Washington County’s stories
from
the hill
The Official Publication of the Association of Arkansas Counties
COUNTYY OFFICIAL profile COUNT Crittenden County Judge Melton Holt
Tragedy to Triumph
Page 39
Shadowing the Judge in Saline County Page 22
2012 AAC Scholarships Page 17
SUMMER 2012
Your Seat at
the table The 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. Most Arkansas counties are reaping the benefits of ownership of the AAC Risk Management Fund.
Why not YOUR COUNTY?
GENERAL LIABILITY : Civil Rights Liability Tortious Conduct (via statutory tort immunity) PublicOfficialsErrorsOmissions & AUTO PROTECTION: Auto Liability (Statutory Liability Limits) AutoPhysicalDamageComp ( Collision) & Medical Pay Coverage PROPERTY PROTECTION: BuildingContents & Mobile Equipment Electronic Data Processing Equipment BoilerMachinery & RURAL FIRE DEPARTMENT PROGRAM Auto Liability / Auto Physical Damage BuildingContents & Blanket Portable Equipment / Scheduled Equipment General Liability
Call us to learn more Today ! Debbie Norman Manager 501.375.8247 4
Cathy Perry Admin. Assistant 501.375.8805
Barry Burkett Loss Control 501.375.8805
Cindy Calvert Claims Examiner 501.375.8805
RMF Legal Defense Provided By
COUNTY LINES, SUMMER 2012
In This Issue
Melton Holt — Tragedy to Triumph 37
Summer 210
Features Cars, Guns, Money & Junk..........................................................................................18 Calorie Cru$her$ cruise to victory.............................................................................24 Senior Day in Sevier Co. ..............................................................................................56 Treasurers bring workshop to Carroll County 42
$1,250,000 back in your general funds..................................................................58
Inside Look AAC Board Profiles: Debbie Wise and Rhonda Wharton.......................................19 Meet Danny Ormand, recently retired from ACIC...................................................44 Safety is Key at AAC.....................................................................................................48
Departments Sheriffs converge on Harrison 46
Calendar of Events.......................................................................................................... 6 From the Director’s Desk............................................................................................... 7 President’s Perspective................................................................................................. 9 Legislative Corner.........................................................................................................10 Attorney General Opinions..........................................................................................11
Cover stories Love for education drives public servant to serve ....................... 28 Passion for the people ........................30 30
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Frequently Asked Questions.......................................................................................12 From the Governor........................................................................................................13 County Law Update.......................................................................................................14 AAC Scholarships .........................................................................................................17 Seems to Me..................................................................................................................20 Advertiser Resource Index..........................................................................................58
Wash. Co. Courthouse constructed in 1904 still serves community ...................31
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Cover Shot:
FormerWashington County Courthouse
he cover photo was taken June 25 in downtown Fayetteville and the subject is the Washington County Courthouse located at 4 South College Avenue. The structure was listed on the National Register of Historic Places in 1972. It is four stories tall and its Richardsonian Romanesque style architecture has been a part of the Fayetteville skyline since it was completed in July 1905. Charles Thompson, a Little Rock architect, and future Arkansas Governor George Donaghey, general contractor, built the building for $100,000. Washington County still uses the building, but moved its main offices down the street to the former First South Savings & Loan building in the 1990s.
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(AACPhotScot o/ Perki t ns)
your goals, your goals will go to work on you. If you go to work on your plan, your plan will go to work on you. Whatevergoodthingswebuild end up building us. Jim Rohn If you go to work on
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C al e n da r of E v e nts
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Mission Statement: The Association of Arkansas Counties
August 8-10 44th annual AAC Conference October 24-26 County Treasurers Northwest Arkansas Hilton Garden Holiday Inn - Convention Jonesboro Center Springdale October 22-27 County Assessors September 6-7 Arlington Hotel County Clerks Hot Springs Embassy Suites Little Rock / AAC November 29-30 County Tax Collectors September 26-28 Embassy Suites County Judges Little Rock Holiday Inn West Memphis October 17-19 Circuit Clerks Ozark Folk Center Mountain View
CONTACT AAC Association of Arkansas Counties 1415 West 3rd Street Little Rock, AR 72201 (501) 372-7550 phone (501) 372-0611 fax www.arcounties.org
Calendar activities are also posted on our Web site:
www.arcounties.org
cvillines@arco cvillines @arcounties.org unties.org
Jeanne Hunt, Executive Assistant
jhunt@arcounties.org jhunt @arcounties.org
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he Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district officials. The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office.
Risk Management / Workers’ Compensation Brenda Emerson, ACE Program Coordinator bemerson@arcounties.org
Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org
Jeff Sikes, Legislative Director jsikes@arcounties.org
Wes Fowler, Government Relations Director wfowler@arcounties.org
Scott Perkins, Communications Director sperkins@arcounties.org
Chris Villines, Executive Director
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Debbie Norman, Manager, Risk Mgmt Services dnorman@aacrms.com
Freda Taylor, Administrative Assistant ftaylor@aacrms.com
Debbie Lakey, Workers’ Comp Claims Manager dlakey@aacrms.com
Cathy Perry, Administrative Assistant cperry@aacrms.com
Kim Nash, Workers Comp Claims Adjuster knash@aacrms.com
Denise Glenn, Workers Comp Claims Adjuster dglenn@aacrms.com
Cindy Calvert, Claims Examiner
Cindy Posey, Accountant cposey@arcounties.org
Elizabeth Sullivan, Secretary / Receptionist esullivan@arcounties.org
ccalvert@aacrms.com
Becky Comet, Member Benefits Manager Manager bcomet@arcounties.org
Barry Burkett, Loss Control Specialist bburkett@aacrms.com
COUNTY LINES, SUMMER 2012
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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 Scott Perkins at 501.372.7550. Executive Director / Executive Editor Chris Villines Managing Editor Scott Perkins
AAC Executive Board: Mike Jacobs – President Roger Haney – Vice President Danny Hickman – Secretary-Treasurer Sherry Bell Debra Buckner Rita Chandler Jim Crawford Rhonda Wharton Jimmy Hart Judy Beth Hutcherson Leonard Krout Faron Ledbetter Bill Gipson Gene Raible Marty Moss Johnny Rye Debbie Wise
National Association of Counties (NACo) Board Affiliations Alvin Black: Public Lands Steering Committee. He is the Montgomery County Judge.
Roger Haney: Board of Directors. He is the Washington County Treasurer and is also on the Telecommunications & Technology Steering Committee.
Ted Harden: Finance & Intergovernmental Affairs Steering Committee. He serves on the Jefferson County Quorum Court.
Haze Hudson: Transportation Steering Committee. He serves on the Miller County Quorum Court.
David Hudson: 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.
Mike Jacobs: NACo Board of Directors, the Membership Committee and the Agricultural & Rural Affairs Steering Committee. He is the Johnson County Judge.
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The four “R’s:” Readin’, (w)Ritin’, (a)Rithmetic and our Responsibility
Director’s Desk
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s a child, I well remember days labored in classrooms devoted to the three “R’s.” I spent many hours learning the basics under the tutelage of the likes of Mrs. Franklin and Mrs. Purcell. The classes focused largely on reading, writing and arithmetic. I didn’t argue that two of the Chris Villines three didn’t begin with the letter “R” because rulers AAC across your hand are painful, but as the first and second Executive Director grades matriculated at Angie Grant Elementary, we got a good ole healthy heapin’ of the bigger picture as we plussed, minused, read and wrote our way to the next grade level. Today, my children learn in the same schools I attended and their minds may have well developed far beyond what I could ever learn about the planets, algebra and geometrical theorems. But as smart as they may be, I have become sincerely concerned that the most important part of what I learned in Arkansas public schools has been quietly set aside as we push education to compete with the likes of China and Japan. Aristotle once said that “Educating the mind without educating the heart is no education at all.” I agree, and submit that the cognitive retention of American students (the head) coupled with a healthy and passionate understanding of our government and the opportunity it gives (the heart) is today’s best comparison. As county officials, I’m sure you share with me the deep concern that civic education has ebbed at the expense of a new focus on math and science in our public schools. Let’s take a simple nickel for example. By the third grade most students can tell you that 20 nickels equals $1 and that one nickel equals five pennies. But I challenge you to find a student who can answer whose picture graces the front of the nickel? What role he played in American history? And what the significance of the building on the back of said nickel is? If memory serves me correctly, Mrs. Franklin and Mrs. Purcell told me who was on the nickel before they told me what it was worth. In 2011, Newsweek magazine gave 1,000 Americans the U.S. Citizenship test. Only 38 percent of those citizens passed. It should be sobering to our electorate that we insist immigrants pass a test to become citizens but 62 percent of our own citizens fail the same exam. A full 73 percent did not know why we fought the Cold War while 29 percent could not name the vice president. Seventy-one percent wanted smaller government but 81 percent opposed cuts to Medicare; 78 percent opposed cuts to Social Security; and 70 percent opposed cuts to Medicaid. In the same test 44 percent couldn’t define the Bill of Rights and 6 percent couldn’t circle Independence Day on a calendar. Many did not know that Saddam Hussein had nothing to do with the 9/11 attacks. An alarming 40 percent did not know who we fought in World War II. As elected officials, we should be both alarmed and saddened that the people of America know so little about our country. From a practical standpoint, why should we be surprised that they don’t know how to assess their cars when they know nothing of their own government? There is greatness about America that is being swept away little by little.
>>> COUNTY LINES, SUMMER 2012
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What we have forgotten is that test scores in algebra mean little if we don’t stage our learning within the framework of freedom and the spirit of potentiality that our forefathers embraced. The Association of Arkansas Counties Legislative Committee met in recent days to discuss our biennial legislative package. As we poured over potential legislation, the topic turned to what is most difficult with our legislative process. The meeting meandered in a healthy way to the biggest problem that faces all who are in public service — an electorate that understands little about county government. Why do we have taxes? Why do we have county roads? Why are counties charged with jails for inmates? Why would a division of government be given unfunded mandates to perform these services? It is clear that in 2012 we deal with citizens and lawmakers without a historical perspective to answer these and many other questions pertaining to county government.
is extremely well done and we hope that you will spread the word to the children and young adults in your counties. In addition to “Counties Work” there are a number of other similar games that can be used to educate about government all the way from explaining the branches down to voting or argument resolution. Secondly, some years ago the AAC put together a video detailing county government and its responsibilities. It is time for us to do the same again. When completed, this video can serve as a very useful tool when you interact with all ages about county government in general and specifically about your office. Wouldn’t it be nice the next time you speak to a Rotary Club to have five to ten minutes of your presentation devoted to a professionally done video that details your job?
And finally, one of the best tools for education about county government in Arkansas is in your hands right now. County Lines is a While we should applaud advancwell-done quarterly magazine that ing achievements in math and s elected officials, we should be science scores in our educational gives glimpses of what is important system, we should also be appalled to county government. Many kudos both alarmed and saddened that by the declination in knowledge to the contributors to the magazine about our civility and our individual and to its Managing Editor Scott the people of America know so little about responsibilities to make our country Perkins for our first-rate publication. a better place. Our vision is to take the already their country. From a practical standpoint, great County Lines format and Sometimes we all have to refocus, why should we be surprised that they don’t develop a special edition devoted to search out these problems and solely to education about county ask ourselves “Are we doing what we know how to assess their cars when they government. Each elective office will should to keep this from happenbe detailed and the interaction with ing?” This is exactly what we at the know nothing of their own government. the state and federal government and AAC have done in the wake of that schools will be a key piece. Our hope legislative committee meeting, and Chris Villines is that this handout will be in the unfortunately, the answer is “no.” end printed and used more than any But the AAC is not alone in allowing this problem to grow. It is, after all, other single publication in the hisa societal problem that encompasses the educational system, elective tory of the AAC. It will take time, but if we can detail on paper all of offices and the media. We are on the cusp of forgetting all about the who, what, when, where, why and how’s of county government; America that has made us great and it is in our mission statement at we will have an issue for the ages. the AAC to educate not only ourselves, but those around us. This will undoubtedly be a team effort but we absolutely must do So I ask you to join with us as we try to do our part to re-ignite a better job of telling people our story. I look forward to working the education of Arkansans about the great history and promise of with all of you and your associations on these projects, and we plan our country, specifically county government. We accept the chalon utilizing outside resources who can help get the word out in a big lenge to put in your hands the tools you need to attend schools, civic way to the electorate and the children of Arkansas. groups and public gatherings armed with information to spread the Educating Arkansas about government is much more important good word of county government. Some material already exists and than filling their heads – it reminds them of the opportunity that we must do our part to get it to you. Some outdated material needs awaits them. Socrates wrote, “Education is the kindling of a flame, to be freshened up to meet the 21st century. And yet some must be not the filling of a vessel.” created for the first time. I believe we have a great chance to help ignite it. First I’d like to focus on the website www.icivics.org. The Na-
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tional Association of Counties (NACo) has partnered with Retired Supreme Court Justice Sandra Day O’Connor and iCivics to develop “Counties Work,” an interactive game for all ages that allows you to build and manage a county government as the chief executive. I encourage you to go to the AAC website (www.arcounties.org) and click on the link to “Counties Work” and play the game yourself. It 8
Chris Villines Chris Villines AAC Executive Director COUNTY LINES, SUMMER 2012
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County work heats up in summer 2012
he hot and drought-stricken summer endures and is proving to be a tough one for citizens across our great state. However, that factor has never kept Arkansans from working hard on good projects and carrying on. In this time of intense heat, I always try to remember to be aware of our elderly and other at-risk individuals who might need additional help in our communities. We should also recognize the firefighters across Arkansas who have collectively battled hundreds of fires in the Natural State in June and July. Yes, the summer will continue for a while longer, and soon, a sunburned Arkansas will head back to school. But it is also certain that the good work throughout our state accomplished in our counties every day will outlast this challenging summer and many more. I want to take this space to give County Lines readers an overview of the Association of Arkansas Counties efforts in many arenas as we as an association continue to grow and improve how we advocate for all of Arkansas’ 75 counties. AAC Workers’ Compensation Trust just designated $1,250,000 in dividends to its member counties. The fund is stable and steady and the service is strong. The staff at the AAC is the best at what they do in managing those claims and an important part of its success. AAC’s Rick Management Fund is thriving and growing as well and its team members are assisting in spreading the word about a new SAFER Grant from the Federal Emergency Management Agency that benefits active volunteer firefighters. The grant was secured by Charles Gangluff, program manager of the Arkansas Resource Conservation and Development Councils, who has greatly impacted rural firefighters in Arkansas. Meetings began in July and are ongoing throughout the state. The AAC added the position of member benefits manager this summer. Our work in that arena has just begun, but we are headed toward increased benefits and added value for our members. Becky Comet, a finalist on “Season 12: The Biggest Loser” on NBC, joined the AAC in June and has already organized discounts from retailers that county employees across the state can use to save money. We look forward to expanding this aspect of our membership experience. Summertime at the AAC means conference time. Jeanne COUNTY LINES, SUMMER 2012
President’s Perspective
Hunt, executive assistant, has again organized an entertaining and informative conference. All the staff deserve a pat on the back for their efforts in finalizing another dynamic conference. The AAC Legislative Committee Hon. Mike Jacobs has taken some large steps toward AAC Board President; an even stronger and more unified Johnson County Judge lobbying team this summer. Membership on the legislative committee was expanded this year as we prepare for the 89th Arkansas General Assembly. This broadened committee will soon find itself prepping the AAC legislative package and testifying at the Capitol, as the 89th session is just around the corner. The AAC’s legal staff continues to communicate to our members and manage real-life situations to design our strategies for improving our counties’ legal resources and organizing and compiling legal information that they need to make decisions. Currently, the legal team is preparing a writ of mandamus guidebook and a class to be certified by the Arkansas Law Enforcement Training and Education Academy. Other projects include organizing information and a workshop on the sale of seized property and working on policy for consideration by AACRMS for compliance with PREA. All of these projects and people are working together to make the AAC as strong and vibrant as ever. I’m proud of the AAC team and happy to be president of the board. We hope the summer cools down soon, but just know that the board of directors, member associations and the AAC team is working for you as we aim to help make county government as good as it can be for the people of Arkansas.
The Honorable Mike Jacobs Johnson County Judge / AAC Board President 9
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L e g i s l at i v e t a n g e n t s
Critical habitat could handcuff counties, industry, private lands
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ritical habitat designation could have a negative impact on counties, industry and private land ownership. Under the Endangered Species Act any member of the public may nominate a species they believe is threatened or endangered for listing. Nomination entails two steps: 1. Putting together a petition outlining your reasoning as to why that species should be listed as either threatened or endangered and; 2. Presenting it to the Fish and Wildlife Service for consideration. Although the ability to nominate a species rests with any individual citizen, the petitions are typically presented to the service by environmental groups. One such group, The Center for Biological Diversity, has presented a petition requesting listing of 404 species, 35 of which have habitat in Arkansas. In addition to requesting that the service classify these species as either threatened or endangered, the center has also asked that a simultaneous finding of “critical habitat” be made. In essence, the critical habitat determination is the process of protecting the habitat of threatened or endangered species. Critical habitat is an area of land that the service determines needs to be appropriated for the survival of the species. That land may still be available for use; however, most likely not in the same capacity as it was prior to the critical habitat designation. This means that when the federal government, or any other governmental unit or non-governmental organization that receives federal funds, wants to do anything on land that is deemed to be “critical habitat,” there must first be an in-depth analysis to determine how that action will affect the species that uses that land. Under certain conditions, this requirement may also apply to private land. Additionally, this means that if a private landowner receives federal funds, such as WHIP or EQIP funds from the National Resource Conservation Service (NRCS), or if they need a federal permit, they will no longer qualify for the funds or permit without a full environmental consultation with the service to determine the effects of their action on the species. The service will argue that the consultation will be at no cost to the landowner, as it is between the service and the agency issuing the permit or the funds. However, considering the potential consequences of the consultation, it is not likely that prudent, reasonable landowners would allow this process to move forward without private counsel to represent their own interests vigorously. Then, depending on the outcome of the consultation, the action can either be allowed or denied. An example of actions that may be regulated by a critical habitat determination is cutting timber on federal lands; road or bridge work, if the road department receives any federal funding or grants; any building project by an agency receiving federal funding for the project; or a private person cutting timber on private land if they receive federal funds or permits. Effects to private land also occur regardless of a critical habitat determination and are solely a result of the species being classified as either threatened or endangered. If a private landowner, as a recipient of federal funds or a federal permit, wants to use their own land, which has any of the threatened or endangered species located on it, they must be certain not to “take” any of those species. Take is a very broad term 10
Legislative Corner
that basically means to harm, harass or interfere with that species in any way. If the action will “take” a threatened species, the private citizen must go through the rigorous process of applying for an incidental take permit. Jeff Sikes Only after obtaining this permit may AAC Legislative Director they proceed with the action. If the species is endangered instead of just threatened, then an incidental take permit is not available and the action is strictly and specifically denied. However, regardless of federal funding or federal permits, a private citizen still must contend with their greatest threat: third party litigation. The service will argue that they are not concerned with private action unless there is a “take”; however, due to citizen enforcement provisions in the Endangered Species Act, any citizen or environmental group may take the private landowner to court to prevent action on their land that may harm a threatened or endangered species. As of now, the service has determined that 374 of the initial 404 species in the petition warrant additional research into whether or not they should be listed as either threatened or endangered at this time. This additional research period is known as status review. The service has until Sept. 15 to make this listing determination. Once their findings are completed on Sept. 15, they will begin the determination of whether or not critical habitat should be set out for any of the listed species. There are two ways the service can proceed with critical habitat determination; they can undertake an environmental assessment (EA), which is a concise, small-scale review of the issues and which only takes into account immediate economic effects involved with the listing, or they can undertake an environmental impact statement (EIS), which is an in-depth analysis that includes the cumulative economic impact the critical habitat determination will have. Arkansas has a very strong interest in having the service choose to do a complete EIS. In addition to the more in-depth economic and environmental impacts analysis that are taken into consideration under this study, the EIS process also allows the state, state agencies, or subdivisions of the state (counties, school districts, etc.) to apply for cooperating agency status. With a designation of cooperating agency status, those agency representatives are at the table for all discussions of critical habitat. It gives them a voice in the process and allows them to present information regarding the practical effects the listing will have across the state. Because of the vast effects a critical habitat determination will have throughout the state of Arkansas, the state as well as the counties have a major interest in being present at the table during critical habitat discussions. COUNTY LINES, SUMMER 2012
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...Recent Attorney General Opinions...
Summarized for county perspective AG OPINION NO. 2012-007 The Arkansas Constitution, Article 12, § 5, prescribes: “No county, city, town or municipality shall become a stockholder in any company, association or corporation; or obtain or appropriate money for, or loan its credit to, any corporation, association, institution or individual.” The AG explained that gift or donation by a county government to nonprofit corporations, including volunteer fire departments that are private nonprofit corporations, may be constitutionally suspect. (See prior AG Opinions 1992-083 and 1992250). Appropriations by a county to a public entity or governmental entity are not prohibited. A.C.A. 14-284-408(a) explicitly allows quorum courts to directly fund volunteer fire departments; however, the code must be read in the context of the Arkansas Constitution. So for counties seeking to procure services for its citizens enter contracts for local governmental services with private corporations, such contracts for services must be supported by adequate consideration. (See Attorney General Opinion No. 1999-408.) There are a litany of county government services set forth under A.C.A. 14-14-802, including emergency services, ambulance, fire protection and fire prevention services. Recently, AG Opinion No. 2012-066 described several lawful structures of contracts for: services for summer youth employment program, for economic development, youth services and other services for county affairs set forth under A.C.A. 14-14-802.
AG OPINION NO. 2012-010 The Attorney General made clear that churches and cemeteries are not exempt from ad valorem property taxes on their mineral rights, and stated that mineral interests never fall within the scope of exemptions on property taxes under Article 16, Section 5 of the Arkansas Constitution. The assessor is charged with responsibility of assessing all non-tax exempt property. Arkansas law values non-producing minerals at “zero” value due to COUNTY LINES, SUMMER 2012
the difficulty in evaluating. The minerals estate and surface estate are two entirely different property interests. A church or cemetery may be declared exempt from property taxes upon the surface estate or surface interests when used exclusively or predominately for church or cemetery purposes, respectively. Plainly stated, the minerals interests may be isolated and separate from the surface estate. Also the use of minerals in production thousands of feet below the surfaces is not exclusively for church or cemetery purposes, rather the use is for revenue production and commercial or business use. The AG also made clear that the ad valorem property tax on minerals is not a severance tax, citing the recent authority of the Arkansas Supreme Court in May v. White County et al., and A.C.A. 26-58-109 making clear that the “severance tax is in addition to the general property tax.” The AG added that the county is “obliged to tax all producing minerals interests regardless of how the surface estate might be used.” Once exploited (no longer non-producing) minerals interests are subject to taxation under the property taxes adopted under the Arkansas Constitution and law.
AG OPINION NO. 2012-003 Death scene and crime scene investigations require consultation and cooperation among various officials, law enforcement, coroners and the State Crime Lab. Prior opinions state that the coroner under normal circumstances should, where immediate action by police officers is indicated, defer to the investigation by the police officers. When “no immediate action by police officers” is required; law enforcement officers should defer to the coroner. The coroner should obtain the consent of law enforcement prior to moving the body. Law enforcement and coroners should consult as to whether the body should be moved based upon an agreement that it is appropriate and perhaps necessary
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to move the body under the circumstances. The coroner has the responsibility to move and Mark Whitmore store the body AAC Chief Counsel and remains in an appropriate facility in consultation with the crime lab and law enforcement. The “Vital Statistics Act” prescribes that the removal of the body from the place of death for final disposition must be obtained either by the coroner or the medical examiner, depending on which is to certify the cause of death. Law enforcement has no responsibility for the custody of the body or remains and therefore has no right to order which facility to transport a body, but should be consulted along with the Crime Lab. The debate over primary jurisdiction over the body should not drive a wedge between the various officials. The key to managing these circumstances is cooperation.
AG OPINION NO. 2012-009 The Attorney General concluded that A.C.A. 11-10-301(f)(2) means the Department of Workforce Services cannot be required to pay costs and fees for filing a certificate of assessment at the time of acceptance by the clerk for filing. The provision in the law asserting that no deposits of advanced costs shall be required by the department merely means there is no payment in advance of filing. Clearly, the clerk may invoice and the department is obligated to pay the fees prescribed by the law. The law does not mean, as asserted by the Department of Workforce Services, that the department is liable for the statutory filing fee only if it ultimately collects upon the delinquent contributions. 11
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Publication of ordinances, effective dates
FAQs:
Frequently
Asked Questions
upon passage by the quorum court and approval by the county judge. 14-14-908. Emergency ordinances or amendments. (d) Readings and Publication. An emergency measure does not require separate readings or publication prior to passage. There are three types of ordinances: general, appropriation and emer- However, publication shall be initiated gency. The timeframe for publication and their effective dates varies by within seven (7) calendar days, excepting type. So let us look at each one separately and the statutes that apply. Wes Fowler holidays, after approval of the emergency 14-14-905. Adoption and amendment measure by the county judge. GovernmentRelationsDirector of ordinances generally: (e) Voting Requirements. The passage (d) Approval and Publication. (1) (A) Upon passage, all ordinances or of emergency ordinances or emergency amendments shall be approved by the county judge within seven (7) days amendments to existing ordinances shall require a two-thirds (2/3) vote of unless vetoed and shall become law without his or her signature if not the whole number of justices comprising a quorum court. On the passage signed within seven (7) days. of every emergency measure, the yeas and nays shall be called and recorded (B) The ordinances or amendments shall then be published by the in the minutes of the meeting. county clerk as prescribed by law.(2) (f) Effective Date. An emergency (A) Approval by the county judge ordinance or emergency amendment shall be demonstrated by affixing his to an existing ordinance is effective immediately upon passage by the or her signature and his or her notaquorum court and approval by the tion of the date signed on the face county judge. of an original copy of the proposed t is very clear in the statute that apSo counties have ordinances which ordinance. must be published 14-14-905 (d) ( B) (B) This approval and authenticapropriation ordinances must have by the county clerk as prescribed by tion shall apply to all ordinances or law. Well what is the law? It is very amendments to existing ordinances the publication process started within two clear in the statute that appropriation unless the power of veto is invoked. ordinances must have the publication (e) Effective Date. (1) No ordidays of approval of the county judge. process started within two days (exnance or amendment to an existing cept for holidays) of approval by the ordinance other than an emergency county judge. It is also equally clear ordinance or appropriation ordifor emergency ordinances that the nance shall be effective until thirty publication process must be within (30) calendar days after publication seven days (excepting holidays) after has appeared. approval of the county judge. It is also (2) An ordinance or amendment to an existing ordinance may provide very clear that the county judge has seven days to take action on all ordifor a delayed effective date or may provide for the ordinance or amend- nances. The judge can either sign their approval or veto within the sevenment to an existing ordinance to become effective upon the fulfillment of day period or it will become law without the judge’s approval. The county an indicated contingency. clerk will start the publication process depending upon the signature date A.C.A. 14-14-907. Appropriation or lack thereof within the proper time frame if the judge has not used their ordinances. veto. Regarding ordinances of the general nature, these are not an appro(d) Readings and Publication. An appropriation ordinance may be en- priation ordinance nor are they an emergency ordinance. The statute is acted without separate readings or publication prior to passage. However, not as clear with this type of ordinance; however, it has been the practice of publication shall be initiated within two (2) calendar days, excepting holi- most counties that publication start within seven days (except for holidays) days, after approval of the measure by the county judge. after approval of the county judge. This would seem to be the correct time (e) Voting Requirements. The passage of appropriation ordinances or since they are not immediately effective and the statute is silent on these amendments to existing appropriation ordinances enacted without sepa- type of ordinances. rate readings shall require a two-thirds (2/3) vote of the whole number The effective date is very clear. It is immediately upon approval by the of justices comprising a quorum court. On the passage of every appro- county judge for appropriation and emergency ordinances. For all other priations measure, the yeas and nays shall be called and recorded in the ordinances of the general nature, it is 30 days after publication unless statminutes of the meeting. ed otherwise in the ordinance. The otherwise stated date must however be (f) Effective Date. An appropriation measure is effective immediately at least 30 days after publication.
What is the time frame for publication of ordinances after passage by the quorum court and when do they become effective?
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Breaking barriers
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Arkansas Army National Guard names first female general officer
nother woman in Arkansas has broken a barrier, this time by being named the first female general officer in the Arkansas Army National Guard. Patricia Anslow received this distinction through her recent promotion to the rank of Brigadier General and Assistant Adjutant General. At just 45 years of age, she has dedicated most of her life to military service, to our State and to our nation, and she has broken other barriers along the way. Anslow graduated from the U.S. Military Academy at West Point, N.Y., in 1989. Women made up only 15 percent of West Point’s student body when she graduated, and that ratio has changed little in the two decades since. She then began her service in the active-duty Army, deployed with the 20th Airborne Engineer Brigade during the Persian Gulf War. After four years in the Army, she joined the Arkansas National Guard, where she has served for the past 19 years. During her military career, Anslow has held a variety of construction positions, as well as facility and combat engineer command and staff designations. She also served as a commander in Iraq. In her new role as assistant adjutant general, she is in charge of overseeing the state’s military facilities and training centers. Since 1994, Anslow has worked for the Little Rock District, U.S. Army Corps of Engineers, where she currently serves as Chief of the Planning and Environmental Division. Rising to such a position requires having the proper skills and education, which Anslow has accumulated at an impressive rate. She currently holds two bachelor’s degrees — one in Geography and one in Biology — and two master’s degrees — earning them in both water resource planning and strategic studies.
accomplishments in their careers, from sports to politics and from business executives to military brass. But it takes particular fortitude, stamina, and uncommon focus to reach the pinnacle of disciplines traditionally dominated by men. When it does occur, young women and girls benefit from the inspiration and know that their own ambitions can be set ever higher.
Hon. Mike Beebe Governor of Arkansas
Anslow’s education, which focused on science, was largely responsible for her success. For many of our children, this will be the case in their lives, as well. We know that by 2020, three-fourths of the jobs created in Arkansas will be in the fields of science, technology, engineering and math. It is vitally important to our economy and to our State’s standard of living that we educate our young people in these areas. Not every effort in school will lead to an Arkansan being the first to smash a barrier, but it will make Arkansas the best it can be. It is stories like General Anslow’s that illustrate how hard work and perseverance can create leaders and set examples of which all of us can be proud.
Mike Beebe The Honorable Mike Beebe Governor of Arkansas
Many women in our state and nation have achieved great
Arkansas State Capitol SNAPSHOTS On the north mall at the Arkansas State Capitol stands a travertine canopy, housing a replica of the Liberty Bell. The bell is one of 50 distributed to the states in 1950 after a successful Liberty Bond drive. The bond sale raised $6.5 billion to help pay the military costs of World War II. In 1977, the bell was incorporated into the present design along with the adjacent fountain to pay tribute to the “Spirit of ‘76,” America’s bicentennial. For more information on your Capitol go to:www.sos.arkansas.gov.
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(AAC Photo / Scott Perkins)
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Condemnation by county — measure of damages
County Law Update
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he measure of damages in a con- does not file an eminent domain proceeding, the Arkansas that all demnation case depends on owner may initiate his own inverse condemna- counties, … and whether the land is taken by the tion action. The court said that, in either event, all other political sovereign or by another entity. the same measure of damages would be used. subdivisions of When the sovereign exercises its right to take a See Thompson v. City of Siloam Springs, 333 Ark. the state and any portion of a tract of land, the proper measure 351, 969 S.W.2d 639 (1998). Fault has nothing of their boards, of compensation is the difference in fair market to do with eminent domain or inverse condem- commissions, value of the entire tract immediately before and nation; it is the taking of property that is action- agencies, authorMike Rainwater after the taking. This measure precludes any able. Recovery under the condemnation statute ities, or other Risk Management claim for value that would be added by a differ- is exclusive. See Missouri & N. A. R. Co. v. Chap- governing bodies Legal Counsel ent use contemplated by the taking entity, such man, 150 Ark. 334, 234 S.W. 171 (1921). shall be immune as changing the use of the land from from growing pine trees to a county landfill. liability and from suit for damages, Market value “Immediately Before except to the extent that they may and Immediately After” the taking be covered by liability insurance. No When a governmental entity like a tort action shall lie against any such he proper measure of compencounty exercises its right to take a tract political subdivision because of the of land, the proper measure of compenacts of its agents and employees.” sation is ‘the difference in fair sation is “the difference in fair market The immunity granted to a counvalue of the entire tract immediately ty extends to a county official or market value of the entire track immedibefore and after the taking,” according employee if the official or employee to Property Owners Improvement Dist. v. was discharging a county function ately before and after the taking.’ Williford, 40 Ark.App. 172, 843 S.W.2d at the time of the alleged negligent 862 (1992). When another entity such act. See Matthews v. Martin, 280 as a railroad, telephone company or, Ark. 345, 658 S.W.2d 374 (1983); in this case, an electric company, exerAutry v. Lawrence, 286 Ark. 501, cises the right of eminent domain, just 696 S.W.2d 315 (1985) and Couscompensation is measured by the value of the No additional compensation allowed ins v. Dennis, 298 Ark. 310, 767 S.W.2d 296, portion of the land taken plus any damage to Article 12, Section 5, of the Arkansas Con- 297 (1989). the remaining property. See Id; see also Arkansas stitution states “No county ... shall ... obtain or But, no immunity La. Gas Co. v. Howell, 244 Ark. 86, 423 S.W.2d appropriate money for, ... , any corporation, for intentional torts 867 (1968); Arkansas La. Gas Co. v. James, 15 association, institution or individual.” It would, Many condemnation lawsuits also allege the Ark. App. 184, 692 S.W.2d 761 (1985). DeBoer therefore, be an unconstitutional gift for a coun- intentional tort of trespass. The Arkansas Suv. Entergy Arkansas, Inc., 82 Ark.App. 400, 109 ty to somehow compensate over and above the preme Court has ruled that statutory tort imS.W.3d 142, (2003). difference in fair market value of the entire tract munity does not apply to prevent liability for an Measure of damages is same for either immediately before and after the taking. intentional tort (e.g., assault, battery, false imcondemnation or inverse condemnation “The difference in fair market value of the enprisonment, defamation, outrage, trespass). See In DeBoer v. Entergy Arkansas, Inc., 82 Ark. tire tract immediately before and after the takBattle v. Harris, 298 Ark. 241, 766 S.W.2d 431 App. 400, 109 S.W.3d 142, (2003), a landown- ing” is the exclusive remedy absent a statutory (1989). er sued an electric utility for the replacement abrogation of the common law rule. value of trees cut by the electric utility. The utilNegligence immunity still ity claimed that the measure of damages was that applies to claims of “Damages” (Mike Rainwater, a regular contributor to permitted by the laws of condemnation, and that All counties, county boards, county commisthe landowner was precluded from utilizing any sions, county agencies, county authorities and County Lines and lead attorney for AAC Risk other theory for a higher measure of damages. the officials and employees thereof, are immune Management, is principal shareholder of RainwaThe court explained that an electric utility may from negligence liability for conduct arising ter, Holt, and Sexton, P.A., a state-wide personal exercise the power of eminent domain by filing from their official capacity. Immunity from neg- injury and disability law firm. He has been a lawyer for more than 30 years, is a former deputy prosa condemnation petition in court, and, in that ligence liability is a legislative gift. proceeding, damages for the taking are assessed; Arkansas Code Annotated 21-9-301 states, “It ecuting attorney and has defended city and county however, if the utility takes an owner’s land but is declared to be the public policy of the State of officials for more than 25 years.)
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Congratulations to the AAC’s 2012 scholarship recipients!
he Association of Arkansas Counties recently announced its 2012 AAC Scholarship Trust recipients. AAC established the trust in 1985 to provide college financial assistance to the children, stepchildren and grandchildren of Arkansas county and district officials and employees. AAC has since awarded more than $145,000 in scholarships. Along with the Association of Arkansas Counties, the following county associations contribute to the scholarship trust annually: The County Judges Association of Arkansas, The Arkansas County Clerks Association, The Arkansas Circuit Clerks Association, The County Collectors Association of Arkansas, The Arkansas County Treasurers Association, The Assessors Association of Arkansas, The Arkansas Association of Quorum Courts and the Arkansas Sheriffs’ Association. n Lauren Harvey is a 2012 graduate of Ashdown High School and the daughter of Little River County Deputy Assessor Terah Bearden. Harvey will attend Cossatot Community College, pursing a degree in Elementary Education.
at Ouachita Baptist University to study pre-pharmacy.
n Melanie Herring is a 2012 graduate of Woodlawn High School in Rison. She is the daughter of Donald R. Herring, Cleveland County Justice of the Peace. Herring plans on attending Ouachita Baptist University in order to obtain a degree in Biochemistry.
n Coleman McRae is the son of Sharon McRae, Sevier County Deputy Tax Collector, and a 2012 graduate of De Queen High School. McRae plans on attending the University of Central Arkansas and majoring in pre-pharmacy. Sara Loe n Katie Brech is a 2012 graduate of Arkadelphia High School and the granddaughter of John L. McClellan, Cleveland County Justice of the Peace. Brech will be attending Ouachita Baptist University, where she plans on pursuing a degree in Biology.
n Deidre Holben is the daughter of Larry Holben, Johnson County Justice of the Peace, and 2012 graduate of Lamar High School. Holben will be attending Arkansas State University – Beebe to obtain a degree in Veterinary Technology. (Holben is this year’s recipient of the Matt Morris Scholarship.)
Coleman McRae
n Joseph Korkames is a 2012 graduate of Southside High School in Fort Smith. He is the son of Kimberly Brooks, Crawford County Deputy Clerk. Korkames will attend Hendrix College, pursing a degree in Biochemistry.
Karen Ricketts Katie Brech n Karen Ricketts is a 2011 graduate of Charleston High School and the daughter of Laura Ricketts, Franklin County Deputy Treasurer. Ricketts attends Arkansas Tech University, where she is pursuing a degree in Broadcast Journalism. (Ricketts is the first recipient of the Randy Kemp Memorial Scholarship.)
n Courtney Wetherington is a 2012 graduate of Acorn High School in Mena. Wetherington is the daughter of Bill Wetherington, Polk County Road Department Foreman. She will attend Rich Mountain Community College in Mena. Lauren Harvey n Rachel Tucker is a 2012 graduate of Hampton High School and the granddaughter of Norma Castleberry, retired Dallas County Circuit Clerk. Tucker is enrolled
n Sara Loe is a 2011 graduate of Magnolia High School and the child of Columbia County Sheriff Michael Loe. Loe is attending the University of Central Arkansas while pursuing a Health Science degree.
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Cars, guns, money and junk You’ve got it.
Now, what to do with it? By Mark Whitmore AAC Chief Legal Counsel &
Lindsey Bailey
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AAC Law Clerk
ounty judges and sheriffs face common issues regarding the sale or disposal of county-owned property or property seized by a county. They are also frequently faced with the task of disposing of or selling property, but the origin of the property is unknown and the proper legal method of sale or disposal is not apparent. How should county property be disposed of when it is no longer of use to the county? What are the various methods of sale that can be used and which law applies? In some instances the property involved may be automobiles or weapons, which have been confiscated or forfeited in connection with a criminal arrest. How should seized assets be distributed? The origin of the property often serves as the linchpin on the legal method of disposal or sale. The exclusive right of a county judge to control the custody and sale of county property is uncontested. The county judge is given the power over county property and assets both constitutionally in Article 7, § 28 and Amendment 55, § 3, and statutorily in Arkansas Code Annotated (A.C.A.) § 14-14-1101 and A.C.A. § 14-16-1102. The procedure the judge is to follow in the sale of county property generally involves A.C.A. § 14-16-105 and A.C.A. § 14-16-106. Under subsection 105, when a county judge deems that it is in the best interest of the county to sell county-owned real or personal property, the judge can enter an order of sale for the property. The county property to be sold is appraised by the assessor. If the property is valued at less than $2,000, then the property may be sold by private or public sale, sealed bids or by internet sale at the judge’s discretion, so long as the sale price is at least three-fourths of the appraisal. If the appraisal is more than $2,000, the judge may sell the property for at least three-fourths of the appraised value by sealed bids or internet sale only. Also, for property worth more than $2,000, the sale must be approved by the vote of a board comprised of the county sheriff, treasurer and circuit clerk. The judge serves as chair of the board but has no vote on the approval. The county’s fixed asset list should be updated according to each county’s procedures to reflect all sales made of items on the asset list. If the county judge determines there is a surplus of some county-owned property, he may order the sale of the surplus by a public or internet sale to the highest bidder, without regard to the “three-fourths rule” pursuant 18
to the general sale of county property, under A.C.A. § 14-16-106. If the judge finds that the property is junk or “of no value to the county” (here meaning of no utility, may have some monetary value) and the assessor concurs, the judge may dispose of it in any manner that he sees fit. Property disposed of under subsection 106 must be reported to the county quorum court on a monthly basis. However, there are some instances in which some property comes under possession of the county when it has been seized and forfeited in connection with a drug-trafficking arrest. This particular type of property usually involves vehicles, weapons and money and comes into the possession of the county when county law-enforcement officers make arrests related to the manufacturing, transportation or distribution of certain types of controlled substances. Under A.C.A. § 5-64-505, the arresting law enforcement agency may seize without a warrant any property the agency has probable cause to believe was used, or intended to be used, to facilitate the manufacture or sale of certain controlled substances. Also, property in the possession of individuals arrested may be seized if the seizure is incident to the arrest or pursuant to a warrant or administrative search. Generally, property seized under this statute must be ordered forfeited by the circuit court having jurisdiction over the property. The court can order for the property to be sold, retained by the seizing law enforcement agency or prosecuting attorney for law enforcement or prosecutorial purposes. If the property is illegal contraband or something deemed to be harmful to society, it must be destroyed. There are strict guidelines that must be followed whenever this type of property is forfeited. It is not unusual for there to be disagreement between the various participating law enforcement agencies about the equitable division of seized assets. The prosecuting attorney’s office has discretion over all expenditures and equitable distribution among law enforcement agencies who participated in the investigation or arrest leading to the seizure of the sold property. If the court orders a sale of the property, the proceeds of the sale must be deposited into the State Special Assets Forfeiture Fund. This account is subject to audit by the Division of Legislative Audit, and there are certain procedures the prosecuting attorney must follow once the account exceeds $20,000, including a 20 percent payment to the State Crime Lab Equipment Fund. If the seized property can serve some law enforcement or prosecutorial Continued Page 26
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AAC Board Profiles Debbie Wise
The accomplishment of which I am most proud: My family,
of course. Being a part of county government. The honor of being the AAC Legislative Chair and board member. Serving as a past president of the Arkansas Circuit Clerks Association. Both of my parents were veterans. My father was a Vietnam vet. I am honored and proud to serve my county and state.
Office: Randolph County Circuit Clerk since January 1991. I served as deputy county clerk from Sept. 1, 1982-1991.
County I was born in: Fort Ord, Florida I got started in county government because: I applied for a part-time position in the clerk’s office. I was a single mom with a job as a waitress. I worked nights and weekends and I wanted more time to spend with my daughter.
What I like most about my county / state is: The people and their Southern ways. Natural beauty. I live in Pocahontas. I love the small-town atmosphere.
The hardest thing I have ever done is:
Many things in my personal life. To watch how drug problems have destroyed families. I see a lot of this through my job as circuit clerk.
Debbie Wise
, Rando lph Co .
At the top of my “bucket list” is to: Survive until I can retire.Then sit on a beach and watch the waves and sunset. You might be surprised to learn that: I have
spent over half of my life at the courthouse.
My favorite meal: I love everything! Not a picky eater.
When I’m not working I’m: I am always working somewhere, My pet peeve is: People who think they are better than love to spend time with grandkids and family. I enjoy cooking, fishing, reading and movies.
Rhonda Wharton
everyone else.
Motto or favorite quote: “What goes around, comes around.” they have done.
The hardest thing I have ever done is: Running for office
Office: Faulkner County Circuit Clerk County I was born in: Abilene, Taylor
for the first time was hard; I had an opponent who worked with me in the office. I am kind of a shy person, go ahead and laugh, I was at the time. It was hard for me to get out in front of groups and talk. I have gotten over that over the years but that was probably the hardest thing to do with work. In my personal life, the loss of my first husband was very hard and unexpected.
County, Texas
I got started in county government because: I was told by the then-tax
assessor about an opening in the circuit clerk’s office and went and applied. I had never had any experience with county government, but I liked it so much, I have stayed for almost 25 years.
What I like most about my county / state is: The people. They are the R honda Wh best. My favorite meal: Fried chicken, mashed potatoes and gravy.
At the top of my “bucket list” is to: Visit the
Mediterranean, Hawaii and Alaska.
arton, Faulkn er Co.
You might be surprised to learn that: I own
and ride a Victoria’s Secret Vespa scooter and love riding motorcycles.
When I’m not working I’m: Spending time with Bill, going to
My pet peeve is: People who wait until the last minute to merge when they’ve been seeing lane closures signs for miles.
The accomplishment of which I am most proud: My children.
Motto or favorite quote: “When you forgive, you in no way
garage sales, reading, playing with our dogs.
I have two daughters who have grown up to be productive, responsible young ladies. I’m very proud of them and all
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change the past — but you sure change the future.” It’s from a book by Brad Meltzer. 19
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Establishing priorities not easy Counties should be one of them
U
nlike Andy Rooney, a man who had the gift of saying so much with so few words, I tend to use so many words and say so little. But please stay with me as we talk about establishing priorities in government. It will seem but “a blink of the eye” and the 2013 General Assembly will be underway and the central focus, as always, will be balancing the state budget. Gov. Mike Beebe will set forth his plan, which will go into the legislative cauldron where much discussion will ensue (we trust the pot will not boil over), aimed at setting the state’s priorities. Establishing the state’s funding priorities will be viewed with varying degrees of depth by those involved. Some will look deep and philosophically in setting priorities — trying to understand the state’s degree of responsibility. Others will reason in a more shallow sense and make decisions without knowledge of responsibility. Sometimes priorities are established based simply on desires and what is important to a person, regardless of the actual responsibility of the state to provide funding based upon constitutional and statutory law. In other words, the small, unimportant things become priority to some. Here’s an unrelated example that makes the point. A century-old building that had served as the priory and primary student residence of a small Catholic college was about to be demolished. As the wrecker’s ball began to strike, I sensed the anxiety and sadness experienced by one of the older monks whose order had founded the college. “This must be difficult to watch, Father,” I said. “The tradition associated with that building and the memories of all the students and monks who lived and worked there … I can’t imagine how hard this must be for you.” “It’s worse than that,” the monk replied. “I think I left my iPhone in there.” No one with at least an ounce of intelligence will say it is an easy job. It being establishing priorities and balancing the state budget is a very difficult job and extremely important. There is little, if any, room for the trivial. I would have to surmise that most legislators realize that wrong decisions in setting the priorities can change the course of Arkansas history, and not for the better. Conversely, the right decisions will lay a foundation for Arkansas to emerge from these difficult times as an even stronger state — from state government down to local government and on down to the homes and daily lives of all Arkansans. Some priorities, while possibly important, can be delayed, but others must receive attention now. Government leaders today face a real challenge. There is a lurking attitude among many citizens that government is really not needed for much and the answer to every financial crisis is to simply cut the funding for government or, in other words, cut taxes. Because of this attitude, politicians tend to just focus on cutting spending. While that may make people happy in the short term, it does not put us on the right course for the future. Yes, government must balance its budget, but also must, or at least should, provide a quality level of service to its citizens. And that, of course, takes money. All levels of government — federal, state, county and municipal — are required to provide certain services for their citizens and have a moral obligation to provide others. There are other services that are nice, but not required. They can be provided if the people are willing to pay for them. Here is where prioritization comes in to play. And 20
sesme To me.
as Johann Wolfgang von Goethe said centuries ago, “Things which matter most must never be at the mercy of things which matter least.” Establishing priorities has to be exercised at every level of government. But since we are talking about the impending state legislative session let’s discuss state government, which, of course, can have a huge effect on local Eddie A. Jones governments. State government is imGuest Writer portant to every citizen. We recognize that some funding goes to services used by citizens now, but other funding goes to investments in our future and future generations. In my 32 years of experience in government, I have never seen a legislative session that had enough revenue to fund all the wants and very few, if any, that had revenue sufficient to fund all the real needs. Even though the state of Arkansas ended the fiscal year June 30 with a $145.6 million general revenue surplus, that does not mean that every need was funded in the state’s recently closed fiscal year. And it does not mean that the state of Arkansas will automatically have all the revenue they need to fund the fiscal year that they will make appropriations for when they convene January 2013. You see, they already know that they are facing an estimated $400 million shortfall for Medicaid funding due to changes in federal law and funding for Medicaid. That scenario does not bode well for what I know to be another funding shortfall of the state of Arkansas, which is to properly fund county government. I fully understand that counties have the authority to levy certain taxes and fees for county operations. And counties do levy taxes and fees for operations. But counties are civil divisions of the state and are the state’s auxiliaries and instrumentalities in the administration of the state’s government. I am not complaining about the functions counties have to implement and administer for the state because that is one of the reasons Arkansas counties were created. However, we should receive a sufficient state appropriation to cover the expenses of those state-mandated responsibilities. Improvement needs to be made on that front. County government, as an arm of state government, should be given higher priority as state
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funding priorities are established. A few years ago, a colleague of mine in one of the western cattle ranching states was making a point before a legislative committee. This state apparently was not going to have sufficient revenue to properly fund the needs of the state, including the needs of local government. My colleague gave the following analogy to the committee members. He said, “There is a lot of similarity in the state addressing its revenue shortfall and a cattle rancher suffering the effects of a drought. In times of drought, the rancher has four alternatives: (1) Cut the fence between you and your neighbor [state just takes local funding]; (2) Let your herd completely graze the pasture off to the point where the cattle get hungry and break the fence down in order to get to some food [residents end up at the county courthouse demanding services when the state no longer provides funding.]; (3) Cut the size of the herd [state reduces the size of state government]; or (4) Acquire additional pasture [increases in taxes and fees to properly fund the needs of government].” If I’ve learned anything in three-plus decades in county government, it is that to ignore the facts does not change the facts. And the fact is, the state of Arkansas does not currently have adequate revenues to properly fund the real needs of the state and its partner in delivering those services — county government. A key role for our state’s leadership, administrative and legislative, is to envision the state’s future and identify the components necessary to get us there. Leaders must also engage the voting public to elicit their support of that vision, and trust that leaders are investing in the right steps to get us there. One of those steps has to be a willingness to explain there is no “free lunch.” Government leaders must make clear
“O
the role of taxes in funding vital services many people take for granted – from fire and police protection to law enforcement and the courts and from public health to infrastructure needs. We cannot have a first-rate education system, which is a key component to economic prosperity, without dollars. We cannot prosper without a modern state and county transportation and road system that provides mobility for people and commerce without dollars. We cannot compete without a trauma care network that can save lives in all regions of the state without dollars. We cannot fairly govern and serve locally without equal and adequate services without dollars and we will not prosper without a sound, balanced tax structure. No doubt, efficiency in government operations is important and is something that requires constant vigilance. In any big operation, government included, there is room for improvement. But at the end of the day, the society we know could not exist, and we would not enjoy the quality of life we have without government. Our intergovernmental system is often a source of conflict, with disagreements between federal and state government, state and local government and counties and cities. One fact remains, however; America has the best governmental structure in the world and Arkansas is an important part of these United States of America. We arrived at this pinnacle thanks to outstanding, visionary leaders in the past. And if we are to remain atop the summit of sound government systems, it will be because of those visionary leaders that step forward today and establish the right progressive priorities. Revenue, expenditure and investment decisions made by government today lay the groundwork and foundation for our future prosperity. Laying this foundation cannot be done through polls. When history is examined and courageous leaders identified, they often are not doing the most popular thing at the time. The “best decisions” are not always easy, nor are they always popular. But we must trust and hope that statesmanship will survive and good leaders will continue to come forward with the best decisions. History will recognize the value of those types of leaders — real statesmen. Because as James Freeman Clark said, “There is a difference between a politician and a statesman. A politician thinks of the next election and a statesman thinks of the next generation.” Right priorities in the state of Arkansas will always include county government because of the way and reason for which we were created. The counties of Arkansas and the state of Arkansas are linked and our solutions should be too. County government and state government serve the same people. We share an identical base. By focusing on results we can continue to build a meaningful state-county partnership. “Desires dictate our priorities. Priorities shape our choices, and choices determine our actions.”
ne fact remains, however,
America has the best gov-
ernmental structure in the world and
Arkansas is an important part of these
”
United States of America.
our
ties
ces
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(Eddie Jones, county consultant, of Pocahontas served as Randolph County Treasurer from 1981 until taking the reins as AAC Executive Director in 2007; he retired that post in mid-2010. Readers can reach him at: e.jonesconsulting@gmail.com.) COUNTY LINES, SUMMER 2012
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State Representative Ann Clemmer job shadows Saline County Judge Lanny Fite this summer.
Saline County Courthouse.
Shadowing the judg By Scott Perkins County Lines Editor Editor’s note: This is the first in a series of articles focusing on state representatives and senators job-shadowing their respective county elected officials.
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aline County Judge Lanny Fite opened his courthouse and working environment to State Rep. Ann Clemmer (District 29) this summer for the sake of a new Association of Arkansas Counties (AAC) job shadowing project which partners county elected officials with their respective state senators or representatives. Clemmer spent the morning shadowing Fite, which included touring some of the county’s facilities, talking about recent and upcoming Saline County projects and learning all about a day in the life of the Saline County Judge. Just after 8:30 a.m., Clemmer and Fite sat in his office in the Saline County Courthouse sipping coffee and talking about the business of governing and serving one’s constituents. They spoke frankly and candidly while the judge went about his morning to-do list. In the 45 minutes, Fite handled several tasks, phone calls and made decisions as he tried to share his work day with his representative. John Vance, Saline County building supervisor, had some business to discuss with the judge and hesitantly walked in the office after he noticed Fite had a full room. “Come on John,” Fite said. “They’ll be here a little bit today, but we’ve got things going on.” “The judge is a busy man,” Vance smilingly said. “You’ll have to keep up with him.” 22
Vance came in to quickly discuss the new evidence room project he was managing. He and Fite rapidly worked through a couple of items concerning the project and then Vance went about his way. Fite tried to share an overview of county government with Clemmer, and at first, he spoke in broad terms. “Being able to work with other elected officials is important to being successful,” Fite explained. “Some of us might be from different parties when we’re running, but after the election, we all work together.” Fite said detention centers and jails are at the top of mind for most county officials. “Our No. 1 problem is our jails and funding for jails,” Fite said in regard to counties’ largest challenge. Fite and Clemmer spoke about the jail issue for several minutes and touched on high medical expenses for state and county inmates, growing populations and the need for a better way of doing things. The conversation meandered throughout the morning while Clemmer asked Fite to describe the judge’s role in general and some of Saline County’s recent projects. “Anything in the county that somebody wants done, they come to this office,” Fite said as he gestured to his desk. “The larger counties also deal a lot more with longterm issues such as water infrastructure, planning development and economic development.” Fite pointed out that there have been 200 subdivisions created in Saline County in the last 13 years. He also said in the same time period, about 30,000 people have moved into the county. Saline County’s current population is more than 107,000. COUNTY LINES, SUMMER 2012
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Above: Lanny Fite (left), Bo White (center), Saline County Road Department project coordinator, and Ann Clemmer browse the road department’s database and GIS mapping capabilities.
ge in
Above: Lanny Fite and Ann Clemmer tour the Saline County Courthouse. Left: Ann Clemmer (from left), Lanny Fite and Saline County Assessor Jim Crawford talk about trends in county assessments.
Saline County HOPE Court Saline County is the first county in Arkansas to test what is called a HOPE court. There are three HOPE courts across the nation, in Hawaii, Washington and Arkansas. Judge Gary Arnold facilitates Saline County’s. Fite said HOPE court is not for serious offenders, but is designed to attempt to change behavior quickly without simply doing what has always been done with repeat offenders or those on probation. HOPE is a Hawaiian program centered on immediate— and tough—sanctions for probation violations, rather than far-off court dates and mere slaps on the wrist, according to www.rightoncrime.com. Probation participants in HOPE court are subject to random drug tests and can be incarcerated for violations without going to court. “I’m impressed so far,” Fite said. “Nothing is perfect and what we are doing now is not working for these individuals. I look forward to seeing what Judge Arnold’s HOPE court can accomplish here.” Geographic Information Systems mapping In Saline County, modern maps help the county be more efficient and organized in countless ways. “The most amazing thing that has happened to me since I’ve been here,” Fite said about GIS technology. “Research that used to take hours or even days, now takes only a few moments.” Fite said some of the data on Saline County’s database includes tax parcels, flood plains, fire districts and hydrants, political districts, weather sirens and county roads and addresses. The Saline County Road Department utilizes GIS databasing as well as any department and has more than
COUNTY LINES, SUMMER 2012
700 miles of county roads in its system. The department also handles about 4,000 calls from the public per year. “I loved seeing the computer equipment the road department uses to track jobs,” Clemmer said. “Very impressive.” The system allows road department personnel to track calls and complaints, monitor and dispatch resources and sort by job type for organizing work flow. Fite said it greatly enhanced the department’s ability to identify reoccurring problems. “It does help our residents to know that we are aware they called and we can use the system to find out where we are at on the project,” Fite said. Fite mentioned the Rushing Road project to explain how the database helps the county be efficient. Rushing Road was a source for reoccurring road department work, he said. “My pet peeve is going back to do a job that we’ve already done,” Fite said. “The best thing we ever did was to start keeping track of projects in the road department.” The road department was the last stop in the day’s schedule, however. Fite said he thought Clemmer had a chance to get a good picture of what its like to be a county judge. “Elected officials working together is critical to having good local government,” Fite reiterated. Clemmer agreed and said that working with various officials and organizations is at the heart of good governing. “I think shadowing a county judge is a good thing for legislators to do, especially if they haven’t spent much time around county government,” Clemmer added. 23
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Calorie Cru$her$ cruise to victory Pulaski County team meets AAC challenge
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hey’re not what they used to be. Not if one considers their former collective weight, that is. And that was the determining factor in the Pulaski County Calorie Crushers victory in the Association of Arkansas Counties first “Take a Load Off Weightloss Challenge.” The Calorie Crushers lost a combined 2.83 percent of their collective weight from Jan. 3 to April 3. The team was treated to lunch at the AAC and enjoyed a celebratory presentation to the tune of “We Are the Champions,” by Queen. They will also be recognized at the 44th annual AAC Conference in Springdale on Aug. 8-10. “We wanted to do something fun with county officials and employees across the state, and at the same time, we thought organizing a weight-loss challenge could make a positive impact on those we serve and ourselves,” Chris Villines, AAC executive director, said. “We all benefit from a team concept to help keep a weight-loss plan successful and longer lasting than the national statistics. Way to go, Calorie Crushers.” The challenge hinged on county officials and employees across the state forming teams to participate in the 90-day contest. Teams were encouraged to share email addresses so that everyone taking the challenge could share recipes, tips, funny quotes, thoughts of the day, etc. Cathy Perry, AACRMS administrative assistant, organized and facilitated the challenge. 24
Before they crushed calories
The Pulaski County Calorie Crushers lost a total of 2.83 percent of their combined weight in the AAC’s first “Take a Load Off Weight-Loss Challenge” held from Jan. 3 to April 3. Pictured are (back row, from left) Ron, Laquita, Angie, Alma, Becky, Pat, Janet (front row, from left) Kim, C.J., Jean, Debra and Christy.
Look at them now!
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Association of Arkansas Counties board members Danny Hickman (from left), Boone County Sheriff; Roger Haney, Washington County Treasurer; and Mike Jacobs, Johnson County Judge and AAC board president, react to a comment from one of the presenters during the board’s meeting in June at the AAC in Little Rock.
Chris Villines, AAC executive director, reports to the board concerning association property, current AAC projects and upcoming events for the association. Villines spoke about the ensuing AAC conference in Springdale and updated the board of directors on County Lines magazine and other marketing efforts. He also introduced new AAC staffers.
The Association of Arkansas Counties Board of Directors holds a regular meeting June 13 at the AAC facilities in Little Rock. COUNTY LINES, SUMMER 2012
AAC Board conducts bi-monthly meeting The Association of Arkansas Counties Board of Directors met for its regular meeting in June at the AAC facilities in Little Rock. President Mike Jacobs called the meeting to order at 10 a.m. June 13 and a roll-call attendance was taken. Jeanne Hunt, AAC executive assistant, read the minutes from the previous meeting and they were approved. Chris Villines, AAC executive director, welcomed new staff members and presented various association business, including the property and director’s report. Villines told the board the AAC legislative committee has requested expanded membership this year and expects the change to be a positive one for the 89th Arkansas General Assembly, which convenes in January. “County government is facing tough times like many are in this economy,” Villines told the board. “We will continue to advocate and work toward improving the collective county situation across our state. The 2013 session will pose many challenges and opportunities for all counties in the Natural State.” 25
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Cars, guns, money and junk purpose for the seizing law enforcement agency or for the prosecuting attorney, the court may order that the agency may retain the property, for law enforcement or prosecutorial purposes only, for no longer than two years. If the agency wishes to use the property in an official capacity for longer than two years, it must seek court approval on an annual basis. When property that is retained is finally sold, 80 percent of the proceeds should go into the retaining law enforcement agency’s drug control fund and 20 percent should be paid to the State Crime Lab Equipment Fund. If the court finds that retained property was used for personal or inappropriate purposes, it can order the entire proceeds of the sale of the property to be paid to the state crime lab and declare the agency ineligible to receive further forfeited assets. Regarding the sale of confiscated guns specifically, A.C.A. § 16-90119 requires that any weapons confiscated during the commission of a felony involving a weapon be sold in accordance with certain guidelines if not retained by the appropriate law enforcement agency for official use. Weapons not suitable for sale to the public must be destroyed, and if the weapon may be sold by a state or local law enforcement agency, they must sell the weapons by public auction or competitive bid, subject to a background check of the purchaser. There is no mandatory waiting period for such sale, but no federal or state laws governing the sale of weapons may be violated.
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n The Association of Arkansas Counties will release a county compliance guidebook soon further detailing the requirements of seizures, forfeitures, asset inventory and expenditures of forfeited assets. There is no state or federal law specifically regulating the sale of weapons by a law enforcement agency that were purchased by the agency for official use rather than obtained by confiscation or seizure and forfeiture. There is no law that mandates how such weapons are to be sold or that a background check should be administered. However, because the federal law prohibits the sale of firearms to certain classes of individuals under any circumstances, the sale of a firearm by a state or local law enforcement agency, no matter how the weapon was obtained, should only be conducted after a criminal background check has been administered as is required for the sale of confiscated weapons. The Association of Arkansas Counties will soon release a county compliance guidebook further detailing the requirements of seizures, forfeitures, asset inventory and expenditures of forfeited assets.
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Roger Haney Washington County Treasurer
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ashington County was the destination for the County Lines cover story for this summer edition. We sat down with a couple of longtime elected officials working in the courthouse in an effort to share their story and perspective of Washington County. As you will find across the great state of Arkansas, county people differ but also share commonalities, just like every one else. But a common current found in courthouses is one of caring for the public’s business and treating people how you would like to be treated. Washington County was no different. We caught up with AAC vice president and Washington County Treasurer Roger Haney, who has been working in the county since 1979. We also had a chance to visit with the only female county judge in the state in Washington County Judge Marilyn Edwards, who has served Washington County voters for 43 years.
r eAD
Marilyn Edwards Washington County Judge
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Washington County’s stories from the hill
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story I had a good education since I had older brothers. I also went to school in a one-room schoolhouse until I was in the seventh grade, so I learned a lot from listening to the other grades. — Roger Haney Washington County Treasurer
Love for educat
drives public servant t
H
By Scott Perkins County Lines Editor
e was the fifth of six boys raised on a family farm in Saline County, Ill. He remembers the intimacy of a one-room schoolhouse and farm life as his initial character-creating experiences. His educational pursuits in college would land him in Fayetteville at the the University of Arkansas. Higher education brought him to the Northwest Arkansas community where he would eventually settle down to serve the community and raise a family. Roger Haney, Washington County Treasurer and vice president of the AAC board of directors, has journeyed through a varied and successful political service career sparked by a love for education. “I had a good education since I had older brothers,” Haney said laughingly. “I went to school in a one-room schoolhouse until I was in the seventh grade, so I learned a lot from listening to the other grades. I learned a lot of what they were doing in class as well.” Haney was born Jan. 30, 1946, on a family farm in Illinois near the town of Harrisburg. He says he caught the learning bug early in life and it strengthened as he pursued his own career path. “When I was in elementary school, being in that one-room schoolhouse environment, I learned to like learning,” Haney said. “My dad was that way, he read to me when I was a kid. He liked to read all the time, and loved language and crossword puzzles.” The boy from a small farming community in the midwest would go on to earn a bachelor’s of science in history and political science from Murray State University in Kentucky. He taught school in Kentucky for a couple of years before his pursuit of a master’s degree would bring him to Fayetteville to the University of Arkansas. “When I started teaching school or even at the university, I ran into all kinds people from all parts the country and when I started teaching, 28
all different places. I saw the diversity of the country and it was a big awakening for me to experience different people, different ideas and view points. That was really exciting.” Haney says the broader perspective and the diversity of collegiate classes only strengthened his admiration for learning and education. He still usually takes one class a semester at the university. He also just completed a community iPad class. “I really enjoy being around other students,” Haney said. After graduating with his master’s degree, he went to work at Springdale High School, teaching history for two years before he would eventually assume administrator roles with the Springdale Public School District for three years. Politics was another one of Haney’s interests and the opportunity to pursue it manifested in then-Gov. David Pryor’s bid for the United States Senate in 1978, when Haney was hired as a campaign aide. At the end of the successful campaign Haney was hired by Pryor to be the education liaison for his office before Pryor took his seat in Washington, D.C. During the campaign, Haney also met Charles Johnson, whom he would later join in the Washington County Judges’ Office. Haney said he became a speech writer as well after writing a speech for Pryor. “They came back after the speech and told me I was it,” Haney said. Haney was appointed as assistant to Washington County Judge Charles Johnson in 1979 and remained in that capacity for 20 years. Haney said he had fun in the judge’s office and was able to see many county projects go from the drawing board all the way to fruition. Haney cited roads, bridges, drainage issues and lack of equipment and resources as his and Johnson’s first gauntlet of challenges. “We had a number of obsolete bridges in our county,” Haney said.
Background art work: Former Washington County Courthouse.
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Washington County Treasurer Roger Haney works at his desk in the Washington Courthouse. He has worked for the county since 1979.
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“We had good stable ones, too, but we had some real issues to address, so we came up with a bridge program with a way of pre-fabricating bridge forms and reorganized the road department.” Haney said if the headwalls of a bridge were still good, the county could utilize county prisoners for labor and the new pre-fabricated bridge forms to quickly and efficiently improve aging, narrow bridges. “We lacked equipment and money to do all that needed to be done in our county, and cash flow wasn’t Haney points out and describes the courtroom layout in the old Wash- real good,” Haney said. “So we looked at and successington County Courthouse. The structure still houses county functions, fully passed a county-wide sales tax in 1981. including one of its criminal courts. “After the sales tax passed, we started looking at improving the infrastructure problems in county buildings.” Pictured is Haney’s display table In 1985, sales tax revenues allowed Washington inhisoffice. County to build a new jail downtown, which the county eventually outgrew as well. In the late 1980s as the region continued to swell in population, Washington County was in need of a new courthouse. The First South Savings & Loan builsing at the end of Dixon Street in downtown Fayetteville became available after the bank experienced financial troubles. “We were able to purchase the bank building as our new courthouse for $5 million,” Haney said with a smile. “It appraised for about $7 million.” Throughout the 1990s, the county also added a new county health department building, an extension service building and a new juvenile detention building. Before Johnson would leave office, Haney said the county also purchased land for a future road department. “Our road department had became more centrally located in town because Fayetteville grew so much. It’s location also became further away from rural roads that we served every day,” Haney said. “Our road department needed to have better access to the Haney poses near a colrural area.” umn in the old WashingHaney admitted he is proud in helping the comton County Courthouse. munity and in providing some things when he looks He described all the back at the accomplishments of the county while he renovations and projects was judge’s assistant. he worked on for the old “We were a little behind, but now, I think the structure while he was county has some time and some reserves to start working in the county looking long-range, and look at the use and function judge’sofficefor0 2 of the monies. They have to start some good financial planning for the future of Washington County. One of the reasons I say that is because our county managers have held back what funds they didn’t need and they are all good stewards of the public’s funds.” When Johnson decided to leave office, Haney had a crossroads in his career to maneuver. “And then when Charles left office, I just decided I’d ridden this horse and wanted to run for office,” Haney said. Haney did just that and was elected treasurer in
tion
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Background art work: County Clerk document vault in the former courthouse.
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I am one of the most blessed people in the world because I’ve been allowed to do what I love to do — serve the
people.
— Marilyn Edwards Washington County Judge
Passion for people Washington County Judge brings lifetime of public service to the table
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By Scott Perkins County Lines Editor
enerations of Washington County constituents have benefited by one dedicated public servant who has worked for them for more than four decades in numerous roles and offices. Edwards is one of only two female county judges in the state and she says she has really been blessed doing what she does. After 43 years, it is safe to say Washington County Judge Marilyn Edwards has a heart made to serve the people. Edwards, who was born in Hartman, Ark., in Johnson County in 1938, worked for the Washington County Judge and Clerk’s office for seven years before running a successful campaign in 1976 for the Washington County Probate and County Clerk position. She would serve in that capacity for 13 terms over 26 years. Edwards’ position gave her a front-row seat to one of the fastest growing communities in the country. “I watched Washington County grow tremendously,” Edwards said. “When I first started in the clerk’s office we had 30,000 registered voters and now we have 80,000 to 90,000. I’ve watched Fayetteville turn into … no longer a small rural community … it’s a metropolis now. I ran as the girl that was not from here. I was young. Being the clerk put me in the forefront and it was a wonderful opportunity and experience for me.” While county clerk, Edwards was a longtime member of the Arkansas County Clerks Association and served as treasurer and secretary. In 2001, the redistricting designation of a new district in the Arkansas House of Representatives would present the next stepping stone in Edwards’ career. She was elected in 2002 and would serve three twoyear terms as the representative from House District 88. “That’s an experience I will never forget. It was quite an honor to be able to work with the people of the entire state, not just my county,” Edwards said. “To be able to help people, to change some bills and laws that would improve peoples’ lives, that’s an experience that I will never be able to tell the people of Washington County just how much I appreciate them allowing me to do.” 30
Edwards said her time as state representative opened a lot of doors and served her well later on in her role of county judge. After six years in the Arkansas House of Representatives, Edwards set her sights on the county judge seat and was elected to that office in 2008. “Every position I have ever served for the people of Washington County has been an honor,” Edwards said. “I have been able to accomplish some things in here for the people of Washington County that I have dreamed about doing.” She said her family has embraced her deep roots in public service and that she has raised her two children, grandchildren, and now, a great grandchild, while in public service. What’s up in Washington County? Edwards said she is almost to the end of her building projects and has been in that phase ever since she became judge in 2008. Just recently, a new county animal shelter and a new juvenile center opened. She also mentioned the almost infamous parking deck situation that she inherited and managed as soon as she took office. Construction on the reconstructed parking deck has been completed for a couple of years. When asked what’s next for her goals as county judge she said, “To get through the next budget process and try to make sure everybody gets enough money to operate their offices. I think the next two years will be challenging, but it won’t be the first time I’ve encountered a challenge.” A new emergency service is close to Edwards’ heart and its roots go back to her first several days as county judge. Edwards recalled her first real county situation in office when she talked about a new county-wide program that she said she is very proud to have up and running. Code Red is a tornado alert system that notifies residents by phone who are in the path of a tornado. “My first real task in office was that we had a tornado in Cincinnati, [Ark.] and it blew the town of Cincinnati in western Washington County away,” Edwards said. “I’ll be honest, I was not prepared for
Background art work: Mural in the former county courthouse.
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Former Washington Co. Courthouse constructed in 1904 still serves community
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isted on the National Register of Historic Places in 1972, the Washington County Courthouse provides Fayetteville as well as the region and the state with a notable example of Richardsonian Romanesque style architecture. The massive four-story building has octagonal corner towers topped with conical roofs, and is dominated by a central square bell tower. Construction of the building began in June 1904 and was completed in July 1905, with a contract cost of $100,000. Charles Thompson, a prominent Little Rock architect of the decade, designed the building while future Arkansas Gov. George Donaghey was the general contractor. The Romanesque details are strongest in the rusticated limestone entrance porticoes of the front and end facades. Short granite columns support the arcade of the main portico. The western main façade is symmetrical with square-headed windows on the first two levels, round Romanesque arches spanning the third-floor windows and cast iron dormer windows on the fourth level, which is enclosed by the slope of a Mansard roof topped by an iron cresting. Few alterations have been made to the 1905 exterior. In 1947, County Judge Witt Carter ordered that the grand stairway approaching the main entrance be removed to accommodate a street widening of College Avenue. The dark clock face was replaced with translucent material in 1965 to allow the clock to be seen at night. In addition, the clock tower steeple was removed due to structural instability. It was replaced in 1974 with a taller, slightly steeper steeple with the aid of an Arkansas National Guard Army helicopter. Together with the towers of the University’s “Old Main” (added to the National Register in 1970) across town and a high church steeple rising between these extremities, the Washington Courthouse steeple provides the area with a collection of vertical elements not often found in communities of like size in midwest America. Nearly all of the interior spaces have undergone remodeling or subdivision. The most dramatic change was a 1973-74 addition of a bomb shelter and vault on the east side of the building, designed by Warren Segraves. In 1989 a complete rehabilitation and restoration study was completed by Witsell, Evans, and Rasco with David Powers of Springdale, which guided the interior and exterior restoration of the courthouse. Continued space problems and the opportunity to buy the building formerly housing the First South Savings & Loan in 1990 resulted in the county moving to that building over the next few years. This halted most
Passion for People that situation, but the emergency folks at the county worked hard and got us through it. That’s one of the reasons we have been so diligent with the Code Red launch and for our emergency plans in general. When you see a town destroyed like that, you never forget it. I’m very happy to have it [Code Red] in place.” Edwards said the county purchased a bus that is now used as a command center in emergency and/or disaster situations and that the county is more prepared today for those situations. When asked how long she would continue to serve, she energetically laughed and said, “Well, I’ll know when it’s time … but I’m not there yet.” Edwards said she would take that decision two years at a time, and for now, she is focused on continuing to lead Washington County and serve the residents well. “I am an open book and they [constituents] know that. I am what I COUNTY LINES, SUMMER 2012
The previous Washington County Courthouse, located at 4 South College Ave. in Fayetteville, was placed on the National Register of Historic places in 1972.
restoration plans. In 2003, County Judge Jerry Hunton created the Historic Washington County Courthouse Advisory Board to make recommendations on the restoration of the historic structure. The cost of the Continued to Page 32
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am. When they talk to me, I tell them the truth. It might not be what they want to hear, but it’s what is right,” Edwards said. “If they don’t like it, it could cost you votes but you cannot let that interfere with the job you’re doing; if it costs you votes, it costs you votes. You still have to do what’s right.” Edwards has been married to George for 57 years and they have lived in Fayetteville for 45 of those years. They have one son and one daughter, three grandchildren and one great grandchild. The Edwards are members of Central United Methodist Church of Fayetteville. “I am one of the most blessed people in the world because I’ve been allowed to do what I love — serve the people,” she said. Editor’s note: The other female county judge in Arkansas is Brenda Hunt who was appointed to the unexpired term of Cleburne County Judge Claude Dill in the summer of 2011 due to a vacancy in office.
Background art work: Current Washington County Courthouse.
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1998. He’s been stewarding the Washington County books ever since. “I have three great people in my office. I’m most fortunate to have had great people working for me since I’ve been in office,” Haney said. “The treasurer’s role in the whole county area is to provide checks and balances for other elected officials and to the quorum court. The public also needs to know their money is being well protected and when it’s spent, it has gone through a certain process and there you provide another check and balance.” Haney said a couple of his accomplishments in the office include digitizing records and setting up processes for online banking for the county. He turned to his computer monitor and placed his finger in a scanner to gain access to his terminal. All the computers in the courthouse have identification measures. “The first budget I was aware of in Washington County in 1979 was about $6 million,” Haney recalled. “Almost 34 years later, Washington’s County projected revenue is $76.6 million with a $62 million expense budget. So that’s one way to measure the growth I’ve witnessed.” Haney serves on numerous boards and organizations and is a director for the National Association of Counties board. “NACo is important to bring all the counties together and to speak for those counties. To speak to our national government to affect legislation that is passed on a national level but which will have to be implemented in all those counties.” Haney said his role at the AAC as vice president is one he cherishes.
Washington County was formed by action of the Territorial Legislature in October 1828, from part of Crawford County and a tract known as Lovely’s Purchase. It was named for George Washington. The county seat was first called Washington but since Hempstead County already had a Washington community, the name was then changed to Fayetteville. A beautiful view of the courthouse rising above the U.S. courthouse and Fayetteville skyline can be seen from Mt. Sequoyah. The landscape of the county is flat-topped mountains and valleys with hardwood forests south and east with rolling hills and prairie in the northwest. Washington is the second most populous county in Arkansas and one of the fastest growing. Still, the county leads the state in dollar value of agricultural products produced annually, especially poultry and beef cattle. The economy is well balanced among agriculture, retail and service establishments, industry, and public institutions. The University of Arkansas is the largest single employer in the region. On the web www.arcounties.org
Tom Lundstrum Micah S. Neal Gary Carnahan Rex Bailey Candy Clark 32
Washington County Treasurer Roger Haney points out Old Main on the University of Arkansas campus in the Fayetteville skyline. “The staff at the AAC is so good at what they do,” Haney said. “I’ve been apart of helping appoint two executive directors and I think we have come a long way and are moving in the right direction. I see counties getting more assistance from the AAC.” Haney has been married to Mary Elizabeth Curtsinger, a retired school teacher, for 44 years. They have two children — Julia Strickland and Steven Haney. They also have three grandchildren. He is currently seeking his eighth term as treasurer.
Washington Co. Elected Officials Marilyn Edwards County Judge
Karen C. Pritchard County Clerk
Bette Stamps Circuit Clerk
Tim Helder Sheriff
David Ruff Collector
Roger Haney Treasurer
Jeff Williams Assessor
Roger W. Morris Coroner
Justices of the Peace Barbara Fitzpatrick John P. Firmin Eva Madison Butch Pond Rick Cochran
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Mary Ann Spears Ann Harbison Joe Patterson
Gotowww.arcounties.orgfor bios on all Q.C. members.
Background art work: “Old Main,” University of Arkansas, www.uark.edu
Former courthouse Continued From Page 31
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six-year restoration process was approximately $4.5 million. During the restoration numerous historic artifacts were found and are now displayed in the building, including a dozen vanilla extract bottles from the 1920s and antique furniture original to the courthouse. Noteworthy details of the original interior still intact include patterned ceramic floor tiles, stampedmetal ceilings in ornamental patterns, woodwork and metal-work throughout, the balustrade of the twostory staircase and cast-iron columns and capitals in the first two levels. In November 2004, a month-long celebration of the courthouse’s 100th culminated in the opening of a 1904 copper time capsule placed behind the building’s cornerstone containing copies of numerous artifacts. At the ceremony, a new time capsule was dedicated and is to be opened in 2055. In 1920, the Daughters of the American Revolution commissioned New York artist William Steene to paint a mural honoring those Washington County men that died during World War I. Through numerous fund drives, the citizens of Washington County donated the majority of the $1,400 needed to paint, hang, and frame the 32-foot mural. The mural was cleaned and restored in 1976 and in 2010. Editor’s note: The Arkansas Historic Preservation Program has graciously agreed to partner with County Lines magazine and submit various historical stories like this one about our state’s courthouses. COUNTY LINES, SUMMER 2012
AAC is proud to announce a new interactive game designed for 6-12th graders and teachers that can be accessed on our Web site at www.arcounties.org.
Think you can run your own
County?
Look for the banner below on our Web site to play. If you earn re-election, be sure to share your experiences with us on Facebook. Players will learn about the various services provided by county departments and make tough budget decisions, handle resident complaints and concerns and face re-election.
www.arcounties.org
Powered by
Counties Work was created by iCivics, Inc. and the National Association of Counties (NACo).
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Arkansas leads nation in Smart 911 technology
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n June, Arkansas became the first state in the country to adopt a system called Smart911 that allows citizens to create a safety profile of Smart 911 is announced at a press conference at the Capitol on June 4. critical rescue related data, which is made available to 9-1-1 call takers and emergency responders in the event of an emergency call. “Smart911 integrates with the current system to provide additional lifesaving information to the responders. This will allow the responders to have information in their hands before they arrive, therefore providing a better service to our communities and state,” said Gary E. ‘Bud’ Gray with the Arkansas Emergency Telephone Services Board and North Little Rock Emergency Services. Smart911 is the trusted database of critical data on 9-1-1 callers and is protecting millions of lives across the United States. A safety profile is created by the citizen and can include as much or as little information as they choose. “The vital details contained in your safety profile could save your life. A dispatcher utilizes a Smart911 console. Please help us to better serve you and create your safety profile today,” said Jon Swanson of MEMS, on behalf of the Arkansas Ambulance AsConfused or disabled caller sociation. Call takers can view the medical profile of a confused or disabled caller. Three steps that make it work If an Alzheimer’s sufferer cannot remember his/her home address or an 1. Citizens create a safety profile by going to www.smart911.com. asthma sufferer is unable to speak, the 9-1-1 center will have dispatchable 2. They link their cell phone and/or their land line to their home or work. intelligence. 3. If they call 9-1-1, their safety profile will be displayed to the 9-1-1 Deaf or hard-of-hearing caller call center and made available to first responders. For the 20 million Americans who are hard-of-hearing, and anyone The information is private and secure and is only displayed on 9-1-1 who may have trouble communicating with a 9-1-1 dispatcher over the monitors for 45 minutes. It cannot be accessed by anyone for any reason phone, Smart911 offers the ability to preload data and communicate via at any time. Each safety profile is required to be updated every six months SMS after a call is initiated. through an automated call and e-mail to the profile owner. Smart911 installation is being completed by region across Arkan“Smart911 is a great benefit to these families [with autism spectrum sas through the rest of the year. PSAPs can expect to be contacted by disorders], as it allows them to provide very specific information on all Smart911 with installation and marketing information throughout the family members to 9-1-1 and response teams,” said Becca Green, co- next few months. chairwoman for the 2012 Arkansas Walk Now for Autism Speaks event. All citizens should be encouraged to create their safety profile today. It “Smart911 can give peace-of-mind to families across Arkansas as they will be available in all call centers once Smart911 is installed. Five mincan be assured that response teams will have the details they need to utes today could save a life tomorrow. better assist them,” said Chief Jeremy Harper, president of the Arkansas Association of Fire Chiefs. Sample Smart911 Use Cases Missing child Call-takers receive the photograph of a missing child during a 9-1-1 call which they can immediately forward to officers in the field, which saves critical minutes. COUNTY LINES, SUMMER 2012
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The Arkansas Association of County Clerks enjoyed an afternoon visit to Crystal Bridges Museum during its continuing education workshop in Rogers from June 25-27. Left: This sculpture greets visitors to the museum. Benton County Judge Bob Clinard welcomes the county clerks to Benton County and gives away passes for a special program at Crystal Bridges.
Jeff Sikes, AAC legislative director, talks about the psychology of politics.
Michelle Winemiller, Jackson County Deputy County Clerk, and Melanie Clark, Jackson County Clerk, participate in the continuing education workshop in Rogers.
Co. Clerks assemble for continuing education The Arkansas Association of County Clerks held a six-hour continuing education conference in Rogers from June 25-27. Association members utilized this time to network with each other and to discuss mutual challenges and trends in their respective offices during planned roundtable discussions. Attendees heard from speakers who talked about the Freedom of Information Act, legislative overviews, election current events and media relations. The Secretary of State’s office was well represented and Martha Adcock, director of elections, shared details about her office’s website and what to expect in the next general election. Jeff Sikes, AAC legislative director, outlined the AAC’s legislative process and timeline for the 89th Arkansas General Assembly. He also shared the latest research on politics and psychology. Ryan Owsley, deputy attorney general, presented an in-depth program on the Freedom of Information Act. He focused on what questions county clerks usually encounter the most. “We had an excellent meeting filled with pertinent information for our members,” said Rhonda Cole, Arkansas Association of County Clerks president and Clark County Clerk. “I also think we enjoyed some really good conversations about collective issues in our roundtable discussions.”
Above: Scott Perkins, AAC communications director, talks about media relations. Left: Ryan Owsley, deputy attorney general, explains the Freedom of Information Act. 36
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COUNTYY OFFICIAL profile COUNT Photo courtesy of The Evening Times / Mark Randall
n Melton Holt, 69 n Born in Gilmore, Ark. n Graduated valedictorian of Turrell High School n Earned bachelor’s degree in accounting from Arkansas State University in 1967 n Served as Crittenden County Tax Collector for 26 years n Elected county judge in 2000 n Married Martha in 1969 n Both have been active at Marion United Methodist Church for more than 40 years
Melton Holt, Crittenden County Judge, returns to the courthouse after a tragic motorcycle accident nearly took his life last July.
Tragedy to Triumph
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lvis is back in the building. Crittenden County Judge Melton Holt, 69, has been a fighter his whole life. He grew up in a family of five in Gilmore, Ark., and times were hard for his family. He held down his first job at only 12 or 13 years old. Without the funds for college, he would go on to earn a college degree by attending one semester at a time until he earned a bachelor’s of science degree in accounting from Arkansas State University in 1967. He was elected Crittenden County Tax Collector in 1972, a seat he would hold for 26 years. He has always been a fighter, but not only for himself and his family, but also for what was right for the people of Crittenden County. He also had a playful side as he often impersonated Elvis at community events. And he will tell you his most recent challenge and triumph after a tragic motorcycle accident was only realized through the power of prayer, his amazing will to live and loving family and friends.
Melton Holt, 1961
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The Holt family on vacation in Cancun, Mexico. Pictured are Melton (from left), Heather, Martha and Bert.
By Scott Perkins County Lines Editor
he Crittenden County Quorum Court meeting on July 17 might have appeared to be just like any other meeting held on the third Tuesday of the month at the courthouse, but this one was special. County Judge Melton Holt presided, as you would expect the county judge to do at a quorum court meeting; however, the year-long near death journey Melton had to travel to get to the meeting that day is a path not many men could endure. Exactly a year earlier to the day, the phone rang in the Holt household on Shiloh Drive in Marion. “Mrs. Holt, your husband has been in a terrible accident,” the dispatcher said. COUNTY LINES, SUMMER 2012
Cocoa
Martha told the caller that Melton was outside cleaning out the truck and that “it couldn’t be my husband.” The dispatcher reiterated that Melton Holt had been in an accident. Martha again explained how Melton was in the garage, or so she thought. The third time the dispatcher mentioned a motorcycle accident and Martha quickly realized Melton had taken the motorcycle to the carwash and collided with another vehicle not even a mile from the house. The Holt family was immediately thrust into a seven-month timeframe peppered with uncertainty and as Martha explained, “We were touch and go with Melton’s life for most of that time.” It would be 10 more months before the Holts would see Melton back in the home in which they lived since they were married on Jan. 3, 1969. Continued to page 39
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Crittenden County Judge Melton Holt glances at the front page of The Evening Times, in his home in Marion. Holt’s return to preside over the quorum court meeting was the lead story.
A Good Man e s u o h rt u o c e th to y a w e th ... all
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ard work and a full day’s effort was a way of life for the Holt family in Gilmore, Ark., in the late 1940s and early 50s. Young Melton Holt would enter the workforce before his teenage years while he held a variety of jobs including working in a movie theater, cutting meat at Mengarelli’s grocery and even working in a brassiere factory. Holt said the scripture of doing unto others how you would have them do unto you is a lesson he thinks of often. When asked to sum up how he approaches each day, he referenced a plaque that hangs in the collector’s office, “Lord, please help me remember that nothing will happen to me today that you and I can’t handle together.” He attended school in Turrell and was known as the “Turrell Terror” on the baseball field. Holt would walk to and from work after school and his uncle helped him buy a 1956 Allstate Motor Scooter one day when they decided it wasn’t safe for Holt to be walking the highway. He still owns the scooter and plans to refurbish it one day. He graduated valedictorian of his class at Turrell High School and
Pictured are Melton (from left), Myles, Heather, Amy and Bert on vacation in Florida. 38
was encouraged by his teachers to go to college. He didn’t have the money to attend full time, so he worked for one semester and then would go to class the next. He continued this cadence until he graduated with a bachelor’s of science degree in accounting from Arkansas State University in 1967. After graduating, Holt worked as an accountant in Memphis before he decided to embark on his career as an elected official and ran for Crittenden County Tax Collector in 1972. Holt was the third candidate to throw his hat into that race. He emerged victorious after a runoff and would serve Crittenden County for the next 26 years as its collector without any opposition. “When I took office, I started asking several questions,” Holt said. “’Why do we do this?’ I would ask and the answer would be ‘because we’ve always done it that way.’” Besides bringing his accounting expertise to the collector’s office and making some changes, Holt would identify a need for collectors across the state to create an association during his first term. He said he recognized the need for collectors to talk about common issues and help each other find best practices. “Courtney Langston, a former collector/sheriff, helped me pull some people together,” Holt said. “We used language and bylaws from other associations to draft ours.” Holt said the state legislature had to approve the creation of such an association and it was voted down the first time. After some lobbying by Holt, the measure came back up and was approved. The Arkansas County Tax Collectors Association is one of the Association of Arkansas Counties member associations and is vibrant and strong today. Continued to page 40
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I must have a strong inward understanding of what I can do or I’m just too bull headed to know any better. — Melton Holt
Melton Holt on his 1956 Allstate Motor Scooter.
Tragedy to Triumph Melton’s outside appearance to those visiting him in the hospital, at first, gave no clue to how much trauma and injury was hiding beneath the skin. His family and friends could not grasp just what kind of battle lay ahead, either. The doctor at the Med in Memphis told the family he didn’t know if Melton would make it and that he would probably never leave the hospital. Apparently, the doctor had never met Melton Holt or his family. However the family said a trauma resident was always supportive and told them that there was “still hope.” Melton said he feels like he has beaten the odds, but the credit goes to the Lord, the power of prayer and his family and friends. “When you’ve got every church in the county praying for you … the good graces of the Lord and our Savior and the prayers that have been lifted throughout this county and state … I’ve gone as far as I have because of the fact I have a driving force inside of me that makes me want to do something and I have been blessed to have a good wife and two children that make me proud … And I have a 3-year-old grandson now who I would like to live long enough to enjoy and be a part of his life.” Martha explained how the process of Melton’s recovery really was a story of “taking one step forward and two steps back.” The journey would take the Holts to three hospitals, a nursing home and a rehabilitation facility with a plethora of complications, infections, internal bleeding and reconstructive surgeries. “I often wondered how people made it through crisis when it occurred in their lives. I learned through this experience that one’s faith in God, the power of prayer, and the support from friends and family are all things that help pull you through such a devastating ordeal,” Heather Holt wrote in an e-mail. “We have always had a close-knit family and I, along with some of his doctors, believe that this kind of love and support are part of the reason that my dad is with us today. Another obvious reason is his will to live.” The roller coaster ride of what the Holts say seemed like minute-tominute diagnosis is best explained in Heather’s posts on www.caring bridge.org, a website that hosts threads on various people battling various situations. Melton’s story has had more than 29,000 hits. The tumultuous and many times despairing situation did allow for Melton to see what many people don’t have the chance to experience according, to one post by a family friend on Caring Bridge. “In a way, Melton has been blessed. How many of us will ever have the opportunity to know how much we are thought of and loved while we are still here? It is often too late to tell someone how much we care for them, respect them and admire them, but Melton has found that out these past COUNTY LINES, SUMMER 2012
n What time do you get up most mornings? 6:30 a.m. n What was the last film you saw at the cinema? Titanic n What is your favorite TV show? Two and Half Men & House n What is your favorite cuisine? Country home cooking n Favorite dessert? Chocolate pie n What kind of vehicle do you drive? Ford van n Favorite sport to watch? Baseball n Are you a morning person or night? Night n What did you want to be when you were little? Cowboy n What is your best childhood memory? Riding 1956 Allstate Motor Scooter n Do you have any pets? Yes, one dog, a Pomeranian n Which store would you choose to max out your credit card? Car dealership n What was your favorite vacation? Spring breaks to Florida when the kids were still in school Continued From Page 37
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few weeks.” Excerpts rf om Melton Melton returned home May 24 Holt’s Caring Bridge and has thrived in his continued posts — page 1 4 healing ever since. Heather’s dog, Cocoa, who Melton and Martha inherited several years ago, nearly licked Melton’s face off when he came home for the first time. Martha said just the other day Myles, their 3-year-old grandson, got up in the bed with “Papa” and shared his lunch with him. “What better medicine in the world is there than that?” Martha said emphatically. Everyone in the has family welcomed some sense of normalcy in their lives since Melton has come home. He continues a weekly therapy schedule and his brother Pete helps him get out and serves as his driver. Melton deals with discomfort, especially from sitting too long, as just one side effect to his trauma and several surgeries. He had two major metal rods placed in his back for support as well. His therapy will continue but it’s unsure about what his everyday pain level will be. Melton was selected as the Marion Chamber of Commerce Citizen of the Year while he was recovering, so Heather accepted the award on his behalf. “He will tell you that you look at your life with a different perspective after something like this happens to you,” she said to the audience. “It is truly a miracle that my dad is with us today. Our entire family wants to thank all of the many people that have prayed, offered their support in any way … Along with most of you, we are ready for Dad, otherwise known as Papa, the Judge and last but not least, Elvis, to come home.” Martha said the same doctor that said he would never leave the hospital later on in the recovery also said, “He’ll probably never walk again, but with this man, I’ll never say never again.” Defying the experts once again, Melton walked with his walker before he came back to preside over the July quorum court meeting. During his recovery Melton decided not to seek re-election, and for now, adjusts his focus on finishing what he started more than a year ago. “In the short term, I want to continue to rehabilitate myself and get my strength back and be able to be as independent as I can and not have to depend on my wife and kids to take care of me,” he said. As he looks back at the rehab he experienced and forward to continued therapy, he said he would tell others who also have a long road ahead, “I would encourage them to pray about it. Always remember that God is the all powerful. And once in your rehab, take it seriously.” 39
Crittenden County Health Department.
Holt, the “Turrell Terror” on the baseball diamond, poses with a couple of fellow teammates.
A Good Man “It can be one of the most fulfilling jobs that you can do. If you do a good job of being a public servant, you can really feel good about yourself when you help people who are in need,” Holt said about public service in general. “When you can get things done for people who need help, they really appreciate it.” On Jan. 3, 1969, he married Martha and they bought the home they still live in today. Working hard and helping others was certainly present in this time of Holt’s career as he also owned Holt’s Exxon gas station and a bookkeeping business on the side. He decided to retire and move to Greer’s Ferry Lake, however, his departure was brief and he returned to run for Crittenden County Judge in 2000. He took office in 2001. “The county judge has a lot of areas where you can help someone,” Holt said. “It’s nice to be able to sit down and listen to someone’s problems and not just tell them how it’s going to be. Unhappy residents would come in to see me and before they would leave they would be happy or at least in a better mood than when they came in.” Holt said the county judge might not be able to fix everything, but he could usually point people in the right direction and would always listen. “No one ever thought of Melton as a politician,” Martha Holt said. “He is the guy you go to to get something done because he will listen and do what’s right.” Holt said some of his goals as judge has been to maintain a good budget, protect aging county structures and resources and to save taxpayers money when he could. “We’re in good shape financially and have paid for things as we went. Our courthouse was built in 1911 40
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and needs attention from time to time,” Holt said. “We pay as we go and have made improvements to all buildings.” Just in the past year, Crittenden County moved the assessor and collector offices into a building it purchased. Holt said residents frequent those two offices the most and the new location is more traffic friendly. The move also allowed to make room for more court-related functions to be housed in the courthouse. The county was paying rent for some court office space that it is responsible to provide and for some storage space for election machines. Holt also cited an energy grant the county obtained that helped replace lighting fixtures with energy saving light bulbs and allowed the installation of energy efficient roofing. Holt has been active with the County Judges Association of Arkansas (CJAA) while he has been county judge and has served on its executive committee. “A lot of good men and women are involved with that association. I found a lot of knowledge in the association from all 75 counties,” Holt said. “I made a lot of good relationships with the judges.” The Holts have two children — Heather and Bert. Bert married Amy in 2007 and had the Holt’s first grandchild, Myles Emerson Holt, in April 2009. When asked about his long-term goals he said, “I’ve been blessed over the years and don’t have to work if I don’t want to, but I’m not ruling anything out or shutting any doors, but I’m not looking right now.” Martha quickly added, “But I know once he gets mobile, sitting and looking at these four walls won’t make him a happy camper. He’s a people person and he will have to get out and probably help someone get something done.”
The Crittenden County Courthouse, built in 1911.
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Caring Bridges Melton Holt On the web
www.caringbridge.org Search “MeltonHolt” for all posts on Melton’s timeline. The page has more 29,000 hits registered. July 28, 2011 2:26 p.m. Dad was still holding his own at our 9:00 am and 1:00 visits. His lung doesn’t sound great when they listen to it so they keep checking his blood levels to see if he can continue on his own. We’re hoping so! He does have a bacterial infection and they are trying to find the source of it. … He is trying to talk to us some but it is hard to understand right now. We love being able to hear his voice even if it is just a little bit!! I can’t thank all of you enough for the continued prayers!
Holt poses on his Harley Davidson.
Aug. 25, 2011 8:21 p.m. Dad’s morning started out a little rough, but he ended up having another pretty good day. He got sick several times this morning … The X-ray showed what appeared to be an air bubble in his stomach. … It’s amazing how great he looks considering everything he has been through! He was sitting in his chair at the 1:00 visit and was tolerating it well. He had a couple of visitors and was in good spirits while they were there. He smiled and used a lot of facial expressions. He was still doing good at 5:00 and hoping for a good report at 9:00. Jan. 25, 2012 9:35 p.m. Dad has had kind of a busy week so far. He started having some gastrointestinal bleeding on Sunday. … We don’t know the results of this test yet. He is stable but they moved him to ICU to keep a closer eye on him until they know more about where the bleeding is coming from. He has received a couple of units of blood since Sunday. They are also doing another scan to check for infection. We don’t know the results of this either. I will keep you posted as we know more. Thank you for all of your kind words and prayers. They mean so much to us. Feb. 2, 2012 We truly feel like we are witnessing a miracle. My dad is finally making a comeback. For so long, I felt like there was not a light at the end of the tunnel. I definitely think there is one now. Something has just clicked this last week. He’s feeding himself and eating all of his meals. ... We are so happy. Prayer is powerful! May 25, 2012 6:31 a.m. We made it! We got dad home around 2:30 yesterday. We took him by the courthouse first to let some of his co-workers greet him out in the parking lot and then we made our way to the house. Our little dog, Cocoa, was so happy to see him. She hugged and licked all over him. We had several people help us get the house ready for his homecoming and we are so thankful. Thank you to our family and friends that brought food to the house yesterday too. It was an exciting day and we appreciate everyone helping to make it special.
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Eddie Jones, county consultant
Right: The Arkansas County Treasurer’s Association4 1 - 2 1board 02 and legislative committee members. Pictured are (front row, from left) Deanna Ratcliffe, secretary; Carolyn Morrisett, treasurer; Judy Beth Hutcherson, president; and Becky Gattas, vice-president. Also pictured are (back row, from left) AAC legislative committee members Tim Stuckey, Beverly Pyle, Roger Haney, Debra Buckner, Judy Burnett and Jim Arnold, past president. Janet Hibbetts, White County Treasurer, explains the board elections for the 2012-14 term.
Right: Karen Ricketts, daughter of Laura Ricketts, Franklin County Deputy Treasurer, thanks the treasurer’s association for their support in her education. Ricketts received the Randy Kemp Memorial Scholarship and will benefit from $1,500 in scholarship funds. Jeff SIkes, AAC legislative director talks about the legislative process.
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Treasurers bring 9-hour workshop to Carroll Co. for continuing education
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he Arkansas County Treasurer’s Association hosted a nine-hour continuing education workshop in Eureka Springs in late June. Attendees enjoyed various speakers and held elections for its 2012-14 board members, Continuing Education Board and AAC Legislative Committee members. “I appreciate the support of my fellow treasurers and am happy to continue to serve,” Judy Beth Hutcherson said about being re-elected as the president of Arkansas County Treasurer’s Association. “We have a strong organization with good officers and members who communicate well together to solve mutual issues. They are always eager to help each other and share a commitment to the taxpayers.” Jeff Sikes, AAC legislative director, presented a mountain of information concerning the AAC legislative process and timeline as he focused his material on the 89th Arkansas General Assembly, to convene in January. Keith Pettit and Joe Stacey with the Division of Legislative Audit presented information ranging from the county financial management manual to Legislative Audit in general. Hutcherson acknowledged two scholarship recipients during the meeting as well. Karen Ricketts, daughter of Franklin County Deputy Treasurer Laura Ricketts, received the Randy Kemp Memorial Scholarship. Ricketts attends Arkansas Tech University, where she is pursuing a degree in broadcast journalism. She is the first recipient of the Randy Kemp Memorial Scholarship. Camille Nicole Hart, daughter of Clark County Deputy Treasurer Gloria Hart, received the annual treasurer’s association scholarship. The Arkansas County Treasurer’s Association also held its 2012-14 elections during the workshop. Treasurers elected their board, continuing education board, legislative committee members and the association’s AAC board member representative. Roger Haney was re-elected to serve as the Arkansas County Treasurer’s Association’s AAC Board of Directors representative. COUNTY LINES, SUMMER 2012
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Above: Joe Stacey, Arkansas Division of Legislative Joint Audit field audit supervisor, answers questions about state audit protocols. Right: Deanna Ratcliffe, Benton County Treasurer, passes out meeting minutes and financial reports during the business meeting June 22. Arkansas County Treasurer’s Association 2012-14 board members n Judy Beth Hutcherson, president, Clark County n Becky Gattas, vice president, Phillips County n Carolyn Morrisett, treasurer, Clay County n Deanna Ratcliffe, secretary, Benton County n Jim Arnold, immediate past president, Searcy County AAC 2012-14 Treasurer’s Association Legislative Committee members n Tim Stuckey, Grant County
Keith Pettit with the Arkansas Division of Legislative Joint Audit discusses codes in the county financial management manual as it pertains to the functions of the county treasurer in each county. COUNTY LINES, SUMMER 2012
n Beverly Pyle, Crawford County n Roger Haney, Washington County n Debra Buckner, Pulaski County n Judy Burnett, Prairie County Continuing Education Board n Judith Miller, Sebastion County n Judy Beth Hutcherson, Clark County n Jan Moore, Perry County n Marlene Hite, Woodruff County n Brandi Gillespie Rolan, Yell Co.
ArkansasCountyTreasurer’sAssociationContinuingEducationBoar (from left) Judy Beth Hutcherson, Clark Co.; Judith Miller, Sebastian Co.; Jan Moore, Perry Co.; Brandy Gillespie Rolan, Yell Co; and Marlene Hite, Woodruff Co. 43
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It’s a lot of work being retired. My wife and I are building a house, taking care of our property, and my son and I are doing a lot of things that we wouldn’t be able to normally. I’m really enjoying doing all those things. — Danny Ormand
Former ACIC director, sheriff reflects as he steps into retirement
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By Scott Perkins County Lines Editor
country boy whose parents taught him to always help others, started his journey in a small town called Stamps, Ark. After a career in public service where he excelled at helping people, his journey has brought him right back home. Danny Ormand, who retired as director of the Arkansas Crime Information Center (ACIC) earlier this year, started his career in the Lafayette County Road Department, but before he would retire, he would serve his county, community and his state in several positions. “I was interested in anything with a siren on it,” Ormand recalled about the beginning of his career with a down-home smile. “I’ve always been around public service. You’ll never get rich, but you can get fulfilled.” His mother served as Lafayette County Treasurer for many years and his dad was a postman in Stamps. “My parents really stressed that ‘you need to do your best to help someone. You need to be helping someone do something,’” he recalled. Ormand took the reins of the ACIC in January 2009 and his impact on the association and the statewide law enforcement community endures today. During his tenure, ACIC created and launched the CENSOR project which automated an entire electronic system of sex offender registration and verification. CENSOR is installed at every law enforcement agency in Arkansas and it greatly reduced the paper trail and cumbersome workload for maintaining sex offender data. Ormand also spearheaded changes to the database concerning information available to local law enforcement agencies about sex offenders. Those changes and the CENSOR system simplified the process of registering sex offenders and verifying their addresses. “All the credit goes to the staff of the ACIC,” Ormand said. “We wanted it more automated because the workload was just too much. We were able to build this system from scratch with a federal grant of less than $300,000. It’s a valuable tool.” ACIC embarked on the sex-offender program in 2009 and saw it come to fruition two years later. Ormand says he is proud of many of his ACIC accomplishments but the sex offender program stands tall in his mind. “Law enforcement always had difficulty keeping up with sex offenders,” Ormand said. “It was all paper being shuffled between local law enforcement, Department of Corrections and ACIC.” 44
n Danny Ormand n Born in Lafayette County n 1985: Hired as deputy sheriff in Lafayette County n 1988-2002: Became the Area 4 coordinator for the Arkansas Office of Emergency Services. n 2002-2007: Lafayette Co. Sheriff. n 2007: Accepted the position of deputy director of Arkansas Department of Emergency Services n 2008: Arkansas Crime Information Board hired him to be director of the agency n 2012: retired from ACIC. Information Network of Arkansas (INA) assisted the ACIC on getting the sex offender site up and running. “INA was a huge asset in getting it online for a cost we could afford,” Ormand said. One of ACIC’s overall goals under Ormand’s leadership was to “help the locals.” “Law enforcement agencies always have funding issues and lack of staff, and our goal was to help them as much as possible,” Ormand said. Some of Ormand’s other ACIC accomplishments include publicly promoting the Victim Information and Notification Everyday (VINE) system, and he developed and implemented the ACIC mobile classroom that allows for training to be provided throughout the state. He also completed several building and organizational improvements and a new inventory system to more effectively track ACIC equipment that is located across the state. The path to sheriff He began his experience in the Lafayette County Sheriff’s office as a dispatcher and jailer, and in 1985, he became a deputy sheriff. He soon graduated from the Arkansas Law Enforcement Training Academy and his duties included patrol, civil service and jail administrator. In 1988, he joined the Arkansas Office of Emergency Management, now the Arkansas Department of Emergency Management, as the Area 4 coordinator. “In emergency management, you see a lot of opportunities to help people, “Ormand said of his 14 years in that position. “Some of these Continued Page 47
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AAC Chief Legal Counsel Mark Whitmore explains the details of proposed legislation concerning tax collections across Arkansas. Rita Chandler, Pope County Tax Collector and president of the Arkansas County Tax Collectors Association, takes notes on the issue for the ensuing business meeting.
Sarah Bradshaw, an attorney with the Public Service Commission’s tax division, discusses the utility appeal process and delinquent utility issues.
Collectors conduct business in Boone Co.
Amber Styles-Emberson with the Department of Information Systems presents information on cyber security and digital information trends and pitfalls. She told the tax collectors that her organization helps block more than 800,000 spam e-mails every month on the state network.
The Arkansas County Tax Collectors Association hosted a six-hour continuing education summer meeting June 14-15 in Harrison. Tax collectors and staffers enjoyed presentations ranging from delinquent tax issues concerning utility companies to overall cyber security. “We’re all friends and we’re ready to learn and to share and ready to have a good time,” Rita Chandler, Arkansas County Tax Collector president said, as she opened and set the tone for the meeting. Sarah Bradshaw, an attorney with the Public Service Commission’s tax division, explained how what her office does is very different from local tax assessment. She said the commission does “unit evaluation.” “We assess the whole instead of the individual pieces,” Bradshaw said. “We also assess tangible and intangible, goodwill, franchise rights and customer listings. It’s more than just fiscal assets.” Amber Styles-Emberson with the Department of Information Systems described cyber security’s recent trends. “Prepare for the worst, expect the worst and hope we never have to use this insurance policy [system backup],” StylesEmberson said. “Make sure that you are actually backing up your files.” She also stressed the importance of being careful and cautious online. Left: Pictured is the Boone County Courthouse on Flag Day, which was June 14. County officials decorated the courthouse lawn with hundreds of American Flags in honor of our nation’s symbol. Tommy Creamer, Boone County Treasurer, welcomes tax collectors to Boone County and encouraged all of them to go see the flag display at the courthouse.
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Sheriffs mingle with various vendors during a break in the meeting schedule.
Ronnie Baldwin, Arkansas Sheriffs’ Association (ASA) director, presents Chuck Lange, his predecessor, with numerous awards and articles of thanks for his 24 years of service to the ASA.
Sheriffs converge on Harrison The Arkansas Sheriffs’ Association met in Harrison on June 2729 for its summer convention and gave the reins of the organization to a different president. Larry Sanders, Garland County Sheriff, was named the new president, succeeding Washington County Sheriff Tim Helder. The sheriffs conducted association business, executive sessions and heard from various speakers and state agencies. Attorney General Dustin McDaniel was the keynote speaker for the opening luncheon, while former University of Arkansas head football coach Ken Hatfield also spoke at the next day’s breakfast. Sheriffs were also welcomed by Danny Hickman, Boone County Sheriff. He thanked them for their service to the ASA and for visiting Boone County.
Larry Sanders, Garland Fran Flener, state drug County Sheriff and ASA director, talks about the president, addresses the drug takeback programs. sheriffs, guests and vendors during the luncheon at the L.E. “Gene” Durand Conference Center in Harrison.
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Former Razorback head coach KenHatfield talks with the crowd.
John Thurston, Commissioner of State Lands, briefly updates sheriffs about his office.
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Jay Winters, Arkansas Crime Information Center (ACIC) director, introduces regional members of his staff during ASA business meeting. Above: Pictured are (from left) Larry Sanders, ASA president; Ronnie Baldwin, ASA director; and Tim Helder, immediate past president. Right: During the concluding luncheon, the head table applauds the efforts of the Arkansas Sheriff’s Wives Association and its recent presentation of its 2012 scholarship recipients.
Ormand steps into retirement people have lost everything when you meet them in that role. You might not have everything they need, but emergency management is the middleman, so to speak, and makes necessary connections for these disaster victims. You could often connect them with who they need and honestly tell them, ‘we can help you recover.’ I think that keeps people going and it is very fulfilling to help them.” Public service at an even more prominent level would soon beckon Ormand to seek and win the Lafayette County Sheriff’s seat. “You see the best and worst of people,” Ormand commented about being sheriff. “You see all these personal issues in families and it teaches you a lot about life. You might be the sheriff, but you are still a man in the community.” Ormand recalled the most difficult event while he was sheriff with clarity, like it had just occurred. “Losing Stacey McMurrough, one of my deputies…” Ormand uttered. “Life is extremely too short and events like Stacey’s accident can change how you think in life. There are long-term effects you have to deal with like helping and assisting the family and community. Our community completely shut down after his accident.” McMurrough, 32, died in an automobile accident on State Highway 29 on Feb. 10, 2006, while responding to help back up another deputy who was on a domestic disturbance call. “Experiencing that makes you understand what’s really important,” Ormand said. “My fellow sheriffs really helped me through things like that.” Ormand served two, two-year terms as sheriff, but then decided to not seek re-election. While he was sheriff, Ormand retired from the Stamps Volunteer Fire COUNTY LINES, SUMMER 2012
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Department after 20 years of service. He served as the department’s chief for two of those years. “When you are sheriff or a county elected official,” Ormand said. “the buck stops at your desk. I think it is amazing just how much responsibility can be put on a county official. Most folks don’t realize what all county officials have to deal with.” He explained how his experiences on the county level with various kinds of people prepared him for the ACIC director’s role. “If I have made a difference in one person’s life then it was worth it,” Ormand said. “But you do hope you have made a difference in many people’s lives.” Ormand was selected as the first and only honorary member of the Arkansas Sheriff’s Association Honor Guard. He has also volunteered his time to work for Concerns Of Police Survivors (COPS), which is an organization that assists the surviving families of police officers who were killed in the line of duty. “People have been good to me my whole life. People have taken an interest in me and helped me along the way” Ormand said. “We’re fortunate. I always had the support of the governor and he was very good to me and to our organization. He was always supportive.” Ormand has been married to his wife, Danita, for almost 18 years and they have a 15-year-old son. When he retired Jan. 31, the Ormands moved back to his hometown of Stamps. On the web www.acic.org 47
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About
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80 percent of
all traffic accidents are caused by
driver inattention. — — Sue Lewis
Alvin Black, Montgomery County Judge, talks with Lynn Hart, Saline County safety coordinator after the 2012 AAC Safety Conference in May.
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Safety is ke
By Scott Perkins County Lines Editor
afety is as safety does. About 80 county officials and employees who attended the 2012 Association of Arkansas Counties Safety Conference in May at the AAC experienced a broad base of safety education to take back with them to their respective counties. “We enjoyed a good turnout and the presentations were all very informative and even entertaining,” said Barry Burkett, AAC loss control specialist. “Some of the material was designed to grab your attention and make you think about safety. Any time we can bring safety into the top of the conversation, then that is a good thing.” Participants heard from four different presenters who talked on subjects ranging from distracted driving to hazard recognition and communication. “I thought the subjects discussed were timely and provided an umbrella of good safety information for our attendees,” said Debbie Norman, AAC Risk Management Services manager. “Workers and employees benefit when we take the time to recognize what being safe is all about.” Sue Lewis, a representative from Thompson Defensive Driving, shared an attention-grabbing multi-media presentation where numerous vehicle accidents were shown or reenacted. The silence in the room was proof of the video’s impact on the audience. Lewis said 80 percent of all traffic accidents are caused by driver inattention, which means most accidents could be avoided. Leading distractions while driving include cell phone use, passengers, eating and drinking and even personal grooming. Lewis made sure everyone was aware of Paul’s Law, which made it illegal in the state of Arkansas for drivers to text and drive. Paul’s Law was named after Paul Davidson, a Craighead County businessman, who was killed when a texting driver struck his vehicle on State Highway 1 in 2008. Hilary, Paul’s daughter, drafted the law. 48
It is also illegal for drivers under the age of 18 to use a cell phone for anything while driving in the state. Terry Bryant with Environmental Associates, Inc. focused his message on hazard recognition in the workplace. He satirically said we’re all “‘Dennis the Menace’ It is in our nature.” The audience chuckled as he explained how humans have a tendency for hazard-friendly behavior. “Hazards are around us,” he said as he flipped through several photos on the screen. “The trick is catch them before they turn into accidents.” He showed images of poor electrical connections, frenzied forklifts, chemical and water spills and people hanging on ladders in precarious positions. “When you say, ‘If this doesn’t work, we’ll try something else,’ that’s when you need to stop and think about what the results could be if whatever you are doing doesn’t work,” Bryant said. “What you need to do when you see these situations in your workplace is to think about what you can do about it. Don’t leave something that could be a hazard.” Bryant said tunnel vision on the task at hand and being in a hurry are two of the main states of mind that allow distractions to become hazardous. Andy Kelloms, Dassault Falcon Jet safety director, transitioned the message to more of a detailed presentation on hazard recognition and the global harmonization of HAZMAT communications. Kelloms distributed an Occupational Safety and Health Administrations (OSHA) fact sheet titled “Hazard Communication Standard Final Rule” which can be accessed at www.osha.gov. He also referenced the AAC Safety Manual, which was also distributed to the conference-goers. COUNTY LINES, SUMMER 2012
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policies and key.
Having good following those policies is
— Jason Owens
Andy Kelloms, Dassault Falcon Jet safety director, presents information on hazard recognition and the global harmonization of HAZMAT communications.
ey at AAC Hazards are all around us.
The trick is to catch them before they turn into
accidents. — Terry Bryant
Above: Attendees enjoy a BBQ lunch at the AAC. Left: Terry Bryant with Environmental Associates, Inc. looks for a volunteer and talks about identifying potential hazards in the workplace. “If you teach section 12 in your HAZMAT communication program in the [AAC Safety Manual] then that is the best guidance tool,” Kelloms said. “Take advantage of that in your workplace. Section 12 is certainly a tool to use.” Compliance to the new Hazard Communication Standard includes a written program, new labels, safety data sheets and information and training. These new changes to the standard will bring the United States in alignment with the Globally Harmonized System of Classification and Labeling of Chemicals. Kelloms explained how manufacturers would be required to provide new labeling on chemicals and products by Dec. 1, 2015. But he used a can of Coke and Styrofoam cup to prove the importance of labeling secondary containers in the workplace. “I know this is Coke in this cup because I poured it,” Kelloms said as he COUNTY LINES, SUMMER 2012
Jason Owens, an attorney with Rainwater Holt and Sexton, outlines case law concerning emergency response. Charles O’Haver (front), Searcy County safety committee member, and Sonny Cox, Arkansas County Judge look on. poured the cup about half-full, trying not to produce too much fizz. “But if I do that and walk away or if someone else walks up on this container, then how do they know what chemical is in it?” Kelloms asked the crowd how they label secondary containers. “We write on it,” someone uttered from the side of the room. Kelloms agreed that was great first step and most likely works well, but that the new labeling criteria and classification would include a protocol for secondary containers to also be properly labeled. The new classifications include pictograms for the nine hazards: health hazard, flame, exclamation mark, gas cylinder, corrosion, exploding bomb, flame over circle, environment and skull and crossbones. Jason Owens, an attorney with Rainwater, Holt and Sexton, took the conversation from hazardous materials to the legalities of emergency response driving. He cited Terrell v. Larson 2005, and pointed out some key components for emergency response situations. “An emergency is a situation needing law enforcement officers as rapidly as they can arrive, even if that entails the risks inherent in high-speed driving,” Owens quoted. He said in Arkansas, emergency vehicles must have both lights and sirens and, when responding to an emergency, an emergency vehicle must have both lights and sirens engaged. Under federal law, an emergency exists “if the deputies subjectively believe they were responding to a true emergency.” According to A.C.A. 27-51-204, “emergency drivers are not protected from the consequence of reckless disregard of the safety of others.” The Arkansas Model Jury Instructions define “reckless disregard” as: “continuing such conduct that one knew or ought to have known, in the light of the surrounding circumstances, would naturally and probably result in injury or damages.” “Having good policies and following those policies is key,” Owens repeated a couple of times as his main message. 49
economic downturn, we are going to have to remember the counties. The counties have been strapped every bit as much, if not more, than the state and federal government. As we come out of this
— Attorney General Dustin McDaniel
Shelby Johnson, Geographic Information Coordinator for the Arkansas Geographic Information Office, describes AGI’s new smartphone application.
Arkansas county judges collaborate in Eureka for annual spring meeting
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By Scott Perkins County Lines Editor
he County Judges Association of Arkansas (CJAA) conducted its annual spring meeting from June 6-8 in Carroll County at the Best Western Inn of the Ozarks. Judges and other county employees who participated in the conference listened to various presentations from state officials and agencies, browsed a healthy vendor area and conducted official CJAA business. Dustin McDaniel, Attorney General of Arkansas, was the keynote speaker during Thursday’s luncheon. He stressed working as a team and the overall importance of county government in Arkansas’ past and future. “You get a lot of blame, but you don’t get near enough credit,” McDaniel said about county judges and county governments. “Our businesses are working, our people are getting back to work. Arkansas has increased its employment rate nine months straight and every single person in this room has played a role in it,” McDaniel said. “As we come out of this economic downturn, we are going to have to remember the counties. The counties have been strapped every bit as much if not more than the state and the federal government.” The audience gave a resounding applause in response to McDaniel’s comments. “You’ve got bridges that are in dire need of repair. You’ve got miles and miles and miles of roads that need to be restored and there’s simply not
Laura Connerly, assistant professor at the U of A Extension Service, talks about health and wealth.
David Hudson, Sebastian County Judge, introduces Lt. Gov. Mark Darr.
enough money to go around.” McDaniel even mentioned the collective burden that counties endure because of state mandates with no requisite funding sources. He said county government is “where the rubber meets the road.” “It doesn’t matter which part of Arkansas you are from, you know it has been hard. Some folks have been blessed with a little more economic activity here or there … but we all have had serious, serious challenges,” McDaniel explained. “But I know that Arkansas is better off than most states in the union, as do you, because you hear it over and over again,
Background art work: Onyx Caves in Eureka Springs.
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Benton County Judge Bob Clinard takes the floor during a CJAA legislative committee meeting.
Charles Gangluff, program manager for the Arkansas Association of Resource Conservation, talks about a new SAFER Grant.
Preston Scroggin, CJAA president and Faulkner County Judge, conducts a CJAA business meeting.
Lt. Gov. Mark Darr tells judges that he has a commitment to transparency in state government.
Becky Comet, AAC member benefits manager, hands Yell County Judge Mark Thone a door prize.
that we remain one of only four states in the country that has paid our bills, balanced our budgets, every single time.” McDaniel compared Arkansas’ situation to other states and said, “I’m proud of the reports in Arkansas, but … the system we have now is simply not sufficient and is not sustainable forever. We have to get in the weeds together and figure out how we are going to do better going forward. There’s nobody better than you [county government] to be our partners in working that out and I look forward to working with you on it.” Shelby Johnson, Geographic Information Coordinator for the Arkansas Geographic Information Office, showed off one of his office’s newest accomplishments which put the power of GIS mapping in the palm of a user’s hand via smartphones. “We’re good at what we do because of you,” Johnson said. “We try to create it once and share it a bunch.” Johnson explained how communicating with county judges and staffers helps his office create needed databases and applications. Johnson shared the new technology on the presentation screen before conducting a smartphone field exercise outside. He showed how address points, roads, tax parcels and even low water crossings have been included in the mobile platform. Jon Swanson, MEMS executive director, provided an update about MEMS operations and the Arkansas Trauma Call Center in the state of Arkansas. He said hospital classificaContinued Page 57
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Background art work: The bridge on the Beecham Trail in Leatherwood State Park near Eureka Springs.
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L e g i s l at i v e C o m m e n t a r y
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dis ’ro tce
A ballot item to watch: Issue No. 1
Taek
ot that any of you need to be reminded, but the This amendment will provide counvoters of Arkansas return to the polls in Novem- ties with more than $350 million in ber to make choices across our state that will new turnback revenue, Issue No. 1 impact us all. Each county has races in federal will finance a $1.3 billion bond issue or state offices; some have county races and a few will face the with a temporary, 10-year ½ cent sales Chris Villines wet/dry issue. tax, without raising taxes on groceries, AAC While the state constitutional offices may be in their mid-term medicine or gasoline. The bond issue Executive Director and not subject to review, there are, as is usually the case, some will fund the further construction of referred constitutional amendments or petition-driven measurers the four-lane highway system in Arkansas thus helping connect that will find their way to the ballots. all parts of the state. When the bonds are retired in 10 years, the Most of the petition-driven measures acts appear at this time temporary tax will be abolished. to have been kept from the ballot. The signature gathering proThe proponents of Issue No. 1 state the following: “It will cess for these petitions failed to support more than 40,000 jobs accumulate the needed numbers throughout Arkansas. It will imin order for them to move ahead. prove economic development by There is very little time for issues ssue No. 1 could have a proadding more four-lane highways such as the “Regnat Populus” ethdesigned to help attract new busiics drive or severance tax increase found effect on county road ness and industry, while making drive to garner the needed signait more economical for existing tures to be included in the Nobudgets, and as a result, both the business and industry in the state vember election. Other signature drives for casinos in Arkansas and County Judges Association of Arkan- to expand. In addition, with a new $1.3 billion, 10-year bond issue, medical marijuana have also not existing highway revenue can be passed petition muster. sas and the Association of Arkansas There are, however, two referred re-directed to the state’s secondconstitutional amendments that Counties Board of Directors have ary roads for maintenance and we will see on the ballot. Issue No. improvements, as the bond issue voted to endorse Issue No. 1. 2 deals with the creation of develrevenue takes care of construction opment districts in cities or councosts for four-lane expansion. ties that would allow bond issues More than $700 million in new and dedicated sales taxes used to state turnback will come from Isretire unfunded liabilities of closed local police and fire pension sue No. 1, providing $350 million to cities and $350 million to plans. Because these local plans are largely municipal, this issue counties, per our state’s traditional highway revenue allocation appears to impact municipalities more than it would counties. — 70 percent to the state; 15 percent to cities; and 15 percent However, Issue No. 1 could have a profound effect on county to counties. road budgets, and as a result, both the County Judges Association And counties can use the $350 million for transportation-reof Arkansas and the Association of Arkansas Counties Board of lated projects as they see fit.” Directors have voted to endorse Issue No. 1. If passed, it would The bond issue and the new county turnback revenue provided result in an injection of millions of dollars into each county’s road fund through a temporary ½ cent sales tax. This amend- by Issue No. 1 will all be funded for 10 years without raising ment is formally titled: “an amendment to provide additional taxes on groceries, medicine or gasoline. For more information on Issue No. 1 and on turnback revenue funding for state highways, county roads, city streets, bridges, by county, go to www.MoveArkansasForward.com. and other surface transportation.”
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! u o y k n Tha
The AAC staff greatly appreciates all of our members, participants,
vendors and sponsors who made the 44th annual AAC Conference a wonderful success. We enjoyed seeing all of you in Springdale. Look for photos and conference coverage in the fall edition of County Lines magazine. We look forward to continued partnership with all of you.
ASSOCIATION OF ARKANSAS COUNTIES
44TH ANNUAL
CO N F E R E N C E
Springdale, Arkansas
We offer county and municipal discounts!
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County News
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SevierCountyelectedofficials participate in the 31st annual Senior Day celebrated at the Sevier County Courthouse on May 25. Pictured (from left) are: Marcelle Shelton, Sevier County resident; Judy Smith, assessor; Risa Godwin Krantz, treasurer; and Patti Chaney, circuit clerk.
Senior Day in Sevier Co. registers 400-plus Courthouses across the state are oftentimes the gathering place for the communities they serve. Sevier County is no exception. More than 400 residents registered in downtown DeQueen at the Sevier County Senior Day on May 25 to celebrate healthier lifestyles and to enjoy many free medical screenings. “Senior Day was a big success,” said Greg Ray, Sevier County Judge. “We registered 414 seniors and served more than 600 meals. This is one of the big events in this area.” The event also featured 33 vendors that ranged from political organizations to medical entities. “This 31st year of Senior Day enjoyed monumental turnout and success,” said Ray, who became Sevier County Judge in 2010. Ray drew door prizes throughout the event. Million Hearts Campaign Senior Day also served as a county-wide kickoff to the Million Hearts Campaign, a national initiative that has set a goal to prevent 1 million heart attacks and strokes by 2017. Heart disease and stroke are the first and fourth leading causes of death in the United States. Heart disease is responsible for one of every three deaths in the country, according to the efforts’ website. The Million Hearts initiative will focus on cardiovascular disease prevention activities across the public and private sectors in an unprecedented effort to prevent 1 million heart attacks and strokes over five years. For more information or to take the Million Hearts pledge go to: www.millionhearts.hhs.gov 56
Sevier County Judge Greg Ray calls out door prize winners.
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County Judges collaborate
Shelley Lincoln, White County’s first lady, smiles as her husband Michael Lincoln, White County Judge, grabs some coffee before a morning CJAA business session. Lincoln also serves as the CJAA’s first vice president. tions and patient diagnosis and immediate needs go hand in hand. “We’ve got to get patients to the proper hospitals that have the resources and expertise to best serve those patients,” Swanson said. He also urged county judges to include MEMS in their county-wide or regional emergency drills. Lt. Gov. Mark Darr took the podium during the last luncheon of the conference and likened all the county judges to a “governor.” “You know one thing I learned when taking this office,” said Darr, who
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is Arkansas’ 15th Lt. Gov. “People don’t really know who their lieutenant governor is, but they know who their county judge is. You are the governor of your county and they know you, don’t they?” Darr, who was the youngest Republican elected to state office, told the judges that his main goal for running for office was to ensure transparency in state government. He touted a new Jon Swanson, MEMS executive di- transparency website aimed at sharing rector, discusses the Arkansas Trau- all state expenses in a open, online format. ma Call Center. Charles Gangluff, program manager for Arkansas Rural Conservation and Development Councils, explained a new SAFER grant from the Federal Emergency Management Agency that he successfully obtained in May of this year. The SAFER grant will benefit active rural volunteer firefighters in the case of a worker’s compensation claim until May 2016. The grant provides increases in income replacement, medical benefits and Death and Dismemberment. Rural fire departments were encouraged to contact Gangluff or the AAC to schedule an informational meeting. CJAA also held association business meetings and legislative committee meetings during the conference.
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$1,250,000 back in your general funds!
he Association of Arkansas Counties Workers’ Compensation Trust is proud to announce that for the 16th straight year dividends will be returned to all participating counties. The 2012 dividend is declared based on 2008 premiums paid and losses incurred, and it matches the 2011 dividend at $1.25 million. This brings the total dividends paid over the last 16 years to $22,694,331. The AAC Workers’ Compensation Trust Group Manager Chris Villines recommended the $1,250,000 dividend to the board of trustees at their June meeting. Checks were issued in July. “There are several reasons that we are able to continue returning such large sums to the counties,” Villines said. “Our staff is excellent and efficient and the counties of Arkansas work hard to minimize risks at home. I cannot compliment our Risk Services Manager Debbie Norman enough – she has an incredible responsibility and handles it wonderfully. The Workers’ Comp staff is equally adept. Debbie Lakey, Kim Nash, Freda Taylor, Barry Burkett and Denise Glenn do an excellent job. This dividend is something that has increased through the years, and we hope that continued hard work here in the office and in counties across the state will keep our premiums effectively low.” AAC Risk Manager Debbie Norman said, “From inception to today, this program has performed beyond expectations. It has always been our goal to reward counties with dividends, and this is the 16th straight year that successful management of the program and the commitment to safety in our counties has allowed it to occur.” The Association of Arkansas Counties, along with county officials from around the state, created the AAC Workers’ Compensation Trust in 1985 – a plan to pool resources and form a self-funded, county-owned trust to provide
Ad v e r t i s e r
premium Workers’ Compensation coverage at a savings to members. The AAC Workers’ Compensation Trust is fully regulated by the State of Arkansas Workers’ Compensation Commission. Current trustees are Chairman Mike Jacobs, Johnson County Judge; Roger Haney, Washington County Treasurer; Danny Hickman, Boone County Sheriff; Debra Buckner, Pulaski County Treasurer; and Jim Keasler, Lee County Judge. Here are the formulaic dividend amounts per county as approved by the AAC/WCT Board of Trustees: Arkansas County. . . . . . . . . . . . . . . . . . . . . $17,021 Ashley County. . . . . . . . . . . . . . . . . . . . . . . . $3,116 Baxter County. . . . . . . . . . . . . . . . . . . . . . . $10,550 Benton County. . . . . . . . . . . . . . . . . . . . . . . $69,445 Boone County. . . . . . . . . . . . . . . . . . . . . . . $18,509 Bradley County. . . . . . . . . . . . . . . . . . . . . . $10,001 Calhoun County. . . . . . . . . . . . . . . . . . . . . . . $7,626 Carroll County. . . . . . . . . . . . . . . . . . . . . . . $17,938 Chicot County. . . . . . . . . . . . . . . . . . . . . . . . $5,710 Clark County. . . . . . . . . . . . . . . . . . . . . . . . $21,936 Clay County. . . . . . . . . . . . . . . . . . . . . . . . . $12,924 Cleburne County. . . . . . . . . . . . . . . . . . . . . $17,353 Cleveland County . . . . . . . . . . . . . . . . . . . . . $5,652 Columbia County. . . . . . . . . . . . . . . . . . . . . $12,392 Conway County. . . . . . . . . . . . . . . . . . . . . . $11,710 Craighead County. . . . . . . . . . . . . . . . . . . . . . $500 Crawford County. . . . . . . . . . . . . . . . . . . . . . . $500 Crittenden County. . . . . . . . . . . . . . . . . . . . $16,875 Cross County. . . . . . . . . . . . . . . . . . . . . . . . $14,592 Dallas County . . . . . . . . . . . . . . . . . . . . . . . $11,397 Desha County. . . . . . . . . . . . . . . . . . . . . . . . $8,870 Drew County. . . . . . . . . . . . . . . . . . . . . . . . $13,862 Faulkner County . . . . . . . . . . . . . . . . . . . . . $42,968 Franklin County. . . . . . . . . . . . . . . . . . . . . . $13,898 Fulton County . . . . . . . . . . . . . . . . . . . . . . . . $8,704 Garland County. . . . . . . . . . . . . . . . . . . . . . $36,597 Grant County. . . . . . . . . . . . . . . . . . . . . . . . . $9,774 Greene County . . . . . . . . . . . . . . . . . . . . . . $13,118 Hempstead County. . . . . . . . . . . . . . . . . . . $17,018
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Hot Spring County. . . . . . . . . . . . . . . . . . . . $18,554 Howard County. . . . . . . . . . . . . . . . . . . . . . $12,155 Independence County. . . . . . . . . . . . . . . . . $19,953 Izard County . . . . . . . . . . . . . . . . . . . . . . . . . $9,542 Jefferson County. . . . . . . . . . . . . . . . . . . . . $38,508 Johnson County. . . . . . . . . . . . . . . . . . . . . . $11,399 Lafayette County. . . . . . . . . . . . . . . . . . . . . $10,265 Lawrence County. . . . . . . . . . . . . . . . . . . . . $14,031 Lee County . . . . . . . . . . . . . . . . . . . . . . . . . . $8,571 Lincoln County. . . . . . . . . . . . . . . . . . . . . . . . $8,274 Little River County. . . . . . . . . . . . . . . . . . . . $17,682 Logan County . . . . . . . . . . . . . . . . . . . . . . . $18,651 Lonoke County . . . . . . . . . . . . . . . . . . . . . . $20,219 Madison County. . . . . . . . . . . . . . . . . . . . . . . $4,450 Marion County. . . . . . . . . . . . . . . . . . . . . . . $10,508 Miller County. . . . . . . . . . . . . . . . . . . . . . . . $31,642 Mississippi County. . . . . . . . . . . . . . . . . . . . . $8,554 Monroe County. . . . . . . . . . . . . . . . . . . . . . . $6,634 Montgomery County . . . . . . . . . . . . . . . . . . $11,047 Nevada County. . . . . . . . . . . . . . . . . . . . . . . $8,548 Newton County. . . . . . . . . . . . . . . . . . . . . . . $9,742 Perry County. . . . . . . . . . . . . . . . . . . . . . . . . $8,850 Phillips County. . . . . . . . . . . . . . . . . . . . . . . $14,564 Pike County. . . . . . . . . . . . . . . . . . . . . . . . . $10,217 Poinsett County. . . . . . . . . . . . . . . . . . . . . . $11,274 Polk County. . . . . . . . . . . . . . . . . . . . . . . . . $12,889 Pope County. . . . . . . . . . . . . . . . . . . . . . . . $23,946 Prairie County. . . . . . . . . . . . . . . . . . . . . . . . $7,732 Pulaski County. . . . . . . . . . . . . . . . . . . . . . $120,950 Randolph County. . . . . . . . . . . . . . . . . . . . . $11,214 Saline County . . . . . . . . . . . . . . . . . . . . . . . $16,356 Scott County. . . . . . . . . . . . . . . . . . . . . . . . $11,775 Searcy County. . . . . . . . . . . . . . . . . . . . . . . . $7,423 Sebastian County . . . . . . . . . . . . . . . . . . . . $47,947 Sevier County. . . . . . . . . . . . . . . . . . . . . . . $12,516 Sharp County. . . . . . . . . . . . . . . . . . . . . . . . . $7,151 St. Francis County. . . . . . . . . . . . . . . . . . . . $12,219 Stone County. . . . . . . . . . . . . . . . . . . . . . . . $10,235 Union County. . . . . . . . . . . . . . . . . . . . . . . . $25,033 Van Buren County. . . . . . . . . . . . . . . . . . . . . . $500 Washington County. . . . . . . . . . . . . . . . . . . $63,041 White County. . . . . . . . . . . . . . . . . . . . . . . . $33,377 Woodruff County. . . . . . . . . . . . . . . . . . . . . . $7,384 Yell County . . . . . . . . . . . . . . . . . . . . . . . . . $12,390
AC Risk Management .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 AC oW rkers’ Compensation Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Back Cover a.c.t . Geospatial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Front Cover Apprentice Information Systems, Inc .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Arkansas Geographic Information Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Arkansas Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Crews and Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Ergon Asphalt & Paving .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Glover Trucking .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 . eK ep Arkansas Beautiful .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Nationwide Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Rainwater Holt & Sexton, PA .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Cover Tri-State Truck Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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This publication was made possible with the support of these advertising partners who have helped to underwrite the cost of County Lines. They deserve your consideration and patronage when making your purchasing decisions. For more information on how to partner with County Lines, please call Scott Perkins at (501) 372-7550.
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COUNTY LINES, SUMMER 2012
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Association of Arkansas Counties 1415 West 3rd St. Little Rock, AR 72201
PRSRT STD U.S. Postage
PAID
PERMIT No.
2797
