Winter 2017 County Lines

The Official Publication of the Association of Arkansas Counties

County Lines WINTER 2017

An Even Keel: JP has served 52 years

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Wes Fowler: Stalwart for counties

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In This Issue

WINTER 2017

Features Hempstead County Judge serves for more than 50 years...........26 Remembering stalwart of county government...........................30

Inside Look Four new members named to AAC board of directors............. ...8 Board presents retiring member Diamond Service Award..........9 Longtime Johnson County justice of the peace retires..............11 Two seats arise in post-war Carroll County...................................32 WWI committee urging counties to plant trees...........................35

Newly elected officials train over two-week period....................42 Collectors honor retiring member.................................................44 AAC staff profiles: Amie Alexander...............................................48

Departments From the Director’s Desk...................................................................7 President’s Perspective......................................................................9 From the Governor.............................................................................11 Attorney General Opinions.............................................................. 12 Research Corner................................................................................14 Legal Corner.......................................................................................18

Arkansas County debuts new annex.............................................36

County Law Update...........................................................................20

Assessors go to Capitol, have photo opp with governor................37

From NACo.........................................................................................21

County clerks, treasurers visit state Capitol....................................38

Savings Times 2................................................................................22

Legislation, more on judges.’ winter agenda.................................39

Seems to Me......................................................................................24

Sheriffs hear from legislators during meeting............................41

NACo News Updates.........................................................................49

Cover Notes: A Bill Becomes A Law

(Photos by Christy L. Smith)

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n March 1, 2017, Arkansas Gov. Asa Hutchinson signed into law two bills from the AAC legislative package. HB1224, now Act 158 of 2017 and sponsored

by Rep. Jeff Wardlaw, prevents a person from running for election for more than one state, county, municipal, district or township office if the elections are to be held on the same date.

HB1260, now Act 276 of 2017 and sponsored by Rep. John Maddox, allows circuit clerks to request reimbursement from the Administrative Office of Courts for a one time prospective juror orientation.

The governor also signed an Electronic Recording Commission bill into law on March 1. HB1146, now Act 140 of 2017 and sponsored

by Rep. Jim Dotson, allows circuit clerks to enter into agreements with private entities to receive, review, scan and transmit documents for electronic recording.

As of March 1, about half of the bills in AAC’s legislative package had been signed into law.

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Top left: Rep. Jeff Wardlaw watches as Gov. Asa Hutchinson shakes AAC Legal Counsel Lindsey Bailey’s hand and gives her a pen he used to sign HB1224 into law. Top right: The governor, surrounded by circuit clerks and Rep. John Maddox, signs into law HB1260. Bottom right: Rep. Jim Dotson and members of the Electronic Recording Commission pose for a photo.

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Calendar

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2017

Mission Statement: The Association of Arkansas Counties

April 12-14 Collectors DeGray Lodge, Bismark

June 28-30 Judges Wyndham, North Little Rock

June 7-9 Treasurers Holiday Inn Express, Searcy

July 11-14 County Clerks Basin Park, Eureka Springs

June 14-16 Circuit Clerks Hotel Hot Springs & Spa, Hot Springs

Aug. 9-11 AAC Conference Statehouse Convention Center, Little Rock

June 19-23 Assessors Hampton-Holiday Inn, Mt. Home/ASU “The Shield” June 21-23 Collectors Winrock International, Petit Jean

CONTACT AAC

Association of Arkansas Counties

Calendar activities also are posted on our website:

www.arcounties.org

Samantha Moore, Receptionist smoore@arcounties.org

Karan Skarda, ACE Program Coordinator kskarda@arcounties.org

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

Josh Curtis, Governmental Affairs Director

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

jcurtis@arcounties.org

Lindsey Bailey, Legal Counsel lbailey@arcounties.org

Christy L. Smith, Communications Director

Cindy Posey, Accountant

csmith@arcounties.org cposey@arcounties.org

Mark Harrell, IT Manager mharrell@arcounties.org

Risk Management / Chris Villines, Executive Director cvillines@arcounties.org

Elizabeth Kellar, Executive Assistant ekellar@arcounties.org

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Workers’ Compensation Debbie Norman, Risk Management & Insurance Director, Risk Mgmt Services dnorman@aacrms.com

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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.

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 Greg Hunt, Claims Analyst ghunt@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

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Director’s

Desk

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County Lines Magazine

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

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

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

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Saying ‘good-bye’ to a dear friend

Director’s Desk

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or the third time in the last six years we mourn the untimely passing of an AAC associate. It feels a bit awkward not using the word “employee” there because even though Wes Fowler had retired from the AAC and later rejoined us as a consultant, he was as big a part of this office as many who walk in the doors each day.

The first day of February, like many other days during Chris Villines a legislative session, was spent planning and going over AAC committee assignments. Wes, like always, was up to the Executive Director task and ready to press county issues at the Capitol. It was clear early on that this session would keep Wes busy with a tire bill, Arkansas Department of Environmental Quality concerns and road funding. It was a challenge I think he relished.

Wes also was ready to jump into more county clerk issues this session, with a desire to educate wayward legislators on the ins and outs of elections — and a pragmatic ability to explain why things work the way they do. Many of you have had the opportunity to work alongside him at the Capitol, and all have walked away in awe of his ability to communicate our issues as counties. Little did we know that the next day we’d be picking up his flag and pushing on without him.

People in county government with his abilities are few and far between — and unfortunately dwindling. First elected as the Madison County Clerk in 1989, Wes learned the job quickly … so quickly that he decided he ought to learn the rest of the jobs around the courthouse. This desire for knowledge, coupled with an ability to understand computers, catapulted Wes into the courthouse “Swiss army knife” role — and eventually into the Madison County judge’s office in 1998.

During his time as a clerk he was instrumental in developing motor-voter laws and early voting. He was actually invited to the House floor to give testimony to the full House at one point as a clerk, an honor and sign of respect not bestowed on many others.

I first met Wes in the early 2000s. He was heavily involved in the county judges’ association at that point, and he served on the AAC board of directors. He instantly earned my respect. We worked together through the years either on the AAC board or the AAC Legislative Committee, roles he took seriously and worked hard at.

So in 2010 when I became director at the AAC, I called Wes. I knew he would bring the perfect balance of experience and knowledge to our office and could help out with our judges and clerks. Little did I know he would quickly become one of my best friends. I have learned over time to value people who don’t always agree with me. None of us have the market cornered on being right all the time. I especially value those who speak truth into my life. Proverbs 27:6 says, “Wounds from a sincere friend are better than many kisses from an enemy.” Wes was that sincere friend, and today I am a better man because of those wounds.

I learned new phrases from Wes that I still use today. I believe my all-time favorite sentence from Wes was, “I reckon we got a crapload of rain last night in Huntsville.”

Or maybe it was the word “You-uns” when he was addressing two or more people.

Another thing I can tell you is that Wes could fix anything. I asked him early in >>> 7

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his tenure at AAC if he wouldn’t mind overseeing contractors to remodel the ACME Brick building, an AAC-owned building across Victory Street from our building. It had been rented out intermittently through the years, and I thought his oversight could give us some usable rental property with consistent income. Well, apparently Wes doesn’t oversee contractors; he just jumped in and did it himself. In two to three months we had a building that was very marketable and much improved. To this day it has stayed occupied and rented because of his work.

I learned through the years that he had an incredible ability in construction. He built the library in Huntsville, as well as a number of houses in northwest Arkansas. And what he built, he built well. I worked on projects at home and leaned on his expertise. His advice was always sound.

What is most surprising about his early departure is that Wes was in fine health. Owning Oakridge Golf Course in Huntsville kept Wes in great shape. What I can tell you is that if you ever desire a life of leisure, do not own a golf course. He acted as head greenskeeper, mowing when the sun was out, eradicating varmints when the sun went down, handling the pro shop all the while not turning much profit. Wes never lamented the finances, though. He wanted the golf course for the citizens of Madison County to enjoy.

As for counties, many of you have been represented well by Wes Fowler through the years, though you may not know it. Whether it was sitting on the Highway Funding Blue Ribbon Committee, the Good Roads Council, the History and Heritage Preservation

Board, the Northwest Arkansas Economic Development District Board and pro-bono interim director, the AAC board of directors or the AAC Legislative Committee, just to name a few, Wes represented you and your counties well in this state.

We often think of a Renaissance man in cultural terms, maybe even with a highbrow connotation, but when you look at the definition, a Renaissance man refers to a person whose expertise spans a significant number of different subject areas.

Wes was definitely a Renaissance man when it came to county and state government. He understood every office and the interaction between them, a skill many of our county and state officials admired.

When Wes passed away on February 1, condolences poured into our office from the people who knew Wes as a county ambassador. But Wes was well known throughout Arkansas.

Countless others I have met knew Wes as a library builder, county clerk, county judge, golf course owner, husband, dad, pawpaw, friend or just plain old nice guy.

To Wes’ wife Rose, to his daughters Melissa, Michelle, Lori, to his son Leon, and to his 6 grandchildren — thank you all for sharing Wes with our state. As a diplomat for the counties of Arkansas, and as my true friend, I can tell you he lived life to the fullest and represented you and Madison County well.

We will persevere and fight the fight with one fewer soul beside us, but we will be stronger within because of the impact Wes had on us all.

Until we meet again, my friend.

Four new members named to AAC board of directors Four new members joined the AAC board of directors for its Feb. 8, 2017, meeting.

They are: Benton County Circuit Clerk Brenda DeShields, Pulaski County Coroner Gerone Hobbs, Crittenden County Collector Ellen Foote and Logan County Justice of the Peace Jeanne Andrews.

In addition, the board elected officers. Congratulations to Clark County Treasurer Judy Beth Hutcherson for being re-elected board president.

Randolph County Circuit Clerk Debbie Wise was reelected vice-president, and Polk County Judge Brandon Ellison was elected secretary/ treasurer.

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Welcome to newly elected officials

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ith another term for county officials, a new year and another general session underway, it is timely to reflect and say “thank you and goodbye” to our former county officials and to welcome the new elects as they get settled into their respective offices across our great state.

We are thankful for those who have served county government, and we wish you all the very best in either retirement or your next endeavors. As you already know, serving the public in a county elected office is a critical role of local and state government. A lot of times, it is a thankless job. We thank you for your service to your counties and to the Natural State.

Many newly elected officials were introduced to the Association of Arkansas Counties (AAC) during our newly elected seminars.

The AAC made some changes to this year’s biennial newly elected seminars in December. I want to thank leadership and seasoned officials in every one of our member associations and AAC staff for hosting and executing top-notch training for our newly elected officials. We often refer to taking office for the first time as “drinking from a fire hose.” This year AAC structured these seminars to be more personal and focused in each office instead of tackling all the new officials’ training in one day with several breakout sessions. During a two-week span, several member groups spent at least one day training; some put in two days here at AAC. All groups listened on their first mornings to presentations about the AAC on topics ranging from AAC structure and policy, to communications and the Freedom of Information Act and from risk management to retirement. In the afternoons and ensuing days, member group seminars became more office specific as staff and leadership dug deeper into the details of each office. We certainly hope we gave those newly elected officials who attended a good start at understanding their offices’ roles in the courthouse. But there is no equivalent

President’s Perspective

like actually serving in the office day to day. Therefore, associations will continue their educational efforts by offering continuing education seminars throughout the year. After all, AAC is here to continue to serve for the betterment of county government. As you can imagine, new officials will have many more questions once they get their feet wet and work Judy Beth Hutcherson in the office for a couple months.

AAC Board President; Besides continuing education, Clark County Treasurer AAC assists county officials in a multitude of ways. As board president, I have enjoyed a unique perspective of the impact of that assistance. AAC liaisons work closely with each association constantly vetting proposed legislation, educating officials on trends and changes in the law, and helping serve as a conduit with the state Legislature. If you are a newly elected county official and were not able to attend the seminars, I encourage you to contact AAC. The support and guidance the staff can provide will be significant in your new role. I wish you all the very best in public service. 75 counties. One voice.

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

AAC board presents retiring member with Diamond service award At their December 2016, meeting, the Association of Arkansas Counties’ board of directors presented its Diamond Award to Andrea Billingsley for her service to Little River County and to the board. Billingsley retired from her position as Little River County circuit clerk at the end of 2016.

AAC created the Diamond Award last year to honor those with outstanding service to Arkansas counties. Pictured here are AAC Board President and Clark County Treasurer Judy Beth Hutcherson and Billingsley.

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AAC

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Efficiencies and Model Ts

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everal years after Ford Motor Company was founded, the Model T hit the market in 1908. It captured what Henry Ford wanted for the everyday American — an affordable, reliable and efficient automobile.

To keep up with the high demand, Ford revolutionized his production process, which allowed the company to build vehicles faster and keep costs lower. He was innovative, efficient and consistently worked to meet the needs of consumers. By the late 1920s, Ford Motor Company had become the largest manufacturer in the world, having produced more than 15 million Model Ts. Now, I’ve never built a Model T, but I have worked to improve the performance and efficiency of state government. Just as Henry Ford focused on producing his autos efficiently, today we turn our focus on creating leaner government services in Arkansas.

In 2015, the Arkansas legislature voted to consolidate four state agencies at my request. Already, these moves have helped our agencies streamline services and better utilize taxpayer dollars. Over the next five years, we’re expected to save around $10 million. These changes are yielding big savings — and contributing to a new generation of ideas and efficiencies in state government. This year, I proposed three additional reforms: First, transferring the Energy Office from the Arkansas Department of Economic Development to the Department of Environmental Quality in order to more effectively implement our energy programs.

Secondly, moving the Office of Health Information Technology

From The

from being a stand-alone agency to Governor the Department of Health.

And finally, transferring the War Memorial Stadium Commission to the Department of Parks and Tourism, giving the stadium access to more resources and new marketing opportunities for revitalization.

Thanks to the work of the General Assembly, these three efficiency measures have passed and will soon become law. I’m pleased to see our Hon. ASA state’s lawmakers and leaders comHuTCHINSON ing together and working smarter Governor of Arkansas for the people we serve. Reducing the costs of government and being more efficient is something we work on every day.

In the words of Henry Ford, “Coming together is a beginning; keeping together is progress; working together is success.”

When we work together, there’s nothing our state can’t accomplish. It’s not a Model T, but it’s a model that’s reliable, efficient and makes state government work well for everyone.

Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas

Longtime Johnson County Justice of the Peace Gene Raible retires Johnson County honored now-retired Justice of the Peace Gene Raible on Dec. 8. Raible, who held position 8 on the Johnson County quorum court, retired after 17 years of service.

Raible served as county assessor for 18 years and as assessor-collector for four years prior to his tenure on the quorum court.

As a justice of the peace, Raible represented Johnson County on the West Central Arkansas Planning and Development District Board and the Area Agency on Aging Board. He also served as Johnson County’s representative to the Arkansas Association of Quorum Courts (AAQC). He served three terms as AAQC president. He also previously served on the Association of Arkansas Counties (AAC) board of directors and on the AAC’s Legislative Committee.

Pictured at the retirement reception are (from left to right) Hardie Reynolds of Total Assessment Solutions Corp., Justice of the Peace Gene Raible and Johnson County Judge Herman Houston.

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— information contributed by Johnson County Graphic 11

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AG Opinions: Work limits on probationers, constable vehicles AG OPINION NO. 2016-091 May individuals who are on probation be used to work for non-profit organizations? 309 prisoners cannot be used to work for nonprofit organizations because these inmates are specifically assigned to work on the particular job needs of public detention facilities and political subdivisions. The Attorney General explained that 309 inmates who are released from the Arkansas Department of Correction (ADC) for work assignment have a particular scope of projects allowed by law. It is clear from the plain language of section to Ark. Code Ann. § 12-30-407 that 309 prisoners are assigned to work on the job needs of political subdivisions public or detention facilities. The statute further specifies that the assigned inmates must work at jobs that “directly benefit” the public entities. The inmates are to work at jobs that directly benefit a political subdivision or their facilities. It is also required that the project is related to a particular inmate’s background classification and that the inmates are to be under supervision at all times.

With regard to “community service workers,” those offenders who have been assigned to community correction programs administered by the Arkansas Department of Community Correction (ADCC) can, in the opinion of the AG, generally be directed to work for non-

profit organizations. This includes offenders who have been assigned to community correction programs under Ark. Code Ann. § 16-93-1201 et seq. and “community service programs, including both supervised and unsupervised work assignments and projects such that offenders provide substantial labor benefit to the community.” Ark. Code Ann. § 16-93-1202. The AG noted that the subject regulations define “community service program” to include “work-site agreements with non-profit agencies or organizations….” As for community service work by other offenders, Ark. Code Ann. § 5-4-803 authorizes a court to condition an eligible offender’s suspended sentence upon his incarceration in a county or regional jail to work on a “community work project,” which is defined to include only projects on “public lands, public buildings, public roads, public parks, and public rightsof-way….” Ark. Code Ann. § 5-4-322 authorizes a district court to sentence a defendant to “public service work” and appears to authorize “working off fines” through community service work. The AG concluded that offenders sentenced to “public service work” under section Ark. Code Ann. § 5-4-322 can perform work for nonprofit organizations.

AG OPINION NO. 2016-088 The AG noted the problems with pay-

Online

&

Interactive @75arcounties

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AG Opinions

ing or reimbursing a constable for fuel in their privately-owned vehicle. Constables are township ofMark Whitmore ficials, not AAC Chief Counsel county officials. However, Ark. Code Ann. § 14-14-1310 allows a county quorum court to appropriate funds for the reimbursement or payment of the reasonable expenses of a constable.

The code mandates that a vehicle used by a constable be properly marked and equipped. Ark. Code Ann. § 14-141205 also allows the quorum court to affix a salary for constables. The AG concluded that fuel expenses may be included in compensation. The AG, however, underscored serious accounting issues and potential abuse in reimbursing an individual for fuel placed in their privately-owned vehicle. The generic means of reimbursement of use of a private vehicle for work related travel is set forth on Ark. Code § 14-14-1207. {Legislative audit and best practices might reject an appropriation or payment of a claim for reimbursement for fuel for a privately-owned vehicle}.

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

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

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

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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.

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Exploring the ways Issue 1 amends the state Constitution

Research Corner

“I am not interested in power for power’s sake, but I’m the mid-1980s, when Amendment interested in power that is moral, that is right and that is 63 was enacted, the Arkansas General Assembly was in session biengood.” — Martin Luther King, Jr.

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here are many provisions in Arkansas law that indicate that this great state and its people hold their public servants to a high moral standard. At the close of the 2016 General Election, Arkansans approved four new constitutional amendments, including Issue 1, which garnered more than 70 percent of the vote, with 747,856 votes for and 317,093 votes against, and codified several new ethically-minded reforms. In fact, there are four ways that Issue 1 amends the Arkansas Constitution. First, it extends the length of terms for county elected officials from two years to four years.

Second, Issue 1 precludes county elected officials from simultaneously being appointed or elected to a civil office during their terms. Third, it defines “infamous crime” for the purposes of determining who is eligible to run for or continue to hold an elected position. Finally, Issue 1 allows candidates who are unopposed to be elected without their name appearing on the ballot. It may be difficult to predict exactly how the Arkansas Supreme Court will define each of these provisions, but some insight on how similar provisions have been interpreted and other background information will help understand exactly what each part of Issue 1 means for county elected officials going forward.

Four-Year Terms The main focus of Issue 1, or at least the part of Issue 1 that most people are familiar with, is an extension of the length of the term in office for county elected officials from two years to four years. Starting in the 2018 midterm election, county judges, sheriffs, circuit clerks, assessors, coroners, treasurers, county surveyors, county clerks and collectors will be elected to serve fouryear terms. Justices of the peace, on the other hand, will still face re-election every two years. Issue 1 is the most recent adjustment Arkansans have made to the length of terms and term limits at various levels of state and local government in the last 30 years. In 2014, Arkansans extended the total number of years someone can serve in either chamber of the Arkansas General Assembly, after first enacting term limits for the legislature in 1992. In 1984, Arkansas was one of the last states to extend the length of terms for the governor from two years to four years when it passed Amendment 63. Arkansas adopted two-year terms for the governor in the Constitution of 1874, as a rejection of the executive power that was exercised during the Reconstruction era, but eventually everyone came to a consensus that two years was not long enough for a governor to effectively manage his or her administration. In 14

nially, which meant that the governor only had one shot to change policies or enact any reforms. It was also difficult to find people to serve as agency department heads Sarah Giammo for two years. Some of the same Law Clerk parallels can be made between the difficulties of a governorship that lasts two years and terms for county elected officials that last only two years. Finding and replacing staff every two years when a new administration is elected, and tackling long-term projects such as budgeting and planning that often take more than two years to complete, are made more difficult by having such a short amount of time in office. Four-year terms will also give county elected officials the opportunity to spend more time focusing on the duties of their office, and less time on the campaign trail.

Unopposed Candidates Another relatively straightforward provision of Issue 1 concerns unopposed candidates. Now codified as Article 3 §13, it permits the legislature to enact laws electing candidates who face no challengers without placing their names on the ballot. This means that when you go to vote, there will no longer be a list of the names of candidates running for office who are unopposed. The provision further states that unopposed candidates will be “certified as elected in the same manner as if the candidate had been voted upon at the election.” In the usual manner of certifying elections results, the county board of election commissioners is required to announce preliminary vote totals and unofficial results as they come in on election night; then the board has no less than two and no more than 15 days to certify the election and transmit the results to the secretary of state. Finally, § 13 states that if no other offices or issues are on the ballot, no election will be held.

Infamous Crime Issue 1 also provides a much-needed definition for “infamous crime.” Most people, upon hearing the phrase “infamous crime, are likely to respond by asking what exactly that means. Issue 1 seeks to answer that question. Before Issue 1 was passed, Article 5 § 9 of the Arkansas Constitution stated that anyone who had been convicted of embezzlement of public money, bribery, forgery or other “infamous crimes” was ineligible to run for office.

The definition of infamous crime has eluded Arkansas courts and COUNTY LINES, WINTER 2017

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lawmakers alike for a long period of time. The Arkansas Supreme Civil Office One final provision of Issue 1 amends Article 7 of the Arkansas Court first attempted to define infamous crime in 2005 in State v. Oldner, a case against the mayor of Dumas for removal of of- Constitution by adding § 53, which states: “a person elected or fice. The state petitioned for removal after the mayor had been appointed to any ... county offices shall not, during the term for convicted of witness tampering, abuse of office and theft. The which he or she has been elected, be appointed or elected to any court held that the framers intended infamous crimes to include civil office in this state.” Article 7 § 53 will have the effect of limthose that involve elements of deceit and dishonesty and that iting the capacities in which county elected officials can serve as would “impugn the integrity of the office.” Addressing the issue members or officers of other boards and organizations. This proagain in 2010 in Edwards v. Campbell, the court elaborated on vision is almost identical to Article 5 § 10, which applies to memthe standard, indicating that whether the underlying elements bers of the Arkansas General Assembly: “No Senator or Represeninvolve deceit or dishonesty is what is important, not how severe tative shall, during the term for which he shall have been elected, the commission of the crime was or the punishment imposed. be appointed or elected to any civil office under this State.” HowThis proved especially true in a case from 2013, State v.Cassell, in ever, both the drafters of the older provision that applies to legwhich a sheriff was removed from office for a misdemeanor theft islators and the new amendment that applies to county officials conviction from 1979, after taking chickens from an overturned declined to define the term “civil office,” ultimately leaving the interpretation up Tyson truck. The to the courts. This court emphasized portion of Issue 1 that it would not consider the cirrticle 7 § 53 will have the effect of limiting the capacities will likely be the most contentious cumstances of the moving forward. To in which county elected officials can serve as members crime. Because the date, the Arkansas sheriff had been Supreme Court has or officers of other boards and organizations. ... This portion of convicted of the said that “a civil ofinfamous crime of fice is a grant and Issue 1 will likely be the most contentious moving forward. theft, regardless of possession of the when it occurred sovereign power,” or the fact that the and sovereign powchickens would er is the authority of have been discarded anyway, he was disqualified from serving in the state to act. The court has further emphasized that Article 5 office. Some legislators believed that infamous crime could be de- § 10: fined still more specifically. In 2013 the legislature passed a bill to do just that; however, because the Arkansas Supreme Court cases [was] designed and intended as a protection against the concerning infamous crime were interpreting the Arkansas Conpossible conflicts in interests a member of the legislature stitution, the only way to effectively change the definition was might have as an elected official with the power, influence, through a constitutional amendment. State Rep. David Bransand authority to create positions and offices, and the intercum, the sponsor for both Act 724 of 2013 and the infamous est he might have as a private citizen who would desire to crime portion of the Issue 1 referendum, said his efforts were hold such civil office by appointment or election. spurred by the recent Arkansas Supreme Court cases. Branscum wanted to prevent public officials from being subject to unnecesMoreover, the Arkansas Supreme Court and the Arkansas Atsary litigation based on someone’s personal vendetta because, as torney General have repeatedly stated that “[i]n many of the States he stated, without a precise definition of infamous crime, the the Constitution merely prohibits legislative representatives, durphrase could be interpreted however one wanted to interpret it. ing their terms, from holding an office created during that term, Thus, Branscum’s proposed definition was intended to leave little or where the salary of the office is increased during the term. But to no room for subjective interpretation. Now the new subsection the language of our Constitution is broader.” The implication is (b) of Article 5 § 9 reads: “‘infamous crime’ means: (1) a felony that Article 5 § 10 does not simply prohibit legislators from takoffense; (2) abuse of office as defined under Arkansas law; (3) ing a position that they themselves created or enhanced, the contampering as defined under Arkansas law; or (4) a misdemeanor stitutional provision is meant to prevent legislators from using offense in which the finder of fact was required to find, or the their position in office for self-aggrandizement. In defining what defendant to admit, an act of deceit, fraud, or false statement, constitutes a civil office, the court has declined to lay down any including without limitation a misdemeanor offense related to See “FORWARD” on Page 16 > > > the election process.”

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Forward bright line rules, but it has provided several features that typically make an “office” distinguishable from a regular “employment.”

For example, unlike an employment, the compensation and duties of an office are usually provided by law, either by the Arkansas Constitution or by statute, and the responsibilities of an office continue even after the person holding the position changes. The court has provided an additional list of factors that tend to signify a civil office, which includes: taking an oath; giving or posting a bond (a written promise to pay money or perform some act if the person does not faithfully discharge the responsibilities of the office); and receiving a formal commission. No one factor is dispositive, but the absence of any or all of the factors would suggest that the position is employment instead of a civil office. Timing is very important where Art. 5 § 10 is concerned. The provision applies after a person is seated in the legislature and during the entire length of his or her term. The provision does not preclude a legislator from running for or being appointed to another position as long as the terms do not overlap. If the terms do overlap, however, the prohibition would apply, and resignation would not remedy the cause for concern. The fact that the official is not paid or serves in an ex-officio capacity also does not satisfy the prohibition. Ultimately for county elected officials, this provision may affect their eligibility to serve on various boards and commissions.

Some of the positions the court has already deemed civil offices have included: municipal judge, county election commissioner, member of school board, member of county board of education, and prosecuting and deputy prosecuting attorneys, among others. To illustrate, for example, the attorney general found that a municipal housing commission is a civil office because (1) the position is created by state statute; (2) the tenure, compensation, and duties of the position are created by statute; (3) the duties of the office are public in nature; and (4) the duties are not affected by a change in the person of the incumbent. On the other hand, an auditor for the Arkansas Burial Association Board (ABAB) was not considered a civil office. Even though a statute established the ABAB, the statute did not set out the term or tenure of the auditors, the pay or the duties of the position. The auditors could have been hired via contract or agreement with the board. Article 7 § 53, may also affect county elected officials’ ability to seek a higher office. For example, because the length of their terms in office has been extended from two years to four years, it is possible that a house or senate seat will come open during their term.

In that case, county elected officials will not be eligible to run for the open seat, and resignation from their county elected position will not fix the problem. Note that even though justices of the peace will continue to serve only two year terms, they too, will not be permitted to be elected or appointed to another civil office during their term.

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Conclusion Whether Issue 1 will accomplish everything it set out to accomplish by its various provisions remains to be seen. The creation of four-year terms and the provision enabling the legislature to pass laws permitting unopposed candidates to be elected without their names being published on the ballot, appear to be the easiest provisions to implement. It is unclear whether the new definition for “infamous crime” resolved all of the uncertainty with respect to which crimes should ultimately be classified as infamous, and there will be many details to sort out regarding which boards and commissions have positions that should be labeled “civil offices.”

Sources CAL LEDBETTER, JR., THE ARKANSAS HISTORICAL QUARTERLY, 69-70 (Vol. 37, No. 1 1978).

State v. Oldner, 361 Ark 316, 323, 206 S.W.3d 818, 319 (Ark. 2005).

Edwards v. Campbell, 2010 Ark. 398, *9, 370 S.W. 250, 255.

State v. Cassell, 2013 Ark. 221, *7, 427 S.W.2d 663, 667.

Wood v. Miller, 154 Ark. 318, 322-23, 242 S.W. 573, 575 (Ark. 1922).

State Bd. Of Workforce Educ. v. King, 336 Ark. 409, 416, 985 S.W.2d 731, 734 (Ark. 1999).

Id. (quoting Harvey, 248 at 46, 450 S.W.2d at 288.)

Wood, 154 Ark. at 322-23, 242 S.W. at 575. (Emphasis added).

Ark. Op. Att’y Gen. 1999-396 (2000).

Lucas v. Futrall, 84 Ark. 540, 547, 106 S.W. 667, 669 (Ark. 1907).

Maddox v. State, 220 Ark 762, 763-64, 249 S.W.2d 972, 97273 (Ark. 1952).

Ark. Op. Att’y Gen. 96-245 (1996). See also, Ark. Op. Att’y Gen. 2006-078 (2006).

Johnson v. Darnell, 220 Ark. 625, 629-630, 249 S.W.2d 5, 7-8 (Ark. 1952). See also, Jones v. Duckett, 234 Ark. 990, 992, 356 S.W.2d 5, 6 (Ark. 1962) (stating, “[w]e recently held in Johnson v. Darnell, that a state representative might, during his term of office, be elected to another office if his tenure there would not begin until after the expiration of his term of office as a legislator.”).

Jones, 234 Ark. at 992, 356 S.W.2d at 6. See also, Ark. Op. Att’y Gen. 2006-078 (2006).

King, 336 Ark. at 416, 985 S.W.2d at 734.

Wood, 154 Ark. at 323, 242 S.W. at 575. See also, Johnson, 220 Ark. at 629-630, 249 S.W.2d at 7-8.

Jones, 234 Ark. at 992, 356 S.W.2d at 6.

Bird v. State, 240 Ark. 743, 745, 402 S.W.2d 121, 123 (Ark. 1966).

Martindale v. Honey, 259 Ark. 416, 419, 533 S.W.2d 198, 199 (Ark. 1976).

Ark. Op. Att’y Gen. 96-147 (1996).

Haynes v. Riales, 226 Ark. 370, 376, 290 S.W.2d 7, 10-11 (1956).

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To see the full client testimonials, please visit our website: www.financial-intel.com

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Arkansas Attorney General: If the courts don’t halt federal agency overreach, then maybe President Trump will

Legal Corner

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rkansas Attorney General Leslie Rutledge has made tems in which those species live. The it no secret that she was not a fan of the Obama ad- ESA gave the services the authority ministration and its environmental agencies’ rules to administer the act, including prothat set forth unprecedented constraints over the mulgating rules as necessary to carry use of our country’s water, minerals and other natural resources. out the goals of the act. One imporOne common complaint of the Attorney General has been the tant authority the ESA confers to the LINDSEY BAILEY refusal of the Obama administration and its agencies to consult services is the authority to designate General Counsel or give proper deference to the states or their claims on behalf of certain lands as “critical habitats.” their citizens, specifically their farmers, that the costs of imple- Historically, critical habitats can fall menting the new environmental rules were not given adequate under one of two classifications: occonsideration. cupied or unoccupied. The first type of critical habitat are areas One of the Attorney General’s most notable victories in slow- that are presently occupied by an endangered or threatened speing, if not halting, costly and unlawful environmental regulations cies that contain physical or biological features that are “essential occurred in June 2015, when the U.S. Supreme Court issued its to the conservation of the species” and “which may require speopinion in Michigan v. cial management considEPA. The court ruled erations or protections.” that the EnvironmenFurthermore, an area tal Protection Agency that is currently unocoday, Arkansas, under the leadership of Atoverstepped its authorcupied by an endangered ity when it found that or threatened species may torney General [Leslie] Rutledge, is once again be designated as a critiregulation of the nation’s power plants was “approhabitat if the services among those states leading the effort to thwart unwar- cal priate and necessary,” and determine that “such arissued standards that, by eas are essential for the ranted federal control over environmental issues. its own estimates, would conservation of [such a] cost 1,600 to 2,400 times species.” more than the quantifiThe Final Rules proable benefits of the regumulgated by the services lations. This opinion was a considerable victory for Arkansas and would amend the definition of “critical habitat,” specifically those 22 other states, affirming that agencies such as the EPA “must that are not presently occupied by an endangered or threatened operate within the bounds of reasonable interpretation” when species. Historically, unoccupied areas could be designated as critiimplementing laws and that the EPA “strayed far beyond those cal habitat “only when a designation limited to its present range bounds when it read [The Clean Air Act] to mean that it could would be inadequate to ensure the conservation of the species.” ignore cost when deciding whether to regulate power plants.”

Then, if such designation is granted, federal agencies must consult Today, Arkansas, under the leadership of Attorney General with the services to “ensure that any action authorized, funded, or Rutledge, is once again among those states leading the effort to carried out by such agency ... is not likely to jeopardize the continthwart unwarranted federal control over environmental issues. ued existence of any endangered species or threatened species or Arkansas and Alabama are leading 16 other states in a lawsuit result in the destruction or adverse modification of habitat of such filed in an Alabama district court against the U.S. Fish and Wild- species” (emphasis added). Traditionally, the ESA has respected the life Service, among others, asking the court to vacate and enjoin states’ rights to manage and control their respective lands and wathe Final Rules issued by the U.S. Fish and Wildlife Service and ters, acknowledging that “[u]nless preempted by Federal authority, the National Marine Fisheries Service (“the Services”) in Febru- States possess primary authority and responsibility for protection ary 2016. and management of fish, wildlife, and plants and their habitats.”

The Endangered Species Act (ESA) was originally passed in The ESA directs that the Services should “cooperate to the maxi1973 to protect and recover endangered species and the ecosys- mum extent practicable with the States.”

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However, the lawsuit against the services by 18 states alleges: If allowed to stand, the Final Rules would allow the Services to exercise virtually unlimited power to declare land and water critical habitat for endangered and threatened species, regardless of whether that land or water is occupied or unoccupied by the species, regardless of the presence or absence of the physical or biological features necessary to sustain the species, and regardless of whether the land or water is actually essential to the conservation of the species.

The lawsuit alleges that the Final Rules contradict current ESA requirements for occupied areas to be designated as critical habitat, but furthermore, the complaint alleges that the Final Rules “would allow the Services to designate areas as unoccupied critical habitat almost without limitation,” even though the original statutory language of the ESA clearly contemplates meeting a higher threshold for unoccupied areas than for presently occupied areas. It further claims that the Final Rules would allow the services to designate almost any activity as potentially destroying or adversely modifying a critical habitat if it might prevent an eventual development of physical or biological characteristics necessary to support an endangered or threatened species in an

area not presently occupied by the species. However, the statutory language of the EPA is “present-focused.” It only prohibits activities that do result in the destruction or adverse modification of the habitat of endangered or threatened species — not activities that might one day prevent an endangered or threatened species from inhabiting an area that the species does not currently inhabit. Attorney General Rutledge and the 17 other states listed in the lawsuit ask the court to vacate the Final Rules and enjoin the states from enforcing them.

In addition to the lawsuit, Attorney General Rutledge joins 13 other state attornies general in signing a letter to President Trump, dated Jan. 17, 2017, asking the administration to immediately repeal the Final Rules. The letter echoes from the lawsuit the burden put on states in complying with these rules when undertaking construction projects [transportation projects, pipeline construction and maintenance, forest and storm water management, and other infrastructure operations], as well as when issuing permits for herbicides and pesticides. If Trump’s administration acts swiftly to repeal the Final Rules, then action by the court would become unnecessary. If not, it will be up to the courts to either follow the precedent set forth in Michigan v. EPA, or alternatively, find that the rules were in fact within the scope of the ESA’s statutory scheme.

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Beware of county contract liability

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It is ... well settled that the law in effect at the time a contract is made forms a part of the contract as if it had been expressed in the contract.” See Woodend v. Southland Racing Corp., 337 Ark. 380, 384, 989 S.W.2d 505 (1999), citing Mahurin v. Oaklawn Jockey Club, 299 Ark. 13, 771 S.W.2d 19 (1989). “[I]mplementing legislation vests the exclusive power to contract for the county in the county judge.” Ark. AG Op. No. 2007-009. County contracts must be approved by and signed by the county judge. As a general principle the county judge is the contracting authority for the county, but he or she must use that authority only after all the other required procedures have been followed. AG Opinion No. 2003-012.

County “Purchase” Contracts: A county “purchase” contract is controlled by the County Purchasing Procedures. Ark. Code Ann. 14-22-112 is a part of the County Purchasing Procedures. Ark. Code Ann. 14-22-112 requires any county purchase contract to be “approved by the county court, and no contract shall be binding on any county until the court shall have issued its order of approval.” The Attorney General has said: “[I]n the wake of Amendment 55, the reference to the “county court” should be to the “county judge.” Ark. AG Op. No. 2007-009.

“Money to Be Paid Out of the Treasury” Contracts: Ark. Code Ann. 14-14-1102(b)(2)(C)(ii) is about “money ... paid out of the treasury,” and it says: “The county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefore in the manner provided by law.” A contract obligating (or allegedly obligating) the county to “pay money out of the treasury” is not a valid contract unless and until it has been “enter[ed] into” or “approved” by the county judge.

“In the Manner Provided by Law”: Ark. Code Ann. 1414-1102(b)(2)(C)(ii) (caps added for emphasis) makes it clear that “[t]he county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefore IN THE MANNER PROVIDED BY LAW.” Before executing any county contract, the county judge must ascertain that it has been done in the manner provided by law.

Many types of county contracts have unique laws that apply to only that particular type of contract.

Computer Contract Dispute Example: An example of how the county can get stuck with having to buy its way out is the computer services contract is set forth in the Government Service Automation, Inc. v. Faulkner County, 929 F. Supp. 338, 341 (E.D. Ark. 1995) case. The GSA contract had an “opt out” provision (that was needed to comply with Ark. Const. art. 12, § 4), the “Funding Out Provision,” which said: “The continuation of this agreement ... shall be subject to the approval of the annual cost of this agreement by the County’s Quorum Court as an approved item of the county’s Annual 20

County Law Update

Budget. Should this agreement fail to be approved as an item in the annual County budget, the County will notify GSA in writing and the operation of this agreement shall fully terminate within sixty (60) days ... Provided however, that the County shall not during the state term of this Agreement enter into any agreement or arrangement under the terms of which funds sub- MIKE RAINWATER ject to the County’s control would Risk Management be expended to provide the County Legal Counsel services provided under this agreement without paying to GSA all funds due under the terms of this agreement for its full stated term.” The county switched vendors and got sued for breach of this part of the agreement and ended up paying money to get loose from the contract it said had been breached by GSA in the first place. See AG Op. No. 2008-161. The county judge (the contracting officer for the county) should choose the computer services vendor carefully and not sign any computer services contract without prior legal review regarding the hidden cost of later getting out of that contract if it becomes necessary or desirable.

The Law Cuts Both Ways: Contracts are binding on both parties, according to the terms of the contract and according to the requirements of the law (which requirements are incorporated into the various contracts). If the required procedures were not followed, then a purported contract would appear to be void and unenforceable. On the other hand, a contract cannot be canceled or terminated in a manner that is contrary to its terms or contrary to the law applicable particular to that type of contract. So, likewise, the decision to abandon a county contract before it expires according to its terms must be approved by and made by the county judge.

Conclusion: Arkansas law has different complicated procedures for different kinds of county contracts. Since there is generally no “general liability” protection for breach-of-contract liability, as there is for torts and civil rights violations, much care should be given to any decision to contract or to terminate an existing contract. So you can know for sure the rules that will apply to both contracting and to ending the relationship with an existing vendor, legal counsel is appropriate and advised.

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 state-wide 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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Welcome, newly elected officials

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017 brings new faces to all levels of government, and thousands of leaders are beginning new roles in county government. To those leaving county government, thank you for your service. To those beginning or continuing county service, we look forward to your participation in the National Association of Counties (NACo) in the coming year.

For many of you, this may be your first time holding public office. More than a decade ago, I was in the same position when I was first elected to the Leon County, Fla. Board of Commissioners.

In my early days as a commissioner, just as my state association proved to be invaluable, I quickly learned that NACo was also tremendously helpful. Through unique services, resources and programs, NACo empowered me to be a more effective county leader, and I know NACo will equip you to better serve your county. Here’s a quick snapshot of what we’re doing at the national level to keep counties healthy, vibrant and safe.

Federal Advocacy Washington, D.C. may seem distant and unrelated to your day-to-day responsibilities, but decisions made by the White House, Congress and federal courts have major, cascading impacts on our ability to lead our communities and pursue a better future. Federal legislation, regulations and unfunded mandates can significantly affect county budgets and our residents’ lives.

NACo adeptly represents our nation’s 3,069 counties, parishes and boroughs in our intergovernmental system and offers resources to keep county officials informed and engaged on issues important to our residents. County News, your print and online newspaper, connects you to counties across the nation.

Policy briefs, reports and other resources can be found at www.

NACo.org/advocacy.

NACo also gives its members the opportunity to be directly involved in the federal policy process. More than 1,300 members serve on NACo committees, boards and caucuses that address a wide variety of issues.

Through our 10 policy steering committees, members set NACo’s agenda and legislative priorities. In 2016, our members testified before Congress on key legislative and regulatory issues facing counties and represented counties on more than 50 federal task forces and advisory groups.

NACo is truly elevating county voices in Washington, D.C., and I encourage you to get involved by joining a policy committee.

Resources For many county leaders, serving on the county board is a part-time job with full-time responsibilities. That’s why NACo provides easily accessible, online resources that will save you time and energy.

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From NACo

NACo’s award-winning County Explorer gives you access to countyspecific data right at your fingertips.

This interactive online tool, with more than 900 data sets, grows every month with new research and updates. It also provides county-specific profiles for issues such as endangered species and transportation, and statespecific profiles for issues like tax-exBryan Desloge empt municipal bonds.

NACo President We maintain a grants clearinghouse with hundreds of federal grant opportunities for counties.

This online, one-stop shop enables NACo members to search for grants by category, eligibility, funder type and state.

Lastly, you’ll be making difficult decisions every day, and NACo understands how important it is to have accurate information readily available. NACo offers a large collection of research publications, reports and webinars online for free. NACo is here to help you and your county thrive.

Cost-Saving Solutions Budget constraints are an issue in every county, and NACo provides programs designed to save your county and residents money. Here are some examples: • •

•

U.S. Communities Cooperative Purchasing Alliance — Leveraging the purchasing power of more than 70,000 public sector entities.

Nationwide Deferred Compensation and other employee benefits — Helping more than 1.5 million county employees and retirees save more than $15 billion extra for retirement.

Live Healthy U.S. Counties — NACo member counties have achieved $650 million in savings on prescription drug, health and dental services for county residents.

I encourage you to leverage your NACo membership to benefit your communities and residents. Together, we can build stronger counties and a stronger America.

The Hon. Bryan Desloge is the president of the National Association of Counties and a Leon County, Fla. commissioner. For more information, contact membership@naco.org.

Turn to pages 38 and 39 to view photos from the training seminars the Association of Arkansas Counties (AAC) hosted Dec. 5-15, 2016 for Arkansas’ newly elected county and district officials.

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Don’t just sit there!

he word seems to be out about the dangers of prolonged sitting. The Jan. 9, 2017, issue of the NACo County News includes an article titled “These Boots are Made for ... Standing.”

The first sentence of the article reads, “Sitting is the new smoking.” These words will get your attention if you, like many of us, are required to sit at a desk the majority of your working day.

According to Dr. James Levine from the Mayo Clinic, “Research has linked sitting for long periods of time with a number of health concerns, including obesity and metabolic syndrome — a cluster of conditions that includes increased blood pressure, high blood sugar, excess body fat around the waist and abnormal cholesterol levels.

Too much sitting also seems to increase the risk of death from cardiovascular disease and cancer.”

Health professionals say that the solution is simple and

Savings times 2

straightforward ... sit less and Wallet & waistline move more. But how can county folks make that happen based on the requirements of their jobs?

One option is to use standing desks. Pulaski County Treasurer/ Collector Debra Buckner purchased two standing desks about a year ago for people in the Department of the Collector’s Data Processing Department.

Becky Comet These desks can be raised AAC Member and lowered to accommodate Benefits Manager alternating between standing and sitting. Kim Leubner, computer coordinator, says that she alternates between standing and sitting for about an hour at a time. She also reports that with the double monitors and other equipment on the desk, it is a bit difficult to raise and lower, even with the built in hydraulic assistance. Furthermore, Kim found standing more comfortable with the addition of a floor mat. She finds sitting for long periods of time is painful to her back. Kim is grateful for the addition of this desk and feels it can be an asset for anyone that has to sit for long periods of time.

Pulaski County’s David Johnston, hardware analyst, has tried a similar desk. The equipment he has makes it too heavy to raise and lower the desk frequently, so he does not use the standing option. Consequently, his desk will be moved on to someone else that would like to give it a try. These drawbacks and solutions experienced first hand by employees in the Pulaski County Collector’s Office are brought to light in the NACo article as well: “Raising and lowering the surface may be difficult for employees with arm, shoulder, elbow and back restrictions, or for employees who are below a certain height.”

NACo continues, “Another possible complication of standing desk introductions is the need for other equipment. In addition to the desk itself, the employee might now need a longer monitor cord, a wireless mouse and keyboard, a longer phone cord, and a different floor mat on which to stand.”

Kim Leubner, computer coordinator in the Pulaski County Collector’s Buckner’s solution is on target according to office, uses a standing desk that allows her to alternate between standing NACo, “One possible solution is to have a trial and sitting. Health professionals have said that sitting for extended periods of time causes a number of health issues, including obesity and increased risk standing desk, where employees use the desk for a of death from cardiovascular disease and cancer. month and see how much they choose to stand, if 22

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they can manipulate the desk and whether they like the workstation on a day-to-day basis.”

Buckner says, “I’m looking for success with a single monitor that’s narrower and lighter. This is what most county employees need. Sitting for hours on end is so bad for all of us. I want to do all I can to contribute to the health and wellness of our employees.”

Understandably, not all counties can purchase standing desks for their employees. There is no one-size-fits-all answer when it comes to combatting the issues that come with prolonged sitting. Cornell University suggests that a combination of sitting and standing is ideal. Other health professionals recommend not just standing for long periods of time, but movement is more helpful in counteracting the effects of sitting. The NACo article weighs in saying, “Perhaps part of the solution might be as easy as getting up every 30 minutes to walk to the copier, get a file out of a filing cabinet, walk to a meeting or walk over to collaborate with a colleague. Encourage employees to take a minute to stretch and to adjust the distance of their vision focal point. This solution is free, after all.”

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Personally, I use part of my lunch time to take a short walk outside around the state Capitol. However, the unpredictable winter weather has made that a bit difficult. So I have started getting up and taking a quick lap around the inside of the AAC building, including up and down stairs, once about every 90 minutes. It only takes about two minutes, but it is just enough to get my blood pumping a bit and work out the kinks from sitting.

It also clears my head, helps me stay on task, be more productive, and best of all, it is free.

Our health is much too valuable to put at risk by sitting too much. When we were children our mothers told us to get up, go outside, and play. I am sure many of us would like to be able to take mom’s advice. Although the ‘go outside and play’ part of the command may not be feasible as adults, the ‘get up’ part certainly is. Whether you have a desk that can be raised and lowered, a desk built around a treadmill, or just a minute or two to stretch and walk a few steps, the prescription to better health remains the same ... don’t just sit there!

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Successful meetings happen with leadership, organization

“If you had to identify, in one word, the reason why the human race has not achieved, and will never achieve, its full potential that word would be ‘meetings.’” — Dave Barry

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hrough the years people have developed hundreds of jokes and one-liners about meetings and committees — primarily because so many meetings tend to run amuck. It doesn’t have to be that way.

Meetings can and should accomplish the intended purpose. But it takes planning, organization and leadership to have a smooth, effective and successful meeting.

A few years ago I penned an article for County Lines called “Smooth, Effective Meetings” as a meeting guide for the chair, as well as other participants in county quorum court meetings. With a large turnover in county and district officials for the term that started January 2017, now is a good time to rehash some of that information — and to add a few additional thoughts.

Over the past few election cycles there has been a huge turnover in county elected officials. Beginning Jan. 1, Arkansas county government welcomed 11 new county clerks, 16 new county judges, five new county treasurers and 155 new justices of the peace. And, of course, there are many more who have only one or two terms under their belts. I mention these particular offices because they are the ones most involved in quorum court meetings.

If you’re like me, you have sat dumbfounded and appalled, or maybe embarrassed, while a meeting tumbled off a cliff into a deep ravine. You know what happened, even if the meeting participants don’t: stories, side issues, chitchat and lack of preparation overran the good intentions of those who were trying to accomplish something.

It may be that the chair and/or the participants were not properly prepared for the meeting. Maybe the meeting started with a clear goal, a real agenda and at least a majority of the participants prepared. But somehow it ended up a failure. Why? The reason is that a meeting can be led or misled from any chair in the room. Individual contributions, or the lack thereof, determine the net result produced in a public meeting — or in a meeting of any kind.

During my 36 years in county government work, I have attended hundreds of quorum court meetings, and I have chaired dozens of meetings in various capacities. I have seen it all — the good, the bad and the ugly. Let’s take a look at what it takes to have smooth, effective meetings. We are talk24

Seems To Me...

ing in particular about quorum court meetings or other county government public meetings.

However, most of what we say will be applicable to almost any kind of meeting in which business is being conducted. We are going to be looking from both sides of the Eddie A. Jones table. It takes not only a compeCounty Consultant tent and prepared chair, but also participants that are prepared and ready to take care of business in a professional manner.

One of the most difficult tasks for an elected official is being called upon to run a public meeting, be it a county quorum court meeting, a committee thereof, or some other type of county government public meeting or hearing. In Arkansas you must understand not only the Open Meetings Law (Freedom of Information Laws ACA 25-19-101, et seq), but also your own rules of order. Many people are under the misconception that “Robert’s Rules of Order” are the mandatory rules of order in Arkansas county government.

That is not so. Every quorum court in Arkansas is authorized under ACA 14-14-801(b)(12) and ACA 14-14-904(e) to provide for their own organization and management and to determine their own rules of procedure, except as otherwise provided by law. Most counties do find that “Robert’s Rules of Order” is a good starting point and an adequate default in the event that its own adopted rules of procedure do not address an issue. In that case, it is imperative that the county actually have a copy of “Robert’s Rules or Order” on hand to serve as a reference and guide.

According to Arkansas law, specifically ACA 14-14-904(d), the county judge is the presiding officer, or chair, of the quorum court without a vote but with the power of veto. However, in the absence of the county judge, a quorum of the justices by majority vote shall elect one of their number to preside or chair the meeting but without the power of veto.

A justice retains the right to vote on a measure even though he or she is serving as chair. So, it behooves the county judge and each member of the quorum court to be prepared and ready to conduct a great meeting — smooth and effective.

The legalities of the Open Meetings Law and your own rules of procedure are not everything you need to know.

There is a part of presiding over a meeting that is not in a law or rule. For lack of a better term it amounts to style. American Poet, Robert Frost defined style as “the mind skating circles COUNTY LINES, WINTER 2017

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around itself as it moves forward.” Even the most competent elected official armed with a complete knowledge of the Open Meetings Law (FOIA) and “Robert’s Rules of Order” can find themselves on the verge of panic while trying to chair a meeting. One word of advice can aid in avoiding this public calamity: RESPECT. Let me further expand on the term “respect” by using an acrostic.

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esponsibility — The chair is responsible for implementing the rules that have been established.

Responsibility lies with the chair to clarify roles and rules, to follow the agenda, to be fair but firm, and to keep the meeting moving.

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thics — Rightly or wrongly, the chair is always held to a higher standard than the other members of the body, and projecting the air of a higher ethical standard is crucial to a cooperative environment.

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uccinct — Often less is more, and making comments and rulings in a direct and succinct manner helps avoid the sin of sermonizing to members of the body.

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redictability Principal — Prior proper planning prevents poor performance. A successful meeting does not just happen. Rather, it requires, above all, that the chair be prepared for what is to come.

E

ngage — The chair is responsible for engaging all of the stakeholders in any public meeting.

Leaving any of the stakeholders out of the process is a recipe for discord and disaster.

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oordinate not Control — The proper goal of the chair is to coordinate the rules with the competing interest, not to control the outcome of the meeting. A controlling chair will invite stern and vocal opposition and impair the ability of the meeting to accomplish any of its goals.

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ime — In short, starting a meeting late and wasting time during a meeting are both rude. It’s rude to your colleagues, citizens and staff. The chair has the primary responsibility to call the meeting to order on time and to make sure that the meeting moves forward in a timely manner. Don’t wait on the perpetual tardy.

Suggest a new motto: 5 minutes early is the new on time. Start every meeting promptly, and people will soon realize that you mean what you say.

Following these suggestions will foster respect both for the COUNTY LINES, WINTER 2017

chair and the body as a whole. Ralph Waldo Emerson said, “Men are respectable only as they respect.”

What if you’re a participant and not the chair — in this case a quorum court member not acting as chair? Here’s how to make sure your participation contributes to an effective meeting.

1. Focus on the issue. Avoid stories, jokes, and unrelated topics. These things waste time, distract the attendees and sometimes mislead. Save the fun and trivia for social events, when it’s more appropriate and will be appreciated.

2. Take a moment to organize your thoughts before speaking. Then express your idea simply, logically and concisely. People are more receptive to ideas they understand — plus long complex explanations bore people.

3. Use positive comments in the meeting. Negative comments create defensive reactions or even retaliations that take people away from solutions. Negative comments also make you appear mean, uncooperative, weak, or even incompetent.

4. Test your comments. Before speaking, ask yourself, “Does this contribute to an effective meeting?” If you sense it subtracts, keep your mouth shut.

5. Respect others. Different views force us to think. After all, if we were all the same, they would need only one of us. So, accept what others say as being valid from their viewpoint. Work to understand why others are expressing ideas that you find disagreeable.

6. Take a rest. If you notice that you are speaking more than anyone else in a meeting, stop and let others talk.

You’re either dominating the meeting with monologues or conducting a conversation with a minority of the participants. In either case, you’re preventing the other attendees from participating.

These are but a few of the things you can do as a quorum court member to contribute to a productive meeting.

I want to discuss a few other things that I have not yet touched on. These tips are primarily for the chair of the meeting. But, remember that could be a member of the quorum court in the absence of the county judge.

• Summarize. After each agenda point, summarize the key decisions, opinions and actions. It’s your job to make sure those decisions and actions are clearly understood and that they are moving in the right direction to accomplish the meeting’s objectives. It is also a good idea, especially when there has been lengthy See

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Keeping things on an even keel Hempstead County JP is more than five decades into his service.

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By Christy L. Smith For AAC Communications Coordinator

ynn Montgomery doesn’t have any campaign secrets to share.

Though the 76-year-old justice of the peace has faced opponents in the past, he claims to never have waged a traditional campaign with signs, push cards and the like. Now that’s a feat considering he just began his 52nd year on the Hempstead County Quorum Court.

Let that sink in for a moment …

According to records maintained by the Hempstead County Clerk’s office, Montgomery’s name first shows up on the quorum court rolls in January 1965. Orval Faubus was governor of Arkansas at the time.

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Montgomery has served every twoyear term since then — except for one, when Amendment 55 was passed by voters in 1974 and implemented in 1977. Among the things it did was lay out the legislative power of the quorum court. It also stipulated that there should be between nine and 15 justices of the peace on a quorum court. To determine the number, the county’s election commission was instructed to divide the county into districts with equal populations of constituents. When it came time to run for re-election, justices of the peace had opponents.

“Before they changed things up, we had about 25 JPs in Hempstead County,” Montgomery said. “Then when this law changed in the 70s, well it put some of us in the same district.

I was running against a good friend of mine, and he beat me. But the next time I ran, I beat him, and I’ve been there ever since.”

That translates into 26 two-year terms.

No centralized association maintains such records, so there’s no way to verify whether Montgomery is the longest serving justice of the peace in Arkansas.

However, it’s safe to say he’s one of the longest serving.

Montgomery was born and raised alongside two brothers in Hempstead County. Their father owned a grocery store in Hope. After graduating from Hope High School, Montgomery attended what is now Southern Arkansas University in Magnolia. He returned home to Hope to farm (first chickens and cows, now hay) and start a car dealership. It was a family friend who first convinced him to run for justice of the peace.

“He had been a JP for a long time,” Montgomery explained. “He encouraged me to run because they needed some young folks to serve as JP. When I started, I just didn’t quit.”

Montgomery was already serving on the quorum court when he and his wife, Karen, married in 1967. Karen Montgomery, who worked as a nurse, said she never had a problem with her husband’s political career.

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Top: Montgomery shows a visitor his copy of the Arkansas Justice Guide, published in 1965 by the Arkansas Secretary of State’s office. It was presented to him by Kelly Bryant, a Hope native who served as secretary of state from 1963 until his death in 1975.

Right: Since 1977, Mongtomery has recorded the names of each couple he has married on the inside covers of his guide.

There are 101 entries, ending in 2014, when Montgomery stopped performing marriages.

“If that’s what he wanted to do, it was fine with me,” she said.

Karen Montgomery said she’s attended only one quorum court meeting during the couple’s marriage. Back in 2010 she had to drive her husband to and from his monthly meeting. He had broken his hip 10 days earlier, but it didn’t stop him from going to work.

“To my knowledge, I’ve never missed a meeting,” Montgomery said.

The Montgomerys have a son and two grandsons. The elder grandson, Blake Montgomery, practices law in Hope. He said his practice is keeping

him busy for now, but he might consider running for justice of the peace one day.

“I’ve just recently moved out of his district,” Blake Montgomery joked of his grandfather’s winning streak. “So I might have a chance of winning election.”

Montgomery said he’s “not real big on events” and likes to keep things running on an even keel. When asked about his justice of the peace career, he’s fairly nonchalant about it.

“There’s really nothing fascinating about it,” he said. “I’ve just been there a long time.”

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He’s been there long enough to have worked with seven county judges. And history buffs might get a kick out of flipping through the stack of commissions Montgomery has kept all these years.

Dating back to 1965, the signatures of Governors Faubus, Rockefeller, Bumpers, Pryor, Clinton, Tucker, Huckabee and Beebe on those commissions show how Arkansas’ political landscape has changed during the years. [Montgomery received his first commission signed

by Gov. Asa Hutchinson when he was sworn into office this year.]

Then there’s Montgomery’s copy of the 1965 Arkansas Justice Guide published by the Arkansas Secretary of State’s office. On Jan. 10, 1977, Montgomery started logging the names of every couple he married. The last one recorded was on Sept. 13, 2014. The list is 101 couples long.

Montgomery said he married one couple on three different occasions.

“They’d get divorced, then remarry,” he said. It’s unclear whether the third time was the charm for that couple, but the very first couple Montgomery married seemed to be doing well the last time he checked.

“The first couple I married way back in the early 60s moved out of town, and they came back through several years later and told me they were still married, so I think that one held up,” he said with a chuckle.

Montgomery is probably proudest of the $1 million cash “cushion” Hempstead County has maintained since selling the old county hospital.

“Back before we sold that hospital and got that million-dollar cushion, we had a lot of trouble with cash flow,” said Montgomery, who is chairman of the quorum court’s budget committee.

Montgomery said the county has used interest from that $1 million to purchase things such as sheriff’s cars and to make capital improvements. And he would hate to see the county spend the “cushion,” so he’ll probably run for reelection in 2018.

“I might as well, as long as I enjoy it,” he said. “I kind of like county government.”

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Top: Justice of the Peace Lynn Montgomery displays one of many commissions he has received from the state after being sworn into office. This one was signed by Gov. Orval Faubus. Bottom: The certificate Montgomery displays also was signed by Secretary of State Kelly Bryant, a native of Hempstead County, where Montgomery serves.

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Stalwart of county government passes away Story by Christy L. Smith s Photos from AAC archive AAC Communications Director

Wes Fowler spent his last day ensuring the interests of county government were being looked after in the state Legislature.

The AAC consultant passed away Feb. 1, 2017, at Baptist Hospital in North Little Rock. He was 60.

That morning, Wes had escorted county clerks to a meeting of the House Committee on State Agencies and Government Affairs. Two of their bills were slated to run in committee that morning — and they passed with unanimous votes. Later in the day, he accompanied the clerks to a meeting of the State Agencies and Governmental Affairs House Elections Subcommittee, where legislators heard about the need for funding for new voting systems.

It was an issue Wes was all too familiar with, having served as Madison County Clerk for 10 years beginning in 1989.

During that time, he served as legislative chair and in officer positions in the Arkansas Association of County Clerks.

He was in line for association president when he was elected county judge in 1998.

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Likewise active in the County Judges’ Association of Arkansas, Fowler served as legislative chair, first and second vicepresident, then president. He also served on the AAC board of directors and as AAC legislative chair. When he did not seek re-election in 2010, he joined the AAC staff as governmental affairs director. He retired in 2014 but continued to serve the counties as a consultant.

“Everything he touched in county government, he left it in better shape,” AAC Executive Director Chris Villines said for a County Lines article about Wes’ retirement.

Indeed, Wes’ accomplishments range from computerizing the Madison County Clerk’s office to ushering early voting legislation through the state legislature.

In a letter to the Fowler family, Gov. Asa Hutchinson expressed his condolences and noted the important role Wes had played in county government.

“Wes’ willingness to serve the people of Arkansas was remarkable, and he did so with honor and integrity,” the letter reads. “He was a leader in developing and improving systems of Arkansas government during his service as county clerk, county judge and through his tenure with the [Association of COUNTY LINES, WINTER 2017

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Opposite page: Wes Fowler, backed by AAC co-workers and board members, addresses the crowd of people who attended his retirement reception in 2014. This page, top left: Fowler began his county government career as Madison County clerk in 1989.

He served as Madison County judge from 1998 to 2010. In this photo, Judge Fowler conducts business. This page, top right: In 2011, Fowler joined the AAC staff as government relations director. After retiring in 2014, he continued to serve county government as an AAC consultant. In this photo, he speaks at the annual AAC conference. This page, bottom: Fowler, who owned Oakridge Golf Course in Huntsville, was an avid and talented golfer. He participated in many AAC golf tournaments over the years and hosted the 2015 AAC tournament at his 9-hole course.

Arkansas Counties]. Wes was an extraordinary man who was above all a beloved husband, father, grandfather, and friend.”

Wes was born in Twin Falls, Idaho. His family returned to their home state of Arkansas in 1960 and settled in Huntsville, where Wes resided most of his life. He married Rose Qualls on July 7, 1978.

Wes was always the “go to” man for getting something done, according to his obituary. No toy truck, bicycle or anything escaped examination. He took everything apart “to see how it works.” He owned his own construction business for several years.

Wes is survived by his wife Rose; three daughters and sonsin-law, Melissa and Johnny Birchfield of Springdale, Michelle and Kenny Thomas of Huntsville, and Lori and Kyle Taylor, COUNTY LINES, WINTER 2017

also of Huntsville; a son and daughter-in-law, Leon and Ana Hendricks also of Huntsville; six grandchildren — Heather and Fowler Birchfield, Madisyn and Kenndra Thomas, Kaden Taylor and Benjamin Hendricks; a sister and brother-in-law, Naomi and Mike Taylor; a brother and sister-in-law, Wyllie and Laura Fowler; and numerous nieces and nephews.

Wes’ parents, Odie and Nellive Fowler, preceded him in death, as did his sister Norma Sue Armstrong.

Funeral services were held Feb. 7, 2017, in Huntsville. The Fowler family was presented with several citations, as well as an Arkansas flag that had flown over the state Capitol building.

The family has established the Wes Fowler Memorial fund at Cornerstone Bank in Huntsville for those who would like to make donations.

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Carroll County is one of 10 Arkansas counties with two courthouses. The courthouse in Berryville (above) was constructed in 1880 and is now home to the Carroll County Heritage Center Museum and Genealogical Library.

Two seats arise post-war After the Civil War, two judicial districts were established in Carroll County.

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

W

ith seats of justice in both Berryville and Eureka Springs, Carroll County is one of 10 Arkansas counties with two courthouses.

Not many, however, can boast of two such beautiful structures, and the Arkansas Historic Preservation Program has worked with the county since 1997 to preserve 32

and keep them in service.

Arkansas’ Territorial Legislature carved Carroll County from part of Izard County on Nov. 1, 1833, naming it in honor of Charles Carroll of Carrollton, a signer of the Declaration of Independence. The new town of Carrollton was selected as county seat, and a courthouse was in place by 1837.

However, like many buildings in Carroll County, the courthouse did not survive the Civil War, with a Union soldier noting in March 1863, “this town has been quite a prosperous COUNTY LINES, WINTER 2017

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Top right: Construction on the Carroll County Courthouse — Western District in Eureka Springs was completed in 1908.

The building is an example of Italianate architecture with tall windows and heavy stone courses around the openings.

Below, left: This photo offers a closer view of the finial atop the Carroll County Courthouse — Eastern District in Berryville. Below, right: This photo shows the Berryville courthouse stairs in detail.

place but is now nearly deserted.

The brick court-house is burned down and the walls are not more than 3 to 5 ft. high, rubbish and broken bricks lying all around.”

As Carroll County was reduced by having parts carved from it for the creation of Madison, Searcy, Newton and Boone counties between 1836 and 1868, contentious elections were held that resulted in the county seat being moved to the more centrally located Berryville in 1875. That town had been established in the early 1850s by co-founders Blackburn Henderson Berry and Arthur A. Baker, its name decided by a coin toss — it could have been Bakerville. Berryville, too, had suffered in the Civil War, with only three buildings remaining when peace returned, so a new courthouse was necessary.

County Judge A. Fanning appointed a commission on May 10, 1875, to select a town site for the new building. Blackburn Berry sold a lot for the building, while donating land east of the building for a town square. R.H. Jones designed COUNTY LINES, WINTER 2017

the building and J.P. Fancher built it for $8,997.50. The result was a simple two-story building with little ornamentation and a flat roof, and county government moved in 1881.

With the establishment of a second judicial district at Eureka See

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Courthouse Springs in 1883, Green Forest challenged Berryville to serve as the eastern district’s county seat. Berryville survived the acrimonious debate, and in 1905 the victorious Berryvillians celebrated by adding a third story to their 1880 courthouse, flanked by twin fourthstory towers. The $7,000 remodeling added limestone lintels and sills to the windows, resulting in the handsome building that survives today, proudly exhibiting elements of the Second Empire style of architecture.

Around 1976 county government moved around the corner to a building that formerly housed the Carroll County Electric Cooperative, and the historic courthouse now houses the Carroll County Heritage Center Museum and Genealogical Library, featuring a wide-ranging and eclectic collection of exhibits that reflect the broad range of the county’s history. The Carroll County Courthouse — Eastern District was listed on the National Register of Historic Places on Aug. 27, 1976.

As mentioned above, the Arkansas General Assembly established a western judicial district at the growing resort town of Eureka Springs in 1883, responding in part to seasonal flooding of Kings River that made access to Berryville difficult. Court was initially held in a rented room, but by 1906 the people of Eureka Springs were ready for a more stately structure. The night before the Carroll County Quorum Court was to vote on an appropriation for the new building, Eureka Springs Mayor Claude A. Fuller learned that two western district justices of the peace would be absent from the meeting. He dispatched the chief of police, with two extra horses, to track down the errant justices and to bring them to Berryville the next morning. Arriving at 5 a.m., their two votes resulted in a tie vote, 34

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which County Judge Tom Fancher broke by voting in favor of funding the new structure. Eureka Springs provided $2,500 toward the courthouse, which would allow the city to occupy the building’s bottom floor while county offices were located in the upper stories — a cozy arrangement that survives today.

William Octavos Perkins and Sons designed the building, and the 1908 result was a striking example of the Italianate style of architecture, with tall windows soaring toward the heavens while the heavy stone courses around the openings are reminiscent of the Richardsonian Romanesque style. The Carroll County Courthouse — Western District is part of the Eureka Springs Historic District, which was listed on the National Register of Historic Places on Dec. 18, 1970.

<<<

This photo shows the inside detail of the tall windows that adorn the Italianatestyle Eureka Springs courthouse.

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 $21.25 million to 73 historic courthouses and courthouse annexes around the state for use in rehabilitating, preserving and protecting these important historic resources. Since 1997, Carroll County has received 11 grants totaling $392,377 for the Carroll County courthouses.

Arkansas Historic Preservation Program County Courthouse Restoration Grants awarded in Carroll County Carroll County Courthouse — Eastern District, Berryville FY1997 Roof restoration $1,600 FY1998 Roof restoration $36,700 FY2000 Restore soffit/fascia, rewire $47,000 FY2010 Roof restoration $63,384 FY2017 Tower/masonry restoration $19,000 Carroll County Courthouse — Western District, Eureka Springs FY2000 Restore cupola $12,000 FY2001 Restore cupola, rewire $37,760 FY2005 Restore downspouts, soffit/fascia $66,000 FY2007 Stone entrance restoration $54,933 FY2009 Complete entrance restoration $35,000 FY2010 Complete front restoration $19,000 TOTAL: $392,377

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WWI committee urging counties to plant trees I think that I shall never see A poem as lovely as a tree A tree whose hungry mouth is prest Against the earth’s sweet flowing breast; A tree that looks at God all day, And lifts her leafy arms to pray; A tree that may in Summer wear A nest of robins in her hair; Upon whose bosom snow has lain; Who intimately lives with rain.

Poems are made by fools like me, But only God can make a tree.

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merican poet Joyce Kilmer wrote those words in 1914, four years before his death in battle in France during World War I. We are now marking the 100th anniversary of the Great War, a conflict in which 71,862 Arkansans served, 2,183 died, and 1,751 suffered wounds or injuries.

Gov. Asa Hutchinson created the Arkansas World War I Centennial Commemoration Committee to help guide Arkansas’ remembrance of the Great War. Among the committee’s mandates are to facilitate World War I-related activities throughout the state and to encourage civic, historical, educational, economic, and

other organizations across the state to organize and participate in activities to expand the understanding and appreciation of the significance of World War I. As one of its top projects, the committee is advocating the planting of WWI Memorial Trees around the state. There was a world-wide movement beginning in 1919 to plant trees as living memorials to the millions who lost their lives.

A small grove of holly trees on the Henderson State University campus in Arkadelphia survives today as a reminder of that effort.

The Arkansas World War I Centennial Commemoration Committee hopes to see a WWI Memorial Tree planted in each of Arkansas’ A grove of holly trees was planted on the Henderson counties before the centennial ob- State University campus in Arkadelphia following a servance ends in 2018, and invites world-wide movement beginning in 1919 to plant trees as a living memorial for those who lost their lives in WWI. county governments across the state to participate in this project, along again honor the thousands of Arkansans with local Scout troops, American Legion who fought and died in the Great War. posts, and others. T To learn more, visit www.ww1arkansas.

Author Mark Christ is the community com; email mark.christ@arkansas.gov; or outreach director for the Arkansas Historic call (501) 324-9886. Together, we can Preservation Program.

Updated AAC County & District Officials Directory coming soon!

Thank you for your patience as we’ve worked to update the directory we publish after each election cycle. The directories will become available in the coming weeks.

Complimentary copies will be mailed to the following: • • • • •

County elected officials Distrist elected officials PDD and EDD staff State and federal legislators Directory advertisers

We will contact state agencies and invite them to pick up their copies at the AAC office.

Each directory includes an order form for those wishing to purchase additional copies for $15 each. AAC also will offer online sales of the directory.

Watch your email inboxes and keep an eye on social media!

We will let you know when the directories are being mailed!

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Arkansas County debuts new annex Officials at the Arkansas County courthouse annex in Stuttgart hosted an open house on Friday, Feb. 10. The two-story annex, completed late last year, replaces an annex that was destroyed by fire in September 2014. The new building houses offices for the county judge, sheriff/ collector, assessor, sanitation, emergency management and 911 call center.

Top right: Those housed in the old annex moved temporarily into the courthouse basement during construction. Judge Thomas ‘Eddie” Best said there were three people to an office in some cases. The new annex includes a second floor for future growth, as well as alarm and camera systems.

MIddle right: Judge Best cuts the ribbon.

Bottom left: Arkansas County Assessor Regina Mannis and Real Estate and Business Personal Appraiser Marcia Theis proudly show off their office during the open house, noting that they had moved into the space before the first of year.

Bottom right: Arkansas County Sheriff/Collector Todd Wright and his staff, Southern District Deputy Collectors Debbie Trussell and Rhonda Byrd, Northern District Chief Deputy Collector Carol Cloud Jacobs and Northern District Deputy Collector Eunice Nutt, pose for a photograph in the collectors’ office, which is decorated nicely with a French theme.

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Assessors go to Capitol, have photo opp with governor The Arkansas County Assessors’ Association held its Spring 2017 continuing education meeting in Little Rock and North Little Rock Feb. 2224. In addition to sessions focusing on state highway exemptions, motor carrier valuations and other educational topics, the assessors spent a day at the state Capitol.

Left: Gov. Asa Hutchinson was returning from an off-site news conference on Wednesday, Feb. 22, and happened to still be in the Capitol rotunda when the assessors entered the building. He graciously posed for a photograph with the group.

Below: The governor stays and chats with the group after posing for the photo.

Above: Logan County Assessor Shannon Cotton and Sebastian County Assessor Zac Johnson listen to a presentation about issues affecting the group.

Right: Lindsey Bailey, AAC legal counsel and assessors’ association liaison, and AAC Executive Director Chris Villines provide a legislative update.

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County Clerks, Treasurers visit state Capitol during joint meeting in Little Rock

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Opposite page: The Arkansas County Treasurers’ Association and the Arkansas Association of County Clerks held a joint meeting in Little Rock and North Little Rock Feb. 8-10. They spent an entire morning at the state Capitol, attending committee meetings and a Senate session, visiting with legislators and more. Here, the group poses on the stairway leading to the Senate chamber.

Top left: The treasurers and clerks filled all areas of the Senate gallery.

Top right: Cross County Clerk Melanie Winkler poses for a photograph with Sen. Ronald Caldwell, whose District 23 includes Cross County, among others.

Middle left: Craighead County Clerk Kade Holliday and Craighead County Chief Deputy Treasurer Wanda Shasteen pose for a photograph before entering a meeting.

Middle right: Many members of the group attended a meeting of the Senate State Agencies and Local Affairs Committee in the Old Supreme Court room.

Left: Miller County Treasurer Teresa Reed signs in for the day’s activities, which, in addition to visit to the Capitol, included a luncheon for legislators.

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Legislation, more on judges’ winter agenda Top Left: Grant County Judge Randy Pruitt, Crawford County Judge Dennis Gilstrap and Stone County Judge Stacey Avey focus intently on the business being conducted at the Winter 2017 judges’ meeting.

Middle Left: Lt. Gov. Tim Griffin was the special guest at the judges’ luncheon on Monday, Feb. 6. He discussed economic development in Arkansas and state and local government working together for constituents.

Middle Right: State Rep. Lanny Fite, a former Saline County judge, appeared the afternoon of Feb. 6 to explain to the judges the intricacies of a solid waste management bill he sponsored in the state legislature.

Bottom Left: Faulkner County Judge Jim Baker brings up a point of business for the judges’ association to consider.

Bottom Right: Many of the judges bring their spouses to the association meetings. Therefore, there are typically activities planned for the spouses. During this meeting, which was cut short by a day so judges could attend AAC Consultant Wes Fowler’s funeral, the spouses participated in a painting class.

They could choose to paint either a pineapple or a Mason jar of lemonade.

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Sheriffs hear from legislators during meeting Top Right: The Arkansas Sheriffs’ Association hosted its Winter 2017 meeting at the Marriott in Little Rock.

Middle Left: State Sen. Jeremy Hutchinson, co-chairman of the Legislative Criminal Justice Oversight Task Force, attended the sheriffs’ luncheon and spoke about the criminal justice reform bill he filed during the 2017 Legislative session.

Middle Right: State Rep. Clarke Tucker, vice chairman of the Behavioral Health Treatment Access Task Force, discussed the task force’s work to introduce legislation that would allow for and fund crisis intervention training for law enforcement officers.

Bottom Left: Greene County Sheriff David Carter and J. Sterling Penix, who serves as the Criminal Detention Facilities Review Committees Coordinator for the Arkansas Department of Finance and Administration, chat following the luncheon.

Bottom Right: Arkansas Sheriffs’ Association president, Sheriff Keith Slape (Newton), first vice-president, Sheriff Scott Montgomery (Perry), and second vice-president, Sheriff Bill Hollenbeck (Sebastian) sit at the head table.

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Newly elected officials train over two-week span

The AAC hosted training for newly elected officials over the course of two weeks in December. Some groups, such as the sheriffs, met for a full week. Others met for either one or two full days.

This new approach to training allowed staff members to offer more personalized service, catering the coursework to each specific office.

Top: The Sheriffs Association of Arkansas hosted a week-long training program for newly elected sheriffs at Camp Robinson in North Little Rock. Fifteen of the 21 new sheriffs were able to attend.

MIddle left: Incoming county clerks Shawndra Taggart (Jefferson County) and Brandi McCoy (St. Francis County) go over documents and ask questions of the speakers.

Middle right: Izard County Treasurer-elect Warren Sanders speaks with seasoned treasurers Debbie Cross (Greene County) and Loletia Rather (Pike County).

Bottom: AAC Executive Director Chris Villines, who delivered an introduction to the association, as well as a presentation on retirement, to each group, chats with incoming county clerks Karen Smith (Hempstead County) and Tanya Diotte (Grant County).

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Left: Assessors Roderick Grieve (Benton), Sandra Heiner (Crawford) and Zach Johnson (Sebastian) listen intently to the speaker. Right: New Ouachita County Circuit Clerk Gladys Nettles visits with AAC Member Benefits Coordinator Becky Comet, who spoke to each group about benefits available to them, and Crawford County Circuit Clerk Sharon Blount-Baker, who is second vice-president of the Arkansas Crcuit Clerks Association.

Left: New justices of the peace met on a Saturday and heard presentations targeted specifically to their jobs. Those standing against the wall in this photo were waiting in line to get their photo taken for a county identification card. Right: Little River County Sheriff/Collector Bobby Walraven brought Deputy Collector Mary Baker to the newly elected collectors’ meeting.

Left: St. Francis County Coroner (seated far right at the front table) brought several of his deputy coroners to the training with him. In all, there were 11 new coroners elected in November. Right: The county judges’ two-day training was well attended, with 19 of the 20 new judges present. County Judges’ Association of Arkansas President and Sebastian County Judge David Hudson (in foreground) helped lead the training.

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Collectors honor retiring members at December conference Top: Ralph Burns (middle) presented the retiring collectors with Capitol Citations from the Secretary of State’s office. The county collectors are (from left to right) Marsha Phillips (Craighead), Steve Simon (Faulkner), Rita Chandler (Pope), David Rush (Washington), Gary Gregory (Little River) and Marcell Jacks (Cleveland).

Middle Left: AAC Executive Director and retiring Pope County Collector Rita Chandler pose for a photograph.

Middle Right: Coach J.C. Comet was the guest speaker, using sports metaphors throughout his speech to usher the retiring collectors into the next “quarter” of their lives.

Bottom Right: Columbia County Collector Cindy Walker, the outgoing president of the Arkansas County Tax Collectors Association, says a few words to honor the retiring members, as Little River Collector Gary Gregory and Cleveland County Collector Marcell Jacks look on..

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AACRMF benefits continue to strengthen program!

r u o y T n i s ’ What ty ? n u o c 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.

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Accessing your ordinances is made efficient by AAC compiling your substantive county ordinances and codifying them into a single-bound volume.

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Meetings

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discussion on a complicated issue, for the chair to summarize with clarity the question being voted on.

• Don’t be afraid to say you don’t know. Hopefully, you’ll have done your research before the meeting starts, but there’s always a chance that someone will hit you with an issue you know nothing about. If this happens, remain calm. Use the old trick of repeating the question or using a phrase such as “that’s a very interesting point.” This gives you a few seconds to get your answer straight in your mind, reducing the possibility of stuttering or sounding unsure. If you don’t know the answer, admit it. Say, “I wasn’t aware of that particular issue, does anyone else here have any knowledge about it?” If nobody else speaks up, ask the questioner to see you after the meeting to give you some background.

It could well be something important. Even if it’s not, you’ll look good in front of your audience.

• Thank your audience. Always thank attendees once the meeting is finished. It is common courtesy, and people appreciate it.

Here is something else that is very important — keeping a good and accurate record of the meeting. We call it “taking minutes.” It’s a boring job, but someone’s got to do it. Under Arkansas law the secretary of the quorum court is the county clerk unless the court, through ordinance, decides to hire someone else from the staff of either the county clerk or the county judge [ACA 14-14-902(a)(1)(2)(3)(A)(B)(C)].

Taking minutes may not be the most glamorous job in the world, but it’s absolutely necessary to avoid conflict and mixed messages later on. Here’s how to produce a good set of minutes.Minutes need to be: • Accurate. They must be a true record of what occurred.

That means no drifting off during finer points of

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discussion.

• Clear and unambiguous. Minutes cannot be open to interpretation or discussion. Otherwise, they’re pointless.

• Consistently structured. Decide on a structure (bullet points or numbers are the most common) and stick to it. Your minutes will be a lot easier to read, and they will look a lot more professional.

• Brief. You should summarize discussions and decisions rather than attempt to get them down verbatim.

It’s also vital that whomever takes the minutes understands the subject. A confused note taker will produce confused minutes. If something is not clear, ask for clarification from the speaker or the chair. It could save a lot of time, confusion or disagreement later on.

The AAC has a Justice of the Peace Procedural Manual under the “Publications” tab on its website. The manual contains a Procedural Guide for Arkansas County Quorum Court Meetings, found in Chapter 6. This is recommended reading and study for every quorum court justice and every county judge.

I leave you with this last thought for a smooth and effective public meeting. The “attitude” and “temper” should be checked at the door. Arthur Gordon relates this personal story, “At a turbulent meeting once I lost my temper and said some harsh and sarcastic things. The proposal I was supporting was promptly defeated. My father who was there, said nothing, but that night, on my pillow I found a marked passage from Aristotle: ‘Anybody can become angry — that is easy, but to be angry with the right person and to the right degree and at the right time and for the right purpose, and in the right way — that is not within everybody’s power and is not easy.’”

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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.

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Law Clerk — Amie Alexander Family information: I am married to my husband, Jackson Alexander. We live in Cabot with four fish and two parakeets.

Jackson and I met in Fayetteville, where we went to college. I grew up in Scott County, where my family still lives.

My favorite meal: My favorite meal is my granny’s fried chicken, macaroni and cheese, fried potatoes and biscuits — with angel food cake for dessert.

an accomplishment I am happy to have behind me. The credit is certainly not all mine, though. My husband began an online master’s program so that we could spend time together studying in the library, and he always made sure I had a healthy meal to eat and minimized my late night Taco Bell drivethrough runs.

At the top of my bucket list is to: Swim with manatees! I have always loved marine animals; I got to swim with a beluga whale when I was 18, and I loved that. Manatees are my favorite marine creature and a swim together is at the top of my bucket list.

When I’m not working I’m: Studying, reading, getting coffee with a friend, spending hours in a bookstore, traveling or watching Netflix.

The accomplishment of which I am most proud: I am the most proud of the Amie A lexand educational experiences I have had the oper portunity to take advantage of. I have always loved school and being challenged to learn new and unfamiliar things.

The hardest thing I have ever done: Conquering my first year of law school and first year of marriage at the same time is

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You might be surprised to learn that: I will be spending the summer in Tokyo, Japan, working for the United States Department of Agriculture Foreign Agricultural Service.

My pet peeve is: Overpriced, bad coffee.

Motto or favorite quote: “Nothing will work unless you do.”

— Maya Angelou.

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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.

FCC halts efforts to cap inmate phone call rates in county jails

By Jacob Terrell The Federal Communications Commission (FCC) has halted its efforts to cap the rates that inmates pay when placing phone calls from jails and prisons.

In 2015, the FCC had implemented rules that capped the rates paid by inmates to between 14 cents and 22 cents per minute.

This rule was later challenged in the U.S. Court of Appeals by prison phone companies who claimed the FCC did not have the authority to cap prices for inmate calls.

However, as the FCC’s lawyers were in the process of defending the commission’s position, two of the three sitting Democrat commissioners on the five-person commission vacated their seats leaving a new Republican majority that did not support the rate caps.

Since the new majority has been in place, a letter was sent to the U.S. Court of Appeals stating that the FCC would no longer defend its previous position defending the implementation of rate caps for phone calls placed by inmates.

The case, though, is not over. Although the FCC is sitting on the sidelines, the court case has continued in a hearing earlier this month at the D.C. Court of Appeals.

A portion of the profits made by companies that provide phone services in jails are returned to the jail as “commissions.” As a result, this revenue can directly impact county jail operating budgets.

According to the National Sheriffs’ Association, whose members operate approximately 80 percent of the nation’s jails, jails incur significant costs in providing phone services to inmates due to factors ranging from taking security measures to ensure that phone calls aren’t used to engage in criminal activities to recording and storing phone calls to be provided to the courts.

House moves to kill election-security agency The U.S. House of Representatives’ Committee on House Administration voted 6–3 along party lines to advance the Election Assistance Commission Termination Act (H.R. 634).

H.R. 634 would eliminate the Election Assistance Commission (EAC), an independent, bipartisan agency created to help states secure their voting systems and the only agency responsible for making sure voting machines cannot be hacked.

After the 2000 presidential election, EAC was directed to convey federal help to states to update and improve their voting systems. In recent years, EAC’s top responsibilities have been to ensure elections are accessible to all individuals, develop and promote election best practices and allocate funds for elections COUNTY LINES, WINTER 2017

technologies. While H.R. 634 aims to eliminate the EAC, it does not propose new agencies to take care of its responsibilities.

In response to the vote, several voting rights organizations have expressed concerns to the committee about the security of the United States’ election system and public confidence in the general election system. These concerns have been heightened due to possible foreign interference in the recent U.S. presidential election.

H.R. 634 will now move to the full House for a vote.

County officials are traditionally responsible for overseeing the allocation of voting machines, managing polling locations and ensuring the integrity and efficiency of the voting process in partnership with federal, state and other local election officials.

Counties take deliberate steps to ensure the security of voting systems, from ensuring that voting machines are not connected to the internet or to each other to establishing a specific chain of custody for voting records.

Before the 2016 presidential election, NACo released a new fact sheet on the role counties play in administering and ensuring the integrity of America’s election process. It can be viewed online at www.naco.org/vote.

Drones: latest technology on county radar

By Kevan Stone In 1783, the first hot-air balloon was launched and mankind could finally touch the sky. 1903 saw the famous Wright Brothers flight and the first helicopter flight soon followed in 1907. It stayed that way for nearly a century. Eventually, we began to hear of the U.S. military using something called a “drone” to conduct reconnaissance and eventually military warfare campaigns across the world. It was indeed a brave new world.

Fast forward to today, and we find ourselves welcoming the first new aerial technology in nearly a century. A technology that anyone can own. While manned aircraft was exorbitantly expensive to purchase, an unmanned aerial system or UAS — AKA “drone” — is not. While this brings a wealth of opportunity for local governments, it also brings with it many new challenges.

Counties have been using drone technology for public safety and infrastructure inspection. Going where man cannot without danger is a vital resource local governments have been quick to embrace.

Instead of asking someone to enter a burning building to search for endangered citizens or asking a county engineer to strap on a harness and check out that bridge, drones can perform this task just as well with no risk of injury.

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“NACO” on

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Up until 2014, approximately 430,000 drones were sold to U.S. consumers. But the market has taken off since then, In 2016, more than 1 million drones were purchased. Chances are, your neighbor or relative owns a drone.

The FAA, cognizant of the rapid expansion of this technology, issued a formal rule in June 2016 regarding drone operations, known as Part 107.

It detailed what drone pilots can or cannot do, such as stating the pilot must be able to see the drone at all times during flight (a visual line of sight), mandating flights can only take place during daylight and designating a maximum speed and altitude, among many others. While released in the name of safety, Part 107 does not answer all concerns posed by county government.

In August 2016, the FAA announced it was creating a Drone Advisory Committee. This committee would officially provide recommendations to the FAA for future regulations and rulemaking. With over 400 applicants, NACo was successful in having one of its own, former Riley County, Kan. commissioner Robert Boyd, appointed to this committee. Its members — including the drone industry, drone technology, federal advocacy and other stakeholders — began meeting in October 2016.

Privacy, governance and federal pre-emption are issues that matter most to county government. Since its inception, the FAA has controlled the skies, from the blade of grass in one’s backyard, to the heavens.

While this has held true for manned aircraft, local governments

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have had some control in terms of ordinances and laws controlling certain aspects of flights. For example, while local government cannot claim jurisdiction of aircraft flight, it can control where that aircraft takes off from and can control the times of day when takeoff and landing are permitted.

No-fly zones, while federally regulated, have been requested by local governments for sensitive infrastructure and special events. The same principle should apply to drone flight, where the ease of access is much simpler since anyone can walk into a store and buy a drone.

County governments, while proponents of drone technology, are on the front line of responding to UAS issues, being responsible for certain enforcement.

While not specifically mandated by the FAA, law enforcement must attend to laws being broken, whether they be with a car, bike or drone. Airports must rely on law enforcement to ensure drones do not veer into takeoff and landing approaches and protected airspace.

Local police must take the call when privacy is invaded. It is for these and many other reasons that local governments must be actively involved with federal stakeholders as these laws formulate.

While everyone agrees drones are here to stay, local government’s role will continue to be of the utmost importance in policy implementation. Through education and collaboration with federal stakeholders, an environment that protects the public while allowing UAS enthusiasts to safely control their craft, can be reached.

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