Winter 2012 County Lines Magazine

Magazine WINTER 2012

The Official Publication of the Association of Arkansas Counties

Safety Security

&

AAC Risk Management Fund offers you options

AAC Risk Management Gives You The Best

that other plans may not, and participation in

of Both!

all lines is not required. Some of our members received a 10% discount to their annual auto contribution. If your county was not one of them, call our team of professionals to find out more.

Don’t let 2012 get away before giving AACRMF a call!

GENERAL LIABILITY : Civil Rights Liability Tortious Conduct (via statutory tort immunity) PublicOfficialsErrorsOmissions & AUTO PROTECTION: Auto Liability (Statutory Liability Limits) AutoPhysicalDamageComp ( Collision) & Medical Pay Coverage PROPERTY PROTECTION: BuildingContents & Mobile Equipment Electronic Data Processing Equipment BoilerMachinery & RURAL FIRE DEPARTMENT PROGRAM Auto Liability / Auto Physical Damage BuildingContents & Blanket Portable Equipment / Scheduled Equipment General Liability

Call Today for a Quote!

Debbie Norman Manager 501.375.8247

Cathy Perry Admin. Assistant 501.375.8805

Barry Burkett Loss Control 501.375.8805

Cindy Calvert Claims Examiner 501.375.8805

RMF Legal Defense Provided By

In This Issue WINTRE 210

Features Collectors collect in Hot Springs..........................................................................34-35 Class is in session - human resource meeting at AAC.....................................36-39 AAC convention recap... 22

Friends and family remember Frank Scroggins......................................................46 Crawford County shooting rattles courthouse.........................................................48 County Clerks Association installs new officers......................................................55

Inside Look AAC Convention recap...........................................................................................22-25 AAC Staff Profile: Elizabeth Sullivan .........................................................................40 Class is in session at AAC... 36

ACE program continues to educate...........................................................................56

Departments Calendar of Events.......................................................................................................... 6 From the Director’s Desk............................................................................................... 7 President’s Perspective................................................................................................. 9 Legislative Tangents.....................................................................................................10 Treasurers gather at ACE workshop ... 57

Cover stories Words of men define our lives .... 28 Randy begins ‘newsman’ journey .... 30 Newsman lands ‘dream job’ ..............31

From the Governor........................................................................................................11 Frequently Asked Questions.......................................................................................12 Attorney General Opinions..........................................................................................13 County Law Update.......................................................................................................14 AAC Scholarship ...........................................................................................................17 Research Corner...........................................................................................................18 Advertiser Resource Index..........................................................................................58

Online only @ www.arcounties.org

Read County Lines Editor Scott Perkins’ column, “Behind the Lines.”

Click on News and Noteworthy to browse all the AAC’s articles.

Randy Kemp In memory

T

Cover Sh o t:

White County “Big Snow - R osebud”

(AACPhoto/RandyKemp)

he cover photo was found on Randy Kemp’s and people in the right light on pages 26-32. He captured the Macintosh at the AAC and it was simply titled hearts of those around him, left enduring impressions and was “Big Snow - Rosebud.” Randy became the a shining light for so many.

AAC’s first communications director in 2008.

He served in that role until he died in a motorcycle accident in August 2011 on State Highway 9. It is tradition to show off county courthouses on the cover of County Lines; however, the AAC staff decided to diverge from that tradition for this edition. This Jan. 31, 2010, photo taken by Randy seemed fitting for this special winter 2012 edition. The association wanted to share this amazing image that Randy froze in time.

Randy understood light and exactly how it behaved in his eye

and how it would interact with his camera. He also understood his own energy and how it could impact the lives of others.

— Ansel Adams Readers will learn that Randy captured more than just images

I do “God’s ready Sometimes

get to places just when to have somebody

click the shutter.

”

C a l e n da r o f E v e n ts

» » » » » » » » » » » » » » » » » » » » » » »

Feb. 9-10 County Clerks Embassy Suites Little Rock/AAC

210

Mission Statement: The Association of Arkansas Counties

April 12-13 County Collectors Hilton Garden Conway

Feb. 15-17 County Judges Wyndham North Little Rock

June 5-8 County Assessors Holiday Inn Fort Smith

Feb. 20-22 County Treasurers Embassy Suites Little Rock/AAC

June 6-8 County Judges Best Western Eureka Springs

March 7-9 Circuit Clerks Hilton Garden Conway

June 6-8 Circuit Clerks Hilton Garden Jonesboro

March 17 75 member quorum court AAC Little Rock

June 14-15 County Collectors Quality Inn Harrison

March 21-23 County Assessors Crowne Plaza Little Rock

June 20-22 County Treasurers Best Western Eureka Springs

» » » » » » » » » » » » » » » » » » » »

T

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.

Calendar activities are also posted on our Web site: www.arcounties.org

CONTACT AAC

Brenda Emerson, ACE Program Coordinator bemerson@arcounties.org

Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org

Association of Arkansas Counties 1415 West 3rd Street Little Rock, AR 72201 (501) 372-7550 phone (501) 372-0611 fax www.arcounties.org

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

Jeanne Hunt, Executive Assistant

jhunt@arcounties.org jhunt @arcounties.org

6

Jeff Sikes, Legislative Director jsikes@arcounties.org

Wes Fowler, Government Relations Director wfowler@arcounties.org

Scott Perkins, Communications Director sperkins@arcounties.org

Risk Management / Workers’ Compensation Debbie Norman, Manager, Risk Mgmt Services

dnorman@aacrms.com

Freda Taylor, Administrative Assistant

ftaylor@aacrms.com

Debbie Lakey, Workers’ Comp Claims Manager

dlakey@aacrms.com

Cathy Perry, Administrative Assistant

cperry@aacrms.com

Amanda Cook, Workers Comp Claims Adjuster

acook@aacrms.com

Kim Nash, Workers Comp Claims Adjuster

knash@aacrms.com

Cindy Calvert, Claims Examiner

Cindy Posey, Accountant cposey@arcounties.org

Elizabeth Sullivan, Secretary / Receptionist esullivan@arcounties.org

ccalvert@aacrms.com

Becky Burnett, Admin. Assistant/Receptionist

bburnett@aacrms.com

Barry Burkett, Loss Control Specialist

bburkett@aacrms.comv

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Reflections on 2011

County Lines

Magazine

County Lines is the official publication of the Association of Arkansas Counties. It is published quarterly. For advertising inquiries, subscriptions or other information relating to the magazine, please contact Scott Perkins at 501.372.7550.

Executive Director / Executive Editor Chris Villines Managing Editor Scott Perkins

AAC Executive Board: Mike Jacobs – President Roger Haney – Vice President Danny Hickman – Secretary-Treasurer Sherry Bell Debra Buckner Rita Chandler Jim Crawford Vacant position Jimmy Hart Judy Beth Hutcherson Leonard Krout Faron Ledbetter Skippy Leek Gene Raible Danny Russell Johnny Rye Debbie Wise National Association of Counties (NACo) Board Affiliations Alvin Black: Public Lands Steering Committee. He is the Montgomery County Judge.

H.O. Gray: Chair, Aging Subcommittee of the Hu-

man Services & Education Steering Committee (Subcommittee chair). He serves on the Jefferson County Quorum Court.

Roger Haney: Board of Directors. (He is the Washington County Treasurer.)

Ted Harden: Finance & Intergovernmental Affairs

Steering Committee. He serves on the Jefferson County Quorum Court.

Haze Hudson: Community & Economic Development Steering Committee. He is a member of the Miller County Quorum Court.

David Hudson: Chair of NACo’s Justice and Public

Safety Steering Committee. He serves as Sebastian County Judge.

Mike Jacobs: NACo Board of Directors, the Mem-

bership Committee and the Agricultural & Rural Affairs Steering Committee. He is the Johnson County Judge.

Buddy Villines: Transportation Steering Committee.

He is the Pulaski County Judge.

COUNTY LINES, WINTER 2012

Director’s Desk

Another fresh new year

A

s 2012 dawns upon us, it is time to reflect on past accomplishments and hope for future ones. But planning the next year requires you to survey the landscape ahead. The mountains and valleys in front of us help determine the path to our dreams,¬ both personally and in relation to our careers.

Chris Villines AAC Executive Director

To that end, a time to reflect on the year just closed is in order. The last year has been one of struggles, victories, celebrations and somber moments. Chalked up as a victory is that the 88th Arkansas General Assembly has come and gone, and by all accounts it can be deemed a rousing success for the counties of Arkansas.

This can, in small part, be linked to the bills that we prepared and got passed.

But a larger, more effective measure of our accomplishment is the elimination of hundreds of bills, some of which could have had a profoundly negative effect across the state.

But 2011 had its terrible disappointments as well. The losses of AAC Communications Director Randy Kemp and Lafayette County Judge Frank Scroggins (see tributes to both throughout this issue of County Lines) were difficult times for us all. It is in times like these that the best character of our counties comes out.

We are a resilient sort. Be it dealing with constituents or running campaigns, lobbying at the capitol, budget cuts or implementing new laws, our county offices continually beat back impediments. The good news is that we face adversity well.

Unfortunately, tough economic times found their way to all of us. We are fortunate that our difficulties pale beside many in other parts of the country, but we had to deal with some financial setbacks nonetheless. We are currently working our way out of the deepest recession since the Great Depression. Thankfully our government survived that crisis and I relate to President Harry S. Truman, who once said: “The only thing new in the world is the history you don’t know.” We have been here before.

Looking into the 2012 crystal ball, I believe our tough economic times are not over, and despite all efforts to continue funding at current levels, the year ahead will be difficult. AAC President and Johnson County Judge Mike Jacobs joined me in a recent trip to Washington, D.C., where we heard from federal leadership regarding expected budget cuts. What we left with was the sobering reality that shrinking dollars present a real problem nationwide for counties and the services we are mandated to provide.

Trickle-down economic theory has long been a part of American politics and its merit has been hotly debated and its success arguable. What is not arguable is that we have entered into a new era of major cuts and that these cuts do indeed trickle >>> 7

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

all the way down to county levels.

The federal budget is comprised of three main categories: discretionary, mandatory and interest payments. With mandatory spending and interest payments largely inflexible, it is obvious that in order to cut the federal budget, discretionary spending is the target. The bad news for us is that most aid given to counties comes directly from this discretionary spending sector.

ment shrinkage, we find ourselves preparing for, instead of reacting to, revenue shortfalls.

Property values in Arkansas have stabilized, with some areas seeing increases. This primary source of revenue for our county government has been hit in recent years. As the nation pulls out of the economic doldrums, we can expect a slow but steady climb for these figures.

Thanks to the efforts of the National Association of Counties The Association of Arkansas Counties is hard at work prevent(NACo), along with Arkansas ing cuts from the state. The staff county elected officials and AAC here is watching both the 2012 staff, programs such as PILT (Payfiscal session and the 2013 general nother fresh new year is here . . ment in Lieu of Taxes) and Secure session closely as we work to preAnother year to live!

Rural Schools Funding will likely vent unfunded mandates and cuts remain intact, although funding that directly impact counties.

To banish worry, doubt, and fear, may drop off as much as 40 perIf there is one thing I have cent, possibly more. Grant dollars To love and laugh and give! learned over time, it is that the for everything from security to key to understanding county his bright new year is given me community development block government is to know that we grants are evaporating quickly.

To live each day with zest . . . are the people who relay good or Funds given to states to help with bad news directly to the citizenry.

Medicaid and other programs are To daily grow and try to be Neither state nor federal governfading, putting incredible pressure ment officials have to look across My highest and my best! on states to come up with their the table and deliver the volume of own sources of revenue to conhave the opportunity news to constituents like we do. tinue the programs.

Once more to right some wrongs, I believe that 2012 will have its Shifting money at a state level share of struggles, and county ofto supplement some of these exTo pray for peace, to plant a tree, ficials will sometimes have to give pected cuts means no growth or bad news that is trickling down to cuts in other areas that fund counAnd sing more joyful songs! us. But as I look ahead, I also find ties. Suffice it to say that the belt is great opportunity as the economy being tightened all around. Falling William Arthur Ward, American Scholar slowly turns around. or stagnant property tax revenues are also hitting us directly, not to So many things about 2012 mention month after month of will be out of our control -- the lower sales tax collections. Although we’ve taken some knocks, the economy, the Mayan calendar, natural disasters and elections to news is not all bad. name a few -- but what gains the respect from people statewide for our counties is outlook and attitude. As we plan ahead for the Arkansas is positioned very well to handle these stressors. Instead of cutting areas to make up for federal losses, the leadership new year, there is no doubt that in the counties there is unbridled optimism and cheery attitude as we do what we do – helping in Arkansas has exhibited great fiscal responsibility. Growth in people. To that end, I wish all of you a wonderful 2012. Let’s state revenue is going to shore up these new costs. Our balanced smile, laugh, live zestfully and win victories together! budget puts us in a group of only a handful of states that are not drowning in red ink. The credit goes to Gov. Mike Beebe, responsible legislators and competent state fiscal staff that carefully and closely inspect our budget and any proposed shifts.

“A T I

”

Arkansans have a great tradition of resiliency. Our ability to handle adverse conditions has kept us in the proper frame of mind. County officials recognize that we may very well be through the hardest part of this downturn. Sales tax revenues for the state (and counties) are beginning to see an uptick, small though it may be. And having already been through some govern8

Chris Villines Chris Villines AAC Executive Director COUNTY LINES, WINTER 2012

AAC

G

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Opportunities arise in adverse times for governing entities

reetings to all elected officials in the great state of Arkansas.

There are 75 counties in the state, which means there could be at least 75 different ways to accomplish the same goal.

Nationally, there are 50 states and each state has its own unique situation but face the same challenges and opportunities. Even though we do have varying degrees of service delivery to our constituents, there are certain commonalities among all of us.

In September, NACo senior management held a brain-storming session to consider the state of affairs in America.

Following are some of excerpts from “County Landscape” as discussed by the management team.

This fall, county governments and elected officials are feeling pressures and demands that they haven’t experienced in more than a generation. The continuing effects of the most severe and extensive downturn in the U.S. economy since the Great Depression of the 1930s and increasingly negative public attitudes toward government and government employees have made the job of governing and managing counties difficult. At the same time, these pressures have presented county officials with opportunities.

The “county landscape” doesn’t make for a pretty picture. But it does give to those who work in and for county government a chance to step back, to analyze the composition and to make educated guesses about what the picture means.

The following items are some observations and commentary about some of the issues, challenges and opportunities for counties during the next few years. The observations are general in nature and in no particular order of importance and may overlap categories.

1. The real estate market remains stagnant, and declining property values and foreclosures have had, and will continue to have, an adverse effect on county revenues, particularly given the heavy reliance by many counties on the property tax. Some economist predict that the foreclosure problem will get worse before it gets better, as unemployment increases the number of at-risk homeowners.

2. Many counties are laying off staff, putting added pressure on those employees who remain. Since many county services are mandated by the state and the federal government, counties must continue to provide them — even with reduced staff and revenues. Inevitably, service delivery schedules, efficiencies and quality will be affected.

3. A county employee retirement “wave” has begun. This presents counties with the challenges of recruiting new employees at a time when public employee benefits (particularly public pensions) are being reduced and restructured. The historic attractions of public service careers — job security and attractive benefits — are not as apparent. Increasing anti-government, anti-tax and anti-government employee attitudes may mean that fewer people will consider public service or public service careers worthwhile.

Counties must be alert to a potential “brain-drain” phenomenon.

4. Counties are re-thinking how county services are provided, and are considering outsourcing services and/or partnering with the private sector in delivering them. Outsourcing and partnering may be a more cost-effective and efficient way to deliver certain services, but questions COUNTY LINES, WINTER 2012

President’s Perspective

of appropriateness and long-term impacts must be considered.

5. Counties are giving increased attention to fee-for-service models. Counties that haven’t previously focused on fee-forservice models are now doing so, while others are looking at additional services that could be offered using that approach.

Hon. Mike Jacobs Counties should be wary of overusing the model because of the potential for AAC Board President; increased public resistance and attempts by Johnson County Judge the states to restrict or control use.

6. Counties should anticipate an increasing demand for government transparency and openness, and not just in the context of open meetings and FOIA requests. Public demand for Internet access to accurate, near real-time county budget and expenditure information will become more prevalent.

7. Federal and state funding for counties will continue to decline in nearly all parts of the country. As revenues from these and other sources stagnate or decline, there will be increasing examination of the roles and responsibilities of all levels of government, with an eye toward eliminating and/or reducing services that are considered to be non-essential or less important.

8. Ironically, service demands will increase because the needs of a growing retiree and elderly population, and because of the needs of the unemployed and “new poor” who are facing personal and family financial stress. Efforts to eliminate “entitlements” at the federal and state levels also will strain county services. Since counties are often the service providers of last resort (either constitutionally or by state law), services will either have to be curtailed or eliminated, or funds to continue providing them will have to be found.

9. Counties and county officials have historically been the level of government that the public trusts the most. A recent Gallup poll confirmed this, but the percentage of those who trust local government — about 68 percent — is not increasing. At the same time, the public is increasingly unaware of counties and county government functions and services, and the time devoted in the schools to civic education has been cut back or eliminated.

10. Although the city-county consolidation wave that begun and peaked in the 1970s and 1980s has waned, increased attention is being given to functional consolidations between local government jurisdictions, particularly county-city and county-county. Improved efficiency, elimination of duplication and cost savings are potential benefits. Counties are also exploring partnerships with the private sector as they consider functional consolidation.

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

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Legislative Corner

L e g i s l at i v e t a n g e n t s

Second fiscal session, looking ahead to 2013

W

ith the beginning of the New Year, the second fiscal session since the passage of the 86th amendment is slated to begin Feb. 13. Pre-filing began Jan. 9, and as of this writing, there has been one appropriation bill, HB 1002 by Rep. Garry Smith, filed seeking funding for lignite research; two House concurrent resolutions, HCR 1002 by Rep. Kathy Webb, to amend the Revenue Stabilization Act; and HCR 1003 by Rep. James McLean, to allow legislators to claim the same mileage rate as state employees; and SCR 1, which is the Senate companion bill to Webb’s resolution. Nothing in any of these pieces of legislation is earth-shattering, nor do we expect any major legislation that would affect county finances in either a positive or a negative fashion.

We will, of course, keep you apprised of the legislation introduced, especially if it impacts county government.

Although the 2012 fiscal session of the 88th Arkansas General Assembly does not appear to be fraught with contentious substantive issues, that will certainly not be the case for the 89th General Session in 2013.

I would like to spend the next few minutes visiting with you about 2013.

Our goal here is to help you and your respective associations be better prepared and more successful in each legislative session, and 2013 is no exception. We are already brainstorming here at the AAC as to how you — and by extension, we — can better represent those issues of importance to county government. We’ve found the earlier we can begin to discuss the various legislative ideas or issues that come from each of our member associations, the better we do with that legislation. That means we would like for you to start thinking now about those issues pertinent to your office or your county that you see on the horizon for 2013. We request you send your ideas to your respective legislative chairs in your association and, if possible, that you copy

O

me with those ideas so that I can add them to my 2013 legislative master file Jeff Sikes here at the AAC. AAC Legislative Director After this fiscal session has ended, we will be meeting with you as your associations meet in order to discuss any and all ideas that might be submitted. Our goal is to work with you all so that by your regular June association meetings you will have most of your issues ready for a vote by your association.

If you do not adopt your legislative package during your regular June meeting, we would ask that you prepare for a formal vote and adoption of your association’s legislative package no later than the Association of Arkansas Counties annual conference, set for Aug. 8-10.

Once we have your legislative package in hand, your AAC legislative committee and board of directors will meet, probably in late September or October, to go over each association’s package for inclusion in the overall AAC legislative package. After we have adopted the AAC legislative package, we will present it to the members of City, County and Local Affairs Committee and begin soliciting sponsors.

This is a rough timeline of what we would like to achieve this year in regard to the preparation of our legislative package. We will be visiting with you more in the future regarding strategy and lobbying. It is our intention to put together workshops in 2012 to assist you in better understanding the legislative process and working with your legislators.

Keep on the lookout for those invitations in the future. And, as always, we need your energy and your ideas. Please let us know any time you have information or insight that could help us improve the operation of county government.

ur goal is to work with you all so that by your regular June association meetings you will have most of your issues ready for a vote by your association. If you do not adopt your legislative package during your regular June meeting, we would ask that you prepare for a formal vote and adoption of your association’s legislative package no later than the Association of Arkansas Counties annual conference, set for Aug. 8-10.

10

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Arkansas education receives respectable ranking

A

r on ev G

frm o the

Education Week ranks state fifth in K-12 education

rkansas’s efforts to provide students with a first-class education received positive affirmation in January from the country’s leading education journal, Education Week.

The journal’s annual “Quality Counts” report grades all 50 states and the District of Columbia on the policies and performance of their schools. This year, Arkansas’s public education system was named the fifth best in the U.S. The number five spot is one better than last year, and it represents steady improvement. We now trail only Maryland, Massachusetts, New York and Virginia in these rankings.

The report found that we are the best in the nation at coordinating connections between K-12 and other segments of the education pipeline; namely early childhood education, college readiness and the workforce.

This shows that we are on the right path toward our goals of doubling the number of Arkansans with college degrees and better preparing our workforce for the 21st century economy.

Early this year, the first 15 school districts and one college technical center were chosen to participate in Arkansas’s STEM Works initiative.

These schools will focus on educating students in science, technology, engineering and math — fields that require the most qualified workers and have great potential for expanding the state’s economy. Perhaps now more than ever, education and economic development are aligned to build the strong workforce needed for Arkansas’s future prosperity.

Another bright spot in Education Week’s report came in the strength of our teachers and the tools we provide to them. In this category, we received the highest grade awarded this year. Conversely, the nation’s overall score fell, again showing the effects of our nation’s economic struggles. The dire financial straits of some states have them falling way behind in funding teacher-related policies and programs. Arkansas, however, has improved, thanks to our specific educational priorities and

conservative budgeting practices. We will continue to balance our commitment to fund education with our cautious fiscal management. My proposed balanced budget for the 2013 fiscal year includes a 2 percent increase for public schools.

Hon. Mike Beebe While the report shows that we’re Governor of Arkansas doing many things right, we still haven’t done enough. Our low marks in student achievement demonstrate that further hard work is needed. The journal bases its conclusions on three criteria: current student performance, improvements over time and poverty-based achievement gaps. All of us — parents, teachers and community members — must instill in our children the importance of an education and work with them, so they can succeed academically. Providing the best learning environment possible will only work if students understand the vital difference an education will make in their lives.

Overall, the report represents unprecedented and praiseworthy recognition for Arkansas. But today’s economy is global and unkind to complacency. We’ve come a long way as a state in our pursuit of academic excellence, and we must continue making improvements that help our students and Arkansas’s future.

Mike Beebe The Honorable Mike Beebe Governor of Arkansas

NACo County News - Yellow Dot program helps first responders save lives

By Charles Taylor NACo County News, Senior Staff Writer

Y

ellow dots are showing up in counties nationwide, and first responders couldn’t be happier to see them.

The canary-colored spots are appearing on the rear windows of vehicles, signaling that lifesaving medical information can be found in the driver’s glove compartment.

If a traffic accident or sudden onset of a medical crisis renders the driver unable to communicate, the information can help him or her receive the proper treatment.

Nassau County, N.Y. is among the latest juCOUNTY LINES, WINTER 2012

risdictions to launch a Yellow Dot Program, the first of which can be traced back to Connecticut in 2002. Orange County, Va. has had its program since 2004; Lee County, Ala. for about a year, and Erie County, N.Y. just approved one.

Illinois has a statewide program. The programs are free to participants.

“The first moments of a first responder’s time in care are the critical moments, they’re called the Golden Hour,” said Edward P. Mangano, Nassau County executive, when announcing the program late last month. “Think about it when you drive, if you were unable to communicate, how would someone be able to contact someone that could help you with that vital information?”

Information such as medications a person is

taking, allergies, emergency contact phone numbers, recent surgeries and a photograph of the driver are kept in a packet or on a card in the glove box. Nassau and other counties offer the program in addition to File of Life or Vial of Life programs that consolidate similar information that is placed in the home on a refrigerator door.

Some counties tailor their programs mainly to the elderly, but virtually all are open to anyone wishing to participate.

In Alabama, about 18,000 of Lee County’s 124,000 residents have signed up to participate, according to Maj. Tommy Carter of the Sheriff’s Office. “We have really pushed this hard and heavy; it doesn’t take but just a few minutes to sign up,” he said.

11

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Levying taxes, annual budget passage requirements We answer Frequently Asked Questions concerning levying of taxes and annual budget requirements for county government.

Q

: When shall the quorum court set the levy of all county ad valorem taxes and other taxes as required by law?

Arkansas Code Annotated 14-14-904(b) LEVY OF TAXES AND MAKING OF APPROPRIATIONS. (1)(A)(i): “The quorum court at its regular meeting in November of each year shall levy the county taxes, municipal taxes and school taxes for the current year.”

It should be noted that unless the county has been granted an extension from the state due to a rollback that the levy must be done in the November meeting. It has long been a suggestion of the Association of Arkansas Counties that the court not adjourn the November meeting without levying the taxes. Recess the meetings instead and open the meeting back up at a later date to take up this issue and finish the business of that meeting before adjournment.

Q

: Can the quorum court amend the levy ordinance after its passage?

The short answer to this question is the quorum court can’t raise or lower the levy after it has been set at the November meeting. This question has been opined in Attorney General Opinion 1986-625 and an excerpt from that opinion states: “When a statute prescribes a certain time for the levying court to convene and levy taxes, a levy by it at any other time is invalid.” It also is quoted in another excerpt: “Since quorum courts are required specifically to levy taxes at only one time each year, it is my opinion that any attempt to re-levy taxes at any other time is void.”

However the county court has been given authority to correct errors and that authority lies in Arkansas Code Annotated 14-14-904(b) (4): “If a county court determines that the levy of taxes by the quorum court is incorrect due to clerical errors, scrivener’s errors, or failure of a taxing entity to report the correct millage rate to the quorum court, the county court shall issue an order directing the county clerk to correct the error in order to correct the millage levy. “(5) If a determination is made under this subchapter or § 26-80-101 et seq. that the taxes 12

levied by the quorum court are out of compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendments 11, 40, and 74, then upon notice from the Director of the Department of Education, the county court shall immediately issue an order directing the county clerk to change the millage levy to bring the taxes levied into compliance with Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendments 11, 40, and 74.”

Q

: Can the annual budget be passed after the first of the year?

The legal answer to this question would be no. As stated in Arkansas Code Annotated 1414-904(b) (1) (ii): “Before the end of each fiscal year, the quorum court shall make appropriations for the expenses of county government for the following year.”

The language here states the quorum court shall make appropriations for the expenses of county government for the following year or upcoming year. If an appropriation is not made, the county government would in effect have to shut down until such an appropriation is made. Any attempt to continue the operation of county government without the proper appropriation would run afoul of Arkansas Code Annotated 14-14-1203. Compensation and expense reimbursements generally. (a) APPROPRIATION REQUIRED: “All compensation, including salary, hourly compensation, expense allowances, training expenses, and other remunerations, allowed to any county or district officer or employee thereof shall be made only on specific appropriation by the quorum court of the county.”

Q

: What are the voting requirements to pass the annual budget (or any appropriation ordinance)?

This can be found in Arkansas Code Annotated 14-14-907 (d): “Readings and Publication. An appropriation ordinance may be enacted without separate readings or publication prior to passage. However, publication shall be initiated within two (2) calendar days, excepting holidays, after approval of the measure by the county judge. “(e) Voting Requirements. The passage of appropriation ordinances or amendments to exist-

FAQs:

Frequently

Asked Questions

ing appropriation ordinances enacted without separate readings shall require a two-thirds (2/3) vote of the whole number of justices comprising a quorum court.

On the passage of Wes Fowler every appropriaGovernmentRelationsDirector tions measure, the yeas and nays shall be called and recorded in the minutes of the meeting.”

It should be noted that the language above is permissive. This allows the local governing body a much easier way of dealing with the many adjustments that may be needed during the year and in a much timelier manner, when dealing with appropriations. However, it does not prohibit appropriation ordinances (i.e., annual budget) to be adopted like all other ordinances on three separate readings with a simple majority vote of the whole body; when it becomes a problem to acquire the two-thirds vote requirement. It could, however, take much longer and be more cumbersome.

As stated in Arkansas Code Annotated 14-14905 (c) PASSAGE. (1)(A): “On the passage of every ordinance or amendment to an existing ordinance, the yeas and nays shall be called and recorded. “(B) A concurrence by a majority of the whole number of members elected to the quorum court shall be required to pass any ordinance or amendment. “(2)(A) All ordinances or amendments to existing ordinances of a general or permanent nature shall be fully and distinctly read on three (3) different days unless two-thirds (2/3) of the members composing the court shall dispense with the rule. “(B) This subdivision (c)(2) shall not serve to: “(i) Require a vote after each individual reading, but a vote only after the third and final reading; “(ii) Require the ordinance or amendment to be read in its entirety on the first, second, or third reading; or “(C) Restrict the passage of emergency, appropriation, initiative, or referendum measures in a single meeting as provided by law.

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

AG Opinions

...Attorney General Opinions...

Voluntary taxes, Judge/Q.C. authority, solid waste boards, APERS changes AG OPINION NOs: 1991-015 1991-082 1996-069 1999-408 2011-149

1991-077 1994-003 1999-231 2005-205

Voluntary Taxes

The Attorney General has stated in numerous opinions that the collection of a voluntary tax paid by the county to a private nonprofit corporation violates the Arkansas Constitution, Article 12, § 5, which prescribes: “No county, city, town or municipality shall become a stockholder in any company, association or corporation; or obtain or appropriate money for, or loan its credit to, any corporation, association, institution or individual.”

A quorum court may appropriate funds from a voluntary tax for a grant to a public entity such as a conservation district. See: AG Opinions Nos. 1992-083 and 1994-003.

In some instances the specific facts may allow for voluntary tax proceeds to be turned over to a public entity or a private entity that is performing a community service grant.

In Gordon v. Woodruff, 217 Ark. 653 (1950) the Supreme Court upheld an appropriation for a grant to a county fair association was made to aid the construction of buildings on county property. Likewise, a grant to a community college foundation spent to aid a public community college may be considered legal. See: AG Opinion No. 1991-082.

Appropriations to a private nonprofit corporation for charitable and laudable purposes such as operating shelters, such as shelters for animals or shelters for juveniles, are considered illegal.

See: AG Opinion No. 1991-015.

Appropriations for a non-profit private corporation to a learning center with contracts COUNTY LINES, WINTER 2012

with the state are not governmental functions of city or county government. See: AG Opinion No. 1992-019. A voluntary tax to a nonprofit fire department is not permitted. However, a voluntary tax to a fire protection district may be upheld by the courts since a fire protection district is plainly a public entity. See: AG 2011149. The collection of money by the county for the benefit of private corporations is a violation of the Arkansas Constitution, Article 12, § 5.

See AG Opinion No. 1996-069.

AG Opinions 1999-408 and 2005-205 explain that the courts have held that an organization’s formation as a private nonprofit corporation will preclude itself from receiving support from a political subdivision. AG Opinion No. 1999-231 explains that a quorum court may repeal voluntary taxes; and that taxes voluntarily paid under the common law doctrine of voluntariness precludes refunds.

AG OPNION NO. 2011-087

AGOPINIONNO. 2011-073 Solid waste boards

Mark Whitmore AAC Chief Counsel

Solid waste boards must comply with A.C.A. 25-15-201 et seq., the Administrative Procedures Act (the “APA”), in promulgating regulations. A.C.A. 25-15-201 sets forth the notice and publication requirements for rule making by state agencies.

A.C.A. 8-6-704 provides that solid waste boards have the power to adopt: (1) rules in assuring public notice and participation in any rulings and findings of the board and (2) rules that address board administration.

The Attorney General determined that in adopting rules solid waste boards in Arkansas must comply with the ADA, A.C.A. 2515-201 et seq.

Judge / Q.C. employment authority

AGOPNIONNO.2011-075and2011-079

Under the Arkansas Constitution and laws of Arkansas, the county judge, not the quorum court, has the authority to hire and fire the county attorney.

The Arkansas Constitution, Amendment 55, § 3, vests the county judge with the authority to hire and fire county employees, except those persons employed by other elected officials of the county.

Likewise, A.C.A. 14-14-1102 vests the power to hire independent contractors, employ necessary personnel or purchase labor or services for the county with the county judge.

The quorum court has the authority to make appropriations for employee positions or contract services but is prohibited by separation of powers from making employee hiring decisions or designating specific vendors or contract awards.

APERS Changes

Act 558 of 2011 amended A.C.A. 24-4-402, effective Jan. 1, 2012, to provide that an APERS employers will be responsible for employer contributions to APERS for retired employees that have returned to work and members on the Deferred Retirement Option plan (“DROP”).

The Attorney General determined that the act applies prospectively to all employees that returned to work and employees on the DROP Plan as of the effective date of the act or thereafter. Employers will not owe employer contributions retroactively.

Employees that have retired and returned to work or that have joined the DROP will not owe employee contributions to APERS. 13

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Know your affirmative duty

Training, hiring and

County Law Update

supervision duties

I

n the context of law enforcement and forcement training academy. to: (1) emphadetention, a county has an affirmative Supervision size the prohibiduty to “not be deliberately indifferent On the issue of supervision, Brown won a tion against unto a need for” necessary training, hiring, jury verdict in her favor. Brown v. Bryan Coun- lawful profiling; or supervision. ty Board of Commissioners, 219 F.3d 450 (5th (2) ensure that Mike Rainwater City of Canton v. Harris, 489 U.S. 378 Cir. 2000). The jury’s verdict was appealed. The operating proceRisk Management (1989): The “failure to provide proper train- Court of Appeals affirmed the jury’s verdict, stat- dures adequately Legal Counsel ing may fairly be said to represent a policy for ing that the verdict was supported by evidence implement the which the city [or county] is responsible” if “the that the sheriff knew of that particular officer’s p r o h i b i t i o n need for more or different training” is “so obvi- “exuberant and reckless background” and “his against unlawful profiling (so that all law enous, and the inadequacy so likely to result in the record of ‘taking down’ a number of arrest sub- forcement personnel have copies of, understand, violation of constitutional rights, that the policy jects” (during his first 12 arrests). The Court of and follow the operating procedures); (3) inmakers of the city can reasonably be said to have Appeals ruled that “under certain circumstances, clude foreign language instruction, if possible, to been deliberately indifferent to the need.” § 1983 liability can attach for a single decision ensure adequate communication with residents The city of Canton dealt with the issue of not to train an individual officer even where of the community, and (4) stress understanding training needed to enable officers of and respect for racial, ethnic, to determine whether a prisoner national, religious and cultural required medical care. The U.S. differences and apply such to Supreme Court held that the evithe development of effective and county has an affirmative duty to ‘not dence did not support a finding appropriate methods of carryof deliberate indifference because ing out law enforcement duties. there were “no past incidents of A.C.A. 12-12-1404. be deliberately indifferent to a need ‘deliberate indifference’ to the This applies to all persons medical needs of emotionally disdeputized: When considering for’ necessary training, hiring or supervision. turbed detainees [nor] any other these principles, don’t forget that circumstances that had put the the principles apply to auxiliary city on actual or constructive nodeputies and to any other pertice of a need for additional trainsons deputized. If, for example, ing in this regard.” there has been no pattern of previous constitu- you choose to “deputize” city or town officers, Hiring tional violations . . . [where there is] . . . evi- your grant of your “sheriff” power carries with it In Board of County Commissioners of Bryan dence that would support a finding that it was the duty to “not be deliberately indifferent to a County v. Brown, 520 U.S. 397 (1997), the Su- obvious that the offending officer . . . was highly need for” necessary training, hiring, or supervipreme Court said that a county would be con- likely to inflict the particular injury suffered by sion. Before deputizing auxiliaries or non-counsidered to be “deliberately indifferent” to a nec- the plaintiff.” ty officers, count the additional cost in necessary essary hiring need “where adequate scrutiny of The Court concluded that evidence was suf- training, hiring or supervision. an applicant’s background would lead a reason- ficient in Brown’s case for the jury to have con(Note: Arkansas law limits the use/authority able policy maker to conclude that the plainly cluded that “it was obvious to [the sheriff] that of auxiliary officers.) obvious consequence of the decision to hire the his policy decision not to train [the particular applicant would be the deprivation of a third deputy in question] would result in a constituparty’s federally protected rights.” tional deprivation.”

The U.S. Supreme Court remanded Ms. Annual deputy training (Mike Rainwater, a regular contributor to Brown’s case for trial on the issue of whether Arkansas Law: “Each law enforcement agen- County Lines and lead attorney for AAC Risk the county had been “deliberately indiffer- cy shall provide annual training to all officers Management, is principal shareholder of Rainwaent” to a necessary training need for the of- that ... emphasizes the prohibition against [un- ter, Holt, and Sexton, P.A., a state-wide personal ficer in question, an inexperienced officer lawful] profiling ... and stresses ... development injury and disability law firm. He has been a lawwho had been hired and put on patrol with of effective and appropriate methods of carrying yer for more than 30 years, is a former deputy prosno training although he was in line for stan- out law enforcement duties.” ecuting attorney and has defended city and county dard training provided by the state law enA.C.A. 12-12-1404. This annual training is officials for more than 25 years.)

“A

14

”

COUNTY LINES, WINTER 2012

COUNTY LINES, WINTER 2012

15

AAC

Friends

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »» » a n d fa»m» »i ly

May v. White dismissal affirmation good for counties The Supreme Court of Arkansas ruled Jan. 12 in favor of the counties and affirmed the dismissal of the complaints of the plaintiffs (taxpayers) in May v. White, Arkansas Supreme Court Case No. 11-652; regarding assessments of mineral interests in Arkansas.

The court ruled that: “Because the taxpayers’ claim did not challenge the validity of the underlying tax, it is clear to this court that this suit does not come within the Arkansas illegal exaction provision.”

The court further held that in Arkansas the proper legal process for contesting an assessment of real property on its value (or on an ad valorem basis) is before the county board of equalization and county court where the property is situated

as per A.C.A. 26-27-317 and 318. The court further held it would not allow plaintiffs or taxpayers to bypass or ignore the legal process set forth by law for contesting property assessments in Arkansas which involves processes concerning the equalization board and determines that appeals go through the county court.

Many county attorneys filed briefs and raised all of the necessary and important issues to the lower court and supreme court concerning this decision. The Association of Arkansas Counties is appreciative of the intervention by the schools and the Attorney General.

An escrow as initially considered by the lower court would be damaging to the state and to the taxing units; and the team effort clearly persuad-

2012 AAC Scholarship application process

Qualifications for students seeking AAC Scholarships: 1. Applicants must plan on attending or is already attending college, graduate school or other qualifying education institution.

2. Applicant must have a financial need.

3. Applicant must have a current grade point average of 3.0 or above and a minimum ACT score of 18.

4. Applicant must be or will be a high school graduate of the State of Arkansas.

5. Applicant must be a child, grandchild, adopted child, or stepchild of a current or retired county employee of Arkansas.

Instructions for completing application: 1. Application is to be completed by applicant.

2. All parts of the application must be

completed in full. Please type or print in black or blue ink.

3. The following is required to be attached to completed application: Without the following information, application will not be processed: • Three (3) character reference letters, one from a county employee other than a relative.

• An official transcript of courses taken along with ACT/SAT scores.

• A biographical statement, including family and educational background, financial need, work history and other pertinent information about yourself.

4. Send completed application with attachments to: Scholarship Trust Association of Arkansas Counties 1415 W. Third Street Little Rock, Arkansas 72201 5. Completed applications must be received between January 1, 2012 and May 1, 2012 in order to be considered for this year’s scholarship.

On the Web: Go to www.arcounties.org, click on Risk Management Services and then click on AAC Scholarships for complete application.

COUNTY LINES, WINTER 2012

ed the lower court to “see the light” and the law.

Following this ruling by the supreme court, it will be much more difficult for a taxpayer or their counsel in good faith to seek to contest their ad valorem property tax assessment by filing directly in circuit court (as an illegal exaction claim or otherwise).

Also following this ruling, such a filing may likely be met with a claim for award of attorney’s fees to the counties.

There will always be disputes over property assessments, but unless complaints can allege an illegal tax, an illegal exaction claim, then the contest will go through the process afforded by law to the county equalization board and then to county court.

AAC scholarships provided more than $140,000

T

he Association of Arkansas Counties established a Scholarship Trust in 1985 for the purpose of providing college financial assistance to the children, stepchildren and grandchildren of Arkansas county and district officials and employees.

“Providing scholarships to the relatives of county and district officials and employees has been a positive endeavor for the AAC for more than 25 years,” Chris Villines, AAC executive director, said. “We are proud to carry on the tradition of the Scholarship Trust and look forward to the qualified applicants every year. Education is the key to a fundamentally sound future and we are pleased to impact the futures of our scholarship recipients.”

Some of the requirements for applicants include a minimum 3.0 grade point average, a minimum ACT score of 18, high school graduate of Arkansas and all recipients must be a child, grandchild, adopted child, or stepchild of a current or retired county employee of Arkansas.

The deadline for 2012 scholarship applications is May, 1, 2012.

Along with the Association of Arkansas Counties, the following affiliate 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 •The Arkansas Sheriffs’ Association

The success of this Scholarship Trust can be attributed to the financial support from the county and district officials of Arkansas along with the many memorials and honorariums from various groups and organizations, as well as relatives and friends.

17

AAC

F a m i ly

and

Friends

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Medical costs for county, state prisoners

A

Is your county paying the government rate?

cross the country, inmate medical costs are estimated to be about $3 billion. Medical care for inmates is such a major cost that the state of California had to reduce its prison population by 30,000 prisoners, or by about 20 percent, due to the inability to provide medical care to its massive prison populations. The United States Supreme Court held in Brown vs. Plata that the California prison system failed to deliver access to minimal care for prisoners with serious medical and mental health problems and produced “needless suffering and death” in violation of the Eighth Amendment of the United States Constitution’s prohibition on cruel and unusual punishment.

There are significant challenges to reigning in the costs of medical care provided to inmates.

Seeking out cost-saving arrangements for medical expenses should be a priority matter for the AAC, the Arkansas Sheriffs Association and each county.

A major problem arises from medical services rendered by hospitals to inmates. Fortunately, some local hospitals provide care to indigent inmates free of charge. Traditionally, hospitals in the United States were mostly nonprofit or charitable institutions supported by governments or religious organizations.

However, recently more for-profit hospitals have emerged. Hospitals situated in countyowned buildings or supported by local property taxes should have prudent county officials negotiating for agreements for medical care for indigent inmates free of charge or at reasonable government rates, such as Medicaid.

Does your county have an agreement with your local hospital?

The Emergency Medical Treatment and Active Labor Act of 1986 (“EMTALA”) provides that any patient who comes to the emergency department requesting examination or treatment must be provided with an appropriate medical screening examination to determine that the person is suffering from an emergency medical condition. The intent of the legislation is to prevent a hospital in the United States from “patient dumping” and transferring patients in need of emergency medical attention and treatment to a charitable hospital or county hospital. However, once the person is admitted and stabilized, the obligations under EMTALA 18

end. A catastrophic illness or overnight stay by an inmate can destroy a county jail budget.

County officials and the general public alike lack access to information to ascertain if the invoice from the medical provider is based on costs, and the invoice may be excessive.

Health Reform Watch, a blog of Seton Hall University School of Law, reported that when patients do not have the benefit of insurance, that hospitals and doctors “routinely double, triple or even quadruple the price for unprotected patients.”

The authors of the report concluded that: “such huge mark-ups can only be regarded as price-gouging — exploiting market power to charge price virtually unrelated to actual costs.”

Arkansans can rightly consider it unconscionable that a medical provider would price-gouge their aunt or uncle or any person. Do you have personal experience of receiving an inflated medical bill? A friend? A loved-one? Consumer watchdogs tell us to notify the prosecuting attorney or the Attorney General to determine if the acts are illegal or violate the “Arkansas Trade Practices Act.” Are adequate laws and enforcement in place in Arkansas to protect the sick from exploitation? Apparently not. In fact, there is no law in Arkansas to ensure that local governments are not price-gouged or sent inflated invoices on inmate medical costs.

The Legislatures of Kansas (K.S.A. § 224612) and Colorado (C.R.S.17-26- 104.5) have enacted civil laws to assure their local gov-

Research Corner

ernments pay government rates, Medicaid rates, for inmate medical services.

State Senator Jim Luker, Mark Whitmore Chairman of AAC Chief Counsel Senate Judiciary Committee, courageously filed similar legislation (SB 847 of 2011) which has been submitted to interim study. The Colorado statute recognized that hospitals that receive state money should not bill the government in excess of the government rate. Many hospitals in Arkansas receive financial support from state and local governments. In 2009 the Arkansas General Assembly adopted a tobacco tax to fund trauma and emergency medical care systems in Arkansas. Given the state government funding and EMTALA (above), why should county government subsidize the state trauma system or state or local hospital emergency departments?

Arkansans and the members of the General Assembly may find it unconscionable that a hospital or medical provider would invoice local or state government in excess of the government rate — Medicaid — for services rendered to a county or state inmate.

It’s plain that payments in excess of the government rates are wasteful. The government should simply pay only the government rate.

Dollars & Sense

Do you know what rate your county pays for medical services for inmates?

Counties are not all invoiced at a government rate or even a consistent rate for medical services rendered to county inmates.

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Jon Moran (above), governor’s liaison, welcomes county officials and state representatives and senators to the Governor’s Mansion on Nov. 17.

Left: AAC representatives welcome various officials to the Governor’s Mansion on Nov. 17.

Association hosts reception for 88th Arkansas General Assembly at Governor’s Mansion in November The Association of Arkansas Counties reception honoring the 88th Arkansas General Assembly at the Governor’s Mansion in November provided county officials and state senators and representatives a chance to network and discuss issues facing elected officials at all levels.

Above: State Sen. Randy Laverty embraces Mr. and Mrs. Johnny Rye, Poinsett County Assessor and AAC board member.

Below: Sherry Bell (from left), Columbia County Clerk; Rhonda Cole, Clark County Clerk; and Judy Beth Hutcherson, Clark County Treasurer arrive at the Governor’s Mansion and are greeted by Chris Villines, AAC executive director.

Mike Jacobs, AAC Board president, welcomes State Rep. Tommy Lee Baker of Osceola (Dist. 55) to the 88th General Assembly reception.

20

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Reception attendees mingle in the ballroom.

Judy Burnett, Prairie County Treasurer, and Doyle, her husband, enjoy the reception.

Chris Villines, AAC executive director, shakes hands with Faron Ledbetter, Madison County Clerk and AAC board member; and Phyllis Villines, Madison County Circuit Clerk.

COUNTY LINES, WINTER 2012

21

AACConferencerecap

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Chris Rodgers, National Association of Counties first vice president, and Douglas County, Nebraska commissioner, leads the audience in calling the Hogs with Mike Jacobs, AAC president, and Chris Villines, AAC executive director.

Below: Gov. Mike Beebe welcomes conference goers to Little Rock.

County officials identify changes, opportunitiesatAAC annual conference

E

very year, the Association of Arkansas Counties hosts its annual conference in August to continue its mission to make county government better and to educate and celebrate county officials across the state of Arkansas.

The 2011 AAC annual conference was themed, “Waves of Change ... Oceans of Opportunity,” and was held at The Peabody in Little Rock.

“County officials work diligently all year long to make their counties better,” said Chris Villines, AAC executive director. “The annual conference allows us to acknowledge the accomplishments of the last year, share positive and efficient practices for the year to come and to enjoy our collective county government fellowship.”

The 2012 AAC annual conference is scheduled for Aug. 8-10 at the Northwest Arkansas Holiday Inn Convention Center in Springdale.

For more information on the AAC annual conference concerning sponsorships, vendor opportunities or general registration, contact Jeanne Hunt at the AAC at (501) 372-7550 or e-mail her at jhunt@arcounties.org.

22

Lanny Fite (right), Saline County Judge, takes time to pose after having some fun with Chris Villines, AAC executive director, and Scott Davis, a magician who provided entertainment for the event.

COUNTY LINES, WINTER 2012

AACConferencerecap

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

AAC annual conference golf tourney

Max Tackett, director of Southwest Solid Waste Regional Management District and former Howard County Judge, putts as his teammate Scott Moody, owner of Little Rock Equipment, looks on during the AAC’s benefit golf tournament at Eagle Hillls in Little Rock in August. Tackett and Moody won the two-person scramble with a 61.

The annual tournament will now be called the Randy Kemp Memorial Scholarship Golf Tournament. Learn more about the tournament’s new name on page 39.

AAC Scholarship Golf Tournament leaderboard First Flight Moody and Tackett – 61 Cole and Ussery – 62 Clinard and Hall – 62 Julian and Johnson – 64 Beard and Hutsell – 65 Washington/Bradley – 66 Moss and Cruse – 66 Crawford and Bradley – 66 Fowler and Fowler – 67 Theis and Scott – 68 Faulkner and Hendrix – 68 Second Flight Bradberry and Ryan – 69

Elizabeth Sullivan, AAC receptionist, salutes during dinner at the conference. Sullivan isfeaturedinaAACstaffprofileonpage.04

Whitmore and Moore – 69 Mayo and Gardner – 70 Welch and Welch – 71 Baker and Baker – 73 Bolin and Crone – 74 Dorney and Leek – 74 Tucker and Villines – 75 Fisher and Jones – 75 Owens and Rainwater – 75 Davenport and Moran – 78 Closet to the pin Closest to the Pin #6 Max Tackett Closest to the Pin #14 Jim Crawford Closest to the Pin #16 Marty Moss

Mike Jacobs, Johnson County Judge and AAC board president, speaks to the audience prior to the conference scholarship presentations.

Scott Davis, a magician, entertains the crowd during the annual conference.

35 counties earn AAC safety awards at conference in Little Rock

T

he Association of Arkansas Counties awarded safety awards at its annual conference in August, honoring counties that scored 80 percent or higher on AAC’s safety survey, maintained a loss ratio of no more than 60 percent and had not been on the worker’s compensation hazardous employer program during 2010 or 2011.

“Safety is key in the dynamic environment of county workers,” Chris Villines, AAC executive director, said. “It is important to award those COUNTY LINES, WINTER 2012

entities that have identified the safety of their workforce as one of their prime goals. Congratulations to all the safety award recipients.”

Counties receiving annual AAC safety awards were: Arkansas, Baxter, Benton, Boone, Chicot, Clark, Clay, Cleburne, Cleveland, Craighead, Dallas, Desha, Drew, Franklin, Garland, Howard, Independence, Lawrence, Lincoln, Marion, Mississippi, Nevada, Perry, Pike, Poinsett, Polk, Pope, Prairie, Scott, Sebastian, Sevier, Sharp, Stone, Van Buren and Yell counties.

23

AACConferencerecap

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

2011 Exhibitors & Sponsors Thank you for your continued support of county government a.c.t. GeoSpatial, Inc. (501) 771-2985 www.actgeospatial.com AAC Risk Management Services (501) 375-8805 www.arcounties.org ADEM/Federal Surplus Property (501) 683-6700 www.adem.arkansas.gov ADEQ Solid Waste (501) 682-0583 www.adeq.state.ar.us AEP-SWEPCO (501) 379-1127 www.aep.com www.swepco.com A-Lert Roof Systems (800) 344-0609 www.centurionind.com American Stamp & Marking Products, Inc. (800) 872-7840 www.americanstamp.com Apprentice Information Systems, Inc. (479) 631-8054 www.apprenticeis.com Arkansas Attorney General (501) 682-2007 www.ag.arkansas.gov Arkansas Auditor of State (501) 682-6030 www.auditor.ar.gov Arkansas Bankers Bank (501) 371-0535 www.arbankersbank.com

AAC photos / Brenda Hildebrandt

Waylon Heathscott, White County Justice of the Peace, relaxes after enjoying dinner at the fish fry at the River Market in Little Rock.

Right: Caterers work to keep patrons cool before the night’s musical entertainment.

Arkansas Coalition for Affordable & Reliable Electricity – ACARE (318) 673-3394 www.aep.com Arkansas Commission on Law Enforcement Standards & Training (870) 574-1810 www.clest.org Arkansas Dept. of Environmental Quality (501) 682-0583 www.adeq.state.ar.us Arkansas Electric Cooperatives, Inc. (501) 570-2200 www.aecc.com

Arkansas Game & Fish Commission (501) 223-6301 www.agfc.com Arkansas Geographic Information Department (501) 682-2943 www.arkansas.gov Arkansas Good Roads Transportation Council (501) 375-8566 www.agrtc.com Arkansas Insurance Dept. – Consumer Srvs.

(501) 371-2640 www.insurance.arkansas.gov Arkansas Land Commissioner (501) 324-9222 www.cosl.org

Arkansas Broadcasters Association (501) 227-7564 www.arkbroadcasters.org

Arkansas Farm Bureau Federation (501) 224-4400 www.arfb.com

Arkansas Livestock & Poultry Commission (501) 907-2400 www.arlpc.org

Arkansas CAMA Technology, Inc. (501) 771-2985 www.actdatascout.com

Arkansas Federal Credit Union (501) 982-1000 www.afcu.org

Arkansas Secretary of State (501) 682-1010 www.sos.arkansas.gov

24

Asphalt Zipper, Inc. (801) 847-3200 www.asphaltzipper.com

DataScout, LLC (479) 521-5607 www.datascoutpro.com

AT&T (501) 373-8084 www.att.com

Democratic Party of Arkansas (501) 374-2361 www.arkdems.org

Bank of the Ozarks (501) 317-7076 www.bankozarks.com Ben E. Keith Company (501) 978-5000 www.benekeith.com Center for Preparedness & Recovery (479) 880-4192 www.atu.edu Community Health Centers of Arkansas, Inc. (501) 374-8225 www.chc-ar.org Crews & Associates (501) 978-7953 www.crewsfs.com D.I.S.C. Imaging Systems (501) 223-2236 www.discllc.com

Election Systems & Software, Inc. (402) 970-1217 www.essvote.com Employer Support of the Guard & Reserves (501) 412-4018 www.esgr.org Equal Employment Opportunity Commission (501) 324-6372 www.eeoc.gov Financial Intelligence (501) 246-8060 www.financial-intel.com Friday, Eldredge & Clark Law Firm (501) 370-1517 www.fridayfirm.com

COUNTY LINES, WINTER 2012

AACConferencerecap

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Potlatch Corporation (870) 226-1250 www.potlatchcorp.com

Vicki Rima, conference volunteer and former Garland County Circuit Clerk, directs conference participants at the registration table. About 600 people attended. The 2012 AAC conference will be Aug. 8-10 at the Northwest Holiday Inn Convention Center in Springdale.

Rainwater, Holt & Sexton, PA (501) 868-2500 www.callrainwater.com Republican Party of Arkansas (501) 372-7301 www.arkansasgop.org Ricoh Americas Corporation (501) 227-8170 www.ricoh-usa.com

AAC photo / Cindy Posey

Snap-Tite (281) 635-3524 www.isco-pipe.com SouthBuild, LLC (901) 843-0805 www.southbuild.com Southwest Solutions Group (972) 250-1970 www.southwestsolutions.com Southwestern Energy Company (501) 548-6819 www.swn.com

AAC photo / Brenda Hildebrandt

H.O. Gray, Jefferson County Justice of the Peace, addresses the attendees during the conference ceremony.

AAC photo / Brenda Hildebrandt

Nik and Sam play a set for the crowd after the fish fry at the River Market.

Georgia Pacific Corporation (501) 753-3374 www.gp.com GovDeals, Inc. (334) 387-0476 www.govdeals.com Group Insurance Consultants (479) 783-2255 HMN Architects (913) 451-9075 www.hmnarchitects.com

Information Capital (501) 246-8060 www.gowithtaxpro.com Information Network of Arkansas (501) 324-8913 www.arkansas.gov Justice Solutions (800) 614-6361 www.badgetogavel.com Keep Arkansas Beautiful (501) 682-3507 www.keeparkansasbeautiful.com

COUNTY LINES, WINTER 2012

Stephens, Inc. (501) 377-2000 www.stephens.com Systemedic Corporation (501) 227-5553 www.systemedic.com TaxPro (501) 246-8060 www.gowithtaxpro.com

LGS - Local Government Solutions (972) 351-9100 www.us-lgs.com

Mid-Continental Restoration Company, Inc. (620) 223-3700 www.midcontinental.com

Liberty National Life Insurance Company (501) 225-5556 www.libnat.com

Morgan Keegan (800) 222-8866 www.morgankeegan.com

Total Assessment Solutions Corporation (870) 356-4511 www.totalassessment.com

National Association of Counties (202) 393-6226 www.naco.org

Tyson Foods (800) 643-3410 www.tyson.com

LifeNet (903) 832-8531 www.lifenetems.org

Value Payment Systems, LLC (615) 730-6367

Louisiana Binding Service (337) 309-9611 www.louisianabindservice.com

Nationwide Retirement Solutions (405) 282-3577 www.nrsforu.com

Matthews, Sanders & Sayes Law Firm (501) 378-0717 www.msslawyers.net

NovaSys Health (501) 219-4443 www.novasyshealth.com

Walmart Stores, Inc. (479) 633-5288 www.walmart.com

Pictometry (479) 426-5999 www.pictometry.com

Warrior of Arkansas (501) 455-2540 www.warriorark.com

Michael Ryburn, Attorney (501) 228-8100

www.valuepaymentsystems.com

25

AAC amily

F

& F riends

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

‘Randy was excellent at living life’

T

Former director recalls hiring Randy Kemp as AAC’s first communications director

hat late Sunday night phone call was the phone call none of us want to get – a devastating “bad news” phone call. I can still hear Chris [Villines’] voice – the tremble and crack of his voice as he said, “Eddie, Randy has been killed in a motorcycle accident.”

It was a sleepless night for many others and myself as we reflected on our good friend and colleague. Randy was one of the most genial, pleasant people I had ever had the privilege to work with.

Unfortunately, I was not a life-long friend of Randy’s, and that’s my loss. But the few years I knew him were rich. I met Randy Kemp in the early part of 2008 at a county government event at the Cleburne County Courthouse when he was editor of the newspaper in Heber Springs. He was covering the event.

He made an impression on me that day, and not because he was flashy, not that he stood out in the crowd and not that he said anything earth-shattering or extremely important in our first meeting and conversation. The thing that stood out about Randy Kemp that day, and from then on, was how down-to-earth, how real, and how genuine he was. And he loved life! I truly believe Randy was one of those that would say, “I am not afraid of tomorrow, for I have seen yesterday and I love today.”

At the time I was executive director of the Association of Arkansas Counties and I was considering adding a communications director to our staff. Randy and I started communicating about this possibility through e-mail and telephone conversations. You know the end of that story.

When I interviewed people for the position, Randy was the first person I interviewed. I again was impressed with him for the reasons I mentioned earlier and because of his experience, his knowledge of the business and the journalism products that he had produced. I was also impressed with Randy because he was a family man. He loved to talk about his wife and family and it was always in a positive way.

I hired Randy and he became a part of the AAC staff/family in July 2008. Randy Kemp, as managing editor of our County Lines magazine, produced what I believe to be the best county government magazine in the country and I’ve seen and read most of them.

Randy told me several times that his job as communications director for AAC was his “dream job.” The job he had dreamed of having but wasn’t sure he would ever have. He said it 26

almost felt wrong to take money for something he loved doing so much (although he never turned down a paycheck).

The job may have been Randy’s dream job, but Randy was the “dream employee.” He was the perfect fit for the job. He fit like a wellformed and contoured soft leather glove. He showed up for work and he worked diligently and professionally. He never caused problems and never got caught up in any workplace drama. I am so thankful that I took the time on several occasions to let him know that I appreciated the job he did. I would always get the usual “Randy Kemp smile,” and he would simply say, “Thank you for noticing, I try.”

Randy Kemp was not only excellent at his profession of journalism, but excellent at living life. I tried to have a good personal relationship with each of my employees at AAC while there as director. Each relationship was different.

Mine and Randy’s “thing” was trying to outdo each other in “turning a phrase” in our e-mails to each other. It was our way of keeping each other on our toes and sharpening our writing skills. There was no doubt Randy was much better at it than me.

Let me share an example that will reignite your memory of Randy. While I was home for a week of vacation during the Thanksgiving holiday week of 2009, Randy and I exchanged e-mails one morning (the staff said I never really took vacation time because even when I was away from the office, I continued to contact them checking on the progress of our work for that week). I had seen something in the paper that particular morning and I wanted Randy to follow up on it. So I sent him a e-mail.

Randy replied chit-chatting with candor and great description about my family’s horseback riding the day before as well as the “unusual” government function held in the AAC conference room the previous day.

He also addressed the bit of news I had emailed him about in the first place. Being the Wednesday before Thanksgiving and knowing that the AAC offices would be closed for a few days, he could not resist closing his e-mail in this fashion: “Meanwhile, in every room of the AAC building we labor tirelessly on, chipping away at the granite stones of work and responsibility we are each responsible for… each with hammer and chisel, some tapping gently, some polishing, others pounding with sledge and steel, but all working in concert under the bur-

sesme to me.

den of moral obligation to our elected officials, and moreover to each citizen of our great and magnificent State to leave county governEddie A. Jones ment better Guest Writer and more perfectly formed at the end of this day than when we arrived. And so to that end I must end this soliloquy, with special urgency due to the pending darkening of our grand halls these next four days as we pause from our labors to reflect and be thankful. Hope this finds you thankful – most likely, thankful that this bit of prose is finally coming to an end.”

That was so Randy Kemp, and a part of him that I really enjoyed.

I fully understand that there is a master plan for each of us. If I had been writing the plan, Randy would have been given more time on this earth, but I’ve been known to mess things up, too. I don’t pretend to understand why things like Randy’s sudden and tragic death happen, but they do. Not all things are good (humanly speaking) but, “we know all things work together for good to them that love God, to them who are called according to His purpose.” [Romans 8:28] And anyone who really knew Randy knew that he loved the Lord.

Someday our life’s journey will be over and we don’t know when. May we all have the grace and finesse to be like Randy Kemp, living life abundantly and through faith and finishing well! Most people walk in and out of your life, but friends like Randy leave footprints in your heart.

Randy, dear friend, you may be gone but you are not forgotten. Not today, not tomorrow, and not in the years to come. You, Randy Kemp, have made an indelible impression upon our hearts.

Eddie Jones of Pocahontas served as Randolph County Treasurer from 1981 until taking the reins as AAC Executive Director in 2007; he retired that post in mid-2010. Readers can reach him at: e.jonesconsulting@gmail.com

COUNTY LINES, WINTER 2012

AAC

F a m i ly

and

Friends

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Remembering a ‘friend’

I

Randy was a bucket filler

dis ’ro tce

eka t

n August, we all lost a great friend in Randy Kemp. His role spinning, the possible outcomes his answer in our collective lives was so much bigger than publishing a would produce, and the no-win situation magazine. When thinking of his impact on the world, I have to that Jeff had put him in. So he’d smile, turn to one of my 9-year-old daughter’s sayings: “Dad, did you look at Jeff and say, “I’m not going to anknow that God wants us to be bucket fillers, not bucket dippers?” I love swer that.” It would give us all a laugh. the simple and elemental faith of a child.

There are three things I will always Randy was a bucket filler. remember about Randy: his love for others, And Randy was never a bucket dipper. his constant striving for perfection and his His faith was strong, and we had many conversations about it. He passion for hobbies.

Chris Villines loved Jesus. Any time you talked with Randy, you could tell in his He was a great encourager, be it sending AAC countenance that there was a rock of steadiness deep within him. In the notes on the back of a picture to my wife Executive Director time I’ve known him — since Eddie Jones hired him at the Association Tonya when she broke her ankle, or cards of Arkansas Counties up until his last day on the job — I never, not one to each of us in the office that lifted our time, saw him anger. I never, not one time, saw him in a foul mood, spirits during troubled times. He would and I never, not one time, saw him say one single, solitary mean-spirited pray with some of us at times we needed strength, and celebrate with us word about someone else. when things went well.

Even in times where my missed deadline threatened to make the His door stayed open, and his empathy was never hidden. magazine late, he would calmly come in and gently remind me that he He constantly tried to improve. needed something.

The County Lines magazine was He filled up our collective his baby, and in three short years, buckets with these attributes, and here are three things I will always he brought it from an average gave me someone to admire. He production to what I consider to remember about Randy: his love was often my rock of steadiness. be one of the best county associaSince his death, I’ve been tion publications. His attention for others, his constant striving for perfection, approached by hundreds upon to detail was combined with great hundreds that knew Randy incorporation of artistic flair — it and his passion for hobbies. and all have repeated the same was something he took great pride thing — they never saw him in in. It has been a rallying point for a bad mood. the counties across Arkansas, and And they never saw him in such a hurry that he couldn’t spend some 1,300 elected county officials, 15,000 county employees, hundreds of time with them. These are rare traits, and I know only a handful of state officials and countless others have been touched by the stories and people in my life that I can say that about. He filled their buckets. pictures in it.

Randy knew where he was comfortable. He was comfortable behind While we all have hobbies, few of us ever really submerge ourselves in a camera or sitting behind his Apple computer writing and assembling them like Randy. He loved photography and motorcycling. He would the magazine. But I loved watching him stretch and do those things that climb anything to get that one perfect picture. There are footprints all went outside of his routine — he always handled them gracefully and in over the top of our building and Cotham’s restaurant next door that his own way. will never be seen by others. And motorcycles — did he love them. It I’ll always remember last spring when we reversed roles at a meeting. seemed such a polar opposite of the man I knew in the office. Just prior Randy was in front of the audience speaking to them about how to deal to his death, I saw a man come in our front door, covered in gloves and with the press, and I had grabbed his camera to take pictures. It probmotorcycle gear with his helmet on. ably took him weeks to get the settings on that camera back to where he When the hat came off and it was Randy, I took pause and tried to liked them. reconcile the serenity of his personality with the tough-boy image of While I would have liked to have stood in one spot to get the pica motorcycle rider. Two of Randy’s favorite things in this world were tures, I did it the “Randy” way just to mess with him while he was in motorcycles and God, and I find great comfort knowing that when he front of that crowd, walking from corner to corner and trying to be as left this earth, he transitioned directly from one to the other. obtrusive and distracting as possible. He handled it well, with a chuckle, Randy Kemp was many things to many people. He was an editor, a and went about his presentation. writer, a photographer, a boss, an employee, a co-worker, a motorcycle In our office we are often lightheartedly ribbing one another, and rider, a brother, a dad, a granddad, a husband. But every person who I reflect often on the many times Jeff Sikes, skilled in lawyerly and knew him has a common thread — to each of us, he was a friend. philosophical debate, playfully baiting Randy in their conversations He was warm and loving ­and as we think of him in the future, I find to box him into a corner, be it whatever subject. Randy was a wise solace in the fact that none of us can think of a bad memory that we man and quickly developed the talent of long pauses while he thought have of Randy. about where he was about to be hemmed in. You could see his wheels Our memories of Randy will forever keep our buckets full.

“T

COUNTY LINES, WINTER 2012

”

27

Lasting impressions from ‘person behind the camera’

F

ormer AAC communications director Randy Kemp, 55, left footprints in the hearts of those who knew him.

The way he lived is what made his passing significant for so many. His sudden tragic death left a void for his family, friends and AAC co-workers. The vastness of his impact on the people he came in contact with speaks volumes about Randy, and the evidence of the magnitude and greatness of Randy’s spirit lives on in the minds and voices of his family, friends and peers.

On Aug. 15, 2011, news of Randy’s fatal motorcycle accident on State Highway 9 a day earlier spread across the AAC family and the state to the extended family of Randy’s closest friends. The unthinkable had happened to a very good man.

A consortium of those who knew Randy best would agree that his essence, if it had to be summarized, would simply be, “a good Christian man who loved his life and served all the people in it.”

He was a respected journalist and photographer who had enjoyed a successful 31-year career in the newspaper industry before becoming the AAC’s first communications director in 2008. He was born in Batesville and was the youngest of three siblings — two sisters and a brother. Randy was a loving father, grandfather, husband, brother and friend.

Randy shot this photo in October 2009 during a family vacation to Florida.

Editor’s note: Peggy Kemp, Randy’s wife of 36 years, and David, his youngest son, sat down with County Lines to describe family memories, share photos and help explain Randy’s personal essence to the readers he served for the last three years. Jeremy, the Kemp’s oldest son, lives in Auckland, New Zealand, with Leslie, his wife, and their two children — Corin, 3, and Ethan Randel, two months. David lives with his wife Charity in Conway.

Background artwork: Photo by Randy Kemp, sunset at the Gulf Coast.

Words of men define our lives

Randy and Peggy Kemp enjoy a trip to St. Louis last June. The two were married in 1975.

D

By Scott Perkins County Lines Editor

escribing a servant is more than a “one-word” proposition.

At Randy Kemp’s funeral, David, the Kemp’s youngest son, eloquently spoke about his dad, who he said was his friend and his mentor. He described how a reporter had recently asked him to explain his dad in one word.

He said hundreds of adjectives rushed through his mind, but after some thought and hearing stories about his father, he determined “servant” to be the word.

“I’m proud of my dad for all he accomplished as a journalist, a photographer and a mentor. I’m proud of the shining example he set as a husband, a father, a co-worker and a friend. But I am most proud of his amazing legacy and the lasting impression he left on everybody who had 28

Randy takes a nap with his grandson Corin. the privilege of knowing him,” David said at the service.

Even unbeknownst to his family, Randy’s days were peppered with acts of kindness seeded in selflessness and Christian values.

Matthew 14:16 might best sum up Randy’s philosophy of life, according to Peggy.

“But Jesus said to them, ‘They do not need to go away. You give them something to eat.’”

“Randy tried to put this into practice in every facet of his life,” Peggy wrote in an e-mail. “He didn’t consider it special to him, but rather a way that all Christians should live their lives.”

After his death, the Kemps said they heard stories from countless people about Randy’s random acts of kindness: how he took his coat, COUNTY LINES, WINTER 2012

Randy sports his Jesus Tshirt while on a family outing.

Peggy said Matthew61:4 might best sum up Randy’s philosophy on life.

“But Jesus said unto them, ‘They do not need to go away.

You give them something to eat.’”

Randy and David, his youngest son, enjoy the Gulf Coast at the beach. sleeping bag and a bag of warm food to a homeless man who he happened to stumble upon during one of his morning walks around the Capitol area; he gave his saved and stashed “motorcycle fund” money to a young single mom so that her kids could have Christmas presents; rotated calling various older relatives on his drive home every day — including his sisters, sister-in-law, and Peggy’s step-dad; taught basic car/ home maintenance skills to the young man who lived next door because the young man had no one to teach him those things while growing up.

The stories shared with the family, they said, while they were mourning his death are far too numerous to share all of them.

“He found a way to live his convictions in an unassuming, humble manner, and in ways that I’m still hearing about,” Peggy said.

“I didn’t realize until the services that he left an impact on so many people,” David said. “I was surprised by the outpouring of appreciation for him.”

‘Hey, I know that guy’ Randy made numerous contacts throughout his career of newspaper work, volunteering and community involvement.

“He could see anybody and just talk to them,” David remembered while he affectionately shook his head. “We couldn’t go anywhere in a couple-state area without Dad stopping to talk with people.”

Randy has some fun on a road trip with the family.

COUNTY LINES, WINTER 2012

After his death, the family said they learned about numerous stories about Randy selflessly helping others. They heard about him giving clothes and a warm sleeping bag to a homeless man he ran into, and sharing his “motorcycle fund” money with a single mom who needed funds for Christmas.

Peggy chimed in and said, “Couple of states? We were walking on the beach one day in Florida and Randy saw this gentleman and he said, ‘Hey, I know that guy. I can tell by the way he is walking.’”

Peggy said Randy approached the man he recognized and they talked for quite some time.

“We could go somewhere and he would know someone,” David added.

The Gulf Coast was the Kemp’s annual vacation destination until just a couple of years ago, when their oldest son Jeremy moved to Auckland, New Zealand.

“He could talk to anybody,” David reiterated. “On the way to the beach in Pensacola one day with the family, Dad was wearing his ‘Jesus’ shirt and just off the street struck up a conversation with a stranger who noticed his shirt and commented on it.”

The two spoke for more than several minutes.

“We had to pull him away,” Peggy said with a slight chuckle as she Continued Page 39

>>>

Randy shows off a big bass with Jeremy, his oldest son. Jeremy now lives in Auckland, New Zealand, with his wife Leslie and their two children — Corin, 3, and Ethan Randel, two months.

29

It’s not about the camera. It’s about the

person behind it.

— Randy told his son David at a Cardinals game.

I’ve learned you can say

anything if you smile when you say it.

Randy earned a bachelor’s in journalism in 1978, and became a mainstay at The Daily Citizen newsroom for 13 years.

— Randy said in regards to an editor’s role

Background art work: Photo by Randy Kemp, fall foliage.

Randy begins ‘newsman’ journey in White County

R

Masters two newsrooms over three decades

andy Kemp earned a bachelor’s degree in journalism in 1978 and was the reporter who could do it all at The Daily Citizen in Searcy for 13 years. His roles at The Daily Citizen ranged from photographer to beat reporter.

“You know he was a beat reporter in Searcy for years,” his wife, Peggy, explained. “He enjoyed being in the middle of things.”

“I think he enjoyed all the connections or relationships with people in the newspaper business,” his son, David, said. “He was interested in people and I know he liked the relationships he got to build with thousands of people. That whole note pad wouldn’t hold the names of the people that he touched.”

Randy was an award-winning newspaperman of high journalistic integrity who practiced and taught fair and accurate coverage of the public’s business.

David described a conversation he had with Randy one day about dealing with the public’s requests not to publish certain stories in the newspaper.

“We were sitting and talking one day and I asked him about handling people’s requests to not publish something that should be published,” David said.

Some of these requests are oftentimes accompanied by offers of services, goods or other instruments of bribery. The stories were of course a matter of public record and Randy’s journalistic integrity wouldn’t allow for any inconsistencies in coverage.

“He taught me something that day,” David said.

“How do you … tell them,” David remembers asking his father.

Randy smiled and said, “I’ve learned you can say any thing if you smile when you say it.”

The merger of two newspapers in Cleburne County presented the next step in Randy’s career path. The Cleburne County News and Arkansas Sun newspapers in Heber Springs consolidated efforts after being purchased by the same company. He became the editor of the newly named Sun-Times in 1990.

“When The Cleburne County Times and Arkansas Sun in Heber Springs were purchased by my employer, I was named publisher and knew we would need a special person to serve as editor of the consolidated newspapers,” said Gene A. Austin, former Sun-Times publisher.

“I was excited when I received Randy Kemp’s resume. He was a proven newsman with an easy going personality and the personal values needed 30

to accomplish our task at hand. Randy did an exceptional job building a competent staff. Under his leadership, the staff provided excellent news coverage, pulling together Times and Sun readers and advertisers. Randy was a special person and I miss him.”

Randy’s “jack of all trades” reputation and skill set served him well as he cultivated the news gathering forces, policies and local sources for the newly formed paper.

“His first words of advice were, ‘if you are getting into this business for fame and fortune, you need a new major because that is not going to happen,” Lorie Mink, Sun-Times co-editor wrote on the Sun-Times Web site in a comment chat set up for Randy. “Reporting is pretty much a thankless job that causes you nothing but grief. People will yell at you and call you names. The hours are long, the pay is small, and at the end of the day, the only thing you have to fall back on is your sense of accomplishment at getting the truth out to the people.’ He taught me everything I know.”

Photography was also a skill that came naturally to Randy and it was one he continued to hone during his years of newspapering and “on the side” photography jobs.

The newspaper business is not known to be one of the highest paying professions, Peggy pointed out, and “Randy did what he needed to do for his family.”

Peggy and Randy took a photography course together in college and Peggy said it was apparent that Randy had that “innate skill” of shooting with a great eye.

At a St. Louis Cardinals baseball game, David said he was toting a very nice point-and-shoot camera while Randy just had his iPhone.

“I asked him, ‘Dad don’t you want to use my camera instead of your phone?’” David said he mentioned how his camera had more megapixels and so on.

“It’s not about the camera,” Randy simply said as he smiled. “It’s about the person behind it.”

Sources: Sun-Times On the Web: See numerous comments from former co-workers and friends gathered by the Sun-Times on its Web site and Facebook pages after Randy’s death. Go to www.arcounties.org and click on News and Noteworthy and look for “Randy Kemp, Sun-Times comments.”

COUNTY LINES, WINTER 2012

I’ve told a lot of people that I consider this to be my dream job.

Ten years ago when I first started thinking about a move out of the newspaper business, what I really thought would be a dream job would be to produce a small magazine. That’s exactly what I’m doing.

— Randy said in his 2010 County Lines staff profile.

Randy shares his infectious smile and attitude with AAC annual conference-goers in 2010. Background artwork: Photo by Randy Kemp, Governor’s Mansion at dusk in November 2010.

A

t 52, Randy Kemp took a step out of the newspaper industry after 31 years and into the field of communications and became the Association of Arkansas Counties’ first communications director in 2008. However, it wasn’t a quick decision out of the blue for the Kemp family.

About 10 years earlier, Randy began to think about and look at doing something different, and in 2007 he earned a master’s degree in business administration from Harding University.

“He wanted more for his career and more for his family. He wanted to go to school to get a master’s to have the opportunity to get a job like this [AAC communications director],” his wife, Peggy, proudly said.

Randy kept his eye out for an opportunity and continued to serve The Sun-Times readership as editor while he lived in Rose Bud. In 2007 Eddie A. Jones, then AAC executive director, began thinking about creating a communications position at the AAC and had met Randy at the Cleburne County quasquicentennial celebration. David Morris, former

Newsman lands ‘dream job’ Randy finds his ‘magazine’ in the ‘middle of things’

White County Judge and current mayor of Searcy, was also there that evening and was assistant to the AAC director at the time. Morris knew Randy from his days at The Daily Citizen in Searcy, where he covered the quorum court and county news.

“One thing led to another and the board created that position,” Randy said in a 2010 County Lines article. “I think David had some nice things to say about me, which I appreciate.”

Randy’s family said the timing of the new position and his readiness to move on made the decision a comfortable one that seemed to be destined.

“He wanted to be stretched and challenged,” David Kemp said about this father’s career transition. “He loved the newspaper business, but I think he was ready for something different, but he still wanted to be in the middle of things. It would have been easy to just be comfortable.”

Randy’s influence on County Lines magazine left enduring impressions on the product and the people behind it.

His three years at the AAC was dominated

by his effort to re-energize and grow the association’s quarterly magazine. Randy’s dedication and devotion to County Lines produced a quality magazine that doubled in size and added numerous editorial features and indepth county coverage in only three years.

“He wanted to make County Lines the best it could be,” Peggy said about Randy’s approach to the magazine. “He enjoyed all aspects of the magazine and being creative with it.”

David said he was meticulous over County Lines and would tinker with it constantly.

“I’ve told a lot people I consider this to be my dream job,” Randy said in the 2010 County Lines staff profile. “Ten years ago, when I first started thinking about a move out of the newspaper business, what I really thought would be a dream job would be to produce a small magazine. … That’s exactly what I’m doing. The fact that it revolves around county government, which I have always had a great appreciation for, is icing on the cake.”

Continued Page 32

>>>

Randy captures this self-portrait in front of the State Capitol in 2010.

Left: Randy educates county officials on media relations at AAC’s annual conference in 2010.

Right: Randy takes a quick break in his AAC office in Little Rock.

COUNTY LINES, WINTER 2012

31

Randy Kemp Memorial Golf tournament honors former communications director Proceeds to fund Randy Kemp Memorial Scholarships The Association of Arkansas Counties announced that its annual conference golf tournament would bear the name of its former communications director — Randy Kemp — who died in a tragic motorcycle accident in August 2011.

“Randy was admired and loved by all who knew him and we are proud to put his name on our annual conference golf tournament and to honor his legacy by earmarking the proceeds of the tournament to fund a communications scholarship to deserving students,” Chris Villines, AAC executive director, said.

“We wanted to keep Randy’s positive impact on our association alive and well, and creating this annual scholarship will help us accomplish that goal.”

The Randy Kemp Memorial Golf Tournament will aim to raise funds for scholarships for descendents of county officials or employees who intend to pursue a college degree in communications.

“We’ve worked diligently to make the golf tournament not only fun for the participants, but to also generate funds for additional scholarships,” said Wes Fowler, AAC government relations director and golf tournament master of ceremonies. “We look forward to years of honoring Randy at our annual golf tournament and providing deserving students with scholarships in the field of communications, which was a field of study that Randy truly loved.”

The AAC hopes to honor Randy Kemp’s legacy and passion for communications by naming the tournament after him and awarding annual scholarships from tournament proceeds. The tournament is held every August on the Tuesday of the AAC conference week.

For more information about the tournament or the Randy Kemp Memorial Scholarships, contact the AAC at (501) 372-7550.

‘Dream Job’

Continued from Page 31

<<<

Members of the AAC family share thoughts about Randy Kemp “I will remember Randy Kemp as the extremely nice and forward-thinking gentleman that he was. When Randy was first hired, he immediately took the County Lines publication to a new level of production. His professionalism and positive attitude will be missed by all. The Bible doesn’t say anything about magazines in Heaven, but I wouldn’t be surprised if Randy hadn’t already published the first issue.”

— Mike Jacobs, AAC board president and Johnson County Judge “Randy worked a short time for the AAC but left a lasting impression on all of us. He will be remembered for his hard work, his contribution to improving the AAC magazine, his friendship and his kindness to all that he met. He was a true friend to me and I miss him very much.”

—Roger Haney, Washington County Treasurer “Where do you start when you talk about Randy Kemp? He was a great guy. I think of a great dad, loving husband, a fun-loving grandfather, a photographer, an open road and no worries kind of guy and a fabulous co-worker. These are all true of Randy and great attributes to have, but the one that shines the most is Randy’s love for God. He was one of those ‘walk the walk, talk the talk’ kind of guys. I’ll never forget him coming in the door at work with his helmet in his hand and smile on his face as he wished everyone a ‘good morning.’ I’ll never forget ‘proofreading’ the County Lines AFTER it had been printed and distributed (an inside joke for my AAC coworkers). He left behind a great bunch of people that miss him terribly. The comforting thought, knowing we’ll see him again!”

— Kim Nash, AACRM claims adjuster “Randy was a very polite man and a pleasure to work with. I truly believe he lived by the Golden Rule. Randy was always smiling. He thought highly of his family. I enjoyed his stories about his motorcycle rides. He is greatly missed.”

— Freda Taylor, AACRM administrative assistant “There are probably only 100 people or less that we can honestly say are our close friends.

Randy was in my close-knit circle of friends. I could be concerned about certain situations and Randy, with his smile, could take my mind off the worry and leave me smiling with him. He was the kind of person that placed the needs of other people ahead of his own personal needs. Very rarely did I ever hear him speak of himself. He was always looking out for the welfare of others.

Also, he worked very, very hard to promote county government. While working on the County Lines magazine, he helped expose the positives of county government throughout the state of Arkansas. He was simply just a great human being.”

— Johnny Rye, Jr., Poinsett County Assessor and AAC board member “In the short time that I got to know Randy I felt as though I had met a lifelong friend. Randy would make a point to visit or just say ‘hi’ and always had a genuine smile. I will always remember Randy when I make my trips to AAC.” — Jim Crawford, AAC board member and Saline County Assessor “I really liked Randy and he was the kind of guy you couldn’t keep from liking. All the time I knew Randy, which really wasn’t that long, I knew he was a good guy.”

— Gene Raible, AAC board member and Johnson County Justice of the Peace “Randy Kemp was the type of man I would want to be if I had been born a man. I knew him as being a quiet, gentle person with a wealth of knowledge about many things, one of which we shared was a love of motorcycles and riding. He has certainly left a wonderful legacy and many, many, many loving friends.”

— Judy Beth Hutcherson, president of the Arkansas County Treasurer’s Association and Clark County Treasurer

Background artwork: Photo by Randy Kemp, AAC building. (Photo was taken from the roof of Cotham’s downtown.)

32

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Collectors ‘collect’ at Arlington in Hot Springs

Arkansas County Collectors Association members attended a continuing education workshop at The Arlington Hotel in Hot Springs on Dec. 1-2. The workshop was hosted by the ARcounties Continuing Education (ACE) program. ACE is the educational arm of the AAC and serves five of the AAC’s member organizations.

A

rkansas County Collectors Association members came to Hot Springs for a continuing education workshop and learned about everything from the growth in oil and gas production in the state of Arkansas to the latest in counterfeiting detection and trends from the United States Secret Service.

Paige Beavers Miller of Southwestern Energy/AIRPRO seemed to surprise many collectors and county employees when she said Arkansas ranks as the seventh leading natural gas producing state in the nation and also ranks 17th among oil producing states across the country.

Beavers Miller went on to explain the vastness of the property tax revenue generated by such a thriving energy-based industry in the state. She also said this industry and its continued success and growth will be a major factor in the state’s overall economic atmosphere and a factor in decreasing the United States’ dependency on foreign energy.

“Is the U.S. too reliant on foreign oil?” she asked as she flipped to the next slide in her presentation. “In 2011, we imported an estimated 351 barrels at a value of $37 billion. We could cut our oil imports by half by converting

Sue Liles (front), White County Collector, and Cindy Walker, Columbia County Collector, look up information in a handout distributed by Paige Beavers Miller of Southwestern Energy/AIRPRO. Miller told the county collectors in attendance that natural gas was first discovered in Arkansas in 1989 and oil was discovered in Union County in 1921.

Jeff Sikes, AAC legislative director, thanks the county collectors for all they do for their respective counties at The Arlington while Rita Chandler, Arkansas County Tax Collectors Association president, looks on.

Norma Packett, Randolph County Collector, accepts the “big” door prize, a framed “Arkansas Traveler” print, from Ralph Burns of the Secretary of State’s office.

34

Olivia Barenburg, Pope County chief deputy collector, signs her name with the opposite hand than she regularly would as part of a customer service exercise presented by Gail Steele with Bank of the Ozarks.

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

to domestic energy.”

She also said decreasing the reliance on foreign oil and increasing domestic production could pump $18.5 billion in the U.S. economy per month.

Jeff Sikes, AAC legislative director, said he and the AAC are thankful for the work the collectors accomplish across the state concerning tax collection management.

Gail Steele, who said she has been with Bank of the Ozarks for 14 years, explained her experience with quality customer service practices.

“Customers want to be treated like you would want to be treated when you enter a place of business,” Steele said. A smile goes a long way and putting “yourself” in the customer’s shoes is a good practice. She said simply listening and understanding a customer’s challenges are some of the keys to quality customer service.

United States Secret Service Special Agent Bruce Taylor provided his unique insight into the world of counterfeiting as he explained the intricacies of identifying counterfeit money and the several techniques used by criminals to create it.

“The most common type of counterfeit made in the U.S. is ink jet produced notes,” Taylor said. The ink jet is made of tiny colored dots that can be seen with a magnifying glass.

Taylor suggested comparing a suspected counterfeit currency to a legitimate U.S. note but to look for differences, not similarities.

He said the portrait on a genuine note would look lifelike and stand out from the background, while a counterfeit note portrait will appear lifeless and flat and the background would have distorted detail.

He also said the borders are another variable to compare.

The fine lines in the border of a genuine bill are clear and unbroken. On the counterfeit, the lines in the margin and scrollwork may be blurred and indistinct.

Olena Morris, Howard County chief deputy collector, listens to Bruce Taylor, Secret Service special agent, discuss the science behind ultraviolet testing for counterfeit currency.

COUNTY LINES, WINTER 2012

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Bruce Taylor, special agent with United States Secret Service, explains processes of handling money and identifying counterfeit currency. He said the criminals counterfeiting today are most likely involved in other criminal activity and the counterfeiting is just a tangent of that lifestyle.

Technology has changed the current “face” of counterfeiting tremendously in the last several years, he said.

The United States Secret Service and the Department of Homeland Security created a “Law Enforcement Counterfeit Detection Guide” as a source for quick references on what indicators money handlers should be looking for.

Want more info? Go online to:

www.secretservice.gov/know_your_ money.shtml

Did you

P

ens that are used every day at the point of sale to detect counterfeit currency are not foolproof. For example, bleached notes would not be detected by pens or highlighters found at most retail counters. Bleached notes are real U.S. currency that counterfeiters will bleach and then reprint a higher denomination fake note on the real United States currency paper.

Know?

35

AAC

F a m i ly  F r i e n d s

Class

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Jonathan Greer, Saline County Attorney, plays the part of the “interviewer” while Christy Peterson, manager of the Saline County personnel department, takes on the role of the “interviewee.” Greer presented information on regulations concerning military leave and interview do’s and don’ts for county managers.

is in session

Informative human resource meeting brings county managers to AAC table

C

By Scott Perkins County Lines Editor

ounty officials and managers from across the state of Arkansas came to the table for a human resources personnel meeting sponsored by the Association of Arkansas Counties Risk Management Fund at the AAC in December.

Speakers presented information from the Internal Revenue Service (IRS) and the Arkansas Public Employees Retirement System (APERS).

Other discussions ranged from the two main laws that govern military leave to the absence of laws concerning holidays for county employees.

IRS regulations Jan Germany, IRS representative, clarified reporting requirements and spoke on key issues such as election workers and required IRS documentation.

Election workers are individuals hired by government entities to perform services at polling places in connection with national, state and local elections, according to the IRS. Their compensation is includible in income and may be treated as wages for social security and Medicare (FICA) tax purposes.

“Election workers are county employees,” Germany said. “You should be getting a W-4 for your election workers. A lot of times election workers are retired and might not worry about withholdings, but when you get the W-4, you cover yourselves.”

Germany also reminded county officials about IRS Section 218 Agreement’s Modification 748 which states that all 75 counties in Arkansas elected to exclude election worker’s compensation by the statutory threshold amount of $1,500. Beginning in 2009, if wages paid are less than $1,500 to election workers and election officials, they are not subject to Social Security or Medicare withholding.

Election workers making $600 or more but less than $1,500 should be 36

Jan Germany (left) with the Internal Revenue Service answers a question from Brenda Burke, Mississippi County finance director, Dec. 6 at the James H. Baker conference room at the AAC building. issued a Form W-2 with no tax withholdings (Social Security, Medicare or federal income tax withholding).

On the Web: www.socialsecurity.gov/slge/ www.irs.gov APERS compliance Michelle Williams, APERS deputy director, said her organization has been across the state conducting employer training for a couple of months. Williams and Alison Woods, APERS member records manager, presented information concerning eligibility, enrollment, new legislation and new reporting requirements for 2012.

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Did you

Know?

A

ll employees of a participating public employer must become members of APERS as a condition of employment, although some employees are excluded by five exclusions.

Above: Michele Williams (left), APERS deputy director, and Alison Woods, APERS member records manager, discuss 2012 APERS changes at the AAC building.

Right: A table of county officials and employees listen to Michelle Williams answer questions about APERS. Pictured (from left) are Rhonda Cole, Clark County Clerk and president of the Association of Arkansas County Clerks; Mona Vance, Clark County payroll clerk; and Tammy Bundy, Boone County deputy clerk.

Four new identifiers have been added to the APERS Report Earnings & Service form. County managers will find additional columns and identifiers to populate on the form concerning DROP (D), retirees (R), leave (L) and military (M).

“Hopefully, this will help you,” Williams said. “We know it will help us. A lot of times when these people return from these respective statuses, you enroll them again in the system [APERS], when in actuality, they are still employees, but with no pay.”

Williams also gave an example of the new identifiers and how it would impact military leave notation.

“We’re asking that when you have an employee take military leave that you put the date out there when they leave and then again when they return from that status,” Williams said. “This should be beneficial and should eliminate some of the calls you receive from us needing to verify service credits and when a person changes status. So this should be a good thing for both sides of the house.”

Woods emphasized the fact that all employees of a public participating employer must become members of the APERS system.

“All [public] employees have to come into the system as a condition of employment. Every one you hire,” Woods said. “Then there will be some things that will exclude some employees from the system.”

Exclusions include: n persons who have retired from the system n persons who are members of any other state-authorized retirement system (except General Assembly members and LOPFI members) n persons employed with intent of working less that 90 calendar days n persons who do not work 80 hours per month during a period of 90 consecutive calendar days n persons whose rate of pay is less than the federal minimum wage DROP protocols concerning retirees redefined in 2011 legislation was a topic of interest from several participants.

“The law that went into effect in 2011 says that if you went into the COUNTY LINES, WINTER 2012

DROP March 1, 2011, or after that, you can no longer participate in a position with any public employer,” Williams explained. “The key here is the date they began to participate in the DROP. If it was on or after March 1, 2011, then they are prohibited to going back to any position with a public employer.”

Providing accurate information on APERS forms was a common theme during the presentation in efforts to increase efficiency and limit duplication.

Woods expressed how important it is that the information on the Membership Data Form (MDF) is accurate since that is how the employee’s account will be set up in the APERS system. Part 1 of the MDF is for employees to fill out and part 2 is for the employer. APERS suggests to check over the form carefully to determine prior coverage and to be sure to ask the employee if he/she has ever worked for the state, county, city or for a school in a non-teaching position.

She said all state agencies and county offices in Arkansas are covered

by APERS. Call (800) 682-7377 for more information.

On the Web: www.apers.org Laws governing military leave Jonathan Greer, Saline County attorney, discussed laws pertaining to military leave for county employees and conducted a mock interview to illustrate some interview do’s and don’ts.

Two major laws cover military leave for Arkansas county employees.

Federally, the Uniformed Services Employment and Reemployment Rights Act (USERRA) states that a service member is entitled to return to his or her job, with accrued seniority, provided he/she meets five eligibility criteria. USERRA’s criteria includes that the service member must have left a civilian job, given written notice, not exceeded the five-year Continued Page 38

>>> 37

AAC

Class

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Continued from Page 37

“

is in session

I want to talk to gatekeepers and let you know that you all have a lot of power.

And people who make decisions will back you up when youperformthefunction of keeping the gate.

”

— Mike Rainwater

Mike Rainwater, AAC Risk Management legal counsel, explains FMLA protocols.

cumulative limit on periods of service, must not been released from service by dishonorable discharge and must report to a civilian job in a timely manner.

The Arkansas Legislature enacted A.C.A. § 21-4-102 that covers county employees in the uniformed services. A.C.A. § 21-4-102 allows all employees of the state or any of its political subdivisions who take a leave of absence for the purpose of participating in the military training programs … “shall be entitled to such leave for 15 days plus travel time for annual training performed in any one year.”

If a county employee is called to service, Greer suggested the “Employer” and the “Service Member” checklists provided in the USERRA Pocket Guide.

On the Web: www.dol.gov/vets/programs/userra/main.htm.

Employee / employer dynamics Mike Rainwater, AAC Rick Management legal counsel, explained the law concerning public employment and how it relates to a contract between employer and employee. He referenced the AAC Risk Management Fund “Model County Employment Policy (for at-will employment)” throughout his presentation.

“I am here today because I want to talk to gatekeepers and let you all know that you have a lot of power,” Rainwater said. “And people who make decisions will back you up when you perform the function of keeping the gate.”

Arkansas law nor the federal government requires any holiday for county employees, “so, what is the law?”

“The law is the agreement between the parties and that comes back to your policy document. The law is an applied element of every bargain [between employee and employer] oral or written. Holiday pay is strictly determined by your policy at the county level,” Rainwater said. “Holiday pay in the public sector is not determined by state law.”

38

<<<

De Anna Schmalz, (right) Franklin County Clerk, and Beth Lowman, Monroe County Clerk, listen to Mike Rainwater talk about employment policy and the nuances between the law and an agreement of employment.

Rainwater also defined and explained public safety employees and random drug testing.

He said public safety employees are the only employees in the public sector that are subject to random drug testing.

“Why is that? Because we don’t want somebody to get hurt,” he said.

Public safety employees are defined as employees who: n maintain a commercial driver’s license n drive a vehicle as part of normal county duties n carry a firearm n routinely operate an emergency vehicle n serve as mechanics on county vehicles n are prepared to use justified physical force “Random drug testing means what? Random. It has really got to be random,” Rainwater said.

Rainwater said the AAC Rick Management fund has included paying for random drug testing for its member counties through a third party contractor because “we can rationalize that because it is reasonable and we are trying to prevent lawsuits and we don’t want people to violate the Fourth Amendment and so we contract with a third party that is in the business of being random.”

Other types of drug testing include pre-employment testing, reasonable suspicion testing and post-accident testing.

Rainwater warned against reasonable suspicion testing in the public sector and suggested those type of concerns, if they exist, should be forwarded to the local prosecutor.

Pre-employment drug testing is legal if a county chooses to include it as a condition of the agreement or bargain between employer and employee. “It is perfectly legal, perfectly constitutional for you to drug test [pre-employment] as long it is an element of the bargain,” Rainwater said.

Rainwater went on to say that a county should be consistent and equal when pre-employment drug testing.

COUNTY LINES, WINTER 2012

Words of men mimicked a motion with her left arm. “Come on, Randy. You can bring him with ya, but let’s go to the beach.”

Peggy and David said one of the simple things Randy always enjoyed was admiring beautiful views. Both also seemingly enjoyed telling a story of just one of Randy’s little pranks that was anchored on a good view.

During a motorcycle ride near the town of Shirley one day, Randy stopped at a personal residence and met the homeowner by knocking on the door and doing some of the things he did best — talking and listening. Randy’s purpose besides just being himself and not shying away from meeting someone was to gain access to the view from the back of the house. Randy made a friend that day and she said he could come any time to gaze at the view from the back of her house.

Years later, Randy was riding the same stretch of road with Scott, his friend, and Randy insisted on stopping.

Scott asked him what they were doing on someone’s property. As the tour to the back of the property continued, Scott grew more and more anxious and uncomfortable about being on a stranger’s property.

Randy just acted like it was no big deal, whether he knew the homeowner or not, as his friend squirmed in anticipation of getting caught.

Apparently co-workers weren’t off limits when it came to Randy’s willingness to prank.

“One time Randy pulled a prank on me. It had started raining and he asked that I roll up his windows,” Donetta Sterling, former Sun-Times columnist, wrote on the Sun-Times Web site. “I must have ran around outside a good 10 minutes before I realized he rode his motorcycle to work that day. He was smiling ear to ear when I walked back in the office drenched. Randy was a class act and a man who believed in giving people chances. I will miss my mentor and my friend. God Bless You Randy Kemp.”

Randy loved an exciting journey on a motorcycle and shared the pastime with many of his friends and family. Riding was a major defining factor of the person he was.

One of Randy’s co-workers asked him on his Facebook page one day if he was worried about getting wet while riding his motorcycle.

Randy’s reply: “While the common mortal is tiptoeing through life, worrying about getting minor consequences, the motorcyclist is kicking

Continued from Page 29

<<<

Randy stops and admires this beautiful view atop Mt. Magazine in Logan County during a motorcycle ride with David, his son. The mountain is the highest point in Arkansas at 2,753 feet. down the door while pouring a bucket of water on himself and reveling at his wetness while saying ‘AHA!’ and shaking his fist at clouds and convention ...”

Randy’s impact on his nephew, Mike Kemp, who is a professional photographer and motorcycle enthusiast, is also lasting and significant.

Mike posted the following on his blog after Randy’s death: “To me, he was my uncle. A mentor. An influence. A friend. The man who introduced me to photography and motorcycling, and used the opportunity with both to impart life lessons to me along the way.”

One of the simple things in life that Randy enjoyed was being the family “fire master.”

“He could start a fire in no time, with almost nothing,” Peggy proclaimed.

He had also recently acquired a taste for “strong French-press” coffee.

He was introduced to it in New Zealand during a visit, and before long Randy had his own machine perking in the mornings.

However, the stout coffee he recently admired wasn’t as strong or as lasting as his spirit.

When asked to do so, David summed up his father in one word — “servant.”

It certainly fit, but a man like Randy really can’t be summed up. The reach of his energy and impact on others is everlasting and exponential because those he touched will carry on to impact others.

Sources: Sun-Times On the Web: n Read David Kemp’s memorial speech at www.arcounties.org. Click on News and Noteworthy and look for “Randy Kemp, David’s funeral speech.” n Read Mike Kemp’s post in its entirety at http://mikekempf5.wordpress.com/2011/08/18/twists-and-turns/.

Randy races his Honda CBR 929RR in the spring of 2006 at Hallet Motor Racing in Jennings, Okla. Peggy, Jeremy and David gave Randy a gift certificate for the outing for his 50th birthday.

COUNTY LINES, WINTER 2012

Background artwork: Photo by Randy Kemp in February 2009 at a chopper exhibit.

39

AAC Staff Profile

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Elizabeth Sullivan brings smile, positive attitude to receptionist position at AAC

E

ven though she has only been on the AAC staff since July, receptionist Elizabeth Sullivan is a critical part of the AAC family. She is most likely the friendly voice that is heard on the other line when one calls the AAC. The caller hears, “Association of Arkansas Counties.”

But what isn’t known is that she is probably accomplishing numerous other tasks while she directs calls and assists on various projects with other AAC team members.

“This is the first job I have ever had where I actually look forward to Mondays. I work with wonderful people,” Sullivan said when asked to sum up her thoughts about her job.

Sullivan, who lives in Cabot, said she is first

and foremost a proud mom to her 21-monthold daughter, Emersyn.

“I want to be the best example I can be for my daughter, and help her grow into a wellrounded young lady someday,” Sullivan said.

Her hobbies include playing with her tiny tot, photography and scrapbooking, watching football and listening to music.

Born in Kansas City, Mo., she said she plans

A Personal Look...

Elizabeth Sullivan

to finish her education and focus on becoming an attorney in the future.

“I enjoy helping all the different county officials who contact the AAC, whether it concerns legal inquires or legislative insight or whatever they might need,” Sullivan said. “We have a great group of people who are focused on serving all Arkansas counties and it is nice to be a part of that effort.”

Favorite time of day? 7:00 p.m., because that is when my baby girl is ready to cuddle with me.

What time do you get up most mornings? Usually by 6:30

What is your favorite sport to watch? Football and baseball.

How do you like your steak? Medium well

Are you a morning person or a night person? Night.

What was the last film you saw at the cinema? “Avatar.”

What did you want to be when you were little? A singer/actress.

What is your favorite TV show? “The First 48.”

What is your best childhood memory? Having concerts in my front yard with my brothers and the neighborhood kids.

If you could live anywhere in the world where would it be?

Italy.

What is your favorite cuisine? Not really a cuisine, but I have an obsession with boneless buffalo wings.

What foods do you dislike? Pepperoni pizza.

Where would you visit if you had the chance? I would like to see all the national monuments.

Cup half-empty or half-full? Half-full!

40

Any pet peeves? Selfish people.

Are you a cat person or a dog person? Puppy person.

Favorite ice cream? Mint chocolate chip Which store would you choose to max out your credit card?

Babies R Us. The hardest thing I ever did was? Lose my 21-year-old brother.

COUNTY LINES, WINTER 2012

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Greene County passes jail tax County brief

By Joe Grove Paragould Daily Press PARAGOULD — Greene County voters turned out Nov. 8 to overwhelmingly pass a sales tax and a bond for operation and maintenance and construction of new jail facilities.

There were two issues on the county ballot. One was the adoption of a .375 percent sales and use tax to fund maintenance and operation of the county jail facility. The second was authorization to issue bonds for new jail construction and .375 sales and use tax to last the duration of the bond.

The tax to fund jail operation and maintenance passed with 1,708 voting for it and 629 voting against it. The vote on the sales tax and bond for construction of the new facility was 1,742 for and 641 against.

The proposed addition to the jail will increase the jail’s total capacity to nearly 500 inmates and is projected to cost $16,323,960, and operation and maintenance of the facility will cost a little more than $2 million a year.

Dave Tierney, head of the Blue Ribbon Commission that pushed passage of the two county issues, said, “The people realize that we have been short at the jail and they have answered the call for a tax. That way it is equal in that everyone pays instead of just a millage [where only property owners pay]. This will benefit the entire county. It is a great day for Greene County Detention Center and the county itself.”

Jerry Shipman, county judge, said, “I just think it is super great for the people of Greene County to come forward It is really what I expected them to do because our jail was in such deplorable shape. It had us handicap and had the judicial system and law enforcement people tied up.”

Dan Langston, Greene County Sheriff, also praised the people of Greene County for their action in voting for the jail improvement.

Debra Lang is honored with Kenneth Eddy Award

The Kenneth Eddy Award is given each year to an outstanding assessor who is actively involved, is in good standing with the Arkansas Assessor’s Association, displays a willingness to listen to others, and has personally contributed to the betterment of the association as a whole. This year’s recipient was White County Asses- Debra Lang, White County sor Debra Lang. Assessor accepts the award Lang received for outstanding assessor the award Oct. Oct. 20 in Hot Springs.

20 at the Assessor’s fall conference at The Arlington in Hot Springs.

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

Think you can run your own

County?

Look for the banner below on our Web site to play. If you earn re-election, be sure to share your experiences with us on Facebook. Players will learn about the various services provided by county departments and make tough budget decisions, handle resident complaints and concerns and face re-election.

www.arcounties.org

Powered by

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

COUNTY LINES, WINTER 2012

41

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Above: Pictured is the first Cleveland County flag designed by Woodlawn art student Melanie Herring. A contest was held between art students at Rison and Woodlawn. The AAC judged the entries.

Right: Cleveland County celebrated its courthouse centennial Nov. 5, 2011. Pictured is the program distributed at the ceremony.

Woodlawn art student designs Cleveland County’s first official flag

C

leveland County celebrated the courthouse’s centennial Nov. 5, 2011, with a special presentation on the front steps that included unveiling the county’s first flag, a historical presentation by Louise Mitchell on the three courthouses used by the county and the singing of a special ballad.

The quorum court passed a resolution declaring the flag to be the official Cleveland County flag and it was raised for the first time during the celebration. Melanie Herring, an art student at Woodlawn, designed the flag.

A contest was held between Woodlawn and Rison art students and the Association of Arkansas Counties judged the entries.

Not only was a new flag on display for the centennial, but a new county ballad also debuted.

Carroll Austin, husband to Deputy Assessor Delois Austin, wrote “The Ballad of the Cleveland County Courthouse” and performed it for residents in attendance.

Cleveland County - Third courthouse In 1900, the Cleveland County Courthouse 42

was a large wooden structure that was built in 1892 on the Rison Courthouse lawn. The grand jury reported to the county court in the July 1909 term that the courthouse that was constructed in 1892 was not fireproof and was in dilapidated condition which rendered it unsafe. The grand jury suggested a new building to safely house county government.

The county court appropriated $6,000 for the building and in October 1909 the county court levied a one and one-half mill tax to raise money for the new construction.

When the courthouse was completed, it measured 100 feet long, 70 feet wide and stood about 50 feet tall. The basement had windows allowing daylight to enter and could be entered by a staircase near the east entrance. The first floor was about three feet above ground and the foundation and walls were buff brick. The main entrance steps, pillars and window facings were of limestone. The tiled roof was crowned with a 20-foot belfry that framed the four-face clock.

The main entrance was covered with a portico supported by two columns. The interior walls and ceilings were plastered.

Tile covered the hallway floors, office floors

The new Cleveland County flag is raised for the first time at the courthouse. Sergeant Major Jimmy Cummings and veterans Bill Gray and George Fox perform the honors. The flag ceremony was part of the Cleveland County Courthouse’s centennial celebration.

COUNTY LINES, WINTER 2012

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

were wood and concrete formed the basement and vault floors.

About Cleveland County Cleveland County was formed in 1873 near the end of the Reconstruction era when the Republican influence on the Arkansas Congress was coming to an end. At that time nine new counties were formed. The county was first named Dorsey in honor of Republican Sen. Stephen Dorsey, who entered Congress that year. The county’s name was changed in 1885 to Cleveland to honor newly elected President Grover Cleveland.

A county government was organized by a board of supervisors including Joseph Gray, James H. Bridges and James R. McCullough.

Also included in the board were the following officials: M.T. McGhee, treasurer; Stephen W. McLeod, sheriff; John Fawcett, clerk; James N. Marks, surveyor; C.B. Attwood, deputy clerk; William L. Frazier, deputy clerk; Jesse Harrison, constable; and E. Hobson, coroner.

In 1873 a temporary courthouse was rented and in 1874 a two-story frame house on 160 acres was purchased and then used as the main courthouse. Fire took that structure in 1889.

After fire destroyed the Toledo courthouse and the railroad bypassed the town, several towns in the county tried to become the new county seat. Rison was selected as the new county seat on April 11, 1891, but only after a contentious dispute between Kingsland and Rison.

Sources: “The Cleveland County Courthouse Centennial 1911-2011” journal.

Above: On Nov. 5, 2011, Cleveland County residents celebrated the courthouse’s centennial, which included the unveiling of the county’s first flag.

Right: Carroll Austin, husband of Deputy Assessor Delois Austin, sings the “Ballad of the Cleveland County Courthouse.”

Austin authored the lyrics for the ballad.

The Ballad of the Cleveland County Courthouse In honor of the 100th anniversary of her existence (1911-2011), “The Ballad of the Cleveland County Courthouse” was sung to the tune of “Sink the Bismark” by Johnny Horton. Carroll Austin authored the lyrics.

The courthouse folks were friendly then and they still are today They’re helpful and they’ll smile at you and send you on your way This building has seen ups and downs, yet she has stood the test Let’s pledge the next 100 years that we will do our best

In Cleveland County, Arkansas, one hundred years ago, To maintain order and the law, and help the county grow This courthouse was established, upon this very sod And she continues to this day, we thanks Almighty God.

This county’s like a mighty train, gliding straight and smooth The courthouse is the engine that makes the county move Each office does its duty to make the engine go Throughout the years it’s been that way and we want the

world to know.

Through World War I and World War II, Korea, Vietnam, Iraq, Afghanistan, we answered Uncle Sam As brave young men and women, fought for our liberty To keep our homeland beautiful, from sea to shining sea.

The courthouse folks were friendly then and they still are today They’re helpful and they’ll smile at you and send you on your way This building has seen ups and downs, yet she has stood the test Let’s pledge the next 100 years that we will do our best.

COUNTY LINES, WINTER 2012

43

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Final tax seminar conducted at AAC Left: County officials whose role covers tax settlements for their respective counties gathered at the Association of Arkansas Counties for a final tax settlement seminar in November.

Right: Kim Motherwell, Division of Legislative Audit senior auditor of Fayetteville, discusses suggested procedures for the preparation of the county final tax settlement with an audience of county clerks, treasurers and collectors at the James H. Baker Conference room at the Association of Arkansas Counties in Little Rock in midNovember. Keith Pettit, (right) field audit supervisor, manages the Powerpoint presentation.

County judges pave way at road seminar The County Judges Association of Arkansas organized the 2011 County Road Seminar on Oct. 17-20 at Norfork River Resort in Baxter County.

Participants learned about and discussed an agenda ranging from flagging and signage for maintenance operations to asphalt shingles and from drainage procedures to bridge inspections.

The two-and-a-half day seminar also provided time for open roundtable discussions concerning snow and ice removal, compressed natural gas engines and best practices for maintenance.

Preston Scroggin, Faulkner County Judge, serves as the judges association president.

Above: Darryl Gardner with Ergon Asphalt & Emulsions, Inc. and Kevin Smith, Howard County Judge, take a moment to discuss current challenges in road construction.

Right: David Mayo (left), P.E., Arkansas Highway Transportation Department State Aide Division, and Garner Treece of Stone County talk about county roads in October at Norfork Resort.

44

COUNTY LINES, WINTER 2012

COUNTY LINES, WINTER 2012

45

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

‘Man’s man’ stood on solid ground in Lafayette County judges in the midst of a storm. He was a peacekeeper, so to speak. He tried to be a voice of reason for many of us [county judges]. If Frank told you something, you could count on it and I always respected him for that. Frank acted in a way that I think all elected officials should.

When you spend 20-plus years as an elected official in today’s age, that speaks volumes of the kind of person you are.”

— Mark McElroy, Desha County Judge

Friends, family remember Frank Scroggins

F

rank Scroggins passionately served Lafayette County as county judge for the last 21 years and he is often described as a man’s man. Scroggins died unexpectedly at his home Aug. 27, 2011.

Brenda, his wife of 42 years, said Frank’s life was all about serving the people of Lafayette County. He and Brenda grew up together in Stamps and later married.

He started his political and public service career early on in his life and he was elected county judge in 1991 after serving on the Stamps City Council as well as serving as a volunteer fireman for the Stamps community.

“Frank Scroggins was a man of character who loved to serve the public,” said Chris Villines, AAC executive director. “He cared about what he did for his county and was a mentor to many county officials on all levels. He will be dearly missed.”

Scroggins was born in Shreveport, La., on April 1, 1949, and is survived by Brenda; his son Mike Scroggins and wife, Nikki, of Shreveport, La.; his mother Lenora B. Cook of Stamps; brother, George F. Scroggins of Stamps; four granddaughters: Maggie and Molly Scroggins, Hannah and Lyndsey Medellin, all of Shreveport.

Scroggins served on the Stamps City Council while he also worked offshore for an oil company in the 1980s. Brenda told the Texarkana Gazette that Frank was working two weeks on and two weeks off at the time and one day “he came in from offshore and told me ‘I’m gonna run for county judge.’”

His calling to public service was sealed when he won a three-way race for Lafayette County Judge in 1991.

Lafayette County experienced population declines and economic struggles during his service time, but Brenda said he stayed the course and kept the people he served at the forefront.

He helped to establish a solid waste program in the county and also helped to upgrade its 911 system.

He also saw a $4.5 million jail come to fruition that was completed in 2008.

Scroggins’ impact on counties in general spanned beyond the borders of Lafayette County. He served as president of the County Judges Association and was admired as much as he was respected.

46

Frank Scroggins (April 1, 1949- Aug. 27, 2011)

“I can’t even take his number out of my phone,” said Arkansas County Judge Sonny Cox, Scroggins’ long-time friend.

Cox said he met Scroggins in 1992 at newly elected official training and he had the privilege of succeeding Scroggins as president of the County Judges Association.

“He took me under his wing and became a dear friend. I miss him every day. We would talk a couple times a day and our family had become friends. Frank was a dedicated public servant who always looked after the taxpayer’s money,” Cox said.

Comments about Frank Scroggins – the man, the public servant “When I think of Frank Scroggins I immediately think of two things: a man that was passionate about taking care of Lafayette County and a man who was tagged with the proper given name — ‘Frank’ — to match his personality.

The common definition of the adjective ‘frank’ is completely honest. Synonyms include words like candid, direct, outspoken, straightforward and plainspoken. Frank Scroggins was straightforward and plainspoken and those attributes served him well as Lafayette County Judge and as a long-time trustee of the AAC Risk Management Fund. And he did not have to use the whole dictionary to get his point across. He was a believer in the Thomas Jefferson theory: ‘The most valuable of all talents is that of never using two words when one will do.’ I believe Frank Scroggins will be remembered as the Harry S. Truman (who was a county commissioner/ judge before becoming President) of Arkansas county government – the plain-speaking, tough-but-fair exemplar of what a chief county executive should be. I will miss him.”

— Eddie Jones, former AAC executive director, current county consultant “Frank was a good Christian man and he was a man who served as a level head for the county

“Frank really knew what he was doing and I will miss him as a friend and a board member. Frank was very professional. He did a good job of being an elected official because he took care of business and he cared for his employees and they respected him. He will most definitely be missed, not just by his family but also by the brotherhood of county judges and county officials. You are doing right if you serve as an elected official as long as Frank did. Frank knew what was going on from the top to the bottom of that county. I miss him greatly and I could always call Frank for advice.”

— Max Tackett, executive director of Upper S.W. Regional Solid Waste Management District, former Howard County judge “He was a man among men and a judge among judges. Frank was a leader with a great personality. He had that big ol’ smile and he eased around listening more than he spoke, but when he spoke, I listened.”

— Joe Bodenhamer, Baxter County Judge “Frank Scroggins was a man’s man. You never wondered where Frank stood on an issue or what he was thinking. He was upfront, loud and extremely passionate about his feelings. Sometimes, he didn’t need to be asked how he felt, because he was going to tell you anyway. Frank and I took office at the same time in 1991. We struck a friendship at the newly elected seminar and that friendship fully matured over the years. We would talk several times each week about work or family situations and Frank always made me feel good after our conversations. We all have good friends, but Frank was a very special friend that I will never forget. My life is truly better having known Frank Scroggins. Frank, we all miss you.

— Mike Jacobs, AAC board president and Johnson County Judge Sources: Lafayette County Press Texarkana Gazette.

COUNTY LINES, WINTER 2012

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Crawford County shooting rattles courthouse

By Kenneth Fry Press Argus-Courier Editor VAN BUREN — James Ray Palmer, upset about a divorce almost a decade ago, went to the Crawford County Courthouse on Sept. 23 to kill Circuit Judge Gary R. Cottrell, authorities said.

Lt. Brent Grill of the Van Buren Police Department said Palmer, armed with an assault rifle and two handguns, entered the courthouse around 3:30 p.m. Sept. 23. Palmer wore a long coat to conceal the weapons and he climbed the stairs to the second floor of the courthouse, Grill said.

The 48-year-old Alma man stood outside the judge’s office. He cleared the .223-caliber assault rifle which jammed. Secretary Kristi Jones noticed Palmer’s suspicious behavior on a surveillance monitor.

Jones went to an adjoining office to tell Vickie Jones, her mother and Cottrell’s administrative assistant, about the man’s unusual behavior after seeing a red laser through the door’s opaque glass. At that moment, Palmer came through the door, sprayed three shots into Vickie Jones’ office, two hitting her desk and one the wall behind her desk. One struck Jones in the leg.

Palmer then walked into Cottrell’s office without saying a word to either mother or daughter. When Palmer discovered Cottrell was not in his office, he backtracked, asking Vickie Jones where the judge was. Kneeling under her desk, Jones said the judge was not in the courthouse. Cottrell was at home, nursing a knee he had injured the Sunday prior.

Photo Courtesy of Press Argus-Courier

Crawford County Judge John Hall examines bullet holes in the judge’s door at the Crawford County Courthouse in September.

Calmly, Palmer retreated from the second floor of the courthouse. On the first floor, he sprayed numerous bullets in the hallway and into two offices before walking out the Fourth Street entrance.

Once on the lawn of the courthouse, Palmer engaged in a two-minute gunfight with Van Buren police officers and Crawford County deputies in which Palmer fired as many as 70 rounds, Grill said.

Grill said Van Buren officers fired 20 rounds

AAC board honors Cheryl Wilson Cheryl Wilson, Union County Circuit Clerk (center), displays her award of appreciation for her service on the AAC board during her last board meeting Dec. 14.

“I have enjoyed every bit of it,” Wilson said after the meeting. Also pictured are Chris Villines (left), AAC executive director, and Roger Haney, AAC board vice president and Washington County Treasurer.

48

and sheriff’s deputies either three or four rounds. One bullet struck Palmer in the torso; a second in the head. He was pronounced dead a short time later at St. Edward Mercy Medical Center in Fort Smith.

Vickie Jones was taken to Sparks Regional Medical Center, where she was treated for her leg injury and later released.

As Jones was being put into the ambulance, she told Cottrell over the phone, “Judge, he came here specifically to kill you.”

“I guess God has something planned for me,” Cottrell said Wednesday morning on the steps of the courthouse.

He said the hardest thing for him is explaining to his children why someone would want to kill him.

“I’m sorry that someone felt such frustration that they had to go to this extent,” said Cottrell, who was accompanied to the courthouse by two deputies.

He said he does not remember Palmer or his case or believe he has had any contact with him since the divorce and child custody case.

He said he will not allow the incident to influence the way he rules on future cases.

“I took an oath,” Cottrell said. “It’s important that we don’t let these things change us and the way we live our life.”

During his 26 years on the bench, 13 years as a circuit judge and 13 years as a municipal judge, Cottrell said he had only received verbal threats.

“This guy came here to wipe out my office,” Cottrell said. “I believe if he had killed me, he would have killed everyone in his pathway.”

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

Did any of your county officials or staff get an award, appointment or pat on the back? Please let us know about it for the next edition of County Lines magazine.

You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: E-mail sperkins@arcounties.org.

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Above: Johnny Rye, AAC board member and Poinsett County Assessor (left), and appraiser Josh Bradley of Poinsett County listen to one of the presentations.

Left: Saline County Assessor and AAC board member Jim Crawford.

Assessors, county clerks join EQ Board members at seminar Thirty-seven assessors and 13 county clerks were among the 260 in attendance at the 2011 Equalization Board seminar July 26, presented by the Arkansas Assessment Coordination Department at the Wyndham Hotel in North Little Rock.

With ACD Director Debra Asbury presiding, Gov. Mike Beebe offered opening remarks and received an enthusiastic reception from the roomful of county officials and EQ Board members from around the state. The group was also officially welcomed by Janet Troutman Ward, Pulaski County Assessor.

Morning training included an overview by Asbury, and discussion of agricultural property and mineral rights, led by Rob McGee. Faye Tate Hansburg, ACD deputy director, and ACD legal counsel Bob Leslie offered new board member orientation. Breakout questions and answers included legal questions, ratios/Act 1189 and reappraisal performance audits.

Following a buffet lunch, Amy Thomas walked the attendees through a sales validation audit and ratio study, followed by a review of the day’s training and final questions and answers.

The 2012 EQ Board seminar is scheduled for next July 17 at the Wyndham Hotel.

COUNTY LINES, WINTER 2012

Assessors, county clerks and various other county employees and officials listen to Gov. Mike Beebe’s opening remarks at the EQ Board seminar in July.

ACD Director Debra Asbury leads one of the discussion sessions for the 260 elected officials and board members.

Stone County Assessor Heather Stevens (left) with Betty Bailey, one of the Stone County EQ Board members.

49

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

County treasurers (from left) Debbie Cross (Greene County), Becky Gattas (Phillips County), Judy Burnett (Prairie County) and Tim Stuckey (Grant County) organize talking points at the head table for a panel discussion during the budget preparation meeting at the AAC in late July.

County treasurers get jump on budget preparation Approximately 60 county treasurers and their staff members got a jump on the 2012 budget process by participating in a July 27 workshop on revenue projections and budget preparations at the Association of Arkansas Counties facilities in Little Rock.

“The budget process, including the calculation of revenue projections, may be difficult and trying – but is an extremely important part of county government operations,” workshop lead-

er Eddie Jones told the group. Jones served 26 years as Randolph County Treasurer and three years as director of the Association of Arkansas Counties.

“A good county budget process can be summed up as a combination of leadership, collaboration and communication,” said Jones.

A panel of five county treasurers related specifics on budget preparations for the treasurer’s office and proper use of the county treasurer’s

automation fund. They also shared ways of taking the pressure off the county general fund.

Panelists were Janet Hibbitts, White County; Debbie Cross, Greene County; Becky Gattas, Phillips County; Tim Stuckey, Grant County; and Judy Burnett, Prairie County.

Arkansas law requires the quorum court of each county to make an appropriation for the expenses of county government for the following year before the end of each fiscal year – which is

Above: Linda McNeil, Perry County Deputy Clerk, and Bob Treadway, Independence County Treasurer, stand for the Pledge of Allegiance.

Right: Nelda Speaks, Baxter County Treasurer, listens to ways to take pressure off the county general fund.

50

COUNTY LINES, WINTER 2012

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

“

A good county budget process can be summed up as a combination of

leadership, collaboration and communication.

”

— Eddie A. Jones

Eddie A. Jones, county consultant, talks about the relative relationship between revenue projections and expenses and how important it is to have accurate revenue projections. “If you to have err, err on the side of conservatism,” he said.

Tim Stuckey, Grant County Treasurer, comments during a panel discussion.

Dec. 31 for Arkansas county government.

The budget process starts with a good set of revenue projections, said Jones.

“One of the key points to be understood in the development of a county budget is that the budget, which represents expenditures, is only as good as the revenue projections on which it is based. It is extremely important to have accurate revenue projections. If you err – err on the side of conservatism,” he said.

More times than not budget requests exceed revenue. “Always approach budget cuts on a priority basis,” Jones said. A.C.A. 14-14-802 provides a list of services and functions that a county must provide and a list that a county may provide. “Start the cuts in the ‘may’ section. Although some of these services and functions may seem very important, they are not required by law,” he said.

Remember the quorum court appropriates the money, he added. “It is sometimes difficult for the executive branch and the legislative branch to work together. We tend to look at things from different perspectives. But, we must respect others. Different views force us to think,” he said. “If we work to understand why others are expressing ideas that we find disagreeable – it will normally cause them to do the same. At that point you will be able to forge a workable compromise – a solution. Use a little diplomacy and wisdom.”

Because of the elements involved in preparCOUNTY LINES, WINTER 2012

Janet Hibbitts, White County Treasurer, talks about budget preparations and how to use the county treasurer’s automation fund. ing a county budget, the officials most likely to be involved are the county judge, county clerk, county treasurer, and for the counties that have one – the comptroller.

“We were happy to put together this most informative workshop through our ACE Program in an effort to help our county officials get ready for their critical budget process,” said

Chris Villines, AAC executive director. “This is one of those duties of county government that, although extremely complex, often goes unnoticed by the public due to how well their county officials work together to get the job done.”

The ARcounties Continuing Education (ACE) Program is the educational arm of the Association of Arkansas Counties.

51

COUNT Y NEWS

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

County clerks train with Secretary of State’s office The Secretary of State’s office spent several days in July at the Association of Arkansas Counties building training county clerks, election commissioners and county coordinators on all aspects of voting equipment and election laws.

The Election Division maintains the state’s election records and assists county officials with conducting federal, state and district elections by helping to ensure compliance with federal election laws such as the National Voter Registration Act and the Help America Vote Act. The department serves as a clearinghouse for campaign finance reports that are filed with the Arkansas Ethics Commission, and the library of the Elections Division maintains the journals and acts of the Legislature along with all incorporations and annexations of cities and towns.

On The Web www.sos.arkansas.gov

Tracy White (left), Independence County Clerk, and Rhonda Cole, Clark County Clerk, participate in an election equipment training session with the Secretary of State’s office in July at the AAC building.

Know? A Did you

bout 6,000 people attended the Christmas lighting ceremony at the State Capitol on Dec. 3.

Secretary Mark Martin and Arkansas Easter Seals representatives flipped the switch on almost three miles of lights on the Capitol grounds.

Above: Kim Gardner (sitting, middle), Secretary of State election coordinator, and Jerry Amick with Election Systems and Software, Inc. discuss the proper procedures and logistics of processing an election night report.

Right: Rob Hammons, assistant director of elections with the Secretary of State, trains county clerks and election volunteers how to navigate a digital ballot and the various displayed pages involved in the voting process.

52

COUNTY LINES, WINTER 2012

54

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Sherry Bell (left), outgoing president of the Arkansas County Clerks Association, and Rhonda Cole, incoming president.

Q&A with county clerks new president Rhonda Cole Pictured (from left) are Columbia County Clerk Sherry Bell, outgoing president and member of Association of Arkansas Counties (AAC) Board and AAC Legislative Committee; Boone County Clerk Crystal Graddy, secretary; Little River County Clerk Deanna Sivley, treasurer; Drew County Clerk Lyna Gulledge, second vice president; Polk County Clerk Terri Harrison, first vice president; Madison County Clerk Faron Ledbetter, AAC Board and AAC Legislative Committee member; Clark County Clerk Rhonda Cole, president; and State Auditor Charlie Daniels.

Daniels installs new officers for County Clerks Association Oct. 10

“

Q: What office do you hold and how did you get here?

I started working in Clark County government March 1, 1990, in the county clerk’s office. On Jan. 1, 1995, I went to work for the county judge as his administrative assistant. I became county clerk on Jan. 1, 1999. I was appointed by Gov. Mike Beebe in 2011 to be on the State Board of Election Commissioners for a two-year term. My term as the county clerks’ first vice president, along with the chair of the legislative committee, ended in 2011. I became the president of the County Clerks Association on Jan. 1, 2012.

HOT SPRINGS — The Association of Arkansas County Clerks installed a new slate Q: What county were you born in? of officers for 2012-13 at the association’s fall I have lived in Arkadelphia, Clark County, meeting in Hot Springs on Oct. 10. State AuI have had the privilege of working all of my life. ditor Charlie Daniels addressed the group and administered oaths to the newly-elected officers. closely with the Q: Why did you get started in county govCounty clerks are elected every two years and for many years and this association ernment? perform various duties related to probate, quo- does a To be honest, one day while I was out lookrum and county courts. County clerks also overing for a job, I went by the county clerk’s office their constituents and the state of see voter registration and absentee voting and to pick up my friend for lunch. While there, are responsible for recording and issuing licenses . the county clerk at the time asked me if I would and other records for the county. like to fill out an application for the accounts The association hosts regular continuing edu- — Charlie Daniels, State Auditor payable job that was open. And as you know, I cation meetings to conduct business and receive got the job. To this day I still love walking into the courthouse to do my job. information and training about the duties of their office.

Q: What do you like the most about your Daniels, whose office helps coordinate concounty and state? tinuing education meetings for the county clerks What I like most about Clark County is and other county government associations, offered praise for the association and its leadership. “I the people.

We do have one of those counties have had the privilege of working closely with the county clerks for many years and this association where everyone is connected in some way. We does a great job serving their constituents and the state of Arkansas,” Daniels said. are there to help anyone in need. The state of Newly elected officers for the association will serve two-year terms.

Arkansas is gorgeous. There is something different to do with every season.

On the Web: State Auditor, www.auditor.ar.gov; AAC, www.arcounties.org.

C o l e Q & AContinued to Page 58 > > >

county clerks

great job serving Arkansas

COUNTY LINES, WINTER 2012

”

55

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

ACE program continues to educate in 2012

T

he Association of Arkansas Counties has enjoyed being involved in the continuing education programs for five of our member associations during the last six months.

The continuing education boards for county judges, treasurers, circuit clerks, county clerks and collectors worked with us in devising a plan for the AAC’s involvement. What came to fruition is an arm of the AAC called the ARcounties Continuing Education Program (ACE). The ACE Program is the coordinating and certifying body for these groups.

Once again, The ACE program is a shining example of what collective efforts can accomplish in the realm of education among county officials.

Part of the AAC mission statement is to provide education to all of our members, and this was a great opportunity to be more involved in meeting your educational needs.

Our involvement comes in conjunction with the Auditor of State’s office, and this partnership will continue to provide resources to the respective continuing education boards.

Brenda “Emmy” Emerson has done an excellent job in coordinating these continuing education seminars and workshops and we look forward to building on what she has accomplished.

Our ACE program is solid and enduring and this is just another step in the direction of providing services to our members that impact their roles in county government and helps us make county government better for the people of Arkansas.

Chris Villines – Chris Villines AAC Executive Director 56

2012 ACE schedule of events Feb. 9-10 County Clerks at Embassy Suites Little Rock/AAC Feb. 15-17 County Judges at Wyndham at North Little Rock Feb. 20-22 County Treasurers at Embassy Suites Little Rock/AAC March 7-9 Circuit Clerks at Hilton Garden in Conway April 12-13 County Collectors at Hilton Garden in Conway June 6-8 County Judges at Best Western in Eureka Springs Circuit Clerks at Hilton Garden in Jonesboro June 14-15 County Collectors at Quality Inn in Harrison June 20-22 County Treasurers at Best Western in Eureka Springs June 25-27 County Clerks at Holiday Inn in Bentonville Sept. 6-7 County Clerks at Embassy Suites at Little Rock/AAC Sept. 26-28 County Judges at Holiday Inn in West Memphis Oct. 17-19 Circuit Clerks at Mountain View Oct. 24-26 County Treasurers at Hilton Garden in Jonesboro Nov. 29-30 County Collectors at Embassy Suites in Little Rock.

For more information on the ACE program contact Brenda “Emmy” Emerson at the AAC at (501) 372-7550 or e-mail her at bemerson@ arcounties.org. Keep track of continuing education throughout 2012 on the AAC Facebook page and Web site, www.arcounties.org.

COUNTY LINES, WINTER 2012

AAC

F a m i ly  F r i e n d s

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Above: Betty Boling, Montgomery County treasurer, listens to Eddie A. Jones, county consultant, discuss treasurer commissions.

Right: Marion Barnard, Columbia County Treasurer and a continuing education board member, reports to the group about updates in continuing education.

Above: Pam Ratliff with the Auditor of State’s office and Ralph Burns with the Secretary of State’s office, discuss the seminar at the vendor’s area in Little Rock.

Treasurers gather at ACE workshop The Association of Arkansas Counties educational arm, ARcounties Continuing Education (ACE), hosted an Arkansas County Treasurers continuing education training workshop Oct. 27-28 at the Embassy Suites in Little Rock.

Attendees enjoyed “County Revenues, Let’s Learn the Details,” presented by Eddie A. Jones and “Closing Out Your Year-End Books,” a panel discussion that focused on a class by class (I-VI) description of year-end processes, protocols and best practices.

Brenda “Emmy” Emerson, bemerson@arcounties.org, coordinates the ACE program. See the 2012 ACE calendar of workshops on page 56.

Above: Becky Gattas, Philips County Treasurer, and Eddie A. Jones, former AAC executive director, laugh at presenter comments during the treasurer’s continuing education seminar in October in Little Rock.

Right: Treasurers learn about “County Revenues, Let’s Learn the Details.”

COUNTY LINES, WINTER 2012

57

AAC

F a m i ly  F r i e n d s

Cole Q&A

» » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »

Continued from Page 55

<<<

Q: What is your favorite cuisine?

I could eat Mexican food every day.

Q: When you are not working, you are?

At this time, when I am not working, my husband and I are building a house. We are trying to do a lot of it ourselves. Every available moment we have, we are working on the house. After this project gets done, I hope to get caught up on reading, Q: What is the accomplishment of which you are most proud?

I am most proud of my family. I have two sons, Josh and Justin Rogers. They have given me many great memories watching them grow up. Also, I have traveled many miles watching them play football and baseball. Josh is married to Kamela, and they have given us an amazing grandson, Will. Josh and Kamala are both teachers and they both coach in Dyersburg, Tenn. Justin recently married Bailie. Justin is an agent with Farm Bureau Insurance in Arkadelphia and his wife is an LPN with Genesis Cancer Center. My wonderful husband of 8 years, Doug, shares his amazing children with me. Douglas attends the Air Force Academy, Melanie just got accepted in the Architecture program at U of A, and Annie attends school in Bryant. Doug and I are extremely blessed to have our terrific children Q: What is the hardest thing you have ever done?

Be a single mom for two boys on the salary of a starting deputy clerk. But, we made the most of it and still had a lot of amazing times together.

Q: What is at the top of your bucket list?

To be able to retire from being Clark County Clerk, slow down, and spend lots of time with my family.

Q: What might surprise people about you?

I love to travel. Besides travelling to numerous states, I have been to Mexico, Australia, Italy (Venice, Rome, Pisa, and Florence), London and Paris. You may also be surprised that I like to shoot rubber bands at the girls in my office…and yes, they shoot back!

Q: What is your pet peeve?

People who are not honest with me.

Q: What is your motto or favorite quote?

“You must do the things you think you cannot do.”

— Eleanor Roosevelt Q: What would you say about your time in the county clerks office?

While I have been in office, this job has changed dramatically. We have adapted to numerous mandates and deadlines. Things we thought we would never be able to do, we strived hard and achieved them well.

Advertiser Resource Index

Counties ‘take a load off’ in AAC challenge LITTLE ROCK – More than 50 county officials and employees joined the “Take A Load Off” Weight Loss Challenge Jan. 3. The Association of Arkansas Counties proposed the friendly competition aimed at better health to counties throughout Arkansas in December. A total of 57 people comprised seven teams that weighed in at 15,001 pounds.

“The challenge is another opportunity to interact with our county officials and employees. This is a fun and positive team effort in the spirit of healthier lifestyles,” Chris Villines, AAC executive director said. “We look forward to watching the participating counties have fun with this and start 2012 on the right foot together.”

The following six teams entered: • • • • • •

“Triple Threat,” Benton County Clerks office, 3 members “The Big Macks,” Benton County Juvenile Detention, 12 team members Little River County, 11 team members “Calorie Crushers,” Pulaski County, 13 members Poinsett County, 3 team members “Damsels in Distress,” Benton County, Division III, 4 team members

The contest time period is Jan. 3 – April 3, 2012. Follow the challenge on the AAC’s Facebook page and on its Web site at www. arcounties.org. The winning team will earn bragging rights, healthier futures and a feature in the Spring 2012 edition of County Lines magazine and coverage on AAC’s Web site and Facebook page and special recognition at the annual AAC conference.

AC Risk Management .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 AC oW rkers’ Compensation Trust .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Back Cover a.c.t. Geospatial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inside Front Cover Arkansas Geographic Information Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Arkansas Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53 Crews and Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Ergon Asphalt & Paving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Glover Trucking .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 eK ep Arkansas Beautiful ............................................................

33 Nationwide Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Rainwater Holt & Sexton, PA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Cover Tri-State Truck Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 58

This publication was made possible with the support of these advertising partners who have helped to underwrite the cost of County Lines. They deserve your consideration and patronage when making your purchasing decisions. For more information on how to partner with County Lines, please call Scott Perkins at (501) 372-7550.

COUNTY LINES, WINTER 2012

AAC Workers’ Compensation Trust:

You can

Stop and

relax when we've got you

covered W

hen you participate in the AAC Workers’ Compensation Trust, you can relax in hands of professional staff members who are going to take care of your needs. The AAC team has decades of experience in handling county government claims – they’re simply the best at what they do!

Did we mention that participants in our plan are accustomed to getting money back?

Since we started paying dividends in 1997, the AAC Workers’ Compensation Trust has declared almost 21.5 MILLION dollars in dividends, payable to members of the fund. In fact, we just mailed $1,250,000 in savings back to member counties in July 2011. The service is available for any size county government and other county government-related entities.

We’ve got you covered!

o sA ciation of rA a k nsas o C unties o W rkers’ o C e pm nsation rT ust

Debbie Norman Manager 501.375.8247

Debbie Lakey Claims Manager 501.375.8698

Kim Nash Claims Examiner 501.375.8805

Becky Burnett Admin Assistant 501.375.8805

Freda Taylor Admin Assistant 501.375.8694

Barry Burkett Loss Control 501.375.8805

514 West Third Street • Little o R ck, Arkansas 1027 COUNTY LINES, WINTER 2012

59

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

PRSRT STD U.S. Postage

PAID

PERMIT No.

2797