County Lines WINTER 2016
Cover story
Raising the Roof
Local sales taxes fund new jail construction. Page 26
Hilltop history: Lee County Courthouse
Meet & Greet
Job Shadow Focus
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held in Drew County
The Official Publication of the Association of Arkansas Counties
on county government
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WINTER 2016
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In This Issue f Rooil . thend neuwnja ties fu l co sinsgtaxeseve i ra a R sale in s n al Loc tructio s con
ty her Doug hael Lines by Mic County Smith
Several counties are building new jails with funds from local sales taxes.
with nties. crowded Corof cou Story For of r jails sty L. number having thei artment ons has by Chri e in a Photos say as Dep state pris or the issu officials Arkans at demean the County nders and on room ing mis jail beting plac offe jails and lly in rs in violent inmates waijudges from offende county to eventua . That, hed Aging felony for them fees rection e district bound s establis time. -violent no room fines and were som ter of . kept a mat de them e standard lockups ed and nonlities have collecting rs don’t pay rs was t aten ns insi the stat criminal offende nty faci offende ce officers , s from cou conditioup against Arkansas s being thre n facility countie less serious that poli aten them ntio cause kept w bump for such nty facilitie inal dete each judi the thre kno has , of to e crim ing 1990s of cou ed and turn ause som because theywith which h. in the ther round state’s 26 mittee serv complet cing bec cas owe Ano ure by the (one com recently t they s have noth gh up the constru wha the jails cou in d and deputie rs don’t with closcommittees lted in stages resu nde combine review rict) has rs at various dards, al state if the offe cial distber of othe jail stanby addition ed forc state’s a num ess. t the sed in part lities, has tion proc d to mee ng cau nty faci The neeovercrowdi sed in cou hou with the rs being prisone
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Features Governor ties highway funding to Arkansas Works................................................11 Lee County Courthouse: History on a Hill.................................................................30 Individual assistance available to residents of 11 flooded counties..................33
Inside Look AAC, Drew County host meet and greet for local, county, state officials.
AAC board profile: Cindy Walker................................................................................37 County treasurers hold roundtable talks..................................................................38 Roads, levees, healthcare among topics for judges...............................................39 AA C
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Winter meeting of sheriffs held in Little Rock.........................................................40 s
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Collectors hold December meeting in Conway.......................................................41 AAC hosts legislators at Governor’s Mansion..........................................................46
Top Left: Chris AAC County Villines welcExecutive Director communTreasurer omes Clev ity cent Jack Hop elan er. son to d he Asso the Bottom Drew ciation of Gulledge Left: Drew Tuesday,County host Arkansas M. Saw and Distr County Clerk 60 peop Johnson Jan. 26 ed a legis Counties yer stop ict Cour Lyna Communin Drew lative mee along with seven le attended to pose t Judge for a phot Sara as we well as counties, incu the even ity Cen County at t and gree o. ter aim to fice holdchallengers mbent t, including in Mon the Sadie t ships buil d on with T. for the state sena coun ticello. “This ers. state hou tors and ty offic About and represennot only our stakehol regional tatives our associati ders’ relat represen ials from Perkins, se, city concept and AAC ions offic tativ on hips state ials and is a part but The es legis state of-as greet AAC is in lative and government also with and partnerof AAC the proc state and com ’s loca in l outr “As the plans to cont ess of plan municati general,” senators each effor inue the official ning its ons director. said Scot ts importance t voic next legis proj level and of colla e for coun ect thro lativ ties, the ughout the e meet and Villines, spending borating next year. who mad AAC exec face time and communAAC und in our erstands utive vario icating AAC e the time dire the to atten ctor. “We us coun on the loca helped extends ties,” d and a spec l sinc make the mee ial than participa erely apprsaid Chris ks to te.” eciate ting a Lyna the all won follo Gulledg derful success: wing peop e, Dre w Cou le who Robert nty Cler Akin, k Drew County Pam Don Judge aldson, Chicot Beth County Davis, Clerk Drew County Michelle Assessor Hammon s, Dre Cheri w Cou Adcock, nty Dep Drew uty Cler County k Deputy Assessor CO
AAC, Drew Coun ty ho st legi slativ e mee t and
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AAC, ACD offer legislative guidance to assessors..................................................46 AAC staff profile: Mark Harrell....................................................................................48 AAC staff profile: Karen Bell.......................................................................................48
Departments From the Director’s Desk............................................................................................... 7
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Family
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President’s Perspective................................................................................................. 9
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From the Governor........................................................................................................11 Students learn about county government on job shadow day at AAC.
t: Top Righ Capitol. , Pulaski the statee Barry Hyde t: Prairie tour of Righ ol on a County JudgBottom High Scho Pulaski rnment. J.A. Fair Bottom Left:county gove in . ents from n form. tratio of stud their roles g machine group a voter regis discussed ronic votin took a bs out Villines student fill Gerone Hob use an elect Chris to sa DirectorSkarda help nty Coroner rates how utive onst n Cou AAC Execrdinator Kara Pulaski Sanner dem nine Top Left: ram Coo Holladay andHarvey Joe r grades The ACE ProgSheriff Doc missione ols. ents in County Election Com 65 stud n high scho, learned lella mately County el of to vote
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Attorney General Opinions..........................................................................................12 Legislative Lines............................................................................................................13 Research Corner...........................................................................................................14 Governmental Affairs...................................................................................................16 Legal Corner...................................................................................................................17 County Law Update.......................................................................................................19 Seems to Me..................................................................................................................20 Savings Times 2............................................................................................................22 NACo News Updates.....................................................................................................50
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Cover Notes: Raising the Roof ail overcrowding and aged facilities that fail to meet state requirements have plagued several counties across the state in recent years. Crawford, Garland, Greene, Jackson and Lawrence counties are among those who have successfully sought new sales taxes to fund the construction of new jails. The new Jackson County Jail, featured on the cover, is about 65 percent complete now and is slated to open sometime late this summer. Read more about jail construction on page 26.
(Photo by Chirsty L. Smith)
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We have had an overcrowding issue and [have been] on probation for over 10 years. In 2011, we were inspected and [the jail standards review committee] advised us that we had to come up with a plan for expansion and/ or to build a new jail or we would be closed. —
COUNTY LINES, WINTER 2016
Jeff Phillips Jackson County Judge
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Calendar
of
Events
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2016
March 9-11 Assessors Baymount Inn, Hot Springs
June 15-17 Circuit Clerks Hilton Garden, Jonesboro
April 6-8 County Clerks Embassy Suites, Hot Springs
June 22-24 Treasurers Holiday Inn, Texarkana
April 13-15 Collectors Basin Park, Eureka Springs
July 12-14 County Clerks Holiday Inn, Texarkana
June 1-3 Judges Embassy Suites, Hot Springs
Aug. 24-26 AAC Annual Conference Embassy Suites, Hot Springs
June 8-10 Collectors Comfort Suites, W. Memphis
Calendar activities also are posted on our Web site:
June 13-17 Assessors Holiday Inn, Fort Smith
CONTACT AAC
Association of Arkansas Counties 1415 West Third Street
www.arcounties.org
Brenda Emerson, ACE Program Coordinator bemerson@arcounties.org
Karan Skarda, ACE Program Coordinator kskarda@arcounties.org
Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org
Scott Perkins, Legislative/Communications Director
Little Rock, AR 72201 (501) 372-7550 phone (501) 372-0611 fax www.arcounties.org
sperkins@arcounties.org
Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org
Lindsey Bailey, Legal Counsel lbailey@arcounties.org
Chris Villines, Executive Director
Cindy Posey, Accountant
cvillines@arcounties.org
Jeanne Hunt, Executive Assistant
jhunt@arcounties.org
Whitney Barket, Executive Assistant wbarket@arcounties.org
cposey@arcounties.org
Mark Harrell, IT Manager mharrell@arcounties.org
Christy L. Smith, Communications Coordinator
csmith@arcounties.org
Elizabeth Sullivan, Secretary/Receptionist esullivan@arcounties.org
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Mission Statement: The Association of Arkansas Counties
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he Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district officials. The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office.
Risk Management / Workers’ Compensation Debbie Norman, Risk Management & Insurance Director, Risk Mgmt Services dnorman@aacrms.com Debbie Lakey, Workers’ Comp Claims Manager dlakey@aacrms.com Cathy Perry, Administrative Assist./Claims Analyst cperry@aacrms.com Kim Nash, Workers Comp Claims Adjuster knash@aacrms.com Renee Turner, Workers Comp Claims Examiner rturner@aacrms.com Riley Groover, Claims Analyst rgroover@aacrms.com Kim Mitchell, Administrative Assistant kmitchell@aacrms.com Brandy McAllister, RMS Counsel bmcallister@arcounties.org Becky Comet, Member Benefits Manager bcomet@arcounties.org Barry Burkett, Loss Control Specialist bburkett@aacrms.com Karen Bell, Administrative Assistant kbell@aacrms.com Ellen Wood, Admin. Assistant/Receptionist ewood@aacrms.com
COUNTY LINES, WINTER 2016
Director’s
Desk
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County Lines Magazine
County Lines is the official publication of the Association of Arkansas Counties. It is published quarterly. For advertising inquiries, subscriptions or other information relating to the magazine, please contact Christy L. Smith or Scott Perkins at 501.372.7550. Executive Director / Publisher Chris Villines Communications Director/ Managing Editor Scott Perkins Communications coordinator/ Editor Christy L. Smith
AAC Executive Board: Judy Beth Hutcherson – President Debbie Wise – Vice President Joe Gillenwater – Secretary-Treasurer Sherry Bell Debra Buckner Cindy Walker Brandon Ellison Andrea Billingsley Jimmy Hart John Montgomery Patrick Moore Rhonda Cole Sandra Cawyer David Thompson Bill Hollenbeck Angela Hill Debbie Cross National Association of Counties (NACo) Board Affiliations Judy Beth Hutcherson: NACo board member. She is the Clark County Treasurer and president of the AAC Board of Directors.
Debbie Wise: NACo board member. She is the Randolph County Circuit Clerk, vice president of the AAC Board of Directors and chair of AAC’s Legislative Committee.
Ted Harden: Finance & Intergovernmental Affairs Steering Committee. He serves on the Jefferson County Quorum Court.
Kasey Summerville: Finance, Pensions & Intergovernmental Affairs Steering Committee. She is the Clark County Assessor.
David Hudson: Vice Chair of NACo’s Justice and Public Safety Steering Committee. He is the Sebastian County Judge and member of the Rural Action Caucus Steering Committee.
Barry Hyde: Justice and Public Safety Steering Committee. He is the Pulaski County Judge.
COUNTY LINES, WINTER 2016
Providing for counties’ most valuable resource
Director’s Desk
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ou’ve probably seen it as you drive on our roads. The non-descript semi is followed by Chris Villines a trailer with the rather large words that say, AAC “OUR MOST VALUABLE RESOURCE Executive Director SITS HERE.” An arrow points at the driver’s seat. Crete Carrier is the company that owns and hauls these trailers, and every time I see one I can’t help but think that this company is getting things right. This statement resonates with me, and I’m sure many of you as well. If county courthouses in Arkansas were painted with proclamations, many would have the same message with arrows pointing to all of Arkansas’ fine county employees. There are 15,000 people employed by the counties of Arkansas and another 7,000 or so working the polls. As one of the state’s largest collective employers, we find ourselves fighting hard to hire good people and keep them on board in jobs that are maligned by the press and unappreciated by many constituents. Often underpaid for the skill sets and work ethics that they possess, our county employees are far and away the most valuable resource in county governments. What is special about this is not only the great employees we have, but also the fact that as employers our county and district officials recognize this fact and treat their county workers with respect and appreciation. As a result, many workers are life-long partners with the county, working to retirement with a focus on customer service and respect toward our residents — the three million or so Arkansans we serve. The motivation for long-term employment comes not from money or prestige. Instead it comes from the simple satisfaction of working for the county and being in a position to help those who come in to our offices with basic needs. I am reminded of a story that Zig Ziglar told and retold to millions through the years: In the 1950s, an incident took place on a sweltering summer afternoon alongside a railroad track where a crew of workers was doing some repair work. A train came chugging down the track and pulled off on a side rail. A window opened and a voice — a man’s voice — shouted out, “Dave! Dave Anderson, is that you?” It was; in fact, Dave Anderson was in charge of the crew. >>> 7
Director’s
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“Yeah, Jim, it’s me,” he shouted back. The man on the train, Jim Murphy, yelled out, “Well, come on over here and let’s chat a while.” So Dave stopped what he’d been doing and joined Jim Murphy in his private air-conditioned railroad car for almost an hour, no doubt happy to get out of the broiling sun. When the conversation ended, he made his way back to his crew working on the track. The flabbergasted crew stared at him in utter shock and said something to the effect of, “That was Jim Murphy, the president of the railroad.” “Yup, it sure was,” Anderson said. They all gathered around and excitedly wanted to know how Dave knew Jim Murphy, the president of the railroad, to say nothing about he got to be such good buddies with the man and on a first-name basis to boot! Dave explained: “Well, it’s quite simple — when I started with the railroad over 20 years ago, Jim Murphy started at the same time; we’ve been pals ever since.” Now the crew is astonished as much as they are confused. They want to know how it is that Dave and Jim Murphy started working for the railroad at the same time and Murphy rose to such dizzying heights while old Dave is still working on the track in the hot sun. How in God’s name did that happen? Dave looked wistfully up into the sky and said, “A little over 20 years ago Jim Murphy went to work for the railroad; I went to work for a $1.75 an hour.” Many of our county officials and managers started as county employees some years ago. They have moved up in the ranks because they didn’t go to work for a salary — instead they went to work for the county and the greater purpose that it represents. I have been so proud to have worked with many of you through my years in county government, and I can attest that the collective people in county government in this state are by far the best resource we’ve got. With this said, I’ve taken some time to reflect on our role at the association and how we can help each of you recognize this valuable resources. In many of our counties the pay has been flat and benefits have stagnated, a problem amplified in the public sector during trying economic times. Unfortunately this does not mean that costs haven’t risen, nor does it mean that private sector jobs might not look more appealing. Bottom line is that in county government, we have to focus improvement on those things that we can control. And the AAC has been hard at work in five areas that have been or will soon be introduced to help make county jobs appealing and to improve the lives of those who work for counties: • Benefits Program — In existence for a few years, our benefits program utilizes the buying power of 15,000 county employees, 7,000 poll-workers and another 15,000 volunteer firefighters to obtain discounts for group members. You can best access member benefits by going to the www.arcounties.org web site and clicking on “Publications Library.” The directory of AAC 8
member benefits is the first publication that appears in the library. Next time you interview for a position in your office, make sure you have a copy of this with you. There are very few employers in this state that can offer the discounts to employees that we have put together. This program works! • Wellness Program — Our Member Benefits Manager Becky Comet has promoted physical wellness to county employees through our magazine and directly through speeches and an annual “Biggest Loser” competition. Few folks around the state have access to such an inspirational resource as Becky, and with her help our county employees have lost tons and have been motivated to keep wellness as a priority. • Financial Wellness — We have reached out to Ramsey Solutions about a potential partnership with Dave Ramsey’s company on a financial wellness curriculum. Many of you are aware of this group’s outreach through financial peace avenues — but did you know they also have a plan dedicated to government employees and used throughout the country? We will soon be working with them. More to come on this front. • Emotional Wellness — Emotionally, government jobs can be extremely draining … from the 9-1-1 operator fielding terrible phone calls to the deputy working horrible scenes. Unfortunately even our office jobs attract those who take extra liberties to fuss at us simply because taxes and potholes are disagreeable to them. We have worked hard to make mental health a portion of the conference curricula, whether it is your individual association conference or the AAC annual conference. Additionally, we have worked closely with Southwest Employee Assistance Program (EAP) to provide a low cost benefit that we will begin sharing with our counties in the coming days. Already used in Pulaski County, this could be a valuable and cost effective benefit to counties that choose to team up. More to come on this front as well. • Management Guidance — Nothing helps an office atmosphere like good management. Your employees look up to you as office managers and elected officials, and it is important to utilize good tools in order to be effective. We will do our part by working to bring you new conference programs which might help on this front, and we have already teamed up with such a speaker for some upcoming events. The simple best benefit for good employees is to be led with respect and care, and we want to make this possible with both speakers and an abundance of material on the matter. I am excited about new tools on the horizon. As servantleaders you all have a heart to help the people of your county, and those who work for you are an extension of this spirit. I encourage you all to take some time to also serve those who work for you. Think outside the box about those benefits you can offer that make your office environment one that acknowledges the greatest resource you have … county employees. COUNTY LINES, WINTER 2016
AAC
Family & Friends
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Counties working in unison to address chain of challenges
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he Association of Arkansas Counties board of directors is a diverse group when it comes to their varied roles in their respective constituencies. As many of you know, the AAC board is comprised of representatives from each of our member associations — judges, collectors, circuit and county clerks, treasurers, sheriffs, assessors, justices of the peace and coroners. Collectively, these offices deliver necessary and critical services to their counties. As a board, they serve all the counties in the state of Arkansas, and I think they do a wonderful job. I’ve said it before and will say it again, “I’m absolutely honored to serve the counties of Arkansas as their AAC board president.” I’ve witnessed the board work through complex and dynamic issues facing our state and counties and look forward to what we will accomplish together in 2016. We will certainly have a fiscal session this April, and it appears we will see a couple of special sessions aimed at addressing major issues for our state. We could liken these challenges to a chain because every link depends on the other. It has become evident that Arkansas Works (Medicaid expansion and the private option) will have to be settled before the state can really work on the numerous other links or pressing issues. In our estimation, highway and road funding is the second link in this current chain of challenges. And the state is not the only entity with substantial bumps on this road. Counties have significant needs in maintaining their network of rural roads and bridges. We will continue to educate about the importance of these critical paths for our school traffic, farm-to-market infrastructure and rural residents. Did you know that according to a recent study there are 1,196 obsolete or structurally deficient county bridges in Arkansas? I would also include the criminal justice system and jail and prison overcrowding as a third link, if you will, on our chain of challenges. The Council of State Governments Justice Center recently reported that Arkansas has the fast-
We want your news COUNTY LINES, WINTER 2016
President’s Perspective
est growing prison population in the country. We also own one of the highest recidivism rates in the nation at 48 percent. In the last several months, counties have experienced some immediate relief from the county jail backup, and Judy Beth Hutcherson we are thankful for the governor AAC Board President; and the state for understandClark County Treasurer ing the crisis in our local jails. However, the solutions to our state’s prison and jail overcrowding cannot come to fruition until our prison growth and recidivism rate issues are fully understood. Counties will be working with the Council of State Governments Justice Center to dig deeper into the county factor before the center presents its next report in March. By the way, it is no coincidence that Gov. Asa Hutchinson established task forces or working groups on all three of these challenges in the last session. The administration knew that these three main links were keys to Arkansas’ future. We will continue to partner with the administration and leadership on these challenges as well as others. Thank you to all the county officials across the state who serve so diligently and selflessly for the betterment of county government and all Arkansans.
Judy Beth Hutcherson Clark County Treasurer / AAC Board President
Judy Beth Hutcherson
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. 9
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Family & Friends
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Taking precautions against Zika
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here have been a lot of questions surrounding the recent outbreak of Zika virus. As governor, I value the health and safety of all Arkansans and want to do my part to provide people with information about how to help prevent the virus from spreading. The Arkansas Department of Health is working to promote greater awareness of Zika, evaluating people who may have been exposed to Zika and working with national experts, including the Center for Disease Control, to stay up-to-date on the latest information. The Department of Health is also studying mosquitos in various parts of the state to see where to best direct mosquito control efforts. In Arkansas we have had only one case, and that was from someone who traveled to an area where Zika infections are occurring. We have not had any evidence of Zika spreading in Arkansas. Here’s what we know about Zika virus: In May 2015, Zika first appeared in Brazil. Since then, it has spread to Central and South America, as well as to the Caribbean. Zika virus is spread mainly through mosquito bites. The primary symptoms are fever, rash, joint pain and red, itchy eyes. These symptoms are usually mild and last up to a week. However, many people who become infected with Zika virus experience no symptoms at all. Zika poses the greatest risk to unborn babies of mothers who become infected with the virus. There is evidence suggesting Zika is linked to birth defects, so women who are pregnant or may become pregnant should take precautions and avoid
From The
traveling to areas where Zika is Governor present. Here’s what you can do to prevent the spread of Zika virus in your hometown: As the weather gets warmer and mosquitos become more rampant, use insect repellants containing DEET, picaridin, IR3535 or oil of lemon eucalyptus. When outside, wear long-sleeved shirts and long pants. When indoors, make sure Hon. ASA your window and door screens are HuTCHINSON keeping mosquitos out. Also, empty Governor of Arkansas standing water near your home from containers like flowerpots or buckets to prevent mosquitos from breeding. For more information about Zika virus and what you can do to help prevent it from spreading, please visit cdc.gov/zika or call the Arkansas Department of Health at (501) 661-2000.
Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas
Governor ties highway funding to Arkansas Works Gov. Asa Hutchinson on Jan. 19 unveiled a plan he said would generate $750 million for highway projects over the next decade without raising taxes or fees. He said he will ask the state legislature to support directing a combination of surplus funds and general revenue to the Arkansas Highway and Transportation Department. This move would allow the department to provide matching funds for about $2 billion in federal highway money over the next 10 years. In a later news conference, the governor tied the highway funding plan to his Arkansas Works plan, which would expand Medicaid in Arkansas. Without the federal funding for Medicaid, the state would have no surplus funds to direct to highway projects. The governor has called for a special session of the legislature to consider healthcare reform prior to the April 13 start of the fiscal session. A second special session for the legislature to discuss highway funding also is likely to occur. COUNTY LINES, WINTER 2016
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AAC
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AG Opinions: Running for two offices to municipal property
AG OPINION NO. 2015-138
The Attorney General addressed whether a candidate can run simultaneously for the office of county treasurer and constable. The AG was requested to interpret Act 1471 of 2013, ACA 7-5-111, which provides: “A person shall not run for election for more than one (1) state, county or municipal office if the elections are to be held on the same date.” The AG determined that the office of constable is a township office, not a state, county or municipal office. Therefore, a qualified and eligible person may run as a candidate for constable, a township office, and simultaneously run for a state, county or municipal office. The AG noted, however, that this does not necessarily mean that a person may simultaneously serve as a constable and a state, county or municipal elective office due to potential conflicts of interests or incompatibility under the constitution or law.
AG OPINION NO. 2015-128
The AG was requested to determine whether a non-management public employee may run as an independent candidate or partisan candidate for elective office. The AG noted that the law generally protects public employees’ right to run for office. See ACA § 21-1-207, which affirmatively provides: “No employee of the state, a county, a school district, or other political subdivision of the state shall be deprived of his or her right to run as a candidate for an elective office … unless as necessary to meet the requirements of federal law as pertains to employees.” The AG explained that the federal law commonly referred to as the “Hatch Act,” 5 U.S.C.
We want your news
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15-1, et. seq., provides an exception that prohibits certain public employees from running for public office that are: (a) employed by “the executive branch of a State, municipality or other political subdivision of a State, municipality, or political subdivision” and (b) “principally employed in connection with activity which is financed in whole or in part by federal loans or grants, etc.”
AG OPINION NO. 2015-100
The AG explained some important rules of the Arkansas Public Employees’ Retirement System (APERS) and the Deferred Retirement Option Plan (DROP). The AG explained that where a county elected official entered into the APERS DROP in June 2009 the DROP ends at the expiration of seven years, June 2016. Such a retiree must be off work 90 days before this person is permitted to return to employment. The AG explained that the period between termination of employment that APERS uses is the period of separation that was in effect at the time the official joined the APERS DROP. The AG explained the definition or requirements for termination of employment for an elected public official as follows: (a) the member has resigned, been removed or otherwise no longer holds the elected position; (b) a complete severance from the elected position has occurred; and (c) the member has ceased performing any services in his or her elected position, except for non-compensated functions related to the transfer of the duties or the transfer of the position itself. The AG further explained that the law and rules were changed in 2011, and an official or person that enters the DROP
AG Opinions
after February 2011 is not eligible for employment in any position covered by APERS or several specified state reMark Whitmore tirement sysAAC Chief Counsel tems. {APERS laws, rules and regulations are complicated and ever changing. AAC staff do not provide retirement advice or legal advice related to APERS, etc. Act responsibly for your retirement planning, and please be sure to consult APERS counselors while planning your retirement.}
AG OPINION NO. 2015-010
The AG explained the disposition of real, personal or mixed property of a city of the second class or an incorporated town upon surrender or revocation of their municipal charter. Under ACA § 14-39-102 and 103, the property of the former city remains public property and becomes property of the state; and the county court where the extinct city is situated takes possession, custody and control of the property on behalf of the state. {Proceedings for surrender or revocation of a charter for a city of the second class or incorporated town are to be instituted by the prosecuting attorney before the county court. The Governor shall also appoint a receiver to collect back taxes for the extinct city and report to the circuit court settlement of all claims against the city.}
Did an aspect of county government “make news” recently in your county? Did any of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail csmith@arcounties.org.
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NACo conference takeaways
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n late February, it was warmer in Washington, D.C., than it was in the Natural State. That fact was certainly not what people participating in national fly-in season in the nation’s Capitol have come to expect every year. Every February countless entities from the private and public sectors descend upon Washington, D.C., generally as part as one of their respective national organizations’ annual meetings. However, securing face time with Congressional delegations while in town is a top priority for the majority of those who make the trip. The National Association of Counties (NACo) hosted its annual legislative conference Feb. 20-24 this year. The governors and attorneys general from across the country were also holding meetings at this time, as well as Leadership Arkansas just to name a few. The NACo legislative conference offered a plethora of educational opportunities on various topics such as federal rule making, crisis response, criminal justice reform, rural poverty, highway funding and a multitude of federal legislative priorities. As usual this NACo conference offered a fairly rare opportunity to network with a diverse collection of county officials from across the U.S. I always enjoy learning about other state’s county governments, especially when it comes to our differences, similarities and challenges and successes. There’s much to learn from our country’s 3,069 counties. The AAC and attending county officials met with most of our Congressional delegation face to face during our visit and were very appreciative to have the opportunity to build on our partnerships. The following is a list of national legislative priorities and accompanied data:
locating more funding for locally owned infrastructure, increasing local decision making authority, prioritizing investments that increase safety, as well as continuing to urge Congress to resolve the long-term solvency of the Highway Trust Fund. Quick facts: Counties own 45 percent of all public road miles and 38 percent of the nation’s bridge inventory. In Arkansas, a recent study found that out of the 4,307 county road bridges in the state, 1,196 are deemed obsolete and deficient. Replacement costs alone for those bridges are estimated at more than $480 million.
Achieve mental heath and criminal justice reform Counties support programs and legislation to reduce mental illness in jails through diversion and provide appropriate treatment to those in custody. The Arkansas Sheriffs Association, County Judges Association of Arkansas and AAC have been engaged in hosting meetings about crisis stabilization units in Arkansas. We are hopeful for a pilot project in the state going forward. Many of our leaders have visited the very successful program in San Antonio, Bexar County, Texas. On a global perspective, we support measures that maintain funding for the Substance Abuse and Mental Health Services Administration (SAMHSA) block grants. Quick facts: About 8.5 million adults have both a mental health and substance abuse disorder. Arkansas has a 48 percent recidivism rate and 64 percent of jail inmates have a mental illness.
Preserve county interests in Waters of the U.S. regulations Counties believe that local streets, gutters and human-made ditches should be excluded from the definition of “Waters of the U.S.” (WOTUS) under the federal Clean Water Act. Counties call on Congress to require the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers to withdraw the new WOTUS rule and rewrite it in consultation and collaboration with state and local governments. In Arkansas, the Nature Conversancy and the AAC and CJAA have created an Unpaved Road Users Program focused on being proactive about best practices for rural roads and sedimentation. The effort was recognized with a Regional Director’s Award from the U.S. Fish and Wildlife Service.
Support Marketplace Fairness Act Counties support legislation to permit the collection of existing sales and use taxes from remote sellers. The issue of taxing remote sales has escalated in recent years due to the Internet’s growth as a retail marketplace. As a result, state and local governments have lost billions in uncollected sales taxes and main street businesses find themselves at a significant competitive disadvantage to online merchants. Quick facts: Nationally, an estimated $26.1 billion is uncollected on these Internet transactions. We estimate $150 million a year in Arkansas. Promote county priorities in surface transportation implementation Counties will work to ensure that the new surface transportation law is implemented to reflect county priorities, including alCOUNTY LINES, WINTER 2016
Scott perkins
Legislative and Communications Director
Support PILT and SRS Counties support restoring full mandatory funding for the Payments in Lieu of Taxes (PILT) program, which compensates counties for tax-exempt federal land within their boundaries. We also support extending the Secure Rural Schools (SRS) program as a transitional funding mechanism until the federal government fully implements a sustainable long-term forest management program with adequate revenue sharing for forest counties and schools. Quick facts: Sixty-two percent of the country’s counties have federal land within their boundaries. In 2013 in Arkansas, PILT funding totaled about $5.8 million.
Combat overly broad critical habitat designations under the ESA Arkansas has more than 30 more aquatic species to be considered for critical habitat designations. We oppose the economic impact analysis threshold within the ESA of 1973 Our first experience with this ruling— Rabbitsfoot Mussel and Neosho Mucket — cost AAC and a statewide coalition considerable expense and resources to earn a 27 percent reduction in the suggested habitat areas. We know it is only a matter of time until the next overreach is upon us. Protect municipal bonds Counties support preserving the federal deductibility of local property and income taxes and the tax-exempt status of municipal bonds that provide critical funding for public facilities, infrastructure and development. Quick fact: Almost 75 percent of infrastructure projects are made possible through bond financing. 13
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The major challenges ahead and overcoming the ‘silo mentality’
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rkansans, county officials, the governor and General Assembly have several major challenges ahead. The mega issue consuming most of the oxygen at the state Capitol is addressing the issues on Medicaid, the governor’s Arkansas Works plan. Gov. Asa Hutchinson has called a special session beginning April 6 to consider adoption of Arkansas Works, his plan to use federal Medicaid dollars to purchase private insurance for Arkansans with incomes up to 138 percent of the poverty level. This plan is the result of the work and recommendations of the Health Reform Legislative Task Force. During the County Judges’ Association of Arkansas Annual Winter Conference, the state Surgeon General, Dr. Gregg Bledsoe, kindly accommodated the CJAA request for a presentation on Arkansas Works. He illuminated the innovations of Arkansas Works and negotiations between the state and U.S. Health and Human Services Secretary Sylvia Mathews Burwell. He also conveyed the significant hole in the state budget that will be created if Arkansas Works fails to be adopted and funded by the General Assembly. Gov. Hutchinson addressed the task force on Feb. 17 and explained that rejecting Medicaid expansion would create a deficit in the state budget in excess of $100 million. He explained that these cuts would be across the board: health-care services, public safety and education. He reiterated that in the absence of a new tax these cuts would also prevent the adoption of the new highway program. (Watch the governor address the task force at https://www.youtube.com/watch?v=aRPJldZMoLs). Addressing the road and bridge funding needs for the state, cities and counties is anticipated to be on the call for a separate special session following the 2016 fiscal session. After years of holding federal funds for roads and bridges flat, the U.S. Congress adopted a five-year federal transportation authorization that will provide the Arkansas State Highway Commission (ASHC) access to an additional $200 million in federal funding. This massive infusion of additional federal funding of a billion dollars over the next five years for our state highways is subject to a mandatory state match — $50 million dollars in state funding for each of the state fiscal years (FY) 2016 through 2021. Scott Bennett, director of the Arkansas State Highway and Transportation Department, attended the CJAA winter conference and explained the governor’s funding plan and also the ASHC plan for use of these much-needed funds. Bennett’s address underscored that the ASHC plans to use 80 percent of the funds on preservation. He further related the ASHC plan to use $450 million on bridge projects, including functionally deficient bridges, and the plan to use $250 million on safety measures. Taxpayers, businesses, farmers and industries that use the 7,000 to 8,000 miles of rural state highways should be assured that these plans 14
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anticipate those highways to be maintained. Surely, an infusion of an additional $250 million annually will eliminate any talk in the future of transferring rural state highways built by the ASHC to counties. For FY 2017 the governor’s plan is to appropriate: $20 million Mark Whitmore from his Rainy Day Fund; $20 AAC Chief Counsel million from unobligated surplus funds from FY 2015; $5.4 million historically deducted for State Central Services from the ½-penny sales tax on roads; and $4 million from the diesel tax (redirected from general revenue). (See the governor present his highway funding plan at https://www.youtube.com/watch?v=SI56ot788rg). Currently, the governor’s plan provides for the cities and counties to receive the traditional share under the 70-15-15 split for the $4 million of revenue redirected from general revenue derived from the tax on diesel fuel. By embracing the traditional 70-15-15 split and rejecting notions about transferring thousands of miles of state highways to counties, the governor has apparently recognized the long-standing coalition between the state and counties. However, for FY 2017 through and including 2021, the governor is proposing redirection of general revenues commencing at $1.5 million in FY 2017 and growing to $25 million in FY 2021. The CJAA and AAC hope to impress upon the governor and members of the General Assembly the basis for the revenue sharing. We have a system of state and local roads and bridges essential for our citizenry and vital for the state’s economy. The largest industry in Arkansas is agriculture, livestock and poultry, which are estimated to represent approximately $20 billion to the economy in Arkansas. CJAA President and Sebastian County Judge David Hudson has made it clear that the CJAA wants to continue to be a partner with the state. As stated by the Governor’s Working Group there is a dire need for additional revenues for the maintenance of our state and local roads and bridges. To further document those needs, the CJAA recently procured an estimate by an experienced civil engineer of the costs of maintaining and replacing the thousands of county bridges in Arkansas. The report focused on 778 functionally obsolete county bridges and 418 structurally deficient county bridges. The engineer reported more than $480 million in total bridge replacement projected cost. The report also calculated annual bridge maintenance cost at nearly $1.5 million per year. The engineer determined that 48 percent of these county bridges are load limited at 15 tons and are school bus safety status bridges COUNTY LINES, WINTER 2016
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that will not allow for use by school buses. The estimated the Justice Reinvestment in Arkansas. He will be gathering replacement cost for these bridges is more than $230 million. data in Arkansas and periodically reporting to the Legislative It is evident that the future of Arkansas necessitates that the Criminal Justice Oversight Task Force. He recently alerted state and counties continue our long-standing partnership the task force and Arkansans to the fact that Arkansas is No. in seeking revenues necessary to maintain our state and local 1 in the nation in corrections growth. system of roads and bridges. As of Tuesday, March 1, 2016, the number of state inmates Polk County Judge Brandon Ellison prepared an excellent in our county jails is approximately 1,000. It is imperative analysis of gravel road maintenance cost based upon his that the state place adequate funding for holding state experience with 1,000 miles of gravel county roads and inmates in these state budgets. All tools must be available, concluded that the projected annual maintenance based including appropriating adequate funds for holding more upon 1,000 miles of county gravel road at $2,564 per mile. state inmates out of state; for the construction of additional Finally, Dr. Stacy Williams with the University of Arkansas and appropriate state beds; re-entry beds; and diversion of low provided a cost of $5,000 per mile of paved roads for annual level misdemeanor drug and alcohol abuse offenders and the county road maintenance. The CJAA has estimated that annual road maintenance costs for county roads (paved and mentally ill. Please contact your legislators and make sure they gravel) is more than $150 million. Documentation of these are engaged. We can’t afford to have our local jails full of state annual maintenance and repair costs supports the conclusions prisoners. The local taxpayers should be able to have the use of the Governor’s Working Group that current revenues are of their local jail for its intended purpose: a local jail. The CJAA winter insufficient to keep up conference also included with maintenance. a presentation by DHS As a result of Director of Behavioral Amendment 86 of the he ‘silo mentality’ is a failure to share informaServices Charlie Green. Arkansas Constitution, He stated that regional the General Assembly tion or work outside a narrow task. Resistance crisis units and crisis is charged with the responsibility to adopt services are a priority for to change and the ‘silo mentality’ are frequently cited reasons DHS. Several regions an annual budget for FY 2017. During are actively seeking a for failures in corporations or government agencies. the fiscal session, partnership with the state major appropriations and their community concerning the for a regional crisis unit. Arkansas Department A heroine epidemic of Corrections (ADC), has gripped the nation, Arkansas Community Correction (ACC) and the Arkansas including Arkansas. AAC, the Arkansas Sheriffs’ Association Department of Human Services (DHS) must be adopted. and the Community Mental Health Council have been These state budgets collectively will necessarily address — or advocating for crisis units and crisis intervention training fail to address — prison and jail overcrowding, behavioral for four years now. However, during that time the General health and conveyance of medical services for inmates under Assembly has cut funding to our community mental health the 90-day Medicaid reach back, etc. One of the biggest headwinds for policy makers and for clinics by more than $8 million. The Arkansas Constitution, Article 19 §19 directs, “It shall state executive officials in addressing these major issues will be the duty of the General Assembly to provide by law for the be breaking down the barriers, such as the “silo mentality.” support of institutions for the … treatment of the insane.” The “silo mentality” is a failure to share information or Budget hearings are approaching and offer the exact time at work outside a narrow task. Resistance to change and the “silo mentality” are frequently cited reasons for failures in which state officials convert their talk into action. Please engage corporations or government agencies. The General Assembly your legislators. Ask them to assure that DHS’ priority for has called upon the Council of State Governments to assist regional crisis units in Arkansas are realized. How much longer in researching the needs in the criminal justice system and will public safety and public health priorities be pushed down the reinvesting those substantial taxpayer funds in a more prudent road? It’s undisputed that money spent on regional crisis units is manner. Council of State Governments Research Manager money well-spent in any state — even more so in the state ranked Andrew Barbee spoke at the CJAA winter conference about 50th in mental health and first in corrections growth.
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Report shows county circuit court deficit
Governmental Affairs ast August Legislative Audit contacted the Associa- courts to appropriate dollars from
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tion of Arkansas Counties to discuss the cost of circuit courts. June Barron, deputy legislative auditor for counties and municipalities, met with us to develop a plan for all 75 counties to report their findings. This was one of June’s last big projects with the counties. Since the completion of this project, June retired and was succeeded by Marti Steel. The AAC would like to thank June for her service to the counties and the dedication she has shown to the state of Arkansas. We understand the importance of having a good working relationship with Legislative Audit and have confidence in Marti moving forward. Legislative Audit was tasked by the legislature to produce a report with information regarding the structure and history of the Arkansas Supreme Court, court of appeals and circuit courts. The revenues and expenditures were broken down into three separate categories: state, county and prosecuting attorney. Annualized revenues for the state’s trial and appellate courts totaled $166.2 million, while annualized expenditures totaled $201.8 million. Of course, the state’s revenue is the largest coming in at $142,633,153, with $132,781,697 in expenditures. The large majority of these expenditures are salaries for prosecuting attorneys, deputy prosecuting attorneys, circuit judges and public defenders. Prosecuting attorney revenues consist primarily of hot check fees and drug-control funds. Their revenues totaled $5.1 million, with $5 million dedicated to expenditures. These expenditures include general office expenses, victim witness assistance and violence against women. All of the revenue mentioned above is dedicated to each respective entity, and you may notice that the revenue covers all expenditures. The county revenue and expenditure report paints a different picture. County revenues totaled $18,379,069, with expenditures totaling $64,060,086. The dedicated revenue amount includes $13.7 million in circuit court fines, fees and costs retained by the counties, $1.8 million in prosecuting attorney-related fees and cost and $1.5 million in fees and cost related to public defenders. Expenditures include any costs accrued by the county towards circuit court. As a result of Amendment 80, circuit courts became the general jurisdiction trial courts for the state, hearing civil, criminal, domestic relations, probate and juvenile cases. As you can see, the counties dedicated revenue comes up short to the tune of $45.7 million. This deficit is primarily absorbed through the counties’ general funds (county general). If you follow the state legislature, the acronym GR (general revenue) comes up a lot. This base revenue is what most services are funded from, and it’s always a fight to redirect any GR. County quorum courts have to be careful, as well when appropriating out of county general. The best words a justice of the peace can hear are, “This does not affect county general funds.” One fund that helps out on the lack of dedicated revenue towards circuit court is the county recorder cost fund. This fund was set up to purchase, maintain and operate an automated records system (ACA 21-6-306). The word operate allows quorum 16
this fund at the discretion of the recorder to salaries of employees who operate circuit court. This fund alone cannot cover the $45.7 million deficit the counties have to navigate to operate the court system. I testified in front of the Legislative Joint Audit Committee on this report in December. Most of the questions stem from the topic of fine collection. Josh Curtis A substantial portion of the state and Governmental Affairs county revenue comes from fine colDirector lection. Counties can handle fine collection in many different ways. The quorum court of each county of the state shall designate a county official, agency or department that shall be primarily responsible for the collection of fines assessed in the circuit courts of this state (ACA 16-13-709). It’s common for the collection of fines assessed in circuit court to be assigned to the sheriff, prosecutor or the circuit clerk. Other counties may have the collector, treasurer or county clerk designated to collect fines. The AAC is currently looking at ways to streamline fine collection. This would include a partnership with the counties to increase fine collection. One other fact this report points out is the money that flows from the county aid fund to pay for deputy prosecuting attorneys. Throughout the year, funds are transferred from the county aid fund to the Auditor of State for payment of deputy prosecuting attorney salaries (approximately 20 percent). The county aid fund was cut by 1 percent last session, however it turned out that it was a little more than a percent due to this $5 million going directly toward salaries of deputy prosecuting attorneys. This cut was manageable due to the increase in the county jail reimbursement rate. State revenue outweighs expenditures by nearly $10 million. This would be the perfect time to transfer the responsibility of deputy prosecuting attorney salaries directly to the state. Counties bear the burden in lack of revenue, and the state is $10 million in the black. Shifting this responsibility would go a long way in helping the counties pay for circuit court. I would like to thank the counties for the timely response they provided for this report. The county treasurers, clerks and circuit clerks all contributed to the results of this report.
On the Web:
Look for the Arkansas Legislative Audit Special Report “Information Regading the Arkansas Supreme Court, Court of Appeals and Circuit Court” at www. arcounties.org. Search “Court.”
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Public meetings under FOIA: Can we talk about that?
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he state of Arkansas touts one of (if not the) toughest, most comprehensive Freedom of Information Acts (FOIA) in the country. Adopted on Feb. 14, 1967, and amended numerous times since, the law remains strongly in favor of government transparency and widespread public access to governmental or public information. Arkansas FOIA focuses primarily on two areas: public access to public records and public access to meetings of governing bodies. This article will focus on the latter. ACA 25-19-106(a) mandates that, absent an exception in the law, “all meetings, formal or informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas, . . . supported wholly or in part by public funds or expending public funds, shall be public meetings.” The law then sets forth certain public notification requirements for these meetings and carves out some very limited exceptions for private “executive sessions,” mostly for certain personnel-type issues. Where county government is concerned, most meetings of a governing body under the purview of Arkansas FOIA involve members of the quorum court, the county’s legislative body. Because certain provisions of Arkansas FOIA are fairly vague as written, the Arkansas courts have inserted their opinions as law in these ambiguous situations. One common question the courts have faced is exactly what constitutes a “meeting” of a governing body. “Meetings” Involving More than One Quorum Court Member It is well-settled that whether in person, over the phone, via e-mail or otherwise, the correspondence of one quorum court member with one or more other quorum court members can constitute a “meeting” that must be made public under FOIA. In El Dorado v. El Dorado Broadcasting Co. (1976), the Arkansas Supreme Court reasoned that ACA 25-19-106(a) was undoubtedly intended to cover “informal but unofficial group meetings for the discussion of governmental business” as opposed to the everyday interactions that occur in every public official’s life. The court went on to say that FOIA applied to “any group meeting called by the mayor or any member of the city council [also being equally applicable to the county judge or any member of the quorum court] at which members of the city council, less in number than a quorum meet for the purpose of discussing or taking any action on any matter on which foreseeable action will be taken by the city council.” Two points are worth noting: first, the court effectively ruled that any discussion involving more than one member of a governing body can be subject to FOIA. It need not involve a quorum, or a committee — a phone or in-person discussion between two quorum court members can constitute a meeting subject to FOIA. Second, as between quorum court members, the matter COUNTY LINES, WINTER 2016
Legal Corner
discussed need not be an item listed on the next meeting’s, or any upcoming meeting’s, agenda to be subject to FOIA. Any matter “on which foreseeable action will be taken,” or any matter that the quorum court will likely address by a vote in the future, is enough to subject the discussion to the public meeting proLINDSEY BAILEY visions of FOIA. The court’s strong General Counsel language in this case makes the discussion of current or potential future county business between two or more quorum court members clear cut — it must comply with FOIA public meeting provisions. “Meetings” Involving the County Judge and an Individual Quorum Court Member Less clear is the blurred line at which a discussion between a county judge and single quorum court member becomes subject to FOIA public meeting provisions. In 2004, the Arkansas Supreme Court took up a FOIA case, Harris v. City of Fort Smith, when a city administrator learned that certain property was to be auctioned and contacted each city board member individually to “poll” the members of their approval or disapproval of the city purchasing the property. The court held that this one-on-one polling by a city administrator of city board members constituted meetings that should have been subject to FOIA public meeting provisions. The court said that the use of the city administrator as an intermediary for communications between city board members did not alter the actual character of the work, to reach a decision of the board. While Harris focused on the communications between a city administrator and city board members, a reasonable parallel can be made to communications between a county judge, who presides over the quorum court, and member(s) of the county quorum court and a county judge. Therefore, an Arkansas court would likely rule that a county judge communicating with one or more quorum court members for the purpose of “polling” them or gauging approval of a particular matter of county business would be subject to FOIA public meeting provisions. On the other hand, in 2012, the Arkansas Supreme Court handed down a ruling in McCutchen v. City of Fort Smith that somewhat narrowed the standard set forth in Harris. Like Harris, McCutchen also dealt with communications between a city administrator and individual city board members. However, unlike the situation in Harris, the communications in McCutchen did not include any kind of polling of the board members or seeking of their approval. Instead, the city administrator issued a memoSee
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FOIA randum, draft ordinance, and “other documents” to five out of seven board members before a “study session” of the board, “at which the proposed ordinance would be discussed but not voted on.” Although approval was not solicited by the city administrator, upon the memorandum’s delivery, two members expressed their favor for the ordinance, and two expressed disfavor. The ordinance was discussed at the subsequent study session, but was never placed on the agenda of a regular meeting for a vote. McCutchen alleged that the city administrator held a series of private individual meetings with board members to attempt to influence their decisions about this proposed ordinance, in knowing violation of Arkansas FOIA public meeting provisions. However, the court held that although the memorandum contained a draft of the proposed ordinance, went as far as to recommend approval of the ordinance, and even though some board members offered their opinion regarding the ordinance, the city administrator had not polled the members or attempted to “obtain approval of action to be taken by the Board as a whole.” Rather, the court found that in McCutchen, the purpose of distributing the memorandum was to “provide background information on an issue that would be discussed at an upcoming study session,” noting that there was no evidence that the issue was debated or further discussed prior to the public study session and also no evidence that the board members ever discussed the issue among one another prior to the study session. Like the Harris ruling, the McCutchen ruling would likely be applied similarly to a county judge/quorum court member situation. Therefore, after the McCutchen ruling, the clear law set forth by the Arkansas Supreme Court concerning communications outside of a public meeting between a county judge and quorum court members are: •
A county judge may not privately “poll” or seek approval or disapproval over a matter of business that will be before the quorum court for a vote, even if this polling is done on a one-on-one basis. This situation would be subject to the FOIA public meeting provisions.
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It is permissible for a county judge to disseminate background information to quorum court members on a matter that will be before them for study purposes only, but not to poll, debate or further discuss the matter outside of a proper public meeting.
There are several instances that fall in between these two situations that the court has not yet specifically addressed, for exam-
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ple: whether in McCutchen the court might have found a FOIA violation if the matter had been one coming before the board for a vote rather than merely a non-voting study session. The clear lines regarding communications between a quorum court member and county judge have been drawn, while leaving plenty of room for gray-area interpretation in between. “Meetings” Involving Various County or District Elected Officials As a general rule, the Attorney General’s office has opined in AG Opinion 97-202 that meetings involving various countywide elected officials, such as a meeting between the county judge, sheriff, circuit clerk, county clerk and assessor would not be subject to FOIA public meeting provisions. This is because this collection of officials does not make up any “governing body.” However, that group of officials could subject themselves to FOIA if the group had some actual decision-making authority, they “merely rubber-stamp the recommendations of a committee,” or more than one member of a represented governing body are at the meeting and discuss official business on which the governing body might foreseeably take action. Regarding quorum court members, this means that generally, a quorum court member discussing county business one-on-one with a countywide elected official (other than the county judge) would not be subject to FOIA public meeting provisions. However, a meeting involving two members of the quorum court and another countywide elected official probably would be subject to FOIA if the matter was one that would foreseeably come before the quorum court for their action. In conclusion, I leave you with my general advice on most any county government matter: it is better to be safe than sorry. If you have a question about whether a communication might be subject to FOIA public meeting provisions, call your county attorney and ask him or her — particularly if your county attorney is also a prosecutor, the party who brings FOIA lawsuits. Former Attorney General Dustin McDaniel named access to information in an open and public government “one of the hallmarks of a democratic society.” By following these few guidelines set by the Arkansas legislature and the courts, and avoiding the gray areas in between, we can all preserve the intention and integrity of “the people’s law.” * The most recent Arkansas Freedom of Information Handbook can be obtained through the Arkansas Attorney General’s office, either in hard copy or electronic form.
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Examining the constitutionality of courthouse religious displays
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he irony of the law of courthouse religious displays is that they are constitutional only if they have a secular (and not a religious) purpose. Religious displays erected by a county official in a public area inside or outside of the county courthouse violate the First Amendment requirement of governmental neutrality, unless: i) the display has a legitimate secular purpose, ii) the principal or primary effect of the display neither advances nor inhibits religion, and iii) the display does not foster an excessive government entanglement with religion. And, if a reasonable observer would believe that a county display constitutes an endorsement of religion by the government, then the display is not there for a legitimate secular purpose and therefore violates the Establishment Clause of First Amendment to the U.S. Constitution. The rule is different, however, for private displays on public property. Private expressions of religious belief are permitted on public property but only if all persons similarly situated, without regard to the content of religious belief, are treated the same.
General First Amendment Principles: Since Dec. 15, 1791, the U.S. Constitution has contained the First Amendment. The U.S. Constitution does not require a secular society; it does not require complete separation of church and state. Lynch v. Donnelly, 465 U.S. 668, 673 (1984) held that the display of a nativity scene by a city was constitutional because the city’s conduct was supported by a legitimate secular purpose. The Establishment Clause of the First Amendment does not require the government to be the adversary of either religious believers or non-believers; rather, it requires the government to be neutral in its relations with all religious believers and non-believers [Everson v. Bd. of Educ., 330 U.S. 1, 18 (1947)]. The Constitution “affirmatively mandates accommodation, not merely tolerance, of all religions, and forbids hostility toward any” [Lynch, 465 U.S. at 673]. “State power is no more to be used to handicap religions, than it is to favor them” [Everson, 330 U.S. at 18]. The U.S. Constitution does not require government officials to obliterate religious observances and expression from the public square. Nor does it require government censorship of religious speech. Understanding the Legal Analyses — the “Lemon” Test and the “Endorsement” Test: When a courthouse religious display is challenged in court, the judge has a duty to evaluate whether the religious display violates the First Amendment. This is done by first applying the U.S. Supreme Court’s three-prong “Lemon test” [Bridenbaugh v. O’Bannon, 185 F.3d at 802. (7th Cir. 1999, applying the test first set forth in Lemon v. Kurtzman, 403 U.S. 602 (1971)]. Under the Lemon test, courts will inquire whether: i) the challenged display has a secular purpose, ii) its principal or primary effect is to advance or inhibit religion, and iii) it creates an excessive entanglement of government with religion [Lynch, COUNTY LINES, WINTER 2016
County Law Update
465 U.S. at 679 (citing Lemon, 403 U.S. at 612-13)]. The courts look to the “endorsement” test to determine whether a reasonable observer would believe the county display constitutes an endorsement of a religion by the government. See Adland v. Russ, 307 F.3d 471, 479 (6th Cir. 2002). Employing the Lemon test, the Supreme Court, in the Lynch case, held that MIKE RAINWATER Risk Management the display is constitutional if it is Legal Counsel displayed for legitimate secular purposes, such as to celebrate the Christmas holiday season and to depict the origins of the holiday [Lynch, 465 U.S. at 681]. While the majority decision in Lynch centered on the Lemon test, Justice Sandra Day O’Connor’s concurrence in Lynch has served as the standard for seasonal displays on public property. See, e.g., Freethought Soc., of Greater Philadelphia v. Chester Co., 334 F.3d 247, 262 (3d Cir. 2003). It was her concurrence as the swing vote in the Lynch decision that created what has been known euphemistically as the “Three Reindeer Rule.” The legal name for the test is the “endorsement” test because Justice O’Connor stated that she believed the “central issue” in the Lynch case was whether the city “endorsed Christianity by its display of the crèche” [Lynch, 465 U.S. at 690]. Answering the question in the negative, Justice O’Connor found the contextual setting of the crèche amongst the other secular objects to be sufficiently secular to pass constitutional muster [Id. at 691]. The endorsement test has been cited in many other cases and has gained a wide degree of acceptance as the determining factor for public property religious displays. See, e.g., Adland, 307 F.3d 471; Elewski v. City of Syracuse, 123 F.3d 51 (2d Cir. 1997); Mather v. Village of Mundelein, 864 F.2d 1291 (2d Cir. 1989). Thus, a crucial consideration for courthouse lawn nativity scene displays is the secular context in which the crèche is placed. Simply stated, the so-called “Three Reindeer Rule” requires a county to place a sufficient number of secular objects (Reindeer and Santa Clause) in close enough proximity to the crèche to render the overall display sufficiently secular to not serve as a governmental endorsement of the Christian religion. The Lemon test and the endorsement test apply to all courthouse religious displays, not just to courthouse lawn nativity scene displays. Government Action vs. Private Expression: The Establishment Clause restricts government action; it does not apply to private religious expression. The U.S. Supreme Court has noted that “there is a crucial difference between government speech See
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Your legacy and life as a county official
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emember when you would go to bed at night as a kid thinking, “I can’t wait until I wake up.” Oh, for the attitude of a 5 year old! That simple uncluttered desire for living that can’t wait for tomorrow. I not only remember that feeling as a kid. That same feeling has prevailed through most of my professional career. It has been fun to get up in the mornings and go to work. I have truly had a blessed life. When I got into county government more than 35 years ago, I found my calling. There is no doubt in my mind that I have been serving where I was called to serve. Are you serving in the right place? I wrote a guest column for our local newspaper in December about leaving a Christmas legacy. I want to continue in that vein and use this column to talk about leading, legacy and life. Leading County officials can and should choose to lead in these difficult times. “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness ….” It seems like Charles Dickens was writing about our nation’s current fiscal and political calamities when he penned those words in 1859. We are not living in an era like the one described in Dickens’ A Tale of Two Cities, but we are certainly in the midst of great economic and political struggles. And it certainly seems that we exist in conflicted times — dysfunctional but opportunistic, frustrating and maddening, historic and challenging, with hope and despair, everything before us and nothing before us. These are tough times, and it should bring out the best attributes of a true public servant. During my long tenure as an elected official, my years as director of the Association of Arkansas Counties, and the last five plus years serving as a consultant to the AAC, it has been the tough times that have really challenged me and made me focus to find solutions. Today’s political and economic climate calls for leaders who can develop a vision to prepare our counties for the future. We need leaders who can look down the road and discern what is really important to future generations, and then articulate that vision to a public that naturally does not like taxes. The current rhetoric about taxes fails to recognize that most of the taxes we pay today at the local and state levels are an investment in our future. And many local taxes will be passed by the electorate with a well-laid plan and trusted leadership. Trusted leadership comes with always being open and honest with your constituency, not in telling them what they want to hear but rather the simple truth. The economy is better than it was for several years — but not as good as it should be or will be. It will turn around, and when it does, county governments with leadership will be prepared for prosperity. Areas in which the focus has only been on trying to make everyone feel better today will continue to suffer because they won’t have the infrastructure or the plan in place to succeed. Yes, there will always be Red Seas, Jericho Walls and Goliaths to conquer, but good county leaders can do it. As I’ve said before, the key to success is more about passion than talent; it’s more about reaching potential than being gifted. Eleanor Roosevelt said, “We must do the things we think we cannot do.” As county leaders, we don’t always get to choose the battle or 20
issue, but we do get to choose how we will respond. In the best of times or the worst of times, people need someone to shoulder the task and lead the way. Maintain the focus. Make the choice. Be the leader you were elected to be.
Seems To Me...
Legacy I believe county officials should start their service thinking about the leadership legacy they will leave. Eddie A. Jones Thinking about your legacy will prove County Consultant to be the impetus for your service and keep you on track. I can remember from the beginning of my service more than 35 years ago that I simply wanted to “make a difference.” I soon realized that “make a difference” needed further definition. How would I make a difference? Musing upon the question was revealing. To make a difference I wanted to be an elected official seen as a high standard example of ethics, work habits, knowledge of county government law, accuracy of facts and figures, and fairness. My hope is that Arkansas county government is better for my having passed its way. Was I successful? That’s not my call. But it kept me focused to be the best I could be. In “Leaving a Leadership Legacy” Dr. Randy Garner said, “Regardless of what you do as a leader, you will leave a legacy — the important thing is to consider how you would like to be remembered and to work toward those things that ensure the realization of that vision. When you think of your legacy now, it is much more likely that the legacy you actually leave will better match your goal. Legacy leadership is not accidental; it is intentional. It begins with self-reflection on how you see yourself, your role, and the way you want to influence others. Perhaps it might be more appropriate to talk about living your legacy rather than leaving a legacy, since the real challenge is to daily lead our lives in a way that positively influences those around us.” Think back to the men and women who have shaped and mentored you. They planted seeds in your mind and heart — seeds of faith, hope and love; seeds of enthusiasm, action and service. They invested in your today so that you might pass on a legacy for someone else’s tomorrow. What lasting things will you plant today? What legacy will you leave? Thinking today about the legacy you are leaving for others tomorrow will make you a better county leader today. Building a legacy worth leaving begins today and is made one decision at a time. Make a difference! Life Insight into the meaning of life has been a central preoccupation of literature from ancient times. Multiple philosophies and religions have touted the “meaning of life” — not all in the same way by any stretch of the imagination. For the vast majority of us in this area, we regard life as a precious gift from God; precious not only because it is a gift from God, but also because as humans there is uniqueness attached to that gift. We are created in the image of God. Because we carry COUNTY LINES, WINTER 2016
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within us the divine image we have unlimited potential. We know that it is God “in whom we live and move and have our being.” One of life’s greatest challenges is to find your true purpose in life — vocationally. Confucius, a Chinese teacher, editor, politician and philosopher, said many years ago, “Choose work that you love and you’ll never have to work another day in your life.” I am so blessed to have spent the last 35 years in public service. Public service gives you the opportunity to be what you are, and to become what you are capable of becoming. I have had an extremely successful county government career and hope to continue that career for a while longer because of the passion I have to serve and make a difference. In fact, the only reason to be in politics is public service. There’s no other reason. If you are currently serving in county government, maybe it is because you have found your true vocational purpose in life like I did many years ago. I truly hope so. Our people need dedicated men and women serving them in the realm of county government — no doubt the closest and most responsive government to the people. Dedication to the task calls for a lot of hard work and sacrifice. Arnold Schwarzenegger said, “Help others and give something back. I guarantee you will discover that while public service improves the lives and the world around you, its greatest reward is the enrichment and new meaning it will bring your own life.” Margaret Chase Smith, a Republican who served the state of Maine both as a U.S. Representative and a Senator said, “Public service must be more than doing a job efficiently and honestly. It
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must be a complete dedication to the people.” That requires total dedication and attention to detail — not like Marvin’s preacher. Marvin was in the hospital on his death bed. The family called Marvin’s preacher to be with him in his final moments. As the preacher stood by the bed, Marvin’s condition seemed to deteriorate, and Marvin motioned for someone to quickly pass him a pen and paper. The preacher quickly got a pen and paper and lovingly handed it to Marvin. But before he had a chance to read the note, Marvin died. The preacher, feeling that now wasn’t the right time to read it, put the note in his jacket pocket. It was at the funeral while speaking that the preacher suddenly remembered the note. Reaching deep into his pocket the preacher said, “And you know what, I suddenly remembered that right before Marvin died he handed me a note, and knowing Marvin I’m sure it was something inspiring that we can all gain from.” With that introduction the preacher ripped out the note and opened it. The note said, “Hey, you are standing on my oxygen tube!” Be dedicated, responsive and timely in your public service. The simple uncluttered desire for living that can’t wait for tomorrow — that’s the attitude we should all take in our life of public service in county government. As Donald Rumsfeld said, “Enjoy your time in public service. It may well be one of the most interesting and challenging times of your life.” Live a dedicated life of service providing true leadership and thereby leaving a revered legacy. A blessed life, a rewarding career — just like tomato basil soup and a grilled cheese sandwich on a cool, crisp day!
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A focus on emotional wellness
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he Association of Arkansas Counties recently hosted a job shadow event for Junior Achievement of Arkansas. We had about 65 ninth through 12th graders come to our building to learn about the voting process and county government. One session had a panel of county officials who talked about what they do and answered the students’ questions. A student asked Pulaski County Coroner Gerone Hobbs how he and those in his department are able to handle what they are required to do. Hobbs talked about how important the Employee Assistance Program (EAP) that Pulaski County uses is to him and his employees. He told those young people that our society, in some ways, looks down on the need to talk to a professional, but we all need someone to talk to. He impressed upon the group how important it is to find someone to talk to when you are in need. I have written quite a few articles about physical wellness. However, wellness is not only about our physical body. Wellness extends to many other areas of our lives, including our mental and emotional wellness. EAPs can provide a much-needed service to help our county employees deal with all of life’s ups and downs — which we know are unavoidable — so they will be a more productive employee. I am thrilled to announce that the AAC has partnered with Southwest EAP to provide a discounted rate to counties that choose to participate. The service is provided at an incredibly affordable group discount rate. This is the very same EAP that Coroner Hobbs spoke of and that Pulaski County has used for many years. In 2014, Southwest EAP participated in a study to determine the impact of EAP intervention 90 days post intake. They demonstrated a statistically significant improvement for the client companies in all areas. Individual results were as follows: • Absenteeism — reduced by 80 percent
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• Presenteeism (loss of focus/ productivity while at work) — reduced by 28 percent • Work Engagement — increased by 18 percent • Life Satisfaction — increased by 44 percent • Workplace Distress — decreased by 32 percent
Savings times 2
Wallet & waistline
Southwest EAP provides oneBecky Comet on-one counseling/coaching AAC Member Benefits Manager services with a counselor for the employee and his family. Their services include assessment, crisis intervention, counseling, individual life skills training, life and career coaching, work performance intervention, referral services, coordination with medical plans and case management and return to work conferences. Southwest EAP understands that employee productivity is directly tied to knowledge, skills and motivation. They offer training in many areas, such as marital and family abuse, substance abuse, stress, interpersonal relationships, healthy habits, harassment prevention, financial issues, work/life balance, diversity, effective communication and workplace violence. It’s a sad fact that all of our counties have been touched by various tragedies — tornados, floods, fires, death of a coworker and many other situations. Southwest EAP will come to your county to provide that “someone to talk to” when crisis strikes. As Coroner Hobbs pointed out, “We all need someone to talk to.” You will be hearing more from me about our partnership with Southwest EAP in the coming months. Feel free to call me at the AAC for more information on how your county can secure this much-needed service for your hardworking employees.
75 Counties - One Voice
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Some options are irresistible Fiduciary assistance and a zero-fee option for smaller public sector plans? Sweet.
Nationwide’s new 457(b) options offer smaller plans features normally only available to larger entities. Now more of the public sector can benefit from Investment Fiduciary Services provided by Morningstar Associates and a zero fee administration option — which makes life a little easier for plan sponsors while putting retirement within reach for participants.
Contact Linda Barber:
Let’s talk about putting our new offerings to work for your plan. Information provided by Retirement Specialists is for educational purposes only and not intended as investment advice. Retirement Specialists are registered representatives of Nationwide Investment Services Corporation, member FINRA. Nationwide Retirement Solutions, Inc. and its affiliates (Nationwide) offer a variety of investment options to public sector retirement plans through variable annuity contracts, trust or custodial accounts. Nationwide may receive payments from mutual funds or their affiliates in connection with those investment options. For more detail about the payments Nationwide receives, please visit www.NRSforU.com. Nationwide Retirement Solutions, Inc. and Nationwide Life Insurance Company (collectively “Nationwide”) have endorsement relationships with the National Association of Counties and the International Association of Fire Fighters – Financial Corporation. More information about the endorsement relationships may be found online at www.nrsforu.com. Investment advisory services are provided by Morningstar Associates, LLC, a registered investment advisor and wholly owned subsidiary of Morningstar, Inc. Neither Morningstar Associates, LLC nor Morningstar, Inc. is affiliated with Nationwide or its affiliates. The Morningstar name and logo are registered marks of Morningstar, Inc. Nationwide and the Nationwide framemark are service marks of Nationwide Mutual Insurance Company. © 2013 Nationwide Retirement Solutions, Inc. All rights reserved. NRM-9664M1.NX (05/13)
1-614-435-8328 barberl@nationwide.com NRSforU.com/plansponsor
Why does Financial Intelligence software work for you? Honorable Debbie Baxter, Montgomery County Clerk
Honorable Larry C. Davis, Saline County Treasurer
“We made the decision to make a software change in 2013. We wanted to find a company to provide new payroll, accounts payable, and general ledger software specifically designed for County government. Our goal was to be more efficient with the different options provided by the software while keeping our costs down…we have succeeded. We remain impressed with the training and ongoing support we have received.”
“…if we have a problem or question, FI is there to help. Amanda Epperson is the Arkansas Operations Manager for FI. Mandy is retired from the State of Arkansas where she worked in the Legislative Audit Division for many years…if you are considering changing financial software companies I certainly recommend Financial Intelligence.”
Honorable Tim Stockdale, Garland County Treasurer “…we have saved thousands of dollars in reduced labor costs…the electronic storage capabilities allow easy and efficient retrieval of records and documents…very friendly staff” Honorable Alma Davis, Calhoun County Circuit & County Clerk “We have been with them for three years now and really do love their system. I feel very secure in knowing that if I have a problem they are right there to help me.” Honorable Jennifer Beene, Calhoun County Treasurer
“It was such a blessing to have a software company that was willing to help me in any situation… there was never a question that I couldn’t ask FI personnel without getting a full response…many times FI personnel went out of their way to help me resolve many issues…this software enables our office and the County Clerk’s office to work efficiently as a team…the staff has become like family…the complete solution to our software needs…”
To see the full client testimonials, please visit our website: www.financial-intel.com
800-276-4213 • Little Rock, AR © Copyright 2015 Financial Intelligence, an Information Capital affiliated company. All rights reserved.
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DISPLAYS endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect” [Bd. of Educ. of the Westside Cmty. Sch. v. Mergens, 496 U.S. 226, 249-50 (1990)]. It is, therefore, unconstitutional for public officials to deny private individuals (like employees) the right to religious speech and expression by imposing on them a limitation intended for the government. Accordingly, the government can avoid the requirement that a religious display include a sufficient number of secular figures (the Lemon test + the endorsement test) if private individuals who are not subject to religious speech restrictions (i.e., not county officials) are the ones to initiate the religious display. See Mergens, 496 U.S. at 250. In such event, the government must allow all private individuals an equal opportunity for same or similar private religious expression on the government’s property. And, of course, the government always has the right to act to maintain order, ensure security and keep the peace. In such event, any governmental order that discriminates on basis on the religious content of speech must be necessary to further a compelling governmental interest and must be a restriction that is narrowly tailored to achieve that interest. See Mergens, 496 U.S. at 250. Private Display by an Individual Employee in a Non-public Area: In Pickering v. Board of Education, 391 U.S. 563 (1968), the U.S. Supreme Court commenced with the recognition that teachers as public employees do not relinquish their First Amendment rights they would otherwise enjoy as citizens. Thus, generally, a county employee may have a religious display at his or her desk. The Court also recognized that a “state has interests as an employer in regulating the speech of its employees that differ significantly from those it possesses in connection
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with the regulation of the speech of the citizens in general.” So, the county may impose some limitations on what can and can not be displayed by employees. From the Pickering case came “the Pickering balance,” a legal doctrine applied in cases where the employee’s right of free speech is being balanced against the employer’s right to control the employer’s business or workplace. The Pickering balance test was reaffirmed by the Supreme Court in City of San Diego v. Roe, 543 US 77 80 (2004) (“[A]government employee does not relinquish all First Amendment rights otherwise enjoyed by citizens just by reason of his/her employment.) See also Connick v. Myers, 461 US 138, 142(1983) (“For at least 15 years, it has been settled that a state cannot condition public employment on a basis that infringes the employee’s constitutionally protected interest in freedom of expression.”). Duties as a Public Employer: The First Amendment both prohibits any governmental action respecting an establishment of religion (Establishment Clause) and prohibits governmental action impeding a citizen’s free exercise of religion (Free Exercise Clause) or speech. For a county official to allow his or her own religious display in the courthouse, the county official must be able to prove that the display is there for a “legitimate secular purpose” and not there merely as the county official’s endorsement of the religious belief depicted by the religious display. The Lemon test and the endorsement test must be satisfied, as explained above. Individual Rights of Elected County Officials: A condition precedent for serving as an elected county official is the oath of office: “I ... swear ... I will support the Constitution of the United States and the Constitution of the State of Arkansas, and I will faithfully discharge the duties of the
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office ... .” Instead of a monarchy, we-thepeople chose (by ratifying the constitution) a republican democracy. We-thepeople control our public sector destiny through the representatives we choose to elect. And, those elected have to swear they will act according to the limitations we-the-people have imposed on them by way of the constitution and the oath of office requiring them to support the constitution. Those limitations on what a county official can do include the First Amendment and the decisions by the U.S. Supreme Court (which is right because it is final and not final because it is right) interpreting the First Amendment. True, elected officials do not relinquish their First Amendment rights they would otherwise enjoy as citizens but ... they have, as citizens, chosen to run for office and have chosen the office they ran for and have chosen to swear to support the constitution that governs official capacity conduct as an elected official. Conclusion: If an elected official believes that he or she has an individual citizen right that, if exercised, would not violate the sworn duty to not establish his or her religion as the official religion of his or her public official workplace, then that elected official should seek legal counsel so that the elected official can both exercise his or her individual constitutional right and follow the rules that proscribe the elected official from officially establishing (from the perspective of a reasonable observer) his or her religion as the religion of choice for his or her public office workplace. Mike Rainwater, a regular contributor to County Lines and lead attorney for AAC Risk Management, is principal shareholder of Rainwater, Holt, and Sexton, P.A., a statewide personal injury and disability law firm. Mr. Rainwater has been a lawyer for over 30 years, is a former deputy prosecuting attorney, and has defended city and county officials for over 25 years.
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Raising the Roof Local sales taxes fund new jail construction in several counties.
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Story by Michael Dougherty s Photos by Christy L. Smith
t was a matter of time. Aging county jails and the conditions inside them were bound to eventually bump up against the state standards established in the 1990s for such Arkansas criminal lockups. Another round of county facilities being threatened with closure by the state’s 26 criminal detention facility review committees (one committee serving each judicial district) has resulted in jails recently completed and a number of others at various stages in the construction process. The need to meet the state’s jail standards, combined with the overcrowding caused in part by additional state prisoners being housed in county facilities, has forced the issue in a number of counties. County officials say having their jails crowded with violent offenders and Arkansas Department of Correction inmates waiting on room at state prisons has kept some district judges from placing misdemeanor offenders and non-violent felony offenders in jail because county facilities have no room for them.
That, in turn, had kept counties from collecting fines and fees because some of the less serious offenders don’t pay what they owe; they know that police officers and deputies have nothing with which to threaten them, if the offenders don’t cough up the cash. State inmate overcrowding in county jails has decreased from about 2,900 in May 2015 to about 1,000 on March 7, 2016. These estimates include DOC state inmates and not inmates within the Department of Community Corrections who are housed in county jails. “The AAC is appreciative of the administration’s and state’s effort as many of our jails were in a crisis; however, recent reports to the Legislative Criminal Justice Oversight Task Force certainly indicate that efforts to address Arkansas’ 48 percent recidivism must be created and executed or prison and jail populations in Arkansas will continue to grow again,” said AAC Executive Director Chris Villines.
Garland County and Greene County are among those with new facilities. Lawrence, Jackson and Crawford counties are three of the entities in the process of building jails to replace outdated structures. The Garland County facility at Hot Springs, which opened in Spring 2015, was a $42 million project, according to Garland County Judge Rick Davis, with $35.5 million devoted to actual construction. It was finished in May and first accepted prisoners June 15. “The project (construction) was financed on a temporary voter-approved 5/8-cent sales tax with a sunset to pay off in less than five years,” Davis said in an e-mail response to a reporter’s questions. “A permanent 3/8-cent sales tax was approved by the voters for operations and maintenance of the facility.” Garland County Sheriff Mike McCormick said actual revenues on the 3/8-cent operations and maintenance tax have ranged from $6.3 million to $6.9 million in the past two years. “The core of the building is approximately 160,000 square feet, located on 55 acres,” Judge Davis said. “The core building was structured for approximately 800 future inmates. We are currently able to house approximately 482 inmates, with the capacity to expand in the future by adding additional units/pods.” The old jail, built in 1986, held 88 inmates. Exterior walls are precast concrete panels, with interior walls made of concrete blocks filled with concrete/steel. The administrative wing is built from conventional brick and mortar. “All inmate programs, meals and services, including exercise, are confined to the respective housing units,” Davis said. “A high-security courtroom, along with a maintenance shop for grounds keeping and other needs, and a firing range complete the facilities.” Sheriff McCormick said his office has high hopes that the new facility is changing the attitude of offenders in the county. “Because of perpetual overcrowding at the old facility,” McCormick said. “The jail became a ‘violent felon facility.’ Persons charged with misdemeanors or non-violent felonies were routinely released from the jail after booking, due to a lack of space. Very few inmates were sentenced to jail time upon conviction, with nearly all of them being released to ‘weekender’ or other diversionary programs for which there was little or no oversight or consequences for failing to comply with the rules of the programs. “All of this has changed in the new facility. There are dozens of inmates who are serving jail sentences for various offenses. There are now consequences for failing to abide by court orders or the rules of other alternative sentencing programs.” The $16.5 million Greene County Detention Center just outside Paragould is completed and housing inmates. Greene County voters approved a ¾-cent sales tax — threeeighths of a cent for construction that would sunset in 10 years, and three-eighths of a cent for operations and maintenance. The 2016 budget for the Greene County jail is $3.02 million. “We constructed a simple metal building that would house 416 new beds,” McMillon said. “It provides over 76,000 square feet of space, and there is an additional 9,600 square feet of storage space, which also serves as a service shop for the jail and sheriff’s departments. The facility houses pre-fabricated steel cells that are organized into pie-shaped holding areas, two cells tall, housing anywhere from 12 to 36 inmates. There is a space between the cells and the exterior
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of the metal building, which allows for most all maintenance issues to be serviced.” The facility houses central, north and south control areas, a new intake storage area, kitchen, vehicle sally port and two recreation areas with large openings to the exterior of the building that prevent the inmates from leaving the secured facility. McMillon said the old jail facility was remodeled to house “309” and work-release inmates, the county morgue and county coroner, and sheriff’s department offices. In Jackson County, voters approved an $8.9 million bond issue in February 2013 for a 104-bed jail, with a 3/8-cent tax set to pay off the bond and another 3/8-cent tax to pay for operation and maintenance of the new facility. The new jail is 30,612 gross square feet, County Judge Jeff Phillips said. “We are 65 percent completed on construction,” he said. “The completion date is July 31, 2016, and occupancy to follow soon after that. “Our current jail was built in 1979 and only houses 26 inmates and is not up to Arkansas state standards. The need for more space to house inmates has become a serious issue for Jackson County. “We have had an overcrowding issue and [have been] on probation for over 10 years. In 2011, we were inspected and [the jail standards review committee] advised us that we had to come up with a plan for expansion and/or to build a new jail or we would be closed. “With the inability to house inmates in the Jackson County Jail, which averages approximately 54 [daily population], the inmates were being transported and housed out-of-county. That cost was in excess of $80,000 in 2015, which created an additional burden on our already-strained budget. This condition continues to be a problem for the county. We also place inmates on electronic monitoring, in place of incarceration, which also, sometimes creates budgetary issues.” In January 2012, Phillips said, he formed and led a jail expansion committee of three quorum court members, a municipal judge, the sheriff, a businessman and one alderman each from Newport, Tuckerman and Swifton, along with the mayor from Diaz. “The committee looked at several different options,” he said, “and we decided that a new jail would be the best for the county. We needed a sales tax passed to fund the new jail, so we had public meetings in all areas of the county. The purpose was to inform the public on what was needed and why. We [asked] for two 3/8-cent sales tax increases and on Feb. 12, 2013, the public voted to pass both.” Both taxes passed with 60 percent approval. “The land [where] the current jail is housed was not large enough,” Phillips said, “so I traded our old jail and about two acres for four acres at the air base. The Newport-Jackson County Industrial Development Bond Board owned that property.” Crawford County Judge John Hall said the $20 million project in his county will result in a 30,000-square-foot new jail that will house 307 inmates, a 34,000-square-foot sheriff’s office, a circuit court room, a hardened 911 center and other offices. Voters in the county passed a 1/2-cent sales tax for construction, which should net $3 million annually and pay off the bond in 10 years or less. They also passed a 1/4-cent sales tax for operation and maintenance of the new facility. That is expected to produce $1.5 million annually. Construction on the new jail near Van Buren is 50 percent See
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complete, Hall said, with Oct. 1, 2016, the targeted completion date. Moving from the current jail to the new facility should be finished by the end of the year. Hall said the need for the new jail developed because of a number of factors. “Overcrowding, brought on by the state not picking up prisoners, increased arrests, longer sentencing, new standards (segregation of prisoners),” he said, listing them. “We had 88 beds — [but we] average 104 per day. We lost 14 beds to standards. We can house no [misdemeanor offenders].” The increase in size from 74 beds to 307 beds will be sufficient for the county’s needs for 15 to 20 years, Hall said. “The Justice Center is located on 16 acres of ground,” he said, “which has room to expand to two additional pods or 600 people, when necessary. The jail is built to double population in kitchen, laundry, healthcare and other services that will be required for additional population.” Lawrence County voters approved in November 2015 an $8.2 million bond issue for a 100-bed jail to replace the current 42-bed facility in Walnut Ridge that has been placed on probation by the district jail standards review committee. “The existing facility lacks the square footage per inmate required by state jail standards,” Lawrence County Sheriff Jeff Yates said, “among other things [that were in violation].” The vote established a 1/2-cent sales tax, with three-eighths of a cent designated to pay for construction bonds and 1/8cent devoted to operation and maintenance of the new facility. Construction is scheduled to be completed in December 2017 or January 2018, the sheriff said. Yates said that the overcrowded conditions not only prevented judges from jailing misdemeanor offenders, but the
threat to close the jail would have meant a severe increase in costs to the county and its municipalities to take Lawrence County inmates to a facility in another county, (such as the one in nearby Greene County). In addition to the cost of the transportation, it would have resulted in additional personnel costs for the added time required of sheriff’s deputies and police officers. The knowledge that jail overcrowding kept arrests from being made is a growing concern. “Before the new detention center,” said County Judge Davis of Garland County, “jail overcrowding led to being able to keep only the most violent, dangerous offenders. Non-violent offenders usually spent less than eight hours in the old jail. There was much public concern for public safety. “Those released on citations/fines/fees often did not show up for court and failed to pay fines/fees because there was the perception that they would not be jailed due to the overcrowding. We were finding that many of our arrestees were from other counties and saw Garland County as a good target due to the jail overcrowding and their perception that they would not be jailed. That’s not the perception now because there is now a place for all offenders.” Sheriff McCormick of Garland County addressed it by saying: “For many years, the criminal element knew that there were little to no consequences for breaking the law in Garland County. This obviously impacted local crime rates as repeat offenders were aware they could do just that — repeatedly offend. “It was disheartening for a patrol deputy or investigator to make a good arrest, do all of the required paperwork and such, only to see that person back out on the street the next day due to a lack of jail space. Only time will tell if the new facility is having the desired outcome of stopping the ‘revolving door,’ which existed in the old facility.” Greene County Judge McMillon said fine/fee collections have improved. “With the increase in jail population, we do now have an increase in the payment and collection of fines,” he said. “The only problem we face is making sure we have the staffing available to collect and process those fine payments. “The Blue Ribbon Jail Committee (which I chaired) that researched and presented the need to the general public was informed time and again by law enforceAbove: Jackson County Judge Jeff Phillips and Jackson County Sheriff David Lucas discuss the progress ment personnel that ‘crimibeing made on the new Jackson County Jail, construction on which is set to be completed this summer. nals’ laughed at them on the 28
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street because the criminals knew there was no room at the previous facility. “I have been informed by the law enforcement community that our current facility has helped to alleviate that problem.” The full jail also caused problems in Jackson County, too. “The jail overcrowding issue has been an extreme budgetary issue for the county,” County Judge Phillips said, “due to the inability and refusal to release violent and/or dangerous offenders back into the community. The cost for the housing of these types of inmates can sometimes be extreme. “Inmates that may pose a danger to the commuAbove: Greene County Sheriff David Carter and Greene County Judge Rusty McMillon check booking nity are not and will not be room monitors in the new Greene County Jail, which was built using funds from a 3/4-cent sales tax. released. This creates issues of overtime for officers that to abide to the standards as set by the state of Arkansas. Our should be required to come in and transport the inmates to other counties. It also creates facility was constructed as [minimally] as could be done with nothing showy about the exterior of the facility.” tensions in the jail due to the violent nature of some of the McMillon had some suggestions for county judges who inmates when the jail overcrowding prevents the separation might be about to start such a project: of these violent offenders from the jail’s general population.” Jeff Yates, the Lawrence County sheriff, agreed. • “Build as basic of a structure as the Jail Standards al“If a deputy has to respond to a call and is not able to arrest low. The facility does not have to be, nor does it need a suspect,” he said, “it affects the public’s perception of law to be, pretty. enforcement and the justice system. The officer feels stress for • “Appoint or hire a project manager to oversee the not being able to perform the duties he or she were sworn to construction. By doing this, our project has remained do. Also, it gives criminals the knowledge they can commit under budget, despite the length of the construction. crimes without punishment of going immediately to jail.” • “The individual cells are absolutely functional and Greene County Judge McMillon said he had learned some provide an extra layer of discipline inside the walls of the things from going through the process of building a jail. facility. In hindsight, foregoing the second story of cells “The biggest struggle is the general public’s misunderstandwould be nice, as we have had a couple of situations ing that our jail cannot put somebody in jail, chain them to where someone has [jumped or was pushed off] that the wall, and feed them only bread and water,” he said. second floor. “The Jail Standards exist because there is — and should be • “Appoint a citizen panel to review and make recommen— a moral standard for treating even those who have comdations for a facility update or change. I believe that was the best influencer for this project, as other attempts for mitted a most heinous crime. They are not required to have construction in the past were met with defeat.” a steak-and-potato meal, but our jail administrator does have Consultants from the Council of State Governments Justice Center, a national non-profit and non-partisan association of state government officials, presented “Justice Reinvestment in Arkansas” to the Legislative Criminal Justice Oversight Task Force on Feb. 17, 2016. Among the studies’ findings were that Arkansas has the fastest growing prison population in the country and that the projected growth of Arkansas’ prison population will cost the state an additional $1.3 billion in spending on top of the half a billion dollars being spent annually now. The task force will consider these and other findings of the Justice Center as it prepares to implement changes in Arkansas’ criminal justice system. Go to our publications library at www.arcounties.org and search “Justice” to access the center’s full report. COUNTY LINES, WINTER 2016
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Above: The Lee County Courthouse, a stately Colonial Revival-style building, is the linchpin of the downtown Marianna square. Opposite Page, Left: The Hon. J.O. Foreman was judge when the current courthouse was erected in 1936, as commemorated by this exterior plaque.
History on a Hill
Lee County Courthouse was constructed using New Deal assistance.
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Story by Mark Christ and Photography by Holly Hope Arkansas Historic Preservation Program
ee County’s stately Colonial Revival-style courthouse is the linchpin of the downtown Marianna square, sited on a hill on the north end of the bustling commercial district. The courthouse has benefitted from several County Courthouse Restoration Grants from the Arkansas Historic Preservation Program and continues to serve the people of Lee County. Lee County’s origins tell an interesting story of Reconstruction politics. William Hines Furbush, a Republican African American member of Arkansas’s General Assembly representing Phillips County, proposed a bill to create a new county from 30
parts of Phillips, Monroe, St. Francis and Crittenden counties during the 1873 legislative session. Initial bills, which were defeated, called for naming the new county “Coolidge” or “Woodford” County, but it was not until the name was changed to Lee County to honor Confederate General Robert E. Lee that the bill passed, with Marianna as the seat of the new entity. “And so,” historian Blake Wintory notes, “at the twilight of Reconstruction in Arkansas, an African American legislator from an African American majority district successfully sponsored a bill to create a new county named for the military leader of the Confederacy.” Interestingly, Furbush would later return to the General Assembly — serving as a Democrat. Marianna was a major regional commercial and transportation hub in a bustling cotton-producing area and Lee County’s COUNTY LINES, WINTER 2016
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seat of justice was originally located in a red-brick structure erected in 1890. However, by the mid-1930s that building could no longer serve the county’s needs, and Lee County turned to a Depression-era New Deal program, the Federal Emergency Administration of Public Works, for financial assistance. They received it through project number Ark. 1136-R. The county building committee chose Memphis architects George Mahan and Everett Woods to design an expansion of the existing courthouse, and they chose an unusual strategy: instead of making a small extension to the side or rear of the existing structure, they designed an entirely new building for its front, separating it from the original by using a contrasting style and materials. Contractors Jennings and Samuel received the contract to build the new courthouse and it was completed in 1936. Though it was a style that had largely gone out of fashion by around 1920, Mahan and Woods chose the Classical Revival style for the new structure, and it is an exceptionally fine example of the idiom. As the National Register of Historic Places nomination (the building was listed on Sept. 7, 1995) states: “The handsome yet restrained Classical detailing on the building’s exterior combines with the sheer, imposing aspect of the overall composition to render this buildSee
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Above: Lee County Judge Jim Keasler, who plans to retire after completing his current term, successfully applies for eight AHPP County Courthouse Restoration Grants during his tenure.
A life centered around the Lee County Courthouse J.O. Foreman was the Lee County judge when the new Lee County Courthouse was erected in 1936, and just over 60 years later another county executive began working with the Arkansas Historic Preservation Program, an agency of the Department of Arkansas Heritage, to make needed restorations to keep the stately building in service. Now, 26 years after taking office, Lee County Judge Jim Keasler, a dedicated steward of the historic building that serves county government, is looking forward to retirement. The Lee County Courthouse has been a touchstone in Judge Keasler’s life from the beginning. He was born, went to school and attended church within a short distance of the courthouse, and most of his public life has centered around the building, having served 11 terms as a justice of the peace and 13 terms as county judge after a successful career as a farmer. “I’ve been on the ballot 48 times [primary and general elections],” Keasler said. “When I go home, and I’ve helped someone in this
county, it’s been a good day.” Among the highlights of his long career in public service was helping to get the East Arkansas Regional Unit of the Arkansas Department of Corrections established at Brickeys, northeast of Marianna, which has helped Lee County hold down costs at the county jail and provided jobs in the rural county. He also has successfully applied for eight AHPP County Courthouse Restoration Grants, which are funded by the Arkansas Natural and Cultural Resources Council using proceeds of the state Real Estate Transfer Tax. He will seek a ninth grant this year to update the lighting system in the courthouse, which could result in annual savings of 70 percent from the use of its current fluorescent lights. Now, Judge Keasler is looking forward to doing lots of hunting and fishing and spending more time with his family, including four grandchildren, and for the first time in his life not having to face a full day of work. “It’s going to seem strange,” he admits. 31
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Among the many programs and services of the Arkansas Historic Preservation Program is the County Courthouse Restoration Grant Program. Created in 1989, this grant program has helped to extend the lives of courthouses that hold vital links to community pride and local history. These grants are funded through the Real Estate Transfer Tax, administered by the Arkansas Natural and Cultural Resources Council. Since the beginning of the program, the AHPP has awarded more than $18.6 million to 69 historic courthouses and courthouse annexes around the state for use in rehabilitating, preserving and protecting these important historic resources. Since 1989, Lee County has received eight grants totaling $171,123 for the Lee County Courthouse.
Above: Lee County received funding for a courthouse through project No. Ark. 1136-R. ing surprisingly impressive given its small size. Ultimately, in spite of the Depression, the county clearly achieved its goal of establishing a modern and impressive presence on the courthouse square. It stands as the finest extant example of this style in Marianna and all of Lee County.” And it promises to do so for generations to come.
Arkansas Historic Preservation Program County Courthouse Restoration Grants awarded to Lee County FY1997 Roof Restoration $20,823 FY1998 Roof Restoration $10,500 FY1999 Roof Restoration $22,000 FY2000 Roof Restoration $25,000 FY2001 Masonry Restoration $18,800 FY2003 Window Restoration $12,000 FY2003 Window Restoration $38,000 FY2006 New HVAC $24,000 TOTAL: $171,123
The 2016 Arkansas County Compliance Guide is hot off the press! Cost is $65 each.
Please go to www.arcounties.org to place an online order. Or contact Elizabeth Sullivan at esullivan@arcounties.org or (501) 372-7550. Each edition will include an online login and password to access a searchable digital format of the guide for computer, tablet and/or smartphone.
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Individual assistance available to residents of 11 flooded counties
Above: Inmates from three state prison units helped stack sandbags around homes near Toad Suck in Perry County, where just six months before flood waters had breached the levee.
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esidents in 11 counties can apply for FEMA disaster assistance. The deadline to do so is April 5, 2016. Arkansans in Benton, Carroll, Crawford, Faulkner, Jackson, Jefferson, Lee, Little River, Perry, Sebastian and Sevier counties who sustained uninsured or underinsured damage by the late winter storms, winds and flooding can now apply for assistance from the state of Arkansas and the Federal
Emergency Management Agency (FEMA). Other counties may become eligible for disaster assistance if warranted by these damage reports. On Feb. 5, 2016, President Obama approved Gov. Asa Hutchinson’s request for a major disaster for the state as a result of severe weather and flooding from late December 2015 through January 2016. Public Assistance (PA) for emergency work and repair/replacement of disaster-damaged facilities is available for 32 counties: Benton, Boone, Bradley, Calhoun, Carroll, Clay, Crawford, Dallas, Drew, Franklin, Greene, Independence, Izard, Lawrence, Little River, Logan, Madison, Marion, Mississippi, Montgomery, Ouachita, Perry, Pike, Polk, Randolph, Scott, Searcy, Stone, Washington, White, Woodruff, and Yell Counties. Individual Assistance (IA) for individuals and households is available for residents of 11 counties. Individuals and business owners can register online at www.disasterassistance.gov11. Applicants may also call 1-800-621-3362 or (TTY) 1-800-462-7585. If you use 711-Relay or Video Relay Services call 1-800-621-3362.
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Top Left: AAC Executive Director Chris Villines welcomes Cleveland County Treasurer Jack Hopson to the community center. Bottom Left: Drew County Clerk Lyna Gulledge and District Court Judge Sara M. Sawyer stop to pose for a photo.
AAC, Drew County host legislative meet and greet
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he Association of Arkansas Counties along with Drew County hosted a legislative meet and greet Tuesday, Jan. 26 in Drew County at the Sadie T. Johnson Community Center in Monticello. About 60 people attended the event, including county officials from seven counties, incumbent state senators and representatives as well as challengers for the state house and judicial races, city officials and state office holders. “This regional concept is a part of AAC’s local outreach efforts
as we aim to build on our stakeholders’ relationships and partnerships with not only our association but also with state senators and representatives and state government in general,” said Scott Perkins, AAC legislative and communications director. The AAC is in the process of planning its next legislative meet and greet and plans to continue the project throughout the next year. “As the official voice for counties, the AAC understands the importance of collaborating and communicating on the local level and spending face time in our various counties,” said Chris Villines, AAC executive director. “We sincerely appreciate all who made the time to attend and participate.” AAC extends a special thanks to the following people who helped make the meeting a wonderful success: Lyna Gulledge, Drew County Clerk Robert Akin, Drew County Judge Pam Donaldson, Chicot County Clerk Beth Davis, Drew County Assessor Michelle Hammons, Drew County Deputy Clerk Cheri Adcock, Drew County Deputy Assessor
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Top: AAC Executive Director Chris Villines and AAC Legislative and Communications Director Scott Perkins introduce themselves to the crowd, which included county, district and state officials, as well as candidates seeking offices in districts covering Ashley, Bradley, Chicot, Cleveland, Desha, Drew and Lincoln counties. Middle Left: Chicot County Assessor Joe Dan Yee speaks with State Land Commissioner John Thurston. Middle Right: Ashley County Judge Dennis Holland, Cleveland County Judge Gary Spears and state Sen. Eddie Cheatham visit during the meet and greet. Bottom Right: State Rep. Mark McElroy takes an opportunity to address to the crowd. COUNTY LINES, WINTER 2016
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Top Left: AAC Executive Director Chris Villines took a group of students from J.A. Fair High School on a tour of the state Capitol. Top Right: ACE Program Coordinator Karan Skarda helps a student fill out a voter registration form. Bottom Left: Pulaski County Judge Barry Hyde, Pulaski County Sheriff Doc Holladay and Pulaski County Coroner Gerone Hobbs discussed their roles in county government. Bottom Right: Prairie County Election Commissioner Harvey Joe Sanner demonstrates how to use an electronic voting machine.
AAC partners with Jr. Achievement of Arkansas, hosts students on National Groundhog Job Shadow Day
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or National Groundhog Job Shadow Day on Feb. 2, Junior Achivement of Arkansas partnered with seven businesses or organizations across Pulaski County. The Association of Counties was one of them. A total of 280 students from the Little Rock School District learned about career opportunities and how the skills they learn in school can be put into action in the fields of technology, finance, insurance, engineering, healthcare, telecommunications, energy and public service. 36
AAC hosted approximately 65 students in grades nine through 12 from J.A. Fair and McClellan high schools. The students visited the state Capitol, registered to vote, learned more about the voting process and listened as a panel of Pulaski County elected officials discussed the requirements of their jobs. During a working lunch of pizza, the students also garnered resume-writing tips and had the opportunity to ask questions of the AAC staff. COUNTY LINES, WINTER 2016
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Board Profile Cindy Walker
Office: Columbia County Tax Collector. County I was born in: I was born in Shreveport, Louisiana (Caddo Parish). What I like most about my county: Its community spirit.
Purple hull peas, turnip greens, cornbread, fried okra or squash along with sweet tea to wash it down. When I’m not working I’m: Spending time with my granddaughters, family and friends. I love to spend time gardening and reading. The accomplishments of which I am most proud: Getting elected in a county I was fairly new to.
The hardest thing I have ever done is: Bury my The best thing about living in Arkansas: 23-year-old daughter. Why would you want to live anywhere else! Arkansas is a beautiful state. If I wasn’t a county collector, I’d be: At home spending time with my retired husband. Cindy W alker, C I got started in county government olumbia County because: Lafayette County Sheriff/ You might be surprised to learn that: I am a Master Collector Harlis Camp had an opening in the Gardener, and I love to explore our state. collector’s office, and I applied. My favorite meal: Good old Southern cooking works for me!
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My pet peeve is: People that complain, and I hear a lot of that!
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Treasurers hold roundtable talks Top Left: Perry County Treasurer Jan Moore and Pike County Treasurer Loletia Rather show each other some love during the roundtable discussions, during which treasurers met in groups sorted by county classification. Top Right: Prairie County Treasurer Judy Burnett makes a point during the discussion, which found treasurers discussing topics such as county audits and the county budget process. Middle Right: Clark County Treasurer Judy Beth Hutcherson, president of AAC’s board of directors, gives the group an update on board activities. Bottom Left: Washington County Treasurer Bobby Hill listens to the conversation among Craighead County Treasurer Terry McNatt and other Class 6 and 7 county treasurers. Bottom Right: Little River Treasurer Dayna Guthrie takes part in the discussions among treasurers in Class 2 counties.
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Roads, levees, healthcare among topics for judges Top Left: Sebastian County Judge David Hudson, president of the County Judges Association, presides over the executive committee meeting. Top Right: Arkansas Surgeon General Dr. Greg Bledsoe discusses healthcare funding and Arkansas Works with judges. Middle Left: Arkansas County Judge Eddie Best and Washington County Judge Marilyn Edwards visit during a break in sessions. Bottom Left: Stone County Judge Stacey Avey and Marion County Judge Terry Ott have a discussion in the vendor area. Bottom Right: Arkansas Department of Emergency Management Director David Maxwell and state Sen. Jason Rapert provide an update on levees.
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Winter meeting of sheriffs held in Little Rock
Top Left: Baxter County Sheriff John Montgomery, president of the Arkansas Sheriffs Association, welcomes attendees to the four-day conference. Top Right: Jackson County Sheriff David Lucas speaks to a vendor during a break between sessions. Bottom Left: Sterling Penix, coordinator of the state’s Criminal Detention Facilities Review Committee, addresses jail administrators.
Online
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Interactive www.arcounties.org Find County Lines online and see our Web site which contains data an on all 75 counties, legislative updates and much more.
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Collectors hold December meeting in Conway
Top Left: Boone County Chief Deputy Collector Dora Locke listens intently.
Top Right: Cross County Collector Debbie Davis and Cross County Chief Deputy Collector Mary Kate Blake pose for a photo. Middle: Auditor of State Andrea Lea discusses her web site. Left: Oklahoma County Treasurer Butch Freeman addresses mobile home taxes in his state.
We want your news
Did an aspect of county government “make news” recently in your county? Did any of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail csmith@arcounties.org.
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Top: The grand ballroom at the Arkansas Governor’s Mansion was adorned with fall decor. Bottom Right: Greene County Treasurer and AAC Board member Debbie Cross poses for a photo with first-term state Rep. Nelda Speaks, a former county treasurer and justice of the peace from Baxter County.
AAC hosts Legislators at Governor’s Mansion
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ith the formal adjournment of the 90th Arkansas General Assembly in May 2015 and a fiscal session set to begin in April 2016, the Association of Arkansas Counties hosted a reception for legislators at the Governor’s Mansion on November 17. Gov. Asa Hutchinson and First Lady Susan Hutchinson were unable to attend because of a previously scheduled economic development trip to Asia. However, the governor welcomed all via video. Such receptions give county elected officials an opportunity to renew acquaintances and interact with legislators. 42
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Top Left: State Sen. Bobby Pierce and his wife, Joan, are all smiles despite the rainy weather they navigate to get to the reception. Sen. Pierce’s District 27 includes Calhoun and Union counties, as well as portions of Cleveland, Grant, Jefferson and Ouachita counties. Top Right: Drew County Clerk Lyna Gulledge, Cross County Clerk Melanie Winkler and Drew County Deputy Clerk Michelle Hammons stop to pose for a photo after arriving at the mansion. Bottom Left: AAC Executive Director Chris Villines chats with state Rep. Mary Bentley, whose district includes Yell, Pope, Perry and Conway counties. Bottom Right: Baxter County Collector Teresa Smith and Baxter County Assessor Jayme Nicholson attend the reception at the mansion. COUNTY LINES, WINTER 2016
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Top Left: Prairie County Treasurer Judy Burnett and Prairie County Deputy Collector Melinda Richards enter the Governor’s Mansion. Top Right: State Rep. Bob Johnson of Pulaski County is greeted by AAC Legal Counsel Lindsey Bailey, AAC Executive Director Chris Villines and AAC Governmental Affairs Director Josh Curtis. Bottom Left: Washington County Assessor Russell Hill and AAC Legislative and Communications Director Scott Perkins stand at the entrance to the ballroom. Bottom Right: AAC Board President and Clark County Treasurer Judy Beth Hutcherson greets fellow board member, Columbia County Assessor Sandra Cawyer. Opposite Page, Top: Gov. Asa Hutchinson, who was on an economic development trip to Asia, delivered a pre-recorded welcome to attendees. Opposite Page, Bottom Left: Rep. Brandt Smith, whose district includes part of Craighead County, speaks with Craighead County Treasurer Terry McNatt. Opposite Page, Bottom Right: AAC Chief Legal Counsel Mark Whitmore; Arkansas Crime Information Center Director Jay Winters, former Pope County sheriff; and Polk County Judge Brandon Ellison catch up with one another during the event. 44
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AAC, ACD offer legislative guidance to assessors
AAC partnered with the Arkansas Assessment Coordination Division (ACD) to offer the first legislative seminar for county assessors on Nov. 13, 2015. Led by AAC Legislative and Communications Director Scott Perkins and AAC Legal Counsel Lindsey Bailey, the day-long session included information on best lobbying practices, tools for tracking bills during a legislative session and pointers for testifying before committees, among other things. In addition, state Rep. Fredrick Love and Rep. Justin Boyd joined the assessors and shared their insights for communicating effectively with legislators. Top Left: ACD Director Bear Chaney and Faulkner County Assessor Angela Hill, who also serves on the AAC board of directors, thank state Reps. Justin Boyd and Fredrick Love for their input. Top Right: AAC Legislative and Communications Director Scott Perkins prepares his presentation. Middle Right: Mississippi County Assessor Harley Bradley describes a situation to his colleagues. Bottom Right: Arkansas County Assessor Regina Mannis, Desha County Assessor Gaye Brown and Lincoln County Assessor Becky Morgan have a discussion during a break in the program. 46
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AAC
Conference
Association of Arkansas Counties Workers’ Compensation Trust
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hen you participate in the A A C Wo r k e r s ’ C o m p e n s a tio n Tru s t, you can relax in the hands of professional staff members who are going to take care of your needs. The AAC team has decades of experience in handling county government claims – t h e y ’ r e s i m p l y t h e b e s t a t w h a t t h e y d o ! Did we mention that participants in our plan are accustomed to getting money back? Since we started paying dividends in 1997, the AAC Workers’ Compensation Trust has declared almost $ 2 6 MI L L I O N dollars in dividends, payable to members of the fund. In fact, we mailed $1,000,000 in savings back to member counties in August 2014.
The service is available for any size county government and other county government-related entities. We’ve got you
c ov e r e d!
Members enjoy dividends! $26 Million paid since 1997
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Experienced & licensed examiners
covered Brandy McAllister
Debbie Norman
Debbie Lakey
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Risk Management &
Claims Manager
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RMS Counsel
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501.375.8698
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1415 West Third Street • Little Rock, Arkansas 72201
AAC
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IT Manager — Mark Harrell Family information: I’m married to my wife, Suzanne. We have two sons, Blake and Justin. Their wives are Mallory and Sydney. They each have one daughter. Blake and Mallory have Harlee, and Justin and Sydney have Lyla. My favorite meal: Fried crappie.
You might be surprised to learn that: I don’t like to fly. My pet peeve is: Someone being late. Motto or favorite quote: Everything will be alright.
When I’m not working I’m: Hunting, fishing or doing things outdoors.
How long have you been at AAC? Four months.
The accomplishment of which I am most proud: Raising two fine Christian sons. The hardest thing I have ever done: Having to find another job after 34 years with one company.
At the top of my bucket list is to: Do a cruise in Alaska.
Mark H arrell
What do you like most about your position at AAC? Being able to help out the counties with IT information. Working to make their jobs easier and more efficient gives me great satisfaction.
RMF Administrative Assistant – Karen Bell Family information: I have a wonderful boyfriend, a beautiful daughter and two sweet dogs.
My pet peeve is: People who run red lights and texting while driving.
My favorite meal: Pizza and Mexican food. When I’m not working I’m: I’m usually doing something around the house or shopping with my daughter.
Motto or favorite quote: Life is a balance of holding on and letting go (Rumi).
The accomplishment of which I am most proud: I’m not sure if she’d be considered an accomplishment, but I am most proud of my daughter. The hardest thing I have ever done: Is hopefully in the past.
You might be surprised to learn that: I’m not as quiet as I seem.
Karen Bell
At the top of my bucket list is to: I don’t really have one.
How long have you been at AAC and can you describe some of your successful AAC projects? I started as a temperary receptionist in June 2015 and moved to Risk Management Services two months later. I’ve learned a lot of different things, and I’m looking foward to learning more. What do you like most about your position at AAC? I like the variety of things I do. It’s a great place to work with a friendly atmosphere.
www.arcounties.org 48
COUNTY LINES, WINTER 2016
AACRMF benefits continue to strengthen program!
r u o y T n i s ’ t a h W ? y t n u co n GUARDIAN RFID has been exclusively endorsed by the National Sheriffs’ Association since 2008 and was the first product in the world to earn this distinction. n GUARDIAN RFID is the only Inmate Management System in the world that exclusively leverages radio-frequency identification (RFID) technology. n GUARDIAN RFID® Mobile™ is the most widely used mobile application in corrections, actively deployed in 25 states.
he AAC Risk Management Fund is managed by a Board of Trustees comprised of YOUR county colleagues. As a fund member, YOU help develop the fund’s products that meet the needs of our unique and valued county resources and employees. Our latest added benefit came to fruition in a partnership with Guardian RFID inmate tracking systems. All AACRMF member counties will reap the benefits of this cutting-edge system.This unique tool exceeded the needs and met the concerns of many members in regards to the challenges in county jails. e listened and now we’re proud to welcome this product to the Risk Management Fund program, and we look forward to a continued partnership with all of you.
W
Program outline: GENERAL LIABILITY AUTO PROTECTION PROPERTY PROTECTION RURAL FIRE DEPARTMENT PROGRAM
n Guardian Inmate tracking system GUARDIAN RFID is 20x faster and more defensible than barcode.
n Partnership with Metro to provide P.O.M Services
n Codification of county ordinances.
n Drug testing
Accessing your ordinances is made efficient by AAC compiling your substantive county ordinances and codifying them into a single-bound volume.
Debbie Norman RMF Director 501.375.8247
Riley Groover Claims Analyst 501.375.8805, ext. 522
Barry Burkett Loss Control 501.375.8805, ext. 523
Your peace of mind partnership for emergency claim services. RMFMembers receive priority response with participation in the AAC Property Program.
Free CDL drug testing with participation in the RMF Auto Program.
Cathy Perry Admin. Assistant 501.375.8805, ext. 543
Brandy McAllister RMS Counsel 501.375.8694
RMF Legal Defense Provided By
AAC
Family & Friends
www.naco.org
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About NACo – The Voice of America’s Counties National Association of Counties (NACo) is the only national organization that represents county governments in the U.S. NACo provides essential services to the nation’s 3,068 counties. NACo advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innovative solutions through education and research and provides value-added services to save counties and taxpayers money.
Rethinking flood protection in counties via new partnership By Jack Morgan The National Association of Counties (NACo) is proud to announce its partnership with The Nature Conservancy in a new collaborative effort aimed to help counties across the country better prepare for and respond to coastal storm surges or river flooding. Throughout the past 11 years, American communities have had ample reminders of nature’s unpredictable fury. Hurricanes Katrina, Rita, Wilma, Ike, Irene, Isaac and Sandy caused over 2,200 deaths and some $230 billion in damages. In 2011, we saw a flood on the Mississippi River that surpassed record flood elevations set in the “Great Flood of 1927.” More recently, in fact, people in Missouri and Illinois are still struggling to recover from floodwaters that killed at least 20 people in December. Additionally, in January a winter storm virtually shut down much of the East Coast and caused major coastal flooding while claiming more than 30 lives. Extreme weather events have become the unfortunate norm for counties across the nation. Since 2010, counties housing 96 percent of the total U.S. population were affected by federally declared weather-related disasters. Meanwhile, average flood losses in the U.S. have increased steadily to nearly $10 billion annually. As a result, the National Flood Insurance Program is $24 billion in debt. It’s clear that traditional approaches for mitigating risks from
storms are proving not to be enough. Often overlooked is the role that nature itself can play alongside traditional, manmade structures — like seawalls, dams and levees. For instance, when rivers have more room during floods, floodwaters can disperse and slow rather than rise, rage and threaten communities. Along our coasts as well, natural features like sand dunes and marshes can help reduce wave heights and absorb storm surges. Restoring and strengthening natural systems not only helps counties become more resilient by mitigating risks from extreme weather, but it also brings additional economic, health, and social benefits. Thus, this new partnership has begun working to show how communities can best use nature to reduce risk from storms and floods and improve their overall quality of life. Through this project, a practical, science-based ‘siting guide’ is being developed to help county leaders understand how and where nature-based solutions are most likely to help mitigate the risks of floods. Accordingly, NACo will also be working to identify and promote the efforts of counties that are already reaping the benefits of using nature-based solutions in this way. The American Planning Association, the Association of State Floodplain Managers, and Sasaki Associates are also partnering on this project. For more information, please contact NACo staff: Community & Economic Development Program Director Kathy Nothstine at knothstine@naco.og; or Community & Economic Development Program Manager Jack Morgan at jmorgan@naco.org.
Advertiser Resource Index
AAC Risk Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 AAC Workers’ Compensation Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 DataScout. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Front Cover Apprentice Information Systems, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Crews and Associates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Cover Guardian RFID. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Ergon Asphalt & Paving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Financial Intelligence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Nationwide Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Rainwater Holt & Sexton, PA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Southern Tire Mart. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Tax Pro. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Time Striping, Inc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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This publication was made possible with the support of these advertising partners who have helped to underwrite the cost of County Lines. They deserve your consideration and patronage when making your purchasing decisions. For more information on how to partner with County Lines, please call Christy L. Smith at (501) 372-7550.
COUNTY LINES, WINTER 2016
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TURNING ARKANSAS PROJECTS INTO PRIORITIES. Our team is committed to serving local communities. So we are especially honored to be ranked the top underwriter of Arkansas bonds for 2015, financing projects totaling more than twice the amount of any other firm. Thank you for counting on Crews & Associates – we’re looking forward to another year of opportunity for our great state.
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