hunt, Claims Analyst Samantha Wren, RMS Paralegal ghunt@aacrms.com swren@arcounties.org

Cindy Posey, Accountant cposey@arcounties.org

Kim Mitchell, Premium Analyst James Mirus, Member Services Manager kmitchell@aacrms.com jmirus@arcounties.org

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COUNTY LINES, SUMMER 2022

AAC

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

Executive Director/Publisher Chris Villines Communications Director/ Managing Editor Christy L. Smith Communications Coordinator/ Editor Caitlin Brown

AAC Executive Board: Debbie Wise – President Brandon Ellison – Vice President Jimmy Hart – Secretary-Treasurer Tommy Young Deanna Sivley Debra Buckner Dana Baker Kevin Cleghorn Terry McNatt Ellen Foote Doug Curtis Gerone Hobbs Marty Boyd John Montgomery Heather Stevens Brenda DeShields Selena Blair Randy Higgins National Association of Counties (NACo) Board Affiliations Debbie Wise: NACo board member. She is Randolph County Circuit Clerk and president of the AAC Board of Directors.

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

Ted Harden: Finance & Intergovernmental Affairs Steering Committee. He is a member of the Jefferson County Quorum Court.

David Hudson: He is Sebastian Co. Judge and member of Rural Action Caucus Steering Committee and IT Standing Committee.

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

Rusty McMillon: Justice and Public Safety Steering Committee. He is Greene County Judge Joseph Wood: Community, Economic and Workforce Development Steering Committee. He is Washington County Judge.

Kevin Smith: IT Standing Committee. He is the Sebastian County Director of Information Technology Services.

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

Paul Elliott: Vice-Chair of Justice and Public Safety Steering Committee, vice-chair of law enforcement subcommittee. He is a member of the Pulaski County Quorum Court.

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

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

COUNTY LINES, SUMMER 2022

DIRECTOR’S DESK

Welcome and teach new officials coming into the fold

A

s we turn the corner to the end of our year, there is much attention given at the AAC to two main things. Firstly, a legislative session is soon to Chris Villines come, and we are working hard to prepare our AAC legislative package based on each of your associations’ offerExecutive Director ings. And secondly, we are witnessing and participating in the ritual of elected officials retiring and new ones coming in.

For the first time we are approaching the end of four-year terms in office. This obviously means that the turnover is approaching double of what our historic twoyear turnovers have been. In some of our associations nearly half of the elected officials are moving on. The loss of institutional knowledge is going to be profound and here at the AAC we recognize this and will be giving great effort to help train new elected officials.

What we ask from those of you retiring is that you please stay in touch with your replacements, offer guidance when asked, and encourage them to stay in contact with the AAC team should they have any questions. We will do our best to indoctrinate them into county government at our new-elects training in December, but nothing helps like that lifeline to you or to their counterparts in adjoining counties.

For those of you staying around, welcome back! We look forward to continuing to work with you and together make county government better than ever. And get ready for a lot of new faces at association meetings next year where each group will welcome its largest new class ever.

Those of you who are transitioning to retirement on January 1, we hope you enjoy a hard-earned reward for your service to your constituents. In my opinion, you’ve braved some of the most difficult times to ever serve in public office. Covid has been extremely hard to maneuver through. Managing an office staff during a time when all the normal rules were thrown out the window has been amazingly hard.

In addition, some of the respect for public servants has eroded over the past decade or two as a vitriolic tenor in federal politics has spilled down to state and local levels. You deserve better than that and true civil communication begins and is rooted in local service. Your calm voices are important to us who continue in local government, and we hope you will lead in your communities to impart dialogue with respect and civility, though not from the public office you once served.

The good news for retirees is that there are some great perks for you. As we wish you well into your new season of life consider the following great aspects of reaching retirement: 1.

2.

3.

4.

5.

6.

7.

8.

Kidnappers are not very interested in you.

In a hostage situation, you are likely to be released first.

No one expects you to run — anywhere.

People call at 9 p.m. and ask, “Did I wake you?”

People no longer view you as a hypochondriac.

There is nothing left to learn “the hard way.”

Things you buy now won’t wear out.

You can eat dinner at 4 p.m.

>>> 7

AAC

DIRECTOR’S DESK

9. You cannot live without your glasses.

10. You enjoy hearing about other people’s operations.

11. You get into heated arguments about pension plans and social security.

12. You no longer think of speed limits as a challenge.

13. You quit trying to hold your stomach in, no matter who walks into the room.

14. You sing along with elevator music.

15. Your eyes won’t get much worse.

16. Your investment in health insurance is finally beginning to pay off.

17. Your joints are more accurate meteorologists than the National Weather Service.

18. Your secrets are safe with your friends because they can’t remember them either.

19. Your supply of brain cells is finally down to a manageable size. And, 20. You won’t remember where you saw this list.

As I wrote that, I saw laughing faces of many of you who have become great friends over my 24 years of service in county government. I will miss you. We have been in the trenches together and emerged tired yet stronger because of these battles.

I am proud to have served alongside you all and will miss

walking into your next association meetings and not seeing your faces. You have all taught me and all of us at the AAC along the way, and we wish you the best and hope that your retired life offers the chance to do whatever it is that you always wanted to do but didn’t get to.

•••• As you know, our partnership with the Arkansas Municipal League has strengthened even more with the recent announcement of the Arkansas Opioid Recovery Partnership (AORP) and the hiring of State Drug Director Kirk Lane to oversee the utilization of county and city opioid settlement dollars. More can be found on this strategic and historic move in Colin Jorgensen’s article in this issue of County Lines.

The AAC Board of Directors has been instrumental in having the foresight to move ahead even before the settlement dollars arrive. This way we can develop a plan to wisely and strategically empower local government to fix a problem that has plagued us for too long. More will be coming on this but suffice it to say that we could not be better positioned. Thank you all for believing in us and trusting the AAC to fight this battle in a way that will yield meaningful results — and at a local level.

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COUNTY LINES, SUMMER 2022

AAC

PRESIDENT’S PERSPECTIVE

An overview of the 54th conference

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nother successful AAC Annual Conference is in the books. I was pleased to see our attendance back up to about 850 this year, and I thought the theme — County Resilience: Riding the Waves of Change — was appropriate. We have seen much change in the last three years, but we also have proved our resilience in the face of new challenges — and overcoming challenges makes us stronger in the end.

Those who attended were able to hear from many distinguished speakers: Congressman Bruce Westerman; NACo 1st Vice President Mary Jo McGuire of Ramsey County, Minnesota; Lt. Gov. Tim Griffin, who presented via Zoom due to the special legislative session; Democratic Gubernatorial candidate Dr. Chris Jones, who appeared by video; and Republican Gubernatorial candidate Sarah Huckabee Sanders.

Each of the nine associations under the AAC umbrella met, and many of them discussed and finalized the legislative packages they will submit to the AAC Board and Legislative Committee for review. Jail Track Training was once again offered by the AAC RMF staff, and breakout sessions focused on heavy topics, such as Infrastructure, Active Shooters and Volatile Persons Awareness, Dealing with Difficult People, and more.

The AAC Executive Director and I had the privilege of handing out several awards. During our Tuesday night AAC Board meeting, we honored retiring Greene County Treasurer and longtime AAC Board member Debbie Cross with a Diamond Award for her service. We also honored Arkansas Municipal League (ARML) Executive Director Mark Hayes and ARML Legal Counsel John Wilkerson with Diamond Awards in appreciation of their partnership with counties and the state to seek a settlement from opioid manufacturers.

This year’s AAC scholarship recipients were recognized, as were several of our ArkTRECS participants. ArkTRECS

is a program the AAC and NACo has collaborated on to help our county officials collect certain outstanding debts. If this program sounds interesting to you, please contact Lindsey French at the AAC for more information.

DEBBIE WISE Thank you to all our exhibitors AAC Board President; and sponsors. We had 97 exhibitors Randolph County Circuit Clerk and sponsors this year. Without you, our conference would not be possible. I appreciate your continued support of county government more than I can say.

In this issue of County Lines magazine, you will see highlights from the 54th Annual Conference, starting on page 26 with our annual AAC scholarship winners. On page 28, you’ll read about this year’s 2022 Wes Fowler Advocacy Award. It was my immense pleasure to recognize fellow Circuit Clerk and AAC Board Member Brenda DeShields of Benton County with this award.

On the pages that follow, you can relive the conference and the annual Randy Kemp Memorial Scholarship Golf Tournament through photos.

If you couldn’t join us for conference this year, please consider attending next year. The 55th Annual Conference will be held August 9-11, 2023, at the Rogers Convention Center in Benton County. I look forward to seeing you all there.

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

We want to hear from YOU Tell us your good news. Be sure to let us know if an aspect of county government “made news” recently in your county. Or if your county officials or staff get an award, appointment or pat on the back. We want the whole state to know about your successes and accomplishments.

Contact Communications Director Christy L. Smith at csmith@arcounties.org.

COUNTY LINES, SUMMER 2022

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I

FROM THE GOVERNOR

Supporting fairness for states’ workers

’d like to talk about a proposed federal rule dealing with construction contracts and my efforts to lead the 17 other governors who oppose this executive order.

Earlier this year, President Biden signed an executive order that requires Project Labor Agreements for federal construction projects. This action will require federal construction contracts of $35 million or more to have a government-mandated project labor agreement.

A project labor agreement is a collective bargaining agreement with labor unions to establish the terms and conditions of employment for a specific construction project.

When a project labor agreement is required by government agencies, this interferes with the current competition between union and non-union contractors. This executive order requirement will discriminate against local construction workers in favor of out-of-state union jobs for these federal contracts.

The federal government will decide who will work on a construction project and favors union over non-union construction companies. This is directly interfering with our workforce and the ability of Arkansas companies to receive these construction contracts.

A reduction in competition from some of the best union and non-union construction firms and workers in our state will exacerbate the construction industry’s skilled labor shortage. It will delay projects and increase construction costs by an estimated 12 percent to 20 percent per project. These issues will result in fewer infrastructure improvements, less construction industry job creation, and higher costs to the

taxpayers. All of which I oppose.

In 2021, Arkansas had one of the lowest rates of union membership in the nation at 3.9 percent, according to the Bureau of Labor Statistics. This proposed rule will put Arkansas at a disadvantage Hon. ASA when utilizing our funding from HuTCHINSON the Infrastructure Investment and Governor of Arkansas Jobs Act. Labor unions have played an important role in our nation’s history. But I believe the government’s role in business is to provide an avenue for success and not a roadblock. This rule will create a playing field that isn’t level because it provides an advantage to unionized companies.

Onerous regulations and red tape raise the cost of doing business and suppress economic vitality. The proposed rule from the Biden administration will hamper our state’s ability to efficiently and fully utilize federal funding.

I’m honored to have the support of 17 fellow governors from all corners of our nation as we seek to oppose this rule and support fairness for our states.

Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas

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AAC

AG OPINIONS

From criminal justice coordinating committees to vacation leave for county law enforcement AG OPINION NO. 2021-088 The AG was requested to determine whether a criminal justice coordinating committee created by county ordinance is subject to the open meetings provisions of the Freedom of Information Act (FOIA). Ark. Code § 25-19-106 provides, “Except as otherwise specifically provided by law, all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts … supported wholly or in part by public funds or expending public funds, shall be public meetings. The AG did not address whether the FOIA applied to the subject criminal justice coordinating committee. The AG, however, did determine that Ark. Code § 14-14-109 was applicable and more specifically designed to address county-created entities like described in the subject request.

AG OPINION NO. 2022-013 The matter involved a volunteer fire department (VFD) and placing their dues on the property taxes as provided by Ark. Code § 14-20-108. The AG determined if the people in the district voted to affix their dues at a specific rate, then the people would have to vote to increase their dues. If the rates were set by the VFD board of directors and the voters merely approved to have their dues placed on their property taxes, then the board of directors may increase the dues without a vote of the people. The AG determined that the request was presumably made concerning nonprofit VFD organized as associations or corporations. The board of directors were voted upon and accountable to the service area’s members. If the measure voted upon by the people had a specific rate, then only that rate may be applied until a vote to increase the rate is adopted.

AG OPINION NO. 2022-010 Under the law an offender with prior violent felonies is not

eligible for parole under Ark. Code § 16-93-609. In 2015, the General Assembly declared that for purposes of eligibility under Ark. Code § 16-93-609, residential burglary is considered a prior Mark Whitmore felony offense. It was inquired, Chief Legal Counsel for purposes of this act, is a residential burglary committed prior to the effective date of the Act considered to be a prior violent felony offense? Yes. The AG explained that an offender previously convicted of residential burglary that committed an additional felony offense on or after the effective date of the Act is not eligible for parole. (This makes it evident that the projections demonstrating the longstanding need for a 3,500 additional state prison beds, will necessarily need to be adjusted upward).

AG OPINION NO. 2022-011 Presently, Arkansas law provides city/municipal law enforcement officers three weeks of annual vacation leave.

(See Ark. Code § 14-52-106). The AG was asked whether laws could be adopted by the General Assembly to provide for similar annual vacation leave for county law enforcement officers. The AG noted the provisions of Amendment 55 vesting the authority “to fix the number and compensation of deputies and county employees” with the quorum courts in Arkansas. Ark. Code § 14-14-805 merely reflects that constitutional authority. The quorum courts may provide their law enforcement deputies and/or county employees three weeks of annual vacation leave such as is provided to city/municipal law enforcement officers. However, the AG determined, the General Assembly may not require it.

75 Counties - One Voice COUNTY LINES, SUMMER 2022

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AAC

RESEARCH CORNER

Behavioral Health in Arkansas: Where we have been and where we are heading

U

nder Act 423 of 2017, “the Criminal Justice Efficiency and Safety Act,” the state of Arkansas established regional Crisis Stabilization Units (CSUs) that serve to provide individuals experiencing a behavioral health crisis access to mental health stabilization and detox services to avoid being booked into county jails. Diverting appropriate individuals to CSUs from jails is a legal and clinically appropriate manner of addressing the needs of a person with behavioral health issues. Upon arriving at a CSU, individuals are assessed, and treatment is initiated, including medication management if needed. The CSU also provides case management services such as assisting with application for insurance, including Medicaid, if the individual is uninsured; crisis referral for an independent assessment to facilitate enrollment in a Provider Led Arkansas Shared Savings Entity (PASSE) for those who are deemed to meet criteria for Serious Mental Illness; and referral for outpatient mental health, and substance use services housing. The CSU follows up with individuals regularly to ensure their ongoing compliance with treatment referral and recommendations to reduce future law enforcement contacts. CSUs are certified through the Arkansas Department of Human Services (DHS) Division of Provider Services and Quality Assurance as a freestanding Acute Crisis Unit (ACU).

During the initial study in support of Act 423 of 2017, the Council of State Governments recommended establishment of regional CSUs and possibly mobile crisis units. Arkansas has established four regional CSUs in Washington, Sebastian, Pulaski, and Craighead counties. These serve the most populated areas of the state. CSUs are accessible 24 hours a day, seven days a week. Mobile crisis services are available through the 12 contracted Community Mental Health Centers. During the Arkansas Sheriffs Summer Convention at Rogers on June 6, 2022, Gov. Asa Hutchinson, champion of diversion and justice reinvestment, voiced support for a need to establish a regional CSU in South Arkansas. We’ve made unprecedented strides in diversion and behavioral health during Gov. Hutchinson’s administration.

Since the first CSU opened in 2018 in Sebastian County, the four CSUs combined have admitted more than 8,000 individuals. Law enforcement or any Arkansas citizen in crisis may use any of the state’s four CSUs. However, individuals are not currently transported to CSUs via emergency transportation. Individuals in crisis anywhere in the state can be transported to CSUs by law enforcement, family, or anyone concerned.

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Freestanding CSUs, which may have up to 16 beds, must be certified as ACUs and provide stabilization and referral services as a Medicaid enrolled provider. CerJordyn Nykaza tification as an ACU allows CSUs Law Clerk to be supported through Medicaid funding. Since Arkansas, through Medicaid Expansion, provides options for insuring most adults, CSUs may receive Medicaid funding retroactively for those individuals who apply for and meet the qualifications for Medicaid. Priority for admission to CSUs is given to law enforcement based on the unique diversionary role of the CSU. DHS previously implemented policy to all Arkansas Medicaid enrolled Outpatient Behavioral Health Agencies to open Medicaid reimbursable ACUs and has recently updated the policy to allow hospitals to open acute crisis beds for adults and children. This allows for provision of acute crisis services within local communities — including critical access hospitals in rural areas of the state — and provides options for hospital emergency rooms for individuals presenting with mental health and substance use crises. According to DHS, allowing rural hospitals to create acute crisis beds will allow for more robust use of existing hospitals and their operations. Also, crisis beds within hospitals throughout Arkansas will allow for patients in crisis to access a crisis bed 24 hours a day, seven days a week. This also alleviates the transportation barrier often encountered for freestanding CSUs. Local hospital crisis beds will improve access and allow for integrated discharge planning, benefits assistance, and follow-up appointments. As with a CSU, an individual can be referred by law enforcement or through a health care provider, or they may present to the emergency room for services. Currently there are no hospitals operating CSUs within a hospital setting, though this is allowable based on changes to Medicaid policy and would be compliant with Act 423 of 2017.

Initially, we sought to keep up with Mississippi, which initially had eight regional CSUs in 2017. Now, Mississippi has 13 regional CSUs and 172 beds available. The hope is that this multi-faceted approach will offer better and more efficient services to our citizenry regionally in Arkansas. Sheriffs want to see the success of these programs. From a sheriff’s perspective the primary goal of diversion is achieved. Diversion was the primary goal of the 2017 Act and the justice reinvestment. We do not want the ability to use a CSU as an ACU or these other COUNTY LINES, SUMMER 2022

AAC programs to adversely impact the number of beds and services available for diversion. Indeed, the hope is that this unique approach will result in better and more widespread services for Arkansans — and fewer mentally ill warehoused in county jails.

Under Arkansas law, individuals who have committed a crime and are suspected to have a mental disease or defect are ordered to DHS for evaluation for fitness and responsibility.

Individuals who are evaluated and found to be unfit to stand trial may be ordered into DHS custody for restoration treatment and detention, or they may be released to receive treatment through the Forensic Outpatient Restoration Program.

After receiving restoration treatment and education the unfit defendants are re-evaluated for fitness. The DHS Division of Aging, Adult, and Behavioral Health Services is responsible for the management of the forensic population including coordination of restoration and treatment services for individuals who have been found unfit to stand trial.

The Arkansas State Hospital (ASH) is the state’s only statefunded acute psychiatric hospital with 200 beds— approximately 185 of which are allocated for adults and the rest allocated for juveniles. Arkansas is ranked 46th in the United States in the number of state hospital beds per capita. Individuals experiencing acute psychiatric episodes and meeting criteria may be civilly committed to ASH, or individuals who meet acute psychiatric criteria undergoing restoration may be admitted to ASH for stabilization and restoration treatment.

Because ASH is the only state-funded acute inpatient facility, there is always a waitlist for admission. There simply are not enough state hospital beds.

Arkansas also has acute inpatient facilities funded through private insurance, Medicare, and Medicaid, as well as through state general revenue allocated to the 12 Community Mental Health Centers available for stabilization of acute psychiatric episodes. Individuals may be civilly committed to any appropriate facility for treatment and stabilization if they are unable to consent to treatment due to their mental disease.

During the 93rd General Assembly, Act 587 of 2021 was passed. It permits law enforcement to transport persons in crisis to sobering centers. Sobering centers may be associated with CSUs or ACUs but can also stand alone. These facilities provide recovery and recuperation for people who are experiencing the effects of alcohol. Although sobering centers are designed for intoxicated persons, this is helpful for the mentally ill population because these individuals typically use alcohol to self-medicate. Individuals transported to a sobering center get recovery rather than being sent to a county jail. This is another option that provides recovery as opposed to cycling these individuals through overcrowded jails, as do CSUs and ACUs. It is crucial that mentally ill individuals have access to behavioral health care services and home and community supports COUNTY LINES, SUMMER 2022

RESEARCH CORNER

after release from ASH or another acute inpatient psychiatric facility to prevent them from relapsing.

In 2019, DHS transformed the behavioral health system by moving away from a medical treatment model for the treatment of individuals with Serious Mental Illness to a Home and Community Based Model. This new model allows Medicaid to pay, through the PASSEs, for home and communitybased services, including Therapeutic Communities, which provide treatment settings that provide supervision, support, and monitoring for individuals with the highest level of need.

These Therapeutic Community settings offer a safe, secure option for individuals who do not meet the criteria for inpatient acute admission but need a secure setting to remain safely in the community. Facilities like Birch Tree Communities and Mid-South Health Systems offer step down programs, which allow individuals living with serious mental illness to recover in a safe, supported, and monitored environment. For most, this means reintegration into the community with home and community-based supports; for others, that means diversion from ASH to a more appropriate setting. DHS continues to work with providers to expand home and community-based services in the state to meet the needs of individuals with Serious Mental Illness.

DHS is working with the PASSEs to develop an enhanced care coordination process whereby individuals who are identified by DHS or by an individual PASSE will receive an enhanced level of care coordination. This includes professional clinical support with the goal of identifying home and community-based needs and coordinating care in an appropriate setting, which may be a Therapeutic Community or at home with intensive home and community-based services based on individual assessment needs. This system could provide diversion from jail into community settings such as Therapeutic Communities. Through this system, the state hopes to alleviate the strain placed on the legal system by early identification of those individuals at most risk due to a serious mental illness or intellectual disability. Through the continued development of capacity within the home and community-based provider network, individuals with Serious Mental Illness would work toward recovery and improved quality of life.

The Sheriffs are proactive advocates for the mentally ill in Arkansas. Mental illness is not a crime, and the mentally ill should be afforded treatment. It’s the duty of the state of Arkansas to provide for the treatment of the mentally ill by virtue of Article 19, § 19 of the Arkansas Constitution. We are a good-faith partner with the state of Arkansas. We have seen improvement in recent years in establishment of regional CSUs in Arkansas. We are hopeful that the approach being pursued by the state of Arkansas results in expanded diversion of the mentally ill away from our jails statewide.

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AAC

I

SEEMS TO ME...

Why was anyone surprised by our current rate of inflation?

was told that due to inflation the value of my opinion has dropped from 2 cents down to absolutely nothing. But that’s not stopping me. I’m going to share my opinion on our current high inflation rate in the United States. It has been compared to the inflation of the late 1970s and early 1980s — but it’s nothing like the inflation of that era. I lived through that time, too. In fact I was elected to county office in 1980, so I remember those times well.

What is inflation? Inflation is when you pay $15 for the $10 haircut you used to get for $5 when you had hair.

Ronald Reagan said, “Inflation is as violent as a mugger, as frightening as an armed robber and as deadly as a hit man.”

Inflation is like sin; every government denounces it yet every government practices it.

Why were we surprised when the U.S. inflation hit a 40year high earlier this year? Anyone who has had Economics 101 should have known and seen it coming down the tracks. Money is just another commodity, no different from oil, steel, beef, or pork bellies. Therefore money, like any other commodity, can rise and fall in price — depending on what? Yep, supply and demand. But because money is the one commodity that is universally accepted in exchange for every other commodity, we have a special term for a fall in the price of money; we call it “inflation.” As the price of money falls, the price of every other commodity goes the other direction — up.

In 2020 the United States was hit hard by the CoVid-19 pandemic. The United States government has pumped trillions of dollars into the economy to help mitigate the effects of many businesses shutting down and others slowing down.

The two largest federal appropriations were the Coronavirus Aid, Relief and Economic Security Act (CARES Act) in early 2020 during the Republican Trump Administration; then the American Rescue Plan Act (ARPA) in March 2021 during the Democratic Biden Administration. In all there were four CoVid-19 supplemental appropriations made by Congress for a total of $4.5 trillion.

As is the norm for Congress, they either don’t do it or they overdo it. There is no happy medium. In this case they overdid it. They created a money glut and it has helped push up prices. Milton Friedman, the Nobel Prize winning economist, said “Create too much money and you get inflation.”

We are witnessing the proof of that now.

And it’s not over either. Many local and state governments still have large amounts of this funding in their coffers that they will use over the next couple of years. This usage will be 16

a more gradual usage than the amounts that were awarded to individuals and to businesses for payroll. So, the inflationary pressure will not be as great, but it will still exist to a lesser degree.

Inflation has been around as long as money itself. Here are just a few examples: •

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Eddie A. Jones County Consultant

Inflation decimated the Roman Empire in the third century as the government leaders, unable to pay the bills, increasingly devalued the money system. The once valued silver denarius became a copper coin only thinly plated in silver. Roman merchants started demanding more and more denarii in exchange for goods as the coin’s inherent value declined.

In the 16th century, as the gold and silver pouring into Spain from the New World caused a rapid rise in the European money supply compared to the production of goods and services, prices rose almost 400 percent.

There was no inflation in the American colonies at that time for the simple reason that there was no organized money supply or money policy — just a hodgepodge of foreign coins; tobacco certificates; beaver and deer skins; and some paper money printed by the colonial governments. They even used wampum — small cylindrical beads traditionally made by Indians from shells, strung together, and used as money. Most trade was conducted on a barter basis.

That all changed when the American Revolution began because the government had to find ways to finance the war. Having limited ability to borrow and levy taxes, they began printing money — “fiat money,” which is money only because the government says it is money. This paper money depreciated rapidly in value.

Prices doubled in 1776 and doubled again in both 1777 and 1778 — and kept going up.

The need to deal with the massive debts incurred in the Revolution was one of the principle focuses of the Continental Convention in Philadelphia in the summer of 1787. The new Constitution and the monetary and tax systems put in place by Alexander Hamilton, the first Secretary of the Treasury, would keep inflation at bay until the crisis of the Civil War some 75 years later.

The North had issues but not nearly as severe as the South. The North, of course, had the backing of the COUNTY LINES, SUMMER 2022

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federal government. As a result the North, as the U.S. then doubled again in 1979 as a result of the Iranian Revolugovernment, was able to throw much of the cost of the tion. I remember well those years and the long lines at gas war onto the future with the sale of bonds. stations when the gas stations would finally get a shipment • The South had to meet a majority percent of its revof fuel. They would limit each customer to 5 or 10 gallons enue needs by printing money. State and local govern- depending on how much they were able to get. ments also printed money. And because the South Second, the Federal Reserve did not have a mandate to lacked good paper mills and state-of-the-art printing raise interest rates and slow down the economy to stop inflafacilities, counterfeiting flourished. The South printed tion from rising until President Jimmy Carter appointed about $1.5 billion in fiat money, three times as much cigar chomping Paul Volcker as Federal Reserve chair in as the North, despite having only 12 percent of the cir- 1979. Volcker was reappointed for a second term by Presiculating currency before the war and only 21 percent dent Reagan in 1983. of banking assets. The result was catastrophic inflation.

We had a very different economy then. The monetary Prices rose 700 percent in the South in just the first policies of the Federal Reserve board, led by Volcker, were two years of the war. widely credited with curbing the rate of inflation. U.S. Since the days of the Civil War we have seen monetary inflation, which peaked at 14.8 percent in March 1980, fell policy in the United States change several times. We have below 3 percent by 1983. The Federal Reserve Board raised experienced years of low inflation; years of high inflation; and the federal funds rate, which had averaged 11.2 percent in even years of deflation.

1979, to a peak of 20 percent The beginning of the in June 1981. The prime rate Great Depression in 1929 rose to 21.5 percent in 1981 ince the days of the Civil War we have brought not inflation but as well, which helped lead deflation, which is an even to the 1980-1982 recession seen monetary policy in the United bigger problem. When inflaand unemployment over 10 tion is high, people tend percent. This was a case of States change several times. We have expeto spend money as soon as the medicine making you rienced years of low inflation; years of high they get it to avoid higher feel worse before getting prices in the future. But in better. U.S. monetary policy inflation; and even years of deflation. a deflationary environment, eased in 1982, helping lead people postpone purchases to a resumption of economic in order to take advantage growth. Sometimes the mediof lower prices in the future. That practice further depresses cine is tough to take but necessary. the economy. Yes, we have high inflation today, but at least Today’s economy is not the economy of the 1970s, in we are not experiencing deflation. which you could earn up to 15 percent on a certificate of What I don’t get is why people are talking about our curdeposit at your local bank. But you also paid through the rent inflation rate as if it’s the 1970s. I’ve looked around for nose for a loan — if you could even get a loan. We have exthe wide neckties or the pastel-colored leisure suits. I haven’t perienced years of unprecedented low interest rates — nearly seen them, and I’m counting my blessings. nothing on the earning side and very low on the borrowing Yes, inflation is higher than it has been in many years as side. But with the current high inflation rate the Federal Reprices for gasoline, diesel, used cars, groceries and other items serve board under the direction of Chairman Jerome Powell have risen at their fastest rate in many years. But the causes is methodically increasing the federal funds rate to curb inflaof higher inflation today are different than they were 50 years tion — a proven method. ago, and we risk choking off a healthy economy by using the A better historical analogy than the 1970s for today’s infla1970s as a guide to economic policy. tion problem is the reconversion of the U.S. economy from Inflation in the 1970s was higher than today, accelerated wartime to peacetime production after World War II. As an over the decade and had a traumatic effect on economic example, civilian automobile production ended in early 1942 policy. Starting from about 2 percent in the late 1960s, infla- and didn’t resume until late 1945. It took time to reconvert tion rose to 12 percent in 1974, and 14.8 percent in 1980. factories from making aircraft engines to automobile engines.

Reflect on those years. In retrospect I believe you will Very similar, the pandemic caused entire sectors of the remember the underlying causes of those years of high inflaU.S. economy to shut down for weeks or months, and then tion. First, we were hit with two oil shocks. The price per barrel of oil quadrupled during the 1973 oil embargo and See “INFLATION” on Page 18 > > >

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Inflation restart under pandemic conditions of social distancing, remote work, and other changes in production practices.

All this change takes time, and it will show up in competitive markets as higher prices. Parts and labor shortages cause prices and wages to rise, and that’s exactly how markets are supposed to work. Prices will settle down as each market is able to resume its regular patterns.

Today’s inflation is nothing like the inflation of the 1970s and early 1980s. Today’s inflation was caused primarily by the two things I’ve talked about: (1) the disruption caused by a pandemic; and (2) those trillions of “free dollars” or “fiat dollars” as they are called by economists that were artificially pumped into our economy. Of course, there is no such thing as free money. We are paying for that money through high

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inflation and will continue to pay for it as we pay down the national debt. Economist Milton Friedman said, “Inflation is taxation without legislation.”

There is strong temptation to demand that someone do something to stop this rise in inflation. In this instance, I believe that’s the wrong way to think about our situation.

Instead, we need to let markets work out the bugs of supplychain issues, higher-than-usual fuel prices and other idiosyncrasies of today’s pandemic and post-pandemic economy.

That, along with the methodical work of the Federal Reserve will move us in the right direction.

And have no fear, my mint green and baby blue leisure suits of the 1970s are long gone.

Greene County Treasurer recognized for service on AAC Board

At its August meeting, the AAC Board of Directors recognized longtime Greene County Treasurer Debbie Cross, who is retiring at the end of this year. Cross, who has a background in accounting, took office in January 2009. Cross served as president of the Arkansas County Treasurers’ Association from 2015 to 2018. She served on the AAC Board of Directors from 2015 to 2022. Pictured with Cross (middle) are Randolph County Circuit Clerk and AAC Board President Debbie Wise and AAC Executive Director Chris Villines.

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GOVERNMENTAL AFFAIRS

Ballot Issues: What are you voting on?

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he Arkansas Constitution allows the General Assembly to propose up to three constitutional amendments for the voters of Arkansas to decide. These resolutions are vetted in the Joint House and Senate State Agencies committee. The Senate filed 18 senate joint resolutions (SJR) and the House filed 25 house joint resolutions (HJR) during the 93rd General Assembly. Many of these resolutions mirrored the opposite chamber resolutions and were properly discussed. At the end of the day, this joint committee approved HJR1005, SJR10, and SJR14. Following the passage of both chambers these resolutions are now on the ballot for the 2022 general election and listed as issue 1, 2 and 3.

Issue 4 is a citizen-led effort that at press time was being challenged in the Arkansas Supreme Court.

The University of Arkansas Division of Agriculture, Research and Extension, Public Policy Center has released its 2022 voter guide, “Arkansas Ballot Issues.” The guide (found at https://www.uaex.uada.edu/business-communities/votereducation/docs/2022-Arkansas-Ballot-Issue-Voter-Guide. pdf ) is the most comprehensive resource in the state for a neutral analysis of ballot issues. Some information for this article comes from this guide.

Constitutional amendments currently require the approval of a majority of voters in a statewide election. Election Day is Nov. 8, 2022.

Issue 1 “A constitutional amendment to allow the General Assembly to convene in extraordinary session upon the issuance of a joint written proclamation of the speaker of the House of Representatives and the president pro tempore of the Senate or upon the submission of a written proclamation containing the signatures of at least 2/3 of the members of the House of Representatives and at least 2/3 of the members of the Senate to the speaker of the House of Representatives and the president pro tempore of the Senate requesting that the General Assembly convene in extraordinary session.”

SJR10, which is now called Issue 1, passed the Arkansas Senate 30-2 and the House of Representatives 82-9. This proposed amendment asks voters to amend Article 5, § 5 of the Arkansas constitution. This section defines when the General Assembly can meet. Section 5 currently allows the body to meet every odd numbered year for a regular session and COUNTY LINES, SUMMER 2022

even numbered years for a fiscal session. The fiscal session is relatively new. Amendment 86, which voters approved in 2008, allowed for the budgetary session beginning in 2010. The only other time the legislative Josh Curtis branch can assemble to pass laws Governmental Affairs is outlined in Article 6, Section Director 19. This section allows the Governor to call the General Assembly into an extraordinary session to conduct specific business.

Issue 1, if approved, would allow the speaker of the House of Representatives and the president pro tempore of the Senate to convene an extraordinary session. It also provides the ability for 2/3 of the members of each body to submit a written proclamation to convene an extraordinary session. Either way, there would have to be a written and clear reason for the special session. Supporters of this amendment want the legislative and executive branches to have equal power regarding when the General Assembly can go into session. Opponents of this amendment would like to keep the sole power of convening the legislature with the Governor.

Issue 2 “A Constitutional Amendment to Reform Certain Measures Presented to Voters, to be Known as the ‘Constitutional Amendment and Ballot Initiative Reform Amendment.”

HJR1005, which is now called Issue 2, passed the Arkansas Senate 23-6 and the House of Representatives 74-18. This proposed amendment asks voters to amend Article 5, § 1 and 18; Article 19, § 19 and 22; and Amendment 70, § 2 of the Arkansas Constitution. Issue 2, if approved, would change the percentage of votes need to approve a constitutional amendment. Approval would mean each initiative would require 60 percent of the vote, rather than 50 percent of the vote, to take effect. Issue 2 is supported by a Legislative Question Committee (LQC) called Defend AR Constitution.

In an email, State Rep. David Ray, chairman for Defend AR Constitution said, “Our state constitution is Arkansas’ charter document, and it should only be amended when there is genuine consensus among voters. Issue 2 provides a much-needed guardrail so that big money, out-of-state special interests quit trying to hijack our state constitution and ballot initiative See

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system by pulling the wool over voters’ eyes and effectively buying new laws and constitutional amendments. Issue 2 will also give the voters more power by giving them a check on legislatively-referred amendments.”

The opposition formed a LQC called Protect AR Vote.

Chair of Protect AR Vote Bonnie Miller said in an email, “Issue 2 is confusing, and that’s on purpose. Little Rock politicians and lobbyists are currently trying to push through a vague and risky measure that will have unpredictable and unintended consequences for our state. The truth is these politicians and lobbyists don’t want you to know that Issue 2 will give them more power while taking ours away. This measure will mean more power for special interests, more backroom deals, and less power for voters like us to decide on the issues that matter most.”

Issue 3 “A constitutional amendment to create the ‘Arkansas Religious Freedom Amendment.’”

SJR14, which is now called Issue 3, passed the Arkansas Senate 27-4 and the House of Representatives 75-19. This proposed amendment references Article 2, § 24 of the Arkansas Constitution regarding religious liberty. Issue 3 attempts to clarify that the government shall not burden a person’s freedom of religion even if the burden results from a rule of general applicability. It goes on to say government may burden a person’s freedom of religion only if the government demonstrates a compelling government interest and is the least restrictive means of furthering that compelling government interest. The authors of this amendment have stated it should be extremely rare for the government to burden a person’s freedom of religion. There has been one ballot question committee formed in support of this amendment — Family Council Action Committee. At this time there have not been any groups organized and on file in opposition.

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Issue 4 “An amendment to authorize the possession, personal use, and consumption of cannabis by adults, to authorize the cultivation and sale of cannabis by licensed commercial facilities, and to provide for the regulation of those facilities.”

Issue 4 is a citizen-led effort to legalize cannabis use for adults over the age of 21. Responsible Growth Arkansas drafted this amendment and has filed as a ballot question committee. The required number of signatures has been verified by the Secretary of State, but the Arkansas Board of Election Commissioners denied certifying the issue. Responsible Growth Arkansas has appealed this ruling to the Arkansas Supreme Court, and they ruled to conditionally certify the ballot issue.

Then on Sept. 12, the court issued a per curiam, which stated, “Pursuant to our authority under Amendment 80, § 2(E) of the Arkansas Constitution to issue and determine any and all writs necessary in aid of our jurisdiction, we issue a writ of mandamus to the Secretary of State to decide the sufficiency of the proposed initiative petition at issue in this action pursuant to Article 5, §1 of the Arkansas Constitution…”

Secretary of State John Thurston subsequently declared the proposed constitutional amendment insufficient for inclusion on the November ballot because the State Board of Election Commissioners did not certify the ballot title and popular name.

Issue 4 will be on every ballot in Arkansas. However, court proceedings will continue to determine whether the votes will be counted. Three ballot question committees have formed to oppose this amendment — Safe and Secure Communities, Family Council Action Committee, and Save Arkansas from Epidemics.

Follow us on Facebook @75ARcounties for all the latest county news.

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LEGAL CORNER

SCOTUS issues opinions in recent First Amendment cases

he United States Supreme Court has issued rulings on cases that were argued in the Fall 2021 term, with several of them affecting state and local governments. This article will highlight a few of those cases, specifically those dealing with First Amendment issues.

Kennedy v. Bremerton School District — In this 6-3 decision, the Court held that an assistant football coach was protected by the First Amendment when he knelt in prayer on the field after football games. The ruling also overturned prior case law, Lemon v. Kurtzman (1971), which had established a test for determining whether a law or rule constituted an establishment of religion by the government. The Lemon test “called for an examination of a law’s purposes, effects, and potential for entanglement with religion. In time, the approach also came to involve estimations about whether a ‘reasonable observer’ would consider the government’s challenged action an ‘endorsement’ of religion.” The Court in Kennedy replaced the Lemon test with an analysis that more accurately reflects the intentions of the Founding Fathers.

The Court found that the district violated either or both the Free Exercise and Free Speech Clauses of the First Amendment by denying Kennedy the opportunity to engage in a brief prayer of thanks alone on the field after football games. The Court found insufficient evidence that students were coerced into joining the prayer. The Court found that Kennedy met his burden in showing that the district violated his Free Exercise rights by showing that the district’s policy in firing him was not “neutral” or “generally applicable.” He was disciplined precisely because his actions were religious, with the school conceding that they allowed other personnel to engage in personal conduct after games that was not religious. Therefore, the Court should apply “strict scrutiny,” meaning the government must have a compelling state interest and that its policy be narrowly tailored to meet its goal.

The Court also believed that Kennedy met his burden to trigger a Free Speech issue, ruling that his after-game prayer was offered not as a government employee in the ordinary scope of his duties, but as a “citizen addressing a matter of public concern.”

The second part of this test under Pickering v. Board of Ed. Of Township High School and Garcetti v. Ceballos, is for the government to prove its interests as an employer outweigh Kennedy’s interest in his private speech on a matter of public concern.

The Court ultimately ruled that, whether viewed as a Free Exercise or Free Speech issue, the burden was on the school district, either to meet the strict scrutiny standard in the former, or that the governmental interest outweighed Kennedy’s personal interest in the latter. The Court found that the school district could not meet its burden for either test, therefore Kennedy was entitled to summary judgment on both of his claims. In its ruling, the Court specifically rejected the school district’s notion that any visCOUNTY LINES, SUMMER 2022

ibly religious action by a school official was coercive towards students, and that “learning how to tolerate diverse expressive activities has always been ‘part of learning how to live in a pluralistic society.’”

LINDSEY FRENCH General Counsel Shurtleff v. City of Boston — In this unanimous decision, the Court ruled that the City of Boston violated the Free Speech Clause of the First Amendment when it refused to fly the Christian flag on a flagpole outside city hall at the request of the Camp Constitution organization. There are three flagpoles in this location: one flies the American flag, one flies the Massachusetts flag, and the other typically flies Boston’s flag, but for over 15 years Boston has customarily allowed outside organizations to fly other flags during events on the plaza.

These flags have represented a wide range of entities, including flags representing other countries, community banks, EMS workers, and Pride Week. The Director of Camp Constitution argued his right to fly the Christian flag was unlawfully denied due to its religious nature, while other citizens were permitted to fly their flags. Boston argued it reserved the pole to “fly flags that communicate governmental messages.”

The Court ruled that while the Free Speech clause does not prohibit the government from declining to express a view, the boundary between government and private speech is blurred when the government invites the people to participate in its speech, as the City of Boston had done. In determining whether the speech at hand was governmental speech, as Boston contended, or rather private speech invited by the government, the Court considered factors used in past U.S. Supreme Court cases, including the history of the expression at issue, the public’s likely perception of who is actually speaking, and the extent to which the government has controlled the expression. The Court has previously ruled that permanent monuments erected on public property is government speech, despite who paid for it and that license plate designs were government speech, but that trademarking private speech was not government speech because the government does not exercise “sufficient control over the nature and content of those marks to convey a governmental message.”

The Court opined that Boston’s flying the city’s own flag, other countries’ flags, and the Pride Week flag during Boston Pride Week were all clearly governmental messages.

However, other flags, such as those representing community banks, seem harder to deem government speech. The key factor was whether Boston exercised control over the flags’ See

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SCOTUS content and meaning, which would show that the message was intended to represent the city. The city says its policy is to try to accommodate all applicants who choose to express themselves in its public forums, and that it did not review or pre-approve flags to be flown at these events. No flag had been denied at an event until this instance. The city had no written rules or policies about flying third party flags on its property. Therefore, the Court found the city’s control over the content of the flags to be minimal, leading it to determine that the flying of third-party flags constituted private, not government, speech. Consequently, the City of Boston denied the organizers’ right to free speech by refusing to let them fly the Christian flag at the Camp Constitution event on the city plaza. When the government is not speaking for itself, it is prohibited from discriminating based on the religious viewpoint of the speech’s content.

Carson v. Makin — In a 6-3 vote, the Court ruled that the Maine Department of Education’s prohibition of providing tuition assistance to religious-affiliated schools violated the Free Exercise Clause of the First Amendment. Maine had a longstanding program that allowed parents of children in school districts that did not operate or provide access to a secondary school to designate a secondary school of their choice, and the state would provide tuition assistance payments to the school.

Since 1981, Maine has limited a school’s eligibility for receiving this assistance to “nonsectarian” schools only. Petitioners wished to send their children to Bangor Christian Schools and Temple Academy, neither of which qualify as “nonsectarian” schools which are eligible for tuition assistance under Maine’s program. The parents sued the state, alleging violations of The Free Exercise Clause and the Establishment Clause of the First Amendment, and the Equal Protection Clause of the Fourteenth Amendment. The final issue before the Court was whether this restriction violates the Free Exercise Clause.

The Court recently decided Trinity Lutheran Church of Columbia, Inc. v. Comer, in which a Missouri program offered benefits to qualifying nonprofit programs that improved playgrounds but denied applicants that were owned or controlled by a church, sect, or other religious entity. The Court ruled that the state could not deny benefits to otherwise qualifying applicants “solely because of their religious character.” Similarly, in Espinoza v. Montana Department of Revenue, the Court ruled that the state’s constitutional prohibition against aiding any school “controlled in whole or in part by any church, sect, or denomination” violated the Free Exercise Clause by preventing parents from using “otherwise available scholarship funds” at religious schools. The Espinoza Court held that a “State need not subsidize private education, [b]ut once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

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In this case, Maine offers its citizens a benefit in the form of tuition assistance for any family whose district does not provide a secondary school. A wide range of private schools are eligible to receive the payments, but religious schools are disqualified solely because of their religious character. The Court therefore applied the strict scrutiny standard. The Court reiterated that a “neutral benefit program in which public funds flow to religious organizations through the independent choice of private benefit recipients does not offend the Establishment Clause.”

Furthermore, the Court said Maine’s interest in not establishing a religion does not justify excluding some members of the community from a generally available public benefit because of their religion. It was important to the Court that Maine did not exclude payments to all private schools, only those that had a religious character. By doing so, the Court held that the state violated the Free Exercise rights of its citizens.

Houston Community College v. Wilson — In a unanimous ruling, the Court ruled that a purely verbal censure by a public governing body does not constitute an actionable First Amendment claim by the person censured. Mr. Wilson was elected to the HCC Board of Trustees and often disagreed with other members of the Board, including on media outlets and in state-court litigation, going as far as to allege violations of the Board’s ethics and bylaws. In 2016, the Board reprimanded Mr. Wilson publicly, and in 2018, the board adopted a public resolution to censure Mr. Wilson due to his “not only inappropriate, but reprehensible” actions taken against members of the Board. In addition to the verbal censure, the resolution deemed Mr. Wilson ineligible to hold an officer position for that year. Mr. Wilson asserted in state court that the censure violated his free speech rights under the First Amendment.

The Court considered long-standing and established practice when deciding whether this censure violated Mr. Wilson’s freedom of speech, noting that “elected bodies in this country have long exercised the power to censure their members,” including Congress as well as local and state bodies. Additionally, recent court cases affirm this historical practice. “A plaintiff … pursuing a First Amendment retaliation claim must show that the government took an ‘adverse action’ in response to his speech that ‘would not have been taken absent the retaliatory motive.’” In deciding whether the adverse action taken was a material action, the court considered Mr. Wilson’s position.

Elected officials are expected to face a certain degree of criticism and may respond to the criticism by continuing to exercise their free speech rights. Second, the Court found that the only action taken against Mr. Wilson was the censure — another form of free speech in itself. He was not prevented from doing his job, removed from office, or defamed. Therefore, the Court found no materially adverse action was taken against Mr. Wilson, and his claim was dismissed.

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LITIGATION LESSONS

The Arkansas Opioid Recovery Partnership

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ll 75 Arkansas counties and most Arkansas cities should be. We have explained and towns have been engaged since 2018 in litithe importance of unity of local gation against opioid companies, seeking comgovernments in both the litigapensation to implement solutions to the Arkansas tion and the abatement phases opioid epidemic. Several of the defendants have finalized or of this case, to do the maximum are close to finalizing national settlements and state-specific good you can do with the limsettlements. Multiple defendants have filed bankruptcy in ited resources and funds at your Colin Jorgensen response to litigation across the country, and we are also disposal from these settlements.

Risk Management pursuing the counties’ claims in those bankruptcy proceedWe have been having these Litigation Counsel ings. The unity of Arkansas governments has been beneficial discussions, and preparing for in these settlement discussions, as it has been from the start abatement of the Arkansas opioid in the united Arkansas opioid litigation. epidemic, for a long time. No county or city has objected, I have written in the past about the Arkansas Opioids and most Arkansas counties and cities have specifically authoMOU and your vision for abatement of the Arkansas opioid rized the AAC and AML Directors to work together to build epidemic. In July 2021, Gov. Asa Hutchinson, Attorney an appropriate structure and process for management and General Leslie Rutledge, Association of Arkansas Coundisbursement of county and city opioid funds. The directors ties (AAC) Executive Director Chris Villines, and Arkansas have begun doing exactly that.Thanks to the unity of ArkanMunicipal League (AML) Director Mark Hayes, all signed sas counties and cities, the Arkansas Opioids MOU, and the the Arkansas Opioids MOU. The MOU includes an equal QSF, Arkansas counties and cities are ready to receive opioid split of Arkansas settlement funds settlement dollars — before the payamong the state, ments begin. This counties, and citis no small accomirectors Villines and Hayes have already made what ies — 1/3 of every plishment. And Arkansas dollar is more importantly, may be their most important decision regarding the allocated to the we are preparing state, 1/3 of every for abatement so Arkansas Opioid Recovery Partnership (AORP).

Arkansas dollar is we will be ready allocated to cities, to use the opioid and 1/3 of every settlement funds Arkansas dollar as quickly as posis allocated to counties. The unified, equal split among the sible, to help as many of your people as possible, in the most governments of Arkansas remains an excellent result for the effective ways possible. people of Arkansas, as I explained in the Fall 2021 issue of Directors Villines and Hayes have already made what may County Lines. be their most important decision regarding the Arkansas In that Fall 2021 update, I also wrote about potential Opioid Recovery Partnership (AORP). It is time to begin the settlements with opioid manufacturers and distributors. important work of studying the Arkansas opioid epidemic As of this writing, there are two national settlements, two and making recommendations regarding programs and bankruptcy plans, and an Arkansas-specific settlement, that strategies to abate the Arkansas opioid epidemic in a manner will provide settlement payments into Arkansas, to be used consistent with approved purposes, settlement agreements, as set forth in the Arkansas Opioids MOU. These settleand court orders approving settlements and bankruptcies. ments and bankruptcy plans as of this writing will provide The AAC and AML, through their directors and boards, over $200 million in total abatement funds for Arkansas have agreed to jointly hire a director of AORP, and jointly across 18 years (for the longest settlement) — and there fund any additional staff, personal benefits, and related costs, may be additional settlements to come. Arkansas will begin to begin this important work — even before the settlement receiving payments later this year. funds begin to flow.

We (your lawyers) have explained that opioid litigation Directors Villines and Hayes knew exactly who they wantsettlement dollars will be subject to court supervision, ed for this job, and Kirk Lane agreed to take the position and can only be spent for future programs, projects, and See “AORP” on Page 24 > > > strategies to end the Arkansas opioid epidemic. This is as it

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effective Aug. 22, 2022. Lane served with national distinction as State Drug Director from 2017 until August 2022. He also served many years as Chief of the Benton Police Department, before becoming State Drug Director. In his resignation letter to Gov. Hutchinson, Lane wrote: “This position has opened my eyes to the serious issues that substance use disorder creates, and how it has entrenched itself in everything we do.

Most importantly, it has made me more determined to get in front of it to defeat it.”

AAC Director Villines wrote about the hiring of Kirk Lane as director of the unique county-city partnership: “We are excited to announce the formation of the Arkansas Opioid Recovery Partnership, a united venture between Counties, Cities and Towns in Arkansas. It is a partnership between the Arkansas Municipal League and Association of Arkansas Counties that represents an unprecedented, united front between the representatives of local government. Especially exciting is the fact that Arkansas Drug Director Kirk Lane has decided to direct this partnership as we move forward…

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We expect to receive settlement funds this year, and when they come in we must have a plan. Every dollar needs a name and a wise and sound commitment to fight opioid addiction in Arkansas. Hiring Kirk Lane now is critically important to building this plan and he has a proven track record and experience which will prove invaluable in managing what will likely be a multi-year stream of settlement funds. This is not a situation of Kirk Lane leaving his passion, it is simply a re-engagement from a different perspective and our local governments in Arkansas are going to be thrilled with his leadership and vision.”

Everyone involved in the yearslong effort of this litigation is thrilled about where we’re at now, and where we’re headed.

We (your lawyers) will continue to pursue the opioid industry, marshal settlements into Arkansas, assist with building the structure and process for abatement, and represent your interests in this litigation wherever that takes us — so a united Arkansas can bring the cavalry to help the communities, families, and addicts of Arkansas.

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COUNTY LINES, SUMMER 2022

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AAC

FEATURE

AAC names 2022 scholarship recipients

T

Students will study accounting, education, and more.

he Association of Arkansas Counties has announced its 2022 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 a quarter of a million dollars in scholarships.

Along with the AAC, the following county associations contributed to the scholarship trust in 2022: the County Judges Association of Arkansas, the Arkansas Circuit Clerks Association, the Arkansas County Treasurers Association, the Arkansas County Clerks Association, Arkansas Coroners Association, Arkansas Association of Quorum Courts, Arkansas Sheriffs Association, Arkansas County Tax Collectors Association, and the Arkansas County Assessors Association.

Abram Haas

Lexi-Ruth Freeman

Samantha Guiltner

Abram Haas is a 2022 graduate of Riverside High School in Lake City. He plans to attend Arkansas State University to study agri business. His father, Dale Haas, is a retired County Judge and Sheriff from Craighead County.

Lexie-Ruth Freeman is a sophomore at the University of Arkansas at Monticello, where she is studying accounting. She is the granddaughter of Ashley County Treasurer Stacey Brashears. She is a two-time AAC scholarship recipient.

Samantha Guiltner is a 2022 graduate of Salem High School. She is the daughter of Pam Guiltner, who works in the Fulton County Clerk’s office. She plans to attend Ozarka College to pursue a degree in nursing.

Samantha Baker

Lauren Maness

Aly Mills

Samantha Baker is a 2022 graduate of Alma High School. She is the daughter of Coventry Baker, who works in the Crawford County Assessor’s office. She plans to attend the University of Arkansas at Fayetteville to pursue a bachelor’s degree in pre-veterinary studies.

Lauren Maness is a 2022 graduate of Marion High School. She will attend Arkansas State University-Jonesboro to pursue a degree in international business. She is the granddaughter of Lavada Norris, a former employee in the Crittenden County Circuit Clerk and Assessor’s offices.

Alyssa (Aly) Mills is a 2022 graduate of Ashdown High School. Her mother, Heather Parson, works in the Little River County Clerk’s office. Aly plans to attend the University of Arkansas at Fayetteville where she will pursue a degree in civil engineering.

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AAC

FEATURE

Eva Richardson

Jazzy Trejo

Mollie Winters

Eva Richardson is a sophomore at the University of Mississippi, where she is pursuing a degree in exercise science (pre-med). Her grandmother, Catherine Richardson, served as Bradley County Circuit Clerk for 20 years. Eva is a twotime recipient of the AAC scholarship.

Jasmine (Jazzy) Trejo is a 2022 graduate of Rogers Heritage High School.

She plans to attend Arkansas Tech University and pursue a degree in business management. She is the daughter of Sylvia Trejo, who works in the Benton County Finance department.

Mollie Winters is a graduate student pursuing a master’s degree in counseling at John Brown University. She works as a Juvenile Probation Officer for the Crawford County Juvenile Office.

Alexa Booher

Macy Handwork

McKenzi Spurgin

Alexa Booher is the recipient of the Randy Kemp Memorial Scholarship.

She is a 2022 graduate of Clinton High School. Alexa plans to attend the University of Arkansas Community College at Morrilton to pursue a degree in general education. Her mother, Jessica Booher, works in the Van Buren County Assessor’s office.

Randy Kemp was the first AAC Communications Director, serving from July 2008 until his death in August 2011. The scholarship is funded exclusively by the annual Randy Kemp Golf Tournament.

Macy Handwork is the recipient of the Matt Morris Scholarship. She is a recent graduate of Benton High School and plans to attend the University of Central Arkansas where she will pursue a degree in physical therapy. Her mother is Saline County Tax Collector Holly Sanders.

The Matt Morris scholarship was established following the death in 1999 of Matt Morris, son of former AAC Employee David Morris. Matt was an Arkansas Razorback baseball recruit.

The scholarship is funded by donations made in Matt’s name and by the County Judges Association and is awarded to an applicant who reminds the scholarship committee of Matt, either through their sports involvement or by helping others.

McKenzi Spurgin is the recipient of the Jonathan Greer Memorial Scholarship, which was established last year by the Arkansas Association of Quorum Courts. McKenzi is a graduate student at the University of Central Arkansas.

She is currently pursuing a doctorate in occupational therapy. Her grandmother is Polk County Justice of the Peace Tawana Gilbert.

Jonathan Greer was a staff attorney of the Association and the liaison to the Quorum Court Association when he passed away in 2015. The Quorum Court Association established the Jonathan Greer Memorial Scholarship in his memory to be awarded each year to a deserving student.

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AAC

FEATURE

Left: Benton County Circuit Clerk Brenda DeShields has served her county in various positions in the circuit clerk’s office for 34 years. Above: AAC Executive Director Chris Villines (left) and AAC Board President Debbie Wise (right) present DeShields with the Wes Fowler Advocacy Award during the AAC’s 54th Annual Conference, held in Hot Springs/Garland County.

DeShields recognized during conference Benton County Circuit Clerk is 2022 recipient of Wes Fowler Award.

Story by Christy L. Smith Photos by CAITLIN BROWN

& CHRISTY L. SMITH

B

AAC Communications Staff

enton County Circuit Clerk Brenda DeShields has been awarded the Association of Arkansas Counties’ (AAC) 2022 Wes Fowler Advocacy Award for her “tireless work in boldly advocating for the counties of Arkansas.”

DeShields has worked in every facet of the Benton County Circuit Clerk’s Office for 34 years. She is an active member of the Arkansas Circuit Clerks Association, serving on several committees. She serves on the Legislative Committee, Executive Board, Automation Grants Committee, Program Committee, and New Elect Committee. She also is chair of the By-Laws Committee.

DeShields is a member of the AAC Board of Directors.

Gov. Asa Hutchinson appointed her chair of the Arkansas E-Recording Commission, which she helped to create; and she was appointed by Arkansas Supreme Court Chief Justice Dan Kemp to serve on the Criminal Code Committee, a subcommittee of the state’s Court Automation Committee.

In 2003, DeShields implemented imaging, a paperless 28

system for filing documents. She also led Benton County in becoming the second county in the state to implement e-recording.

The Wes Fowler Advocacy Award was established in 2017 following the death of Fowler, who spent decades working in Madison County government before finishing his career at the AAC as Government Relations Director. The award is given annually to a county or district official that has exhibited great passion for advocacy over the previous year. A subcommittee of the AAC Board of Directors selects the recipient of the award.

Recipients receive an Arkansas County Diamond Award and are honored in perpetuity at the AAC with a permanently placed plaque and names added each year.

Randolph County Circuit Clerk and AAC Board President Debbie Wise and AAC Executive Director Chris Villines presented the advocacy award to DeShields during the AAC’s 54th annual conference, held Aug. 10-12, 2022, in Hot Springs/Garland County.

“Our winner of the 2022 Wes Fowler Advocacy Award has never shied away from jumping into a role of leadership,” Wise said. “When her children were younger, she served on their school board.”

“Brenda has been an incredible ambassador for county government,” Villines said, noting her involvement in state COUNTY LINES, SUMMER 2022

AAC legislative sessions.

Arkansas Circuit Clerks Association President and Washington County Circuit Clerk Kyle Sylvester said Deshields “has proved to be a substantial voice for the Circuit Clerks Association and tirelessly works not only to establish the standard of excellence across the state for Circuit Clerks, but also has been a wealth of experience and knowledge to her fellow clerks across the state for many years.”

DeShields and her husband, Keith, have been married for 34 years. They have two adult children, Keeshia and Josh.

DeShields is a basketball fan, counting her favorite NBA team as the Miami Heat. She regularly plans springtime vacations to Miami so she can watch them play on their home court.

She shares her love of basketball with her son. In a 2017 interview for the County Lines magazine, DeShields said she and her son keep a growing list of NBA home courts they have visited. And they get NBA updates on their phones so they can keep up with players’ playoff chances.

Past recipients of the Wes Fowler Advocacy Award are retired Columbia County Clerk Sherry Bell, former Randolph County Treasurer and AAC Executive Director (now consultant) Eddie A. Jones, Madison County Judge Frank Weaver, Washington County Sheriff Tim Helder, and Conway County Judge Jimmy Hart.

COUNTY LINES, SUMMER 2022

FEATURE

Above: Wes Fowler served as Madison County Clerk for 10 years beginning in 1989. During that time, he served as legislative chair and in officer positions in the Arkansas Association of County Clerks. He was elected county judge in 1998 and continued to be active in the County Judges’ Association of Arkansas. He joined the AAC staff as Governmental Affairs Director in 2010, and continued to serve as a consultant to the AAC after he retired in 2014.

Fowler passed away Feb. 1, 2017.

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AAC

COVER STORY Officials ride the waves of change 54th Annual AAC Conference attracts nearly 850

Miss UCA Nia Renée Kelly kicks off the conference with an acapella version of the National Anthem followed by “America the Beautiful.” Kelly is a former American Idol contestant. She also competed in the 2022 Miss Arkansas pageant, winning the talent competition.

Story by Christy L. Smith Photos by Caitlin Brown &

Christy L. Smith

AAC Communications Staff

T

he Association of Arkansas Counties (AAC) held its 54th annual conference Aug. 10-12, 2022, at the Hot Springs Convention Center in Hot Springs/Garland County. “County Resilience: Riding the Waves of Change” was the theme for the event, which drew nearly 850 attendees.

Randolph County Circuit Clerk and AAC Board President Debbie Wise presided over the event. During the Wednesday opening session, Garland County Judge Darryl Mahoney welcomed attendees, and then introduced the first speaker, Congressman Bruce Westerman.

AAC Executive Director Chris Villines led the traditional roll call of counties present. Following a Year in Review video 30

from the National Association of Counties (NACo), keynote speaker, NACo 1st Vice President and Ramsey County, Minnesota Commissioner, Mary Jo McGuire took the stage.

The nine associations that fall under the AAC umbrella met after the opening session, mainly to work on their legislative packages for the 94th General Assembly. The evening ended on a traditional note: with the Southern Fish Fry. Thursday morning began early, with AAC Litigation Counsel Colin Jorgensen leading the Wellness Walk.

Thursday also featured a pre-recorded interview with Democratic Gubernatorial candidate Dr. Chris Jones. Lt. Gov. Tim Griffin appeared via Zoom; he had been presiding over a Senate meeting during a special legislative session called by the Governor.

Break-out sessions focused on topics such as “Infrastructure,” “Active Shooters and Volatile Persons Awareness,”

“Bambi vs. Godzilla: How to Deal with Difficult People,” and “Constitutional Amendments.”

The featured speaker for lunch on Thursday was Bruce Christopher, a renowned psychologist and humorist.

Several awards were given out on Thursday, including special recognition to Arkansas Municipal League Director Mark Hayes and Counsel John Wilkerson for their partnership with the counties and state in opioid litigation.

Scholarship and golf tournament winners were announced. The AAC also presented the 2022 Wes Fowler Advocacy Award to Benton County Circuit Clerk Brenda DeShields for her 34 years of service to her county and state.

Thursday night ended with the traditional dinner and dance. However, for the first time, the AAC offered karaoke.

Republican Gubernatorial candidate Sarah Huckabee Sanders closed the conference Friday morning.

COUNTY LINES, SUMMER 2022

AAC

COVER STORY

Above left: Members of the Arkansas Sheriffs Association Color Guard post the colors. Above right: Congressman Bruce Westerman speaks during the Wednesday opening session. Left: Pictured from left to right are Polk County Judge and AAC Board Vice President Brandon Ellison, Faulkner County Justice of the Peace and Board Member Randy Higgins, Pulaski County Treasurer/Collector and AAC Board Member Debra Buckner, NACo 1st Vice President Mary Jo McGuire, AAC Executive Director Chris Villines, Randolph County Circuit Clerk and AAC Board President Debbie Wise, Benton County Circuit Clerk and AAC Board Member Brenda DeShields, and Garland County Judge Darryl Mahoney.

Above left: NACo 1st Vice President and Ramsey County, Minnesotta, Commissioner Mary Jo McGuire speaks to attendees. Above right: AAC Executive Director Chris Villines, Polk County Judge and AAC Board Vice President Brandon Ellison, and NACo 1st Vice President and Ramsey County, Minnesota, Commissioner Mary Jo McGuire visit the exhibit hall.

COUNTY LINES, SUMMER 2022

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AAC

COVER STORY

Above left: Lafayette County Sheriff Obie Sims registers on site with AAC Accountant Cindy Posey. Above right: Jackson County Justice of the Peace and AAC Board Member Tommy Young heads to the Quorum Court Association’s meeting. Left: Yell County Judge Mark Thone, Lafayette County Judge Danny Ormand, and Dallas County Judge Clark Brent visit with exhibitors in the exhibit hall.

Above left: State Land Commissioner Tommy Land speaks to the Collector’s Association. Above right: Attorney Mike Rainwater leads a breakout session for justices of the peace. Right: Garland County Collector Rebecca Talbert tries her hand at Baggo to win prizes in the exhibit hall.

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COUNTY LINES, SUMMER 2022

AAC

COVER STORY

Left: Pulaski County Coroner Gerone Hobbs listens as AAC Chief Legal Counsel Mark Whitmore speaks to the Coroners’ Association. Above left: White County Treasurer Janet Hibbitts asks a question during the Treasurer’s Association breakout session. Above right: Jefferson County’s Collector Office Manager Shirley Butler and Jefferson County Junior Deputy Assessor Morgan Tillman find a comfortable spot to sit while awaiting the opening general session.

Above left: Crawford County Assessor Sandra Heiner, Randolph County Treasurer Sherry Huskey, and Randolph County Assessor Stacy Ingram take a minute to pose for a photo. Above right: AAC Litigation Counsel Colin Jorgensen heads up Bingo, which has become a popular spouses’ event at the AAC Conference.

Above left: Craighead County had a strong showing at the AAC Conference. Above right: Greene County Judge Rusty McMillon talks to the Treasurer’s Association about 911 as Columbia County Treasurer and Association President Selena Blair looks on.

COUNTY LINES, SUMMER 2022

33

AAC

COVER STORY

Above left: During the conference, the AAC recognized Arkansas Municipal League Director Mark Hayes and Counsel John Wilkerson (middle) for their partnership with the counties and state on opioid litigation. Also pictured are AAC Litigation Counsel Colin Jorgensen, Randolph County Circuit Clerk and AAC Board President Debbie Wise, and AAC Executive Director Chris Villines. Above right: AAC Government Affairs Director Josh Curtis, who organizes the annual Randy Kemp Memorial Scholarship Golf Tournament, announces the winners of this year’s tournament.

Left: In a pre-recorded video that was shown at conference, AAC Legal Counsel Lindsey French interviews Democratic Gubernatorial candidate Dr. Chris Jones. Jones, who had to be out of town during the conference, discussed his campaign platforms.

Above left: Psychologist and Humorist Bruce Christopher was the Thursday luncheon speaker, as well as the leader of a breakout session on dealing with difficult people. Above center: Pictured are Hot Spring County Deputy Coroner Shannon Cleghorn and Saline County Coroner and AAC Board Member Kevin Cleghorn. Above right: Phillips County Sheriff Neal Byrd, Sr. and Phillips County Clerk Linda White-Winfield pose for a photo in the exhibit hall.

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COUNTY LINES, SUMMER 2022

AAC

COVER STORY

Above left: NACo 1st Vice President and Ramsey County, Minnesota, Commissioner Mary Jo McGuire and AAC Executive Director Chris Villines recognize Justice of the Peace Curtis Lee Johnson for his many years of service to Nevada County. Above right: Little River County Clerk and AAC Board Member Deanna Sivley wins a door prize during the Thursday night dinner and dance. Left: Members of the County Circuit Clerks Association gather on the stairs of the Hot Springs Convention Center for a group photo.

Above: The AAC accepts a plaque recognizing its 100 percent membership in NACo. All 75 Arkansas counties are members. Right: Republican Gubernatorial candidate Sarah Huckabee Sanders was the featured speaker on Friday morning. She shared her campaign’s focus.

COUNTY LINES, SUMMER 2022

35

AAC

COVER STORY AAC hosts Randy Kemp Memorial Scholarship Golf Tournament

F

orty golfers teed off at Ponce de Leon Golf Resort in Hot Springs Village on Aug. 9, 2022, to raise money for the Randy Kemp Memorial Scholarship Fund.

Kemp was the AAC’s first communications director.

He joined AAC in 2008 after a successful career in newspapers. He died in a motorcycle accident in August 2011.

The golf tournament raises funds for scholarships for descendants of county officials or employees who intend to pursue a college degree in communications or a communications related field.

The 2022 Randy Kemp Memorial Scholarship was awarded to Alexa Booher, who plans to study general education at the University of Arkansas Community College at Morrilton. Her mother, Jessica Booher, works in the Van Buren County Assessor’s office.

AAC extends its appreciation to those who support the fund, the golfers and sponsors.

Left: Darryl Gardner with Ergon Asphalt & Emulsions follows through. Above: AAC Chief Legal Counsel Mark Whitmore (left), Phillip Carper with Datascout LLC (middle), and Secretary of State John Thurston (right) are on the green and ready to play.

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COUNTY LINES, SUMMER 2022

Tournament results First Flight 1st - Drake Barham & Garrett Gresham 2nd - Aaron Gardner & Evan Gardner 3rd - Darryl Gardner & Steve Morgan Second Flight 1st - Richard Rogers & Josh Longmire 2nd - Marvin Day & Alan Breshears 3rd - Chase Dugger & Jamie Barker Long Drive Winner Garrett Gresham Putting Contest Winner Jason Owens

Izard County Treasurer Warren Sanders putts as Rodney Pless, Patrick Hardy, and Kenison Holmes, all of Apprentice Information Systems, watch.

Corey Scott with Datascout contemplates his next move.

AAC Executive Director Chris Villines and Jefferson County Collector Tony Washington.

Closest to the Pin Winner Richard Rogers

Sponsors Platinum Sponsors Ergon Asphalt & Emulsions Correct Solutions Group Gold Sponsors AR Buy Arkansas Sheriffs’ Association JCD Consulting Jason Owens Law Firm, P.A. Keystone Solutions Pafford Medical Services Turn Key Health Silver Sponsors Delta Mass Appraisal Services 1st Arkansas Bail Bonds National Med Test

Hole Sponsors

Arkansas Sheriffs’ Association Director Scott Bradley.

Craighead County Judge Marvin Day.

Pictured are Chase Dugger (front) and Jamie Barker (middle) of JCD Consulting, and Washington County Circuit Clerk Kyle Sylvester.

AAC’s Josh Curtis recognizes sponsors.

Arkansas CAMA Technology Datascout, LLC Apprentice Information Systems John Thurston, Secretary of State

COUNTY LINES, SUMMER 2022

37

AAC

COVER STORY

Thank you to our 2022 Exhibitors and Sponsors!

AceOne Technologies 2930 Browns Lane Jonesboro, AR 72404 (870) 738-9433 aceonetechnologies.com Acrow Bridge 919 E. Main St. Suite 1000 Richmond, VA 23219 (804) 399-6766 www.acrow.com ACT 14 Office Park Drive Little Rock, AR 72211 (479) 790-3230 www.arcamatrch.com ADEM-AR Federal Surplus Property 8700 Remount Road North Little Rock, AR 72118 (501) 835-3111 www.dps.arkansas.gov American Municipal Svcs.

3724 Old Denton Rd Carrollton, TX 75007 (888) 420-9700 www.amsltd.us American Stamp & Marking Products 6319 brookfield place Alma, AR 72921 (479) 651-0072 www.americanstamp.com Apprentice Information Systems, Inc 900 N Dixieland Rd, Suite 102 Rogers, AR 72756 (479) 657-6111 www.apprenticeis.com AR GIS Office 501 Woodlane St, Ste G-04 Little Rock, AR 72201 (501) 682-2767 www.gis.arkansas.gov AR Secretary of State 500 Woodlane Ave, Ste 12 Little Rock, AR 72201 (501) 682-3504 www.sos.arkansas.gov

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ARBuy 5000 Plaza on the Lake Austin, TX 78746 (936) 635-1291 www.periscopeholdings. com/arbuy ArkTRECS 6600 North Capitol Street NW, Suite 400 Washington, DC 20001 (202) 942-4252 www.arcounties.org/erecording-1 Arkansas 811 2120 Maple Ridge Circle Conway, AR 72034 (501) 472-1005 www.arkansas811.com Arkansas Correctional Industries 6841 West 13th Street Pine Bluff, AR 71602 (870) 730-0394 www.acicatalog.com Arkansas Department of Transportation 10324 Interstate 30 Little Rock, AR 72209 (501) 410-2204 www.ardot.gov Arkansas Energy and Environment Enterprise Services 5301 Northshore Drive North Little Rock, AR 72118 (501) 682-0946 www.adeq.state.ar.us Arkansas Farm Bureau 10720 Kanis Road Little Rock, AR 72211 (501) 228-1627 www.arfb.com Arkansas Forestry Association 1213 West 4th Street Little Rock, AR 72201 (501) 374-2441 www.arkforests.org Arkansas Municipal Equipment 14263 Poyen, AR 72128 (501) 388-2129 www.ametrucks.com

Arkhola Sand & Gravel 1010 Frontier Rd Barling, AR 72923 (479) 221-0066 www.arkholamaterials.com Asphalt Zipper, Inc 831 East 340 South American Fork, UT 84003 (888) 947-7378 www.HappyRoads.com AT&T 1401 W. Capitol, Suite 420 Little Rock, AR 72201 (501) 542-2915 www.att.com BHC Insurance 5500 Euper Lane Fort Smith, AR 72903 (479) 452-4000 www.bhca.com City of Fairfield Bay Conference Center 100 Lost Creek Parkway Fairfield Bay, AR 72088 (501) 884-4202 www.FFBConference.com Commissioner of State Lands 500 Woodlane St, Suite 109 Little Rock, AR 72201 (501) 683-3031 www.cosl.org

Cybersecurity and Infrastructure Security Agency 414 E Capitol Ave Apt 119 Little Rock, AR 72202 (501) 414-1468 www.cisa.gov

EZ Street Asphalt Hwy. 67-167 Batesville, AR 72503 (870) 307-2279 www.atlas asphalt Inc.com

DataScout 14 Office Park Dr, Suite 100 Little Rock, AR 72211 (501) 771-2985 www.datascoutllc.com

Financial Intelligence 124 West Capital Avenue., Suite 1882 Little Rock, AR 72201 (501) 708-0313 www.financial-intel.com

Davis Playgrounds Inc. 104 Orchid Dr Maumelle, AR 72113 (501) 658-0732 www.davisplaygrounds.com Dealers Truck Equipment 6601 I 30 Little Rock, AR 72209 (501) 568-9000 www.dealerstruck.com Delta Mass Appraisal Services, Inc. PO Box 504 England, AR 72046 (501) 951-7171 www.deltamassappraisal.com Divcodata 3721 Powers Court Chattanooga, TN 37416 (423) 394-8073 www.divcodata.com

First Onsite 3401 Quorum Dr, Suite 300 Fort Worth, TX 76137 (346) 400-2445 firstonsite.com Friday, Eldredge & Clark, LLP 400 West Capitol, Suite 2000 Little Rock, AR 72201 (501) 370-1597 www.fridayfirm.com getW9 3020 Olson Cr Bryant, AR 72022 (501) 503-1272 www.getw9.tax Guardian RFID 6900 Wedgwood Rd N, Suite 325 Maple Grove, MN 55311 (512) 571-7328 www.guardianrfid.com

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

Doggett Freightliner of Arkansas 11700 Valentine Road N. Little Rock, AR 72117 (501) 955-3200 www.doggettfreightliner.com/

Critical Edge 2503 Sunny Meadows Drive, Suite G Jonesboro, AR 72404 (870) 520-0078 www.criticaledgetech.com

EFS Geotechnologies 360 Airport Rd Monticello, AR 71655 (870) 723-2670 www.efsgeotech.com

CTC 4501 Marlena Street Bossier City, LA 71111 (870) 448-6011 www.citytelecoin.com

Emergent BioSolutions 401 Plymouth Rd, Ste 400 Plymouth Meeting, PA 19462 (502) 296-8806 www.emergentbiosolutions.com

HMN Architects Inc. 7400 West 110th Street, Suite 200 Overland Park, KS 66210 (913) 451-9075 www.hmnarchitects.com

Curtis H Stout 2400 Cantrell Rd, Suite 100 Little Rock, AR 72202 (501) 940-3814 www.chstout.com

Employer Support of the Guard and Reserve 223 Center Point Loop Vilonia, AR 72173 (501) 339-3014 www.esgr.mil

Homeland Safety Systems 724 W. 61st St. Shreveport, LA 71106 (318) 423-3205 www.homelandsafetysystems.com

Heavyquip 9701 Meadow Lane Mabelvale, AR 72103 (501) 455-2596 www.heavyquip.com

COUNTY LINES, SUMMER 2022

AAC i3 NETData 1110 Enterprise Dr. Sulphur Springs, TX 75482 (800) 465-5127 www.netdatacorp.net

Kofile 6300 Cedar Springs Road Dallas, TX 75235 (918) 625-5672 www.kofile.com

iCounty Technologies 1700 SW US 40 HWY Blue Springs, MO 64015 (417) 818-4299 www.icounty.com

Information Network of Arkansas 19476 North Springlake Rd Little Rock, AR 72206 (501) 414-3367 www.ina.arkansas.gov/ services-solutions

Level 5 Architecture 326 Holcomb St., Suite 101 Springdale, AR 72764 (479) 756-1661 www.level5architecture.com

IOne Benefits Group 3964 Goodman Rd. Ste. 202 Southaven, MS 38672 (870) 926-9651 www.ionebenefits.com

Mainstream Technologies 325 W Capitol, Suite 200 Little Rock, AR 72201 (501) 801-6700 www.mainstream-tech.com

Jason Owens Law Firm, PA 1023 Main St., Suite 204 Conway, AR 72032 (501) 764-4334 www.jowenslawfirm.com

MASA MTS 260 Sugar Mill Drive Bowling Green, KY 42104 (270) 925-7508 www.MASAmts.com

Jim Harris & Associates, Inc. P.O. Box 1505 Searcy, AR 72145 (501) 268-3112 www.jimharrisaa.com

Mass Enthusiasm, Inc. 11523 Kanis Road, Suite A Little Rock, AR 72211 (501) 658-5726 www.inthooz.com

Johnson Controls 10600 Colonel Glenn Rd Little Rock, AR 72204 (501) 351-0926 www.JohnsonControls.com JTS Financial 1616 Brookwood Dr. Little Rock, AR 72202 (501) 227-0194 www.jtsfs.com Keep Arkansas Beautiful One Capitol Mall, Ste. 4A-007 Little Rock, AR 72201 (501) 682-3507 www.KeepArkansasBeautiful.com KellPro, Inc. 101 S. 15th St. Duncan, OK 73533 (580) 255-5553 www.kellpro.com

Lift Truck Service Center Inc. 12829 Interstate 30 Little Rock, AR 72209 (501) 425-0154 www.lifttruckservicecenterinc.com

Metro Disaster Specialists PO Box 959 N. Little Rock, AR 72115 (501) 747-8995 www.metrodisaster.com

Nationwide Retirement Solutions 10 W. Nationwide Blvd Columbus, OH 43215 (479) 209-0787 www.nrsforu.com

SecureTech Systems 4500 Fuller Drive, Suite 135 Irving, TX 75038 (817) 869-0569 www.securetechwave.com

Office of Attorney General Leslie Rutledge 323 Center St., Suite 200 Little Rock, AR 72201 (501) 682-3645 www.arkansasAG.gov

Smith Two Way Radio, Inc. 520 N College Ave. Fayetteville, AR 72701 (479) 443-2222 www.smithradio.com

Pafford Medical Services PO Box 1120 Hope, AR 71802 (870) 451-3334 www.paffordems.com

SouthBuild, LLC 108 E. Mulberry St. Collierville, TN 38017 (901) 457-7690 www.southbuild.com

Purple Wave Auction 825 Levee Dr Manhattan, KS 66502 (866) 608-9283 www.purplewave.com

Southern Paramedic Service PO Box 88 Lonoke, AR 72086 (870) 480-6211 www.southernparamedic.com

QSI, Inc. 107 Schuler Drive Bardstown, KY 40004 (502) 373-9282 www.qsibanking.com

Southern Tire Mart 800 Hwy 98 Columbia, MS 39429 (877) 786-4681 www.stmtires.com

Raymond James 1100 Ridgeway Loop Road Memphis, TN 38120 (901) 531-3347 www.raymondjames.com Records Consultants, Inc 21288 Gathering Oak, Suite 110 San Antonio, TX 78260 (210) 366-4127 www.rcitech.com

Stephens Inc. — Public Finance Department 111 Center Street Little Rock, AR 72201 (501) 377-2641 www.stephens.com

COVER STORY

Time Striping PO Box 1236 Van Buren, AR 72957 (479) 651-4616 www.timestriping.com TIPS — The Interlocal Purchasing System 4845 US Hwy 271 N Pittsburg, TX 75686 (866) 839-8477 www.tips-usa.com Total Assessment Solutions Corp.

PO Box 499 Glenwood, AR 71943 (870) 356-4511 www.totalassessments.com Trane Technologies 10303 Colonel Glenn Rd, Suite 1-O Little Rock, AR 72204 (501) 366-4252 www.trane.com Turn Key Health 2593 Baughman Cutoff Harrison, AR 72601 (870) 391-6555 www.turnkeyhealth.com Tyler Technologies 1 Tyler Dr. Yarmouth, ME 04096 (207) 405-6142 www.tylertech.com/appraisal

Sutterfield Technologies Inc. 101 N 14th St, Suite A Duncan, OK 73533 (580) 786-4390 www.sutterfieldtechnologies.com

Tyson Foods 2200 Don Tyson Parkway, CP003 Springdale, AR 72762 (479) 290-3486 www.tysonfoods.com

SWEPCO/AEP 101 West Township Street Fayetteville, AR 72703 (479) 966-6279 www.swepco.com

U of A System Division of Agriculture 2301 South University Ave. Little Rock, AR 72204 (501) 671-2156 www.uaex.uada.edu

MTS Contracting Inc. 2110 E Rockhurst St. Springfield, MO 65802 (417) 353-0666 www.mtscontracting.com

Reynolds Construction and Commercial Roofing 6610 Dollarway Road Pine Bluff, AR 71602 (870) 510-2143 www.reynoldsconstructioncompany.com

NABHOLZ || Entegrity Energy Partners 3301 N 2nd Street Rogers, AR 72756 (479) 659-7884 www.nabholz.com

Roadway Management Technologies 425 W. Capitol Ave. Suite 1202 Little Rock, AR 72201 (501) 626-1313 www.roadman.tech

TaxPRO 124 West Capitol Avenue Little Rock, AR 72201 (501) 366-1603 www.gowithtaxpro.com

Univo Data 401 S Chestnut St. Morrilton, AR 72110 (501) 223-2236 www.univodata.com

National Medtest Inc. 601 Southwest Drive Jonesboro, AR 72401 (870) 931-1993 www.nationalmedtest.com

Ryburn Law Firm 650 Shackleford, Ste. 231 Little Rock, AR 72211 (501) 228-8100 www.ryburnlawfirm.com

Telogix 5050 Quorum Drive Dallas, TX 75254 (870) 703-2409 www.Telogix.com

Wright Asphalt 12989 W Hwy TT Republic, MO 65738 (417) 299-1981 www.wrightasphalt.com

COUNTY LINES, SUMMER 2022

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AAC

BOARD PROFILE

Selena Blair Columbia County Treasurer

T

he newest addition to the Association of Arkansas Counties’ Board of Directors, Columbia County Treasurer Selena Blair, has close ties to county government. Her late fatherin-law, John Blair, was a Columbia County judge. Her mother-in-law, Marjie Blair, was a long-time Columbia County justice of the peace.

Blair was born on a military base in Fort Ord, California, but lived there for only two weeks until her father was deployed to Vietnam. She and her mother moved back to Arkansas and lived with one of her aunts until her dad came home two years later. Blair was raised in Magnolia.

These days she lives on what she calls the “Blair Compound” with her family in McNeill. She credits her late father-in-law for encouraging her to run for office after the previous treasurer retired. He knew her knowledge of accounting and previous work experience in a non-profit would make her a perfect fit for the office.

John Blair helped her navigate the questions she had about county government and the politics involved with running for office. Blair was successfully elected in 2014 and took office in 2015.

“I already worked at a non-profit agency, and I had an accounting degree, and it just seemed like the perfect opportunity and a different way to serve my community,” Blair said.

Blair has a bachelor’s degree in accounting from Southern Arkansas University, from which she graduated summa cum laude. Before running for treasurer, she worked for the Southwest Arkansas Planning and Development District for 12 years. There she was an accountant and a compliance specialist for the Workforce Investment Act, which afforded her the opportunity to also work on the programming side of the company.

Blair recently was elected by her peers to serve as president of the Arkansas County Treasurers’ Association and to represent the county treasurers on the AAC Board of Directors. She previously served as vice president of the Treasurer’s Association for four years and then sat on the Treasurers’ Continuing Education Board for two years.

“It’s a great way to network and not only do things for my county but for the state as a whole,” she said.

Blair said she is looking forward to being a part of the AAC Board of Directors. She said she is excited to see the overall picture of where the AAC and the state of Arkansas are headed in the next 10 years — and to be a part of that 40

change and help direct that path.

Blair’s family ties run deep. Married for 30 years this year, she and her husband Kelly have two sons, Mark and Caleb, as well as a grandson, Hayden. She called her sons and her grandson her greatest accomplishments in life thus far. She had many great things to say about her mother-in-law, as well.

“She is so well rounded,” Blair said. “She has the best spiritual outlook, very supportive of her family, loving and kind, hard worker, very disciplined, and inspires greatness in others.”

Marjie Blair owns her own consulting company, keeps the grounds at church, and she cooks dinner for everyone on Sundays. She is a force to be reckoned with, and Blair admires her greatly.

Blair said she lives on the 300- acre family “compound” with many members of her immediate family as well as many members of her extended family.

“We just all take care of each other,” she said.

Blair stays busy with many different hobbies. When she is not working, she makes quilts, crochets, sews, and gardens. She also spends a lot of time playing with her 17-month-old grandson.

“He’s a lot of fun,” she says.

She also enjoys deer hunting. So, it sounds like Selena Blair is a force to be reckoned with like her mother-in-law.

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AAC

STAFF PROFILE

MEMBER SERVICES MANAGER — James Mirus Where were you born and raised? I have lived in Crawford County my entire life, just outside of Mountainburg.

At the top of my bucket list is to: At the top of my bucket list is to scuba dive the Great Barrier Reef in Australia.

Family information: My wife Whitney and I have five children — three girls and two boys.

You might be surpised to learn that: You might be surprised to know that even though I am horrible at it, I love to sing and play the piano.

My favorite meal: My favorite meal is steak and potatoes, but I also love sushi.

Motto or favorite quote: “Be the change you want to see in this world.” — Mahatma Gandhi

When I’m not working: We love to live the lake life. Our kids share our love of watersports, hunting, and fishing.

When did you start at the AAC and what projects have you been working on? I joined the AAC team on June 22, 2022. I have been The accomplishments of which I am working on the Guardian systems by analyzing most proud: Naturally, my children are J the compliance processes. I want to figure out a m es Miru the greatest accomplishments in life. s the best way Guardian can be used across the The hardest thing I have ever done is: The state in a manner most conducive to our goals and hardest yet most rewarding thing I have ever done in life was meet the specific needs and goals of our county serve as a law enforcement officer for over 12 years. jails and their employees.

RMS LITIGATION COUNSEL — Aaron Newell Family information: My wife’s name is Emily, and we have two cats, Luna and Lucien. I have one brother, Austin, and a sister-in-law, Kylie. They have a newborn son, Barrett. My parents are Scott and Christy Newell.

My favorite meal: Chocolate gravy and biscuits.

“And now leave me in peace for a bit! I don’t want to answer a string of questions while I am eating. I want to think!”

The accomplishments of which I am most proud: Graduating law school with honors and having my law review note published.

“Good Heavens!” said Pippin. “At breakfast?”

The hardest thing I have ever done is: Studying for the bar exam.

— The Fellowship of the Ring Aaron Newell

You might be surpised to learn that: I published a video game to the app store when I was in college, and I reCOUNTY LINES, SUMMER 2022

My pet peeve is: When someone is inconsiderate towards someone else.

Motto or favorite quote: Anything from the Lord of the Rings books, but at the moment:

When I’m not working: I am usually playing golf, playing video games, or working on personal projects.

At the top of my bucket list is to: Go skiing/snowboarding in Colorado during the winter.

ally enjoy programming. (Unfortunately, the game is no longer on the store.)

When did you start at the AAC and what projects have you been working on? I started Aug. 10, and currently I am getting acquainted with our litigation system through examining statements of indisputable material facts that accompany our motions for summary judgment.

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AAC

STAFF PROFILE RMS EMPLOYMENT COUNSEL — Mallory Floyd

Where were you born and raised? I was raised in Marion, Arkansas.

Family information: I am the oldest of two daughters to Mike and Michelle Floyd. My little sister’s name is Allyson. I am the dog mom to Betty the Bernedoodle (Bernese Mountain dog and Poodle).

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

You might be surpised to learn that: I “drafted” my first contract when I was eight years old trying to avoid getting a shot.

My pet peeve is: When people drag their feet.

My favorite meal: My favorite meal is lasagna followed up with a piece of cheesecake.

When I’m not working: I’m working out at ZenStudio Fitness, cooking, or spending time with my friends and family.

my law school finals with a broken arm.

Motto or favorite quote: “Fight for the things that you care about but do it in a way that will lead others to join you.” – Ruth Bader Ginsburg Mallor y Floyd

The accomplishments of which I am most proud: Achieving my lifelong dream of being an attorney.

The hardest thing I have ever done is: Taking some of

When did you start at the AAC and what projects have you been working on? I started working for the AAC on Aug. 8, 2022. I am currently working on answering all of y’all’s employment law questions.

LAW CLERK — Dillon Cordel Where were you born and raised? I was born in Virginia Beach, but moved when I was young and claim Southern Missouri as my home (Springfield, MO area).

You might be surpised to learn that: I lived (as a student) in China for a little while.

Family information: My wife Brooklyn and I have a 2 1/2-year-old son, Theodore. Baby Virginia is expected Sept. 6.

My pet peeve is: When I forget my umbrella and I am slightly damp for the next few hours.

My favorite meal: I love pizza.

When I’m not working: I’m in class, studying, or spending as much time as I can with my family.

The accomplishments of which I am most proud: Being accepted into law school.

Motto or favorite quote: A wise person creates more opportunities than he or she may find.

Dillon Corde l

The hardest thing I have ever done is: Getting through law school.

42

At the top of my bucket list is to: One day I would like to go on a food tour across Europe, starting on the coast of Italy.

When did you start at the AAC and what projects have you been working on? I started working at the AAC in August 2022. I primarily work with the litigation team with the drafting of motions and other related documents involved in litigation.

COUNTY LINES, SUMMER 2022

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AAC

PHOTO RECAP

COUNTY CLERKS County Clerks held their summer continuing education conference at Fairfield Bay/Van Buren County.

Above left: Baxter County Clerk Canda Reese and Dallas County Clerk Pam Barnes pose for a photo between study sessions.

Above right: Crittenden County Deputy Clerk Linda Sykes and Crittenden County Clerk Paula Brown prepare for a presentation.

Presentations covered topics such as FOIA, Election Security, and Human Resources, among other things.

Above left: Franklin County Clerk Tammy Sisson and Franklin County Chief Deputy Clerk Heather Lovelace are pictured. Above, right: Poinsett County Clerk Teresa Rouse and Poinsett County Election Coordinator Gina Oberg attended the conference.

Right: Boone County Clerk Crystal Graddy makes a stop in the exhibit area. Far right: St. Francis County Clerk Brandi McCoy visits a vendor’s table.

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AAC

COUNTY TREASURERS

PHOTO RECAP

County Treasurers held their summer meeting June 22-24, in Fairfield Bay/Van Buren County.

Left: Eddie Jones, AAC Consultant speaks on the best practices for collateralizing public deposits Right: Dallas County Treasurer Louann Clayton (standing), Sevier County Treasurer Heather Barnes (left), and Carroll County Treasurer Makita Williams (right) pose for the camera.

Left: Treasurers elected a new slate of officers. Pictured on the front row: Continuing Education Board Members Karen Arnold (Clark), Judy Flowers (Hempstead), and Teresa Reed (Miller); Secretary Dayna Guthrie (Little River); Continuing Education Board Member Jenay Mize (Baxter); Vice-President Stacey Breshears (Ashley); and AAC Board Member Terry McNatt (Craighead). Pictured on the back row: Legislative Committee Member Janet Hibbits (White); Continuing Education Board Member Deanna Ratcliffe (Benton); President and AAC Board Member Selena Blair (Columbia); Continuing Education Board Members Barry Abney (Fulton) and Warren Sanders (Izard); and Legislative Committee Members Bobby Hill (Washington), and Tim Stockdale (Garland). Not Pictured are Treasurer Loletia Rather (Pike); Legislative Committee Member Tammie Stafford (Poinsett); and Continuing Education Board Member Debra Buckner (Pulaski).

Right: Now-retired AAC Member Benefits Manager Becky Comet presents on the meaning of “Wellness” and how to get there. Far Right: Mark Kirby with Cybersecurity & Infrastructure Security Agency talks about cybersecurity practices.

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AAC

PHOTO RECAP

COUNTY JUDGES The County Judges Association of Arkansas met June 2224 in Hot Springs/Garland County.

Above left: Senate Pro-Tempore Designee Sen. Bart Hester served as keynote speaker for the Thursday luncheon, focusing mainly on criminal justice reform. Above right: Izard County Judge Eric Smith and state Land Commissioner Tommy Land visit in the exhibit hall.

Above left: Baxter County Judge Mickey Pendergrass and Logan County Judge Ray Gack talk in between presentations. Above, right: Crawford County Judge Dennis Gilstrap and Franklin County Judge Rickey Bowman enjoy a break. Educational sessions focused on American Rescue Plan funds, unpaved roads, human resources, and more.

Right: Polk County Judge Brandon Ellison visits with platinum sponsor Homeland Safety Systems. Far right: Madison County Judge Frank Weaver (standing) speaks with Carroll County Judge Ronda Griffin. Boone County Judge Robert Hathaway sits next to her.

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COUNTY LINES, SUMMER 2022

AAC

COUNTY ASSESSORS

PHOTO RECAP

The County Assessor’s Association Summer conference was held June 21-24, in Mountain View/Stone County.

Left: Faulkner County was well-represented at the summer conference by Assessor Krissy Lewis and members of her staff. Right: Meeting attendees enjoyed an extracurricular activity — painting door hangers.

Left: Assessor’s liaison and AAC Legal Counsel Lindsey French chats with Assessor’s Association Past President and Jefferson County Assessor Yvonne Humphrey. Right: Assessors gather for a breakout session with ACT. Right: Shelby Johnson, Arkansas GIS Office, delivers a presentation about parcel errors Far Right: Pope County Assessor Dana Baker, who also serves on the AAC Board of Directors, and members of her staff attended the summer conference.

COUNTY LINES, SUMMER 2022

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AAC

PHOTO RECAP

COUNTY CIRCUIT CLERKS County Circuit Clerks met June 14-17 in Fayetteville/Washington County for their Summer continuing education conference.

Gwen Shankle, retired educator, speaks on understanding personaility assessments.

Benton County Circuit Clerk Brenda DeShields presents the newly elected members of the E-Recording Grant Committee.

Above left: Attorney Dara Young talks about unlawful detainers and evictions Above right: Independence County Chief Deputy Circuit Clerk Marcis Young chats with Stephanie Carper of Datascout.

Above left: Pictured are Independence County Circuit Clerk Greg Wallis, Cross County Circuit Clerk Rhonda Sullivan, and Jackson County Circuit Clerk Barbara Hackney.. Above right: The Circuit Clerks call the Hogs with former Razorback Coach Ken Hatfield.

48

COUNTY LINES, SUMMER 2022

AAC

PHOTO RECAP

COUNTY COLLECTORS The County Collectors summer conference was held June 6-8, in Fairfield Bay/Van Buren County.

Pictured are Saline County Chief Deputy Collector Jennifer Center, Saline County Office Manager Rachel Buffington, and Saline County Improvement District Manager Christy Scott.

Lincoln County Collector Melissa Bumpass and Crittenden County Collector Ellen Foote get some refreshments during a break.

Far left: Members of the Arkansas Tax Collector’s Association Executive Board are seated at the front of the room. Left: Collectors break into small groups to discuss collections on delinquent businesses, as well as mobile homes.

Above left: Pulaski County Assistant Collections Managers, Donna McGlothian, Stefanie Shackelford, and Teresa Martin pose for a photo. Above right: Collector’s Association liaison and AAC Government Affairs Director Josh Curtis speaks at the meeting.

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AAC

PHOTO RECAP

SHERIFFS

The Arkansas Sheriff’s Association held its summer conference June 5-8, in Rogers/Benton County.

Saline County Sheriff Rodney Wright was elected president of the Sheriff’s Association executive board. He is picture with his brother, Randy, and sister-in-law, Amanda.

The Sheriff’s Association deemed Gov. Asa Hutchsinon an honorary sheriff for his devotion to law enforcement issues. Hutchinson is the 77th sheriff in the state. The association previously honored former Attorney General Dustin McDaniels. He is the 76th sheriff in the state.

Pictured is the association’s new executive board with the Hon. Circuit Judge Robin Green (middle), who performed the swearing in ceremony. The board includes Sergeant at Arms Hobe Runion (Sebastian); Sergeant at Arms Scott Sawyer (Polk); Executive Secretary John Staley (Lonoke); 2nd Vice President Shane Jones (Pope); President Rodney Wright (Saline); Financial Chair Shawn Holloway (Benton); Executive Secretary Mike Loe (Columbia); Secretary/Treasurer Tim Ryals (Faulkner); and 1st Vice President Dale Cook (Mississippi).

50

COUNTY LINES, SUMMER 2022

AAC AAC amily

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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 t io 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 $ 3 1 . 3 5 MI L L I O N dollars in dividends, payable to members of the fund. In fact, we mailed $750,000 in savings back to member counties in July 2022.

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

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AAC

FEATURE

Workers’ Compensation Fund pays $750,000 in dividends to its member counties in 2022

T

he Association of Arkansas Counties Workers’ Compensation Trust is proud to announce that for the 26th straight year dividends will be returned to all participating counties. The 2022 dividend is declared based on 2018 premiums paid and losses incurred. This brings the total dividends paid over the last 26 years to $31,448,953.

AAC Workers’ Compensation Trust Group Manager Chris Villines recommended the $750,000 dividend to the board of trustees at its June meeting.

Checks were issued in July.

“There are several reasons that we are able to continue returning such large sums to the counties,” Villines said.

“Our staff is excellent and efficient and the counties of Arkansas work hard to minimize risks at home. I cannot compliment our Risk Management and Insurance Director Debbie Norman enough. She has an incredible responsibility and handles it wonderfully. The Workers’ Comp staff is equally adept.

Debbie Lakey, Kim Nash, Renee Turner, Kim Mitchell, and Ellen Wood 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 26th 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 Jimmy Hart, Conway County Judge; Debbie Wise, Randolph County Circuit Clerk; Debra Buckner, Pulaski County Treasurer; Brandon Ellison, Polk County Judge; and Rusty McMillon, Greene County Judge.

Here are the formulaic dividend amounts per county as approved by the AAC/WCT board: Arkansas County.........................$7,031 Ashley County.............................$6,509 Baxter County.............................$6,716 Benton County.........................$15,548 Boone County..........................$11,275 Bradley County...........................$5,241 Calhoun County............................$500 Carroll County...............................$500 Chicot County............................$4,417 Clark County..............................$9,686 Clay County................................$6,079 Cleburne County........................$4,162 Cleveland County.......................$4,555 Columbia County.......................$8,886 Conway County..........................$8,041 Craighead County....................$13,755 Crawford County.......................$5,963 Crittenden County...................$14,137 Cross County..............................$6,128 Dallas County.............................$4,530 Desha County.............................$5,029 Drew County..............................$6,816 Faulkner County.......................$25,803 Franklin County.........................$7,424 Fulton County............................$5,483 Garland County........................$23,613 Grant County..............................$7,749 Greene County............................$3,824 Hempstead County...................$10,657

Hot Spring County.....................$8,697 Howard County..........................$6,797 Independence County..............$13,047 Izard County...............................$6,176 Jackson County...........................$6,077 Jefferson County.......................$20,469 Johnson County.............................$500 Lafayette County.........................$6,760 Lawrence County........................$4,934 Lee County..................................$4,400 Lincoln County...........................$4,954 Little River County...................$11,261 Logan County.............................$4,766 Lonoke County...........................$8,521 Madison County.......................$13,645 Marion County.........................$11,057 Miller County...........................$20,266 Mississippi County...................$11,345 Monroe County..........................$4,893 Montgomery County..................$5,071 Nevada County...........................$5,855 Newton County..........................$5,458 Ouachita County......................$11,220 Perry County...............................$6,633 Phillips County...........................$3,941 Pike County................................$7,608 Poinsett County..........................$7,269 Polk County................................$9,176 Pope County.............................$17,571 Prairie County.............................$4,409 Pulaski County..........................$60,141 Randolph County.....................$17,150 Saline County............................$16,574 Scott County..................................$500 Searcy County.............................$6,986 Sebastian County......................$21,966 Sevier County..............................$7,797 Sharp County............................$11,888 St. Francis County.......................$8,781 Stone County..............................$5,588 Union County...........................$13,975 Van Buren County......................$8,995 Washington County..................$48,859 White County..........................$11,704 Woodruff County.......................$6,178 Yell County...............................$10,085

www.arcounties.org 52

COUNTY LINES, SUMMER 2022

AAC

FEATURE

Arkansas counties receive $8 million in PILT payments

I

n June, Secretary of the Interior Deb Haaland announced more than 1,900 local governments around the country will receive $549.4 million in Payments in Lieu of Taxes (PILT) funding for 2022. Since local governments cannot tax federal lands, annual PILT payments help to defray costs associated with maintaining important community services.

Arkansas, home to 3,254,757 acres of federal land, will receive $8,022,913 million in PILT payments. That’s $269,734 more than it received in FY2021.

PILT payments are made annually for tax-exempt federal lands administered by Department of the Interior agencies, including the Bureau of Land Management, the National Park Service, the U.S. Fish and Wildlife Service and the Bureau of Reclamation. Additionally, PILT payments cover federal lands administered by the U.S. Forest Service, U.S. Army Corps of Engineers, and the Utah Reclamation Mitigation and Conservation Commission. These payments are calculated based on the number of acres of federal land within each county or jurisdiction, and the population of that county or jurisdiction.

“This program is an important example of the federal government’s commitment to continuing to be a good neighbor to the communities we serve. The nearly $550 million being distributed will help local governments carry out vital services, such as firefighting and police protection, construction of public schools and roads, and search-and-rescue operations,” said Secretary of the Interior Deb Haaland.

Since PILT payments began in 1977, the Department has distributed more than $10.2 billion to states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

The Department collects more than $10.3 billion in revenue annually from commercial activities on public lands, such as oil and gas leasing, livestock grazing, and timber harvesting. A portion of these revenues is shared with states and counties. The balance is deposited in the U.S. Treasury, which in turn pays for a broad array of federal activities, including PILT funding.

Individual county payments may vary from year to year as a result of changes in acreage data, which is updated annually by the federal agency administering the land; prior-year federal revenue-sharing payments reported annually by the governor of each state; inflationary adjustments using the Consumer Price Index; and population data, which is updated using information from the U.S. Census Bureau.

At right is a breakdown of the FY 2022 PILT payments to Arkansas counties that contain federal lands. Not all Arkansas counties contain federal lands — Bradley, Cleveland, Drew, Grant, Independence, Jackson, Lawrence, Lonoke, Miller, Nevada, Prairie, and Randolph counties. Calhoun, Crittenden, and White counties have 10, 2, and 42 acres of federal land, respectively, which was not enough to qualify for payments.

— Courtesy of U.S. Department of the Interior press release COUNTY LINES, SUMMER 2022

COUNTY Arkansas Ashley Baxter Benton Boone Carroll Chicot Clark Clay Cleburne Columbia Conway Craighead Crawford Cross Dallas Desha Faulkner Franklin Fulton Garland Greene Hempstead Hot Spring Howard Izard Jefferson Johnson Lafayette Lee Lincoln Little River Logan Madison Marion Mississippi Monroe Montgomery Newton Ouachita Perry Phillips Pike Poinsett Polk Pope Pulaski Saline Scott Sebastian Sevier Sharp St. Francis Stone Union Van Buren Washington Woodruff Yell

PAYMENT $20,442 $5,883 $294,612 $115,689 $40,464 $24,469 $1,328 $52,582 $1,313 $89,215 $389 $7,313 $8,132 $215,332 $118 $118 $11,826 $691 $307,343 $10,497 $449,345 $1,184 $15,271 $38,206 $44,878 $235 $10,295 $466,584 $3,144 $26,425 $112 $48,869 $320,598 $120,609 $219,330 $27,032 $38,724 $818,919 $554,256 $353 $239,893 $29,024 $81,098 $21,459 $479,199 $512,252 $5,185 $149,301 $842,739 $163,440 $56,725 $118 $740 $150,549 $1,963 $111,717 $65,147 $4,251 $551,348

ACRES 6,958 2,130 110,800 40,125 13,773 8,329 452 17,898 447 30,803 160 7,163 2,768 86,104 40 40 4,025 242 120,806 3,573 161,829 403 5,198 13,029 15,571 80 3,504 194,961 1,070 11,909 38 16,634 124,160 48,471 74,952 9,201 13,181 357,703 236,990 120 100,603 11,042 29,537 7,304 205,933 200,678 1,765 58,622 368,023 76,698 19,308 40 252 61,478 668 42,088 25,068 1,447 242,859 53

AAC

NEWS FROM NACO

www.naco.org

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

Census Bureau launches new post-census review program

I

n June 2022, the U.S. Census Bureau launched a new, one-time 2020 Post-Census Group Quarters Review (PCGQR) program to provide eligible local governments, including counties, parishes and boroughs, the opportunity to request reviews of population counts of group quarters they believe were not counted correctly as of April 1, 2020. This program was created in response to public feedback related to counting quarters’ populations during the unprecedented COVID-19 public health emergency.

The Census Bureau defines “group quarters” as places where individuals live or stay, in a group living arrangement, owned or managed by an entity or organization providing housing and/or services for the residents. Group quarters types eligible for review under the PCGQR program include: • • • • • • •

Juvenile Facilities Correctional Facilities for Adults and Children Nursing Facilities/Skilled-Nursing Facilities Other Institutional Facilities College/University Student Housing Military Quarters Emergency and Transitional Shelters (with Sleeping Facilities) for People Experiencing Homelessness Group Homes Intended for Adults Residential Treatment Centers for Adults

• •

• •

Workers’ Group Living Quarters and Job Corps Centers Living Quarters for Victims of Natural Disasters

Additionally, service-based locations (e.g. soup kitchens, regularly scheduled mobile food vans, targeted non-sheltered outdoor locations) and sensitive group quarter types (e.g. domestic violence shelters) have been enumerated by the Census Bureau as ineligible for review under this program.

Updated population counts resulting from the PCGQR program cannot be used to change 2020 Census counts or data products, such as apportionment and redistricting. The updated data will, however, be provided to the Population Estimates Program and be used by other Census Bureau surveys such as the American Community Survey.

Counties interested in submitting a PCGQR case should consult the Census Bureau’s Participants Guide and Frequently Asked Questions. The Census Bureau has also created Response Templates that counties can use to prepare its submission.

Go to https://www.census.gov/programs-surveys/decennialcensus/decade/2020/planning-management/evaluate/pcgqr. html for more information.

The deadline to submit all documentation is June 30, 2023.

The Census Bureau will review cases on a rolling basis and notify all impacted governmental units of results no later than Sept. 30, 2023.

A d vertiser R e source I n dex

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