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In This Issue Summer 2024
Departments
The AAC held its 56th Annual Conference Aug. 7-9 in Garland County. Pictured on the cover are (top) Dallas County Sheriff Mike Knoedl, who was honored for his bravery during a mass shooting; (bottom left) Van Buren County Judge Dale James and Sen. Tom Cotton; and (bottom right) Gov. Sarah Huckabee Sanders. Pictured above are Pulaski County Treasurer/Collector Debra Buckner and members of her staff.
Cover Notes: 56th Annual AAC Conference
Cover Photos by: Sarah Perry
Sept. 4-6
County Clerks
Mt. Magazine Lodge, Paris
Sept. 11-13
Judges Embassy Suites, Jonesboro
Sept. 18-20
Treasurers
Four Points by Sheraton, Bentonville
Oct. 9-11
Circuit Clerks
DeGray Lake Resort, Bismarck
Oct. 21-25
Assessors
Springdale
Dec. 4-6
Collectors
Hilton Garden Inn, Little Rock
Calendar activities also are posted on our website: www.arcounties.org
Contact AAC
Chris Villines, Executive Director cvillines@arcounties.org
Anne Baker, Executive Assistant abaker@arcounties.org
Loretta Green, Receptionist lgreen@arcounties.org
Eddie A. Jones, Consultant e.jonesconsulting@gmail.com
Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org
Colin Jorgensen, AAC Litigation Counsel cjorgensen@arcounties.org
Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org
Jacob Trumble, Claims Analyst jtrumble@arcounties.org
Greg Hunt, Claims Analyst ghunt@aacrms.com
AAC Mission Statement
The Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district 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.
Kim Mitchell, Premium Analyst kmitchell@aacrms.com
Karen Bell, Program Assistant kbell@aacrms.com
Ellen Wood, Admin. Asst./Receptionist ewood@aacrms.com
James Mirus, Member Services Manager jmirus@arcounties.org
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
Sarah Perry
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
Rebecca Talbert Doug Curtis
Gerone Hobbs Marty Boyd
John Montgomery Heather Stevens
Brenda DeShields Selena Blair
Bobby Burns
National Association of Counties (NACo) Board Affiliations
Debbie Wise: NACo board member. She is the Randolph County Circuit Clerk and president of the AAC Board of Directors.
Brandon Ellison: NACo board member. He is the 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.
Barry Hyde: Justice and Public Safety Steering Committee. Vice Chair of Transportation Steering Committee. He is the Pulaski County Judge.
Rusty McMillon: Justice and Public Safety Steering Committee. He is the Greene 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 the Chief Computer Operator for Crittenden County.
AAC DIRECTOR’S DESK
Don’t be the boiling frog
It’s an apologue we all have heard. If you put a frog in boiling water, it will immediately jump out. But if you put a frog in a pot of lukewarm water and slowly heat it up, the frog will slowly adjust to the heat and will unfortunately reach his demise, boiling to death as he obliviously adjusts to the rising heat.
I wouldn’t test this theory at home, but unfortunately, we are living it in the real world in so many ways. As I read through this issue of County Lines, I made a mental note of several things we are doing in county government that are examples of this theory.
First and foremost, it may be a long read but newly minted AAC Attorney Taylor Handford’s report on the prison system in Arkansas is a prime example of becoming accustomed to a bad situation. Blame can be shared all around but suffice it to say that incarceration and the noble process of rehabilitation of prisoners in Arkansas is boiling over. County jails are the proverbial frogs, and we’ve let this water warm over the last 20 years.
Additional prison space is long overdue, and the backup into county jails has wrecked Arkansas’ misdemeanor justice. Along the way this impacts rehabilitative efforts and drives up recidivism as one-time offenders become hardened career criminals.
We should all be proud of state and local efforts, albeit expensive ones, pushing to a system that focuses on reformed offenders. Who knows? Maybe we can eventually become one of those states with the right number of prison beds because our citizens steer inmates towards doing what is right. Thank you to AAC staff that has been championing these efforts.
Not written in this issue of County Lines, but a major focus over the last few years also has been an AAC-driven effort to fight for those with mental health issues who find themselves in the custody of our jails. Mental health tends to be a taboo subject. It’s demoralizing to families that deal with it, hopeless to the person who suffers, dangerous and scary to the innocent victims, and messy to government. This frog is way beyond boiled.
If we as a society really care about mental health, we must take action by providing assets that give sufficient treatment to help the patients. Crisis Stabilization Units, which have been championed at the AAC, have sprung up and are gaining traction post covid, but this is only one of a myriad of needed weapons.
We need additional bedspace with competent psychological and medical help that rightly expects to treat over time, not in three days. You will see more on this front as we add focus and efforts in this area.
Finally (and I’ll be finished with frogs) is the creeping normality of uncivil discussion. Just last week a local party meeting made national news when discussion turned to anger, and anger to punches thrown. I guess one thing I’d like to say is none of the parties involved was an elected county or district official. I’ve written about it before to some extent, but how have we gotten used to this type of uncivil and polarizing discourse?
Elected officials are held to a higher standard, as they should be, for their actions and words. They do not have the luxury of being able to “say what they want” with no ramifications. Treating others with gentleness and reverence is not just an aspiration, it’s biblical. That this type of behavior is connected in any way to the
Chris Villines AAC Executive Director
AAC DIRECTOR’S DESK
political discourse in this country, state and now local levels is a disappointment that we must not grow accustomed to.
On to my point: Thank you for continuing to act respectfully to each other and the citizens in your counties. Relationships cannot be minimized when it comes to public service … in fact they are the cornerstone. Any gathering that casts a pall on you and your office must be distanced from, and thankfully this county’s officials did just that.
It can be disconcerting when you consider the number of new officials that were sworn in after the last election cycle. Somewhere between 1/3 and 1/2 of the county officials are new to their position. But you are anything but lost. Learning from others, exchanging ideas and developing friendships across county lines ensure success for all of us.
I want to offer some heartfelt thanks to your association leaderships. You are committed to learning and putting forth a great product to bring your offices together. It shows at our annual conference and, when combined with the fantastic planners here at the AAC, things work well.
As we move forward and look to Autumn, I think the pumpkin spice coffee this year will be extremely rewarding. This year’s annual conference was a huge success, judging not only on the events in the conference but more so by watching the interaction between county officials across our state.
I’m so thankful for the staff here at the AAC for working hard to make the 2024 conference the best I’ve been a part of. Speakers and breakouts were great, but watching individual discussions in the hallways and at vendor booths was extremely satisfying.
As an exclamation point to the conference, I was proud to announce that plans are being developed for the property next door to the AAC. We desperately need some more space, and the options for development will soon be presented to the AAC Board of Directors. Hopefully we will have more details for you later this year when the Fall County Lines is produced.
In the meanwhile, enjoy something pumpkin spice, turn off the boiling water and think good thoughts of your friends here at the AAC.
My view of the AAC Annual Conference
Iwas thrilled to join you all at the 56th annual AAC Conference in Hot Springs/Garland County in August. The excitement and energy surrounding conference always reinvigorates me as I head back to Randolph County to fulfill my role as county circuit clerk. Conference reiterates to me the importance of our role as public servants. Our constituents have bestowed upon us a great responsibility, and it is our duty to remain informed and engaged so we can act in their best interest.
My view of conference, as the AAC Board president presiding over the annual conference, is unique. From the stage, I can see all of you interacting with one another. I can see the bonds you are making with your colleagues — and I am proud to be part of such an important event and process. The fellowship with other county and district officials is such an important element of conference. The relationships we establish with those in our county family are so important. We are our greatest allies and sources of support.
I commend the AAC staff for working passionately each year to craft an event that will leave an impression on us, and I can think of several highlights from this year’s conference. It was an honor to hear from Gov. Sarah Huckabee Sanders and U.S. Sen. Tom Cotton, two high-profile figures who took time out of their busy schedules to speak to us and to acknowledge the essential role county government plays in not only our state, but also across the country.
Legislators’ presence at the AAC conference — through committee meetings and legislative panels — is much appreciated. It allows them a glimpse into our world and affords us a chance to forge the relationships we need in place when we go to the Capitol. All of us should strive to maintain an open line of communication with state lawmakers.
It also is an honor each year to host a representative from the National Association of Counties (NACo). This year we welcomed NACo Immediate Past President — and my friend — Commissioner Mary Jo McGuire from Ramsey County, Minnesota. I value the connections I have made over the years with county officials from other parts of the country. I believe it is vital for us to come together within the national organization to discuss our mutual challenges, and then share ideas for meeting those challenges.
As always, I was impressed with the quality of the information provided during our conference breakout sessions, which focused on topics such as retirement and constitutional amend-
ments we may see on the ballot in November. The jail track training is a must-attend series of meetings for those in law enforcement. This year’s topics ranged from Worker’s Compensation injuries in law enforcement to emerging legal issues for jails. The AAC Risk Management staff do an excellent job of watching trends and providing timely discussion of those trends.
Speaking of trends, I listened intently to Christina Kucek’s presentation on Generative AI. Christina speaks on the subject nationally, and she effectively explained how Generative AI is affecting county government.
It is always a pleasure to announce the recipients of the AAC scholarships and to recognize through the Wes Fowler Advocacy Award a person who has tirelessly advocated for county government throughout their careers. The 2024 recipient of the award was state Rep. Lanny Fite, who began his political career as Saline County Judge in 1999. Rep. Fite is retiring at the end of the year. However, Polk County Judge and AAC Board Vice-President Brandon Ellison says he will still rely on the words Rep. Fite has shared over the years. And that sentiment hits home with me. There have been many in county government, including former AAC Board presidents and executive directors, who have influenced me over the years and shaped who I am today. That is the beauty of attending the AAC conference. With nearly 900 people there, you are bound to find someone you can learn from. And you can’t put a price tag on the experience of those who have been serving the public for numerous years. With their sage wisdom, we all can be more effective servants to our public.
Debbie Wise Randolph County Circuit Clerk/AAC Board President
DEBBIE WISE AAC Board President; Randolph County Circuit Clerk
Wise
AAC AG OPINIONS
From sheriffs’ jurisdiction and used tires to bail bondsmen and donation deeds
AG OPINION NO. 2023-104
The Attorney General made clear that a sheriff has jurisdiction over the whole county, including municipalities within the county, even if a city has a functioning police department. Reference was made to A.C.A. § 14-15-501(a), which provides: “Each sheriff shall be the conservator of peace in his or her county…” Previous Attorney General Opinions so find. Ark. AG Op. 86-213 was referenced and concluded that both “city police and sheriff’s office have jurisdiction over crimes committed within the city” because the sheriff’s jurisdiction “encompasses the entire county including municipalities.” A.C.A. § 27-53-303(a) recognizes that there are overlapping jurisdictions in which law enforcement agencies must work cooperatively to investigate and report traffic accidents. The AG also noted mayors of the first class have similar authority of the sheriff to suppress disorder and keep the peace as per A.C.A. § 14-43504. However, the AG also noted that in the absence of the requisite law enforcement training a mayor could expose the city to civil litigation and liability.
AG OPINION NO. 2023-095
The AG was asked a litany of questions about Act 713 of 2023. The act amended the Used Tire Accountability Act and created four used tire programs (UTPs), which consolidated the several used tire districts. Each UTP is governed by a tire accountability board. In essence, the AG concluded that the UTPs and tire accountability boards are political subdivisions in nature. However, in the limited context of procurement they are state agencies governed by state procurement laws — the same is true of Regional Solid Waste Management Districts (RSWMDs). The AG further concluded that the UTPs and tire accountability boards were implicitly provided authority to enter contracts under the act, including but not limited to the collections, transportation and processing of used tires. The AG noted that the Arkansas Department of Transformation Services provides a composite of Arkansas Procurement Law and the Office of Procurement Rules. The AG noted that contracting between the tire accountability boards or UTPs with the RSWMD is specifically authorized by law. The AG made clear the tire accountability board is a separate legal entity from the board members or the cities or counties from which the board members originate. The interlocal agreements of tire accountability boards or UTPs are to comply with the Interlocal Cooperation Act, A.C.A. § 25-20-101 through 524. The AG noted that the previ-
ous contracts are not vacated by the act. New contracts with RSWMD must be part of the approved business plans.
AG OPINION NO. 2023-097
Mark Whitmore Chief Legal Counsel
Article 7, § 53 of the Arkansas Constitution and A.C.A. § 14-14-115 prohibit county elected officials from being appointed or elected to any civil office overlapping the unexpired term of the county elected office he or she was elected to serve. The question presented to the Attorney General was whether a county elected official may resign and then become eligible to run and serve as justice of the peace. The AG stated that it does not matter that the county elected official resigned and fails to serve the remainder of his or her term of office. The AG noted that the dispositive issue is the term for the county elected offices run from Jan. 1, 2022, through Dec. 31, 2026. So, the county elected official could not serve in another civil office, including justice of the peace, at any time before Dec. 31, 2026.
AG OPINION NO. 2023-032
The AG explained the manner to determine whether a lease or sublease by a county, city or political subdivision of public lands would be in violation of Article 12, § 5 of the Arkansas Constitution. This constitutional provision prohibits the bare donation of public funds or public property to any corporation, association, institution or individual. However, the AG noted that where a lease or sublease is supported by adequate consideration then there’s no indication of a violation of the law. So, a lease or sublease must be supported by adequate consideration to be a lease instead of a donation. In the subject situation, the AG found that a court may likely concur with the governing body of the political subdivision that the lease or sublease meet a public purpose requirement.
AG OPINION NO. 2023-122
The AG was requested to opine on whether there is a conflict with law and the Arkansas Constitution. A.C.A. § 1617-1107 directs that a portion of the salaries of state district court pilot judges to be paid by cities and counties. Arkansas Constitution Amendment 94 directs the salaries of state district court judges to be paid from the State Constitutional Officers Fund. The AG examined: A.C.A. § 16-17-1107(b), Amendment 80 and Amendment 94 of the Arkansas Constitution. The AG noted that Amendment 80 and Amendment
94 cumulatively create a unified and independent judiciary with the salaries of justices and judges set by an independent commission. The Constitution directs that these salaries are not under the control of the legislature, not subject to appropriation and must be paid from the State Constitutional Officers Fund. The AG concluded that Amendment 94 approved by the voters was not inconsistent and did not implicitly repeal the sections of code for a portion of the salaries of state district court judges to be paid by cities and counties.
The AG noted that the legislature could amend the policy to have state district judges to be paid by the State of Arkansas and from the State Constitutional Officers Fund without cities and counties contributing to the State Constitutional Officers Fund. {Editorial Comment: Repeal of A.C.A. § 16-171107(b) by the General Assembly would fulfill the intent of the voters and Amendment 94. A unified and independent judiciary does not retain the appearance of local control by payment of state district judges’ salaries by cities and counties. Furthermore, the state district court pilot program has concluded. The State of Arkansas, not cities and counties, should pay for the salaries of state justices and judges}.
AG OPINION NO. 2023-025
This opinion is related to whether a bail bondsmen may
finance bail bonds. The AG concluded that A.CA. § 17-19105(7) and A.C.A § 17-19-105(9) prohibit both bail-bond companies and bail bondsmen from directly financing bail-bond premiums. Further, under A.C.A § 17-19-105(7) and A.C.A § 17-19-105(9) a bail bondsmen cannot personally operate a company that finances premiums. However, there is no current law that prohibits a bail-bond company or bail bondsmen from owning an interest in a company that finances premiums. Finally, there is no law that prohibits a bail-bond company from accepting financed premiums.
AG OPINION NO. 2024-001
The AG concluded that A.C.A § 26-37-101 is likely unconstitutional. The AG cited the recent U.S. Supreme Court opinion in Tyler v. Hennepin County, which held that a state’s retention of surplus proceeds from a property sale to satisfy a tax lien, without giving the owner an opportunity to obtain the surplus, is an unconstitutional taking under the Fifth Amendment of the U.S. Constitution. The AG noted that instances when the Arkansas Commissioner of State Lands issues a donation deed, a court could find that the donation deed statutes are unconstitutional as applied to situations when the property donated is more valuable than the amount owed.
History of, current state of, and solutions for the Arkansas prison system
The criminal justice reform achievements of the 2023 legislative session are the foundation upon which a safer, stronger Arkansas can be built.
The cornerstone of the foundation is Act 659, known as the Protect Arkansas Act. The Act is a pragmatic, common sense approach to reforming and improving the state’s criminal justice system.
“The Protect Arkansas Act couples much-needed reforms with right-sized penalties to maximize the opportunity for inmates to rebuild their lives before they leave incarceration,” said state Sen. Ben Gilmore.
The Act restructured the parole system, enacting truthin-sentencing reforms that mandate individuals convicted of certain crimes serve at least 85 percent of their sentence before becoming parole eligible. Individuals convicted of the most heinous crimes will serve 100 percent of their sentence without the possibility of parole.
The Act also includes pragmatic measures aimed at reducing Arkansas’ recidivism rate. While incarcerated, inmates can earn release credits for participating in work opportunities, having job responsibilities, exhibiting good behavior, and being involved with rehabilitative activities. These earned release credits provide incentive for inmates to take ownership of their actions while reducing the potential of recidivating. Upon release, inmates are provided with work and training records, their birth certificate, and a social security card. These documents are provided to ease the process of re-entry and assist in securing employment.
The Act also provides for inmates who give birth to have 72 hours with their newborn, encourages weekly family visits between incarcerated parents and their minor children, and provides specialty training for Arkansas Department of Corrections (ADC) staff in how to care for the health of pregnant inmates.
With the Protect Arkansas Act enshrined in law, the foundation is set for the 2025 Legislature to continue the bold work of investing in and building a safer state.
“While the Protect Act addressed many issues, from mental health to programming opportunities, it is, without question, just the start of fixing our broken system,” Sen. Gilmore said. Gov. Sarah Huckabee Sanders has been consistent in her commitment to building a safer Arkansas. Gov. Sanders, along with Attorney General Tim Griffin, have been great advocates for no longer kicking the can down the road when it comes to crime in Arkansas. The Governor and Attorney General (AG) have routinely shed light on the failings of our justice system. In the State of the State address, Gov. Sanders reiterated her support for investment in the state’s prison system.
The commitment and leadership to address state prison
capacity shortages was long overdue. The backup of state inmates being held in county jails is routinely over 2,000 on any given day. The construction of a new prison had been discussed for over a decade with little to show for the efforts. As explained by AG Griffin over a year ago: “Why hasn’t this been done before? Political courage was lacking. Of course, people knew this was a problem. It’s happening now because the Governor has the fortitude to do it.”
The appropriation of funds to construct a 3,000-bed prison was a necessary and important step Gov. Sanders and AG Griffin spearheaded. Act 561 of 2023 appropriated $330 million to be set-aside for additional state prison beds and capacity.
On the earliest of timelines, the new facility would not be operational for three years. During these years it is guaranteed that the backlog of state inmates in county jails will increase. As the number of state inmates held in county jails increases, the ability of our misdemeanor justice system to function as necessary diminishes. While it is the most heinous of crimes that garner headlines, it is misdemeanors that most voters are impacted by in their day-to-day life. When consequences are absent, the criminal justice system loses authority. When the criminal justice system loses authority, it loses deterrence. The paramount duty of government is to provide for the security of all individuals.
Investing in the prison system includes adding more bed capacity, adding more staff and increasing wages, building evidence-based recidivism programs, and clamping down on contraband in prisons.
A History of Arkansas’ Prison System
In June 1969, Judge J. Smith Henley — a St. Joe and Searcy County native appointed to the federal judiciary by President Dwight D. Eisenhower — declared certain aspects of the Arkansas prison system unconstitutional in Holt v. Sarver I. The ruling was a first-of-its-kind judgment that found overcrowded, unsafe, and unsanitary conditions to combine to be violative of the 8th Amendment prohibition against cruel and unusual punishment.
“Without undertaking to state with specificity the exact point at which one of the isolation cells becomes ‘overcrowded’ rather than simply ‘crowded,’ . . . the Court finds that the
Taylor Handford Legal Counsel
AAC RESEARCH CORNER
PRISONS
cells have been chronically overcrowded, and that overcrowding to a greater or lesser extent will unavoidably continue until such time as more isolation cells are available,” Judge Henley opined.
He made it clear that the inmates in the cells were not “put there unnecessarily, unjustly, arbitrarily, or discriminatorily” and that “if confinement [in isolation cells] is to serve any useful purpose, it must be rigorous, uncomfortable, and unpleasant.”
However, Judge Henley also stated that the conditions in the Arkansas prison system exceeded the limits of that rigor and discomfort, finding that conditions that are “mentally and emotionally traumatic as well as physically uncomfortable” to the point of being degrading and offending modern sensibilities, and amounting to cruel and unusual punishment. He noted the planned creation of a new prison facility would inevitably help alleviate the unconstitutional conditions in the state prison system.
In February 1970 in Holt v. Sarver II, Judge Henley ruled the entirety of the Arkansas prison system to be unconstitutional — the first time in American history an entire prison system was determined to be unconstitutional. The trusty system, barracks system, inmate safety concerns, and overcrowded isolation cells coalesced to create a prison system that violated the 8th Amendment’s prohibition against cruel and unusual punishment. In other words, being sentenced to incarceration in the Arkansas prison system was itself a cruel and unusual punishment. Judge Henley declared that in evaluating a prison system the parts cannot be separated from the whole.
Continued From Page 15 <<<
Citing these deficiencies, Judge Henley ordered improvements be made to reform the prisons and remove the unconstitutional conditions by the time the new maximum-security unit opened in 1971.
In 1982, Judge G. Thomas Eisele declared the Arkansas prison system to be constitutional after 13 years of diligent and hard work by state leaders, law enforcement officers, and administrators investing, improving, and implementing sound policies to better the conditions of Arkansas prisons. The most significant change that allowed the prison system to transform was the campaign of building infrastructure and bed capacity. Between 1974 and 1981, six ADC facilities were built.
In February 1970, in Holt v. Sarver II, Judge Henley ruled the entirety of the Arkansas prison system to be unconstitutional — the first time in American history an entire prison system was determined to be unconstitutional.
In his orders releasing the state from judicial oversight, Judge Eisele wrote, “The evidence presented in the August 1981 hearing shows both ... that the populations of the Department of Correction are likely to increase greatly over the next few years and that plans are underway to meet the greater burdens placed on the Department by the increased population. To judge the plans as compared to the projected population increases at this time would be premature and based upon speculation.”
“All of those things exist in combination; each affects the other; and taken together they have a cumulative impact on the inmates regardless of their status,” he stated
Another consideration in declaring the prison system unconstitutional was the lack of rehabilitation services. Judge Henley determined that not having a rehabilitation program was itself not unconstitutional; however, having no rehabilitation program in a system that “actually militate[s] against reform and rehabilitation” has “constitutional significance.” Additionally, he stated that the Arkansas prison system is one where “few individuals come out of it better men for their experience; most come out as bad as they went in, or worse.”
The 1983 Legislature, seemingly responding to the previous 13 years of court oversight and court concerns regarding overcrowding, passed the original Emergency Powers Act (EPA). The first version included a stipulation that state prisons were at capacity when they reached 95 percent capacity. While the court rulings in the Holt cases sparked unprecedented investment and infrastructure development, the origins and decades of noninvestment and deprivation of the state prison system meant that even more capacity would be needed.
From 1983 to 2003, Arkansas established 11 prisons, capped with the opening of the Ouachita River Correctional Unit, adding 948 medium-security beds to the state system. The Ouachita River facility has become the diagnostic intake unit and second largest facility of the ADC. It also represents the last large-scale addition of bed capacity in Arkansas.
The same month the Ouachita River facility came online, the recently expanded EPA was used to alleviate overcrowding in county jails caused by holding state inmates. Act 1721 of 2003 expanded the EPA by including a triggering
mechanism that allowed the Board of Corrections to release inmates when the county backlog of state inmates reached 500. At the end of FY2004, the Arkansas state prison capacity was 11,640 (Stat Info Report 2004). The average county jail backup in 2004 was 545 males and 152 females. Fittingly, the last year that substantial investments were made in Arkansas’ prison capacity was also the first year that “county backlog” was statutorily defined.
The EPA was an important factor that kept the county jail backlog from boiling over into public consciousness. However, many dangerous individuals were released under the EPA. Since the expanded EPA was introduced in 2003, over 40,000 inmates were released early due to correctional facilities lacking capacity. The EPA ultimately became a tool that defanged and diminished Arkansas’s criminal justice system. With the passage of the Protect Arkansas Act, the EPA has largely been rendered moot, which is a benefit to all Arkansans. The fact remains that without the EPA, it is even more certain that the county jail backlog will increase. It is time to right-size the state prison system.
According to the 2022 ADC Annual Report, since the Ouachita River Correctional Unit was established in 2003, only two other ADC facilities have been established: the J.A. Hawkins Unit with 400 beds and the Pine Bluff Reentry Center with 54 beds. In that time, the county jail backlog has varied from 504 at the end of 2004 to an average of 2,396 in 2015 to over 2,200 in May 2024.
Arkansas’ Misdemeanor Justice System
Conceptually — How Misdemeanor Justice is Supposed to Work
The theory of misdemeanor justice provides that if a person faces consequences for minor crimes and intervention can occur, that person is less likely to reoffend, therefore preventing more severe crimes and more harm to society.
“Misdemeanor justice is supposed to be the first step of deterrence, to get people’s attention,” said Sebastian County Sheriff Hobe Runion.
The responsibility for maintaining the misdemeanor justice system overwhelmingly falls on local law enforcement and district courts. To best understand the current reality of county sheriffs, deputies, jail administrators, and district court judges, it is important to first understand how the misdemeanor justice system is meant to work.
Theoretically, a county deputy makes an arrest and the person is either detained until an adjudicatory hearing or is released, often through posting bond. When a defendant works with a bondsman, that bondsman has incentive to ensure the defendant appears for their court date.
“Bail bonding is an important part of the judicial system, without it sheriffs lose a tool to manage their jails,” according
to Arkansas Sheriffs’ Association Director Scott Bradley.
If a person is determined to be a threat to their family or to society then they are detained. A person that is arrested for domestic battery is more likely to be held than a person that is alleged to have committed a non-violent crime.
“The guy that writes the hot check isn’t as dangerous as the guy that batters his wife,” said Sheriff Runion.
When county jails are not overcrowded there is no doubt that dangerous individuals will be detained. The person will appear before a district court judge and the judge will dispense the punishment. Generally, district court judges have discretion as to the proper punishment for the misdemeanant. The judge can sentence the defendant to serve time in jail, pay fines, attend anger management classes or other programs as diversion from incarceration, or a combination of these. After sentencing, if the misdemeanant is given jail time, the person will be held for their sentence in a county jail.
The threat that supports judicial sanctions is the possibility of serving time in jail. Incarceration serves as a deterrent to further anti-social behavior or as encouragement to abide by court orders. While the crimes committed by the defendants vary greatly, the district court judge has options for sanctions. This is how the misdemeanor justice system has been conceived and is supposed to function. Conceptually, it is assumed that county jails are not overcrowded, that the state prison system has adequate bed space and staffing to operate all available beds, and that judicial authority is respected.
One of the pillars of deterrence is the certainty of punishment. If a person knows a behavior is going to be punished, it is more likely they will not participate in that behavior. If a person knows a behavior will not be punished, the deterrent value of punishment is lost, which means the authority of the legal system is called a bluff. This type of behavior is directly facilitated by the overcrowding of county jails with state inmates.
In Reality – How Misdemeanor Justice is Working
In reality, only the most dangerous individuals will be detained in overcrowded county jails. Sheriff Runion recalled arresting an individual for driving under the influence, for the third time, several years ago.
“The third time he got a year in jail. Now, it would be a stretch to get 20 days,” he said.
Sheriffs across Arkansas must prioritize which offenders to hold while district court judges across Arkansas are being faced with repeat criminal behavior without the capability to detain many offenders. In Washington County the jail operates around 130 percent capacity, leaving Sheriff Jay Cantrell
AAC RESEARCH CORNER
PRISONS
and jail administrators with difficult decisions.
“We can only house a pre-trial domestic battery charge for a few hours and hopefully the victim is safe,” Sheriff Cantrell said.
The constant efforts and sacrifices made by sheriffs, deputies, and jail administrators have kept the county jail backlog issue largely a non-story with the general public. This is good from the point of view that it means these officers have done an impossible job to an improbable degree of excellence, doing their best to keep detainees, staff, and their communities safe. These efforts have saved lives, without a doubt.
Another prime yet largely undiscussed example of how the misdemeanor justice system has been hampered due to lack of prison capacity is the number of unserved warrants in Arkansas. As of May 2024, there were over 130,000 unserved warrants in the state. Of those 130,000 warrants, 22,200 were for felonies. There were over 43,300 warrants for failure to appear (FTA). There were almost 5,000 warrants for multiple FTAs, a clear indication that individuals have decided to spurn their responsibility and accountability to society. The decline of defendants posting bond and the increase of FTAs is not surprising to Director Bradley.
“Bondsmen have to get people to court. Bail bond is insurance for defendants to come to court and bondsmen help provide that assurance,” he said.
Currently, it has become routine for defendants to be cited for a misdemeanor and told to appear in court on a specific date only for the defendant to not show.
“Oftentimes individuals receive a citation to appear instead of being arrested and it becomes common knowledge that you won’t be arrested,” said Sheriff Runion.
This is a common refrain amongst law enforcement officials.
“Offenders know that district court judges don’t have jail as a sanction and that is particularly true with failures to appear,” said Sheriff Cantrell.
Sheriff Runion echoed these sentiments.
“When we can’t hold people like we should, it creates an extreme lack of respect for the system because it doesn’t have teeth,” he said.
A person could be forgiven if they don’t believe the gap between the criminal justice system in theory and how it really operates is as large as illustrated. Arkansans have experienced a gap between theory and reality before when confronted by these issues, as highlighted by Judge Henley: “Theoretically, each long line is under the supervision of a free world employee known as a field warden. Actually, the rankers are under the immediate and direct supervision of trusties known as ‘long line riders’ and inmate ‘pushers.’”
Whereas the free world society believed state inmates were under the protection and guard of professional corrections officers, in reality armed inmates were guarding other inmates.
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It is this system, this deficit between theory and reality that led to decades of litigation questioning the constitutionality of Arkansas’ correctional facilities.
Duties and Roles of County Law Enforcement
Sheriffs and county law enforcement officers have many duties and obligations. The major duties of sheriffs are broken into three categories: chief enforcement officer of the courts, conservator of the peace in the county, and custodian of the county jail. These duties, each with their own tasks and roles, facilitate the primary objective of sheriffs and county law enforcement, which is to protect the communities they serve. This objective is labor and resource intensive, requiring officers to respond to emergency calls, serve warrants, make arrests, transport prisoners, and detain individuals in county jails. Through these duties and roles, county sheriffs and deputies facilitate the misdemeanor justice system.
Another important service that county law enforcement and jails provide is temporarily holding certain categories of individuals on behalf of the state. The specific circumstances in which state inmates are held in county jails are: holding state inmates for legal proceedings (A.C.A. 12-29-111), holding individuals with pending felony charges (pre-adjudicated felons), and holding post-adjudicated felons waiting for placement in a state facility. There is not any circumstance in which a state inmate is to be held for an indefinite amount of time in a county jail. This secondary role, however, can and has hindered the ability of county law enforcement to facilitate misdemeanor justice. Further, the overcrowding in county jails is a direct impediment to the objective and duties of sheriffs and deputies.
In order to alleviate the backlog of state inmates in county jails and the consequent repercussions, immediate, intermediate, and long-term solutions must be considered. It is imperative that misdemeanor justice be restored and that actions to restore it are taken before the completion of a new prison.
Three Phases for Building a Safer Arkansas Immediate
The immediate phase of building a Safer Arkansas has been essentially accomplished through the reopening of traditional beds and the refitting and creation of non-traditional beds at ADC and Division of Correction (DOC) facilities. It is important to recognize the efforts to reopen traditional beds and create non-traditional beds. The innovation and insistence to add 1,000 beds to existing capacity at state facilities is worthy of praise. These kinds of measures are the most immediate step to take in alleviating county jail overcrowding and have the quickest impact. The variability of opening beds and the immediacy with which it can be accomplished
means that this is a perpetual option and one that should be weighed with regularity, taking capacity, staffing, and safety concerns into account.
The U.S. Supreme Court case of Brown v. Plata is informative and instructional in this regard. The Court found that California was operating correctional facilities at double the design capacity. The design capacity of the California prison system was around 80,000 while the actual population was 156,000. The Court noted that California’s system “operated at around 200 percent of design capacity for at least 11 years.” Through court order, California was mandated to reduce the prison population to 137.5 percent of design capacity.
Ostensibly, it seems that the Court set 137.5 percent design capacity as a constitutional limit, however, the Court noted, “There is no requirement that every facility comply with the 137.5 percent limit. Assuming no constitutional violation results, some facilities may retain populations in excess of the limit provided other facilities fall sufficiently below it so the system as a whole remains in compliance with the order.”
ThisThe practical impact the Court encouraged prison leaders and wardens to undertake was to innovate and communicate amongst themselves, to rotate inmates and employees from understaffed, overcrowded facilities to facilities with sufficient space and staffing.
AAC RESEARCH CORNER
ity. According to the ADC FY2022 Statistical Report, the ADC operated on average at 98 percent capacity. Many other states operate at higher than 98 percent capacity while maintaining constitutional systems. According to the Bureau of Justice Statistics, Iowa operates at 109.5 percent of capacity; Montana at 138.4 percent; Nebraska at 114.7 percent; and Oklahoma at 105.7 percent. In short, allow the state prison system, its leaders, and operators to run the prison system at a higher capacity and alleviate the burden on county jails, sheriffs, deputies, and jailors.
Intermediate
is a call to operate the prison system within the constitutional limits and capacities as guided by the courts, take into consideration the consquences of strict adherence to arbitrary capacity numbers ... and invest in capacity.
Arkansas’ state prison system has likely never operated at this level of capacity, even during the years it was ruled unconstitutional. At face value, the objections to running a prison system over capacity make sense. With data and context, however, the sensibility of the objections withers. Running a prison system at 95 percent, 98 percent, or 101 percent capacity while the number of state inmates continues to increase in county jails is not indicative of a commonsense, safety-oriented approach to operations. It is indicative of shifting costs and risks to such a degree as to reduce the effectiveness of county jails, district courts, and the misdemeanor justice system.
This is not a call to operate the Arkansas prison system at 137.5 percent capacity. This is a call to operate the prison system within the constitutional limits and capacities as guided by the courts, take into consideration the consequences of strict adherence to arbitrary capacity numbers as illustrated by the EPA thresholds, and invest in capac-
The most effective intermediate proposal to alleviate county jails, to allow the misdemeanor justice system to function again, is to utilize out-of-state correctional facilities. In consideration with the substantial justice and safety costs created by Arkansas’ underutilized and undeveloped capacity, there are also financial costs. The cost of housing an inmate in an Arkansas state prison at the end of 2022 was $66.37 a day (ADC Annual Report 2022). The reimbursement for the state to house a state inmate in a county jail is $40 a day. These numbers cannot be ignored or discounted when considering out-of-state contract beds for temporarily housing state inmates while capacity is added. Interest from the $330 million set-aside appropriated in 2023 could also be used to fund this expenditure.
CoreCivic has available beds and facilities in nearby states such as Oklahoma, Mississippi, Tennessee, and Texas. The price of renting beds depends on several factors, mainly what level of security and whether the beds are for medical treatment. Oklahoma has maintained inmates at CoreCivic facilities for a range of $55 to $68 per day per bed. GEO Group has available beds and facilities in Oklahoma, Texas, Georgia, and Florida. Like CoreCivic, GEO Group costs range depending on kinds of beds, facilities, and services needed, but the typical cost per inmate per day is between $45 and $60 with more intensive requirements increasing the cost per day. While these might be difficult financial choices, the state of Arkansas is currently paying the aforementioned $66.37 a day per inmate in ADC facilities and $40 per day for county See “PRISONS” on Page 20 >>>
AAC RESEARCH CORNER
PRISONS
jail reimbursement. The interest on the $330 million setaside for the new prison and the already assumed costs of housing inmates significantly narrows the ultimate financial costs of such an option. The sooner our misdemeanor justice system functions again and the sooner state capacity is increased means the final human and financial cost will be less.
Long-Term
The 400-acre site for the Ouachita River Correctional Unit was selected in 2000. The facility was opened in August 2003, a period of roughly 1,000 days. Going back to 2003, the lowest the county jail backup has been is 317, the highest is 3,076. The low of 317 grew to a high of 3,076 in 427 days. The county jail backup has, on average since 2021, been just under 1,800 each month. In May 2024, the county jail backup reached 2,299. With the EPA now correctly gutted, one of the primary tools the Legislature crafted in response to Judge Eisele’s ruling has been removed from the table. From 1983 to 2003, Arkansas’ leaders have taken a two-prong approach to managing a constitutional prison system: invest in capacity and utilize the EPA.
There is no doubt that the EPA was conceived with the best of intentions, but the fact remains, the EPA itself became a mechanism to stop investing in state prison capacity. Due to the Protect Act, the best prong of the post-Holt approach remains: invest in correctional facilities and capabilities. The common-sense, long-term approach to investing in a safer, stronger Arkansas is to increase bed capacity, invest in correctional workers, and reduce the recidivism rate.
The best way to increase bed capacity is a new prison. The current capacity is clearly inadequate.
“One of the first things I noticed upon arriving as the Secretary is the lack of prison bed space,” said then-ADC Secretary Joe Profiri, now Special Advisor to the Governor, during his State of the Department presentation to the Arkansas Legislative Council on Nov. 17, 2023. As of June 2024, ADC capacity was 16,291. According to the April 2024 DOC Board Report, the ADC jurisdictional population is 18,820 and is increasing an average of 106 inmates per month. Gov. Sanders has made it clear that a 3,000-bed prison is the target. This ambitious plan would greatly benefit the state. Every additional state bed decreases the county jail backup and increases the capacity for the criminal justice system to work.
Nearly as important as increasing bed capacity is decreasing the staffing vacancy rate, especially for security-related positions. According to the ADC’s FY2022 Statistical Report Human Resource Information section, the vacancy rate for security positions was 36.1 percent. The report lists the budgeted number of security personnel as 3,539. A vacancy rate
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of 36.1 percent out of 3,539 positions means approximately 1,277 vacant security positions across 20 facilities for a system average of 64 vacant security positions per facility.
Using other staffing numbers from the 2022 Statistical Report, a similar but more dire picture emerges. During FY2022, ADC averaged 2,111 security employees, 1,428 security positions short of the budgeted 3,539. This is an average of 71 vacant security personnel per ADC facility. From FY2013 to FY2020 (the start of Covid) the vacancy rate for Correctional Officer I (CO-I) and Corporal positions averaged 15 percent. The vacancy rate for these positions has averaged 45 percent since Covid.
This is not a uniquely Arkansas problem; other states have confronted and addressed this as well. The average salary for a CO-I in Arkansas according to the ADC Salary Grids is $37,715, an hourly rate of $18.13 (based on a standard 40hour work week). The starting salary for an Oklahoma CO-I is $44,680, and in Utah a CO-I starts at $48,672. These breakdown to hourly rates of $21.48 and $23.40 — differences of $3.35 and $5.27, respectively.
After 12 months of service as a CO-I in Arkansas you are eligible for a promotion to Corporal with an average salary of $42,824 (ADC Salary Grids). This is a raise of $5,109. The same status change in Mississippi would average a raise of $14,527. Mississippi Corporals make $54,891, an hourly rate of $26.39 — $5.80 more an hour than Arkansas Corporals. There are many other tangibles and intangibles to attract and retain employees besides pay increases. But these other options should be considered alongside serious investment in DOC personnel. The most significant intangibles in workplaces are a sense of duty and of pride in your career as a peacekeeper. DOC leadership should continue to invest in the esprit de corps of the workforce. State officials should continue to provide the requisite leadership, guidance, and resources to improve the vacancy rate and staffing shortages.
The third long-term proposal is to tackle the recidivism rate. Each year the recidivism rate costs tens of millions of dollars to taxpayers through returning individuals to incarceration. A high recidivism rate also means more crime in the community. More crime means more victims.
The 2018 release cohort from ADC has a reincarceration rate of 45.4 percent. If this reincarceration rate is applied to the FY2022 ADC release number of 5,028, you can expect 2,282 individuals to return to ADC custody. The cost of holding one inmate per day at ADC is $66.37. For 2,282 individuals to return to ADC for one day costs taxpayers $151,503. For 2,282 individuals to return to ADC for a year costs taxpayers $55.2 million. Investing in bed capacity at ADC has the additional benefit of bringing more inmates under the care of mental health and medical professionals.
The upcoming years are an opportunity to address a recidivism number that is better than only three other states. Reducing the recidivism rate means reducing financial and societal costs to taxpayers.
Evidence-based programs should be developed and implemented, building on the earned release credits authorized by the Protect Act. More state capacity should be used to treat inmates in these evidence-based programs. The connection between drugs and criminality is witnessed daily by county law enforcement.
“The vast majority of what we have in jails and prisons is a drug nexus. There’s always a drug nexus,” said Sheriff Runion. Many inmates often express their regret regarding drugs but as Sheriff Runion says, “They don’t feel they have the support system.”
In addition to increasing the utilization and effectiveness of recidivism programs, continuing to crackdown on contraband and drug-use in DOC facilities should be a top priority. The smuggling of contraband into prisons facilitates criminal activity inside DOC facilities and outside in society.
An understood concept of rehabilitation during incarceration is that the time under state custody provides for the criminal to address their addiction. If drug use continues while in prison, then the nexus of drug use and crime, as referenced by Sheriff Runion, is never interrupted, yet alone broken. Former Secretary Profiri framed this idea in the same November address: Prison must meet the needs of the inmates so they are “the best version of themselves upon release from prison, which is what I call the opportunity of incarceration. To take the time that they have removed from society to invest in them, to try to make them the best version of themselves in hope they don’t reoffend and have opportunities they may not have had prior to incarceration.”
Conclusion
With the accomplishments of the 2023 session, there is momentum for Gov. Sanders to continue leading on crimi-
AAC RESEARCH CORNER
nal justice issues and executing her plan for a safer Arkansas. There is little doubt that the authors of the Protect Act — Rep. Jimmy Gazaway of Paragould and Sen. Ben Gilmore of Crossett — and other legislative leaders will take aim at more unprecedented bold reforms.
The 2023 legislative session began the process of remaking Arkansas’ criminal justice system. The Governor and Legislature have another opportunity in 2025 to continue their legacy of reforming and bettering the system. Building a safer, stronger Arkansas starts with allowing the misdemeanor justice system to function again. Every part of the system is related, every part is dependent on another part. For misdemeanor justice to function as necessary, county jails need to have capacity. For county jails to have capacity, the state prison system needs capacity and investment. Sen. Gilmore captured the importance of increased state capacity regarding the success of the Protect Act: “Without additional capacity, much of the Protect Act is wishful thinking.”
The immediate, intermediate, and long-term proposals above provide a roadmap to addressing systemic issues that impact the entirety of the criminal justice system.
Creating immediate beds is an ongoing and constant process. Taking advantage of available temporary beds while state capacity is built is crucial to Arkansas’ misdemeanor justice system. Long-term it is paramount that a new prison be constructed, allowing Arkansas’ criminal justice system to fully function, empowering law enforcement and judges to carry out their duties.
Before declaring the Arkansas prison system constitutional again, Judge Eisele took note of the progress and reform accomplished: “I attest to the vitality of our system of government that this prison system could be so transformed.”
The vitality of our system of government should not be in doubt and neither should the ability of state leaders and energetic, driven agency leadership to once again transform and better our correctional system.
Did an aspect of county government “make news” recently in your county? Did any of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail csmith@arcounties.org.
AAC SEEMS TO ME...
Lobbying — the art of persuasion
Lobbyists are not a bad thing, they are absolutely vital
Let’s hear it for the lobbyists on a job well done. Lobbyists are viewed similarly to lawyers. Everyone hates them, jokes about them and condemns them until the moment they need one. A lobbyist is an advocate. I thought that was a good thing in most instances.
Developing ongoing relationships with your state elected officials — especially your state representative and state senator — is an essential part of being an effective advocate for county government because in policymaking, it’s not who you know, but who knows you. So, while you should be able to recognize your legislators and address them by name, to have an impact, they should be able to do the same.
The 2025 regular session of the Arkansas Legislature starts in January. I hope you have already established a good working relationship with your legislators. If you haven’t, start now.
To lawmakers, what “the folks back home” think about legislative issues is often far more important than positions taken by groups like the Association of Arkansas Counties (AAC), even though our position is the position taken by our members — the elected county officials from around the state. The AAC staff talks with your legislators about bills of interest to our membership, and we advance AAC positions in committee meetings. We provide information as requested and help lawmakers prepare information for debate. We are the facilitators; you as county officials are the key lobbyists in the legislative process. We may be the “registered lobbyists,” but the truth of the matter is you are the real lobbyists.
A priest and a lobbyist arrive at the gates of heaven. They’re greeted by Saint Peter and given room assignments. The priest gets a tiny 10’ x 10’ cell; the lobbyist gets the penthouse suite.
“That’s unfair,” grouses the priest. “Do you know all the good I’ve done on earth?” Saint Peter smiles soothingly and explains: “Priests and rabbis are a dime a dozen up here, padre. This is the first lobbyist we’ve ever seen.”
I know. Lobbyists get little respect — only slightly more than repo men. But in fairness to the craft — and this isn’t meant to be facetious — Little Rock wouldn’t be Little Rock and Washington, D.C. would not be Washington, D.C. without that steady stream of blue-suited, favor-peddling public affairs professionals pounding the hallways and the backs of elected officials. Governments would grind to a halt. Without lobbyists, legislators would have to read bills. Frankly, few, if any, have time to read every single bill. Jokes aside, it’s no exaggeration to call lobbyists the oil in the engine of government.
To lobby is simply “to try to influence public officials on behalf of or against proposed legislation.” As one story goes, the term “lobbying” originated during the early 19th century, when influence peddlers commonly milled around the lob-
bies of local government offices, statehouses, or the U.S. capitol waiting to buttonhole a particular politician. It is noble for county officials to provide facts, documentation and expert information to legislators for or against legislation that affects county government. It is the responsibility of county officials to do so.
Eddie A. Jones County Consultant
The U.S. Supreme Court has recognized that government will necessarily commit itself to certain positions in the course of fulfilling its function. The Supreme Court has analyzed this issue as follows: “Government officials are expected as a part of the democratic process to represent and to espouse the views of a majority of their constituents. With countless advocates outside of the government seeking to influence its policy, it would be ironic if those charged with making governmental decisions were not free to speak themselves in the process.”
As a county constitutional officer you may speak on behalf of or against proposed legislation as protected “government speech” — and you should do so. Former President John F. Kennedy described the work of lobbyists in a positive light, saying they are “expert technicians capable of examining complex and difficult subjects in clear, understandable fashion, and they serve a useful purpose.”
Most legislators are not experts in the field of county government. Proposed legislation covers many and diverse fields, and legislators simply cannot have expertise in everything. They need to hear from experts in county government operations to make informed decisions on bills that affect county government.
Here are a few tips when communicating with your legislators — starting with the most important.
• Get to Know Your Legislators: Every time you see a legislator, introduce yourself and tell him or her you live in his or her district. Do this until they recognize you and greet you by name. It is important to become well acquainted with your legislators before you need something from them. Establish a rapport with your representatives and senators so they will be more accepting of your message when the time comes for requesting a vote for or against an important issue. Find common ground and build a relationship based on shared interests. Several years ago, when I was director of AAC, there was one senator that would not give me the time of day. He simply wouldn’t listen to me. He was rude, and I had never done anything to offend this man, as far as I know. I concentrated on
developing a way to gain some type of rapport with him. I finally remembered that a good banker friend of mine had moved to his part of the state years before. One day as I approached this senator about an issue, I mentioned the name of my good friend and asked if he was acquainted with him. As it turns out, they were acquainted and had become good friends. That was the connection I needed. From that day forward during his service as senator our relationship was much improved.
• Provide Facts with Documentation When Possible: One of the first things a lawmaker wants to know is how a bill will impact his or her county. When AAC sends out a message to “contact your legislator,” your email, phone conversation, text or face-to-face meeting will always be stronger if you can illustrate the message with specific facts regarding how the legislation will impact your county.
• Be Persistent but Brief and Succinct: Tell your legislators what you want as often as necessary — but succinctly. Don’t assume they know what your issues and needs are. Remember legislators are inundated with information from multiple sources. More is not necessarily better. A lengthy letter or email may get placed in a pile with good intentions to read later, but never to be seen again. Then your opportunity to make your point is lost. And anytime you can make your point with a story, do it. A story is the best way to sell an idea. People connect with a good short story.
• Timing of Your Message is Important: The life of legislation is driven by deadlines in the process. When AAC sends out requests to contact legislators about a bill, a quick response is essential. The best response means nothing if it is too late. It is a good idea to determine whether your legislators prefer phone calls, email or text. Most prefer a text.
• Maintain Respect, Even When Being Firm: Often our positions on issues seem so logical, how could anyone else differ from our opinion, right? Lawmakers are pulled in many directions by other lobbying interests so sometimes their vote may not reflect what we want. You can hold them accountable for a vote, but you don’t want to “burn a bridge” today when you will want their vote on other legislation down the road.
• Thank Your Legislators: Don’t miss a chance to thank your senators and representatives for their help. It is important that legislators understand that we are appreciative of their efforts to address county issues, even when we don’t get everything we want. They often have a thankless task, and their job can be frustrating. So, a sincere “thank you” can go a long way.
• Stick Together: Once a decision has been made by your association, you should personally stand by that decision. At the very least you should not actively work
against your association. To do otherwise ruins your association’s credibility and, ultimately, your own individual credibility. “Credibility” is what your association has instead of legal tender. We don’t pass out dollars like some lobby groups.
If we are to be understood as we wish to be understood, we need to understand the recipients of our messaging. George Bernard Shaw said, “The single biggest problem with communications is the illusion that it has taken place.” Be sure you and your legislator are “speaking the same language” so that what you intend to communicate is what is being communicated.
So, yes, I get it. What do you call 100 lobbyists at the bottom of the ocean? A good start. That’s funny and a relatively good depiction of how most people view lobbyists and the work they do. But today, maybe just today, you can give a nod to lobbyists for getting a good job done. You should since you are one by virtue of your office.
There are some basic rules that you should never violate.
• Never Lie: Be scrupulous about facts. Your credibility is gone as soon as you say something an official knows is not true. If you make an error, correct it as soon as possible. During a legislative session everyone operates on the honor system. Be up front, never lie or omit facts that would tend to mislead a legislator. These seem like simple rules of life, however, if you lobby long enough the day will come when you will be tempted, if not to tell an outright lie, to commit the sin of omission. Don’t do it. Your credibility and effectiveness will be zero. Honesty is the coin of the realm.
• Never Make a Threat: You should hold officials accountable for their actions, but it won’t help your cause to threaten them in any way.
• Don’t Make it Personal or Take It Personally: Always be professional. It’s OK to be passionate, just don’t shout or get hysterical. And yes, I’ve seen that happen. Don’t let the politics of the session get to you. Oftentimes it’s like the bad guys say in the movies, “it’s just business, nothing personal.” Your worst enemy today may be your best friend tomorrow. This doesn’t mean you have to compromise your principles, but beware of burning bridges in legislative work.
What you are trying to accomplish should be at the forefront of your mind at all times. There are many opportunities for you to work with your legislators throughout the legislative process. Remember point No. 1 — get to know your legislators and find common ground. When the 2025 legislative session starts, don’t be in the situation Mark Twain referenced in one of his quips, “If you are looking for friends when you need them … it’s too late.” Know your legislators and speak the same language — it’s a powerful communicator.
Lobbying is the art of persuasion. Please take this information to heart, remember it, and use it.
AAC LEGAL CORNER
U.S. Supreme Court issues important rulings on cases regarding free speech
In its October 2023 session, the U.S. Supreme Court took up three cases regarding the limitations around government action and the First Amendment right to free speech. Two cases dealt with local government officials’ use of their social media accounts. As the Court attempted to clarify when and how government officials can block users or delete comments from their accounts, one suggestion was made very clearly: keep your private and your government social media accounts separate. The cases were heard, as they often are, after somewhat of a split between the Sixth and Ninth Circuit Courts of Appeal on when local officials are using social media for personal purposes versus in their governmental capacity, invoking First Amendment protections of citizens engaging with the accounts.
O’Connor-Ratcliff v. Garnier was appealed from the Ninth Circuit, which ruled that two school board members violated the First Amendment when they blocked disgruntled parents from their personal social media accounts. The Court reasoned that because they also used these accounts to keep the public informed about activities of the board, there was “a close nexus” between the school board members’ “use of their social media pages and their official positions.”
Lindke v. Freed was appealed from the Sixth Circuit, which ruled that no First Amendment violation occurred. The Court found that the city manager was not acting in his official governmental capacity when he blocked a local resident from his personal social media page, because he maintained the page in his personal, rather than his official capacity.
The U.S. Supreme Court unanimously ruled on Lindke in March and agreed with the Sixth Circuit. In the ruling, the Court set forth a new two-part test to determine if an elected official’s social media page is subject to First Amendment scrutiny. First, the local official must have the authority to speak on behalf of the government, and second, the official must be using that power when they created the post that is the issue at hand. Where a social media page has mixed posts, both personal and government speech, a “fact-specific undertaking in which the post’s content and function are the most important considerations” must be factors in making a determination.
The Court went on to point out that it is easier for the official to defend their position when they are deleting specific comments from their purely personal posts as opposed to blocking people from the page entirely when there are both personal and government speech on the page. The Court cautioned that a “public official who fails to keep personal posts in a clearly designated personal account therefore exposes himself to greater potential liability.”
LINDSEY FRENCH General Counsel
The same day, the Court remanded O’Connor-Ratcliff back to the Ninth Circuit for it to rehear the case under the new Lindke two-part test. The major takeaway from these cases for local officials is to keep your personal social media accounts and your government social media accounts separate and refrain from intermingling the two. In other words, do not put official business on your personal page, and vice versa.
The Court ruled in May on another case involving the government’s influence affecting First Amendment rights in National Rifle Association of America v. Vullo. The case stems from Maria Vullo’s, the former New York Department of Financial Services head, 2017 investigation into NRA-endorsed insurance programs that provided coverage for injuries caused by firearms. After a determination that some of the programs violated New York law, some of the insurance companies agreed to pay up to $7 million in fines and to halt these programs in New York.
In 2018, a shooter killed 17 students and staff at a high school in Parkland, Florida, a highly publicized tragedy that flamed the debate over gun control in America. Afterwards, Vullo issued guidance letters to financial and insurance institutions urging them to discontinue business with firearmpromoting organizations. After some institutions did sever ties with the NRA, the NRA sued Vullo, alleging she had violated their First Amendment right to free speech by urging businesses to cut ties with them over their political activity.
The lower court allowed the lawsuit to proceed, but was overturned by the Second Circuit Court of Appeals. The Second Circuit found that Vullo’s actions did not violate the NRA’s rights to free speech, and that Vullo was protected by immunity. The U.S. Supreme Court unanimously reversed the Second Circuit’s decision and ruled that the NRA should be allowed to pursue its claim that Vullo threatened enforcement action against businesses that were affiliated with the NRA to punish the organization for its pro-firearm political advocacy.
The Court of Appeals will have to determine whether Vullo’s conduct amounted to coercion and whether her conduct was a suppression of the NRA’s right to free speech. It also will have the opportunity to evaluate Vullo’s immunity claims. This will be an important case in framing to what extent the government can urge a viewpoint onto constituents before it is considered coercion and a violation of the First Amendment.
AAC GOVERNMENTAL AFFAIRS
Ballot issues: What are you voting on?
Article 5 Section 1 of the Arkansas Constitution provides the General Assembly the opportunity to propose up to three constitutional amendments for the voters of Arkansas to decide. These resolutions are vetted in the Joint House and Senate State Agencies Committee. The Senate filed 20 senate joint resolutions (SJR), and the House filed 13 house joint resolutions (HJR) during the 94th 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 only one, HJR1006. Following the passage of both chambers this resolution is now on the ballot for the 2024 general election and will be identified on the ballot as Issue 1.
Issue 1, popular name: A Constitutional Amendment to Provide that Lottery Proceeds May Be Used to Fund or Provide Scholarships and Grants to Arkansas Citizens Enrolled in Vocational-Technical Schools and Technical Institutes.
HJR1006 passed the Arkansas House of Representatives 97-0 and the Senate 30-0 with the help of its two main sponsors, Rep. Robin Lundstrum of Elm Springs and Sen. Jane English of North Little Rock. This proposal asks voters to amend article 19 section 14 of the Arkansas constitution. This section was last amended in 2008 by the voters, and it brought a scholarship lottery to Arkansas. Amendment 87 stated the funds from the lottery would be used for scholarships and grants to citizens of this state enrolled in public and private non-profit two-year and four-year colleges and universities located in Arkansas. Arkansas legislators are asking voters to expand the types of educational institutions that qualify for state lottery scholarships. Issue 1 would allow students to use lottery scholarships at private and public vocational-technical schools and technical institutes. The legislature will establish criteria to determine who is eligible to receive the scholarships and grants under this proposal. Issue 1 has no organized opposition.
Article 5, Section 1 of the Arkansas Constitution provides a process by which voters may propose statewide or local legislative measures or acts and statewide amendments to the constitution. Arkansas is one of 15 states in which citizens can propose constitutional amendments and state laws and veto referendums on the ballot for voters to decide.
Issue 2, popular name: An amendment requiring local voter approval in a countywide special election for certain new casino licenses and repealing authority to issue a casino license in Pope County, Arkansas.
Voters passed Amendment 100 in 2018, allowing for four
Josh Curtis Governmental Affairs Director
casinos in the state. Two were already operating “games of skill” — Oaklawn and Southland. The other two were to be built in Jefferson and Pope counties. The Saracen Casino is fully operational in Jefferson County, but the casino in Pope County has faced multiple hurdles. Issue 2, if passed, would nullify the Pope County casino license issued by the Arkansas Racing Commission. It would also require future casinos to first be approved by a majority of voters in a special election in counties where the casinos would be located along with another statewide constitutional amendment election. A group called Local Voters in Charge collected at least 90,704 signatures from Arkansas voters, with a certain percentage coming from at least 50 counties. A lawsuit has been filed by the current license holder in Pope County, the Cherokee Nation, challenging this amendment. We do know this amendment will appear on the ballot but do not know at this time if the votes will be counted.
Issue 3, popular name: The Arkansas Medical Marijuana Amendment of 2024
A group called Arkansans for Patient Access did not initially turn in enough signatures to put this on the ballot, but it met the required amount to receive additional time, called the “cure period,” to gather more signatures. The group has said publicly it has collected enough signatures during the cure period for Issue 3 to be placed on the ballot. This constitutional amendment would amend the Arkansas Medical Marijuana Amendment of 2016. If approved by voters, it will increase access to Arkansans for medical marijuana. Three groups have organized to oppose this amendment — Stronger Arkansas, Family Council Action Committee of 2024, and Protect Arkansas Kids. More details will be forthcoming if this amendment is officially certified for the 2024 ballot.
I would refer our readers to the website of the Public Policy Center at the University of Arkansas System Division of Agriculture, https://www.uaex.uada.edu/business-communities/ voter-education/state-ballot-issues.aspx, to find out more about Arkansas ballot issues. It breaks down each ballot issue in its entirety, gives an unbiased opinion on what each issue would do if enacted by the voters. It also provides the views of the supporters and the opponents for readers to examine. This is an excellent resource for all the voters across the state.
AAC RISK MANAGEMENT SERVICES
EEOC charges of discrimination: what are they, what do you do, and how to set yourself up for success
Most, if not all, elected officials have heard the acronym “EEOC.” If you have not, you may ask, what is the EEOC? The EEOC is the U.S. Equal Employment Opportunity Commission, which is the federal agency that is responsible for enforcing the federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Current and former employees, and applicants, who believe an employer has discriminated against them for an unlawful reason may file a Charge of Discrimination with the EEOC for an investigation. A Charge of Discrimination is an allegation that you, as the employer, have discriminated against an employee. A Charge typically provides the employee’s basic contact information and contains a summary of the discrimination they allege to have suffered. Some of the most common claims of discrimination I see are disability discrimination, failure to accommodate a disability, failure to engage in the interactive process under the Americans with Disabilities Act (ADA), race discrimination, sex/pregnancy discrimination, and retaliation.
What should you do if you receive notice that a Charge of Discrimination has been filed against you? You should contact me, or JaNan Thomas, immediately. This will allow us to determine the deadline to respond, which is set by the EEOC, and allow us to begin our own investigation process.
This process includes sending you a request to provide copies of your county’s personnel policy, your department’s executive policy, the employee’s complete personnel file, witness statements, and any video, audio, or photos you have related to the claim. Why is collecting this information important? We use this information, and other information that may be requested, to draft and submit a response, also known as a Position Statement, on your behalf.
There is no way to stop a Charge of Discrimination from being filed, and often testimony alone is not enough to support the fact that the allegations contained in the Charge are false. Therefore, the only way to set yourself up for success prior to an employee filing a Charge of Discrimination against you is with documentation.
Documentation can take many different forms and does not always have to be a formal memorandum. Examples of
Mallory Floyd RMS Employment Counsel
other ways to document employee misconduct include text messages between an employee and his or her supervisor, a follow-up email summarizing a conversation with you and your employee or a verbal warning, a note placed in the employee’s file about a performance, attendance, or other discussion with the employee, notes from training and/ or counseling sessions with an employee, written warnings, and memos or emails to the entire office staff. Timesheets, if accurately kept, can also serve as documentation to prove a pattern of excessive absenteeism and tardiness. It is important to note why an employee was absent or late to work and that their timesheet accurately reflect the time they missed.
Regardless of the type, good documentation is the key to succeeding in the EEOC’s investigation into a Charge of Discrimination. What makes documentation “good?” Well, the documentation, no matter the type, should capture the employee’s misconduct with sufficient detail. This includes more than just the date of the event. Other questions documentation should be able to answer are, “What did the employee do wrong? Was anyone else involved? Has the employee previously been coached or trained in this area? If so, when? What is the expectation going forward?” These are just some of the questions that should be answered by the documentation that you put in an employee’s file.
One area where I have seen a lack of documentation for employees is for medical leave and accommodation(s) provided for an employee. All elected officials should maintain thorough documentation of an employee’s leave under the Family Medical Leave Act (FMLA), leave under the Americans with Disabilities Act (ADA), and any reasonable accommodations provided to the employee under the ADA or the new Pregnant Workers Fairness Act (PWFA). Copies of FMLA forms, communications with your employee’s healthcare provider as a part of the ADA or PWFA interactive process, doctor’s notes detailing work restrictions, communication between you and your employee about how you are accommodating his or her disability, and information about when accommodations started and when they will end can all be crucial pieces of documentation for me to attach as exhibits to the Position Statement.
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AAC LITIGATION LESSONS
County advocacy in the judicial branch
United States Surgeon General Dr. Vivek Murthy recently announced a campaign in favor of warning labels on social media platforms to advise parents that using the platforms might damage adolescents’ mental health. The Surgeon General casts the effects of social media on children and teenagers as a public health risk that contributes to the mental health crisis among young people in America. As a parent (and like most parents these days), the mental health of children and adolescents concerns me a great deal, and I follow these issues closely. As a lawyer for Arkansas counties — a lawyer who works in the judicial branch of government, from county court to supreme court — I also follow these issues closely.
In late 2016, the same U.S. Surgeon General issued a landmark report entitled Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs, and Health. By March 2018, Arkansas counties joined forces with Arkansas cities and filed the only case in America that united the local governments of a state against the entire opioid manufacturing and distribution industries. As an AAC litigation attorney, it has been my great honor to represent Arkansas counties in that historic litigation. You know the rest of the story — we’ve secured the Arkansas Opioids MOU and several settlements with opioid companies, we’ve established the Arkansas Opioids Qualified Settlement Fund (QSF), we’ve created the Arkansas Opioid Recovery Partnership (ARORP), and we’ve begun bringing the cavalry to help our communities, families, and addicts end the opioid epidemic in Arkansas.
As an AAC litigation attorney, part of my job is to investigate and analyze any lawsuit or potential lawsuit that might have a significant impact on county government in Arkansas. Sometimes there are important cases where counties are or should be plaintiffs (as with opioid litigation) — and sometimes there are important cases in which counties are or might be defendants. For example, I have written before about the Kimbrough case, in which I represented all 75 counties in defense against a statewide class action/illegal exaction lawsuit (according to the plaintiffs) that would significantly impact property tax collections across the state. I’m pleased to report the counties prevailed recently at the Arkansas Supreme Court by a vote of 4-3, though the decision was limited to the issue of subject matter jurisdiction, and the plaintiffs have re-started the litigation in county court, as instructed by the Supreme Court. I will continue to represent the county defendants in the ongoing Kimbrough litigation.
I’m also currently representing a single county in a case that appears at first glance to be a routine civil property tax appeal. But the taxpayer/owner has similar properties around the state, and both the taxpayer and the broader industry are making similar arguments around the state and around the
Colin Jorgensen Litigation Counsel
country, in an effort to effectively cut their property assessments in half — and thereby cut their property taxes in half. Although the case is technically about only a single property assessment, the case presents a significant risk of a substantial reduction in property tax collections for an entire class of property, which would be felt by schools and local governments that rely on uniform and fair collection of property tax revenue as set forth in the Arkansas Constitution. Because of those implications, we are representing a single county in a single tax-appeal case, but we are really advocating on behalf of all counties and their shared interests.
As an AAC litigation attorney, another significant part of my job is to monitor and evaluate significant cases that are underway and consider whether AAC should prepare and file amicus curiae briefs in appeals of significance for counties. An amicus curiae brief, sometimes called a “friend of the court” brief, is a legal brief submitted to a court by an individual or organization that is not a party to the case but has a strong interest in the outcome of the case. I have written before about the counties’ amicus brief filed at the U.S. Supreme Court in the Purdue Pharma bankruptcy case. But most of the AAC’s amicus work occurs in the state appellate court system, because most issues that impact counties are governed by state law.
The AAC has filed amicus briefs in two different cases in 2024. In January, we filed an amicus brief joined by the Arkansas Municipal League in an Arkansas Supreme Court case about whether online travel companies (hotels.com, Travelocity, etc.) are subject to the gross receipts tax and tourism tax under Arkansas law. As amicus curiae, AAC supported the counties’ position that the online travel companies are subject to those taxes just like brick-and-mortar Arkansas hotels are subject to those taxes. In May, we filed an amicus brief in a case at the Arkansas Court of Appeals about whether AT&T has properly charged counties for 911 fees on their landline telephone bills. As amicus curiae, AAC supports the counties’ position that AT&T should not charge counties for 911 fees, which fund the 911 system operated by counties.
As an AAC litigation attorney, I am always ready to take a close look at any issue of significance to counties, especially if it will or might be resolved in the judicial branch. But it is not my decision whether to formally represent a county or counties in any given case. AAC is appropriately selective about when and where to offer formal representation of a
county or counties in court cases. In each case, AAC extends the offer only with the advance approval of the AAC executive director and the AAC board of directors.
Please know that if the AAC extends an offer of legal representation in these types of cases to you and/or your county in a significant case, the case will not qualify for liability/ defense coverage under the county’s AAC Risk Management Fund liability policies. This means that if the county is a defendant (or potential defendant), we are offering to defend your county and your county officials in the case as a benefit of your AAC membership, free of charge, but we will not pay any judgment entered against any defendants. If the county is a plaintiff or potential plaintiff in the matter, as with opioid litigation, we might offer to prosecute the county’s claim(s) in
EEOC
In addition to documenting events involving your employees, you should also maintain documentation related to applicants as well. Since they are also protected under federal law, they also can file a Charge of Discrimination with the EEOC. What documentation would be relevant to an EEOC filed by an applicant? Any information related to vacancies, applicants, and interviews. This could include the dates the job posting was available, a copy of the job description for the vacancy, copies of all applications received, notes related to scheduling interviews, notes about anyone who declined to be interviewed, copies of all notes taken during the course of interviews, notes about why an applicant was not hired, any and all notes made by supervisors who may or may not
court, and we may suggest a formal representation agreement outlining the scope of the representation and other important details, as we did in opioid litigation, in which county judges signed engagement letters to hire counsel, including AAC, to litigate against opioid companies.
I welcome and encourage you to contact me if you believe there is a case or potential case that AAC should investigate and consider for county representation through AAC. I can make no promises except to tell you that as your potential lawyer, I will always be interested in investigating any case or potential case you believe has important implications for county government in Arkansas. I look forward to hearing from you. You may contact me at 501-372-7550 or cjorgensen@arcounties.org.
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provide input on applicants, any post-interview memorandums, and more. It is recommended to maintain these records for the statute of limitations which is three years.
Receiving notice that a Charge of Discrimination has been filed by an applicant, a former employee, or a current employee is never ideal. However, with proper documentation, the process can feel a lot easier, and the outcomes are generally more favorable. It may seem tedious at the moment since you are all busy; however, it will save you time spent on potential mediation or litigation and money for a potential settlement. Please reach out to me immediately if you receive a notice that a Charge of Discrimination has been filed or if you have any questions. I can be reached at 501-604-8677 or mfloyd@arcounties.org.
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 or Communications Coordinator Sarah Perry at sperry@arcounties.org. Or you may call us at (501) 372-7550.
Errin Stanger speaks about the Providence Park project during a groundbreaking ceremony in May. Stanger, through her nonprofit Refugee Village, will be handling the development and organization of the project to help combat chronic homelessness.
There’s no place like home
Two counties help combat housing struggles through innovative projects
Story and Photos by Sarah Perry AAC Communications Coordinator
Pulaski County officials are taking on a new project to help the chronically homeless.
“Addressing housing insecurity and chronic homelessness in a meaningful and sustainable manner is crucial. The instability of chronic homelessness is not only detrimental to our individuals and families but can strain public resources and our justice system,” said Pulaski County Judge Barry Hyde during a groundbreaking ceremony for the Providence Park project.
This project is a replica of the successful Community First! Village in Travis County, outside of Austin, Texas, and is designed to help those who have been chronically homeless.
According to the National Alliance to End Homelessness, “Chronic homelessness is used to describe people who have experienced homelessness for at least a year — or repeatedly — while struggling with a disabling condition such as a serious mental illness, substance use disorder, or physical disability.”
Errin Stanger, through her nonprofit Refugee Village, has been tasked with developing and operating the park.
Stanger’s passion for helping the homeless began when she regularly noticed homeless individuals seeking respite outside the Innovation Hub, where she worked as executive director.
“Even though I could give them the immediate help that maybe they needed: food or a shower, a fresh change of clothes … I’m going to see them again tomorrow,” she said, adding that she felt a more long-term solution was needed.
She began researching and visiting with various organizations across the state. During a nationwide study, she came across the Community First! Village project in Texas.
That project, which was founded by Alan Graham, started with a food truck ministry more than 20 years ago. Like Stanger, Graham decided he wanted to do more, so he started an RV park to help people coming out of chronic homelessness. Eventually, the project transitioned from RVs to tiny homes.
Stanger said when she visited the Community First! Village she knew she was in a special place.
Hyde said he also was impressed by the village and thought
the project could work in his county. He believes this project will be a dignified place for people to call home.
“We wanted our village to be a place of hope, grace and empowerment,” he said at the groundbreaking ceremony while describing how they decided on the name for the park.
Construction is currently underway in southeast Pulaski County on the first phase of project, which Hyde hopes will be completed in mid-winter or early spring. The county purchased 150 acres at this location and the goal is to construct 400 tiny homes on 50 acres. Hyde said he hopes to add other affordable housing opportunities later at the site.
These tiny homes are unique in that they do not include a kitchen or bathroom. Instead, residents will use community laundry, kitchen and bath facilities. The park also will include a health center, community garden, Harmony Hall, Nilu’s Nook, and fabrication lab. These common spaces will encourage residents to interact with other neighbors and will create the community aspect that is a crucial piece of the Community First! Village project.
Stanger explained that this focus on creating a community atmosphere comes from Graham’s belief that homelessness comes from “a profound, catastrophic loss of family.”
For someone who is used to being homeless, moving into a home can be traumatizing. To help with this transition, the park will have a neighbor care team who will work with new neighbors during a six-week course. In this course, new neighbors will learn rules for living in the community and how daily life works within the community.
Rules of the community include paying rent on time and abiding by civil law, she explained.
Roger Marlin, who has been assisting with the project and visited the Texas site with Hyde, said he was impressed with the comradery shown within the community.
“When you leave you realize how little the house has to do with it. It is the community. It’s not just providing 250 square feet for someone to live in. It’s them to be a part of a neighborhood that they have never been a part of. That’s the glue that makes it work,” Marlin said.
Part of Stanger’s job in developing the Pulaski County project is building relationships with people who can help the individuals who will eventually live there. She has spoken with a wide range of organizations, including churches, nonprofits, for profit companies, individuals and families.
“We’re just getting started,” she said.
Along with the resources that will be located within Providence Park, the development is also near several amenities, including a grocery store, drug store, library, medical clinics, police substation, restaurants, small businesses and churches, Hyde said.
The county has earmarked $5 million in American Rescue Plan Act (ARPA) funding for the project, and Stanger is also applying for grant funding.
The Pulaski County project, which is one of 12 replicas of the Community First! Village, is the only project being led
by the county.
Along with helping the people who will live there, Hyde hopes this project will help build a sense of pride for other Pulaski County residents and encourage additional efforts to help others. Meanwhile, two new housing projects in Benton County are getting off the ground thanks to some assistance from Benton County officials.
In Benton County, a housing issue has been brewing for years, as the county is growing faster than the housing inventory can keep up, said Benton County Judge Barry Moehring, who served on a National Association of Counties (NACo) housing task force.
According to Realtor.com, in July 2024, the median home list price in Benton County was $449,500 and $211 per square foot. The median home sold price was $382,000.
In May, a 160-unit multifamily development called McAuley Place project was announced. The project will be built on 11 acres within the city of Bentonville and is a public-private partnership. County officials were approached by The Excellerate Foundation about becoming involved in the project. The foundation had previously partnered with the county during the COVID-19 pandemic to administer emergency rental assistance funds and for workforce education programs.
The county had $2.4 million of Emergency Rental Assistance (ERA) funds leftover that must be used by the end of 2026. The foundation approached Moehring about transitioning these funds to housing assistance funds. In a grant making role, the county is providing $400,000 for the McAuley Place project. Other partners involved in the project include the Bentonville School District, the Walton Family Foundation, Mercy Health, and Arvest Bank.
“What is great about the McAuley Place project is that it is an innovative start to address workforce housing. It’s not the end all. The issue is bigger than what one project can solve, but it’s an innovative start. It’s a great project to learn from and improve as well as address this problem,” said Moehring.
According to the foundation, the project will serve about 200 families who make between 30 and 60 percent of the Area Median Income — $28,000 to $55,000 annually for a family of four.
“Nowhere is the affordable housing crisis more prevalent in the region than in Bentonville,” according to a statement from Jeff Webster, president/CEO of Excellerate Foundation. “The people who are the core of Bentonville — the public servants, the retail workers, the restaurant staff, paramedical professionals, and more — can’t afford to live in the city that they serve. We can’t turn our backs on the people who help make Bentonville the amazing place that it is.”
In the first phase of the project, 60 units with either one, two or three bedrooms will be completed. Rent payments are projected to be between $450 and $800 per month.
Benton County is also providing $2 million in ERA funds to another housing project in Rogers that will be in an area struck by a tornado in May, Moehring said.
AAC names 2024 scholarship recipients
Students will study mathematics, nursing, social work and more.
The Association of Arkansas Counties has announced its 2024 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. In 2023, the AAC Board of Directors raised the scholarship amounts from $1,500 to $2,000.
Along with the AAC, these associations contributed to the scholarship trust in 2024: the County Judges Association of Arkansas, Arkansas Circuit Clerks Association, Arkansas County Treasurers Association, Arkansas County Clerks Association, Arkansas Coroners Association, Arkansas Association of Quorum Courts, Arkansas Sheriffs Association, Arkansas County Tax Collectors Association, and Arkansas County Assessors Association.
Elliot Allen
Elliot Allen — Elliot is a junior at Hendrix College, where he is studying computer science. He is the son of Scotta Allen, who is the chief deputy treasurer in the Crittenden County Treasurer’s Office.
Bailey Blackmon — Bailey is a 2024 graduate of Hendrix College, where she studied biological sciences. She was recently accepted to further her education at the Louisiana State University School of Dentistry. She is the daughter of Perry County Judge Larry Blackmon.
Jonathan Dorsey — Jonathan is a 2024 graduate of Benton High School. He is the son of Jennifer Dorsey, who works in the Saline County Clerk’s Office. Jonathan plans to attend Harding University to study mathematics.
Josey Edwards — Josey is a 2024
graduate of Rison High School. She is the daughter of Melissa Edwards, who works at the Metropolitan Emergency Communication Association in Jefferson County. Josey plans to attend the University of Arkansas at Monticello to pursue a degree in social work.
Lexie Ruth Freeman — Lexie is a senior at the University of Arkansas at Monticello, where she is studying accounting. She is the granddaughter of Ashley County Treasurer Stacey Breshears.
Samantha Guiltner — Samantha is a junior at Arkansas State University in Mountain Home, where she is pursuing
Bailey Blackmon
Jonathan Dorsey
Lexie Ruth Freeman
Josey Edwards
a degree in education. She is the daughter of Pam Guiltner, who works in the Fulton County/Circuit Clerk’s office.
Zoie Reynolds — Zoie is a 2024 graduate of Greene County Tech High School. She is the daughter of Greene County Assessor Ashley Reynolds. Zoie
plans to attend the University of Arkansas to pursue a degree in elementary education.
Jasmine Trejo — Jasmine is a junior at Arkansas Tech University, where she is studying business management and business administration. She is the daughter of Sylvia Trejo, who works in the Benton County Finance Department.
Mary Grace Wells — Mary Grace is a 2024 home school graduate. She is the great-granddaughter of retired Saline County Sheriff Judy Pridgen. Mary Grace plans to attend Ouachita Baptist University to pursue a bachelor’s degree in the music industry.
Sacred Heart Catholic School. Megan plans to attend the University of Central Arkansas to study journalism. Her mother, Mandy Fresneda, works in the Conway County Clerk’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.
Reagan Counts — Reagan is the recipient of the Matt Morris Scholarship. She is a sophomore at Arkansas State University, where she is pursuing a degree in exercise science. Her father is Sharp County Judge Mark Counts.
The Matt Morris scholarship was established following the death in 1999 of Matt Morris, son of former Searcy Mayor David Morris, who is a former AAC employee. Matt was an Arkansas Razorback baseball recruit. The scholarship is funded by donations made in Matt’s name and by the County Judges Association. It is awarded each year to an applicant who reminds the scholarship committee of Matt, either through their sports involvement or by helping others.
Megan Fresneda — Megan is the recipient of the Randy Kemp Memorial Scholarship. She is a 2024 graduate of
Sophie Strasner — Sophie is the recipient of the Jonathan Greer Memorial Scholarship. She is a 2024 graduate of Acorn High School. She plans to attend Ouachita Baptist University to pursue a
Zoie Reynolds
Jasmine Trejo
Megan Fresneda
Reagan Counts
Mary Grace Wells
Samantha Guiltner
degree in communication sciences and disorders with the goal of becoming a speech therapist. She is the granddaughter of Howard County Justice of the Peace Kerry Strasner.
Jonathan Greer was a staff attor-
ney at the AAC and the liaison to the Arkansas Association of Quorum Courts (AAQC) when he tragically passed away. The AAQC established this scholarship in Jonathan’s memory to be awarded each year to a deserving student.
Emma Ray — Emma is the recipient of the Greg Ray Memorial Scholarship. She is the granddaughter of former Sevier County Judge Greg Ray, the namesake of the scholarship. Emma is a graduate of Horatio High School, and she plans to study nursing at the University of Central Arkansas.
The Greg Ray Memorial Scholarship was established to honor the legacy of former Sevier County Judge Greg Ray, who passed away suddenly in August
2022. Ray, an avid fisherman and hunter, was an active member of the County Judges Association of Arkansas (CJAA). The scholarship is funded by the Greg Ray Memorial Fishing Tournament and awarded by the CJAA.
Emma Ray
Sophie Strasner
Left: Before being elected to the Arkansas House of Representatives, Rep. Lanny Fite was the Saline County judge for 16 years. Above: AAC Executive Director Chris Villines (left) and AAC Board President Debbie Wise (right) pose with Rep. Bart Schulz, who accepted the Wes Fowler Advocacy Award for Fite, who was unable to attend the AAC’s 56th Annual Conference, held in Hot Springs/Garland County.
Rep. Lanny Fite recognized during conference
Former Saline County Judge is 2024 recipient of Wes Fowler Award
Story by Christy L. Smith
Photos by Christy L. Smith & SARAH PERRY
AAC Communications Staff
State Rep. Lanny Fite was awarded the 2024 Wes Fowler Advocacy Award from the Association of Arkansas Counties (AAC) during its annual conference, held Aug. 7-9, in Hot Springs/ Garland County.
Fite was unable to accept the award in person, as he was attending the National Conference of State Legislatures meeting in Louisville, Kentucky. So, his friend and fellow state Rep. Bart Schultz accepted it on his behalf.
“Our winner of the 2024 Wes Fowler Advocacy Award has been a constant in county government for many years in Arkansas,” said AAC Board President Debbie Wise.
Fite owned an asphalt company before running for Saline County judge in 1998. During his tenure, he developed processes to aid counties in subdivision development. A total of 199 subdivisions were developed during his 16 years as county judge.
Fite also oversaw the Saline County regional airport construction project, at one time calling it one of his biggest accomplishments. The project was completed without spending any local money. He also oversaw the move of the
county jail and sheriff’s offices away from the courthouse and onto property better suited for the purpose.
In 2011, he received the “Professional of the Year” award from the University of Arkansas at Little Rock.
AAC Executive Director Chris Villines said he calls Fite more than a colleague but a good friend.
“My first foray into the political arena was in 1998 when I was running for Saline County collector,” he said. “On the campaign trail with me and at countless pie auctions was the recipient of this award.”
In 2014, Fite ran for and won the state House seat representing District 83. And during his tenure, which is coming to an end later this year, Fite “has been one of the best friends to county government we have in the Capitol,” Villines said.
“Always fair, always reasonable, and always approachable” is how Villines described Rep. Fite.
During the last three sessions of the Legislature, Fite served as chair of the House City, County, and Local Committee. In addition, his name is attached to several bills that are considered good government legislation, including an increase of the Homestead Tax Credit from $350 to $500 and 911 reform.
Fite and his
FOWLER AWARD
wife, Sherri, have two adult children — Kelly and Adam.
The Wes Fowler Advocacy Award was established in 2017 following the death of Fowler, who spent decades working in Madison County government. He 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.
The annual award recognizes the county or district official who best embodies Fowler’s dedication to local government and demonstrates tireless work in boldly advocating for the counties of Arkansas.
Past recipients of the award include retired Columbia County Clerk Sherry Bell, former Randolph County Treasurer and AAC Executive Director Eddie Jones, retired Madison County Judge Frank Weaver, retired Washington County Sheriff Tim Helder, Conway County Judge Jimmy Hart, Benton County Circuit Clerk Brenda DeShields, and Faulkner County Clerk Margaret Darter.
Above: The Wes Fowler Advocacy Award was established in 2017 following the death of Fowler, who spent decades working in Madison County government. The annual award recognizes the county or district official who best embodies Fowler’s dedication to local government and demonstrates tireless work in boldly advocating for the counties of Arkansas.
AAC Legal Counsel elected to national board
Lindsey Bailey French, AAC Legal Counsel, has been elected to serve as secretary/treasurer of the National Association of County Civil Attorneys (NACCA), an affiliate organization of the National As-
sociation of Counties (NACo).
The election took place in July.
“NACCA has been a wonderful resource for me to be able to exchange ideas and information with other county civil attorneys and state association attorneys across the country,” French said. “I am truly honored to have been elected by my peers at the NACo Annual Conference in Tampa, Florida, and I look forward to serving on the board to help carry out the important work of NACCA.”
The NACCA membership is composed of attorneys representing counties throughout the United States. NACCA is dedicated to advancing the interests and education of attorneys who represent county governments and their agencies. The organization seeks to
help county attorneys keep apprised of cutting-edge legal issues facing county governments and helps to identify best practices in resolving issues confronting local county departments and agencies.
AAC Executive Director Chris Villines said he is “so proud of Lindsey and the great representation she gives of Arkansas in this national group. It’s no surprise that they value her skills and personality and have given her this tremendous opportunity to lead nationally, just like she already does here. It’s another shining example of the outstanding staff that has been assembled here at the Association of Arkansas Counties.”
Typically, the secretary/treasurer of NACCA will ascend to vice president, then to president, then to past president of the organization.
Many voices come together to sing one song
The Association of Arkansas Counties (AAC) held its 56th annual conference Aug. 7-9, 2024, at the Hot Springs Convention Center in Hot Springs/Garland County. “Many Voices — One Song” was the theme for the event, which drew more than 850 attendees and exhibitors.
Randolph County Circuit Clerk and AAC Board President Debbie Wise presided over the event. The Wednesday opening session featured the posting of colors by the Arkansas Sheriffs’ Association Color Guard followed by the National Anthem and “America the Beautiful” delivered by Miss Saline County Teen Bella Crowe.
During the Wednesday opening
session, Garland County Judge Darryl Mahoney welcomed attendees to his county. A special award was given to Dallas County Sheriff Mike Knoedl for his heroic actions to end a mass shooting that took place on June 21 and left four people dead and several wounded, including law enforcement officers.
Keynote speaker, Gov. Sarah Huckabee Sanders, joined in praising Sheriff Knoedl for stopping the shooter. NACo Immediate Past President Mary Jo McGuire also spoke at the gathering.
The nine associations under the AAC umbrella met after the opening session. Many groups adjourned early to attend the meeting of the Senate and House City, County, and Local Affairs committees. The evening ended on a traditional note — with the Southern Fish Fry.
The Thursday morning general session featured U.S. Sen. Tom Cotton, who delivered remarks on federal poli-
cies affecting local government.
Morning breakout sessions focused on retirement and quorum court issues. In addition, there was a legislative roundtable and jail track trainings for sheriffs and jail personnel.
Professional humorist and inspirational speaker Glen Ward entertained attendees at the Thursday luncheon, during which scholarship recipients, golf tournament winners, and the 2023 Wes Fowler Advocacy Award winner were announced. Afternoon breakout sessions focused on constitutional amendments and Robert’s Rules of Order. The evening ended with a 1980s themed dinner and dance, featuring music from the band Boom Kinetic.
Christina Kucek, executive director of intelligent automation with CAI, closed the conference Friday morning with a presentation and Q&A on Generative AI and its impact on counties.
AAC Executive Director Chris Villines conducts a roll call of counties during the opening general session on Wednesday afternoon.
Story by Christy L. Smith
Photos by SARAH PERRY & Christy L. Smith
AAC Communications Staff
Above left: AAC Litigation Counsel Colin Jorgensen leads a a spouses’ activity — Bingo — while sporting his 1980s garb. Above right: Rep. Jimmy Gazaway, left, and Sen. Ben Gilmore participate in the Senate and House City, County and Local Affairs Committee meeting focusing on elections. Left: AAC Executive Director Chris Villines, AAC Board of Directors President Debbie Wise, Dallas County Sheriff Mike Knoedl and Gov. Sarah Huckabee Sanders pose for a photo after Knoedl was honored for his bravery while responding to a recent mass shooting in his county.
Above left: Columbia County Treasurer Selena Blair, Baxter County Sheriff John Montgomery, and Stone County Assessor Heather Stevens laugh at a joke made by AAC Executive Director Chris Villines during the business session. Above right: Saline County Justice of the Peace Pat Bisbee plays a video game at the Fidlar Technologies booth inside the vendor hall. Looking on is Miller County
Treasurer Teresa Reed and Mandy Lievens with Fidlar Technologies.
Left: AAC Legal Counsel Lindsey French leads a meeting of the Arkansas Association of Quorum Courts in Horner Hall Ballroom.
Above
announcing the winners of the 25th Annual Randy Kemp Memorial Golf Tournament.
Left: Motivational speaker and humorist Glen Ward makes a funny face while impersonating a female opera singer during the Thursday luncheon.
Above left: Former Phillips County Clerk Linda White-Winfield, left, and current Phillips County Clerk Shakira Winfield showcase their outfits during the 1980s-themed dinner dance. Above center: Miss Saline County Teen Bella Crowe sings the National Anthem during the opening session of the conference. Above right: Cleburne County Justice of the Peace Chad Evans asks a question during a breakout session for quorum court members.
right: AAC Executive Director Chris Villines, right, covers his mouth in shock after AAC Governmental Affairs Director Josh Curtis makes a joke while
Above left: The Arkansas Sheriffs’ Association Honor Guard presents the colors.
Right: From left, U.S. Sen. Tom Cotton, AAC Executive Director Chris Villines and AAC Governmental Affairs Director Josh Curtis talk before Cotton took the stage during the Thursday morning general session.
Above: NACo Immediate Past President, Ramsey County, Minnesota, Commissioner Mary Jo McGuire, addresses the crowd during the opening general session. Right: Randolph County Treasurer Dennis Calaway visits with Joe Fowler at the Guardian RFID booth in the vendor hall.
Above: Miller County Sheriff/Collector Wayne Easley listens to a session that was part of the jail track training.
Far Left: Former Lafayette County Judge Danny Ormand poses a question to U.S. Sen. Tom Cotton.
Left: Garland County Judge Darryl Mahoney welcomes attendees to his county to kick off the conference.
Above left: Miller County Circuit Clerk Penny Kilcrease and her husband Alan check their cards during the Bingo session. Above right: AAC Risk Management and Insurance Co-Director Brandy McAllister announces prize winners during the final session of the conference, which wrapped up Friday morning.
Above left: Little River County Sheriff/Collector Bobby Walraven, Arkansas Sheriffs’ Association Executive Director Scott Bradley, Drew County Sheriff Tim Nichols and Chicot County Sheriff Ron Nichols enjoy a few moments together between sessions. Above right: Pike County Treasurer Loletia Rather laughs with Carroll County Treasurer Makita Williams during a Treasurers Association meeting.
Right: Ouachita County Clerk Sherri Hunter and Chief Deputy Jacey Shaffer listen to a presentation during a breakout session. Far Right: Christina Kucek, executive director of intelligent automation at CAI, speaks about Generative Artificial Intelligence and its impact on counties.
Chad Denmon, pastor at Saline County New Life Church, delivers the invocation during the opening general session.
Garland County Collector Rebecca Talbert, Pulaski County Coroner Gerone Hobbs, Pulaski County Treasurer/Collector Debra Buckner, Jamie Pasternak and Saline County Coroner Kevin Cleghorn are all smiles while posing for a picture.
Accounting and Human Resources Manager Cindy Posey,
the jewelry they made during a spouses’
Above:
Right:
Left: AAC Executive Director Chris Villines bows his head as Greene County Judge Rusty McMillon leads a prayer before the dinner dance. Above right: AAC
Dianna Bowman and Ashely Horton showcase
event.
Left: Arkansas State Board of Election Commissioners Director Chris Madison, far left, Saline County Judge Matt Brumley and Saline County Election Coordinator Allison Cain testify about an audit of the most recent primary election held in Saline County.
Left: County Judge Larry Garrett, Administrative Assistant Latasha Born, Treasurer Carmen Watkins, Chief Deputy County Clerk Darlene Parson and County Clerk Austin Boatright represent Madison County at the conference. Above: Faulkner County Judge Allen Dodson, right, and Administrator Randy Higgins pause for a photo between sessions.
Above left: Retired Arkansas House Parliamentarian Finos “Buddy” Johnson leads a breakout session about Robert’s Rules. Above right: AAC Worker’s Compensation Claims Manager Misty Petrus, left, poses for a picture with AAC Risk Management and Insurance Co-Directors Brandy McAllister and Debbie Norman at the AAC Risk Management booth in the vendor hall.
AAC hosts Randy Kemp Memorial Scholarship Golf Tournament
Sixty golfers teed off at Ponce de Leon Golf Course in Hot Springs Village on Aug. 6, 2024, 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 2024 Randy Kemp Memorial Scholarship was awarded to Megan Fresneda, who plans to attend the University of Central Arkansas. Her mother, Mandy Fresneda, works in the Conway County Clerk’s Office.
AAC extends its appreciation to those who support the fund, the golfers and sponsors.
Left: Kera Bettis watches as her ball rolls toward the hole. Above: Brooks Israel of Time Striping and Marion County Judge Jason Stump share a laugh while playing as a team.
Tournament results
First Flight
1st - Kevin and Cade Tucker
2nd - Tad and Ray Jones
3rd - Tony Washington and Cory Scott
Second Flight
1st - Kenison Homes and Kevin Davis
2nd - Mike Moore and Tom Smith
3rd - Russell Brinsfield and John Melton
Long Drive Winner Cade Tucker
Putting Contest Winner Cade Tucker
Closest to the Pin Winner
Tad Jones
Sponsors
Platinum Sponsors
Correct Solutions
Ergon Asphalt
Pafford Medical Services
Gold Sponsors
Arkansas Sheriffs’ Association
Delta Mass Appraisal
Jason Owens Law Firm
JCD Consulting Services
Turnkey Solutions
Silver Sponsors
1st Arkansas Bail Bond
Apprentice Information Systems
John Thurston for Treasurer
National MedTest
Hole Sponsors
ACT (Arkansas CAMA Technology)
DataScout
Delta Mass Appraisal
Nabholz
Above: AAC Governmental Affairs Director Josh Curtis tells golfers about the rules of the tournament. Right: Saline County Sheriff Rodney Wright takes a swing at the ball.
Above: Jeremiah Thompson, Evan Gardner, Darryl Gardner and Steve Morgan represent Ergon Asphalt during the tournament.
Above: Washington County Circuit Clerk Kyle Sylvester watches the ball path after his swing. Right: Tad Jones putts his ball.
Alan Lorince, right, looks on as Desha County Collector Lisa Hutchison hits her ball.
Paul Hively drives the ball down the course. Right: Sara and Allen Huffman watch as Phillip Carper putts the ball during the putting
Left: Rodney Pless and Tim Wyse celebrate after Wyse made a putt.
Far Left: Jackson County Sheriff Russell Brinsfield, left, and Pope County Sheriff Shane Jones pose for a photo. Left: Chune Hutchinson looks toward the hole after putting the ball.
Left: Tim Burris watches his ball after hitting it toward the green.
Executive
Above: AAC
Director Chris Villines welcomes golfers at the start of the tournament.
Above: Kevin Tucker looks on as Cade Tucker putts the ball.
Above: Pictured are Izard County Treasurer Warren Sanders, Fulton County Treasurer Barry Abney, Faulkner County Attorney Philip Murphy and Faulkner County Treasurer Scott Sanson.
Mike Goodwin watches as his ball drops into the hole.
AAC COVER STORY
Thank you to our 2024 Exhibitors and Sponsors!
AAC Risk Management 1415 West Third Little Rock, AR 72201 (501) 375-8805 www.arcounties.org
A-1 LED, LLC
806 E Center St Sheridan, AR 72150 (870) 942-4277
www.a1led.net
ADEM-AR Federal Surplus Property
8730 Remount Road
N. Little Rock, AR 72118 (501) 835-3111 www.dps.arkansas.gov
ADEQ, Enterprise Services
5301 Northshore Drive North Little Rock, AR 72118 (501) 682-0946 www.ee.arkansas.gov
ADEQ, Office of Air Quality 5301 Northshore Drive North Little Rock, AR 72118 (501) 682-0946 www.ee.arkansas.gov
American Stamp & Marking Products
6319 Brookfield place Alma, AR 72921 (479) 651-0072 www.americanstamp.com
AmeriPro Health
1575 Cane Run Road Springfield, KY 40069 (859) 481-1411 www.AmeriProHealth.com
Apprentice Information Systems, Inc
900 N Dixieland Rd. Rogers, AR 72756 (479) 631-8054 www.apprenticeis.com
AR Department of Transportation
10324 Interstate 30 Little Rock, AR 72022 (501) 410-2204 www.ardot.gov
AR Geographic Information 501 Woodlane Street Little Rock, AR 72201 (501) 952-3979
www.gis.arkansas.gov
AR SHIIP
1 Commerce Way Little Rock, AR 72202 (501) 683-6458 www.shiipar.com/
Arkansas 811 2120 Maple Ridge Circle Conway, AR 72034 (501) 472-1005 www.arkansas811.com
Arkansas CAMA Technology
38 W. Trenton Blvd, Ste 101 Fayetteville, AR 72701 (479) 521-5607 www.arcamatech.com
Arkansas Correctional Industries 6841 W. 13th Street Pine Bluff, AR 71602 (870) 730-0394 www.acicatalog.com
Arkansas Farm Bureau Federation P.O. Box 31 Little Rock, AR 72203 (501) 366-0110 www.arfb.com
Arkansas Municipal Equipment 14263 Hwy 270 Poyen, AR 72128 (870) 917-5861 www.ametrucks.com
Arkansas Natural Heritage Commission 1100 North Street Little Rock, AR 72201 (501) 683-4362 www.naturalheritage.com
Arkansas Secretary of State 500 Woodlane St Little Rock, AR 72201 (501) 682-5283
www.sos.arkansas.gov
ARORP
1401 W. Capitol, Suite 300 Little Rock, AR 72201 (832) 350-6566 www.arorp.org
Asphalt Zipper, Inc
310 West 700 South Pleasant Grove, UT 84062 (801) 847-3200
www.asphaltzipper.com
AT&T
120 W 8th Little Rock, AR 72201 (501) 697-0714 www.att.com
Atlas Asphalt Inc.
69 Huntington Drive Greenbrier, AR 72058 (870) 307-2279
www.atlasasphaltInc.com
Azelis Agricultural & Environmental Solutions 1324 N Hearne Ave, Ste 120 Shreveport, LA 71107 (870) 450-5868 www.azelisaes-us.com
BELFOR Property Restoration 15314 Alexander Road Alexander, AR 72002 (214) 683-4242 www.belfor.com
BHC Insurance
5500 Euper Lane Fort Smith, AR 72903 (479) 452-4000 www.bhca.com/home-mobi
BRYMA Tech
4107 Massard Rd Fort Smith, AR 72903 (479) 430-6670 www.brymatech.com
Center for Tech and Civic Life 303 East Wacker Drive Chicago, IL 60601 (773) 387-3746 www.techandciviclife.org
Certified Payments by Deluxe 100 Throckmorton St, Ste 200 Fort Worth, TX 76102 (214) 600-3094 www.certifiedpayments.com
Coastal Energy Corp. 1 Coastal Drive Willow Springs, MO 65793 (870) 321-3127
Commissioner of State Lands
500 Woodlane St, Ste 109 Little Rock, AR 72201 (501) 683-3031 www.cosl.org
Complete Computing, Inc.
400 W 7th St Little Rock, AR 72201 (501) 396-3166 www.complete.com
Corrective Asphalt Materials
300 Daniel Boone Trail South Roxana, IL 62087 (816) 946-9435 www.cammidwest.com
Crews & Associates, Inc. 521 President Clinton Ave, Ste 800 Little Rock, AR 72201 (501) 978-7953 www.crewsfs.com
Critical Edge 2503 Sunny Meadow Dr Jonesboro, AR 72404 (870) 790-1868 www.criticaledge.com
What is your No. 1 priority as part of the AAC Board of Directors? My No. 1 priority as a member of the AAC Board of Directors is to be an advocate in all areas of state government for the people and organizations of county government that we represent. Our greatest asset is always our people capital.
What have you gained from being active in the County Judges of Arkansas Association? Since becoming active in the CJAA, I have learned much from my fellow judges. The association provides great fellowship and is a great network for information sharing.
Brenda DeShields
What is your No. 1 priority as part of the AAC Board of Directors? My first priority is to listen and be aware of situations that affect the operations of county government. So that an informative decision can be applied, I try to always act upon the information provided while keeping in mind how it might affect all associations. It is an honor to represent my county, the Circuit Clerks Association, as well as all other county officials by having a voice on the AAC board. My whole adult career has been in county government, and I hold this dear to my heart, always striving to see the success that by coming together we can achieve great things. At the end of the day, it’s not about us at all; it’s about those that we serve.
What have you gained from being active in the Arkansas Circuit Clerks Association? As a newly elected circuit clerk, it allowed me to build relationships with more tenured clerks, which provided not only support, but also knowledgeable information and training. Being active also allowed interaction with the AAC staff. These relationships were priceless as they gave me confidence in knowing I had others to call upon with questions and concerns. The conferences have been valuable in allowing me to know the laws/procedures required to operate the clerk’s office as well as updates, new laws or potential amendments. Going to these conferences allows time to learn, receive support, stay informed and build relationships.
Taylor Handford
AAC welcomes new legal counsel
Story and Photo by Christy L. Smith AAC Communications Director
Well-rounded may well be the best adjective to describe Taylor Handford. His background is diverse, and his interests are thoughtful. He is no doubt a valuable addition to the AAC’s legal and policy teams.
Handford, who previously worked as an AAC law clerk, officially joined the AAC staff as a legal counsel in August. And he said he couldn’t be happier.
“I’ve worked since I was 15 years old, and this is the first time I’ve ever felt like there’s no need to consider what is next as far as careers go. So, that was a new and pleasant feeling and realization,” Handford said.
Born and raised in Batesville, Handford graduated from Batesville High School — but not before leaving his mark. His competitive streak came out when he entered and won a local spelling bee because he “wanted to beat the kid.” He was on the high school tennis team, which won the conference championship for the first time in a decade. And Handford beat the second, third and fourth seeds. He even danced in a high school production of The Sound of Music “even though it’s not my usual thing.”
Handford holds degrees in political science from the University of Arkansas and criminal justice from the University of Arkansas at Little Rock. He is a recent graduate of the William H. Bowen School of Law.
Prior to law school, Handford worked in human resources at Walmart, UAMS, and Simmons Bank. He worked as an AAC law clerk during his Fall 2022 and Spring 2023 semesters. That work focused heavily on jails, the Department of Corrections, and the state’s need for a new prison. He followed that up during the Summer and Fall of 2023 with a clerkship at the Arkansas Municipal League, focusing on district courts and Act 38 of 2023, which required a legislative study of financial matters related to the court system.
Handford returned to the AAC as a law clerk in January 2024, and then transitioned into his current role after taking
the bar exam. As legal counsel, he is part of the policy team and is serving as a second liaison to the sheriffs’, judges’ and coroners’ associations. His work thus far has focused on forensic exams and district courts and Act 38 of 2023.
In his spare time, Handford loves to read, something he perhaps inherited from his grandmothers, who were avid readers. His taste runs toward nonfiction, but Handford said he mixes “in a healthy dose of fiction to at least call myself well-rounded.”
He enjoys reading about the Pacific theater of World War II, the late Roman Republic, and Abraham Lincoln.
“I have a particular sentimentality about Abraham Lincoln. I read quite a few books about him, about his time in office, about his spirituality, about his ability to overcome tremendously challenging, sad events and ordeals that are not unique to him, but there’s always this melancholia or depressive mood that Lincoln had. There was a lot of loss in his life, and I find him a very interesting character. I think he was particularly fit for the moment in the American political life that he was born and grew up into,” Handford said.
He loves a good movie soundtrack or score, particularly by Hans Zimmer. And Handford enjoys photography, leaning toward landscapes, buildings, and flowers.
His bucket list trip is to “cross The Alps where it is likely that Hannibal and his army crossed The Alps into the Piedmont region of Italy at the start of the Second Punic War.”
LAW CLERK — Anthony Bennett
Where were you born and raised? Ashdown, Arkansas (Little River County)
Family information: My parents and most of my family still live in Little River County. My pointer/lab — Justice — lives with me in Faulkner County.
My favorite meal: Street tacos
When I’m not working: I am spending time with friends and my dog.
The accomplishments of which I am most proud: I used to work at The City of Hope Outreach — an anti-poverty nonprofit in Faulkner County, Arkansas, that serves low-income and homeless individuals. There, I wrote my first grant application
Anthony Bennett
which helped create new nutritional and community develop-
At the top of my bucket list is: To fly an airplane.
You might be surprised to learn that: I am C-SPan’s No. 1 fan.
My pet peeve is: Bad drivers.
Motto or favorite quote: “Speak only if it improves upon the silence.” — Gandhi
When did you start at the AAC and what projects have you been working on? I started working as AAC Law Clerk in May 2024. I’m currently working on a legal memo and County Lines article about taxes. My focus at AAC thus far has been on helping counties increase revenue for road improvement.
ARORP launches Sentinel Project
Arkansas Opioid Recovery Partnership (ARORP) staff hosted a news conference Aug. 21 at the AAC office to announce the launch of the Sentinel Project. This project is designed to be a substance identifier and early warning system of dangerous drug trends in Arkansas’ cities and counties. ARORP Director Kirk Lane (pictured top right) said ARORP invested $1 million to purchase 32 TruNarc Handheld Analyzer devices that can be used to conduct field-based presumptive exams on suspected narcotics, precursors and cutting agents. Reports from the device will be submitted to the Arkansas State Drug Director. Because a laser is used to identify substances with the device, the items do not have to be removed from any packaging and helps to keep the tester safe, Kirk added.
Sgt. Tonya Soule with the Lonoke County Sheriff’s Office (pictured bottom right) said her department has had the device for four years and uses it regularly.
ARORP currently has an application available on its website for agencies and organizations interested in receiving a device. Groups who can apply for the project are school districts, colleges and law enforcement including city or county law enforcement and county jails.
COLLECTORS
The Arkansas County Tax Collectors Association gathered July 10-12 in Fayetteville/Washington County.
Right: Washington County Collector Angela Wood, White County Collector Beth Dorton, Baxter County Collector Teresa Smith, Baxter County Chief Deputy Collector Yvette Sigafus, and Boone County Collector Amy Jenkins chat.
a question during a discussion about delinquent taxes.
Above Left: Sharp County Deputy Collector April Downing, left, and Clark County Chief Deputy Collector Tina Martin listen. Above Middle: Linda Alexander, bankruptcy specialist in Pulaski County, talks about types of bankruptcies and how to handle each type. Above
Right: Pope County Jennifer Haley poses
Far Right: Drew County Collector Tonya Loveless announces scholarship winners.
Above: Meeting attendees pose for a picture on the field of Donald W. Reynolds Stadium at the University of Arkansas.
AAC PHOTO RECAP COUNTY JUDGES
The County Judges’ Association of Arkansas gathered June 26-28 in North Little Rock/Pulaski County.
welcomes everyone
Right: County Judge Association of Arkansas President and Greene County Judge Rusty McMillon is all smiles while speaking to the group.
Far Right: Madison County Judge Larry Garrett asks a question to AAC RMS Employement Counsel Mallory Floyd during a breakout session.
Left: While looking over a map, Shelby Johnson, director of the Arkansas Geographic Information Systems Office, left, talks with Lafayette County Judge Valarie Clark.
Right: AAC Risk Management Member Services Manager James Mirus presents information about the Risk Management Volunteer Firefighter Program.
Above: Baxter County Judge Kevin Litty, left, and Marion County Judge Jason Stumph discuss the response after their counties were hit by tornadoes in May.
Above: Pulaski County Judge Barry Hyde
to his county.
ASSESSORS
The Arkansas County Assessor’s Association gathered in West Memphis/Crittenden County June 18-21.
Far Left: Phillips County Assessor Jerome Turner and Chicot County Assessor Faye Tate visit during a break.
Left: David Wechsler, director of property tax with NextEra Energy, discusses the ins and outs of assessing solar projects. The company has solar projects in Arkansas, Chicot and Crittenden counties.
Above Left: Lee County Chief Deputy Assessor Lisa Johnson and Lee County Assessor Becky Hogan stop for a photo. Above Middle: Faulkner County Assessor Krissy Lewis and Johnson County Assessor Rusty Hardgrave listen to a presentation. Above Right: Bill Long of the Arkansas Assessment Coordination Division leads a session on assessing car dealerships and auto repair shops.
Above: The assessors pose for a group photo and show off their new t-shirts, the backs of which say “Property Whisperers.”
AAC PHOTO RECAP
TREASURERS
The Arkansas County Treasurers Association gathered June 18-20 at the Ozark Folk Center in Stone County.
Above: From left, Clark County Treasurer Karen Arnold, Hot Spring County Chief Deputy Kristian Miller, Hot Spring County Treasurer Glorie Thornton and Arkansas County Treasurer Ruby Dillion laugh together during a skit featuring AAC Legal Counsel Mallory Floyd and ACE Program Coordinator Michael Roys.
Above: Craighead County Treasurer Terry McNatt talks with AAC Executive Director Chris Villines and AAC Consultant Eddie Jones during a break.
Far Left: Phillips County Treasurer Santresa Mayfield asks a question during an open mic portion of the meeting. Left: Cleburne County Treasurer Felicia Hipp, left, and Montgomery County Treasurer Missy Keenom look through the treasurers’ proposed legislation during a business meeting on the second day of the meeting.
Far Left: Carroll County Treasurer Makita Williams and Boone County Treasurer Sandy Carter visit during a break between sessions. Right: Franklin County Treasurer Shelly Wilson poses a question to Kathryn Pannell of Citizens Bank during a presentation about bank products available to prevent against check fraud.
CIRCUIT CLERKS
The Arkansas Circuit Clerks Association meeting was held June 4-6 at the Winthrop Rockefeller Institute in Conway County.
Above Left: From left, Baxter County Circuit Clerk Canda Reese, Carroll County Circuit Clerk Sara Huffman, Lincoln County Circuit Clerk Cindy Glover, Carroll County Deputy Circuit Clerk Sharon Gresham and Arkansas County Deputy Circuit Clerk Paula Bailey showcase the prizes they won during a team building exercise at the western-themed circuit clerk’s meeting. Above Right: Greene County Deputy Clerks Callie Peeples, left, and Kristian Wofford listen to a presentation.
Left: From left, Independence County Circuit Clerk Greg Wallis, Independence County Deputy Circuit Clerk Marcia Young, Montgomery County Circuit Clerk Regina Powell, Conway County Circuit Clerk Darlene Massingill, and Lee County Circuit Clerk Millie Hill are all smiles with their prizes after winning a team building exercise.
Far Left: Cleburne County Clerk Heather Smith shares her opinion during a breakout session about fines and fees.
Left: Phillips County Clerk Tamekia Franklin talks about how her office handles out-of-state subpoenas.
Below: AAC Legal Counsel Lindsey French presents information about out-of state subpoenas during the first day of the meeting.
SHERIFFS
The Arkansas Sheriffs’ Association held its annual summer meeting June 2-5 in Fort Smith/Sebastian County.
ASA Executive Board
Above Right: Members of the ASA’s Honor Guard were recognized for their service during a ceremony.
Right: Columbia County Sheriff Leroy Martin and Newton County Sheriff Glenn Wheeler visit the exhibitor’s hall.
Far Right: Arkansas Department of Public Safety Secretary Col. Mike Hager discusses some developments with the Arkansas State Police.
for a group
Above:
members pose
photo. From left: Sergeant at Arms Shawn Stephens, Independence County; Financial Chair Hobe Runion, Sebastian County; Secretary/Treasurer Scott Sawyer, Polk County; President Shane Jones, Pope County; 1st Vice-President John Staley, Lonoke County; 2nd VicePresident Tim Ryals, Faulkner County; and Legislative Chair Ronald Nichols, Chicot County.
Above Left: State Sen. Jonathan Dismang was the keynote speaker for the Tuesday luncheon.
When you participate in the AAC Workers’ Compensation Trust, 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 – they’re simply the best at what they do!
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 more than $32 MILLION dollars in dividends, payable to members of the fund. In fact, we mailed $550,000 in savings back to member counties in July 2024.
The service is available for any size county government and other county government-related entities.
We’ve got you covered!
Workers’ Compensation Fund pays $550,000 in dividends to its member counties in 2024
The Association of Arkansas Counties Workers’ Compensation Trust is proud to announce that for the 28th straight year dividends will be returned to all participating counties. The 2024 dividend is declared based on 2020 premiums paid and losses incurred. This brings the total dividends paid over the last 28 years to $32,648,953.
AAC Workers’ Compensation Trust Group Manager Chris Villines recommended the $550,000 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 and our Risk Management and Insurance Co-Director Brandy McAllister enough. They have an incredible responsibility and handle it wonderfully. The Workers’ Comp staff is equally adept. Misty Petrus, Kim Nash, Renee Turner, Kim Mitchell, and Ellen Wood do an excellent job.”
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 28th 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 counties receive $9.2 million in PILT payments
In June, The Department of the Interior announced that more than 1,900 state and local governments around the country will receive a total of $621.2 million in Payments in Lieu of Taxes funding for 2024. Because local governments cannot tax federal lands, annual PILT payments help to defray the costs associated with maintaining important community services.
Arkansas counties, which have 3,252,205 acres of federal lands, will receive $9,255,070.
PILT payments are made for tax-exempt federal lands administered by the Department’s bureaus including the Bureau of Land Management, Bureau of Reclamation, National Park Service, and U.S. Fish and Wildlife Service. In addition, PILT payments cover federal lands administered by the U.S. Forest Service, the U.S. Army Corps of Engineers, and the Utah Reclamation Mitigation and Conservation Commission. 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.
“The Biden-Harris administration is committed to boosting local communities,” said Principal Deputy Assistant Secretary for Policy, Management and Budget Joan Mooney. “PILT payments help local governments carry out vital services, such as firefighting and police protection, construction of public schools and roads, and searchand-rescue operations. We are grateful for our ongoing partnerships with local jurisdictions across the country who help the Interior Department fulfill our mission on behalf of the American public.”
Since PILT payments began in 1977, the Department has distributed nearly $12 billion to states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.
The Department collects more than $22.2 billion in revenue annually from commercial activities on public lands. A portion of those revenues is shared with states and counties. The balance is deposited into the U.S. Treasury, which in turn pays for a broad array of federal activities, including PILT funding.
Individual payments may vary from year to year as a result of changes in acreage data, which are updated annually by the federal agency administering the land; prior-year federal revenue-sharing payments reported annually by the governor of each state; and inflationary adjustments using the Consumer Price Index and population data, which are updated using information from the U.S. Census Bureau.
At right is a breakdown of the FY 2024 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 and Crittenden counties have 10 and 2vacres of federal land, respectively, but did not qualify for payments. Scott and Montgomery counties have the largest amounts of federal land, with 368,017 acres and 357,783 acres, respectively.
— Courtesy of U.S. Department of the Interior press release
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.
Olympic gymnast: ‘Check your ego at the door’ to excel at teamwork
Story by Meredth Moran County News Junior Staff Writer, NACo
Three-time Olympic gymnast Dominique Dawes championed teamwork, saying “checking your ego at the door” is the key to success, at NACo’s General Session on July 14. She inspired a ballroom filled with county officials from across the country, whom she called “the heartbeat and bloodline” of their communities.
“What you all do on a day-to-day basis is what I did for a bit for my Olympic career,” Dawes said. “You’re planting positive seeds, you’re educating, you’re empowering, you’re inspiring, you’re ensuring that there’s a safe environment, not only for our children, but also for our families and adults, so I want to thank you for what you’ve committed and been called to do.”
Gymnastics is an individual sport, but Dawes and her U.S. Olympic teammates had to work together and uplift each other to get the gold in 1996, she said. The U.S. Olympic gymnastics coach had the team pick affirmations from a jar each day and one of them stuck with Dawes, shifting her perspective on success: “Team together, everyone achieves more.”
“You cannot work in harmony with one another if you have an ego,” Dawes said. “So, what my team was able to do
— that became known as ‘the Magnificent Seven’ — the next day, we went to practice, and we took those blinders off that had always been on our heads. The sport of gymnastics is ‘me, myself and I, focus on getting your job done,’ but at those Olympic games, there was something bigger than just me.”
Dawes, who won a gold medal in the 1996 Olympics for the team event, said material measures of success are “fleeting” and don’t last forever; she stores her gold medal, which is beginning to tarnish, in a junk drawer next to packets of duck sauce and spare batteries, she said. Real success is planting a positive seed in someone else’s life and creating a legacy, she added.
“It’s very hard these days, where there’s a great deal of tension, a lack of forgiveness, a lack of love, but remember we should not judge others until we walk a lifetime in their moccasins,” Dawes said. “And so, if we make that concerted effort to check our egos at the door, we will see life differently and we will embrace all of the greatness that is right in front of us. That is truly success.
“And success is not standing on top of a mountain top, success is not standing on top of a podium with a hand over my heart, success is standing right in front of us each and every day, but you will not embrace it, you will not see it and you will not live it, if your ego is attached.”
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