Issuu

County Lines SUMMER 2014

Cover story

After the Storm Page 30

AAC hosts open house retirement

County Judge tackles federal challenges

Legal Counsel

returns to AAC staff 24

COUNTY LINES, SUMMER 2014

In This Issue

summer 2014

Greer returns to AAC as member of legal staff.

Features AAC names 2014 scholarship recipients.................................................................22 911 Blue Ribbon Committee tours call centers......................................................28

Inside Look AAC Board profiles........................................................................................................39 Sheriffs hold meeting in Eureka Springs..................................................................41

Cooperation among cities, counties fuels storm recovery.

Collectors slay dragons in Conway............................................................................42 County Clerks discuss workplace violence...............................................................43 Treasurers elect officers, award scholarships.........................................................44

Miss Arkansas visits with judges...............................................................................45 Coroners study crime scene photography................................................................46 Assessors gather in Bentonville.................................................................................46 Circuit Clerks focus on overcoming challenges.......................................................47 AAC staff profiles..........................................................................................................51

Departments From the Director’s Desk............................................................................................... 7 President’s Perspective................................................................................................. 9 Montgomery County judge is advocate for rural counties.

Attorney General Opinions..........................................................................................11 Legal Corner...................................................................................................................12 From the Governor........................................................................................................13 County Law Update.......................................................................................................14 Savings Times 2............................................................................................................15 Research Corner...........................................................................................................16 Legislative Lines............................................................................................................19 Seems to Me..................................................................................................................20

Cover Notes: After the storm

ust past 7 p.m. on April 27, a weak tornado touched down in western Pulaski County. It quickly intensified, destroying homes, leaving behind debris and killing residents. It entered Faulkner County about 20 minutes later, and eventually moved into White County. Overall, the tornado remained on the ground for an hour and traveled along a 41.3-mile path. Sixteen people lost their lives, making the tornado the deadliest in Arkansas since 1968. Recovery efforts continue, but the damage wrought to both the people and the landscape will be evident for some time to come.

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( P hoto by Angie Davis)

“

While natural disasters capture headlines and national attention short term, the work of recovery and rebuilding is long term. — Sylvia Mathews

Burwell

” 5

Calendar

Events

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September 3-4 County Clerks

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October 22-23 County Treasurers Wyndham North Little Rock

Wyndham North Little Rock

September 24-26 County Judges Wyndham North Little Rock

September 30-October 3 County Assessors Doubletree Little Rock

November 4 General Election Statewide

December 4-5 County Collectors Comfort Suites Hot Springs

December 5 AAC New Officials Seminar

October 15-17 Circuit Clerks

Crown Plaza Little Rock

Holiday Inn Rogers

Calendar activities also are posted on our Web site:

www.arcounties.org

CONTACT AAC Association of Arkansas Counties 1415 West Third Street Little Rock, AR 72201

Brenda Emerson, ACE Program Coordinator bemerson@arcounties.org

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

Jonathan Greer, General Counsel jgreer@arcounties.org

Scott Perkins, Communications Director sperkins@arcounties.org

(501) 372-7550 phone (501) 372-0611 fax www.arcounties.org

Lindsey Bailey, Legal Counsel lbailey@arcounties.org

Cindy Posey, Accountant Chris Villines, Executive Director cvillines@arco cvillines @arcounties.org unties.org

Jeanne Hunt, Executive Assistant

jhunt@arcounties.org jhunt @arcounties.org

cposey@arcounties.org

Christy L. Smith, Communications Coordinator

csmith@arcounties.org

Whitney Barket Secretary / Receptionist wbarket@arcounties.org

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Mission Statement: The Association of Arkansas Counties

he Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district officials. The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office.

Risk Management / Workers’ Compensation Debbie Norman, Risk Management & Insurance Director, Risk Mgmt Services dnorman@aacrms.com Debbie Lakey, Workers’ Comp Claims Manager dlakey@aacrms.com Cathy Perry, Administrative Assist./Claims Analyst cperry@aacrms.com Kim Nash, Workers Comp Claims Adjuster knash@aacrms.com Renee Turner, Workers Comp Claims Examiner rturner@aacrms.com Kim Mitchell, Administrative Assistant kmitchell@aacrms.com Brandy McAllister, RMS Counsel bmcallister@arcounties.org Becky Comet, Member Benefits Manager bcomet@arcounties.org Barry Burkett, Loss Control Specialist bburkett@aacrms.com Amber Krum, Administrative Assistant akrum@aacrms.com Elizabeth Sullivan, Admin. Assistant/Receptionist esullivan@arcounties.org

COUNTY LINES, SUMMER 2014

AAC

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County Lines

Magazine

County Lines is the official publication of the Association of Arkansas Counties. It is published quarterly. For advertising inquiries, subscriptions or other information relating to the magazine, please contact Christy L. Smith or Scott Perkins at 501.372.7550. Executive Director / Publisher Chris Villines Communications Director/ Managing Editor Scott Perkins Communications coordinator/ Editor Christy L. Smith

AAC Executive Board: Mike Jacobs – President Roger Haney – Vice President Judy Beth Hutcherson – Secretary-Treasurer Sherry Bell Debra Buckner Sue Liles Bear Chaney Andrea Billingsley Jimmy Hart John Montgomery Patrick Moore Rhonda Cole Joe Gillenwater David Thompson Bill Hollenbeck Will Jones 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: Vice Chair of NACo’s Justice and Public Safety Steering Committee. He is the Sebastian County Judge and member of the Rural Action Caucus Steering Committee.

Mike Jacobs: NACo Board of Directors, the Membership Committee and the Agricultural & Rural Affairs Steering Committee. He is the Johnson County Judge.

COUNTY LINES, SUMMER 2014

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Government harmed by ideology

Director’s Desk

uch is made these days of partisan politics, and the impasses we have seen at federal, state and local levels as a result. In days gone by, it seems that we were able to Chris Villines argue social doctrine at high levels and come to relative AAC agreement that once the argument ended, the move forExecutive Director ward began, and the fight was left to history. Partisan politics can be a very good and beneficial thing, as we have all heard there are many ways to accomplish the same good goals. At times in our nation’s history, the slow plod of fleshing out arguments has resulted in new ideas that were neither partisan nor tested but proved to work well. It was only through the process of public debate that these new ideas were developed and implemented. Today we find our state part of a similar process involving the implementation of the Affordable Care Act and our move toward the private option. In time we will find whether the private option works or does not, but regardless of which, it is a model that our state leaders reached across party lines to develop. To this day the leaders continue to fine-tune it as we reach implementation crossroads. I say this because it is disingenuous for our society to criticize partisan politics without acknowledging the examples of working together and the potentially good results that come from it. After consideration, I believe partisan politics is not the problem in government today, and nobody is better positioned than county government to make this argument. Our close relationship with constituents as federal and state doctrines are implemented give us a front row seat to those positions and whether they really do work. Good laws passed result in compliments to us and to our staff. Bad laws earn the ire of the citizens, and criticism rarely follows the decision-makers. Instead the negative opinions are heard at our collective counters across the state. I submit that partisan politics per se is a good thing, a meshing of ideas that results in generally better thought-out laws that take implementation into consideration. But there are two factors working together in our society that make many believe partisan politics is bad. These two factors result in rushed laws that do not take administration of the legislation into account. These two things are: 1) misplaced ideology and 2) rush to implementation. Like many county officials from Arkansas, I was able to attend this year’s National Association of Counties Conference. Many good things come from this conference, and one statement was made that continues to stick with me. Mayor Mitch Landrieu welcomed the conference to Orleans Parish on July 14 — and he said to the group, “At the end of the day, we folks in local government do not have the luxury of engaging in ideological debate.” What a refreshing quote! Mayor Landrieu gets it. He understands that we are charged with implementation and administration, not arguing the merits of the laws we have to follow. Many of you have spent hours in your lives at football games, from Pop Warner leagues all the way up to NFL. If you could have a dime for every Monday morning quarterback second-guessing the coach on a called play, you’d never buy a lottery ticket again. Simply stated, this is representative of a misplaced ideology that now runs rampant in our society. Financial guru Dave Ramsey has helped millions of people with >>> 7

Director’s

Desk

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individual financial planning, and one of his most used statements in that counseling is, “What happens in your house is more important than what happens in the White House.” Dave, as you can imagine, fields many phone calls from people wanting to blame their personal financial woes on federal government — and his response is a classic call to have them examine their own personal issues for improvement instead of Washington D.C. (To be fair, he has made this statement with both Republicans and Democrats occupying the presidency). In order to get better, one must know the playing field he controls, and work at it this way. Gains and losses are amplified when the tools to affect them are under your control, and time is wasted when we blame others in positions affected only by an election. What we are seeing, though, is armchair quarterbacking take over in all levels of society. Lost in this is that our official duties in county government do not give deference to arguing over whether we agree with certain laws. They are passed and we must follow and administer them, regardless of our opinions. This is not largely a problem in counties, we are typically too busy stretching our dollars with each new policy and unfunded mandate that comes down to spend a great deal of time bemoaning the changes. But it does happen some. And ideological debate is creeping into all levels of government, often times misplaced. A quorum court can spend countless hours questioning federal regulations regarding what kind of food our prisoners must eat, but at the end of the day only federal change can override it. The ACA can be debated in committee at the legislature, but only federal government or courts can make major rule changes. Misplaced ideological debate is one thing harming our government, but maybe even more dangerous is this ever-present push to rush change at ALL levels of government. I think we all get

that technology causes shifts in how we handle things at lightspeed, but we cannot let these rapid shifts drive change in government to the point that we cannot administer. The failed ACA sign-up website is a perfect example of having a law implemented without deference to the operational requirements needed to make it work. As laws come faster and with less vetting, we will find ourselves with practical application gaps. In Arkansas, the problem is compounded by some of the strongest term-limits laws in the country. Our legislators want to accomplish things, and this is commendable, but the squeeze to have much work done in a short period of time gives rise to proposals that do not allow time for affected groups to discover and implement changes necessary for the pursuits. Worse yet, a short session with a great number of bills gives little time for interaction before bills are presented and run through the system. If we want to make partisan politics work, it takes time … time to discuss, time to ask interested parties how things will be implemented, time to vet with constituents, and time to ponder for possible better solutions along the way. Rushed bills can easily become bad acts if not looked at closely, which gives me an opportunity to invite all of you to take part in watching bills in the upcoming session and asking questions of each other as to the impact. Sometimes two public hearings is all you get, and we have to act quickly as an association to make sure that our voice is strong and loud in this process. There are two major rules in acting. One is to know your place; the other is to not go too fast. If all of government adopted these rules and reminded themselves of the negative possibilities produced by rushed and misplaced legislation we could find our country once again engaged in congenial philosophical discussion with opposing teams shaking hands at the end of the game.

Arkansas State Capitol SNAPSHOTS The State Capitol Rose Gardens, along the northwest lawn and near the Justice Building, feature more than 1,500 rose bushes of more than 50 varieties that bloom throughout the summer. Ranging from the English rose and hybrid teas to shrubs and climbers, the plants are part of the national test program. Growers submit 20 specimens to the test garden each year, where they remain for three years before being replaced by younger plants and new varieties. Removed plants are donated to schools and organizations to share the beauty around Arkansas. For more information on your Capitol go to www.sos.arkansas.gov (AAC Photos / Christy L. Smith)

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46th AAC conference highlights approaching issues, challenges

he latest chapter of county government is annually redefined and shared with the stakeholders of the Association of Arkansas Counties, state agencies and legislators every summer at our annual conference. Our 46th annual AAC Conference recently concluded in Little Rock at the Marriot and State House Convention Center where almost 700 county officials and employees gathered to celebrate county government successes and to brainstorm about our common challenges. August is riddled with a hectic couple of weeks for AAC staff who plan and execute the conference every year. I can’t say enough about the staff’s work and passion they bring to all our AAC events, but especially with our annual conference. As outgoing president, I thank you all for what you do for the county family of Arkansas every day. There were several highlights during our annual meeting this year, and the breakout session topics really help outline what is new and what is on the minds of AAC stakeholders. We enjoy a very unique view of state and county government from our respective offices and I am always encouraged by all the conversations seeded in making things better and more efficient for our counties and constituents. I certainly appreciate the time spent honoring my tenure as AAC president and am grateful for the friendships and accomplishments we have under our belt in my 15 years as AAC board of director president. However, I’m not done quite yet, and this is not my farewell column. You’ll have to wait until the fall edition of County Lines to read my parting thoughts. Obviously, our gubernatorial forum with Mike Ross and Asa Hutchinson was a wonderful grand finale to our conference. We are grateful for both candidates’ willingness to spend time with county officials. The forum went off without a hitch and allowed the candidates and county officials to document their respective platforms and to shine light on the challenges facing county government. We also gleaned some insight on the candidates’ ideas of how they would govern and how they would approach the adversity before our great state. The questions posed from various county officials were all on topics that are very important to us — stagnant county turn back funds, jail overcrowding, state inmate reimbursement rates, 911 services and election reform. We encourage continued conversations on these issues and the continued search for stable solutions whoever wins the governor’s seat for the next four years. City, County and Local Committees in the Arkansas House and Senate also met throughout our conference, and we are thankful for their service and for their fellowship with various county officials and staff. Their attendance not only exposes them to the details of our world and us to theirs but it also aids in building our working relationships for future joint projects. We look forward to working extensively with this committee in the COUNTY LINES, SUMMER 2014

President’s Perspective

90th Arkansas General Assembly. Members of the Local 911 Systems Blue Ribbon Committee also attended our conference and we expect this body to help lead the way in finding increased funding for 911 services, addressing the discrepancy between wireless and landline components and devising plans to manage the increased burden for Next Generation Hon. Mike Jacobs 911 communications. AAC Board President; If you like tackling challenges Johnson County Judge head on, it is certainly a good time to be involved with state and county government. Our breakout sessions were numerous and varied. We presented topics that ranged from retirement to employment practices and from leadership to wellness trends. We even hosted our first wellness walk bright and early Thursday morning on the banks of the Arkansas River. Check out our Facebook page for images of the walk and all the other events at conference. AAC Risk Management Fund’s new partnership with Guardian RFID was explained at conference as well. This project is a breath of fresh air for our member counties and their jails. We’re enthusiastic about its impact on jail administration efficiencies and documentation. Guardian RFID inmate-tracking system will be implemented in all 46 member counties within a year as an added benefit to our program. This product is the only one in the world to utilize radio frequency identification exclusively in inmate tracking services. It will give jailors and deputies real-time data on activities in the jails and add a digital documentation trail that will serve inmates and staffers well. All member associations officially submitted their respective legislative packages for consideration by the AAC legislative committee and ultimately the board of directors during our annual meeting. The leg committee and board will soon dive into the submissions and define our legislative package for the next session this fall. Thank you to all our attendees, vendors, sponsors and legislators for making AAC’s annual conference a success.

The Honorable Mike Jacobs Johnson County Judge / AAC Board President 9

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AG Opinions: From county road establishment to contract ethics AG OPINION NO. 2014-021

AG OPINION NO. 2014-032

The Attorney General tackled an array of complex legal questions that commonly arise concerning the authority of county judges under the Constitution and laws of Arkansas over county roads. The AG explained the rulings of the Arkansas Supreme Court on the ways to establish a county road by virtue of: dedication and acceptance; condemnation; and declaration of a public road (mail route, bus route or worked road) as a county road. The AG explained that the acceptance of a road dedicated to the public as a county road is considered an executive and discretionary authority of the county judge; and neither the quorum court nor a circuit court may interfere with this authority or the exercise of discretion. Likewise, the authority to exercise eminent domain or to declare an existing public road (a mail route, bus route, or worked road) as a county road is under the discretion of the county judge and not subject to challenge by the quorum court or a circuit court mandamus. The AG further explained the differences in county roads, public roads and private roads; and the restrictions on allocating dedicated road revenues to private property or private roads. The AG explained the role of the quorum court in adopting road standards or master street plans by ordinance and the power of the quorum court to appropriate dedicated and general revenues for public roads and bridges. This opinion will greatly assist county judges in applying the law and in conveying the law of Arkansas to the citizens.

The AG explained that assessments of fire protections districts are assessments of benefits and not taxes. The AG noted that fire protections districts have a variety of complex restrictions on the manner to raise their fees or types of assessments depending on date of formation. The AG noted that boards formed after 1989 are explicitly authorized to adopt assessments of a flat fee per parcel; and as per ACA 14-284-212(g) a fire protection district board formed after 1995 may adopt a flat fee per parcel or flat fee per acre. The AG concluded that a fire protection districts formed before 1989 in accordance with Act 35 of 1975 (in 1982 under the particular facts submitted) should require a vote of the membership to exceed the assessment caps reflected on the ballot used and voted upon by the members during formation of the fire protections (and do not have the apparent authority to adopt a flat fee).

AG OPINION NO. 2014-040 The AG interpreted ACA 26-35-601 and the payment of delinquent personal property by a title company as escrow agent in connection to a refinance of a mortgage. The AG noted that legislative clarification may be needed. ACA 26-35601 provides a mortgage holder may avoid the payment of delinquent personal property taxes in connection with payment of real property taxes on the subject lands under a lienholder exception. However, it is unclear under the various refinance documents whether the title company as

AG Opinions

escrow agent in paying the real property taxes in connection with a refinance is acting as agent for the Mark Whitmore landownerAAC Chief Counsel taxpayer or the existing mortgage company under a refinance as a lien holder. A mortgage company new to the property undertaking the refinance of the existing mortgage and not possessing a lien at the time of the closing would apparently have no valid assertion as a lien holder.

AG OPINION NO. 2013-134 The AG expounded on the scope of county ethics provisions under ACA 14-14-1202, and indicated that provisions prohibiting procurement of special privileges or exemptions for “immediate family” likely means person within the first degree of relationship. The AG also explained that a county officer or employee is in a position of public trust and are prohibited from being interested in a contract in furtherance of their personal and individual interests. Contracts or transactions in furtherance of the personal interests of an official or employee are generally unenforceable. ACA 14-14-1202(c) authorizes special purchases by virtue of transparent ordinance finding unusual circumstances and obtaining a two-thirds supermajority vote of the quorum court.

75 Counties - One Voice COUNTY LINES, SUMMER 2014

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U.S. Supreme Court upholds prayer for local legislatures

n May 5, 2014, the U.S. Supreme Court held in Town of Greece v. Galloway that the town’s practice of opening its town board meetings with a prayer offered by members of the local clergy does not violate the Establishment Clause when the practice is consistent with the tradition long followed by Congress and state legislatures, the town does not discriminate against minority faiths in determining who may offer a prayer, and the prayer does not coerce participation with non-adherents. In a 5-4 decision, the Court cited Marsh v. Chambers, 463 U.S. 783 (1983), to conclude that legislative prayer, while religious in nature, has long been understood as compatible with the Establishment Clause. The question before the Court was, “Does the invocation of prayer at a legislative session violate the Establishment Clause of the First Amendment even in the absence of discrimination in the selection of prayer-givers and content?” Since 1999, the town of Greece, N.Y., has opened its monthly town board meetings with a roll call, a recitation of the Pledge of Allegiance, and a prayer given by clergy selected from the churches listed in a local directory. The practice was introduced when a newly elected town supervisor, John Auberger, decided to replicate the prayer practice he had found meaningful while serving in the county legislature. Nearly all the local churches in the town are Christian, so all the people leading the prayers are Christian as well, even though the prayer program is open to any creed. Residents who attended the meetings filed the lawsuit. They alleged that the town violated the Establishment Clause of the First Amendment to the U.S. Constitution by preferring Christian prayer. The U.S. District Court for the Western District of New York upheld the prayer practice on summary judgment. The U.S. Court of Appeals for the Second Circuit struck down the practice, holding that parts of the prayer program could lead one to conclude that the town of Greece was endorsing Christianity. The Supreme Court reversed the judgment of the appeals court. Justice Anthony Kennedy wrote the lead opinion that sets out the constitutional prescription provided for legislative prayers. According to Lyle Denniston of SCOTUSBlog, that prescription is based on eight factors (Lyle Denniston, Opinion analysis: Prayers get a new blessing, SCOTUSBlog, http://www.scotusblog.com/2014/05/ opinion-analysis-prayers-get-a-new-blessing/): • Such prayers are not confined to meetings of Congress or state legislatures, but may also be recited in the more intimate and familiar setting of local government meetings (such as a quorum court meeting).

Legal Corner

• The prayer portion of the meeting must be conducted only during a ceremonial part of the government body’s session, not mixed in with action on official policy. • The body may invite anyone in the community to give a prayer and (if it has the money) could have a paid chaplain.

JONATHAN GREER

General Counsel

• The body may not dictate what is in the prayers and what may not be in the prayers. A prayer may invoke the deity or deities of a given faith, and need not embrace the beliefs of multiple or all faiths. • In allowing “sectarian” prayers, the body’s members may not “proselytize” — that is, promote one faith as the true faith — and may not require persons of different faith preferences, or of no faith, to take part, and may not criticize them if they do not take part. • The “sectarian” prayers may not disparage or discriminate against a specific faith, but officials need not go to extra lengths to make sure that all faiths do get represented in the prayer sessions — even if that means one faith winds up as the dominant message. • Such prayers are permissible when most, if not all, of the audience is made up of adults — thus raising the question whether the same outcome would apply if the audience were a group of children or youths, such as the Boy or Girl Scouts, appearing before a government agency or a government-sponsored group. • A court, in hearing a challenge to a prayer practice, is confined to examining “a pattern of prayers,” and does not have the authority to second-guess the content of individual prayer utterances. In judging such a pattern, the proper test is not whether it tends to put forth predominantly the beliefs of one faith, but whether it has the effect of coercing individuals who do not share that faith. You are encouraged to keep these factors in mind if your county is considering or already opens its quorum court meetings with prayer. The case is Town of Greece v. Galloway, 572 U.S. ___ (2014). The full opinion is viewable online at http://www.supremecourt.gov/ opinions/13pdf/12-696_bpm1.pdf.

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Degree Matters targets Arkansans seeking to complete 2-year degree

rkansas has made great strides in national measurements for health care, excellence in education, and continued economic stability. We will keep building on that progress by embracing the tools, skills and resources necessary for us to remain competitive. One of those vital resources is a stronger broadband Internet infrastructure in our state, especially in our schools. While in the past, cost has hindered the expansion of broadband, new opportunities may remove that barrier for Arkansas. A nonprofit group called EducationSuperHighway studies the need for digital learning in American schools. It has chosen to collaborate with us on an in-depth pilot project that could expand broadband access and lower its costs for our public schools. In fact, the group believes that Arkansas can become the first state in the country to meet the national goal of linking every student to high-speed broadband and in-school WiFi. And, above all, we can do it without needing to raise taxes or cut other programs. Currently, Arkansas spends $15 million annually on broadband in K-12 schools. Using federal matching funds, we want to use that money in the coming years to invest in cheaper, faster fiberoptic cables, instead of simply maintaining our current copper-wire infrastructure. EducationSuperHighway has pledged to work with state agencies, legislators, school districts and service providers to find our clearest path to realizing that goal. Fifty-one percent of our school districts do have sufficient broadband access to meet the current federal standard. This surpasses the national average of 37 percent. However, only one Arkansas school district has the fiber-optic network to meet the national goal for Internet capacity by 2018. We are beginning our work now to help our schools keep up and advance nationally in our capacity for this vital educational resource. By partnering with EducationSuperHighway, the Arkansas Department of Education has taken an important step toward providing students with the best tools they need for success in

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From The Governor

21st-century classrooms. We have the opportunity to equip every Arkansas public school with fiber Internet systems at affordable prices. We also have the right set of circumstances to do it ahead of other states. As technology continues to radvance, broadband in our schools becomes a greater factor in preparing Hon. Mike Beebe our students for life after graduation. Governor of Arkansas Because of the inextricable link between education and economic development, the dividends of this partnership with EducationSuperHighway can reach far beyond Arkansas’s school walls and into our communities and local economies. Every day, technology makes our economy more global, and therefore more competitive. The Internet is becoming the platform to conduct most business around the world. A strong broadband infrastructure is not a luxury; it is a necessity. States that cannot build one will fall behind. Fortunately, through this new partnership, Arkansas has the chance to push far ahead of the curve. Together, we can give our children the resources they need to compete and succeed, to let their minds explore their full potential without being held back by outdated resources. It’s our latest step toward greater excellence in education.

Mike Beebe The Honorable Mike Beebe Governor of Arkansas

Did an aspect of county government “make news” recently in your county?

COUNTY LINES, SUMMER 2014

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Electronic records are subject to FOIA requests in some cases

he Arkansas Freedom of Informatin Act applies to electronic records ... if “readily convertible” without significant cost in public resources.

If “Readily Convertible,” Electronic Data Subject to FOIA: If requested electronic data is “readily convertible,” then the public official is required to comply with the request under A.C.A. § 2519-105(d)(2)(B), which requires that a citizen must be provided data “in any format to which it is readily convertible with the custodian’s existing software.” Ark. AG Op. No. 2004-023. If NOT“Readily Convertible,” Electronic Data is Not Subject to FOIA: A.C.A. 25-19-109(a)(1) permits the custodian of the records, at his or her discretion, to compile, tailor or summarize requested electronic data in an electronic format if it is not readily convertible ... BUT ... if it is properly determined that requested electronic data is not “readily convertible,” the public official has no obligation to comply with the FOIA request. Ark. AG Op. No. 2004-023. “Readily Convertible” Defined: A.C.A. 25-19- 105 (d) (2) (B) and A.C.A. 25-19-109 were enacted based on a report by the Electronic Records Study Commission (“Commission”) and this report offers insight into the intent of these provisions. The Commission notes that “[i]n many cases, it is relatively easy and costfree to ... convert [an electronic record] from one common format to another.” By contrast, significantly greater customization of electronic records is often possible, but only with substantial effort.

Whether that effort is undue could vary widely among entities subject to the FOIA, depending not only upon equipment and personnel, but also upon how data is maintained for its efficient use in the agency’s principal mission. In short, what is possible is not always practical. Electronic data is “readily convertible” when the conversion can be done without significant cost in public resources. Ark. AG Op. No. 2004-023.

County Law p U date

Mike Rainwater Risk Management Legal Counsel

Option of Hiring Private Contractor: Where the cost and time involved in complying with the requests are relatively minimal, custodians should agree to provide the electronically recorded data as requested. A.C.A. 25-19-109(a)(2). If the custodian agrees to a request, the custodian may charge the actual, verifiable costs of personnel time exceeding two (2) hours associated with the tasks, in addition to copying costs authorized by § 25-19- 105(d)(3). A.C.A. 25-19-109(b)(1). (Mike Rainwater, a regular contributor to County Lines and lead attorney for AAC Risk Management, is principal shareholder of Rainwater, Holt, and Sexton, P.A., a state-wide personal injury and disability law firm. Mr. Rainwater has been a lawyer for over 30 years, is a former deputy prosecuting attorney, and has defended city and county officials for over 25 years.)

Polk County Clerk’s office staff display color of support on Pink Friday Those visiting the Polk County Clerk’s office on May 3 were reminded to Think Pink. Staffers wore the rosy tone as a show of support for breast cancer survivors and the continuing research for a cure. Pictured are: (front row) Sarah Gibson, Elicia Field, Alyssa McCleskey and Lis Robinson; (second row) Paula Clark, Sue Babel, Kim Milne, Melody McDaniel and Kerry Law: (third row) James Reeves, June Wiles, Linda Ashcraft, Theresa Judkins, Lana Rice, Laura Logan, Polk County Clerk Terri Harrison, Lisa Bingham, Judy Logan and Sherri Roberts.

COUNTY LINES, SUMMER 2014

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AAC Risk Management Fund adds two new member services

Savings times 2

Wallet & waistline

t is a great time to be a member of the AAC Risk Another terrific service that is new Management Fund (AACRMF). We have more benefits and free to AACRMF members and services to offer our members than ever before. Even comes to us through our partnership with Metro Builders and Restoration better, we just keep adding more to the list. in association with Bancorp South. AACRMF members have always been able to take This “Peace of Mind” (P.O.M.) advantage of a top notch general liability risk pool that seeks program gives just that — peace of to improve operations of member counties by minimizing risk and providing incredible legal research and guidance. Our mind — to counties in the event Becky Comet of some sort of disaster. Metro will growing pool also offers drug testing for CDL drivers as well AAC Member come to your county and do a preas codification services, free of charge. By law, counties must Benefits Manager disaster inspection. This will help codify ordinances every five years. The ability to have county your county understand any potential ordinances codified as a benefit of membership saves counties problems you may face, ranging from thousands of dollars. worst case scenario to minor Now, AACRMF has added emergencies. Metro can then some amazing products and help put in place procedures to services to the list of benefits limit the amount of damage your for our members. We are county could suffer, as well as he AACRMF pool is the premier so excited about our new time saving precautions to take partnership with Guardian before disaster strikes. Metro will county risk management service RFID. The deployment of provide a 24/7 response to on-site the Guardian RFID Inmate disasters and use local contractors Management technology in Arkansas. We have been in existence for when possible. As an AACRMF will improve jail operations member, your county will be while also building staff more than 20 years and are proud to currently listed as a priority for disaster accountability at every level. response in the P.O.M. system. Guardian RFID is the global serve 46 of the 75 counties in the state. The AACRMF pool is the leader in Inmate Management premier county risk management Systems + Solutions for service in Arkansas. We have jails, prisons, and juvenile been in existence for more detention facilities. This than 20 years and are proud system has been endorsed to currently serve 46 of the 75 counties in the state. We by the National Sheriffs’ Association since 2008. Guardian do not want your county to miss the opportunity to take RFID helps facilities maximize productivity, defensibility advantage of all these benefits and services that are available and compliance by leveraging radio-frequency identification with membership. More information on becoming a member (RFID) + Cloud + Mobile technologies. AACRMF plans to is only a phone call away. Our skilled team, led by Debbie have the Guardian RFID technology deployed in 10 member Norman, will be more than happy to help you secure your counties by years’ end. seat at the AACRMF table.

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75 Counties - One Voice COUNTY LINES, SUMMER 2014

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Ethics and conflicts of interest for county and district officials

his article will cover a variety of provisions of the Arkansas Code setting forth ethics and conflicts of interest laws for county and district officials and employees. These laws are based upon avoiding breach of the public trust and reduction of the temptation to breach. These laws come into play when an officeholder or his immediate family member conducts business with the county and when a person files to run or hold office or to fulfill board appointment. Additionally, there are prohibited activities addressed under ACA 218-304 that apply to all public officers and employees. A prudent county official should learn these provisions of code and the information and resources in this article. Breach of Public Trust ACA 14-14-1202(a) prohibits an officer or employee from using his office or position for personal gain or the benefit of an immediate family member/ associate. The Attorney General recently expounded on the scope of county ethics provisions under ACA 14-14-1202, and indicated that provisions prohibiting procurement of special privileges or exemptions for “immediate family” likely means person within the first degree of relationship. The AG also explained that a county officer or employee is in a position of public trust and is prohibited from being interested in a contract in furtherance of his personal economic and individual interests. He noted that such contracts are generally unenforceable (AG Opinion 2013-134). ACA 14-14-1202(A)(i) states, “No officer shall either directly, in any contract or transaction made, authorized or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction of a community.” Additionally, all purchases for the county will be for “the benefit of the county” only. It is unlawful for any officer or employee to accept or retain them for his or her own use or benefit. See ACA 14-14-1202(A)(ii)(b). The law allows for the quorum court to address “unusual circumstances” by virtue of a transparent ordinance finding unusual circumstances obtained by a two-thirds supermajority vote of the quorum court. See ACA 14-14-1202(c). It is best to bring these matters to the quorum court so they can approve, ratify or reject any issues and make a determination of whether a circumstance is in the best interest of the county and truly unusual. An example of a contractual relationship that was enough to create a conflict of interest can be found in AG Opinion 2002327. The question presented was whether a justice of the peace who owned a company could perform dirt work for a new county library building. The AG concluded that it was a clear conflict of interest for a quorum court member to perform contractual services for the county, even if the service was indirectly performed as a subcontractor. The AG even said that if the justice of the peace resigns, he or she would still be unable to complete the work because 16

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the resignation “would not cure the impropriety” and the official “would continue to benefit from an improperly negotiated contract.” An example of a personal benefit not sufficient to create a conflict of interest can be found in AG Opinion 2000302. The question in the opinion was whether a justice of the peace, who was Kevin liang also a practicing attorney, could sponLaw Clerk sor ordinances benefiting the court system in which he or she practiced. The AG concluded that unless it could be proven that the benefit conferred was substantial and narrowly focused on their personal economic interest, there would be no conflict of interest. The AG also stated that benefits affecting a class are not ordinarily sufficient to constitute a conflict of interest. Right to Run and Hold Office The AG recently explained that a county personnel policy may not require county employees to vacate their position before filing for elective office. See AG Opinion 2013-142. The AG explained that in 1997 the General Assembly enacted ACA 21-1-207, which explicitly provides, “No employee of the state, municipality, a school district, or any other political subdivision of this state shall be deprived of his or her right to run as a candidate for an elective office or to express his or her opinion on political subjects, unless necessary to meet the requirements of federal law.” AG Opinions 99-155 and 98-084 likewise cite ACA 21-1-207 and support the same conclusion. Arkansas law generally protects the right to run for office. See, e.g., ACA 21-1-207 (permitting state and local employees to run for public office); MacBride v. Exon, 558 F.2d 443, 448 (8th Cir. 1997) (state’s restriction of one’s ability to become a candidate for public office is “severely circumscribed by the Constitution.”); Fisher v. Taylor, 210 Ark. 380, 196 S.W.2d 217 (1946) (right to be a candidate for public office is fundamental and should not be curtailed without good cause). But it is important to note that just because a person is eligible to run for office, it does not necessarily mean they can hold dual offices. See, e.g., AG Opinion 2007-218 (sets forth the general test for determining eligibility for office). In the context of dual office holding, there are three categories of unlawful conflicts of interest: constitutional conflicts, statutory conflicts and conflicts created by offices having incompatible duties or common law conflicts [Byrd v. State, 240 Ark. 743, 402 S.W.2d 121 (1966)]. In the context of dual office running, an act was recently enacted to prevent candidates from running for more than one office under certain circumstances. Act 1471 of 2013, codified as ACA 7-5-111 states, “A person shall not run for election for more than one (1) state, county, or municipal office if the elections are to be held on the same date.” COUNTY LINES, SUMMER 2014

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Constitutional Conflicts: Article 19, Section 6 of the Arkansas Constitution states, “No person shall hold or perform the duties of more than one office in the same department of the government at the same time, except as expressly directed or permitted by this Constitution.” The act of holding concurrent elected or even deputy positions is clearly prohibited by the Constitution, if the position is considered an “office.” The Constitution does not, however, explicitly address the legitimacy of holding an elected or deputized position concurrently with a non-office role. See AG Opinion 2010-045. Article 4, Section 1 divides the powers of government of the state of Arkansas into legislative, executive and judicial departments. Article 4, Section 2 provides, “No person or collection of persons, being one of these departments, shall exercise any power belonging to either of the others, except in the instances hereinafter expressly directed or permitted.” Statutory Conflicts: To determine whether there is a statutory conflict, there must be a significant understanding of the facts surrounding the inquiry. Necessary information includes, but is not limited to: the duties of the offices, where funding originates, background information on the candidate, membership of committees and origin of compensation. Some statutes have been around for many years, but new statutes are constantly implemented. It is important to check with an attorney to see if any apply. Common Law Conflicts: At common law, there is the possibility of a conflict under the “doctrine of incompatibility.” If there is a situation in which, “the discharge of the duties of the one [position] conflict[s] with the duties of the other, to the detriment of the public good,” then the doctrine applies [State ex rel Murphy v. Townsend, 72 Ark. 180 (1904)]. The Supreme Court of Arkansas more recently stated: One commentator has explained, “Incompatibility arises, therefore, from the nature of the duties of the offices, when there is an inconsistency in the functions of the two, where the functions of the two are inherently inconsistent or repugnant, as where the antagonism would result in the attempt by one person to discharge the duties of both offices, or where the nature and duties of the two offices are such as to render it improper from considerations of public policy for one person to retain both” [Eugene McQuillin, 3 The Law of Municipal Corporations § 12.67 (3d ed. 1990]. The common law “doctrine of incompatibility” usually applies to dual-office situations, but the AG has stated that it also can apply to the concurrent holding of an office and a public employment [AG Opinion 2006-219, citing Thompson v. Roberts, 333 Ark. 544, 970 S.W.2d 239 (1998) and AG Opinion 2006-066]. Attorney General Opinions The Arkansas Attorney General’s office provides guidance for questions regarding conflicts of interest. Most opinions essentially apply the conflict of interest test. One example of a dual office situation that is likely allowable can be found in AG Opinion 1999-249, which addresses whether service on both a local school board and the quorum court is comCOUNTY LINES, SUMMER 2014

patible if the quorum court is responsible for filling vacancies on local school boards. The AG eventually stated that as long as the quorum court does not fill a vacancy with one of its own members, the dual service is likely permissible. However, in AG Opinion 2002-133, the AG opined that the dual service as a county coroner and a justice of the peace is not permissible because it would give rise to unlawful conflicts of interest. Generally, the AG believes that most dual offices are likely prohibited. There are only a few instances where the AG has definitively ruled a combination of roles is allowable. The one common thread that opinions share is the application of the three-test process to determine whether a combination of services is allowable. To answer the question of whether any combination of offices is allowable, there must be a thorough analysis of the facts. It is important to remember that any question regarding a conflict of interest or dual office holding is a factually intensive inquiry that is best handled by the judiciary. Removal of Office If, at any time, someone realizes there is a conflict of interest or problem with eligibility, there can be serious consequences. This type of situation can yield many outcomes, one of which is removal of office. One recent incident involved Searcy County Sheriff and Collector Kenny Webster Cassell. In October 1979, Cassell, who was a deputy sheriff at the time, pled guilty to unlawfully possessing less than $100 worth of Cornish hens, with knowledge they were stolen, a misdemeanor violation of 18 USC 659, Embezzlement or Theft of Interstate or Foreign Shipments by carrier [State v. Cassell, 427 S.W.3d 663, 664 (Ark. 2013)]. Article 5, Section 9 of the Arkansas Constitution states, “No person hereafter convicted of embezzlement of public money, bribery, forgery or other infamous crime, shall be eligible to the General Assembly or capable of holding any public office of trust or profit in this State.” An infamous crime is one that involves elements of deceit and dishonesty, and since theft is a crime that involves dishonesty, someone who commits theft is constitutionally barred from serving as an elected public official [State v. Cassell, 427 S.W.3d 663, 666 (Ark. 2013)]. Even though possessing less than $100 worth of stolen goods seems like a petty crime, it is enough that there is dishonesty involved to preclude an individual from holding public office. Arkansas Ethics Commission When running as a candidate, there must be certain disclosures made to be eligible for office. These disclosures can be found on the Arkansas Ethics Commission’s web site. The list of disclosures includes a candidate’s name, location, reason for filing, source of income, business or holdings, office or directorship, creditors, past-due amounts owed to government, guarantor or company-maker, gifts, awards, non-governmental sources of payment, direct regulation of business and sales to governmental body. For additional information, refer to the Ethics Commission web site. On the Web:

Look for history and footnotes online at

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Understanding us, charting the path to better county government

Legislative lines

oalitions of people make things happen. Don’t you agree? All significant movements in our culture and society have one common denominator — a coalition of people acted as one and served as the catalyst for any monumental change. Are there individual leaders? Of course. And followers? Certainly. Are there differing opinions in regards to the solution or plan of action? Absolutely. However, our differences, how we embrace them and how we mingle diverse perceptions into a plan define our successes and failures. This has been true in our country since the Constitutional Convention met in May 1787 in Philadelphia to draft the U.S. Constitution. It remains true today and this rule of thought will continue to be evident in AAC’s legislative guiding principals, strategy and advocacy. Stuart Scott, an ESPN anchor and cancer fighter, recently quoted Arthur Ashe during the ESPY awards as he accepted Ashe’s Courage Award. Ashe said the following about community and public service, “Start where you are. Use what you have. Do what you can.” I think those statements are a good cognitive map for understanding us and devising our plan.

for counties and Arkansans at the end of the conversation. Elaborate lobbying is not in our legislative quiver. Our most valuable tool is our ability to provide lawmakers with great information from the division of state government closest to the people. County officials are reliable and expert sources for legislative foreshadowing for proposed legislation on topics from 911 Scott perkins services to elections and from prisons to Communications Director criminal justice reform. We cover a lot of ground in our counties for our citizens on behalf of the state and those practical experiences make us knowledgeable points of contact when legislators dive into changing, modernizing or repealing state law. Our information is our most valuable tool. I think our knowledge is one of our most unique and exciting characteristics. This fact will continue to position us very nicely as a conduit in the legislative process in the 90th Arkansas General Assembly.

Legislative Methodology — Start Where You Are The AAC legislative process mimics our organizational structure as a whole. Our member associations — all nine constitutionally elected county officials — have representation on the AAC board of directors. Those member associations also have representation, a voice and votes on the AAC Legislative Committee. We function as a fully democratic body with a commitment to better and more efficient county government in our DNA. In the last several months as I have networked with legislators, state agency staffers, lobbyists and political party leaders I have learned that AAC has traditionally been perceived as a Democratic organization. Some even said a bureaucratic organization. That perception exists, and you don’t go asking questions unless you are willing to listen and implement lessons learned from the feedback. One of my main goals is to put that perception to rest, and to bolster what AAC really is. We are an “A” political and growing organization, and we are entrenched in ensuring that growth is in line with our mission of serving counties and Arkansans to the best of our ability. We pursue this mission in several facets.

Legislative Advocacy — Do What You Can AAC member associations are in the process of cultivating and strengthening their respective legislative committees and teams. Our focus remains to increase the number of county officials who are engaged with their state legislators and state agencies. As we go down that road, we are actively seeking stronger relationships and partnerships with lawmakers and state leadership. It is no surprise we can accomplish this through increased communications — proactive and reactive — with our senators and representatives. We aim to learn more about all of them in an effort to dynamically serve our constituents. Member associations have also finalized their proposed legislation for the 90th General Assembly to be approved by the legislative committee and ultimately the board of directors. The AAC draft legislative package’s underlying theme is modernization. We think that trend will hold true in many others’ legislative efforts during the next regular session as well. Significant challenges face our state, and legislative direction and potential efforts for reform will soon be before the General Assembly. The fate of the Private Option, likely surplus revenue allocation and appropriations, criminal justice reform, 911 modernization, teacher health insurance, broadband and elections will top the highlights for the 90th, and let’s not forget a new governor will occupy the north wing of the Capitol. This three-part road map explains our recent exercise in understanding where AAC was legislatively and the dynamics and power of our resources. Now that we fully understand where we are and what we have, it is time to do what we can. We welcome the ensuing activity of pre-session conversations and debate and are pleased to be in the conversation. We look forward to impactful partnerships. Our doors are always open to helping Arkansans make our state better. 75 counties. One voice.

Understand Your Toolkit — Use What You Have Our membership boasts savvy members from both sides of the aisle. We thrive on their ability to boil down the issues before them and leave their party affiliation out of the proposed solutions that rise from the dust. This process is front and center when our committee and board decide on policy. But in the same breath, we also expect them to bring their party’s perception to the table when we discuss the challenges or legislative adversity before us. Let me touch on that again. We encourage opinions from both sides when trying to best understand the issues; however, we don’t expect those affiliations to be a factor in forming the best policy COUNTY LINES, SUMMER 2014

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“All Politics is Local!”

A primer on communicating effectively with legislators

Seems To Me...

he county government – legislative relationship boils documentation and expert informadown to the reality that “all politics is local!” The phrase tion to legislators for or against legis“all politics is local” has been a common phrase in U.S. lation that affects county government politics for decades. The former Speaker of the U.S. — the level of government closest House Tip O’Neill is most closely associated with this phrase, which and most responsive to the people. It encapsulates the principle that a politician’s success is directly tied is, in fact, the responsibility of county to the person’s ability to understand and influence the issues of their officials to do so. constituents. An elected official must appeal to the everyday conThe crux of this article is not cerns of those who elect them to office. about conservative, liberal or moderWith the rise of the Tea Party in 2010, it was argued, “all politics ate politics but that “politicians” Eddie A. Jones is national.” It’s a good twist, and it has a ring to it. But don’t be County Consultant — your House and Senate members too quick to believe it over the long haul. Although many lo— are much more responsive to cal, district and statewide candidates run on national issues, even their “home folks.” Here are a few though they can do very little if anything about those issues, tips when communicating with your legislators, starting with the nothing changes the fact that in November the votes will be cast most important. by individuals for individuals running for individual district and statewide offices. Candidates who ignore the fact that “local Get to Know Your Legislators: It is important to become well concerns” must be taken acquainted with your legislators before care of — if elected won’t you actually need something from stay elected if they ignore them. Help them to gain confidence local issues. with whom you are and what you have To most lawmakers, to say. From the end of one session to what “the folks back the beginning of the next, you should home” think about be looking for opportunities to interact legislative issues is often he work of lobbying the legwith your legislators. Invite them to far more important than islature continues throughout visit with you at the courthouse. Show positions taken by groups them county government in action and like the Association of the year. While the work at the explain the challenges that counties Arkansas Counties. The AAC staff talks with face. Meet with your legislators regularcapitol during session is the most visible, your legislators about ly before, during and after the session. bills of interest to our the “off season” is busy as well. Bottom line — establish a rapport with membership, and we the representatives and senators that advance AAC positions represent your county so they will be in committee meetings. more accepting of your message when We provide information the time comes for requesting a vote as requested and help for or against an important issue. lawmakers prepare information for debate. We Provide Facts with Documentaare the facilitators — YOU as county officials are the key lobbyists tion Whenever Possible: One of the first things a lawmaker wants in the legislative process. to know about a bill is how it will impact his or her county. When The work of lobbying the legislature continues throughout the AAC sends out a message to “contact your legislator,” your email year. While the work at the capitol during session is the most visor phone conversation will always be stronger if you can illustrate ible, the “off-season” is busy as well. Currently, the AAC process the message with specific facts regarding how the legislation will for developing legislative objectives and priorities for the 2015 impact your county — revenues lost or gained … or the costs of a regular session is well underway. AAC staff and the AAC Legislaproposed mandate on your county. tive Committee work hard all year to ensure that county issues get a fair hearing by state legislators, but the best tool in the tool kit is Be Persistent — But Brief and Succinct: Tell your legislators YOU — the county officials who can lobby and explain how the what you want repeatedly and succinctly. Don’t assume they know specifics of policy decisions made by state government will impact what your issues and needs are. But remember legislators are inuncounty government. dated with information from multiple sources. More is not necesLobby — I keep using that term that seems to have negative sarily better. A lengthy letter or email may get placed in a pile with connotations among many … but it shouldn’t. To lobby is simply “to try to influence public officials on behalf of or against proposed good intentions to read later — never to be seen again. Then your opportunity to make your point is lost. legislation.” It is indeed noble for county officials to provide facts,

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Timing of Your Message is Important: The life of legislation is driven by deadlines in the process. When AAC sends out requests to contact legislators about a bill coming before a committee or scheduled for floor debate, a quick response is essential. The best response means nothing if it is too late. Because of the time element, AAC uses email to communicate its legislative requests to county officials. You can use technology to stay current and communicate between yourself and your legislators. Much communication occurs in real time via email. However, it is a good idea to determine whether your particular legislators have a preference for phone calls, text or e-mail.

Let’s go back to my starting thought that “all politics is local.” Here’s the full origin of the quote from Tip O’Neil’s autobiography. He’s talking about his 1935 campaign for Cambridge City Council:

Maintain Respect, Even When Being Firm: Often our positions on issues seem so logical, how could anyone else differ from our opinion? Other lobbying interests pull lawmakers in many directions, so sometimes their vote may not reflect what we want. You can still hold them accountable for a vote, but we don’t want to “burn a bridge” today when we will want their vote on a piece of legislation tomorrow.

Any state representative and state senator worth his salt wants to listen to and help their folks back home … especially other elected officials. I believe it is natural in an elected official to focus on resolving their local issues — and county government is rife with issues to resolve — many of them that will take action of the legislature. Legislators also desire to be re-elected and to accomplish that you have to take care of business at home. There are many opportunities for you to work with your legislators throughout the legislative process. The important point to remember is that the more active you are in the process, the more influence you will be able to have on legislation that could impact your county. Remember point No. 1: get to know your legislators! It will be a great investment for your county. When the 2015 legislative session starts, don’t be in the situation Mark Twain referenced in one of his quips, “If you are looking for friends when you need them … it’s too late.”

Thank Your Legislators: Don’t miss a chance to thank your senators and representatives for their help. It is important that legislators understand that we are appreciative of their efforts to address county issues, even when we don’t get everything we want. Even as you are asking for help with an issue, it is important to thank them for work they have done for your county in the past. They often have a thankless task and their jobs many times are as frustrating as ours — so a little recognition from you can go a long way. As a general rule your legislators WANT to help you.

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This was the only race I ever lost in my life, but in the process, I learned two extremely valuable lessons. During the campaign, my father had left me to my own devices, but when it was over, he pointed out that I had taken my own neighborhood for granted. He was right: I had received a tremendous vote in the other sections of the city, but I hadn’t worked hard enough in my own backyard. ‘Let me tell you something I learned years ago,’ he said. ‘All politics is local.’

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AAC names 2014 scholarship recipients Their studies include communications, finance, occupational therapy

he Association of Arkansas Counties recently announced its 2014 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 $170,000 in scholarships. Along with AAC, 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.

Jennifer Poole • Jennifer Poole – Jennifer is a 2014 graduate of Conway High School and the daughter of Faulkner County Deputy Assessor Jamie Poole. Jennifer plans to 22

Ben Worley attend John Brown University in Siloam Springs while pursuing a degree in photography. • Ben Worley – Ben is a 2014 graduate of Harmony Grove High School and the grandson of retired Circuit Clerk Catherine Richardson of Bradley County. Ben will attend Ouachita Baptist University in Arkadelphia to obtain a degree in business finance.

Damian “Jerome” Berry • Damian “Jerome” Berry – Damian is a 2014 graduate of Bearden High School and the grandson of Dallas County Collector Brenda Wilson Williams

Morgan Miller

Patrick Ameling

Black. Damian plans to attend the University of Arkansas at Little Rock, where he plans to pursue a master’s degree in forensics.

Arkansas State University in Jonesboro to pursue a degree in graphic design.

• Morgan Miller – Morgan recently graduated from Cave City High School and is the daughter of Independence County Road employee Marty Miller. Morgan will be attending Lyon College in Batesville in the fall.

• Patrick Ameling – Patrick, a 2012 graduate of Nettleton High School, is the son of Lt. Chris Ameling of the Pulaski County Sheriff’s Department. Patrick is working toward a degree in physical therapy from the University of Central Arkansas in Conway.

Alivia Rouse

Matthew Crow

• Alivia Rouse – Alivia is a 2014 graduate of Harrisburg High School and the daughter of Poinsett County Deputy Clerk Teresa Rouse. She plans to attend

• Kaitlyn Dahlke (Photo Unavailable) – Kaitlyn is a 2014 graduate of Ouachita High School and the granddaughter of Hot Spring County Treasurer

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Mary Cansler. Kaitlyn will attend the University of Central Arkansas in Conway to pursue a degree in occupational therapy. • Matthew Crow – Matthew is a 2014 graduate of Ashdown High School and the grandson of Little River County Circuit Clerk Bobbie Green. Matthew will attend Southern Arkansas University Tech in Camden to pursue a degree in aviation maintenance. • Jack Thomas – Jack is a 2014 graduate of Central Arkansas Christian Schools and the grandson of Craighead County Assessor Eddie Thomas. Jack will attend Harding University in Searcy for a degree in business management. He is the recipient of the Matt Morris Scholarship.

Jack Thomas

Katherine Kemp

The scholarship was established following the death in 1999 of Matt Morris. Matt was the son of Searcy Mayor David Morris, who is a former AAC employee. Matt was an Arkansas Razorback baseball recruit. The scholarship

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

• Katherine Kemp – Katherine is a 2014 graduate of Conway High School and the granddaughter of deceased Independence County Justice of the Peace James Kemp. She will attend Ouachita Baptist University in Arkadelphia, where she will pursue a degree in mass communications. Katherine is the recipient of the Randy Kemp Memorial Scholarship. Katherine is the great-niece of the scholarship’s namesake, Randy Kemp. Randy served as AAC communications director from July 2008 until his death in August 2011. The scholarship is funded exclusively by the annual AAC golf tournament and awarded each year to an applicant who plans to study journalism or mass communications.

AAC is proud to announce an interactive game designed for 6-12th graders and teachers that can be accessed on our Web site at www.arcounties.

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 Counties Work was created by iCivics, Inc. and the National Association of Counties (NACo).

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Returning

to the fold Greer brings hands-on experience with county government to his role as legal counsel with the association

Story and Photography by Christy L. Smith AAC Communications Coordinator

he Association of Arkansas Counties welcomed General (Lincoln County). His father worked for the planning district in Pine Counsel Jonathan Greer back into its fold on June 1. Bluff, and his mother was a bookkeeper at his grandfather’s oil comHe joins the three attorneys already on staff — Mark pany. His grandmother worked in the circuit clerk’s office. Whitmore, Brandy McAllister and Lindsey Bailey. Greer, who grew up wanting to be a lawyer, graduated from the Greer is the staff contact for the Arkansas Circuit Clerks AssociaUniversity of Central Arkansas in 1994 with a bachelor of science in tion, the Arkansas County Tax Collectors Association, the Arkansas public administration. He attended classes at the University of ArkanCounty Assessors’ Association and the Arkansas Association of Quosas at Little Rock School of Law at night to earn his juris doctor. rum Courts. Before passing the bar and joining the AAC family in 2002, Greer AAC Executive Director Chris Villines said Greer’s knowledge of worked for two years as a grants administrator at the Southeast Arkansas Arkansas law, his ability to communicate effectively to stakeholders, and Economic Development District (SEAEDD). his leadership skills make him an asset to the association. He left AAC in 2007 to serve as Saline County attorney, a posi“Jonathan’s previous tion in which he advised experience at AAC as county elected officials, the general counsel and his quorum court, the Saline time as a county attorney County planning board, the will prove to be extremely airport commission and the beneficial to our association rural fire departments. and our stakeholders. We’re “Working for Saline thrilled to have him on the County was a great experiteam,” said AAC Executive ence,” Greer said. “The Director Chris Villines. “His elected officials and employfamiliarity with county govees were extremely dedicated ernment, current trends and to serving the public.” challenges make him a great Villines, who was Saline fit for our association as we County collector for 11 years continue to grow and exand worked with Greer at pand our services for county the courthouse level, said Chris Villines elected officials across the he knew Greer would be an Executive Director, Association of Arkansas Counties state of Arkansas.” “asset to us here at the AAC” Greer served as genwhen the legal counsel role eral legal counsel for AAC became available. from 2002 to 2007. And one of the biggest successes during that five“I think it’s a grand slam for AAC to be able to pick up an attorney year tenure was getting state lawmakers to pass a recording fee increase of his caliber,” Villines said. for the Circuit Clerks Association, he said. And Greer has hit the ground running, attending summer associaAt the time, the fees paid for recording instruments such as morttion meetings and preparing for the upcoming legislative session. gages and deeds in the circuit clerk’s office were $8 and $3. He said one of his largest tasks between now and January will be to “We did a study of the states that bordered Arkansas and compared research and draft bills and find sponsors for each one. But he’s not the average cost to record instruments in their states,” Greer explained. daunted by the large task at hand. “We were at or near the bottom.” “I look forward to being able to lobby on behalf of improved county Increasing the fees to $15 and $5, respectively, put Arkansas more in government,” Greer said. “I think that working at the courthouse gave line with neighboring states, Greer said. But it “was a tremendous lob- me a better sense of what county officials face on a day-to-day basis, bying effort,” to convince legislators to support the increases, he said. and I hope that experience I gained can be useful here at AAC.” “[Circuit clerks] weren’t generating enough revenue to meet the exGreer and his wife live in Benton with their 3-year-old son, Charlie penses of their office. [The increase] put them on more sound footing, Gage. He enjoys golf and hunting, but horse racing is a passion. to meet the expenses and to keep up with the automation require“I love going to horse races at Oaklawn during racing season. This ments of their offices,” Greer said. year it occurs during the legislative session, so I might have to skip it,” Greer and his wife, Karen, were born and raised in Star City he said, smiling.

“H

is familiarity with county govern-

ment, current trends and challenges

make him a great fit for our association as we continue to grow and expand our services for county

”

elected officials across the state of Arkansas.

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Left: Little River County native Jeff Sikes served as AAC’s legislative director for seven years. Right: Sikes was honored for his service to AAC at a July 18 open house. He is pictured along with retired AAC Governmental Affairs Director Wes Fowler and AAC Executive Director Chris Villines.

Sikes retires from legislative director post e H earned the respect of elected officials with his knowledge of the issues

By Christy L. Smith AAC Communications Coordinator

he Association of Arkansas Counties honored retiring Legislative Director Jeff Sikes at a July 18 open house that was attended by approximately 150 county and state officials. “Jeff has been a part of the AAC family for many years, and we will miss his presence and influence on our team,” said Chris Villines, AAC executive director. “He has been an advocate for county officials and has helped AAC improve county government through countless pieces of legislation, educational projects and presentations and legislative advocacy. We wish him the very best in his next journey.” Sikes began working for AAC in 1990 as an administrative assistant and later transitioned into the role of staff attorney. He worked for AAC for nine years, then left to become a private lawyer. While in private practice, Sikes continued to work with AAC as a contract lobbyist. But, he said in a 2008 interview, his private-sector experience provided him an up-close and real-world view of the state’s court system, which is so integral to county government functions. “It brought a lot of that stuff in from the abstract,” he said. “There’s a world of difference in how it’s done in the law and how it’s done in the real world.” In July 2007 Sikes returned to work for AAC as its legislative director and served as the staff contact for the Arkansas County Clerks’ Association, the Arkansas Circuit Clerks’ Association and the ArkanCOUNTY LINES, SUMMER 2014

sas County Treasurers’ Association. He also was a valuable advisor to AAC’s legislative committee, said Debbie Wise, Randolph County circuit clerk and chairman of the legislative committee. “Jeff Sikes taught me most everything I know about the legislative process. I would go with him and follow him around the Capitol. Jeff was very respected. I could tell that they trusted him,” she said. “He encouraged me. I wouldn’t know what I know today without him. He had a great deal of knowledge, and he was very well respected and loved by the people who were up there on that hill.” Sikes is a lifelong native Arkansan who hails from Little River County. The grandson of former Little River County Judge Ray Sikes, he has been in and around Arkansas county government most of his life. In fact, Judge Sikes was one of the founding members of AAC, along with former political legends Marion Crank, Shug Banks and Jim Pledger. Jeanne Hunt, executive assistant to AAC’s director, said she and Jeff struck an easy friendship when he started working at AAC. She said his transition into county advocacy was seamless. “He has always had the best ‘homespun’ stories from back in Little River County, and he has certainly entertained us many a lunch hour,” she said. “If someone needed a helping hand, Jeff was always the first to offer. After coming to AAC, Jeff quickly became the ‘go-to’ person for questions from our officials.” Though Sikes and his wife, Linda, call Little Rock home, they have purchased an RV and plan to spend their retirement traveling. 27

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911 Blue Ribbon Committee members gather in East Arkansas for testimony, tour of centers Wireless phone fees, equipment upgrades, state-level oversight are topics

he Legislative Arkansas Blue Ribbon Committee on Local 911 Systems met in East Arkansas in July to discuss funding and other issues preventing county and city emergency communications systems from operating as effectively as possible. Sen. Linda Chesterfield chaired the meetings, which took place in St. Francis and Lee counties. Call center funding was the first issue to be addressed. Counties across the state annually spend $20 million out of their general fund budget to support these centers. However, they were meant to be self-supporting through the fees charged of landline and mobile telephone users. Landline users pay a percentage of their total phone bill, while mobile phone users pay a flat 65-cent fee. As Arkansans abandon their landlines in favor of mobile phones, a funding shortfall is created. “The state of Arkansas leads the nation with 35.29 percent of Arkansans having only a cell phone,” said Gary Gray, chairman of the state’s Emergency Telecommunications Service Board and the 911 operations manager in Little Rock. He said that 80 percent of the 911 calls placed in the state of Arkansas come from wireless phones. As 911 Blue Ribbon Committee members toured the St. Francis County Detention and Dispatch Center following its July 16 meeting, indications of support for a fee increase were tempered with caveats about the difficulty of passing such legislation. “You’re going to have to fight that battle with us,” Sen. Chesterfield told those on the tour. “We have to deal with this issue in an anti-tax climate . . . Everybody in here is going to have to step up to the plate.” Committee members also heard testimony regarding equipment and data upgrades, as well as suggestions that an oversight body be established to ensure that all 911 call centers in the state have the same level of technology and can, therefore, adequately communicate with one another. Next Generation 911 is a wireless telephone service that allows dispatchers to receive emergency communications by text message. Photos and videos can be texted to dispatchers to help them better respond to an emergency call. “The four big [wireless phone] carriers are ready for 911 texting,” Gray said. “911 call centers in Arkansas are not.” No call centers in the state have signed on for Next Generation 911 yet, but some have indicated an interest. The problem is that if call centers do not have the same level of technology, then transferred calls can be lost between jurisdictions. “We need to ensure all 911 centers have the exact same technology. We need to tell them not to proceed with Next now. If we don’t there will be some 911 calls that will fail,” Gray said. That is where a state-level oversight committee could help, he and others suggested. 28

Top: Dispatcher Alena Hillis fields a 911 call during the committee’s tour of the St. Francis County Detention and Dispatch Center in Forrest City. The committee also toured the Forrest City Police Department’s 911 Call Center. Bottom: Shane Dallas, emergency management coordinator with the St. Francis County Emergency Management office, describes what dispatchers see on the display screen when they receive a 911 call.

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Extension, counties mark a century of cooperation

By Mary Hightower For County Lines

ne-hundred years ago, President Wilson’s signing of the Smith-Lever Act created a national initiative that he called “one of the most significant and far-reaching measures for the education of adults ever adopted by the government.” That initiative is known today as the Cooperative Extension Service.

tor, director of county operations for the Cooperative Extension Service. “The County Extension Council System is designed to provide local stakeholder support for county Extension agents to plan, implement, evaluate, market, and support the local educational program.” On another level, the list of alumni from Extension’s LeadAR leadership development program boasts of members elected to quorum courts in Arkansas, Bradley, Columbia, Cross, Faulkner and Union counties, not to mention a county judge, a county assessor and a coroner.

Learning to vote What is the Extension Service? In July, Boone County youth ages 8-18 took part in 4-H Splash, a Simply put, “extension” means “reaching out.” Along with teaching citizenship program. Youth toured the county courthouse, heard from and research, land-grant universities extend their resources, solving public the county judge, treasurer and circuit clerk, participated in a communeeds through non-formal, non-credit programs. “Cooperative” stems nity service project, and a workshop on the types of governments, said from a partnership between federal, state and county governments. Nita Cooper, Boone County Extension staff chair. The lesson included “Our partnerships with the counties — at all levels — is absolutely a hands-on experience in the voting booth guided by Boone County essential to our mission,” Clerk Crystal Graddy. said Tony Windham, “We wanted our youth director of the Cooperato not only understand tive Extension Service in the importance of voting, Arkansas. “That’s why we but also the importance of have offices in all 75 counhaving someone be able to ties — to be of service and step into the roles of county to be an integral part of the clerk, or judge or quolocal communities.” rum court member in the “We want to encourage future,” Cooper said. our county officials to speak “The presentation by with the local extension Crystal Graddy was very agents to explore how we useful. It helped us to see Tony Windham Director of Cooperative Extension Service in Arkansas can better support them in how technology has changed meeting their local needs,” the voting process. It helped he said. to prepare us for the future,” Its singular mission was to bring the most modern agriculture research said Brennan Boone, a Boone County 4-H Teen Leader. “We learned to farmers to improve their yields and earnings, and increase the availabout the value of voting, and that voting is a right and a privilege. It ability of food and the standard of living for all. In Arkansas, the extension helped to broaden our view of the role of government.” service is half of the University of Arkansas System Division of Agriculture. The other half is the Arkansas Agricultural Experiment Station, “We Love VBC” which conducts research presented to end users by extension educators. Extension’s “Breakthrough Solutions” program, which helped Today, the University of Arkansas Cooperative Extension Service breathe new life into Harrison’s downtown, is taking its first steps works in four main areas: agriculture and natural resources; 4-H youth in Van Buren County, said Mark Peterson, professor-economic and development; family and consumer science; and community and community development. Working with the county judge and others, economic development. “We Love VBC” came to life. This group is devoted to first revitalBeyond the historic partnership that evolved from the Smith-Lever izing downtown Clinton, and helping bring a new energy to all of Van Act, the Cooperative Extension Service works closely with counties at Buren County. many levels. The first actions will be to repaint and repair buildings in downtown Clinton and create two murals designed by nationally recognized County leadership artists. And these steps are more than just cosmetic, Peterson said. The Cooperative Extension Service has offices in each county, and “This changes the conversation in the community from a negative each office has an advisory board called the County Extension Counfocus on all of the vacant buildings downtown to ‘have you seen what’s cil. Every county judge has a seat on this council, which is critical to going on? So-and-so has moved a new business downtown’,” he said. guide local extension work. “It’s about developing momentum.” “The effectiveness of a county’s Extension program depends on Breakthrough Solutions is also at work in Montgomery, Scott and involvement of local citizens in program development,” said Martha Sar- Polk counties.

“W

e want to encourage our county

officials to speak with the local

extension agents to explore how we can better

”

support them in meeting their local needs.

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story

The EF4 tornado that hit Arkansas on April 27 beat a 24-mile path of destruction from western Pulaski County to Faulkner County and on to White County.

After the Storm Recovery efforts have been fueled by cooperation among many jurisdictions.

Story by Kitty Chism Photography by angie davis For County Lines

aulkner County Judge Allen Dodson was enjoying Sunday dinner with his mom and siblings when he heard the first foreboding alerts on his cell phone. The threatening storm moving in from the west was developing tornado strength. Dodson bolted from the table, jumped into his white pickup and sped across town to the county Emergency Operations Center, his go-to bag in hand and satellite radio blaring. He reached the menacing gate of the wedged-into-a-cliff, state-of-the-art center off Hogan Lane just minutes after Sheila McGhee, his director of Emergency Services. Then he took a seat with her crisis team around the conference table, their voices low, their laptops glowing, their eyes fixed alternately on a big-screened television and giant wall map as they plotted the path of this storm with the help of radar, news reports and calls from expert storm trackers. It was April 27, 2014. The origin of this powerful squall, Arkansas’ worst in a half-century, was a polar front that had plunged down the Rocky Mountains, fueling a half-mile wide, rotating super-cell that gathered speed as it traveled. It touched ground a little after 7 p.m. Then it beat a 24-mile path of destruction from Ferndale to Vilonia. 30

“The real trigger for our response, after we knew for sure that the tornado had touched down, was the call from [Mayflower Fire Chief ] Carl Rossini telling us what he saw happening,” McGhee said. Rossini had been standing in the parking lot behind Mayflower’s City Hall, watching the shadowy swirl of the angriest storm he had ever seen, snapping power lines, mangling trees and scrubbing houses right off their slabs. The sight was riveting until it became terrifyingly clear that the debris-spewing tempest was headed straight for him and the City Hall safe room, where he had encouraged a dozen city workers and friends to take cover. Then, just as the funnel got within a few thousand yards of him, it made a sharp turn northeast across the interstate. He actually saw it pivot, heard it roar into the RV dealership on the other side of the highway and felt its deadly force as it blew out windows and sheared off roofs of everything it did not demolish. By then Rossini was set to turn his office into a mini command center for local search, rescue and medical responders, volunteers and road department crews. By the time he saw the funnel pivot, he was already COUNTY LINES, SUMMER 2014

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A statewide mutual aid system approved a decade ago allowed other counties, including Garland County, and cities to aid Faulkner County. hearing 911 reports of people lodged under debris, crushed behind shelter doors, bleeding from flying timber and holed up under staircases in the River Plantation subdivision west of his town. A swath of elegant brick homes there had been reduced to ruins. There were casualties already, too, just as there were all along hard-hit Dam Road beside Lake Conway. And disoriented residents were wandering around in shock, searching for their homes, kin and belongings in the rain as dark descended over the landscape with no electricity or cell phone service anywhere — except in City Hall and the Emergency Operations Center. Rosinni didn’t go to sleep for the next 24 hours. Neither did McGhee and several others at the Operations Center who would log more than 100 hours in the next five days. Their first task was relaying crisis alerts to all of the other jurisdictions in the predicted trajectory of this dark, angry column. “We [trained emergency managers all over the county] all had our Weathernet [high powered satellite] radios, so we could keep talking to each other on a single channel as we kept an eye on the path of the storm,” McGhee said. The actual route of destruction was made clear by the waves of 911 calls that poured in from first one area and then another. McGhee’s team then moved seamlessly into their targeted response mode, notifying water and utility companies, contacting teams of medical, security and law enforcement workers standing by, and finding equipment, including backhoes and bulldozers to clear the roads where callers reported that people were trapped or injured. Within minutes first responders were racing to the hardest hit areas, making way for utility trucks to tend to gas and electrical hazards. Next to get there were search and rescue vehicles, fire trucks, dump trucks and ambulances to extract people suffering from everything from collapsed COUNTY LINES, SUMMER 2014

lungs and gouged heads to fractured ribs and broken hips. More than 100 people were rushed to Conway Hospital before the night was over, while rescue teams continued to look for the missing and dead, sending regular reports of the heartbreaking scene back to McGhee. Red Cross volunteers moved in quickly, too, to open shelters for those with no place to sleep or even any way to get to friends or family, their mangled cars strewn across the terrain like contorted Matchbox toys. “I think we did better at everything this time,” McGhee said of her operations center’s response compared to tornados in the past. “One thing that really helped is that Dodson is such a take-charge leader and such an advocate of preparedness.” You could hardly blame him. Less than two months after he was appointed county judge in early 2013 an underground Exxon pipeline burst in Mayflower, forcing widespread evacuations, fears of toxic exposure and months of cleanup. By sheer chance, however, just weeks before this tornado, Dodson had called together everyone around the county involved in emergency response for a series of storm readiness dialogues and refresher training. “We put together ‘go-to bags’ of personal supplies, food, water and batteries so we could each be self-sustaining for several days out there if necessary,” McGhee said. “We made sure everyone knew how to use the radios, which I had all cleaned, and we practiced. Little things, maybe, but if you can’t communicate you can’t tell someone, ‘hey we need something over here.’” The exercise paid off. In the end there was only one house fire in the whole tornado path, Rosinni said. The official death toll was 16, including a baby declared stillborn after the mother was critically injured. See

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TORNADO The county coroner said he had expected more, considering the EF4 magnitude of this storm, the second strongest category of twister force, on a rampage that robbed 300 families of everything they had. It was up to Dodson, as chief executive of the most affected county, to officially declare the scene a national disaster qualifying for FEMA assistance. After that, he said, the close coordination of Faulkner’s resources with those of Lonoke, Conway, Cleburne, Perry and Van Buren counties became key. And that was only possible because of a statewide mutual aid system, approved by lawmakers just a decade ago, allowing counties and cities to help other jurisdictions in disasters, no matter the cost to their own taxpayers. “This was just a terrific example of the benefit of making that permissible,” he said. “Immediately I got calls from the other county judges, the very first being Doug Erwin in Lonoke, asking what we needed. We were at full deployment at that point, and we needed back hoes, chain saws, dump trucks, tractors, bobcats, you name it, to help clear a path. There was unbelievable destruction, unbelievable piles of debris. The other road departments were a great resource. And MEMS [Metropolitan Emergency Medical Services ambulances subsidized by Faulkner County, Pulaski County and Maumelle taxes] was crucial.” County Coroner Pat Moore lost his own home near Vilonia to the tornado during the hours he and his seven deputies were tending to the fatalities. Yet he, too, echoed Dodson’s take on the extraordinary value for first responders, mentally and physically, of mutual aid. Five minutes after the tornado hit, he said, “eleven different coroners were texting me.” Without knowing the scope of damage at that point, he nevertheless knew he would have more than enough additional help if needed, which is important when most of the dead are found in their homes by distraught family members, he said. “We were able to do our job with dignity and respect and get it done without a hiccup,” Moore said. Only then could the debris-removal and cleanup really begin, but people, once they have processed what happened to them, always want it done as quickly as possible so they can put it behind them and go on with their lives, Vilonia Mayor James Firestone said. He knows. Three years ago a twister battered the close-knit town he has lived in all of his 60 years, killing four residents and tossing roofs and fences around like matchsticks. It took Dodson a few days to assess the full extent of this disaster’s damage. By then it became clear to him that the quickest and most cost effective approach would be for the county to oversee all the cleanup using mostly local government crews and equipment to clear the uprooted trees and mountains of drywall, shingles, carpet, pipes, furniture and, oh yes, 83 dead cattle. Firestone, a part-time mayor who also works for the Little Rock Port Authority, still recalls the relief he felt when Dodson notified him that the county would take charge of it all. Managing the storm recovery three years ago had fallen entirely on his shoulders and it was backbreaking, he said. “But this was just so much more massive, whole sections of the town including older homes and landmarks [were flattened],” Firestone said, surveying the scene three months later. Driving around triggers headshaking story after story of what used to be in this city where he knows literally everybody. He stops at a clearing of empty house slabs. “Now here, just think of it: There were 56 houses, I mean, sturdy, substantial houses, and only one left standing . . . That church over there had just built a new gym. That gas and service station, completely destroyed except for one back room . . . Here is what is left of our brand new middle school. That’s insulation flapping from those tower joists, everything else was wiped out . . . This little shopping center, it had a bank and the Cockadoodle Dough cookie shop. Gone. In here we had Mr. 32

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Fred’s donut shop, my little granddaughter’s favorite. Gone. Our park, five ball fields, light poles, fencing, concessions. All gone.” As he expected, it would be tougher for residents the second time around to get the crumbled remains of their lives off their property and out in the street where county haulers could pick them up and take them to FEMA-approved dump sites. Thankfully organizations of volunteers like Team Rubicon, a veterans group, and the Arkansas Dream Center, an organization dedicated to helping hurting people, offered help for those people. “We could not have done it without them,” Dodson said. “And gradually we’re all coming back,” Firestone said as he pulled his truck back into the parking lot of City Hall. Indeed the evidence is everywhere. Keith McCord has opened the mechanic shop portion of his gas station and has more business than he can handle. Another new school is already on the drawing boards. And plans are in place for a new, bigger ballpark. Recovery is visible in Mayflower, too, where the Lumber One hardware store in the center of town and a metal works company appear back in full operation although the owners of True Value will retire instead. Major new construction and fixing up is underway along Dam Road. And in the River Plantation neighborhood you can’t help but admire people like Robin Sanders and her husband Thomas. They tore down their elegant waterfront home and set up a 39-foot motor home to live in while they design a replacement. The idea is to move on, said Robin Sanders, who understands starting over after losing her first husband a few years ago. “My mom asked me if I cried at all, and I said ‘But our lives were spared, and I know a lot of families whose were not.’” You sense that gratitude in practically everyone touched by the twister whose resolve intensified when they saw how much other people wanted to help them, too. You sense that from the sign outside Mayflower’s Northside Apostolic Church that now reads: “All is well. And then some.” You also hear it when outsiders look in and are somehow reassured about humankind. “I could not be more impressed by the spirit of community that is here,” President Barack Obama told officials in Vilonia when he visited a week after the disaster. “The community has responded.”

Volunteers and donations are still needed to assist Arkansans affected by the April 27 tornado. Here are a few of the organizations that continue to aid victims: Arkansas Dream Center www.ardreamcenter.tv/tornado/ (501) 232-0630 Arkansas Rice Depot www.ricedepot.org (Click on “Disaster Relief”) (501) 565-8855 Faulkner County Long Term Recovery www.faulknerrelief.com United Methodists of Arkansas www.arumc.org/arkansas_disaster_response

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C ounty O fficial

P rofile “It’s a unique situation for an Arkansas county. It’s hard for [officials in other counties] to understand why some of us are so concerned about the

Forest Service and the federal government.”

— Alvin Black, Montgomery County Judge

Above: Judge Black tells members of the Arkansas Legislature, “Do what you can to make sure our fragile economy in Montgomery County and the surrounding region is not destroyed by overly protecting a mussel.” Right: Judge Black begins each day the same way his father, who was an elected county official, did — by seeing off the road crew, and then attending to business in the courthouse office.

Judge is advocate for rural counties By Christy L. Smith AAC Communications Coordinator

Federal monies, legislation are everyday worries for official in Montgomery County

t’s no exaggeration to say that Judge Alvin Black grew up in the two-story stone building that has housed Montgomery County government since 1923. With parents who served as elected county officials — his father was sheriff, county clerk and judge for a total of 22 years; his mother was county clerk for three terms — Black had many occasions to walk the courthouse halls as a youngster. In fact, one of his fondest memories is escorting his father to work. “One of my earliest memories is going with my dad before 34

school,” Black said. “He would go up to the road department and see the road crew off in the morning, and then we’d go back home and have breakfast. Then I would go to school.” It’s the same ritual that Black follows today — minus the school part. “It’s really surreal in a way because that’s what I do now. I go to the road department and see them off in the morning, and then I come up here,” he said. Black, a native of Mount Ida, is in his third term as Montgomery County judge. He previously served 14 years as county treasurer. And though he is surrounded by a rich history every day that he goes to work, he faces a set of challenges much different from those of other counties, even in Arkansas.

ontgomery County spans 800 square miles and has a population of about 9,400 people. Known for its quartz crystal COUNTY LINES, SUMMER 2014

C ounty O fficial

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Judge Alvin Black, who starts every day by seeing the road crew off, gets an update from grader operator Bart Williams. The county has 1,100 miles of roads, only 100 miles of which are paved. deposits and its expansive share of the Ouachita National Forest and Lake Ouachita, as well as the Ouachita, Caddo and Little Missouri rivers, the county draws thousands of recreational sportsmen each year. Yet these same attractive natural resources are at the heart of a county financial crunch. Approximately 70 percent of Montgomery County is owned by the federal government — about 60 percent belongs to the National Forest Service; the remaining 10 percent belongs to the U.S. Army Corps of Engineers. The federal government is not subject to state or local taxes, so less than one-third of the county produces revenue in support of county-paid services. As such, Montgomery County is heavily dependent upon monies generated by the recreation industry and provided under federal programs such as Payment in Lieu of Taxes (PILT) and the Secure Rural Schools and Community SelfDetermination Act of 2000. “It’s a unique situation for an Arkansas county,” Black said. “It’s hard for [officials in other counties] to understand why some of us are so concerned about the Forest Service and the federal government.” The reason for the concern is simple: The money is in jeopardy.

ILT payments compensate counties and local governments for non-taxable federal land in their jurisdictions. Secretary of the Interior Sally Jewell announced in June that 59 Arkansas counties would receive $6.3 million in PILT allocations for fiscal year 2014. Montgomery County’s share of that was nearly $645,000, and Judge Black said the money goes into the county’s general fund each year. “It makes up about 25 percent of our general fund revenue,” he said. “So if that ever gets reduced significantly, it’s going to hurt.” From 2008 to 2012, the PILT program was funded under the Emergency Economic Stabilization Act of 2008. The Moving Ahead COUNTY LINES, SUMMER 2014

for Progress in the 21st Century Act provided funding for the program in 2013. This year’s PILT program is the last to be funded under the Agriculture Act of 2014, which reauthorized PILT for 2014 and funded the full entitlement levels of the program, according to a news release from the Secretary of Interior’s office. President Barak Obama’s fiscal year 2015 budget proposes to extend mandatory full funding for the program for another year while a sustainable long-term funding solution is developed for the PILT program. “Rural communities contribute significantly to our nation’s economy, food and energy supply, and help define the character of our diverse and beautiful country,” Secretary Jewell said. “President Obama has made job creation and opportunity in rural areas a top priority for his administration and has fought for continuing the PILT program, which is a lifeline for many local communities.”

he Secure Rural Schools and Community Self-Determination Act of 2000 amended the U.S. Forest Service’s payment program to states and counties containing National Forest Service lands. “It amounts to about one-and-a-half million dollars a year,” Black said of Montgomery County’s share. The money is divided between the county road department and the three school districts in the county, with some set aside for the county to maintain the forest recreation areas. The act originally expired in 2006 but has been renewed each year at reduced spending levels. If it is not renewed for 2014, then the payments will be based on guidelines set out in a 1908 act that bases them on timber sales. See

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BLACK

Judge Alvin Black points out his mother, Essie Black, in a photograph of Montgomery County county/circuit clerks that hangs on the wall in the courthouse hallway. His father, Bill Black, also served as county/circuit clerk and is featured in the photo collage. “So it becomes a very erratic payment,” Black said. “It could vary hundreds of thousands of dollars from one year to the next, so it makes it almost impossible to budget because you don’t know how much you are getting.” The more immediate problem, though, is that Montgomery County has not yet received all of its 2013 allocation. “There’s some set-aside money — money that is set aside for special projects — that we haven’t gotten yet,” Black said. These special projects must be approved by a Resource Advisory Committee. “Until they . . . go over these projects, then even though we’ve been allocated the money, we can’t have it,” Black said. “It’s frustrating because I had three people employed with this money, and I had to lay them off back in February.” After several delays, the committee finally met July 15 and approved two special projects Black had requested: funding the county’s Recreation Area Maintenance Program through 2015 — thereby putting the three laid-off employees back to work — and extending for another two miles the chip and seal surface on Logan Gap Road. The three recreation employees are charged with maintaining the campsites and recreation sites throughout the county, but the National Forest Service has closed virtually all of its recreation areas to overnight camping due to a flash flood that killed 20 people — many of them children — four years ago.

ecreation is Montgomery County’s largest industry, but campground closures have begun putting a dent in the revenue generated when visitors buy groceries, gasoline and other items. “We were taking care of probably a dozen recreation sites around the county, and with them closing them to overnight camping, they 36

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are giving people fewer reasons to come here,” Black said. The campsites have been closed since June 2010, when heavy rains swelled the Little Missouri and Caddo rivers. Campsites in the Albert Pike Recreational Area in the Ouachita National Forest were flooded. Afterward, federal agencies re-evaluated the placement of their campgrounds and discovered that almost all of them were located in a flood plain. “I understand the reasoning for not wanting to locate them there because of the danger issue, but on the other hand, that’s where people want to camp is next to a stream,” Black said. “What I tried to get across to them, but it seems to be falling on deaf ears, is if you’re going to close these areas to recreation or to overnight camping, build us another one somewhere. But they’re having financial problems just like the counties are.” Black said that from a financial standpoint 2014 has been the “toughest” year for Montgomery County. “We’re kind of just a little on edge. Financially speaking, we’re better off than a lot of counties our size, and I think that’s largely due to our being very conservative with our revenue projections,” he said. “We haven’t had a reduction in revenue projections since 2004, but we’re getting pretty close to having another one.” A U.S. Fish and Wildlife Service (FWS) proposal to designate a 13.6-mile section of the Ouachita River from the bridge at Sims to the bridge at Oden as a critical habitat for the Neosho Mucket and Rabbitsfoot Mussel compounds the financial challenges facing Montgomery County. “It’s not a large section, but one of the few big businesses we have left in the county is Camp Ozark, and they are on that section of the river,” Black said. “I want to keep the little bit of economic base left in our county. We lost a shoe factory last year, and that was about 80 jobs that we lost.” Camp Ozark is a Christian summer camp that Black says brings “several million dollars a year to Montgomery County.” A critical habitat designation along the portion of the river where Camp Ozark operates might force the camp to consider doing business elsewhere, “and we don’t want them to do business” elsewhere, Black said. But under new rules proposed by FWS last year — and opposed by Arkansas legislators in Washington, D.C. — FWS would not have to consider the economic impact such designations would have on local communities. It would only have to consider the cost to the federal government. “In fact, they say there is no local impact, but we know that just isn’t true,” Black said.

lack and his five brothers grew up on a 400-acre farm in Mount Ida, where his parents raised cattle and had chicken houses. He remembers feeding and watering the chickens after school and on weekends when he was young. His mother, Essie Black, died in 1986, and his father, Bill Black, is 96 years old now. The cattle and chickens have long since been sold. Most of the brothers have moved back home, with the exception of one who is a missionary in Turkey. Black graduated from Mount Ida High School in 1975, and then earned a degree in forestry from the University of Arkansas COUNTY LINES, SUMMER 2014

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BLACK at Monticello. “It’s kind of a long ways from what I’m doing now, but it does help in my dealings with the Forestry Service,” he said. “I understand how they operate a little more than some people might.” After college, Black worked for a couple of different consulting firms before taking a job at a sawmill in Union County. When he moved back home in 1986, he went to work for the Arkansas Forestry Commission as a county ranger charged with helping nonindustrial private landowners manage their forestlands. He worked for his father on the farm for about a year before waging a successful campaign for county treasurer in 1994. Black already knew a bit about campaigning. As a boy he had knocked on doors with his father. Still, his father was ready with advice. “He told me, ‘Remember who you talk to,’” Black said, explaining that he would come home from a day of campaigning but not be able to tell his father the names of the people he had encountered. “He also said that when you get elected to office, you quit having opinions,” Black said. “That’s been real hard for me. I want to tell people what I think about certain issues, and sometimes you have to bite your tongue when you’re in this business.”

hat hasn’t stopped Black from taking leadership positions in organizations poised to keep federal funds flowing into rural

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counties like Montgomery County. He serves on the National Association of Counties’ (NACo) Public Lands Committee, which meets twice a year. He also regularly attends NACo’s legislative conference in Washington, D.C., where he and other county elected officials from around the country lobby legislators for vital funding. Black said that the Arkansas delegation has been supportive of his efforts. The challenge, he said, is appealing to legislators from states unfamiliar with the complexities of a rural county with so much federal land. “Only 14 other counties in Arkansas have federal land or receive these Secure Rural School payments, so it’s hard to make some of them understand why this is so important to us,” he said. “It’s the same way in the United States. The bulk of the federal land is in the western states, so it’s hard to convince people from other parts of the country . . . that this is not just a western problem.” Though his affiliation with NACo takes him away from home on occasion, Black said he feels honored to be able to lobby on that level for Montgomery County. “Some people may not think that the trips to Washington are important or that the national conference isn’t important. That million and half we get from the Secure Rural Schools or that $500,000 we get from PILT, that’s why I go. To keep that money flowing,” Black said.

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Board Profile Debra Buckner

peach cinnamon cobbler and cold homemade ice cream. I like to eat!

Office: Treasurer/Collector since January 2001.

When I’m not working I’m: Boating on Lake Ouachita, RV camping or taking a nap!

County I was born in: Garland County The accomplishments of which I am most proud: Over 30-year marriage to the same man!!!

What I like most about my county: Centrally located. Lots to do here. Can get to anywhere in state in three hours.

The hardest thing I have ever done is: Care for my mother with Esophageal/Lung cancer in the last year of her life. A bittersweet blessing.

The best thing about living in Arkansas: My family is here, the changing seasons and Southern Hospitality.

If I wasn’t a county treasurer/collector, I’d be: A full-time volunteer.

Debra B uckner, Pulaski I got started in county government because: County I wanted a career change. Banking for 25 years You might be surprised to learn that: I’m taking tennis created burn out. lessons. Also, I sing in Praise Band at Lakewood United Methodist Church every Sunday.

My favorite meal: Mom’s Angel biscuits, real butter, sautéed squash and onions, perfectly ripe, sliced and salted Big Boy tomatoes, pinto beans, fried okra, mashed potatoes, hot

My pet peeve is: Phony, fake, disingenuous behavior. Be true to yourself!

Patrick Moore

My favorite meal: My son Tate’s pulled-pork barbeque with baked beans and coleslaw.

Office: Faulkner County Coroner.

When I’m not working I’m: What?!? I’m always working! But I like to travel.

County I was born in: Desha County. The accomplishments of which I am most proud: Professionally: Helping bring coroners’ offices around the state to a higher standard. Personally: My three children and six grandchildren.

What I like most about my county: The diversity! The people, the cultures, the land. The best thing about living in Arkansas: It IS the Natural State! As great as it is to travel the country and see the beauty of other states, it’s always nice to come home. Patrick Moore, Faulkne r Coun ty I got started in county government because: My training, education and experience brought me to this profession. I love my job and the people I work with every day. It’s rewarding to know I’ve made a difference. COUNTY LINES, SUMMER 2014

The hardest thing I have ever done is: Respond to the death of my friend and deputy coroner. If I wasn’t a county coroner, I’d be: An instructor in forensic science. You might be surprised to learn that: I’ve only had three jobs in my life.

My pet peeve is: Nitpickers that don’t know what they’re talking about.

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AAC honors retiring employees at open house

Above Left: AAC Executive Director Chris Villines laughs with retiring staff members Jeff Sikes and Wes Fowler during a July 18 open house that attracted AAC friends and family from across the state. Above Right: AAC Risk Management Administrative Assistant Elizabeth Sullivan and intern Kate James cut the Arkansas-shaped cake. Right: Poinsett County Assessor and former AAC Board Member Johnny Rye and Clark County Assessor Kasey Summerville catch up. Bottom Left: AAC Accountant Cindy Posey and Tonya Villines, wife of AAC Executive Director Chris Villines, visit during the open house. Bottom Right: Chief Deputy State Treasurer Debbie Rogers, Mississippi County Treasurer Peggy Meatte and State Treasurer Charles Robinson.

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Sheriffs’ Association meets in historic Eureka Springs

Left: Arkansas Sheriffs’ Association Executive Director Ronnie Baldwin works the sign-in table. Middle Left: Capt. Clayton Edwards, jail administrator in White County, discusses the success he’s had with Guardian RFID Inmate Management Technology since 2010. Middle Right: AAC Executive Director Chris Villines tells jail administrators that Guardian RFID Inmate Management Technology will now be available to the 46 counties in AAC’s Risk Management membership pool. Also pictured are Vena Cupp of Crawford County, treasurer of the Jail Administrators’ Association, Guardian RFID President Ken Dalley Jr., and Marty Brazzell of Miller County, vice president of the Jail Administrators’ Association. Bottom Left: Columbia County Sheriff Mike Loe, Faulkner County Sheriff Andy Shock and AAC Chief Legal Counsel Mark Whitmore socialize between meetings. Bottom Right: Washington County Sheriff Tim Helder gets a shoe shine at a vendor booth.

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Collectors earn their dragon slaying cards

Top Right: Crittenden County Deputy Collectors Betty Palmer (left) and Tawanna Brown (right) wish Crittenden County Collector Ellen Foote a happy birthday on the last day of the continuing education meeting in Conway. Middle Left: Lawrence County Collector Stephanie Harris; Brenda Lindner, sister of Randolph County Collector Norma Pickett; and Randolph County Collector Norma Pickett complete a worksheet during a continuing education session. Middle Right: Sebastian County Treasurer/Collector Judith Miller (right) visits with speaker Dr. Charles B. Saulsbery II and his wife, Sarah, following a presentation entitled “Dealing with Dragons.” Dr. Saulsbery focused on keeping a positive mental attitude while working with difficult people. After his presentation, Dr. Saulsbery gave each person in attendance a “Certified Dragon Slayer” card. Bottom Left: Ron Jones, Delinquent Tax Collections Manager for Pulaski County, focuses on the Friday morning program. Bottom Right: Jordyan Martin, daughter of Clark County Chief Deputy Collector Tina Martin, draws names from a bag for door prizes on the last day of the session.

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County clerks hold June meeting in Fort Smith Right: Travis Blankenship, owner and senior consultant with Threat Assessment Consultants LLC, discusses workplace violence with the county clerks. He said about 2 million American workers are victims of workplace violence each year and courthouses are prime targets because of the wide array of people who enter their doors every day. Middle Left: Columbia County Deputy Clerk Phyllis Disotell speaks with attorney Mike Rainwater, whose presentation focused on human resources issues such as sick and vacation leave, workers’ compensation and FMLA leave. Middle Right: Randolph County Clerk Bobbie Lane and Ashley County Clerk Genie Kersten review a copy of a resolution supporting a special session of the 89th General Assembly and additional funding for county jails. The association subsequently adopted the resolution. Bottom Left: Rob Hammons from the Arkansas Secretary of State’s office promises the clerks better communication from his office, fields questions about possible legislation and addresses election issues such as aging equipment. Bottom Right: Cross County Deputy Clerk Misty Wheeler and Little River County Clerk Deanna Sivley listen to a speaker during the June continuing education meeting

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Treasurers elect officers, award 3 scholarships

Right: Clark County Treasurer Judy Beth Hutcherson, president of the Treasurers Association, hugs Auditor of State Charlie Daniels, who is retiring this year. Below Left: Pike County Treasurer Loletia Rather helps give out door prizes at the end of the two-day continuing education conference. Below Middle: Craighead County Treasurer Terry McNatt will replace Washington County Treasurer Roger Haney as the association’s legislative director. Below Right: Phillips County Treasurer Becky Gattas and Greene County Treasurer Debbie Cross look through some of the materials on the registration table. Bottom Left: Poinsett County Treasurer Tammie Stanford and Prairie County Treasurer Judy Burnett mark their ballots for association officers. Bottom Right: President Judy Beth Hutcherson awards a $1,000 college scholarship to Kaitlyn Dahlke, granddaughter of Hot Spring County Treasurer Mary Cansler. She was one of three scholarship recipients.

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Judges garner visit from former Miss Arkansas Left: Dallas County Judge Jimmy Jones, secretary/treasurer of the County Judges Association, watches as White County Judge and Association President Michael Lincoln takes a “selfie” with Miss Arkansas 2013 Amy Crain. Below Left: Paul Colter from the Arkansas Office of State Procurement discusses the assistance his office can provide. Below Middle: Polk County Judge Brandon Ellison shares information about the Unpaved Roads Program. Below Right: AAC Legal Counsel Jonathan Greer and AAC Executive Director Chris Villines visit with Madison County Judge Frank Weaver during a break. Bottom Left: Randolph County Judge David Jansen peruses a conservation practices catalog while Clay County Judge Gary Howell asks about water conservation funding. Bottom Right: Stone County Judge Stacey Avey, who spoke about unpaved roads earlier, listens to a speaker while Sebastian County Judge David Hudson takes notes.

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Coroners study crime scene photography

Top Left: ALETA instructor Juan Reyes gives Yell County Coroner-elect Donna Wells tips about using her new camera. Bottom Left: Scott County Coroner Sam Callahan practices taking photographs using a flashlight in a dimly lit room. Above: Crawford County Coroner Pam Wells and Pulaski County Coroner Gerone Hobbs move toward an object they plan to photograph.

Assessors hold summer meeting in Bentonville

Far Left: Pike County Assessor Beckie Alden and Dewayne Mack, co-owner of Total Assessment Solutions Corp., greet one another. TASC was one of the vendors in attendance at the summer meeting. Left: Chicot County Tax Assessor Barbara Townsend and Mary Jordan, GIS Specialist for Chicot County, visit in the lobby of the Embassy Suites hotel in Bentonville, the site of the assessors’ summer continuing education meeting.

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Overcoming challenges, domestic violence on Circuit Clerk’s agenda

Top Left: Faulkner County Deputy Circuit Clerk Leslie Brixie visits with Faulkner County Circuit Clerk Rhonda Wharton, president of the Arkansas Circuit Clerks Association, during a morning break in the program. Top Right: Phillips County/Circuit Clerk Lynn Stillwell and Terri Edens, program coordinator for Arkansas Coalition Against Domestic Violence, discuss literature about domestic violence while Arkansas County/Circuit Clerk Sarah Merchant looks on. Left: Crawford County Deputy Circuit Clerk Carrie Kilgore speaks to one of the vendors who attended the continuing education session. Bottom Left: Saline County Chief of Staff Jim Harris holds the ice ax that speaker and world record-setting mountain climber Todd Huston used to climb to the highest points in all 50 states. Huston is the only leg amputee to do so. Bottom Right: AAC Legal Counsel Jonathan Greer and Union County Circuit Clerk Cheryl Wilson listen to a speaker.

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AAC seminar focuses on county fine collections

Top Left: Maggie Metzgar of Newton County asks a question following one of the six sessions. Seated next to her is Donna Blackwell of Boone County. Top Right: Michelle Shaw of INA provides an overview of her organization’s services, including hot check restitution. She also discusses the benefits of allowing people to pay their fine by credit card. Middle: Major Tyra Tyler of Jefferson County talks about the Arkansas Highway Transportation Department’s litter program and Jefferson County’s Clean Team program, which allows people to do community service in lieu of paying fines. Also pictured are Elizabeth Taylor of Arkansas Community Correction, AAC Legal Counsel Lindsey Bailey, Susie Edwards of the Jefferson County’s Information Technology Division and Jefferson County Deputies Stoney Shaw and Curtis Butler. Bottom Left: Keith Caviness of AOC provides an overview of fine collections, issues related to fine collections and the Administration of Justice Fund’s annual receipts and disbursements. Bottom Right: Anita Boatman of DFA discusses the ins and outs of suspending someone’s driver’s license for nonpayment of fines. 48

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Risk Management Services hosts annual safety conference at AAC headquarters

Top Left: Terry Bryant of SEA Inc. speaks about safety compliance. Top Right: Ron Routh of Thompson Defensive Driving discusses safe driving. Left: RMS Loss Control Specialist Barry Burkett and Kevin Looney of the Arkansas Department of Labor visit after Looney’s presentation, “Slips Trips and Falls.” Bottom Left: AAC Chief Legal Counsel Mark Whitmore chats with Jerry Elizandro of Montgomery County’s Department of Emergency Management and Montgomery County Judge Alvin Black. Bottom Right: Jefferson County Safety Director Jackie Plumley focuses on the speaker during a morning session.

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Communications Coordinator — Christy L. Smith Family information: I am engaged to marry a wonderful man, Jon, in September. I will be stepmother to Lucas, 14, and Alli, 12. My contribution to our little family is Casey, a black lab-mix that I adopted almost two years ago. My favorite meal: There is no easy answer to this question because I love food, and I love cooking. I like to experiment with ethnic dishes. Indian food is a favorite, and I have a paella pan I need to test. When I’m not working I’m: I spend a lot of time outside. I like to run, hike and camp. My dog has plenty of energy, so we visit the dog park often. He likes to play ball and swim in the Arkansas River.

The hardest thing I have ever done: Rebuild my life after a sudden and unexpected divorce. At the top of my bucket list is to: I’ve checked off quite a few things on my list – visiting Ireland, working in Africa, white water rafting, sky diving, running the Grand Canyon Half Marathon. I would love to eat my way around Spain, and then take the ferry down to Morocco and visit the markets. You might be surprised to learn that: I spent three months living in rural Kenya, where I documented the life stories of women who were HIV-positive.

My pet peeve is: Grammar errors. The accomplishment of which I am most Christy proud: All the experiences I’ve had, whether L. Smit Motto or favorite quote: “You may encounter good or bad, and all the people I’ve known, h many defeats, but you must not be defeated. In fact, either briefly or long term, have shown me that life it may be necessary to encounter the defeats so you can is too short for regrets. I’ve learned to seize the moment, love know who you are, what you can rise from, how you can still deeply, show compassion and make the most of the time I have come out of it.” — Maya Angelou here. I’m proud to have come to that realization so early.

Law Clerk — Kevin Liang Family information: I’m an only child.

At the top of my bucket list is to: Visit every continent.

My favorite meal: Boiled crawfish, corn, potatoes and sausage.

You might be surprised to learn that: I am a commission painter.

When I’m not working I’m: Spending time with friends.

My pet peeve is: It’s a tie between saggy pants and people who don’t use turn signals.

The accomplishment of which I am most proud: Teaching English for two years in southern Arkansas with Teach for America. The hardest thing I have ever done: Teaching summer school in Indianola, Mississippi.

Kevin L iang

Motto or favorite quote: “No time left now for shame, horizon behind me, no more pain. Windswept stars blink and smile, another song, another mile.” — The Black Crowes.

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Worker’s Compensation Fund pays $1 million in dividends to its member counties in 2014

he Association of Arkansas Counties Workers’ Compensation Trust is proud to announce that for the 18th straight year dividends will be returned to all participating counties. The 2014 dividend is declared based on 2010 premiums paid and losses incurred. This brings the total dividends paid over the last 18 years to $24,698,953. AAC Workers’ Compensation Trust Group Manager Chris Villines recommended the $1,000,000 dividend to the board of trustees at its June meeting. Checks were issued in August. “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, Elizabeth Sullivan, Barry Burkett, and Kim Mitchell do an excellent job.” AAC Risk Management and Insurance Director Debbie Norman said, “From inception to today, this program has performed beyond expectations. It has always been our goal to reward counties with dividends, and this is the 18th straight year that successful management of the program and the commitment to safety in our counties has allowed it to occur.” AAC, along with county officials from around the state, created the AAC Workers’ Compensation Trust in 1985 – a plan to pool resources and form a self-funded, county-owned trust to provide premium Workers’ Compensation coverage at a savings to members. The AAC Workers’ Compensation Trust is fully regulated by the State of Arkansas Workers’ Compensation Commission. Current trustees are Chairman

Mike Jacobs, Johnson County Judge; Roger Haney, Washington County Treasurer; Judy Beth Hutcherson, Clark County Treasurer; 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: Arkansas County................................$12,140 Ashley County......................................$8,017 Baxter County....................................$17,560 Benton County...................................$29,958 Boone County....................................$15,106 Bradley County.....................................$7,558 Calhoun County...................................$8,436 Carroll County...................................$10,553 Chicot County......................................$6,850 Clark County......................................$16,638 Clay County.......................................$11,313 Cleburne County................................$13,858 Cleveland County.................................$8,370 Columbia County..............................$11,528 Conway County.................................$11,511 Craighead County..............................$38,742 Crawford County...............................$22,682 Crittenden County..................................$500 Cross County......................................$12,369 Dallas County.......................................$8,182 Desha County.......................................$7,699 Drew County......................................$10,184 Faulkner County.................................$31,267 Franklin County.................................$11,244 Fulton County......................................$9,902 Garland County.................................$34,442 Grant County.....................................$10,406 Greene County...................................$10,275 Hempstead County..............................$8,374 Hot Spring County............................$11,434 Howard County....................................$9,162 Independence County........................$26,021 Izard County.........................................$8,079

Jackson County.....................................$6,283 Jefferson County.................................$31,508 Johnson County....................................$8,821 Lafayette County..................................$7,458 Lawrence County...............................$10,685 Lee County...........................................$7,918 Lincoln County....................................$7,808 Little River County..................................$500 Logan County.......................................$4,442 Lonoke County..................................$16,896 Madison County................................$10,170 Marion County...................................$10,409 Miller County.....................................$16,774 Mississippi County.............................$21,107 Monroe County....................................$6,551 Montgomery County..............................$500 Nevada County.....................................$6,338 Newton County....................................$6,077 Perry County........................................$7,974 Phillips County.....................................$9,486 Pike County..........................................$8,392 Poinsett County..................................$11,142 Polk County........................................$14,509 Pope County.......................................$17,469 Prairie County......................................$6,571 Pulaski County...................................$36,066 Randolph County...............................$11,450 Saline County.....................................$26,375 Scott County......................................$11,095 Searcy County.......................................$8,012 Sebastian County................................$30,608 Sevier County.......................................$9,789 Sharp County.....................................$12,331 St. Francis County..............................$10,407 Stone County......................................$13,518 Union County....................................$15,811 Van Buren County.............................$22,682 Washington County...........................$36,981 White County....................................$17,827 Woodruff County.................................$5,762 Yell County.........................................$15,138

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Association of Arksna sa Cout n ies o W rkers’ Comep sn ta ion rT su t

Conference

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hen you participate in the A A C Wo r k e r s ’ C o m p e n s a tio n Tru s t, you can relax in the hands of professional staff members who are going to take care of your needs. The AAC team has decades of experience in handling county government claims – t h e y ’ r e s i m p l y t h e b e s t a t w h a t t h e y d o ! Did we mention that participants in our plan are accustomed to getting money back? Since we started paying dividends in 1997, the AAC Workers’ Compensation Trust has declared almost $ 2 5 MI L L I O N dollars in dividends, payable to members of the fund. In fact, we mailed $1,000,000 in savings back to member counties in August 2014.

The service is available for any size county government and other county government-related entities. We’ve got you

c ov e r e d!

Members enjoy dividends! $25 Million paid since 1997

We’ve got you

Experienced & licensed examiners

covered

Debbie Norman

Risk Management & Insurance Director 501.375.8247

Debbie Lakey

Claims Manager 501.375.8698

Kim Nash

Renee Turner

Barry Burkett

Kim Mitchell

Elizabeth Sullivan

Claims Adjuster

Claims Examiner

Loss Control

Admin. Assistant

501.375.8805

514 tse dWrihTte r S • eltiL ro,kc sankrA 1027

Brandy McAllister RMS Counsel 501.375.8805

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About NACo – The Voice of America’s Counties

www.naco.org

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

Senators urge full economic study of critical habitat designations U.S. Senators Mark Pryor (D-Ark.) and John Boozman (R-Ark.) introduced the “Private Landowner Protection Act” on July 31. Senate Bill 2729 would require the U.S. Fish and Wildlife Service (USFWS) to take the full economic impact of proposed critical habitat designations into account. NACo supports such legislation that would require the USFWS to perform appropriate economic analysis, prior to the designation of critical habitat, that would measure the effects of such a designation on all affected stakeholders — not just on federal agencies — and would include effects on possible uses of land and property values, employment and revenues available for state and local governments. Last year, USFWS issued a final rule that would implement an “incremental approach” to analyzing the economic impact of critical habitat designations vs. a “quantitative analysis.” This approach would require USFWS to only consider the cost to the government of consulting on critical habitat, instead of considering costs to all stakeholders. The senators’ bill would implement a comprehensive approach, requiring consideration of the costs to agriculture producers, businesses, county and city governments and other local entities. It would also require the U.S. Department of Interior to publish the economic analysis for public comment. House bill to stop “Waters of the U.S.” rule moves forward The House Transportation and Infrastructure Committee passed the Waters of the United States Regulatory Overreach Protection Act, H.R. 5078, by a voice vote on July 16. H.R. 5078 would prevent the administration’s proposed “Waters of the U.S.” rule from moving forward. It also would require the agencies to consult and collaborate with state and local governments on the rule development process and to document the interactions and submit the final report to Congress.

The proposed rule that prompted the introduction of H.R. 5078 — Definition of Waters of the U.S. Under the Clean Water Act — was released by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) on April 21. The proposed rule amends the definition of “Waters of the U.S.” within the Clean Water Act (CWA) and expands the range of waters (and their conveyances) that would fall under federal regulatory authority. The proposed rule would impact county-owned and maintained roads and roadside ditches, flood control channels, drainage conveyances, stormwater systems, green infrastructure construction and maintenance. The public comment period for “Waters of the U.S.” is open until October 20. President signs Veterans Access overhaul act On August 7, President Barack Obama signed the Veterans Access, Choice and Accountability Act of 2014. The measure reforms the U.S. Department of Veterans Affairs (VA) and includes changes allowing veterans to seek private care in their communities. $10 billion of the $16.3 billion agreement is allocated to allow veterans to receive care from non-VA providers if they live more than 40 miles away from a VA facility or if VA doctors cannot see them within 30 days. This authority expires after three years and payment is generally limited to Medicare rates, with exceptions for veterans living in “highly rural areas” — defined as areas located in a county that has fewer than seven individuals residing per square mile. Besides allowing for alternate service delivery, the act provides approximately $5 billion for hiring more doctors and nurses and $2 billion for the leasing of 27 new medical facilities across the country. It also gives the VA secretary broader authority to fire or demote senior officials and limits employee bonuses. All of the funding in this measure is categorized as emergency spending, and the VA would have to rely on the annual appropriations process once these resources are depleted.

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COUNTY LINES, SUMMER 2014

Association of Arkansas Counties 1415 West 3rd St. Little Rock, AR 72201

PRSRT STD U.S. Postage

PAID

PERMIT No.

2797