Winter 2009-10 County Lines Magazine by associationofarkansascounties

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FEATURE PROFILE: What Drives Gov. Mike Beebe? Pages 28-31

Election Season Again! Pages 38-41

New Pike County Jail Pages 44-45

The Official Publication of the Association of Arkansas Counties

The future is here...

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Looking for a simple way to put your mind at ease?

hen you participate in the AAC Workers’ Compensation Trust, you can relax and bask in the knowledge that caring, expert staﬀ members are going to take care of your needs. 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 more than $19 million in dividends, payable to members of the fund. In fact, we sent a million dollars in savings back to member counties in Arkansas in 2009 alone. The service is available for any size county government and other county government-related entities.

Association of Arkansas Counties Workers’ Compensation Trust

Call our hometown experts – we’ll put your mind at ease...

Debbie Norman Manager, AAC Risk Mgt. Services 501.375.8247

Debbie Lakey Claims Manager 501.375.8698

Kim Moncrief Claims Examiner 501.375.8805

Becky Burnett Admin Assistant 501.375.8805

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Freda Taylor Admin Assistant 501.375.8694

Barry Burkett Loss Control 501.375.8805

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' & "5 6 3 & 4 Gov. Mike Beebe Q & A ...................................................................28 Texas Roadhouse Chili – a Winner! ..............................................18 Get Ready for 2010 Election Cycle ...............................................38 Corrections / Courts.........................................................................42 Act 209 applies to seatbelt law, too Pike County Dedicates New Jail ....................................................44 Sen. Lincoln Convenes Agri Committee at AAC .........................48 County ‘Best Practices’....................................................................56 The Gold Standard for handling oﬃce money

AAC

Staff

Proﬁle ...............................................................................26 Receptionist / Special Projects Coordinator: Brenda Emerson County

Ofﬁcial

Proﬁle ......................................................................36 Sherry Bell, Columbia County Clerk Know Your AAC Board......................................................................47 Jimmy Hart, Conway County Judge Debra Buckner, Pulaski County Treasurer / Collector Calendar

Events ...........................................................................25

Leaving a Leadership Legacy.........................................................58

% & 1" 3 5 . & / 5 4 From the Director’s Desk: By Eddie Jones......................................................7 President’s Perspective: By Hon. Mike Jacobs ........................................... 10 Legislative Tangents: By Jeff Sikes............................................................... 11 County News..................................................................................................... 12 Calendar of Events .......................................................................................... 25 Frequently Asked Questions: By David Morris ............................................ 24 From the Governor: By Hon. Mike Beebe .................................................... 49 Attorney General Opinions: By Mark Whitmore ......................................... 32 County Law Update: By Mike Rainwater...................................................... 41 NACo News ....................................................................................................... 50 Advertiser Resource Index ............................................................................. 58

ABOUT LOGAN COUNTY

0O UIF $PWFS Logan

County in west Arkansas is one of 10 counties with dual county seats. The cover photo features its courthouse at Paris, near Mt. Magazine; above is the Logan County Courthouse at Booneville. (AAC photos / Randy Kemp)

Logan County was created on March 22, 1871, from parts of Franklin, Scott, Johnson and Yell counties. The county was named to honor James Logan, a pioneer who was in both the territorial and first state legislatures. Logan is one of 10 Arkansas counties with dual county seats – one in Paris, the other in Booneville. The landscape of Logan County is rolling farmland, forested ridges, isolated mountains, and lakes. Logan County holds a wealth of natural and scenic beauty including the highest point in Arkansas, Mt. Magazine, which is 2,753 feet high. It rises from the Ozark National Forest

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where, on a clear day, you can see 40 miles. The mountain is also within the boundaries of the Mt. Magazine Wildlife Management Area. A part of the Ouachita National Forest extends into the county, making it one of only two counties in the state to include two national forests. Just north of the forest is Blue Mountain Lake, an impoundment on the Petit Jean River. Located in the county is Subiaco, a Benedictine abbey that was established in 1878 and thrives today as a monastery and academy for young men. The courthouse with its impressive columned porticoes on the front and sides with the octagonal clock tower, houses early history of the county.

SHINE online Using e-mail and online documents instead of paper greatly reduces the amount of paper that goes to landfills. Doing a little can do a lot. SHINE.

Visit KeepArkansasBeautiful.com or call 888-742-8701 for more information.

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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 Randy M. Kemp at 501.372.7550.

Will retiring

EXECUTIVE EDITOR Eddie A. Jones ejones@arcounties.org

Baby Boomers

MANAGING EDITOR Randy M. Kemp

leave counties bust?

Eddie A. Jones

AAC Executive Director

Association of Arkansas Counties www.arcounties.org

EXECUTIVE DIRECTOR Eddie A. Jones David Morris, Assistant to the Director Jeanne Hunt, Executive Assistant Mark Whitmore, Chief Legal Counsel Jeff Sikes, Legislative Director Randy Kemp, Communications Director Cindy Posey, Accountant Brenda Hildebrandt, Accountant Brenda Emerson, Receptionist / Special Projects Coordinator AAC E-mail addresses: (initial of first name)(last name)@arcounties.org Debbie Norman, Manager, Risk Mgmt Services Freda Taylor, Administrative Assistant Debbie Lakey, Workers’ Comp Claims Manager Cathy Perry, Administrative Assistant Kim Nash, Workers Comp Claims Examiner Cindy Calvert, Claims Examiner Becky Burnett, Administrative Assistant/Receptionist Barry Burkett, Loss Control Specialist RMS E-mail addresses: (initial of first name)(last name)@aacrms.com If you want to write, call, or visit your AAC headquarters, here is the information you need: Association of Arkansas Counties 1415 West Third Street Little Rock, AR 72201 (501) 372-7550 phone (501) 372-0611 fax

emember the beginning of your county government career? I was elected to county office in 1980. I must have been oblivious to all the problems – because as I look back... It was a wonderful time; I was surrounded by people my age or slightly older (some quite a bit older... but we seemed close in age). We worked hard together, had county fish fries, county picnics, played co-ed basketball, and started our families. OK – just let me reminisce and wallow for a minute. But you can do the math – we’re closing in on the 30 year mark! There are thousands of county workers and officials (and workers in other sectors as well) around my age who are becoming eligible for retirement. When I do my “informal survey” of the attendees at our affiliate association meetings and at AAC conferences, I see mostly Baby Boomers. Just who are the Boomers? They are those of us born between 1946 and 1964, and we are 77 million strong. The so-called leading-edge Boomers were born between 1946 and 1955 (that’s me), while those born between 1956 and 1964 are referred to as late Boomers. The two groups differ in some very fundamental ways. Leading-edge Boomers, for instance, were eligible for the draft, but the draft lottery had ended by the time the late Boomers came of age. Leading-edge Boomers remember the family’s first black-and-white TV, while late Boomers grew up with a houseful of appliances. Leading-edge Boomers fought for a woman’s right to work, while late Boomers coped with working mothers. The cultural revolution of the late ’50s and the 1960s – with its emphasis on rebellion, romanticism, novelty, experimentation, and distrust of the “system” – had a huge influence on today’s Boomers. This is a source of great amusement to the generation that produced the Boomers – our parents – who have watched their children embrace every stage of life as if we were the first Americans to experience adolescent angst, fall in love, get a job, give birth, raise children, have a mid-life crisis, and reflect on the meaning of life. Let’s face it – Shakespeare wrote about all this stuff centuries ago. The Boomers do, however, share some interesting traits. We are individualists; we are nostalgic; we are young at heart; we are altruistic and spiritual; and we continue to pursue self-discovery, and self-improvement. But we ARE going to retire… even though many of us will continue to work at something… albeit not for a living but because we want to be useful. The reason for this article is not to figure out what makes the Boomers tick – but to simply look at what impact the retirement of the Boomers may have on the county work force in Arkansas, if any.

www.arcounties.org

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'30. 5)& %*3&$503¦4 %&4, >>> Although some may view impending retirements as a blessing because of fewer high-end salaries to pay (although high-end in Arkansas county government is not that high), our counterparts in the private sector are learning that it is becoming increasingly diﬃcult to replace the skills, knowledge and expertise Boomers take with them when they retire. It is the Boomers that have made the conversion in county government from a manual system to a computerized or an electronic system. It is the Boomers that have the laws, the regulations, the intrinsic formulas, the revenue and expenditure codes and all the other things that make county government work ingrained into their minds. They have more than a “software program” – they have knowledge. So, it is incumbent upon those Baby Boomers that are still serving in county government to teach the younger generations the “ins and outs” of county government. Don’t just leave them a package of software! The Labor Department has been saying for years that there simply are not enough Generation X-ers (those born from 1965 through 1978) to replace Boomers and that those available from younger generations might not be as enthusiastic about making public service their careers. Is that the case? What’s happening right now and what can we expect to happen during the next few years? County government in Arkansas has seen an increase in the number of retirements in the last few years – and the pace will increase over the next few years as the remaining Baby Boomers head for the “pasture”... or at least sharply curtail their work activity. Having a “defined benefits retirement plan” in Arkansas government allows for fairly early retirement if you get started in the arena of public service soon enough. That is accelerating the Baby Boomer retirement saga to some extent – allowing for retirement even before reaching the age of 62 when a person can first qualify for reduced Social Security benefits.

for law enforcement personnel – but we need to retain those trained officers. Counties have always had difficulty recruiting IT workers for the same reason – pay scale. But it is becoming increasingly more important for counties to have IT personnel on staff with the deluge of technology and technology-delivered services in the county courthouses. Having made mention of the “pay problem” in many counties – it reminds me of a discussion I had many years ago with the former President of the Association of Arkansas Counties – Judge Roy “Red” Bearden. At that time (probably 15 years ago or more), Judge Bearden said, “for Arkansas counties to ever pay good salaries we are going to have to learn how to accomplish the job with fewer people so that we will be in a fiscal position to pay more per employee.” As more and more Baby Boomers retire it may be the time for your county to take a look at increased efficiencies – if you haven’t already. Lean Training initiatives are used in the private sector to reduce wasteful processes, particularly in manufacturing, but “lean” is becoming more widely accepted in government operations. I do caution any county that looks at increasing efficiencies to remember there are certain law requirements that a county must adhere to in order to maintain the system of “check and balance”. It is wise, however, to periodically review processes. You may come up with new procedures, equipment and/or resources to accomplish county activities more efficiently, perhaps eliminating unnecessary steps or automating in order to focus on being able to complete essential services to your constituents. Is Arkansas county government going to be in a lurch because of the mass exodus of Baby Boomers? I don’t think we have to be! Yes, we are losing a lot of institutional knowledge and a lot of “on the ground – roll up your sleeve” experience. That’s where a little succession planning comes into play.

“It is incumbent upon those Baby Boomers that are still serving in county government to teach the younger generations the ‘ins and outs’ of county government. Don’t just leave them a package of software!”

So far counties have handled the situation in stride. Most Arkansas counties are small and rural. In the smaller counties in particular, county government employment is perceived as being desirable; jobs are stable and the jobs come with a retirement plan – something that is not a benefit of many jobs in today’s market. County government should use the “retirement benefit card” to attract quality employees. Pay is not usually the “drawing card” for a county government job – but job stability and a retirement benefit are good draws.

Some counties do have trouble recruiting and retaining employees for certain positions – mainly because of pay… or the lack thereof. Arkansas counties have traditionally had trouble keeping law enforcement employees due to the fact that law enforcement jobs with many cities and the state pay more. We have become the “training ground” 8

Arkansas county officials need to hire wisely and then mentor a quality staff member to run for that position when you decide to retire. It is true that the electorate will have the final say on who fills an elected official position of trust – but it is also true that a large percentage of the electorate have come to realize that “county constitutional officers” are “working officers” and they understand the need to elect someone who knows and understands the intricate operation of any particular office. Counties should increase their investment in staff development to create more of a “career ladder” for their county workers. The strategy being that by promoting from within they will be in a better position to replace experienced supervisors that retire. Another idea is to use more part-time positions to attract nonCOUNTY LINES, WINTER 2009-2010

'30. 5)& %*3&$503¦4 %&4, traditional types of workers, like retirees (retired Baby Boomers). By doing this you reduce benefit costs but you get a good work ethic. A fairly recent AARP poll shows that about 80% of Baby-Boomer retirees do not want a traditional retirement because of a strong interest in public service. They want to work part-time in places where they can make a diﬀerence. One of the most important things that a soon-to-be-retired Baby Boomer in county government needs to be doing is “mentoring”. Pass along the vast volumes of county government knowledge tucked away in the crevices of your mind. Pass it forward for smooth county government operations for years to come. The eﬀect of Baby-Boomer retirements was expected to be most dramatic in the decade we are in. By 2018 nearly all Baby Boomers are expected to be out of the full-time work force, for the most part. Aggravating the situation is a much smaller pool of workers immediately following the Baby-Boomers – the Generation X-ers (those born between 1965 and 1978). Nevertheless, there are encouraging signs that the labor force will not collapse. Changes to Social Security will probably cause some to delay retirement. A healthier older population and one that sees work as beneficial may also keep people working longer. Finally, the supply of workers may be on the upswing. Current high unemployment has increased the pool of workers to choose from; immigration is projected to continue increasing in the coming years; and the birth rate increased over the 1979-1994 period, the socalled “baby-boom echo” or Generation Y-ers – many who are now in the work force. These phenomena will help provide more workers for a dwindling labor force. In drawing my conclusions, I would say that statistics don’t lie. Baby Boomers, who have dominated the labor market for many years, are not getting any younger. We will eventually retire – many of us in the near future. I conclude that the “changing of the guard” may be coming at the most opportune time and here are the reasons on which I have made my conclusion. Baby-Boomers have worked hard for many years. We have seen and made a lot of good changes. County government in Arkansas has evolved and progressed under the leadership of the Baby-Boomer Generation. However, Baby-Boomers are “very opinionated” (that may be one of our worst attributes) and we have trouble letting go of the past as we move into the future – and we’re opinionated about that. Yes, it was the Baby-Boomers that made the conversion from manual systems to electronic systems in county government. But, we want it both ways. We like to run dual systems – manual and computerized. It is simply the nature of many Baby-Boomers. We have lived in both worlds and we like to keep a foot in both worlds. But it cannot always be that way. As we prepare to turn the reins over to the Generation X-ers during the next few years I believe the timing is perfect. Generation X-ers are seeking stability and there’s nothing more stable than county government. They are looking for balance and perspective – and they are extremely independent. I believe those common traits will serve them well in county government and will serve county government well. COUNTY LINES, WINTER 2009-2010

“Arkansas county oﬃcials need to hire wisely and then mentor a quality staﬀ member to run for that position when you decide to retire.” Maybe most important – members of Generation X grew up with Pac Man, Atari, and cable television. Generation Xers are media and technology-savvy – the first generation to grow up computer literate. The transition is coming at the perfect time as county government moves toward high-tech delivery of services, complete computerization and a near-paperless operation. At the same time Generation X-ers are nostalgic for yesteryear. This generation is motivated to learn, work at a fast pace, and hold on to traditions. That means they will be able to modernize while holding true to county government principles. I believe most of us would like to think we can’t be replaced. But the truth is, there is not a one of us that cannot be replaced. I believe county government will be in good hands as Generation X moves to the helm. County government employment, by nature, is more stable than the private sector. The impact of an aging workforce will evolve over the next few years. Above all, we know that county governments are resilient; they will strategically deal with any future worker shortages so that essential services to their constituents are not compromised. As a Baby-Boomer that has been in county government for nearly 30 years, I am looking forward with aroused anticipation – and with some trepidation of the unknown – to the next phase of my life. Please keep us old Baby-Boomers in mind when you have one of those part-time job openings at the courthouse – because we do want to remain useful. And besides, there are only so many of those WalMart greeter jobs available – and some of us are too opinionated for one of those jobs anyway! “The best time to start thinking about your retirement is before the boss does.” – Anonymous

 EDDIE A. JONES AAC Executive Director

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2009 was a lean year for many of our counties Where do we go from here? MIKE JACOBS

y the time this issue of County Lines is produced all counties should have their budgets completed for 2010. Hopefully, your budgeting woes are behind you and now the anticipation begins as you await your actual revenues for the coming year. In talking with oﬃcials from around the state, it is apparent that we are in the same boat – declining revenues and increasing expenses. 2009 anticipated revenues were less than expected and the general opinion is that 2010 will be even worse than last year. With all the media exposure for the stimulus funding, the average citizen thinks local government is being flooded with “free government money”. In reality, very little or nothing at all is coming to county government in Arkansas. Around the state, we have all had to take a look at the services we are providing our residents and the manner in which they are delivered. Were it not for the rainy day funds that some counties have in reserve, it would be crisis time for the 2010 budget year state-wide. In preparing the budgets, the finance committee of the quorum court had to take a very close look at all aspects of the budget. Unfortunately in many cases, county employee salaries, raises, benefits, and positions are among the first areas of the budget to be cut. We must all keep in mind that county employees are what makes up

“Unfortunately in many cases, county employee salaries, raises, benefits, and positions are among the first areas of the budget to be cut. We must all keep in mind that county employees are what makes up county government, either good or bad. If your employees, including elected oﬃcials, are treated fairly and equally, they will be happy and respond accordingly.”

AAC Board President

county government, either good or bad. If your employees, including elected officials, are treated fairly and equally, they will be happy and respond accordingly. In my opinion, our employees should be the last to take a cut. There are many areas of the budget to be considered besides employees. For instance: 1) Delaying capital expenses and major repairs until a future date when the revenues are stable and flowing in a positive direction; and 2) contracting out some services that historically have been handled by the county but at much lower expense when contracted out to other non-profits. The more severe actions would include hiring freezes, layoﬀs, shortened work weeks, across-the-board budget reductions, no employee raises, service cutbacks, reduced travel and training benefits, and the list goes on. Our biggest challenge for the near future is to continue to provide the services our constituents have grown to expect on a daily basis, but without the revenues to provide them. The traditional business model for providing these services by counties must be modified to cope with today’s budget restrictions. In reality, the only way to oﬀset declining revenues is to cut expenses or raise taxes. There is never a good time to raise taxes but now is especially difficult, with the global economic downturn. That is especially true at the local level in the small counties of Arkansas, where there exists a general unwillingness to even discuss tax increases for county government. Not only is there an unwillingness but in some cases, especially among folks on a fixed income, there is a true inability to pay additional taxes. So where do we go from here? The short run looks bleak, but there are positive signs that things are looking up for the future. We have all made sacrifices for the short run, but I honestly believe the future is bright in the long run for county government. As the popular proverb reminds us, “this too shall pass”. With all this said, my New Year’s wish is that 2010 will be a better year for your county and your citizens...

The Hon. Mike Jacobs, Johnson County Judge AAC Board President

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Moving AAC technology into the 21st Century – in order to help YOU!

Member-driven website oﬀers powerful features

et’s talk about the internet; specifically your Association’s website at www.arcounties.org (for those who haven’t visited!). We are, currently, in the process of upgrading and improving our website. It has been over seven years since the last upgrade and, although the site is still functional, it has become a little dated. In addition, technologies have changed and that means we have to change in order to keep up. But, we want to do better than simply keeping up with the Joneses; we think your AAC website should be a leader, not a follower. To this end we are endeavoring to change not only the look of the website but the whole mission of our site. Your Association is, in a broad sense, in the “information” business. Our mission is to find the information you need to be successful as county and district oﬃcials or employees. Once found we need to get that information to you in a timely fashion. When I first started at AAC we did this using the postal service, telephones and this new fangled invention known as the “fax” machine. Later we added email and finally our own AAC website. All of these steps were natural with one building upon the other. Now it is time for the next step in this evolution. In October 2009 the AAC Board of Directors authorized a new direction for the Association as regards our website. In brief, your Directors approved a 180-degree shift in our current internet-website philosophy. That shift can best be summed up by the term “member driven”. What was once a passive site providing information to members and the general public will be converted to a password protected, more dynamic site focusing on member services. We want our website to provide a “one stop shopping” experience to our members. We will still have a lot of public information; however, we will have some areas that are “Members Only” and focus on your needs. The following is a broad outline of the project: 1. Re-design website so that it is a dynamic, interactive site focusing on member services as opposed to the provision of purely public information. Your Association Board of Directors has authorized a sizeable investment in the site and that coupled with an ongoing commitment to keeping the website current as to technology and fresh, “what’s in and what’s out”, as regards website design and functionality. We don’t want to get behind as we go forward. The new site should evolve with the times and technology. 2. Integrate an active legislative component that provides real-time (if possible) information, bill tracking AND an advocacy module with built in email, mail and telephone advocacy components as well as COUNTY LINES, WINTER 2009-2010

JEFF SIKES AAC Legislative a mechanism for tracking and measuring Director response to advocacy. To this end we have contracted with Capsearch to provide the necessary software and data manipulation.

“We want to do better than simply keeping up with the Joneses; we think your AAC website should be a leader, not a follower.” 3. Create a separate section for benefits programs such as the AAC Risk Management Fund and the AAC Worker’s Compensation Trust. In essence this will be a sort of “site within a site” for members who also participate in these programs. It will reside behind a password protected firewall and will provide secure online forms, product information, etc. 4. Create a dynamic, searchable legal information section for all members containing answers to frequently asked questions from the staff at AAC as well as legal research capabilities. 5. Provide a system of automated press releases for quick action regarding AAC and county issues. 6. Take the new product to our membership in the form of “handson” training seminars as to the use of each of the site’s components. In summary information is the stock and trade of the Association of Arkansas Counties. The key to success in providing this “information” to county members is the effective use of technology. The goal is to “retool” the AAC information machine by re-designing the existing website, as nearly as possible, to be a “one-stop-shopping experience” for our members. If we do this correctly we hope to have an effective, informative website that will be used by all of our members. I will provide you with an update on our progress in next quarter’s issue of County Lines.

$0 6/5: /&8 4 Grant funds emergency response trailer at Carroll County BERRYVILLE — An emergency response communications trailer was placed into service in Carroll County, purchased with grant funds totaling more than $43,000. The money was used to purchase and equip the trailer and to outfit responders with body armor, radios and training. The bulk of the money was spent on a specially equipped self-contained trailer that arrived complete with a boom antenna, gas generator, backup batteries, and high-tech communications equipment. It will be stored in a secure area at the Carroll County Detention Center — available to all law enforcement departments, fire firefighters and emergency service responders, said Jason Morris, with the Carroll County Oﬃce of Emergency Management. According to Morris, it can be used for any kind of emergency; flood, fire, acts of terrorism, or during ice storm power outages since it is self-contained with a gas-powered generator and back-up batteries that can be recharged with the generator. Morris said his oﬃce applied for and received a State Homeland Security Group grant in the amount of $28,675, along with a $14,765 Law Enforcement Terrorism Prevention grant. Between the two, the trailer was purchased

and outfitted with communications equipment. In addition, the money will be used to install an Arkansas Wireless Information Network system in the county’s OEM oﬃce to link to agencies nationwide, and pay for body armor for mem-

bers of the county’s tactical team, and for IED (improvised explosive device) training for all law enforcement personnel throughout the county. – By Anna Mathews Carroll County News

Benton County SO program focuses on youth involvement The Benton County Sheriff’s Office started a new juvenile crime prevention program called PAL, or Police Athletic League. PAL is a national organization that was started in the 1940’s and has now grown all over the U.S. This program is intended to promote good citizenship in youth, promote positive communication between police officers and kids, and to improve overall moral and civic standards in our youth. Volunteers involved in this program include sheriff’s deputies, juvenile probation officers, school representatives, community leaders, and other volunteers throughout the county. Benton County SO personnel have teamed up with the Rogers Activity Center and the Boys and Girls Club of Benton County to offer these activities under the supervision and constructive influence of a responsible law enforcement agency. “We will be sponsoring numerous events, fundraisers, recreational activities and educational activities throughout the year,” said Sgt. 12

Chris Sparks of the Professional Standards Office. “This past summer we selected approximately 60 kids throughout Benton County to be involved in two Jr. Police Academies. During these two weeks the kids were exposed to every division from within the Sheriff’s Office and they had a great time.” The day after the final graduation the Sheriff’s Office was involved in a basketball fundraiser where Sheriff’s Office employees played ex-Arkansas Razorbacks in a 5 on 5 basketball game at the Bentonville High School. All proceeds from the basketball game benefitted the PAL program. A second major fundraiser came in October at the Benton County Fairgrounds in the form of a haunted house, put on by the Sheriff’s Office employees with help from PAL youth. The haunted house ran a total of nine nights and all of the money raised will buy items for the Police Athletic League.

“We are having sheriff’s deputies coach sports teams within the local activity centers and we are trying to have the teams named PAL,” added Sgt. Sparks, who is a key organizer of the program, along with Sheriff Ferguson and Kimberly Sparks, who works for the Benton County Juvenile Probations Office. UUUUUUUUUUUUUUUUUUU

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

your

county

ofﬁcials

staff

get

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: email rkemp@arcounties.org)

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$06/5: /&8 4 Granite bench honors Miller County judge – ‘...a friend to all’

Randolph County Judge David Jansen (left) and Bill Carroll, local historian and preservation specialist, stand with a new sign now located at the Randolph and Lawrence County line on Hwy 67 recognizing Randolph County as a “Preserve America” community. When this photo was taken just before Thanksgiving, Randolph was the only county in Arkansas to be named as a “Preserve America” community. Its inclusion opens the door for a number of grants with which to promote the county’s rich heritage.

A granite bench bearing an inscription honoring Miller County Circuit Judge Jim Hudson was dedicated in November on the west lawn of the Miller County courthouse at Texarkana. Judge Hudson died in May of complications following cancer surgery. The stone bench was donated by the Miller County Central Democratic Committee, an organization Hudson chaired “back in the Carter days,” said the committee’s current chair, Larry Dowd. Dowd described Hudson as a “friend to the committee” and as a “truly good man.” The granite thinking spot is being inscribed by staﬀ at Ken’s Memorial in Texarkana with an honorarium created by Miller County Clerk Ann Nicholas: “Honoring the memory of James S. Hudson, 1954 to 2009. Judge, scholar, protector of children, friend to all.”

(Pocahontas Star Herald / Susan Thielemier)

– Arkansas Democrat-Gazette

Coroners hone skills, stay up-to-date

State Trooper Tim Carter walks coroners through reconstructing a motor vehicle accident. Far left: Talking shop at break-time; Near left: Earnest Larry, Phillips County Coroner, signs in for the Dec. 11 ACA meeting, held in Texarkana. Leonard Krout, Pope County Coroner and President of the Arkansas Coroners Association

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(Photos courtesy Leonard Krout)

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$06/5: /&8 4 Donna Wilson leads Arkansas Circuit Clerks into a new year

2010 Directors for the Arkansas Circuit Clerks Association are (from left): Alma Davis,Sharon Gray, Brenda Deshields, Jeannie Steen, Janet L Kilbreath, Cheryl Wilson, Andrea Billingsly, and Jan Griffith. They were installed by Secretary of State Charlie Daniels (center). Vicki Rima (Garland County) and Skippy Leek (Desha County) were re-elected as the AAC Directors (below).

Secretary of State Charlie Daniels swears in new officers and directors at the Arkansas Circuit Clerks Association fall meeting at the Holiday Inn Presidential in Little Rock on Oct. 16. Donna Wilson (foreground) of Stone County was installed as President. Other officers are: Claudia Matthews of Poinsett County, 1st Vice-President; Sharon Blount of Crawford County, 2nd Vice-President; Phyllis Villines of Madison County, Secretary; Vera Reynolds of Lincoln County, Treasurer; and Bobbie Jo Green of Howard County, Historian.

Disasters declared in 52 counties after October’s storms Gov. Mike Beebe in October and November declared 52 counties eligible for state disaster assistance due to severe and widespread storms, tornadoes and flooding in October. The state declaration named Arkansas, Boone, Bradley, Calhoun, Carroll, Chicot, Cleburne, Cleveland, Columbia, Conway, Cross, Dallas, Drew, Faulkner, Franklin, Fulton, Grant, Independence, Izard, Jackson, Jeﬀerson, Johnson, Lafayette, Lawrence, Lee, Lincoln, Logan, Lonoke, Marion, Miller, Monroe, Nevada, Newton, Ouachita, Poinsett, Prairie, Pulaski, Randolph, Saline, Scott, Sharp, St. Francis, Stone, Union, Van Buren, White and Woodruﬀ Counties state disaster areas due to the storms. The Nov. 9 declaration was separate from previous declarations for earlier October flooding. Counties listed in the earlier disaster declarations also included Ashley, Clark, Desha, Little River and Madison Counties. All told, 52 Arkansas counties received state disaster status due to severe weather in October.

Nov. 11 – Gov. Mike Beebe authorized $2 million from the Governor’s Disaster Fund to provide limited individual assistance for flood and storm victims in 12 Arkansas counties. Arkansans with uninsured damage to their primary residences may be eligible for State aid in Columbia, Franklin, Grant, Johnson, Lincoln, Logan, Lonoke, Ouachita, Pulaski, Scott, Union and White Counties, the governor said. “While we will request a Presidential Disaster Declaration for flooding damage to infrastructure in Arkansas, we don’t believe we will meet the federal requirements for individual assistance,” Beebe said. “The state can provide limited funds to help uninsured homeowners in the counties hardest hit start toward recovery.” Nov 13 – Governor Mike Beebe added Saline County as the 13th county where storm and flood victims may be eligible for limited state aid from the Governor’s Disaster Fund. Beebe earlier authorized the assistance for Arkansans with uninsured damage to their primary residences in Columbia, Franklin, Grant, Johnson, Lincoln,

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Logan, Lonoke, Ouachita, Pulaski, Scott, Union and White Counties. President Barack Obama in turn declared 37 Arkansas counties eligible for federal assistance following those severe storms, tornadoes and flooding. The declaration covered Boone, Bradley, Calhoun, Carroll, Cleburne, Cleveland, Columbia, Conway, Cross, Dallas, Franklin, Fulton, Grant, Izard, Jackson, Johnson, Lafayette, Lawrence, Lincoln, Logan, Marion, Monroe, Nevada, Newton, Ouachita, Poinsett, Prairie, Pulaski, Randolph, St. Francis, Scott, Sharp, Stone, Union, Van Buren, White and Woodruﬀ. Under the declaration, the federal government provides financial assistance to cover a share of state-and-local costs in storm response and repairs, and the counties are eligible for hazard mitigation grants to help protect against future natural disasters. President Obama’s declaration did not include federal aid for individual assistance.

$0 6/5: /&8 4 Highway dedication honors former Mississippi County Sheriff Friends, relatives and law enforcement officers from all over Mississippi County were in attendance Nov. 5 for the dedication of the Leroy Meadows Memorial Highway. County Road 599, which runs in front of the Mississippi County Sheriff's Office and Jail, was officially dedicated as a memorial to the late sheriff. Meadows died March 27 after a long illness. Sheriff James Sanders, who was chosen by Meadows to run the sheriff's office in his absence, told the crowd how much Meadows and his family meant to him. "They're (the Meadows family) supporting and helping me," Sanders said. The sheriff said the dedication of the highway was an opportunity for those who knew Meadows to share his legacy with those who didn't. "We know the man, the myth, the legend. This memorial is for others to learn what we already know, his kindness, his dedication. This will allow us an opportunity to tell someone else and remind others of who (Meadows) is and was," Sanders said. Meadows was a friend to all and a father figure to all law enforcement and emergency personnel in the county, Sanders said. "He would stand there, with that twinkle in his eye and fold his arms and give you advice. But when he takes his glasses off, you'd better run." Meadows had been sheriff for 19 years. Before that, he served 40 years as an Arkansas State Police Trooper. Before that, he was in the military. County Judge Steve McGuire thanked Meadows' family for allowing him to be as committed to serving our county as he was. "We all recognize the quality of person Leroy was," McGuire said. "He committed his entire adult life to serving our country, our state and our county. I want to thank him for his commitment to us." Sanders said that all in attendance now have a duty to share Meadows' legacy with others. "We will talk about who (Meadows) was and how he

Sheriff James Sanders, right, stands with Mrs. Vivian Meadows and her son, Terry Cole, by one of the signs that will be posted on County Road 599, naming the road in front of the county sheriff’s office and jail as a memorial to longtime Sheriff Leroy Meadows, who died in March after serving the county as sheriff for 19 years. (Photo / Donna Loyd Hilton)

was a friend, a father, a big impact on all of us. That's our purpose now, to be an impact on somebody's life." Justice Donnie McDaniel, chairman of the quorum court's Police, Fire and Safety Committee, told the crowd that Meadows was Leroy Meadows "an easy person to talk to," adding that it was "such a privilege to be here to honor" Meadows. Another speaker was Chuck Lange, executive director of the Arkansas Sheriﬀ's Association, who spoke of his years-long friendship with Meadows. Lange spoke of the times he and Meadows had met in Little Rock to address the legislature and how fond Meadows was of prac-

tical jokes. Captain Larry Robinson, known as "Fish" to all in law enforcement, spoke on behalf of Meadows' family. "To many people, he was the driver's license man," Robinson said, referring the many years Meadows worked as a driver's license examiner in the county. "He gave probably everyone here our driver's license," the deputy said. Robinson said Meadows would "be so proud" to know that the county was remembering and honoring him in this way. "It's a very big honor to him and his family. We would all like to thank you," Robinson

said. The most emotional moments in the ceremony came when Meadows' son, Terry Cole, spoke of his father's dedication to the people of Mississippi County. "It's hard to find the words .... we oﬀer our truly heartfelt thanks," Cole said, obviously holding back tears. "Dad loved being sheriﬀ. He carried out those duties with honor and integrity." Cole helped his mother, Vivian and other family members unveil the sign that will be posted on County Road 599 naming it the "Leroy Meadows Memorial Highway." – By Donna Loyd Hilton Blytheville Courier News

Time to retire, Norris says after 39 years with state prisons Larry Norris, director of the state Correction Department for the past 16 years, announced that he would retire in January 2010 after working at the department for 39 years. He served as head of the agency longer than any director. At press-time, Gov. Beebe had not yet recom-

mended a replacement for Norris. The Arkansas Board of Correction has final approval of who is hired. When Norris became director 16 years ago there were 14 units in the state prison system. Since then five more units had been added.

They are the Varner Supermax, Ouachita River at Malvern, the McPherson unit for women near Newport, the Grimes Unit near Newport and the J. Aaron Hawkins Senior Center near Wrightsville. –Senate

Information

Ofﬁce

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$0 6/5: /&8 4 Far left: Charlie Daniels and 2010 President Janet Troutman Ward; left: Outgoing President Lee Ann Kizzar; below: Secretary Daniels, Larry Fratesi, and Johnny Rye Jr. (Photos / Secretary of State’s Office)

Assessors’ president uses Internet to help get job done The Arkansas Assessors Association fall event at the Arlington in Hot Springs saw registration topping 300, including 50 Assessors from around the state. The meeting saw the president’s gavel being passed from Lee Ann Kizzar (Washington County) to Janet Troutman Ward (Pulaski County). The other new oﬃcers / board members are: Vice President, June Wiles (Polk County); Secretary/Treasurer, Debra Lang (White County); 4-year AAC Representative, Larry Fratesi (Jefferson County); 2-year AAC Representative, Johnny Rye Jr. (Poinsett County); District 1 Representative, Farrah Matthews (Lawrence County); District 2 Representative, Trina Jones (Van Buren County); District 3 Representative, Cathy Bennett (Franklin County); District 4 Representative, Debbie Teague (Howard County). The new oﬃcers and representatives assumed duties January 1 for two-year terms. The group had a very entertaining welcome from Hot Springs Mayor Mike Bush. “He was so funny he could do a spot on Saturday Night Live,” was one comment about the mayor. Informational presentations included GIS, cell towers, oil and gas assessments and others. There were six continuing education classes offered: Back to Basics GIS, Marshall and Swift, Commercial Straight Talk About Management, USPAP, Uniform Standards of Professional Appraisal Practice, and Valuation of Big Box Stores All the classes were full and organizers even added two more class rooms. Another part of the fun was a Halloween

costume contest, and an installation banquet with Charlie Daniels and Mark Wilcox doing the installations. Kizzar and fellow oﬃcers were recognized for their contributions. The Assessors ended Friday morning with breakout sessions with computer vendors. The new president is in her fifth term as Pulaski County Assessor. She has been with the Assessor’s Oﬃce since 1993. Ward has a widely varied background: She’s a licensed, ordained minister and serves as Associate Pastor for Liberty Fellowship Church in North Little Rock; she has an Associate’s degree in Practical Pastoral Ministry from Master’s Divinity School in Evansville, Indiana. She and husband John, an electrical engineer, have been married for 34 years. Their 25-year-old daughter, Johna is working on her Master’s degree in Family and Consumer Science at UCA in Conway. Ward is also quick to embrace technology, when it is something that will help her get the job done. “I wanted to use technology to get the

COUNTY LINES, WINTER 2009-2010

assessment message out so that is when I decided to do my YouTube video about the upcoming reappraisal and the appeal process. We bought a $99 iFlip (video camera) and duct-taped it onto an old tripod and my IT guy did the recording,” she said. And although she laughs at how basic their tools were for this project, “the response was great, with thousands of hits,” she said. She plans to “keep it fresh” by changing the video at least each quarter. “I am tweeting for the same reason. I wanted to use technology to get out the assessment message. As far as I know no other county oﬃcial in Arkansas has a YouTube video or a Twitter account.” (http://twitter.com/assessorchick) There are not many such online assessor tools in other states, either, she added. Her oﬃce also has a website: www.pulaskicountyassessor.net/ You can view her YouTube videos at: www.youtube.com/user/pulcoassessor and www.youtube.com/watch?v=s8BX_GjV_r0

$06/5: /&8 4

All in good fun, but chili cook-off brings out some serious cookin’

t’s a Halloween tradition each year at the Pulaski County Treasurer/Collector’s office – a just-for-fun chili cook-off. Serving as judges were (first photo, from left): Eddie Jones, AAC Executive Director; Chris Villines, Saline County Collector; and Pulaski County Sheriff “Doc” Holladay. In the photo at right, Pulaski Treasurer/Collector Debra Buckner (left) and the 2009 cook-off winner, Bonner McCollum, visit with the judges as they joke around with some decorative pumpkins. “This is our way of celebrating the fall/Halloween/after-tax season. It’s a good way to relax a little, and promote good fellowship,” said Buckner, who has 48 employees. This is Bonner’s second consecutive year to win the traveling trophy, which graces the winning employee’s desk all year. She is an accounting clerk in the Cashiering Department of the county treasury office. Bonner’s winning recipe is included below.

Texas Roadhouse Chili Serves 8-10

CHILI INGREDIENTS •

tablespoons

corn

canola

oil

•

pounds

beef

stew

meat,

cut

into

inch

cubes

•

1/4

pounds

pork

loin,

cut

into

inch

cubes

•

pounds

lean

ground

beef

•

cups

diced

yellow

onion

•

1/4

cup

seeded,

diced

jalapeno

•

tablespoons

roasted

garlic

puree

(see

recipe

below)

•

cups

water

(V-8

juice

beef

stock) •

ounces

beer

(such

Lone

Star)

•

tablespoon

minced

chipotle

chiles

adobo

sauces,

plus

tablespoon

the

adobo

sauce

•

tablespoon

Hungarian

sweet

paprika

•

tablespoon

Spanish

(smoky)

paprika

•

tablespoons

chile

powder

•

2tablespoons

ground

cumin

•

tablespoon

ground

Mexican

oregano

•

teaspoons

kosher

salt

•

1/2

teaspoon

ground

ancho

chile

powder

•

1/4

teaspoon

ground

New

Mexi- can

chile

pepper

•

1/8

teaspoon

freshly

ground

black

pepper

•

1/8

teaspoon

freshly

ground

white

pepper

•

1/8

teaspoon

crushed

red

pepper

flakes

•

tablespoons

cocoa

powder •

Pico

Gallo

Salsa

(see

recipe

below)

Preparation Instructions Heat a large (7-quart) Dutch oven, preferably enameled cast iron, over high heat until very hot, at least 5 minutes. Add 3 tablespoons of the oil. When the oil is hot but not smoking add the beef stew meat and brown on all sides for 3 to 4 minutes, stirring frequently. Using a slotted spoon, transfer the meat to a large bowl and drain fat from the pan. Add 2 tablespoons of oil to the pan and brown the pork for 3 to 4 minutes. With a slotted spoon, transfer the pork to the bowl holding the beef; drain fat from the pan. Add the remaining 1 tablespoon of oil and brown the ground beef; this takes approximately 5 minutes. Transfer to the bowl holding the other

meat. Add the onion, jalapeno and garlic puree to the pan; saute for 5 minutes. Add all of the remaining ingredients. Bring to a boil over high heat and simmer uncovered, for 10 minutes. Cover, reduce heat to low, and simmer for 1 1/4 to 1 1/2 hours. Serve bowl of chili topped with a small portion of the salsa.

Helpful Hints Texas style chili usually contains lots of meat but no beans. If you like them, add drained and rinsed canned kidney, black, or pinto beans near the end of cooking. To reheat refrigerated chili, thin with a little stock or water. GARLIC PUREE 2-3 heads of garlic, cloves peeled Extra virgin olive oil

Heat oven to 300º. Place garlic in small ovenproof container and pour olive oil to cover the garlic. Cover container with aluminum foil and roast for about an hour, or until the garlic is soft and light golden brown. Place the garlic and 2 tablespoons of the garlic infused oil in a blender and puree to a smooth consistency, adding a bit more oil, if necessary. Pour into a small container and refrigerate until ready to use. Refrigerate the infused oil in a separate container for future use. PICO de GALLO 1 can Ro-tel with green chilies 1 can Ro-tel with lime juice and cilantro 1 14 ½ oz can diced tomatoes with jalapenos 3-4 tablespoons chopped red onion Juice of ½ lime 2 tablespoons minced, fresh cilantro

Mix all together and refrigerate at least one hour before using.

– Bonner McCollum

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$06/5: /&8 4 Pulitzer-worthy grant-writing pays off for Marion County Marion County saw unprecedented achievements in 2009, winning nearly $418,000 in grants even as it coped with the worst ice storm in memory and two subsequent floods. At the urging of newly elected County Judge James “Pete” Giles, the Quorum Court created the position of grants administrator and hired nationally award-winning journalist Sheila Daniel to fill it. Daniel previously was an editor at the International Herald Tribune in Paris, France, and her credits include three Pulitzer Prizes earned during 23 years at the Los Angeles Times. The county had never sought grants on a broad scale, having participated only in the Arkansas Department of Heritage’s courthouse restoration program, but the new effort soon brought results. The largest award to date, for $209,259, came from the U.S. Justice Department’s Rural Law Enforcement Assistance program. It fully funds two new sheriff’s deputies for two years as well as equipment. Other grants obtained for the sheriff were $47,427 for equipment and supplies from a

Justice Assistance Grant (JAG) administered by the state Department of Finance and Administration, $13,247 to go toward two patrol cruisers from the Justice Department’s JAG Local Solicitation program and $8,000 – also to be put toward the cruisers with matching funds from the county – from the U.S. Department of Agriculture’s Rural Development Program. The county Road Department has won $136,175 from the Arkansas Department of Environmental Quality in three grants: $99,418 from the Go RED! (Reduce Emissions From Diesels) program, $33,332 from the National Diesel Emissions Reduction Program and $3,425 from the ADEQ’s recycling program. The awards will provide two new dump trucks and engine upgrades on two graders and a wheel loader as well as improvements at the county waste transfer station. The Marion County Fair Association received $4,000 from the state Department of Rural Services. Applications are pending for four more grants totaling $186,220 that would allow the county to transform its fairgrounds community build-

ing into a post-disaster shelter that could accommodate pets as well as people, construct a commercial exhibit building at the fairgrounds, make improvements to the courthouse and develop a county-wide hazard mitigation plan. Meanwhile, the county is well on the way to full recovery from three federally declared disasters: an ice storm in February and floods in April and October. The cost of cleanup from the ice storm alone is estimated at $3.1 million. A total of $1.8 million has been received from the Federal Emergency Management Agency, with remaining aid to be disbursed from FEMA and the Arkansas Department of Emergency Management when final expenses are submitted in 2010. Unlike some other counties, Marion decided to have all the cleanup done by the county’s own road crews and local residents hired on a temporary basis. “We’re keeping every dime in the county,” Judge Giles said. He estimated that work is more than 90% complete and will be finished by February. “We knew all along that with about 1,700 miles of road to clear, it would take about a year,” he added.

Budgets, spending dominant in 2010

Madison County Judge Wes Fowler (right), a member of the Arkansas Blue Ribbon Committee on Highway Finance, listens to remarks by Sen. John Paul Capps (not pictured), the committee chairman, at their November meeting in the Arkansas Capitol. The Legislature created the 19-member committee a year ago to recommend a plan to generate adequate funding for the state’s highway needs, estimated at $19 billion. Their recommendations are to be presented to the 2011 General Assembly. Two subcommittees – New Revenue, and Revenue Transfer – planned to finish their work in December.

COUNTY LINES, WINTER 2009-2010

Budgets and spending are expected to be the dominant issues in state government in 2010. Some of the most important budget decisions legislators face in 2010 and in the next decade will aﬀect public colleges and universities. On February 8 the legislature will convene in its first session devoted entirely to fiscal issues. Lawmakers will approve budgets for fiscal year 2011, which begins on July 1, 2010. Also, the legislature will set the amounts of lottery scholarships, since that is a spending issue. Some legislative leaders think scholarships can be as much as $5,000 a year for students in four-year universities and $2,500 a year for students in two-year colleges. Until this year the legislature met every two years, but as a result of a constitutional amendment passed by voters in 2008 legislators now will meet yearly. The sessions in evennumbered years will be limited to budget and spending issues, although there is a way to file non-budget bills that requires an extraordinary majority. 19

$0 6/5: /&8 4 $100 million cutback translates to loss of turnback funds County Treasurers and County Judges got the bad news in late October on how a $100 million state budget cut would aﬀect them. They learned that General Revenue Turnback to the 75 counties of Arkansas would be decreased by a total of $394,831. The hit for most counties was in the $4,500 range, with the most populous counties taking a bigger hit: For instance Benton, $9,612; Faulkner, $7,124; Garland, $7,199; Jeﬀerson, $7,060; Saline, $7,032; Sebastian, $8,196.98; and Washington, $9,771.49.

Stimulus funds to help state map and expand broadband coverage Arkansas will get $2.1 million in federal stimulus dollars to map broadband access and to help expand broadband coverage in the state, Roby Brock reported in his Nov. 2 edition of Talk Business. Connect Arkansas was awarded roughly $1.6 million for broadband data collection and mapping activities over a two-year period, and almost $500,000 for broadband plan-

ning activities over a 5-year period for the state. Connect Arkansas, the designated entity for the state of Arkansas, is a private nonprofit organization based in that state and managed by Little Rock-based Arkansas Capital Corp.

Faulkner prosecutor, six legislators honored The Arkansas Prosecuting Attorneys Association recognized Faulkner County prosecutor Marcus Vaden and six state legislators at an awards ceremony. Prosecutor Marcus Vaden was presented with the first Sidney S. McMath Sword of Justice Award, recognizing him as the state’s outstanding prosecutor, said Bob McMahan, the state’s prosecutor coordinator. The award is named in honor of McMath, who served as governor from 1949 to 1953 and was a prosecutor in Hot Springs. The legislators each were recognized with the associations Advocate of Justice Award for working on legislation that was supported by prosecutors. They are Reps. Steve Harrelson, Davy Carter, Na-

than George, Bubba Powers, and John Paul Wells, and Sen. Steve Faris.

Non-profit foundation boosts Baxter Co. SO The Baxter County Sheriﬀ’s Oﬃce recently

groundbreaking ceremony was held at the future site for the Faulkner County Fairgrounds. The new site is located on 40 acres east of the Conway city limits off of East Oak Street. The land for the new fairgrounds was bought from the Hart family. They sold the land to the city at a

announced the formation of the Baxter County Sheriff’s Foundation, Inc. The foundation has been created as a non-profit corporation for the purpose of enabling the Sheriff’s Office to innovatively expand, enhance, and sustain its delivery of professional public safety services to the citizens of Baxter County. The foundation is a separate and distinct organization, and it is not part of the county government. The foundation will accomplish its purpose by providing financial support beyond the scope of the Sheriff’s Office’s normal operating budget in areas such as specialized equipment and technology, professional development of officers and staff, and scholarship opportunities for the Baxter County Sheriff’s Office employees and their children, in furtherance of the established mission statement of the Sheriff’s Office, according to Sheriff John Montgomery. The Baxter County Sheriff’s Foundation, Inc. has been incorporated in the State of Arkansas. It is governed by a nine member board and is applying for 501 (c3) non-profit status with the IRS. The foundation has already received a donation of $33,000 from the estate of Mr. Bob Griffith of Midway community. Mr. Griffith’s wish was to do something special and longlasting for the Baxter County Sheriff’s Office. He had received help from the Sheriff’s over the years and especially remembered the Office taking him to dialysis during a snow storm. His loved ones felt that providing the initial funding for the Baxter County Sheriff’ Foundation was an impactful way to honor his wish.

reduced rate with the understanding that it would be used as a fairgrounds. The 2010 Faulkner County Fair will be held at the new location. The existing fairgrounds will be converted into a baseball complex.

COUNTY LINES, WINTER 2009-2010

$0 6 /5: /&8 4 ATRAC (Apprentice Treasurers’ Automation Committee), a users’ group for county treasurers in Arkansas who use Apprentice Information Systems software, met in December. They re-elected their 2009 officers for another two-year term, with Judy Beth Hutcherson as president. Meeting at AAC facilities, they exchanged ideas – and Christmas gifts.

The Arkansas Treasurers Association met Oct. 22-23 at Eureka Springs for a six-hour training workshop, and business included selection of a new ACTA Executive Committee Committee members are: (front, from left, in first photo): Judy Beth Hutcherson, Clark County; Deanna Ratcliffe, Benton County; Kim Hunley, Van Buren County; standing: Becky Gattas, Phillips County; Roger Haney, Washington County; Jim Arnold, Searcy County; and Jo West Taylor, Garland County, President.

Mary Cansler (Hot Spring County) (photo 2) was the door prize winner – a nice framed Arkansas Traveler print. (Photo 3): The fun included a scavenger/treasure hunt for Arkansas Treasurers. This trio includes Judy Burnett (Prairie County); Jo West Taylor (Garland County); and Charlotte Davis (Logan County). Speakers at that event included Jeff Sikes, AAC, on county collateralization information; Darrel Wheeler, Legislative Audit, on Act 122 of 1981; and a business wrap-up with Q & A session.

U U U U U U U U U U U U U U U U U U U

27 counties earn disaster status due to holiday-period storms Gov. Mike Beebe on Jan. 4 declared 27 counties disaster areas due to severe storms and flooding that began December 23, 2009. Those counties are: Bradley, Calhoun, Clark, Clay, Cleburne, Cleveland, Craighead, Dallas, Drew, Faulkner, Grant, Greene, Hempstead,

Jackson, Lafayette, Lincoln, Lonoke, Miller, Monroe, Nevada, Ouachita, Poinsett, Prairie, Pulaski, Saline, White and Woodruﬀ. The Arkansas Department of Emergency Management has requested the Federal Emergency Management Agency to send assessment teams to the aﬀected counties to coordinate with ADEM in assessing infrastructure damage. The State of Arkansas will use those assessments to support any requests for federal aid made to President Obama.

COUNTY LINES, WINTER 2009-2010

Saline County ranks high CNN and Money magazine have named Saline County among the top 10 places to find work in the U.S. It looked at Money’s top 100 “Best Places to Live” and examined the lowest jobless rates among the rankings. Saline County, which ranked 10th on the list, has an unemployment rate of 5.7 percent. “You may not be able to buy a beer in this dry county, but you can likely get a job,” CNN/Money reported. 21

$06/ 5: /& 84 Baxter County lists warrants on website

White County Judge Michael Lincoln (left) jots notes during a meeting of the Executive Board of the County Judges Association of Arkansas at a recent meeting in Little Rock. Judge Lincoln serves as Secretary-Treasurer for the association. To his left is Greene County Judge Jesse Dollars, 2nd Vice-President; speaking is Mark Whitmore, chief counsel for the Association of Arkansas Counties, where the planning and business meeting was held. To Whitmore’s left is CJAA President Jimmy Hart, Conway County Judge. First Vice-President is Faulkner County Judge Preston Scroggin.

The Baxter County Sheriff’s Office integrated a new feature into its web site (www.baxtercountysheriff.com) in October – a current listing of all active warrants of arrest and body attachments (pick-up orders usually issued in child support cases) available for public viewing. The listing automatically updates every 10 minutes as new warrants are entered and warrants are served or otherwise returned to the courts, with no additional manpower needed or costs involved to accomplish this, according to Sheriff John Montgomery. The listing provides basic information about the warrant, including the complete name of the person, the charge, and the bond amount, all of which is public information. The Sheriff’s Office currently holds over 4,000 active felony and misdemeanor warrants, some of which date back as far as 1984. This situation is very common throughout the state, as people who are wanted move around frequently, change jobs, change names, and other reasons that make warrant service problematic in many instances.

Third round of grants awarded to Clerks/Recorders Thirteen Circuit Clerks and Recorders received an extra Christmas present in December, and it was not a lump of coal. They received money for updated technology. Those 13 Recorders received a total of $266,982.67 in Automated Records Systems Fund Grants. Since the inception of the program in late 2007 nearly three-quarters of a million dollars has been awarded to County Recorders around the state. The money is to be used to facilitate movement toward e-recording and other types of automated record keeping in the offices of the County Recorders. Act 615 of 2007 increased recording fees substantially in order to help modernize the operations of the Circuit Clerk / Recorders. Since large counties raise much more money in recording fees than smaller counties – there is a special feature in the law to help the smaller counties through grants. The nine largest populated counties in Arkansas – Benton, Craighead, Faulkner, Garland, Jefferson, Saline, Sebastian, Washington and Pulaski – contribute $1 to the Grant Fund for each document recorded in the office of the County Recorder. The Automated Records System Fund is maintained by the Association of Arkansas 22

Counties and the County Recorders of the nine largest counties serve as the Automated Records Systems Fund Committee. They establish the grant guidelines and review grant applications submitted by Circuit Clerk / Recorders from the other 66 counties. The grants were awarded to: t "SLBOTBT $PVOUZ o 4BSBI .FSDIBOU $JSDVJU Clerk/Recorder - $25,000 for a land management records system and a redaction program t #SBEMFZ $PVOUZ o %POB 4NJUI $JSDVJU Clerk/Recorder - $56,830 for an automated land records management system t $MFWFMBOE $PVOUZ o 4IBSPO (SBZ $JSDVJU Clerk/Recorder - $16,839 for scanning deed and mortgage books t $SPTT $PVOUZ o 3IPOEB 4VMMJWBO $JSDVJU Clerk/Recorder - $30,000 for scanning and indexing deed and mortgage books t %BMMBT $PVOUZ o 4VTJF 8JMMJBNT $JSDVJU Clerk/Recorder - $13,455 for computers, a server and a back-up system t 'VMUPO $PVOUZ o 7JDLJF #JTIPQ $JSDVJU Clerk/Recorder - $6,312 for two computers, printers, software and installation t -BGBZFUUF $PVOUZ o .BSZ +P 3PHFST $JSDVJU

Clerk/Recorder - $26,719 for digitizing 546 rolls of microfilm t .POSPF $PVOUZ o "MJDF 4NJUI $JSDVJU Clerk/Recorder - $5,750 for a scanner t .POUHPNFSZ $PVOUZ o %FCCJF #BYUFS $JScuit Clerk/Recorder - $7,469 for scanning old records t /FXUPO $PVOUZ o %POOJF %BWJT $JSDVJU Clerk/Recorder - $21,045 for scanning old deed and mortgage books t 1FSSZ $PVOUZ o #BSCBSB -PWFMM $JSDVJU $MFSL Recorder - $5,543.99 for scanning index books t 1IJMMJQT $PVOUZ o -ZOO 4UJMMXFMM $JSDVJU Clerk/Recorder - $25,000 for conversion of 1980 through 1997 land records t 6OJPO $PVOUZ o $IFSZM 8JMTPO $JSDVJU Clerk/Recorder - $27,019.68 for digitizing microfilm records Converting to newer technology is expensive – but this grant program is helping many counties make the conversion sooner than they otherwise would. Horace Greeley said, “Common sense is very uncommon”. But, there is no doubt that this legislation and subsequent grant program is a very good common sense idea that is moving smaller counties forward technologically.

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$0 6/5: /&8 4 Gates Grant to help libraries speed up Internet access A $735,207 grant from the Bill and Melinda Gates Foundation will help about 20 percent of Arkansas’ public libraries upgrade their Internet access. About 50 of the state’s 230 public libraries have Internet bandwidth slower than 1.5 megabits per second - the minimum connectivity speed recommended by the Gates Foundation for libraries. Nationally, 60 percent of libraries say their Internet speed is insuﬃcient, according to the foundation. Altogether, $3.4 million in grant money is going to Arkansas, Kansas, Massachusetts, New York and Virginia. Virginia’s $977,468 grant was the largest grant, while Arkansas’ gift ranked third. Arkansas was a beneficiary, in part, because of need, said Jill Nishi, deputy director of the foundation’s U.S. libraries program. A 2008 report by the Washington-based Information Technology and Innovation Foundation ranked Arkansas 49th in the country in broadband telecommunications. “Public libraries are an important source of access to the Internet and technology for many

people who can’t aﬀord it, or because it’s not available where they live,” Nishi said. “So the public library really becomes an important point of access for people to access online educational, economic and social opportunities.” The Arkansas libraries receiving money are mostly in small, rural towns, said Debbie Hall, grants and special projects manager for the State Library. The State Library drafted the state’s Gates Foundation application. The grant money, which should be available around February, will cover half the cost of upgrading each library’s Internet service to the minimum 1.5 megabits per second threshold, Hall said. After two years, the libraries must cover the cost of the upgrade themselves. A portion of the grant money will also pay for state employees to train rural librarians on how to improve computer service for their patrons. “These small libraries are usually staﬀed by somebody who does not have the technology knowledge needed to sometimes make sure the computers are in working condition,” Hall said. “If something happens, they aren’t sure what to do.”

Randolph County officials have mixed emotions about relocating offices Change is good, however, out with the old and in with the new can often be bittersweet. “Emotionally it was very hard to move,” Randolph County Clerk Janis Mock said concerning her office’s move to the former Bank of Pocahontas building at the corner of Broadway and Marr. “It was hard to leave the courthouse and the people we worked with. I know we’re just across the street – but it’s really different.” The county clerk’s office, along with the county treasurer’s office, was closed Oct. 1-2 in order to move office furnishings along with over 170 years of records. “It’s a big switch,” Mock said. “There were records that have been housed in the courthouse since 1836 that had to be moved.” Mock had nothing but praise for the county’s maintenance staff and county inmates who had the offices’ furnishings and records, most of which was moved by the first day. Carolyn Towell, Deputy at Large, has the longest tenure of the office, having been an employee at the Randolph County Courthouse

since 1975. Mock, along with Bobbie Lane, deputy clerk, came on board in 1979. “I’ve been at that courthouse for 30 years,” Mock said. “This has been really hard. I popped over yesterday and it was so quiet. I couldn’t help thinking, ‘were we that noisy?’” Mock said although she missed her former home, the larger office did have its perks that included a nice basement area for each of the county offices to store items, along with a larger office complete with a view of historic downtown Pocahontas. In addition to the county clerk and county treasurer, the Veteran’s Office and Office of Emergency Management have also been moved into the new courthouse annex building. The Randolph County Judge’s offices will move into the courthouse in the vacated county clerk’s office while the treasurer’s office will be utilized by the circuit clerk’s office.

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– By Susan Thielemier Pocahontas Star Herald

Nearly 40 percent of Americans - often from low-income families - don’t have high-speed Internet access at home, according to the foundation. And in 70 percent of communities, the public library is the only provider of free Internet service, the foundation said. State Library Director Carolyn Ashcraft said patrons are turning to library computers in increasing numbers. They use these public computers to register for unemployment, apply for jobs, register to vote, earn a GED, take college courses and visit social networking sites, among other things. “If you don’t have a computer at home, or you can’t afford the cost of Internet, you need to go to something available to you as a member of the public,” Ashcraft said. “The libraries tend to be where people turn.” The Pine Bluff/Jefferson County Library System is among the Arkansas libraries getting the grant money to help increase Internet bandwidth. Director Dave Burdick said only the main library in Pine Bluff has adequate Internet speed.

– By John Krupa

Rep. Maxwell floats lignite mining idea Rep. Allen Maxwell is floating the idea of lignite coal strip mining in south Arkansas. The Joint Committee on Energy and the House Committee on Agriculture, Forestry and Economic Development, in a November meeting at the Association of Arkansas Counties facilities, heard presentations on what would be involved in the mining, along with some possible economic developments that would accompany it. Such mining would be an economic boon for Arkansas, according to Rep. Maxwell of Monticello. He acknowledged, however, that the idea does not have the support of the Governor’s Office, due to environmental concerns. Arkansas’s soil contains an estimated 9 billion tons of lignite at depths of less than 150 feet, mostly in southwest Arkansas, according to the Arkansas Geological Survey.

$P VO UZ ( PWFSONFOU '"2 We answer some of your Frequently Asked Questions!

Who shall serve as secretary, attorney for the quorum court? QUESTION: Who shall serve as the secretariat for the county quorum court? ANSWER: The secretariat – more commonly known as secretary – of the county quorum court shall be the clerk of the county court of each county unless otherwise provided by county ordinance. A quorum court, by ordinance, may provide for the establishment of minimum qualifications and an appropriation for employment of a secretary of the court. The employee so designated shall be a staff member of the county clerk or the county judge as may be specified by the ordinance. Where separate position of secretary is created by ordinance, all legislative duties prescribed herein for a county clerk shall thereafter become the duties of the secretary. Unless otherwise provided for by county ordinance, the clerk or the deputy clerk shall attend all regular and special meetings of the court; perform all administrative and record-keeping duties; and perform all other duties as may be required by the quorum court through county ordinance. A quorum court may authorize and provide through ordinance, for the employment of any additional staff or the purchase of technical services in support of legislative affairs (ACA 14-14-902). QUESTION: Who shall serve as the legal counsel for the county quorum court? ANSWER: The prosecuting attorney or his/her deputy serving each county shall serve as legal counsel of the quorum court unless otherwise provided by county ordinance. A quorum court may, by ordinance, provide for the appropriation of county funds for the employment of legal counsel to serve the court. (ACA 14-14-902) QUESTION: What are the duties of the legal counsel for the county quorum court? ANSWER: The legal counsel of a quorum court shall attend all regular and special meet24

ings of the court; perform all duties prescribed specifically by law; and perform all other duties as may be required by the quorum court. (ACA 14-14-902) QUESTION: What are the duties of the county civil attorney? ANSWER: A county civil attorney or county attorney may be selected pursuant to ordinance of the quorum court for each county in the state. The county attorney shall commence and prosecute or defend all civil actions in which his county is concerned. The county attorney shall give his or her opinion, without fee or reward, to any township or county official on any question of civil law concerning the county which is pending before the official. All civil duties provided by the laws of the State of Arkansas or the ordinances of the several counties to be performed by the elected prosecuting attorney shall be performed by the county attorney in those counties which have established the office of civil attorney. The office of county attorney shall be funded pursuant to appropriation ordinance of the quorum court of the county. (ACA 16-21-114) QUESTION: Are the minutes of the proceedings of the county quorum court to be recorded? ANSWER: The quorum court of each county shall provide for the keeping of written minutes which include the final vote on each ordinance or resolution indicating the vote of each individual member on the question. (ACA 14-14-903) QUESTION: How shall the various ordinances and resolutions adopted by the county quorum court be maintained? ANSWER: There shall be maintained by each quorum court a county ordinance and resolution register for all ordinances, resolu-

DAVID MORRIS AAC Assistant to the Director

tions, and amendments to each, adopted and approved by the court. Entries in this register shall be sequentially numbered in the order adopted and approved and shall be further designated by the year of adoption and approval. A separate sequential numbering system shall be maintained for both ordinances and resolutions. The register number shall be the official reference number designating an enactment. The register shall be maintained as a permanent record of the court and shall contain, in addition to the sequential register number, the following items of information: an index number which shall be the originating legislative agenda number of the enactment; the comprehensive title of the enactment; the type of ordinance or amendment (general, emergency, appropriation, initiative, or referendum, etc.). Entries in the register shall also include the date adopted by the quorum court; the date approved by the county judge, date of veto override, or date enacted by the electors; the effective date of the enactment; the expiration date of the enactment; and a recording index number designating the location of the enactments. The county shall maintain a permanent record of all ordinances and resolutions in which each enactment is entered in full after passage and approval, except when a code or budget is adopted by reference. When a code or budget is adopted by reference, the date and source of the code shall be entered. The permanent record shall be so indexed to provide for efficient identification, location, and retrieval of all ordinances and resolutions by subject, register number, and date enacted. The permanent record indexing may be by book and page. At five-year intervals, all county ordinances enacted in each county shall be complied into a uniform code and published. (ACA 14-14-903)

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$BMF OEBS PG &WFOUT January 18, 2010 Martin Luther King, Jr. Holiday AAC Offices Closed January 25-27, 2010 County Sheriffs Association Winter Convention Wyndham Inn North Little Rock/Pulaski County February 8, 2010 Legislative Fiscal Session Begins (Convenes for 30 days) February 8-9, 2010 County Clerks Continuing Education Meeting Embassy Suites Little Rock/Pulaski County February 10, 2010 AAC Board of Directors meeting James H. Baker Conference Room AAC Offices (10 a.m.) Little Rock/Pulaski County February 15, 2010 Presidents Day AAC Offices Closed February 17-19, 2010 County Treasurers Continuing Education Meeting Courtyard Marriott Little Rock/Pulaski County February 24-26, 2010 Circuit Clerks Continuing Education Meeting

Embassy Suites Little Rock/Pulaski County

County Assessors Association Mount Magazine / Logan County

February 24-26, 2010 County Judges Association Winter Meeting Wyndham Inn North Little Rock/Pulaski County

March 20, 2010 Quorum Courts 75 Member Governing Body Meeting AAC Building Little Rock/Pulaski County

February 25, 2010 County Assessors Legislative Luncheon AAC Building Little Rock/Pulaski County

March 24, 2010 Legislative Fiscal Session Ends 45th Day – No extension option available

March 1, 2010 (12:00 Noon) Filing Period Opens for Preferential Primary Candidates

April 6-7, 2010 County Collectors Continuing Education Meeting Winrock Petit Jean/Conway County

March 4-5, 2010 Coroners Association Training Meeting Arkansas State Crime Lab Little Rock/Pulaski County March 6-10, 2010 National Association of Counties Legislative Conference Marriot Wardman Park Hotel Washington, D.C. March 8, 2010 (12:00 Noon) Filing Period Closes for Preferential Primary Candidates March 9, 2010 Legislative Fiscal Session Ends (30th day of session – takes 2/3 vote to extend for up to 15 additional days) March 18-19, 2010

May 18, 2010 Preferential Primary and Nonpartisan Judicial General Election May 25-27, 2010 Arkansas Rural Development Conference Best Western Inn of the Ozarks Eureka Springs/Carroll County May 31, 2010 Memorial Day (AAC Offices Closed) – Compiled by David Morris AAC Assistant to the Director Calendar activities are also posted on our website: www.arcounties.org

POLITICAL AD DISCLAIMER

eaders will notice something new in this edition of County Lines – advertising messages for some important statewide races. We’re excited to add this feature as a public service to our readers. We recognize that advertising of a political nature is a delicate subject, but it is also true that we all operate in a political environment, whether at the district, county, or state level. So after carefully considering several requests, we agreed that it would be helpful to the overall process to allow candidates to put their messages before some of the most influential voters in the state – the elected oﬃcials (who happen to be the readers of County Lines magazine!) The stipulations: The messages must be fair and in good taste and only for statewide races.

We emphasize that any such advertising is not an endorsement by the Association of Arkansas Counties. Advertising space is offered to all candidates in a given statewide race on an equal basis, including rates, deadlines, placement etc. Since the official filing period had not yet opened for candidates as this edition of the magazine was being produced, we had to rely on “unofficial” sources for names -- limited by those who had announced their intentions to run, or consider running. Information packets were sent to as many of these intended candidates as we could acquire names and addresses for. If you have a favorite candidate for a statewide race, you may even want to encourage him or her to contact the editorial staff about

COUNTY LINES, WINTER 2009-2010

advertising in future issues of County Lines. We will happily answer questions and supply the particulars, including specifications for the finished ad to be supplied to us for placement. ’Tis election season – best wishes to each of you whose names will soon be on a ballot. Remember, perceptions are important – and you can’t have too much clear communication, whether in person or via your advertising message... – Randy M. Kemp County Lines Editor

4 UB G G 1SPGJMF

Brenda Emerson: Calm amidst work’s daily storms By Randy M. Kemp County Lines Editor

er office or agency. Even though it might be something odd, I try to figure out who they should call, at least to give them a starting point. Even if I don’t know the caller and they are not in county government, I want them to hang up with a good impression of AAC. “I was blessed at my two previous jobs with professional bosses and nice co-workers. It has been just as special since I came to work for AAC.” Her first four years were under then-Executive Director Brenda Pruitt, who retired. Eddie Jones, who previously served 26 years as Randolph County Treasurer, has been at the helm of AAC for the past three years. “Brenda was an excellent person to work for and with; it was a little scary when she retired, because we thought, who can fill her spot? She had little feet, but she left big shoes to fill. Eddie followed right in her footsteps – he’s a fair, hard-working, understanding boss who upholds the integrity of AAC.”

he job title Receptionist / Coordinator of Special Projects doesn’t do justice to all that Brenda “Emmy” Emerson does at AAC. Let’s just say that without her calm demeanor and organizational skills, the rest of the staff would daily be pulling out their hair. She’s simply unflappable. She is the first line of defense on answering the phone, which some days jangles nonstop. Emmy’s face may not be as familiar to county and state officials as is her low, calm voice, which never fails to reassure the caller that their call is being handled by someone competent and attentive. But she doesn’t just sit at the desk reading a novel, waiting for the phone to ring. There’s an in-box of typing, doing mail-outs, getting bids and placing orders, overseeing contract work, convention and meeting planning, and on and on. It falls on her to see that “a whole lot of niche things get done,” she said. In addition to her own projects, she assists Jeanne Hunt with convention planning and meeting registration; helps David Morris with registration and preparation for three County Judges Association meetings a year, and assists other staffers as time permits. But to Emmy – so named because there were already two other Brendas working at AAC when she joined the staff seven years ago – all these organizational skills are just par for the course. Prior to AAC, she worked at a bank for six years, then was with the Federation of American Hospitals for 26 years. She started there as receptionist, but took on lots of other responsibilities over the years, including meeting planner and circulation director for their 50,000-copy magazine. When she planned a convention for the Federation, it meant preparing for around 2,500 people and 150 vendors. “I loved the meeting planning aspect, because I got to travel to a lot of nice places during that time,” she recalls. 26

Then came the “D” word that no employee wants to hear: The company was downsizing the staff. “Even though it was scary, God was in control then – even if I didn’t know that at the time. I was blessed to come to work for the Association of Arkansas Counties,” she said. She said she has enjoyed working with county and district officials and staffs (“These are good, down-to-earth, hard-working people”), and learning more about the complex interplay of county and state government. “I knew very little about county government, so it has been interesting to learn over the seven years I’ve been here, and to get an inside view of the roles of county elected officials and how they contribute to the smoother running of our government in everyday life; and how they work with the state in ways that benefit us all on a daily basis. That’s been educational, and an eye-opener!” Emmy was a good receptionist from the start because of her professionalism, but she quickly sensed another dimension to this work in the world of government: Politics. She is patient and a careful listener with every phone call, even the misdirected calls that she often fields. “Sometimes we get calls from people that really ought to be going to anoth-

...personal notes... Although her mom was one of 10 children and her dad one of eight, Emmy is an only child. Likewise her daughter, Tammy, has a daughter, Bailey; all live in Little Rock / North Little Rock. She dotes on her 20-yearold granddaughter – “the only child of an only child of an only child” – and smiles when she notes, “She uses my house as home base,” obviously pleased at that relationship. She is fond of gardening, and over the years has converted her yard pretty much to flower beds. “I’ve about run out of places to plant things!” Among her flowers are eight rose bushes – “high maintenance, but I like to have something blooming as near year-round as possible.” Emmy also likes cooking, and is quite good at it, as the AAC staff can attest. She often brings in baked goodies; and from time to time she arrives early with all the fixin’s and cooks a full breakfast for an appreciative staff. She claims to have no culinary specialty, though – “I’m more a Paula Deen kind of cook, rather than an Emeril.”

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' & "5 63& 130' *-&

“M

y vision is to improve education, and therefore improve our opportunities for economic development and our understanding that there is not just a ‘one-size-ﬁts-all’ deal here – we need every level: High-tech, engineers, PhDs, chemists, researchers… but we also need technicians, manufacturing skills, CAT operators, and everything in between, because I’m not ready to cede to Mexico or China or anywhere else, American manufacturing.”

Arkansas’s Governor relentless in push for education, job opportunities

What Drives Mike Beebe? By Randy M. Kemp County Lines Editor

overnor Mike Beebe doesn't live in an ivory tower. The state's too small, the politics too intense, and besides, he's just not an ivory tower kind of guy. Throughout his storied political career, he has been quick to credit the lessons and character instilled by his mother as they scraped by – poor but honorably – in rural Amagon. It's been a long time since the 20-year senator and former attorney general had to ration nickels and dimes, but the man who is widely considered a shoo-in for a second term as governor on the Democratic ticket in November has never forgotten his roots. What drives Gov. Mike Beebe? Political victories? Sure, to an extent. But he's already got a long resume of political success. Listen to what he's been saying over a period of years, and compare that to his actions, and it starts to become clear Mike Beebe is the “real deal” – he truly cares about elevating our state and our people. He's confident in the formula to do it, and he has the political clout to turn a lot of his ideas into reality. ..............

Gov. Beebe recently sat down to answer some of our questions on his outlook for the state's future; his responses follow... 28

You have stated in campaigning: “Arkansas must not rely on short-term fixes to build Arkansas’ communities. Rather, we must develop a pipeline of entrepreneurs, new industries, and skilled workers necessary to implement a long-term vision of what the Arkansas economy can be.” How do you think we in Arkansas stack up as having a longterm vision for economic development and community betterment? How are we doing at pursuing that vision, if in fact we have one?

“W

e do have one!” he says with a laugh. “The cornerstones of what my vision is all about are to improve and understand the link between education and economic development. Any long-term vision has to include long-term improvements in education. And when I’m talking about education I’m not just talking k-12, though that certainly is the constitutional cornerstone. I’m talking about pre-k, k-12, workforce training and retraining, 2-year colleges, 4-year colleges, research universities, adult ed… the entire gamut. “The reason all that is so important is in order to improve education, you have to have longterm systemic vision; and then a short-term, acute response if you will, in those areas of improvement.” Long-term: “Certified, qualified pre-k for atrisk kids which elevates the long-term pipeline

product that always builds on itself and helps not only those kids but the other kids, because the entire process – and progress –is accelerated, is cumulatively built upon from grade to grade.” Short-term: “After-school programs, summer programs, individual tutorial programs, the additional money we are putting in for additional aid and assistance for those already in the pipeline, so that you don’t just abandon a whole generation who didn’t have the opportunity to start at a more competitive level. We’re talking about 2-year colleges not only providing the affordable, accessible education that’s been the primary role of 2-year colleges, but in addition to that, being responsive to the business and industry within their geographic catchment area, so that they have an additional mission that is just as important as their traditional one – of affordable, accessible, higher education. Because in today’s world, to be competitive, you not only have to provide that traditional role, you have to provide the job training and retraining and job curriculum response that somebody may need to be successful.” For example, UA at Morrilton has established a petroleum technology degree that didn’t exist prior to the Fayetteville Shale boom. “And not just a degree, but two other levels of technology training, so they can fit in different arenas the kind of training necessary for a workforce in an industry in their catchment area that didn’t exist in Arkansas three or four years ago.

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'&"563 & 130' *-& facebook About Me: Governor Mike Beebe has dedicated more than two decades of his life to serving the people of Arkansas. From state senator to attorney general and now governor, he has remained focused on fiscal responsibility, education and economic development. Mike Beebe believes in Arkansas and that – working together – we can build a more prosperous future for ourselves, our children and generations to come.

Gov. Beebe greets Jackson County Judge Kerry Tharp at a Hwy. 67 extension project groundbreaking. (Kirk Jordan photo)

“ASU-Searcy has provided a specific program for drilling and drilling technology and related work; that too is providing a response to meet the needs of that industry. And then you’ve got the 4-year schools and all the development going on in the research universities. We have been able to start up and spin oﬀ new companies that are based on the research done in our nano-technology curriculum. And bio-sciences is another example, such as developing cellulosic motor fuels.

“M

y vision is to improve education, and therefore improve our opportunities for economic development and our understanding that there is not just a ‘one-size-fits-all’ deal here – we need every level: High-tech, engineers, PhDs, chemists, researchers… but we also need technicians, manufacturing skills, CAT operators, and everything in between, because I’m not ready to cede to Mexico or China or anywhere else, American manufacturing. “In Arkansas even though we lost 26,000-27,000 jobs in this terrible recession, we’ve created 23,000 jobs. Imagine where we’d be without having done that! And for the most part, the ones created are higherpaying than the jobs we’ve lost. So, all that ‘vision’ if you will is a recognition of the relationship that is so intertwined between education and economic development. It doesn’t do you any good to improve your education if you don’t have jobs for them, because then they’re just going to go somewhere else and you’ve spent all your money educating them and not getting any benefit from it. “As for manufacturing, if you don’t have them educated, you can’t attract and retain those good jobs. So, we don’t work on one without working virtually simultaneously on the other, and from those two things all others will follow. If you get those two things right, then we can improve health care; we can improve criminal justice; we can improve quality of life. “Education is non-negotiable. People get tired of me talking about it, but I’m not ever gonna quit. “Another part of the ‘bigger picture’ – last fall (2008)we had the Work Summit that brought the leaders from the 75 counties together, and we tried to make them understand the tie between education and economic development, and the need for them to do a self-assessment, to see where their strengths are, and where the weaknesses are locally, and then put together a strategic plan. We also encouraged them to think regionally: counties and cities working together, and sometimes several counties

As he said on the day he first announced his candidacy for governor, “You can’t come up the way I did and not believe that anything is possible.” Mike was raised by a single mother who raised her son on a waitress’s tips. She taught him the value of hard work and the importance of a strong education. As Governor, Mike made these values the cornerstone of his administration. Understanding that education and job growth are inseparable, Governor Beebe led record improvements in Arkansas’s education system. Arkansas ranked in the top ten in the nation in education policies and student achievement. The annual report, Quality Counts, by the national journal Education Week ranked the 50 states and the District of Columbia. Under his leadership, roughly 22,000 new jobs have been announced, even in the midst of a national economic downturn. In 2008, Arkansas ranked 46th among states for personal income, the highest in the 50 years the federal government has kept those statistics. As Governor, Mike Beebe led the largest tax relief in state history, by cutting the state sales tax on groceries by over half and reducing property taxes by increasing the Homestead Property Tax Credit. Governor Beebe was born in Amagon (Jackson County), in 1946. He earned a Bachelor of Arts degree in political science from Arkansas State University in 1968 and a law degree from the University of Arkansas at Fayetteville in 1972, all the while serving his country in the U.S. Army Reserves. Elected to the Arkansas Senate in 1982, Mike Beebe worked for 20 years reaching across party lines to solve problems facing hardworking Arkansans. He was elected the 51st Attorney General for Arkansas, serving as the state’s chief law-enforcement officer. In a career that demonstrates a commitment to good government, Mike Beebe repeatedly stresses integrity and accountability. The Governor and his wife, Ginger, have three adult children. He is a member of Trinity Episcopal Church in Searcy, where he has served as senior warden and member of the vestry. Birthday: Dec. 28, 1946 Hometown: Amagon, Arkansas Religious Views: Episcopalian Website: www.MikeBeebe.com Grad School: University of Arkansas 1972 (JD, Law) College: Arkansas State 1968 – Political Science High School: Newport High School, Newport AR 1964

... Continues next page

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' & "5 63& 130' *-& >>> working together. Some places are doing a better job of this than others. We’ve been to around 30-some-odd sites in the last year, trying to encourage this. “I’ll fight the other 49 states and every country on the globe to try to bring jobs to Arkansas and to compete with our sister states… to get them here, and to keep them here. What I will not do, though, and they cannot expect me to do, is to pick one county over another. So if we can get (a prospect) to look at Arkansas, what separates them inevitably is what the local folks have done to put their best foot forward. So if there is competition between Faulkner County and Pope County, say, I’m going to oﬀer my support on an equal basis to all those folks. What separates who wins and who loses in those cases of friendly competition is what the local folks are able to do to impress those fact-collectors.” During the current tough economic times in our country – how does Arkansas’s state budget situation and unemployment rate stack up against other states? What does the economic picture look like for Arkansas over the next 12 to 24 months?

“W

e’re stacking up against the other states pretty well. That’s no consolation to the guy that just lost his job, but we do have a lot to be thankful for. Compared to a lot of other states, we’re doing extremely well. We haven’t had to fire teachers; we haven’t had to close schools or raise taxes to cover huge deficits; we’re not talking about selling our state capitol just to raise money like another state is doing; we’re not talking about increasing by 35-40 percent fees to go to college like California is. We’re not talking about huge deficits, so Arkansas has really weathered this storm much better than all of our sister states. That doesn’t mean we don’t have people suﬀering – our state is suﬀering… We’ve had to cut our budget, just like every other state in this country has. I guess the ray of sunshine is we could be a lot worse – all you have to do is look at virtually every other state. “I think we’ll come out of this recession poised to do even better. We’ve already made some huge strides. For example we’re now 10th in the nation in education policy, as rated by the overall education ratings services. We for the first time have over 60 percent of our students at 30

Gov. Beebe visits with a group of county officials at a reception sponsored by the AAC at the Governor's Mansion in fall 2008.

proficient or better at all grade levels. “We have been cited as the No. 1 state in the country with proliferation of advanced placement scores and advanced placement courses in our schools. As I’ve said, we’ve created 23,000 new jobs in the midst of the worst recession that anybody can remember. We have not had to use stimulus money just to keep programs alive. We’ve been able to use stimulus money for capital needs. So what are these other states gonna do when this ends and there’s no more stimulus money, and they’re still going to have to come up with money just to keep things going? We won’t have to do that.” What are your budget priorities for the FY 2011 budget (July 2010-June 2011)?

“E

ducation will always be the No. 1 priority. It is constitutionally and legally mandated, and it also is consistent with my vision. But as I said, we will always try to make sure we do those things that help our economic development situation, because when you get the two done correctly, all the other things will follow and will flow. There will always be other specific issues; there will always be things to respond to.” Our sense of identity as a people has evolved substantially, especially from the administration of Gov. Winthrop Rockefeller on. As a state, do you think we know “what we want to be when we grow up?” Have we completely shed the “hillbilly” persona that plagued Arkansas for so long, or does that still hold us back?

“W

e’re changing that. I told a group of youngsters at Boys State, I don’t want to hear them say, ‘Thank God for Mississippi.’ Let Alabama or Louisiana say that. We’re past that stage. When people come here, if they had that hillbilly image in mind, that’s quickly changed. They see an industrious, hard-working, bright, intelligent people that has a lot of pride in their heritage and their state. We’ve gotten to be much more diverse. In many places we’ve grown to be more cosmopolitan, too – to the chagrin of some people,” he adds with a laugh. “I think we’ve escaped, in most people’s minds, the idea that we are at or near the bottom, and all we can do is say ‘Thank God for Mississippi.’ You know, last year we passed even Utah in per capita income, and this year we climbed another notch, past Kentucky. Those are probably the hardest statistics in the world to change, and we keep climbing that ladder. We’ve gone from 50th to 44th down to 40th in overall ranking for health. Now 40th is not good, but it’s a whole lot better than 50th. And look at the entrepreneurs that have come out of Arkansas! There’s something in the water; it’s pretty amazing. “So, there is no reason for anybody to have an inferiority complex anymore; no reason to wonder if we battling Mississippi or whatever. I’m irritated that Connecticut has a higher per capita income than we do – and more and more people are looking at it that way.” “What do we want to be when we grow up?” the governor repeats with a laugh. “I don’t think you can buttonhole us. And I think we limit us when we buttonhole ourselves. I don’t mind regions having certain areas of expertise, but I

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'&"563 & 130' *-& don’t think we as a state can say ‘we’re just manufacturing’ or ‘we’re just high-tech’ or ‘we’re just agricultural’. I want to be all those things and then some. “What I want our state to be when we ‘grow up,’ as you put it, is to have quality of life and a quality of place that causes other folks to say, ‘Whatever they’re doing in Arkansas, we need to start doing, because they’ve got a great quality of life and a great quality of place.’ After all, that’s what it’s really all about – creating a quality of life for your people so they can enjoy their share of the American dream; so they can raise a family, and enjoy the fruits of their labor; so they can live in a society and a place that is positive, and healthy, and progressive. All the things we wish for our children, I wish for all of our people.” You are an attorney by trade, but you have been in public service for many consecutive years – 20 as a State Senator, four as Attorney General, and finishing up your first 4-year term as Governor. What made you want to be a leader in the public sector? And after all those years – what do you find that still really motivates you; what are you passionate about in your leadership role?

“J

ust what I’ve said all along: I like this job, and when I’m done I’m probably gonna go home.”

Since counties are a political subdivision of the state, “created for the convenient administration of justice”, are you committed to protecting “general county aid” or “county turnback” as it is most commonly referred to, to assist counties in providing that state mandate?

“W

ell, yeah, I’m always committed to it – to the extent that we can aﬀord it! I’ll remind you that I was the guy that increased county aid, and municipal aid, in my first budget when it hadn’t been increased in 20 some-odd years. I have a track record of understanding the importance of our political subdivisions, and the diﬃcult time they have.”

at ‘Is there a better way to punish some of these people, that will save these beds for violent folks who’ll hurt you. That’s a long-term solution we’re trying to ferret out some options on. “As far as short-term is concerned, there are some that have really stepped up. I’ve got to really brag on Scott County. They’ve built a state of the art jail, 70 some-odd beds, and they are not going to need nearly that many. They are going to be able to take, then receive income from, other counties or the state to house prisoners. And there is such apparent disparity – I don’t know how some of the folks can do it and others don’t, but from reading the paper, Pulaski County sends some of their prisoners to Faulkner County, and Faulkner County charges them $30 a day. And you know that Faulkner County is not doing that and losing money. So Faulkner County is able to do it and make money at $30, but in Pulaski County apparently it’s $58. “But – that having been said – we want to get

“E

verything! This is a great job. You can aﬀect people’s lives in a positive way from this desk about as much as any place you can imagine. It’s something different every day, but it’s all about trying to make things better for our people. It’s funny how when people elect you to be governor, it creates a huge obligation on my part to try to fulfill that trust and that confidence. Part of that obligation is, every single day, with every decision I make, I think about whether that is improving their lives. There is no other reason to sit here really; there is no other reason to be a governor. That’s what it’s all about. “So, what keeps me going? The variety of things that occur, and the way they are all woven into one theme – and that is, to make their lives better. And you fail some. You can’t make every person’s life better, and sometimes things you do to make some people’s lives better, other people think ‘that’s not good!’ But as long as that is your motivation, more people than not will understand.” Assuming another term as governor, can you speculate on what plans might follow?

The governor addresses the Arkansas Sheriff's Association in January 2009 at the Wyndham Hotel.

With the overcrowding of state prisons and of county jails, caused in part by the backup of state prisoners, and the burgeoning budgets caused by the increased incarceration rate – do you have any suggestions for short-term and long-term solutions to this state and local problem?

“W

e’ve put together a group of folks from a variety of disciplines – county law enforcement, prosecutors, deputy prosecutors, defenders, judges, members of our staﬀ – to try to look

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as many state prisoners out of the county jails as quickly as we can, and because Pulaski County has a diﬀerent situation, we’ve tried to get them out of there faster, because a lot of people end up coming back to Pulaski County.” So, what drives Mike Beebe as he attempts to steer our state as Governor? He may have put his own finger on it in saying: "All the things we wish for our children, I wish for all of our people.”

"( 0QJOJPOT ...Collectors & Coroners Compendium... Homestead credit, exemptions, conflict of interest, and more MARK WHITMORE AAC Chief Counsel

Collectors and Sheriff-Collectors LIENS, PRIORITIES, PAYMENTS AG Opinion No. 2003-177

Says that the Collector is not authorized to accept partial payments for delinquent taxes. {See also AG Opinions Numbers: 90-040; 90-040A; 94-143; and 96-006.} Ark. Code 26-35-501 allows for acceptance of partial payments or installment payments in respect to current taxes. The AG also opined that there is no statute of limitations on the collection of real or personal property taxes; and that Ark. Code 26-36-209 says the Collector may collect personal property taxes “at any time”. The recourse for collection of real property taxes is by virtue of statutory scheme. AG Opinion No. 2006-148

Ark Code 26-35-601 provides that the transferor of property is required to pay the delinquent personal property, when paying real estate taxes, not current personal property taxes. {See also: Op. Att’y Gen. 2000-118 and 1999-304.} AG Opinion No. 2008-180

The AG opined that generally a mortgage holder such as a bank is not required to pay the real property owner’s personal property taxes, delinquent or otherwise (whether or not the bank has an escrow). The Attorney General cited an earlier opinion which stated: “The clear intent of 26-35-601 is to permit a mortgagee or other lien holder to pay real estate taxes due upon the property that is the subject of the lien 32

regardless of whether personal property taxes are then due from the mortgagor and regardless of whether any personal property taxes then due are simultaneously paid.” See: Op. Att’y Gen. 95-289. However, the AG noted that a mortgagee foreclosing on real property and wishing to pay real estate taxes on said property shall first be required to pay the real property owner’s delinquent personal property taxes, but the collector may not require payment of current personal property taxes by the mortgage holder. 26-35-601(c)(3) requires that a Collector accept real estate taxes at the time of a transfer in ownership only if all delinquent personal property taxes have been paid. {See also: Op. Att’y Gen. 2000-118 and 1999-304.} AG Opinion No. 1994-022

Collectors and Sheriff-Collectors are not authorized to forgive the amount due from a taxpayer. Ark. Code 26-28-111 only authorizes correction of actual and obvious errors; and Ark. Code 26-26-115 only authorizes apportionment after acquisition of a portion of realty. All taxes assessed become a lien upon the property assessed and do not extinguish at the time of death of the taxpayer. Ark. Code 26-35-401, the personal property of the deceased is a liable in the hands of the administrator or executor. Lands conveyed to heirs or devisees are encumbered with the lien for the delinquent real estate taxes. AG Opinion No. 2004-347

The purchaser of a motor vehicle in Arkansas has no obligation to ascertain if the property taxes due or delinquent for the subject vehicle have been paid. The only obligation the purchaser has is to perform a search for liens filed against the title. The General Assembly required liens placed on motor vehicles subject to registration in this state to comply with a specific statutory procedure under Ark. Code

§§ 27-14-801 through -807 requiring a copy of the instrument creating and evidencing a lien to be deposited with the Office of Motor Vehicles. A.C.A. § 27-14-802(a) (Repl. 1994). Furthermore, the office will issue a new certificate of title with the lien properly recorded, A.C.A. § 27-14-803 (Repl. 1994), and this new certificate of title serves as constructive notice of all liens and encumbrances against the motor vehicle, A.C.A. § 27-14-805 (Repl. 1994).

HOMESTEAD CREDIT AG Opinion No. 2004-354

The Homestead Credit under Amendment 79 should not be permitted where a property owner submits registration for the credit after October 31st of the year after the assessment. The AG said that Ark. Code 26-26-118 sets a deadline for the credit and the taxpayer has only until October 31st to correct the credit. AG Opinion No. 2002-030

After delinquent property is deeded to the state and appears on the tax records as state property, the parcel does not qualify for the Homestead Credit. Ark. Code 26-26-118 requires the credit be applied to the “of record owner”, it is questionable as to whether the delinquent taxpayer (while an owner) remains the owner of record of property in which title has vested in the state pursuant to Ark. Code 26-37-101. AG Opinion Nos. 2008-158 & 2005-209

Homestead under Ark. Code 26-26-1122 means the dwelling of a person used as his or her principal place of residence with contiguous lands, exclusive of lands valued as agricultural, pasture or timber land. Homestead shall also include land owned by a revocable trust.

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"( 0QJOJPOT

VETERANS EXEMPTION AG Opinion No. 2009-054

Under Ark. Code 26-3-306 a disabled veteran is exempt from property taxes on his or her homestead if he or she qualifies as permanently and totally disabled under 38 CFR §§ 416 & 417. Although the definition of total and permanent disability is not defined by state law, the term is tied to the federal classification system. See also AG Opinions 2001-213 and 2006-167. AG Opinion No. 2005-209

A spouse of a disabled veteran may claim the exemption if the veteran is in a nursing home or deceased. If the spouse is in a nursing home it may be unclear if there is intent to return to the residence and legislation clarification may be warranted. AG Opinion No. 1993-385

The fact that a veteran holds property in a joint tenancy, or a tenancy by the entirety does not prevent the property from being entitled to the veteran’s exemption. If the veteran holds only merely a tenancy in common, or a severable portion of the lands, then the exemption should only apply to the portion of the estate held by the veteran.

Property Tax Collection DUTIES and AUTHORITY AG Opinion No. 1997-031

Distraint of goods and chattels under Ark. Code 26-36-206 and garnishment of assets of delinquent taxpayers under Ark. Code 26-36207 appear to be Constitutional. The United States Supreme Court commented that: “the power to distrain personal property for the payment of taxes is almost as old as the common law. Notice and demand for the taxes and neglect or refusal to pay are prerequisites. The notice must be reasonably calculated to inform the taxpayer of the impending sale. In regard to garnishments, the person that owes money to the taxpayer shall pay over the amount of taxes,

but no more than the amount they owe the taxpayer. The AG says if the creditor and taxpayer refuse to pay the taxes to the Collector, the Collector must file a statement of the amount of taxes with that person and initiate garnishment procedures. Again, notice is a prerequisite that particular funds may be subject to garnishment for payment of delinquent taxes.

not remit the taxes, the local taxing authorities are confronted with the State’s sovereign immunity (Arkansas Constitution, art. 5 § 20) and should not submit the lands for forfeiture to the Land Commissioner. A remedy exists before the General Assembly through presenting a claim for the taxes with interest and penalties to the Arkansas State Claims Commission.

The Nature of Property Taxes as ANNUAL ASSESSMENTS

COLLECTION for PROTECTION DISTRICTS, IMPROVEMENT DISTRICTS, SUBURBAN IMPROVEMENT DISTRICTS

AG Opinion No. 1993-087

Arkansas law does not contain a provision for taxes to be assessed for only a portion of a year in which a taxable person or entity holds property. AG Opinion 1981-022 long ago concluded that if property was taxable on January 1 (actually the first Monday in January), taxes should be assessed for the entire year. See also AG Opinions: 86-494; 87-444; and 92-189. As between a buyer and a seller, the taxes will not attach until the third Monday in February. This applies equally to veteran’s exemptions, if the property is held by a taxable entity on the first Monday in January it is not exempt; if the property is held by a exempt entity on the first Monday in January it is exempt. AG Opinion No. 2008-023

When the state or other exempt entity purchases property from a non-exempt entity after the first Monday in January of a tax year, the real estate is not exempt from the property taxes for the year in which purchased. {See also Attorney General Opinions: Nos. 94-302; 92-189; 81-022}. Arkansas law does not contain a provision which would allow taxes to be assessed only for the portion of the year in which a taxable organization holds the property. If the property was taxable as of January 1, . . . the correct manner in which to proceed is for the taxes to be assessed for the entire year, without regard to a change in the status during the year. There is no provision in the Arkansas Code for the State or its agencies to be relieved of liability for the tax on real property after the lien has attached. There is no authority to prorate the taxes. AHTD is authorized under subsection (a) of A.C.A. § 27-65-138 to collect and remit taxes on whole taxable parcels. If the AHTD does

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AG Opinion No. 2007-312

The Land Commissioner’s Office is not involved in the collection of delinquent fire protection fees. The Collector is charged with collecting delinquent fire protection district fees only during the time the property taxes are collected. Delinquent assessments are to be paid to the board and collected by the board through circuit court action as provided by Ark. Code 14-284-216. AG Opinion No. 2000-299

Collection for fire protection districts is governed by Ark. Code 14-284-101 through 215. After the Collector has attempted collection, they are to report delinquency to the board for them to pursue legal remedies in court in the manner provided by Ark. Code 14-121-426 to 432 which details the requirements for obtaining a judgment for such assessments, as well as drainage improvement districts. Suburban Improvement Districts are authorized to elect to pursue their remedies in court or allow the delinquencies to be held by the Collector, and if not redeemed, certified to the Land Commissioner for redemption or sale. Under Ark Code 14-92601 to 603 certain districts of less than 7,000 acres are “eligible” districts which may elect to collect their own assessments and delinquencies, including pursuing delinquencies in court. Property owners improvement districts formed under Ark. Code 14-93-101 likewise are to be

>>> 33

"( 0 QJOJPOT >>> reported to the district board upon delinquency for collection in court in the manner provided above. AG Opinion No. 2001-049

Collectors may not refuse to accept payment of property taxes until a patron has paid their rural fire protection district fees. AG Opinion No. 2008-141

Ark Code 14-30-108 provides that a volunteer fire department may hold an election for which if the majority voting approves, the dues shall be listed with the real property taxes and collected in like manner. The collection of fire dues does not involve certification to the state or sale by the Land Commissioner. Ark Code 14-20-108 and 26-36-201 reflect a clear intent that the Collector engage in collection of fire dues in their office between the first business day of March and October 10th. AG Opinion No. 2004-224

Volunteer fire departments organized under 14-20-108 are commonly called “subscription” fire departments. See also: AG Opinions 2002032 and 1996-114. Such fire departments may by ordinance direct a county official to collect their fire dues. Alternatively, an ordinance may call for an election at the fire department’s expense to levy dues. Fire dues levied and to be collected in like manner as taxes are afforded the same penalties and interests of general taxes.

COLLECTION for SOLID WASTE AG Opinion No. 2005-179

The General Assembly mandated that Collectors require payment of solid waste fees and services charges before accepting any payment of property taxes. {Act 1272 of 2005, further amended Ark. Code 8-6-212 to prescribe procedures that may be set forth in ordinances for collection of solid waste, including placement on real property taxes with the proviso that a landowner may register a tenant for the solid waste obligation and collection from personal property taxes.} 34

CORONERS

AG Opinion No. 1990-142

CONFLICT of INTEREST AG Opinion No. 1986-361

The Attorney General determined that a conflict of interests would arise for the elected coroner to serve as coroner and simultaneously serve the county under a contract as either the owner or manager of an ambulance service. Whether or not the contract with the county was awarded through the sealed bid process is irrelevant. The AG noted that a county elected official is generally prohibited from having an interest in a service contract with the county under Ark. Code 14-14-1202. {AG Opinion No. 1990-131: The AG later opined that the action by a quorum court under Ark. Code 14-14-1202 may validate the contract, if the quorum court declares there to be “unusual circumstances”, but the particular facts and specific language of the ordinance would impact the legality.} AG Opinion No. 1987-457

The Attorney General stated that there was no conflict of interest where the son and daughter-inlaw of a Coroner operate an ambulance service in the same county where the Coroner is the father and father-in-law. AG Opinion No. 1988-002

The Attorney General determined that it was a conflict of interest for an appointed Coroner to appoint his wife as deputy coroner; and that such an appointment by the Coroner generated a personal economic gain to the Coroner or to his immediate family prohibited by Ark. Code 14-141202. Also, Ark. Code 21-8-304 prohibits a public official from using his or her position to secure special privileges for their spouse or other persons of standing within the first degree of relationship or for whom they have a substantial financial relationship. AG Opinion No. 1989-018

The Attorney General opined that there was no apparent conflict of interest in simultaneously holding the office of deputy coroner and deputy sheriff.

The Attorney General opined that there was no apparent conflict of interest in the owner and operator of a funeral home simultaneously serving as the duly elected Coroner. The AG mentioned that the facts may dictate the opposite conclusion to the extent the county seeks to contract with the funeral home, but that “unusual circumstances” may exist and be permitted by the Quorum Court by ordinance under Ark. Code 14-14-1202. AG Opinion No. 2001-296

The Attorney General opined that there was no apparent conflict of interest in simultaneously holding the office of deputy coroner and city council.

FREEDOM of INFORMATION ACT AG Opinion No. 1987-135: The Attorney General advised that the Coroner’s Reports are generally public records. However, certain Coroner’s Reports may not be subject to disclosure under the FOIA as “undisclosed investigations by law enforcement agencies of suspected criminal activity”. The Attorney General added that once the investigation is complete the final report and supporting documents fall within the public’s right to inspect and copy under FOIA. AG Opinion No. 1987-353

Pursuant to Ark. Code 12-12-312 the autopsy report in the custody of the State Crime Lab are privileged and confidential; and shall be released only by order of a court of competent jurisdiction, the prosecuting attorney over the case, and the public defender. Also, the defendant and his or her legal counsel shall be afforded access to all records pertaining to the subject criminal case. {Note: Ark. Code 14-15-304 also specifically addresses the protection of Coroner’s records until such time as the final report is issued}.

CORONER’S AUTHORITY to INVESTIGATE DEATH AG Opinion No. 1995-263

Ark. Code 14-15-302 expressly provides that a COUNTY LINES, WINTER 2009-2010

"( 0QJOJPOT coroner’s responsibility does not include criminal investigation responsibilities. However, a Coroner shall assist any law enforcement agency or the State Crime Laboratory upon request. This Section provides that the coroner shall be given access to all death scenes; shall have the right to issue subpoenas; if deemed qualified may handle take and handle toxicological samples; and provides the preliminary report shall be issued within (5) five working days and shall include pronouncement of death. This section further provides requirement for the report, if a death occurs without medical attendance or was the result of a homicide, suicide or accident. Ark. Code 14-15303 directs for the Coroner to satisfy himself as to whether the death was a result of a crime. The other responsibilities at the scene of death not assigned to the Coroner, shall be the authority of law enforcement officials and prosecuting attorneys having jurisdiction.

conducting an investigation concerning the circumstances surrounding the death (14-15-301), assisting law enforcement agencies or the State Crime Lab (14-15302(a)), taking toxicological samples if deemed qualified (14-15-302(c)), and releasing the body for final disposition in accordance with 14-15-303. It is generally deemed that medical personnel have the final say as to whether a person is apparently dead may receive medical treatment. while cooperation between [the coroner and emergency medical personnel] would be preferred, if a disagreement about whether or not to continue emergency medical treatment at a scene cannot be resolved, the coroner should yield to the decision of emergency medical personnel on this issue. Also, Ark. Code 20-13-901, “the do not resuscitate act” allows persons to prohibit medical treatment. {See Also: AG Opinion No. 1999-064; and 1991-263.

“The Attorney General opined that there was no apparent conflict of interest in simultaneously holding the oﬃce of deputy coroner and deputy sheriﬀ.” AG Opinion No. 1994-107

The Attorney General determined that the Coroner has the authority to prohibit removal of a weapon from a death crime scene. The Coroner also has authority to prohibit the removal of a body from a death crime scene pursuant to Ark. Code 20-18-604. In regard to the coroner’s authority at the crime scene, reference should be made to A.C.A. 14-15-301 to -303. Section 14-15-302(b) (1) states that “[c]oroners shall be given access to all death scenes in order to perform the duties set forth in this subchapter.” These duties include

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Statewide Primary Election May 18, 2010 Early voting begins May 3, 2010 Paid for by the Tate for State Campaign. Buck and DeAndra Gibson, Co-Treasurers.

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Sherry Bell: Making a difference in Columbia County By Randy M. Kemp County Lines Editor

hen Sherry Bell, the County Clerk from Columbia County, was installed last fall as president of the County Clerks Association, probably few people knew the circuitous route she had taken to get there. No, we’re not talking about Hwy. 7 and other curvy roads linking Magnolia in south Arkansas to Mt. Magazine State Park, Arkansas’s highest point, where the County Clerks were meeting. Her story is about the “Air Force brat” who moved a few times, went to college to be an airline stewardess, launched a promising career path with the construction giant Brown and Root.... On her way to her real career in county government. But first, to catch the reader up a bit... Sherry grew up in Chicago, but upon finishing 8th grade, Mom, Dad, Sherry and her five younger siblings migrated south, landing near Galveston at LaPort, Texas. With six children on an Air Force salary, money was always a little tight, so as a high school sophomore, she landed a job as a cashier at a Super X Drugstore. She was accustomed to work, and getting a good grasp of money-handling principles as she transitioned from high school to San Jacinto Junior College. She was doing all the reconciliation of the drugstore cash receipts and was responsible for all the coupons. Like banker George Bailey (It’s A Wonderful Life”), Sherry had an itch to see the world, but no means to do so – thus her idea of making a career as a flight attendant. “I thought that was the way for me to see the world,” she said with a smile. She was a go-getter, but after three-plus years, was still making $2.10 an hour at the drugstore. “I loved that job, because I was working around people – and I loved people!” But it caught her attention when her brother signed on with Brown and Root at $5.15 an hour. She applied, gave a great interview, and right away she was keeping up with timesheets for construction crews. She kept adding to her 36

responsibilities, and about four years in, “sometimes they would let me do field work – pulling big cables, or up in a lift… a lot of different things. I wanted to do that, just to better understand the needs of the men in the field.” And that is where she met her husband, James. Between marriage and a new career, the flight attendant plan got parked in the hangar. Combine that with the death of her dad and the uneasiness of raising three step-children, two of them daughters, in an edgy, urban setting, and they started talking about a move. With the passing of her dad, Sherry’s uncle, Bob W. “Rock” Robertson of Magnolia, grew quickly into a mentor, friend and confidant role. “We wanted to get the kids out of that environment, and out to the country,” said Sherry. And so they moved to the country, landing outside Magnolia in Columbia County in 1982. The biggest down-side of the move was financial. Through her diligence and the fact she never missed work, Brown and Root was giving her a raise every 90 days. “I was making $11.05 before I moved to Magnolia,” she recalled. She would find that hard to match in Columbia County at that time, but she sure wasn’t going to sit still. And that’s when she launched her career in county government. The Assessor, Kenneth Eddy, hired her the last week of her unemployment benefits. “He said he liked my

enthusiastic attitude,” she recalls with her characteristic smile. Sherry’s never been one for workplace “status quo”, and in the 1990s, she not only became fourth or fifth person in the county to attain Level 4 appraiser, she was the first woman to do so – a really noteworthy accomplishment. She worked 15 years in the Assessor’s office, until 1998. They were enjoying “life in the country”, and husband James was working as chief deputy in the Sheriff’s Office. But he had a heart attack in 1997, and found himself sidelined. “That was a big reality check for me – that I could find myself being a single parent raising a child (they’d had a son together by then). Another part of that reality check was James’s stay in intensive care, accumulating a huge medical debt that would take them 10 years to pay off. Stepping out of her comfort zone again, she decided to run for Columbia County Treasurer, but she lost the 1996 race to Marion Barnard, who has continued to serve in that post. Sherry recalls sending her a congratulatory card after the election, assuring her opponent that “The Lord put you in that position.” But 1998 was a different story. County Clerk Debbie Longino-Atkinson decided not to seek another term. “The minute she made that decision public, I started getting calls, encouraging me to run,” she said. With no money, no campaign infrastructure, and no time off, her only recourse was to simply ask voters, “Please consider me; I will give it my all!” Meanwhile James, four heart bypasses later, had moved back to Houston for a chemical plant job – he’s an industrial engineer – as they each hustled to stay ahead of the stack of bills. He wasn’t so sure about her candidacy, with him being out of town so much, but her mentor uncle encouraged her. “This is where you’ll really shine, because of your people skills,” he told her. James thought on it, agreed, and came back home to help her campaign. She had to beat a primary opponent and campaign through a runoff, but her eventual victory was doubly exciting “because I wasn’t a home-town person,” she said.

COUNTY LINES, WINTER 2009-2010

$PV OO UZ 0GGJD JBM 1SPGJMF $ PV UZ 0GGJD JBM 1SPGJM F Sherry Bell (left),

FUN FACTS!

at a recent meeting of the County Financial

...about Sherry Bell

Code Review work Audit. To her left are

What time do you get up most mornings ? 5 a.m.

Rhonda Cole, Clark

How do you like your steak? Medium

County

Faron Ledbetter, Mad-

Last film you saw at the cinema? Secondhand Lions

ison County Clerk.

What is your favorite TV show? Travel Channel

group with Legislative

Clerk;

and

What is your favorite cuisine? Seafood What is your favorite dessert? Ice cream, also most anything chocolate (especially dark chocolate)

She’d won the election, but there was a dark lining to her silver cloud in the first week. “I had been in office less than a week (January 1999) and had to have major surgery” as a result of overdoing it while lifting and moving furniture after a pipe burst in their home a couple of years earlier. She was taken to St. Vincent’s in Little Rock in an ambulance, “because I couldn’t move!” A month later, an arsonist set the Columbia County Courthouse on fire. “We took a bad hit, but the records were preserved,” said Sherry. But the repairs put her, the County Judge and Circuit Clerk out of their offices for more than a year. “There were so many challenges that first year, all while I was trying to learn my job, and at the same time managing my people,” she recalls. Once she finally got her office back and started a routine, “it was always in my mind: ‘What can we do to run the office better?’ This is not about Sherry Bell,” but about giving the citizens the best bang for the buck, she said. “Some people, it seems, get elected and lose touch with why they are in that office to begin with. I don’t ever want to do that.” One way she guards that is with teamwork. “I’m big on collaborative effort. I’m big on asking my staff for ideas and input.”

...Day-to-Day... n Sherry’s guiding philosophy: To continue providing the very best quality of service to the citizens of Columbia County; to always have a sense of humility; and in serving, give more than people expect…”

n In keeping with articles in this edition by AAC Executive Director Eddie Jones (p. 7) and Dr. Randy Garner (p. 58), Sherry has been thinking about what she wants her “legacy” as a County Clerk to be. “It’s not about the person, but about how they make the office better during their tenure, in customer service and in operations,” she has concluded.

What kind of vehicle do you drive? 1999 Chev rolet Corvette LS-6 speed and 2000 Linc LS

n She has accomplished a lot on her watch, but the most recent milestone was when her office implemented a new software for accounts payable and payroll. It was not software that was in use by any of the other counties meaning less of a safety net. A deputy clerk left a month before the April 1, 2007 launch date, leaving her short-handed. “We went live with the new software April 1, but we had to run dual systems. I spent seven days a week, sometimes till 10-11 p.m., keying in the infrastructure of this program from scratch. I was hardly home that March. It was so challenging, but also enjoyable, because now I help employees learn the program.”

Are you a morning or a night person? Both – depends on the type of activities of that day or night

n Sherry serves with several other officials on a County Financial Code Review work group with the Bureau of Legislative Audit, tasked with getting all Clerks and Treasurers across the state on a more updated set of laws on their accounting and payroll. A key component will be a uniform numbering system and more uniformity, “to get us into the 21st Century,” she said. Sherry expects the first group of updates to be introduced in the 2011 legislative session.

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Continued Page 39

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Where would you like to visit? Hawaii Favorite time of day? Evenings Where were you born? Chicago, IL What is your favorite sport to watch? Football and Nascar

Do you have any pets? Not currently What did you want to be when you grew up? Airline Stewardess/Flight Attendant (a way to see the world) What is your best childhood memory? My senior year of high school, being one of 3 students, that earned a expense free trip to our nation’s capitol Washington DC during the Bicentennial celebration Any pet peeves? People in levels or positions of service but truly do not provide a positive experience to those they serve What was your favorite vacation? In June 2008 my son and I with several family members took a 7-day Carnival Cruise out of Galveston, Texas Do anything spontaneous lately? On June 20, 2009 my husband celebrated our son’s 21st birthday at the Las Vegas Motor Speedway with the “gift of speed” where he actually drove a Nascar racecar at top allowed speed of 135 mph and I did a 3 lap “ride-along” with max speed of 165 mph with the Richard Petty Driving Experience program. (Definitely fulfilling our “speed junkies/need for speed”!)

$ " . 1" * ( / 5 3 " * Ready or not...

2010 election season is upon us!

hile Arkansans are winding down from the holiday season, election officials are gearing up for a busy election year. 2010 will see all seven of our state’s constitutional officers on the ballot, along with a United States Senator, all four of our United States Representatives, 17 state senators, all 100 of our state representatives, and an assortment of judges and prosecuting attorneys. Now is the time for candidates for public office to prepare for filing season, which is March 1-8. The filing requirements vary based on the type of office sought and whether or not a candidate wishes to have a partisan affiliation. Those individuals running as partisan candidates must file party certificates and a political practices pledge between noon on Monday, March 1 and noon on Monday, March 8. To obtain party certificates, candidates must file an affidavit of eligibility with their political party’s state committee and meet all of the party’s requirements, including paying filing fees. The political practices pledge is a form candidates sign to state that they are familiar with the requirements of Arkansas law regarding unlawful election activities and their penalties and that he or she will in good faith comply with the terms of the law. Independent candidates must file a notice of candidacy stating their intent to run for a particular office with the Secretary of State (for federal and state offices) or the County Clerk (for county and municipal offices) along with a petition. The amount of signatures required varies with the office sought. Nonpartisan judicial candidates may choose to pay a filing fee (amount varies on the office sought) when they file their political practices pledge or they may skip the fee and file petitions containing the requisite number of valid signatures (also varies on the office) instead. Detailed information on the filing procedures, along with the petition requirements for independent and nonpartisan judicial candidates, can be found in the State Board of Election Commissioners “Running for Public Of-

fice” handbook, which is also accessible from our website at www.sos.ar.gov. Candidates raising money to run for public office are required to file campaign finance forms with the Secretary of State’s office. For more information on which forms need to be filed and when, contact our office or the Arkansas Ethics Commission at www.arkansasethics.com or (800) 422-7773. The first big election of the 2010 season will be the Preferential Primary and Nonpartisan General Election on May 18 and with it comes the first important voter registration deadline on April 18. Nearly 500,000 Arkansans of voting age are not registered to vote, according to the latest U.S. Census estimates. A primer on the statewide voter registration process is listed below. Where to Register to Vote

If you’re not registered to vote in Arkansas or have moved since you last voted, there are many places where you may apply to vote, such as any Department of Motor Vehicles, any state agency, public library, or your county clerk’s oﬃce. The application may also be printed from www.VoteNaturally.org, Arkansas’s one-stop website for information on voting in the Natural State. To register, complete the short application and submit it to your county clerk who will then certify you as a registered voter and mail you a voter identification card. Who Can Register to Vote

To be eligible to register to vote in Arkansas, an applicant must be a U.S. citizen residing in the state who will be 18 years of age on or before Election Day. Registrants cannot claim the right to vote in another country or state and must also be free of certain restrictions relating to voter competency and felony convictions. What is Needed to Register to Vote

When registering to vote for the first time, applicants should include a copy of a valid photo identification, utility bill, paycheck, or government document that shows one’s current name and address information. If no identification is

provided with the appliCharlie cation, first time voters Daniels will be required to show Secretary of State identification at the polls or vote a provisional ballot. Election oﬃcials will later determine whether that provisional ballot can be counted. On the Move? Keep Address Current

If you have moved to Arkansas from another state, notify the county clerk in your previous state of residence to request cancellation. Similarly, if you have moved from one county to another within Arkansas, you must cancel your registration in the old county and re-register in your new county of residence. College students attending college outside of your home county must decide which county you consider “home.” If you intend to return to live in your home county, then list your parents’ address as your residence. If you do not intend to return there, then list your college address as your residence. Overseas citizens and military personnel may register to vote using a Federal Post Card Application (FPCA). This application simultaneously serves as both a registration form and application for absentee ballot, but it should be re-submitted each time the mailing address changes. More information on registering and voting abroad can be found at www.fvap.gov or www. VoteNaturally.org. I urge all Arkansans who are already registered voters to ensure that their voter information is up-to-date. The best and easiest way to do that is by logging on to www.VoteNaturally.org and typing in your name and date of birth. This application will let you know if your information is current. If your search yields no records or inaccurate records, please contact your county clerk immediately to get the information corrected. 2010 promises to be an exciting and busy election year for election administrators and voters alike. Please don’t hesitate to contact my oﬃce if you have any questions on the process of running for public oﬃce or voting for your elected representatives.

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Election Dates and Deadlines:

2010 Preferential Primary & Nonpartisan General Election March 1-8, 2010 - Candidate Filing Period April 18, 2010 - Voter Registration Deadline May 3-May 17, 2010 - Early Voting May 18, 2010 - Election Day 2010 General Primary Election (Runoff) May 9, 2010 - Voter Registration Deadline June 1 -June 7, 2010 - Early Voting June 8, 2010 - Election Day 2010 Annual School Election August 22, 2010 - Voter Registration Deadline September 14-September 20, 2010 - Early Voting September 21, 2010 - Election Day 2010 Annual School Election Runoff September 12, 2010 - Voter Registration Deadline October 5, 2010-October 11, 2010 - Early Voting October 12, 2010 - Election Day

Sherry Bell: Continued from 37 > > > n Sherry considers one of her best-ever com-

pliments to have come from the lady who beat her in the race for Treasurer in 1996, Marion Barnard. “She was having dialogue with one of our former JPs, and she told that person that I’m a champion for every person in Columbia County government – elected officials and employees.” The comment was doubly meaningful “because of how highly I esteem her for who she is,” said Sherry – “both as a county official, and in her personal life, as a Christian.” n Civic Involvement: In addition to her role as President of the County Clerks Association, and her Legislative Audit study group, Sherry has or has had key roles in several youth-oriented organizations, including “Today’s Youth, Tomorrow’s Leaders” and “Youth Advisory Council”. Sherry chairs the information booth at the annual Magnolia Blossom Festival; she is a Gov. Beebe appointee to the Arkansas Division of Volunteerism Advisory Council; and she recently completed a focused eight-year commitment with the Magnolia Junior Charity League. She takes pride in having brought a County Clerks Association meeting to Magnolia, not-

2010 General Election and Nonpartisan Runoff October 3, 2010 - Voter Registration Deadline October 18 – November 1, 2010 - Early Voting November 2, 2010 - Election Day 2010 General Election Runoff (County & Municipal Races) October 24, 2010 - Voter Registration Deadline November 16 – November 22, 2010 - Early Voting November 23, 2010 - Election Day Contact Information Office of the Secretary of State www.sos.ar.gov Phone: (501) 682-1010 or (800) 482-1127 Arkansas Ethics Commission www.arkansasethics.com Phone: (501) 324-9600 or (800) 422-7773 Arkansas State Board of Election Commissioners www.state.ar.us/sbec/ Phone: (501) 682-1834 or (800) 411-6996

ing that some of the group had hardly been south of I-30. “We gave them a steak cook-off dinner (one of the key features of the Magnolia Blossom Festival), and they had a great time!” n Sherry dotes on her son, Ryan; at age 21, he is well on his way to an electrical engineering degree from Louisiana Tech, after earning an Associate’s degree at his hometown Southern Arkansas University. He’s an Eagle Scout, enjoyed a pair of nice scholarships, and has been honored by the Magnolia Specialized School for his efforts in mentoring its special group home residents for three years. n Hobbies? Those exist only theoretically, because to this point, she has invested her life in kids, career, and public service. But for a recent special birthday, James bought her a 6-speed Chevy Corvette. With Ryan’s college degree wrapping up, and retirement in sight, “we want to start traveling some.” She’s looking forward to weekend jaunts in the Corvette and on James’s 2007 Harley Springer Softtail. “He had a Honda chopper that we rode on our first date,” she confided. “We’re going to try to start having fun again, as we get back into a twoperson relationship.”

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Sherry (upper right) and fellow county officials at a Final Tax Settlement seminar at AAC, fall 2009. n In May, Sherry will be starting her 28th year in county government – and she couldn’t be happier. After studying to become a stewardess, then balancing numbers and pulling cable for Brown and Root, she found where she really belongs – public service as Columbia County Clerk.

$BNQBJHO 5SBJM Winning strategies for the campaign trail By Steve Veile CEO, Comminique, Inc.

ampaign communication efforts are generally only as good as the strategy behind them. While trying to get your campaign message out, it’s vital to think strategically. You can apply the concept of strategic communications to your campaign with three basic steps: digging up as much pertinent information as you can; creating a sharply defined message (and image) based on that information; and creating an effective, consistent way to convey your message. Research might not seem like a component of communication, but it is the foundation of a strategic campaign. This research can be accomplished by written and oral surveys, monitoring the media, and just getting out and talking to people. Every bit of information can help. Though it is at times difficult, it is vital to get information in an unbiased manner. Independent research by a professional firm would be helpful. The information gathered will be used as the basis of your campaign. It is important that it be impartial and accurate.

Changing Times A certain strategy may have worked in a past election, but it’s necessary to reexamine what you are doing and not simply fall back on what worked in the past. Perhaps your past strategy is still eﬀective, but it is worth some analysis. The public’s perception of you may have changed since the last election. Your “favorable” ratings may not be quite as favorable this time around. It’s important to remember, too, that the desires of the voters are fluid. President Obama’s campaign theme of “change we can believe in” made sense in the 2008 presidential election. It would not work at all if he runs for re-election in 2012, although his opponent might want to give that one a try. Finding the right issues in your race can get you the positive attention you want. Hot button issues are generally what your message should be based on. It isn’t enough simply to say, “Family values are good.” During a campaign, you are essentially a product, and voters need a clear idea of what they are “buying.” The candidate should point out a need or problem – “Family values are under attack. . .” 40

– and then position him or herself as the solution – “. . . and I’m the candidate who’s willing to fight back.”

A Written Plan It isn’t enough for you to simply say what you are about; the definition must be in a written strategic plan. Often, candidates have a good idea of what they want to accomplish, but do not have it clearly spelled out on paper. Plotting that course out on paper makes sure everyone on the campaign team is on the same page and that everything comes back to the strategic message. Again, through research you can get a greater understanding of the mood of the electorate and present yourself as the candidate the voters want. Also, as part of your plan, a situation analysis will help you figure out what you’re up against and what you need to accomplish. Of course, your campaign doesn’t exist in isolation. Most likely, you have an opponent, and you must strategically position yourself against him or her. If you notice weaknesses the voters might see in your opponent, play oﬀ against them. For example, if your opponent is quite young, you might stress your experience. If, in the voters’ minds, you are the experienced candidate, your opponent, by default, is the inexperienced candidate.

Graphic Design Tips When the voters are staring at their ballots, your name, more than anything else, needs to be the first thing that comes to their minds. To be sure your name stands out, you have to do for yourself what a very successful business does as it markets itself or its products – adopt a logo and “corporate” colors. Your logo doesn’t have to be fancy, but it should be distinctive. Maybe it’s nothing more than “logo type” – use of a unique (but readable) typestyle of your name. After you have chosen a logo, pick a color combination that you like and stick with those colors throughout the campaign. Your signs, brochures, bumper stickers and buttons should always incorporate the same logo and colors, except when you must run in black and white. Why always the same? Because you are trying to create name identification with voters. You want them to recognize your name instantly and to think favorably of you when they do so. If you question this wisdom, just think about the mil-

lions and millions of dollars spent by companies like McDonald’s, Taco Bell, Holiday Inn, IBM, Ford Motor Company and others who spend money each year promoting their good names. And every time you will see their names in exactly the same distinctive typestyles and their logos in exactly the same colors. I guarantee you’ll never see the McDonald’s golden arches in blue or green.

Social Media Social media is a relatively new development of which some candidates may want to take advantage. Candidate Obama, who came to represent the young, hip candidate, had pages or links on Facebook, MySpace, YouTube, and a text messaging number on his website. He raised millions of dollars for his presidential campaign using social media. A website is an essential tool for a candidate today – even at the county level. Voters may or may not be motivated enough to visit a website, but it still serves other functions. Simply having a web address at the bottom of a campaign card gives the impression that you are savvy and professional. Also, supporters can be energized by reading about the progress of a candidate on a regularly updated website. Though there are many communications options, a candidate doesn’t have to use all of them to be successful. Because sites like MySpace are popular, it doesn’t mean a candidate must have a MySpace page. In a county with a mostly elderly population, for example, a MySpace page would be a waste of resources. The same applies for other forms of media. A candidate isn’t required to be on television. Strategic decisions must be made. Perhaps he or she isn’t telegenic or perhaps more people can be reached by spending campaign money in other ways. Again, this is something that can be uncovered with research and spelled out in a strategic plan. A little research and a well executed strategy will guide you to a win. Good luck to all in the upcoming elections. Steve Veile is founder and CEO of COMMUNIQUÉ, Inc., a strategic communication ﬁrm that celebrated its 30th anniversary of business in 2009. Veile also teaches a strategic communication capstone course at the Missouri School of Journalism. He may be reached at 1-800-772-8447.

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$PVOUZ -BX 6QEBUF

What is a city’s liability for county jail housing costs?

rk. AG Opinion No. 2009-043, dated June 1, 2009, provides guidance on the issue of the duty of a city to pay for housing municipal prisoners in a county jail. Expect this to be an issue in the next legislative session. Misdemeanor Arrestee: A prisoner delivered to the county jail is initially considered a municipal prisoner if he or she was arrested by a city officer for a violation of state or municipal law occurring within the city. Op. Atty. Gen. 2004303. A city’s liability to the county for the daily fee for a municipal prisoner begins when the prisoner is first incarcerated in the county jail, i.e., when they are delivered to the jail and the sheriff or his/her representative accepts custody. Ark. AG Opinion No. 2009-043. Felony Arrestee: A city is liable to the county for a prisoner arrested by a city officer on felony charges until such time as the prisoner is formally charged. Ark. AG Opinion No. 2009-043. Ordinance Arrestee: If the city is liable for the prisoner both pre- and post-sentencing because he or she has violated a municipal ordinance, then the city is also liable for any additional time served on charges stemming directly from the original charge. Ark. AG Opinion No.

2009-043. Sheriff’s Duty to Accept/Reject: Neither the sheriff nor his representative is permitted to refuse to accept such a prisoner unless that action is necessary to limit prisoner population in compliance with the law and constitution of this state and the United States Constitution. Ark. AG Opinion No. 2009-043. In-County Prisoners Have Priority: A sheriff may not refuse in-county municipal prisoners in order to house out of county inmates. Ark. AG Opinion No. 2009-043. Transportation and Hospital Security: Once the sheriff or his representative accepts custody of a prisoner, the county is responsible for transporting that prisoner to court appearances and providing security if that prisoner requires hospitalization. Ark. AG Opinion No. 2009-043. Contract Option: A city and a county have the freedom to enter into an agreement where the county houses the city’s prisoners for a flat monthly rate. Ark. AG Opinion No. 2009-043. City by City Contract Differences: A county operating a jail may permissibly enter into a separate and distinct agreement for housing prisoners with each city that wishes to share its jail.

Mike Rainwater (right) – in his relentlessly enthusiastic fashion – presents county sheriffs and key law enforcement officers with some priceless legal information in his "County Law for County Sheriffs" seminar, offered in October at AAC training facilities. Topics ran the gamut from "Brubaker" and

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Ark. AG Opinion No. Mike Rainwater 2009-043. Per Diem Fee Or- Risk Management Legal Counsel dinance: The county is under no duty to pass an ordinance setting a daily fee for housing prisoners, as the relevant statutory language is permissive rather than mandatory. See A.C.A. § 1241-506 (a)(1) (stating that the county quorum court “may by ordinance establish a daily fee” (emphasis added.)) However, it appears that if the quorum court chooses to set a daily fee by ordinance, it then has a statutory duty to base that fee upon “the reasonable expenses which the county incurs in keeping such prisoners in the county jail.” A.C.A. § 12-41-506(a)(2) (stating that “the fee shall be based upon . . . reasonable expenses[.]”) Ark. AG Opinion No. 2009-043.

(Mike Rainwater, a regular contributor to County Lines and lead attorney for AAC Risk Management, is principal shareholder of Rainwater, Holt, and Sexton, P.A., a state-wide personal injury and disability law firm. Mr. Rainwater has been a lawyer for over 30 years, is a former deputy prosecuting attorney, and has defended city and county oﬃcials for over 25 years)

Constitutional standards to how much health care counties are required to provide. One guiding principle, he said, is that fundamental rights cannot be eliminated, although but they can be regulated in common-sense ways.

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Act 209 applies to seatbelt law, too! A good way to increase revenues for county jails By Eddie Jones AAC Executive Director With the passage of Act 209 by the Arkansas Legislature in 2009, quorum courts and city councils may now increase fines in district courts by $20, which is to be used to defray city or county jail expenses. The increase should apply also to a seatbelt conviction. Under ACA 27-37-706, any person violating the mandatory seatbelt use law shall be subject to a fine not to exceed $25, and when a person is convicted and pleads guilty, or forfeits bond, no other court costs or fees shall be assessed. However, the fines allowed by Act 209 of 2009 can be applied to seatbelt convictions because additional fines are not the same as court costs and fees. Attorney General Opinion No. 2003-117 states, “The statute prohibits the imposition of additional court costs and fees,” but it “does not prohibit additional fines. Courts have traditionally distinguished between fines, which are intended to be punishment for the oﬀense in question, and court costs or fees.” This same logic has been reiterated in Attorney General Opinion No. 2009-148 issued in October 2009. Act 209 of 2009 amended ACA 16-17-129 in part to read: (a)(1)(A) In addition to all fines now or as may hereafter be provided by law, the

governing body of each town or city in which a district court is located may by ordinance levy and collect an additional fine not to exceed twenty dollars ($20) from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first class of accounting records as described in ACA 16-17707. (b)(1) In addition to all fines now or as may hereafter be provided by law, the quorum court of each county may by ordinance levy an additional fine not to exceed $20 to be collected from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture in all cases in the first and second class of accounting records as described in ACA 16-17-707. A county ordinance enacted under this subdivision (b)(1) applies to all district courts in the county. As a result of this amended state law, cities may now collect up to $20 in fine money on accounting one records, and counties may collect up to $20 in fine money on accounting one and two records. Accounting one records are “city cases” and accounting two records are “county cases”. Counties are allowed to asses this fine in district court on both city and county cases. The old law allowed a maximum fine of $5 – so the new law allows a $15 increase. But, it can only be assessed by the passage of an ordinance to levy the fine. The revenue collected by the assessment of this fine can be used for: (1) the construction, maintenance, and operation of the city, county, or regional jail; (2) deferring the costs of incarcerating county prisoners held by a county, a city, or any

entity; (3) the transportation and incarceration of city or county prisoners; (4) the purchase and maintenance of equipment for the city, county, or regional jail; and (5) training, salaries, and certificate pay for jailers and deputy sheriff’s. The only exception to these uses is that sums collected from this fine on “city cases” cannot be used for training, salaries or certificate pay for deputy sheriffs. Many counties in Arkansas have already availed themselves of this new revenue source to help with the burden of jail operations. But for those who have not – the Association of Arkansas Counties and the Arkansas Sheriff’s Association urge you to pass an ordinance as soon as possible. This source of revenue can be fairly significant – at least it will help you pay the bills. It can generate from $50,000 to $750,000 depending on the size of your county and the number of court cases in your district courts. The revenue raised pursuant to Act 209 of 2009 (ACA 16-17-129) was designed to raise revenue for cities and counties to support the costs of incarcerating their own prisoners and other local costs related to operating a jail. It is not substitute revenue for the costs of housing state prisoners in the county jail. Housing state prisoners in county jails is a “just debt of the state” – an obligation I feel certain they will continue to honor. Albert Einstein said, “In the middle of difficulty lies opportunity”. The offenders of the law should pay for the system – yes, even if it is me caught speeding or not wearing my seat belt! Breaking the law is breaking the law…

Governor’s board, commission appointees include numerous county officials Gov. Mike Beebe made numerous appointments of county and district officials to boards and commissions during the past several months. These include: Doris Tate of Greenwood, Sebastian County Clerk, reappointed to the State Board of Election Commissioners. Appointment expires May 28, 2013. Wes Fowler of Huntsville, Madison County Judge, to the Arkansas Natural and Cultural Resources Council. Appointment expires July 1, 2013. Larry Fratesi of Pine Bluff, Jefferson County Assessor, reappointed to the Arkansas Public Employees Retirement System Board of Trustees. Appointment expires March 9, 2015. To the Arkansas Workforce Investment 42

Board: Steve McGuire of Blytheville, Mississippi County Judge; and Gary Sams of Morrilton, Conway County JP. Tommy Young of Tuckerman, a Jackson County JP, to the Arkansas Corn and Grain Sorghum Promotion Board. Reappointment expires July 1, 2011. Thomas Flowers of Center Ridge, Conway County JP, to the State Board of Workforce Education and Career Opportunities. His appointment expires June 30, 2016. Six county officials were appointed to the new Coroner’s Advisory Task Force: Garland Camper of Maumelle, Pulaski County Coroner; Toby Emerson of Jonesboro, Craighead County Coroner; Freddie Hudson of Cotton Plant, Woodruff County Sheriff; Leonard Krout of

Pottsville, Pope County Coroner; Earnest Larry of Helena-West Helena, Phillips County Coroner; and Roger Morris of Fayetteville, Washington County Coroner. Appointments to the task force expire on April 30, 2011. Four county oﬃcials were named to the Electronic Recording Commission: Cheryl Cochran-Wilson of El Dorado, Union County Circuit Clerk; Pat O’Brien of Jacksonville, Pulaski County and Circuit Clerk; Phyllis Villines of Huntsville, Madison County Circuit Clerk; and Rhonda Wharton of Conway, Faulkner County Circuit Clerk. The reappointments expire Sept. 1, 2011.

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$ 0 3 3 & $ 5 * 0 / 4 $ 0 6 3 5 4 Correctional Risk Services saving counties money By D.J. Kreal V.P. Sales / CRS, Inc. The Association of Arkansas Counties continues to hear positive comments about Correctional Risk Services, Inc. CRS works with six Arkansas counties as well as over 260 counties and municipalities in 17 states. The National Association of Counties has endorsed CRS for their claims administration and inmate excess medical insurance: the only company of its kind to have such an endorsement. In Arkansas, CRS works with: Arkansas, Crittenden, Lafayette, Mississippi, Prairie and Pulaski counties. Through October, 2009, CRS has reduced inmate medical costs for those counties by a total of $428,454. One county alone has saved nearly $250,000, and a second county has saved more than $150,000. With the assistance of Correctional Risk Services, Arkansas Counties can now rely on a part-

ner that specializes in reviewing and adjudicating inmate medical claims. CRS is also able to oﬀer a unique insurance policy to help your county protect your annual budget against unexpected and catastrophic inmate medical expenses. CRS will review your inmate oﬀsite medical bills to make sure the treatment was provided, the medical coding was accurate, and the best discounts are being applied. If CRS finds billing errors, and are able to reduce the amount you pay — they will retain a small percentage of those savings. If CRS determines the billing was accurate, they do not retain a fee. That’s the win-win type situation we wanted our members to be able to take advantage of. Today, the overwhelming majority of Arkansas Counties self-insure the risk of paying for a catastrophic inmate medical claim on their own. There is now an insurance solution available where your county can insure the risk of not deteriorating your inmate medical budget

with one claim. The insurance program available through CRS has deductible options ranging from $10,000 to $50,000. This deductible is tied to each inmate and will accumulate for each inmate throughout the course of the policy years regardless of how many times they have been released and re-booked. The policy will enable your county to better manage your budget without taking those unexpected hits. Through a nationally awarded RFP by Dallas County, Texas, Arkansas counties are able to piggyback onto the award and begin using the program right away without bidding the service.

DJ Kreal is Vice-President of Sales for Correctional Risk Services, Inc., Brentwood, TN.

For more information on these programs, contact Kreal at CRS at 615-376-6101 or djk@crisks. com. Information is also posted on their website at www.crisks.com

A Judge for all of Arkansas

22 YEARS COURTROOM EXPERIENCE

Judge Karen Baker FOR SUPREME COURT

Paid for by the Judge Karen Baker for Supreme Court Campaign Committee COUNTY LINES, WINTER 2009-2010

$ 0 3 3 & $ 5 * 0 / 4 $ 0 6 3 5 4 Gleaming new Pike County facility ‘more than just a jail’ By John Balch The Nashville Leader

URFREESBORO – Pike County Judge Don Baker called the new Pike County Detention Facility “more than just a jail” during the Saturday, Oct. 25 dedication and open house of the $3.1 million facility. The new 64-bed facility has been in the works for more than three years. The new facility’s official name is the Pike County Detention Facility and Court System and it is located on land donated by the Murfreesboro Industrial Development Council. Along with plenty of bed space for prisoners, the new jail also includes a spacious courtroom where some of Pike County’s court cases will be heard and will help eliminate the majority of the traffic at the courthouse. “This is something the whole county can be proud of,” Sheriff Preston “Pep” Glenn told the group of city, county and state officials gathered in the courtroom for the dedication. Judge Baker pointed out that the new facility was built with “no added taxes or bonds.” The construction of the new jail was funded in part by revenue generated by the county’s current one-cent sales tax and bank loans. Judge Baker said several people have played a role in making the new jail happen and he thanked Sen. Larry Teague, Rep. Randy Stewart and the City of Murfreesboro for their help in securing a grant that paid for the installation of the new facility’s water and sewer system. Pike County Clerks Donna White and Sandy Campbell were also thanked for decorating for the open house and securing the refreshments served to the 100-plus people who visited the jail for the dedication ceremonies. The new jail is credited as being the “brainchild” of former sheriff Jerry Jones. He began to 44

push hard for the facility back in 2005 and has continued to assist Sheriﬀ Glenn in seeing the project through. “It was well worth the wait,” Jones said as he and family members joined the dedication ceremony. It was also Jones who began seeking ways to make the jail generate revenue. He courted the U.S. Marshal Service to house federal prisoners

areas capable of holding 70 prisoners, including females and four state “309” prisoners, whose stays in county facilities are paid for by the state in an eﬀort to ease overcrowding in the state’s prison facilities. There is also a “suicide pod” where at-risk prisoners can be monitored and a “sally port” that allows prisoners to be safely transported to and from the back of the jail. Glenn said the new jail’s visitation areas are

A clear blue sky provides a nice backdrop for the handsome dark brick exterior, as U.S. and Arkansas flags fly proudly over the new Pike County Detention Facility on dedication day.

in the new facility and began securing much of the needed items and furnishings before the new jail was even approved. Sheriff Glenn has reported that a contract is in the works to house at least 10 male and four female federal prisoners for approximately $226,000 per year. Glenn also said sheriffs from several other counties have already begun knocking on the new jail’s big metal doors wanting a place to house their prisoners. “We shouldn’t have any problems keeping it full,” the sheriff said. The new jail includes five “pods” and lockup

almost larger than the entire old jail and oﬃcers will finally be able to move unrestricted within the large booking area on busy nights. “In here, at least we can turn around without bumping into each other,” Glenn said. The spacious carpeted new courtroom includes a judge’s bench reinforced with “bullet proof” steel and those in court will sit on 21 refurbished oak church pews. The jail’s dispatch area is also reinforced with steel. The entire facility is monitored virtually 360 degrees from “the control room” via 28 cameras positioned throughout the jail and grounds. All the cameras are equipped with infrared triggers that slowly phase on when the lights go out. A push of a button can also lock and unlock the heavy metal cell doors and exterior doors with a loud clank. “We have complete control from right here,” said jailer/dispatcher Chris Goodson as he stood

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Pike County Sheriff Pep Glenn shows some of the modern surveillance controls at the new jail; and in the photo below, he jangles the big loop of keys to cell doors. He and his deputies are keeping a close eye on those keys!

Pike County Judge Don Baker (above) welcomes a good crowd of citizens at the dedication ceremonies. A cornerstone of the new facilities is a spacious courtroom, which will relieve a lot of foot traffic at the courthouse nearby, in downtown Murfreesboro.

before a control board glowing with red and green buttons. The new jail is also equipped with various conservation measures and jailers will be able to control the cell’s lights, exhaust fans, showers, toilets and temperatures as well as the prisoner’s access to phones and televisions or radios. Prisoners are required to have access to either radios or televisions, the sheriﬀ pointed out. Plans are to construct a 2.5-acre inmate garden on the grounds and Sheriﬀ Glenn is confident the garden will trim money from the jail’s annual food budget.

AAC Photos by Randy M. Kemp

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Lots of snack goodies awaited guests after the brief dedication ceremonies, and visitors were led on tours throughout the facility.

The staff of AAC wish you a PEACEFUL PROSPEROUS & HAPPY

New Year!

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, / 0 8 : 0 6 3 ""$ # 0 " 3 % Jimmy Hart: Conway County Judge Number of years as county official: Nine years County I was born in: Conway County My favorite traditional Arkansas meal: Homemade Italian spaghetti and sausage The best thing about living in Arkansas is: The abundant natural beauty of our state What I like most about my county is: Its people and their great hospitality When I’m not working I’m: Working on the farm with my sons The accomplishment of which I am most proud is: Helping raise four children and instilling in them responsibility, character, and a good work ethic The hardest thing I have ever done is: Help organize a marketing cooperative, for which I served as a charter board member My pet peeve is: People who think the whole world revolves around them If I were not a County Judge I’d be: An arbitration specialist I got started in county government because: I felt the need to develop a can-do attitude within our community You’d be surprised to learn that I... had never been involved in politics before being elected judge

Debra Buckner: Pulaski County Treasurer / Collector Number of years as county official: Nine years County I was born in: Garland County My favorite traditional Arkansas meal: Daddy’s just-picked Big Boy tomatoes, Mom’s chicken and dumplings, turnip greens, pinto beans, cornbread sticks with real butter, and peach cobbler with homemade vanilla ice cream. Ahhhhh.... The best thing about living in Arkansas is: The diverse beauty here is a constant reminder to slow down, breathe, and enjoy our natural resources. Hot Springs was a wonderful place to have been born and reared What I like most about my county is: Variety. Being in the center of the state, something exciting is always happening. There is a pulse of anticipation here for the next event or issue. We have so many wonderful communities in our eight cities and in the unincorporated area When I’m not working I’m: Enjoying my wonderful husband and family – traveling or planning the next trip The accomplishment of which I am most proud: Rearing two beautiful daughters to be strong, successful women The hardest thing I have ever done is: Watch as my Mother courageously fought breast cancer and now lung cancer. This woman has shown such grit and dignity. My Dad passed away in October of my first year in office. These both surpass divorce, miscarriage, and other difficult times on my journey. My pet peeve is: Lame folks who insult you by not doing what they say they will do If I was not Treasurer/Collector, I’d be: Full-time wife spoiling my husband I got started in county government because: I wanted a career change at 49. I’d reached other goals and needed a new challenge for the third quarter of my life. I’m blessed because I really love my job and enjoy going to work. You’d be surprised to learn that I... Sing lead soprano in our praise band at Lakewood Methodist Church every Sunday

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4QPUMJHIU PO Sen. Lincoln convenes Agri Committee at AAC facilities

hen U.S. Agriculture Committee Chair Tom Harkin (D-Iowa) opted to take the chairmanship of the Senate Health, Education, Labor and Pensions Committee in September, that opened the door for Sen. Blanche Lincoln (DAR) to take the chairmanship of the Senate Agriculture Committee. Sen. Lincoln, the first female chair of the Committee, chose Little Rock as a meeting site on Nov. 24. The Committee was convened at the Arkansas Association of Counties’ James H. Baker Conference Room. The event drew a standing-room-only crowd – including numerous county oﬃcials from around Arkansas – as Sen. Lincoln heard from about 20 people she had invited to testify regarding various farming and forestry interests. Afterwards, Sen. Lincoln spent time greeting and visiting with guests who stayed around to meet and congratulate the new Agri Committee chair. Some were happy to oﬀer a handshake and a smile; others briefly shared an idea they hoped for her to consider. – Randy M. Kemp County Lines Editor

A packed crowd in the AAC's James H. Baker Conference Room listens attentively to the Agriculture Committee proceedings.

Sen. Lincoln talks with Jeff Sikes and David Morris (right) about some county government concerns after the Nov. 24 meeting in Little Rock.

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' S P N U I F ( PW F S O P S Selling Arkansas beyond our borders is important to our economic future

fter an economic-development and trade mission to Europe in early October, I felt a renewed optimism for increased European investment in Arkansas. We have been working for nearly three years now to reverse the international outsourcing trend and bring more foreign investment and jobs to Arkansas. Recent steps toward that goal include Mitsubishi announcing a new 100-million dollar wind-energy facility that is intended to bring 400 new jobs to Fort Smith. I believe we will see more of this in the coming months and years, through both the expansion of existing companies and the arrival of new businesses from overseas. European companies, including Dassault Falcon, L’Oreal, Nordex, Zodiac Aerospace, and Unilever, which makes Skippy Peanut Butter, already have a strong presence in our state. While in Europe, our delegation met with their representatives and those from five other companies already invested here, and all ten companies expressed their continued commitment to Arkansas. Over and over, we were shown appreciation and gratitude for taking the time and eﬀort to meet with these companies face to face. In addition to the delegation visiting with foreign investors and American diplomatic oﬃcials in England, France and Germany, we also met with six companies thinking seriously about coming to Arkansas. The reputation we have built with companies already established here has given us international credibility. Some of the prospects are suppliers to Nordex, which recently broke ground on a wind turbine facility in Jonesboro. Visiting with them in person gave us the chance to discuss how their investment here would be mutually beneficial for their business and for our economy. I take every opportunity available to sell the merits of our state – our

quality of life, aﬀordable cost of living, natural beauty, educational opportunities, and of course, the potential of our workforce. It’s esMike Beebe sential that Arkansas’s virtues be known beyond Arkansas Governor our borders. Education will always equal economic development. The better we can train our workforce, especially through relevant internships and apprenticeships at the college and university levels, the more we can connect students to future jobs and encourage them to remain in Arkansas. Some of our meetings in Europe focused on producing more qualified Arkansans in specific fields that could lead to more investment opportunities in our state. The full benefits of the mission may not be known for months or years, but I remain cautiously optimistic that within the next several months, I will have good news to report on additional forthcoming foreign investment in Arkansas. Cultivating economic development at the public level is just like running a business; it requires patience and realistic goals. I am certain of one thing – the state’s investment in this trade- and economic-development mission was worth it. Growing existing investment and improving relationships is every bit a priority as attracting new investment. The bottom line is: Jobs are jobs. My goal is simply to increase the number of jobs available to Arkansans. It’s always good to come home, but it was even better to come back feeling more confident about our business prospects for the future. – Honorable Mike Beebe Governor of Arkansas

Governor expands Arkansas Works career training, education opportunities Gov. Beebe in November announced a major expansion of Arkansas Works, the governor’s strategic initiative to coordinate education, training and economic development in Arkansas communities. The expansion focuses on providing unemployed and underemployed citizens with career training and educational opportunities. “As communities work hard to attract new business, the State will help ensure that a qualified workforce stands ready to fill those jobs,” Beebe said. “The world is quickly changing, and Arkansas must accelerate its pace to create ca-

reers for our citizens. This eﬀort has something to help every Arkansan, whether you need a job, want to find a better job or want to shift to a new career.” Beebe helped unveil the College and Career Planning System, an online information resource that will help Arkansans locate jobs that fit their interests and help businesses find qualified candidates to meet their workforce needs. Every Workforce Development Center in Arkansas has personnel prepared to assess job seekers and help them connect with jobs and industries that lead

COUNTY LINES, WINTER 2009-2010

to satisfying careers. In January, 43 career coaches will be placed in high schools to oﬀer enhanced career guidance to students who want to build careers in Arkansas. The career coaches will be employed by the two-year colleges located in the communities theses coaches are placed. In addition, up to $8,000 in financial aid may be available, based on the needs of each individual, to help pay for career training and education. 49

/ "$ P / F X T Let’s all celebrate County Government Month National Association of Counties (NACo) President Valerie Brown is calling on all counties to begin planning today for National County Government Month (NCGM). The theme for NCGM, to be celebrated throughout the month of April 2010, is “Healthy Counties.” “County governments are integral to America’s health system and provide many essential services for their residents,” said Brown, supervisor, Sonoma County, Calif. “I know counties are most proud of their healthcare services and healthy living programs. That’s why the theme for National County Government Month is Healthy Counties.” Since 1991, NACo has encouraged counties to actively promote county government programs and services. Formerly National County Government Week, the designation was ex-

panded to a full month to offer counties more opportunities to plan and participate. Counties aren’t expected to hold public awareness activities throughout the month, but can schedule activities any time during the month. Brown urged county leaders to hold open houses or public tours of county facilities, visit local schools and business groups to discuss available county services, and highlight exceptional services and programs. “By starting to plan today counties can make the most of the opportunity to promote effective local government efforts to serve and protect communities,” Brown said. “I am excited about this year’s Healthy Counties theme as I am making advocacy for national health reform that works for counties a hallmark of my year as NACo president.” A booklet is available from NACo which

Get ready now.

will provide helpful information about how to plan successful NCGM celebrations. For more information, visit the National County Government Month Web page in the County Resource Center on the NACo Web site or contact Jim Philipps at 202/942-4220 or jphilipps@naco.org.

Seniors can win $2,000 for college This spring, four high school seniors will earn $2,000 for college from the NACo/Nationwide Scholarship. Winning applicants will have written a short essay describing why it’s important for a public sector employee to start saving early for retirement. This is the fifth consecutive year that Nationwide and NACo have teamed up to encourage high-school seniors to think about retirement. Why spur students who haven’t even started full-time work to think about retirement? Three reasons – by applying for the scholarship the students: 1. Must consider the financial impact of their decisions about college and their career and realize it is never too soon to start thinking about saving for retirement. 2. Begin to recognize the value perspective in turbulent financial times when often diﬃcult decisions are required. 3. Identify specific actions that help prepare for a financially successful future. To be eligible, applicants must be graduating high school seniors who are legal U.S. residents – their parent or grandparent must be enrolled in and contributing to the NACo 457 Deferred Compensation Plan. In addition, the student must enroll in a full-time undergraduate course of study no later than the Fall term of the 2010–2011 school year at an accredited two- or four-year college. In addition to these qualifications, applicants will also be asked to answer a question (in 500 words or fewer) on why it is important for a public sector employee to start early when saving for retirement. The application and entry must be submitted on line no later than January 31, 2010. For more information, go to www.naco.org/retirementscholarship or

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COUNTY LINES, WINTER 2009-2010

/ "$ P / F X T Survey finds small counties struggling in face of slowdown In mid-October, the National Association of Counties conducted a survey to look at the continuing impact of the economy on a sample of counties across the country. The sample group was made up primarily of midsize to smaller counties. Media reports of the impact of the economy have largely focused on the counties with the largest populations, but the majority of the counties in the country are mid-size or smaller. This survey reveals that the downturn is widespread and is impacting counties of all sizes from several directions. In addition, many of these counties are either not anticipating any revenue from the American Recovery and Reinvestment Act or are still waiting for it to arrive. Responses were received from 138 counties in 34 states. The survey reveals: County economies are not improving – Fifty six percent of counties report starting their fiscal years with up to $10 million projected shortfall. Forty seven percent of counties say that the shortfall increased after the start of their fiscal year. Ninety five percent of counties with additional shortfalls report up to $10 million in additional shortfalls.

Revenues creating shortfalls include: n Property taxes – 52% n Reductions in state/federal funding – 50% n Sales taxes – 46%

rather than all these special earmarked funds for things that governmental entities do not really need. State and Federal keep cutting and taking away from smaller counties. Small counties Counties are responding to the shortfalls by: have no other revenues to depend or bring in n Delaying purchases and repairs – 60% income. n Salary/pay freeze for employees – 59% We did not have a shortfall but expect to see n Delaying capital investments – 54% n Hiring freeze – 49% a significant drop following the re-evaluation of n Using rainy day/reserve funds – 44% property values over the next three years. Also for rural counties $10 million is a high budget t &JHIUZ UXP QFSDFOU BSF BOUJDJQBUJOH TIPSU- for county operations especially if you do not falls into their next fiscal year have jurisdiction over roads monies. t 4JYUZ POF QFSDFOU BSF FYQFDUJOH UP SFDFJWF Rural America typically lags at least a year funds from the ARRA behind the economy of the nation. t 5SBOTQPSUBUJPO GVOEJOH BOE $PNARRA funding was all decided before it got munity Development Block Grants (50%) are to the county level. It was not transparent. For the most anticipated funds from ARRA the most part, funds were controlled at federal or t " UIJSE PG DPVOUJFT BOUJDJQBUJOH "33" IBE state level, with an appearance that it would be not received any as of the date of the survey. put in the pockets of the needy. It did not. Some of the comments NACo heard back State is ending up keeping most of the from county oﬃcials included: funds. Our indigent budget has greatly increased. Stimulus payments should have gone to “Send money!” another commenter simply counties our size for infrastructure improvepleaded. ments. Overlaying our county roads with pay– Jacqueline Byers ment would have an economic benefit for the NACo Director of Research next 30 years. It would be money well spent

Your Money: NACo Deferred Compensation Program update Recent headlines and the current economic climate highlight the importance of making sure personal and retirement investments are with a financially strong company. As part of its oversight of its Deferred Compensation Program, NACo hires an independent consultant to evaluate several diﬀerent program aspects. These include the creditworthiness of Nationwide Financial, the parent company to our program administrator, Nationwide Retirement Solutions, and the competitiveness of the fixed annuity investment option return to our program participants. In their analysis of the creditworthiness of Nationwide, the consultants noted that while Nationwide continues as a strong organization even though in 2008 it was downgraded, due in part to the general economic conditions as well as some of those related specifically to the insurance industry. In some of the indicators against which Nationwide was evaluated, they continued very strong; in others, their position weakened from the prior year. NACo and the

NACo Deferred Compensation Advisory Committee will continue to monitor Nationwide as economic conditions change in 2010. The NACo deferred compensation program, also known as a 457 program, is a voluntary investment program that gives county employees the opportunity to save regularly for their retirement on a pre-tax basis. One of the investment options available to participants is a fixed annuity that oﬀers county employees the opportunity to earn an investment return at a fixed rate that is established quarterly by Nationwide. In addition, on an annual basis, Nationwide sets an investment rate minimum (or floor) for the year. According to the study, the 2008 return on this investment option placed highest among its competitors. The report was released at the November 4, 2009 meeting of NACo’s Deferred Compensation Advisory Committee, held in Monterey County, California. This study has been conducted every year since 1989, and the NACo program has always come out on top. “Our 29-year partnership with NRS continues

COUNTY LINES, WINTER 2009-2010

to deliver a quality program that helps county employees save for a more comfortable retirement – this is more important than ever in today’s economy,” said Larry Naake, NACo executive director. The competitive interest rate test concluded that Nationwide met its contractual requirement to equal or exceed the top one-third of its competitors. This study reviewed the fixed annuity option oﬀered by Nationwide and its nine largest competitors. The consultants’ analyses are only one feature of NACo’s deferred compensation program that distinguishes it from others. As a result of NACo’s Deferred Compensation Advisory Committee, the NACo program is the only one in the country that receives oversight and is advised by county participants. It also benefits from the oversight and endorsement of 41 state associations of counties, including the Association of Arkansas Counties. – Lisa Cole at NACo at 202/942-4270 or lcole@naco.org or NRS at 877/677-3678 51

/ "$ P / F X T Registration open for NACo’s 2010 Legislative Conference in D.C. Registration is open for NACo’s Legislative Conference, to be held March 6–10 at the Marriott Wardman Park Hotel in Washington, D.C. The conference’s theme and focus, “Finding Solutions for Tough Times” will provide you with tangible solutions to take home and apply in moving your county forward in this diﬃcult economy. The Opening Session keynote speaker is Joe Klein, columnist for TIME magazine. The New York Times wrote that Klein — a veteran

of eight presidential campaigns — “possesses one of the more musical ears in American politics, a gift for hearing what others miss.” Register online and save $25.

– Kim Struble · 202.942.4288

Prescription discount card program: The tougher the times, bigger the savings NACo has a tough times solution to help your residents with their tough times — and there’s no cost to your county or its residents!

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Included in your county’s NACo membership is an exclusive benefit program — the NACo Prescription Discount Card program — which has saved consumers in 1,260 counties across 47 states $231 million over the past five years. The average saving is 24 percent per transaction. If your county is not making these money-saving discount cards available to your residents struggling to make ends meet, call NACo today and learn how easy it is to get started.

– Andrew Goldschmidt · 202.942.4221

House immigration bill would alter enforcement, broaden legalization A group of more than 20 House Democrats led by Illinois Rep. Luis Gutierrez introduced the Comprehensive Immigration Reform for America’s Security and Prosperity Act (CIR ASAP, H.R. 4321) on December 15. The bill is a blend of enforcement, legalization, and changes to the legal immigration system. Some of the bill’s components include: Legalization: The Agjobs bill that establishes a program for agricultural workers; a path to earned legalization that provides conditional non-immigrant status to undocumented immigrants, their spouses and children. Enforcement: Elimination of the 287g program; a southern border security task force that includes federal, state and local law enforcement oﬃcers; reimbursement for northern and southern state and local prosecutors for federally initiated drug cases; training and technical assistance for state and local law enforcement partners dealing with kidnapping, drug and weapons traﬃcking. Grants to state and local governments: A cursory reading of the bill did not yield a state and local impact grant program, but there is a competitive grant program to form Councils for New Americans and provide integration services. Local governments are eligible grantees. There is no Senate companion bill, but Senators Charles Schumer (D-N.Y.) and Lindsay Graham (R-S.C.) are working on a draft that they hope to introduce in January. Prospects for passage are dependent on many factors, including final passage of a health bill, a jobs bill and other legislative priorities. NACo planned to hold a legislative briefing on the role of counties in immigration and the need for reform January 13.

– Marilina Sanz 202/942-4260

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/ "$ P / F X T Food stamp use rising; one in eight Americans rely on them for meals It doesn’t matter if a county is rich or poor; food stamp usage is on the rise. In the United States, more than 36 million people rely on food stamps to buy their groceries. To put that in perspective, this is about one in every eight Americans, and one in every four children. Additionally, in more than 800 counties, food stamps help feed one in three children. According to an analysis of local data collected by The New York Times, there are 239 counties where at least a quarter of the population receives food stamps. In the past two years, food stamp usage has increased in every part of the country; however some of the most surprising increases have come in many of the wealthiest counties. Since 2007, the 600 counties with the highest percentage of individuals benefiting from food stamps added an additional 1.3 million new recipients. The same is true for the 600 counties where use has historically been the lowest. With equal increases across the board, it becomes evident that counties, which usually have had few residents qualifying for assistance, suddenly have seen a sharp increase in need. Shannon County, S. D. has one of the highest percentages of food stamp recipients. In June 2009, 49 percent of the county’s residents relied on the program. Not surprisingly, according to recent U.S. Census data, the county has

the fourth highest poverty rate in the nation. In contrast, Forsyth County, Ga. had the highest household income in the south in 2007, yet food stamp usage has surged by 160 percent since that time. Despite the increase of those needing and using assistance to cover their basic needs, nationwide, food stamps only reach about two-thirds of those eligible. County food pantries help supplement this as well as fill some of the gap, but there is still a growing need. Right now all counties must adjust to the rising dependency on both food stamps and food pantries.

– By Sarah Sunderman

Jobs bill includes transportation spending The House-passed jobs bill includes $37.3 billion for transportation spending. No match would be required. However, the Senate will not consider this legislation until early 2010. The funding in the House bill would be spent this way: $27.5 billion Highways; $8.4 billion Transit; $800 million Amtrak; $500 million Airport Improvement Program; $100 million Maritime Administration (shipyard modernization). Other transportation provisions included in the jobs bill but not directly related to the newly authorized spending would provide an extension of the surface transportation programs through Sept. 30, 2010; would transfer $19.5 billion from the general fund to the Highway Trust Fund to address solvency issues; and would re-

move the ban on the Highway Trust Fund earning interest on its balance that would help address the solvency issue.

– Bob Fogel 202.942.4217

$2 billion for water and $715 billion for Corps Several programs in the environment and energy realm were funded in the House-passed jobs bill. Water infrastructure projects received a portion of the funds to address the growing problem of aging water infrastructure. This pot was split equally, $1 billion each, for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF) and is slated to be used for sewer, water repairs and rehabilitation. The language instructs states to use at least 50 percent of the funds for additional subsidies, such as loan forgiveness and grants, to struggling communities. The bill also states that 20 percent of the funds could be used for green infrastructure, water/energy eﬃciency improvements or other environmentally innovative activities, if applicable. The U.S. Army Corps of Engineers (Corps) was another winner in the bill receiving $715 million for Corps projects, such as construction, flood protection, environmental restoration, etc. The projects funded must meet a specific set of criteria including: projects that can start quickly, create immediate employment, and located in a state with high unemployment.

– Julie Ufner 202/942-4269

Streamlined Sales Tax: Counties look closer at Internet for revenue After the dust clears from the holiday cybershopping season, counties may see less sales tax revenue than ever before, thanks to online retailers who don’t have to collect and remit sales tax in certain states. Getting those retailers to start collecting the tax and how much to compensate them for their eﬀort is the main obstacle facing states lobbying Congress to legislate a standard policy. Estimates of how much money goes uncollected vary, but a recent University of Tennessee study placed it at nearly $3.1 billion in 2009. Organizers of a multi-state lobbying eﬀort say approximately one-third of the uncollected taxes should go to counties. A 1992 U.S. Supreme Court decision, Quill v. North Dakota, looms over the current debate. It required retailers that have a physical presence in a state to collect sales taxes from customers

in that state. The ruling left it up to customers in other states to pay their own sales taxes. In what has been a surprise to almost nobody, selfreported sales taxes have largely been lacking. As retailers extend their national reach using the Internet, the decision gave them a leg up over “physical” stores, because online sellers are able to omit the sales tax from the total price. “There is no such thing as a tax-exempt sale on the Internet — people aren’t paying taxes they owe,” said Scott Peterson, executive director of the Streamlined Sales Tax (SST) Governing Board. Peterson’s organization coordinates a multi-state eﬀort to standardize tax laws and lobby Congress to make federal changes. So far, 23 states – including Arkansas – have passed legislation that accomplishes many of these steps, including establishing uniform definitions and terminology, reducing the number

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of tax rates and standardizing tax return forms. Some of those revisions involve policy changes, which has hung up several states’ full participation, Peterson said. In September, the SST governing board considered a proposal for compensating vendors, similar to the requirements likely to be in the federal legislation. One proposal would use more than one-third of the tax revenue to compensate vendors. Several states worried that this might cost too much of the anticipated new revenue. Any state with a large population of computer-savvy shoppers is losing out, said Ted Potrikus, executive vice president of the Retail Council of New York State. “Consumers can sample goods in a store and then buy them online, hurting the business and the local government that would have gleaned some tax from the sale.”

– By Charlie Ban 53

:P V S .P O F Z Employees need to stick with retirement savings In today’s market, many county employees are left feeling uneasy and insecure. An unpredictable market can be intimidating, especially when working hard to pay current bills and save money for retirement at the same time. But before reacting emotionally by moving investments to cash or discontinuing contributions, it’s smart for county employees to know why

they may want to stick with their long-term strategy including their supplemental retirement savings such as a 457(b) deferred compensation plan, regardless of market conditions. Here are three reasons for employees to stick with it: 1. Retirement savings have tax benefits Employer sponsored retirement plans like a

Saving tastes good. These days, finding money to pack away for your future isn’t easy. But it’s not as hard when you know where to look. That’s where Nationwide Retirement Solutions comes in. We’ve been helping public sector employees save smarter and better for over 30 years.

Food for thought Simply pack your lunch a couple of times a week, and invest that savings toward retirement.

Lunch money saved per pay period Pay periods per year Total lunch money saved per year Savings over 30 years with inflation Invested over 30 years

$20 x 26 $520 $29,164

(A)

$92,015

(B)

Call 1-877-677-3678 to put a Retirement Specialist from Nationwide on your side or visit NRSFORU.com to learn more about how to invest for your future with deferred compensation.

Investing involves risk, including possible loss of principal. (A) Amount per pay adjusted for inflation by 4% annually. (B) Assumes an average annual return of 8%. Also assumes savings are invested at the end of each month. Total balance of $92,015 does not reflect deductions for federal or state taxes. Withdrawals are taxed as ordinary income. This illustration is hypothetical and is not intended to serve as a projection of the investment results of any specific investment. Neither the accumulation or after-tax amount takes into consideration fees or expenses associated with any particular investment. Investment return is not guaranteed and will vary depending upon your investments and market experience. ©2008 Nationwide Retirement Solutions, Inc. All rights reserved. One Nationwide Blvd., Columbus, OH 43215. Nationwide, On Your Side and the Nationwide framemark are federally registered service marks of Nationwide Mutual Insurance Company. NRV-0426M1 (09/08) Retirement Specialists are registered representatives of Nationwide Investment Services Corporation, member FINRA. In MI only: Nationwide Investment Svcs. Corporation.

457(b) deferred compensation offer tax benefits that are not tied to the market. Contributions are pre-tax. That means that money goes into an account before the participant pays taxes. For example, if an employee pays around 25% in income taxes, then a contribution of $100 in a retirement account results in only a $75 reduction from their take-home pay and taxes are not due on the $100 or any gains until withdrawal, usually at retirement. So not only does $75 out of pocket put $100 in the account, the $25 that would have been taxes now has the potential to grow and compound over the years. Investing involves risk, including possible loss of principal. Compounding is when money can earn more money over time. That same employee saving $75 out of their pocket every payday for 35 years, will have invested $91,000 (remember at 25% income tax, that only felt like $68,250). At an average annual return of 7%, the $91,000 would grow many times over to be worth more than four times the original investment – $372,338.* Not all American workers today may be able to afford to invest the amount in this example right now. In real life, people often start smaller and increase regularly when they get a pay raise. Beginning to contribute is the most important step, but continuing to invest as much as possible throughout the working years is equally important, even when markets are volatile. The tax benefits are not affected by volatility. 2. Markets bounce back There have been down markets before. Today, it’s easy for everyone’s emotions to reflect the market – they go up, they go down. And while past performance cannot guarantee future results– over the past 75 years, every down cycle has been followed by an up cycle. And while no one can definitively say when the market will upswing, most financial experts agree that the market will recover. And that’s something that no one wants to miss out on. In mid-May, The Wall Street Journal reported that “Since bottoming out, the Dow has surged 26%. That means investors who sold at the bottom have missed out on one of the most powerful rallies in decades.” (The Wall Street Journal, May 18, 2009) Rather than “cutting losses” by selling at a low point, investors can think of a

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/ "$ P / F X T President-elect Altemus out after losing election back home NACo President-elect Teresa Altemus, who many Arkansas county oﬃcials met at the Association of Arkansas Counties annual conference last August in Springdale, lost her bid for a fifth term as Gloucester County, Va. supervisor Nov. 3. Her defeat opens a slot on NACo’s leadership team, which will be filled by election at NACo’s 2010 annual meeting in Washoe County (Reno), Nevada. Altemus’ supervisory term ended Dec. 31. In the meantime, NACo First Vice President Glen Whitley will fill the president-elect vacancy and by convention, will move up to become NACo president at the 2010 Annual Conference. Arkansans met Whitley at the 2008 AAC annual conference in Little Rock. NACo Second Vice President Lenny Eliason moved into the first vice president’s slot, eﬀec-

>>> market downturn as an opportunity to “buy low”. When the market is down, investors who buy get more for their money when it rebounds. However, selling or waiting to invest until the market improves could mean an investor actually pays a higher price. Right now might actually be a good time to buy more while prices are potentially lower. 3. The right strategy is important Even though planning for retirement is a long-term goal, many investors think shortterm, especially in times like these. There are strategies, such as asset allocation, that may help deal with a volatile market and reduce market risk without having to miss out on potential returns. Experts suggest that investors use different types of investments because even though all investments go up and down over time, they typically do not do so all at once. Investors can drive commitment to a long-term investment discipline by understanding their own comfort level with market risk, how long until they will actually retire, and when they will start spending their retirement assets. And in turn, this can help determine what asset allocation strategy to use. It’s important to remember though that asset allocation does not guarantee returns or

tive Jan. 1. NACo oﬃcers must be currently serving as elected county oﬃcials. “Teresa has served NACo well over the past several years. We will miss her enthusiasm for the association and its members. Teresa was one of NACo’s biggest fans. We wish her well in the future,” said NACo President Altemus Valerie Brown. Altemus had been an active NACo member for more than 10 years. Most recently, she chaired the association’s Finance Committee and was the Executive Com-

mittee’s liaison to the Information Technology Committee, Conference Advisory Committee and Deferred Compensation Committee. She served for seven years on the Human Services and Education Steering Committee, which she chaired from 2003 through 2006. Linn County, Iowa Supervisor Lu Barron, who served as a vice chair on the committee under Altemus, said she enjoyed working with her. “Teresa was always well-prepared. She was also not afraid to have the committee tackle tough policy issues. I respected her for her leadership.” She also had been an active member of the Rural Action Caucus, Membership Committee, Audit Committee and the Homeland Security Task Force. When first elected in 1993, she was the first woman and the youngest person to serve on the

insulate against potential losses in a declining market. Stick with the strategy! A good strategy is a good strategy, regardless of market conditions. Many county employees are in for the long-term and should not make investment decisions based on short-term drops or gains. It’s important to evaluate how an investment fits into an overall long-term financial strategy including current and future tax implications and adjust as needed. The message is clear: If you are not contributing to a supplemental retirement account, don’t wait. Get started and evaluate the tax benefit. If you are already participating, don’t stop contributing toward your future. Don’t get off track by pulling out of the market at a low point. County employees participating in the NACo deferred compensation plan can talk with Nationwide representatives to discuss their specific situation and to find out which strategies may help reach long-term goals by calling 1-877-677-3678 or contacting your Arkansas Nationwide Retirement Specialist Fran Walker at 501-944-2287. Learning tools are also available at www.nrsforu.com.

what Nationwide is doing to help participants succeed even during difficult economic conditions, contact Louie Watson, Vice-President of Strategic Relationships, by e-mail WatsonL2@ Nationwide.com or by phone 614-854-8895. Nationwide Retirement Solutions (Nationwide) partners with the National Association of Counties (NACo) to provide counties and their employees with a competitive deferred compensation program. As part of this partnership, Nationwide pays a fee to NACo in exchange for NACo’s exclusive endorsement, marketing support, and program oversight of Nationwide products made available under the program. For more information, including fees paid, Nationwide encourages you to visit NRSforu.com.

County employees should know that finding creative solutions for employers has been a hallmark of Nationwide’s service to the public sector, and especially NACo. For more information on

COUNTY LINES, WINTER 2009-2010

* This illustration is a hypothetical compounding example that assumes bi-weekly deferrals of $100 (for 35 years) at a 7% annual effective rate of return. It illustrates the principle of time and compounding. It is not intended to predict or project the investment results of any specific investment. Investment returns are not guaranteed and will vary according to market experience. If fees, taxes and expenses were reflected, the hypothetical returns would be less. All withdrawals from a pre-tax retirement account are taxed as ordinary income in the year they are taken.

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The Gold Standard for watching your money! Creating robust internal financial controls means balancing risks and rewards

auditors and financial executives) Report, which outlined five elements critical to integrated internal financial controls: t $POUSPM &OWJSPONFOU t *OGPSNBUJPO BOE $PNNVOJDBUJPO t 3JTL "TTFTTNFOU t $POUSPM "DUJWJUJFT t .POJUPSJOH

By Stephen W. Blann CPA, CGFM / Rehmann Robson

The idea of financial controls in government is nothing new. As early as 1100 A.D., King Henry I of England had instituted the Court of the Exchequer (named after the checkered cloth on which accounts were handled) to oversee the government’s financial transactions and conduct twice-yearly audits of local Sheriff’s accounts. During these audits, revenue officials gave an accounting of their collections and were questioned on debts owed. Thus the government was looking after its own interests – essentially instituting an early form of financial controls. Today, the thought of twice-a-year meetings to balance the books on a tablecloth is laughable. However, many governments still have a distressingly narrow view of what internal financial controls are. As such, they haven’t instituted the comprehensive programs needed in today’s complex world. Too many government institutions think of internal controls only as the procedural steps of ‘who signs what where’ and which documents should be completed in triplicate. But when you perceive internal financial controls as a way to help your organization carry out its mission effectively and efficiently, you have a clearer picture of what’s needed to maintain a healthy financial department. So how do you know what types of controls to implement? Too many controls and you end up with a maze of red tape; too few and you leave yourself open to fraudulent activity. It’s a fine line to walk, and each county needs to set its own exact limits. Here are guidelines that can help.

The Control Environment

As anyone who has ever changed jobs knows, each workplace has its own culture. Some are friendly and outgoing; others are more reserved. Some oﬃces set casual dress codes; others require a jacket and tie. These diﬀerences can also apply to the tone set for the ‘control environment’. Leaders of organizations generally create the tone and set the pace for the group. The expectation that things will be done correctly, notated and filed as appropriate, needs to come from the leaders of the organization, and has to permeate down to each employee. The Control Environment – that expectation from leaders that things will be done properly – is extremely important for setting the stage for internal financial con-

written documentation procedures that their finance area is supposed to follow. But over the years, modifications to make the policy work better have been put into place, and the people who work in the oﬃce every day know when the written rules are to be followed, and when the modified policies should be applied. But if one of the department members resigns, or goes on an extended leave and needs to be replaced, how will the new employee know what procedures to follow? Documentation of information flow is critical to creating a robust financial controls policy. Having written confirmation of how communication is to be dispersed throughout the organization can make preventing and detecting risks a much easier task. Risk Assessment

Risk assessment is central to creating internal financial controls. It’s the step where you let your imagination ask: what can go wrong? What could get in the way of completing our mission? Where in our process are there opportunities for a breakdown of communications or procedures?

There is always a risk vs. rewards balancing act. Don’t pay enough attention to the risks and your asking for trouble. If you’re too strict on the rules, eﬃciency can suffer. Think about a small library collecting 50 cent late fees for overdue books. To be completely safe from risks, you could hire an armed security guard to watch over the fees collected. You would be enhancing the internal financial controls, but would be spending “big bucks” to get a minimal return. On the flip side, think about county finances and what could happen if there aren’t enough controls in place. It would certainly be less complicated if taxes, once collected, weren’t put into a bank account, but piled onto a central table for the general use of the government. Think of the eﬃciencies – no checks to write, no payroll to process – just let anyone who need money from the county come and take it. Of course, under this approach, the risks would be huge: t ɨF XSPOH QFPQMF DPVME DPNF UBLF NPOFZ t ɨF SJHIU QFPQMF DPVME UBLF UIF XSPOH amount of money.

“Obviously, the costs of the internal controls shouldn’t exceed the rewards, or eﬃciency is compromised... Risk assessment is all about striking an appropriate balance.”

The Gold Standard

The gold standard of internal reporting is the 1992 Committee of Sponsoring Organizations (COSO, a trade organization for accountants,

trols. Set the tone for a good control environment by communicating these expectations in the employee handbook and through day-today interactions within the organization.

Information and Communication Too often, information exchange and communication within organizations is done on an ad-hoc basis. Many things have been done in the same manner for years and years, but nothing has ever been formalized. For example, one county may have a set of

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#FTU 1SBD U JD F T t ɨF SJHIU QFPQMF DPVME UBLF UIF SJHIU amount of money – but at the wrong time. t ɨF SJHIU QFPQMF DPVME CF QBJE NVMUJQMF times. t "OE TP POyy

“In my experience, the control most overlooked by county governments is approval of journal entries.”

So for each area, it’s important to determine what the risk is, and what the cost is of mitigating that risk. Obviously, the costs of the internal controls shouldn’t exceed the rewards, or eﬃciency is compromised. No system of internal controls can fully eliminate all risks and still maintain eﬃciency. After all, people are involved in the process, which by definition means an opportunity for mistakes. But within that framework, it’s up to each individual county to draw the line as to how much risk it is willing to take – always remembering that as a minimum there are state laws to follow that minimize risks. Risk assessment is all about striking an appropriate balance. Control Activities

Monitoring

Okay, so you’ve set the tone, communicated the expectations to the organization, completed your risk assessment and implemented control activities. Can you then assume that everything is going according to plan? Of course not. That’s where monitoring comes in. Ensure that all the steps above have been completed, and procedures continue to be followed. Check the reports to discover any new potential risks, or find out where current procedures are allowing mistakes. Implementing internal controls without a monitoring component is like having smoke detectors in the house without any batteries in them.

When thinking of internal financial controls, most people latch onto the steps and written procedures that must be followed – what many refer to as red tape. But when it comes to proper internal financial controls, I think of it as red tape with a purpose. These are procedures that have been set up to guard against the risks discovered in the step above – not simply procedures for procedures’ sake. Especially when working with the public, it’s important to note that there is a solid, reasonable need for these control activities. Most auditors have a lengthy list of critical controls they think should be in place, such as authorization of transactions; initiation of transactions; reporting and reconciling – but in my experience, the control most overlooked by county governments is approval of journal entries. While most governments have reasonably solid controls over accounts payable and payroll (it would be very diﬃcult for dishonest employees to pay themselves without being detected), journal entries are another story. There are many reasons why employees might need to post manual corrections or additions to the general ledger, but we’ve found that the internal controls over these journal entries are often minimal at best – leaving it open for committing and concealing fraudulent activities. Not having controls over the journal entries is essentially like locking your front door, but leaving the back slider wide open.

COUNTY LINES, WINTER 2009-2010

Each county is unique, and there is never going to be a one-size-fits-all solution. But with proper forethought – and by implementing the five steps recommended – your county can implement the critical financial controls it needs to ensure you’re on the right side of the risk vs. rewards line.

Stephen Blann is a Principal in the Governmental Accounting and Auditing division of Rehmann Robson. He has helped local governments of all sizes with their internal audits and in implementing internal financial controls. Rehmann has grown to become one of the largest CPA, business consulting and financial firms in the Midwest with more than 600 associates in 13 oﬃces. Rehmann is a member of Nexia International with resources in 100 countries worldwide. Its website is www.rehmann.com

Are Rising Inmate Medical Costs

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Leaving a leadership legacy... By Dr. R andy Garner

ow do you want your service as a leader to be remembered? When should you begin thinking about the legacy you are leaving as a leader? Unfortunately, many people do not reflect on their lasting contributions in the early part of their career-when it can matter most. In reality, it is never too early to think about what long-term impact you might have in your organization. The time to consider what others will think about and remember regarding your season of leadership service is now, not at the end of your career. What is it about those leaders who tend to leave a positive, personal stamp on the lives of those they touch, while others fade into the background at the end of their career or are remembered negatively? Why are some remembered with affection-as individuals who displayed courage, character and fairness-while others leave a legacy of apathy, buck-passing, malaise, or worse? Regardless of what you do as a leader, you will leave a legacy-the important thing is to consider how you would like to be remembered and to work toward those things that ensure the realization of that vision. When you think of your legacy now, it is much more likely that the legacy you actually leave will better match your goal. Legacy leadership is

not accidental; it is intentional. It begins with self-reflection on how you see yourself, your role, and the way you want to influence others. Perhaps it might be more appropriate to talk about living your legacy rather than leaving a legacy, since the real challenge is to daily lead our lives in a way that positively influences those around us. One of the biggest “secrets” in considering your lasting legacy long before the end of your career is the impact this can have on your ongoing personal and professional development. Acting with intentionality as a leader in your current leadership role specifically identifying the long-term impact you want to havecan focus your thinking in such a way as to help you better develop your leadership impact not only in the future, but also right now. Too often we are concerned only with the immediacy of the moment or the crisis of the day; however, when we take time to reflect on what is truly important, we can focus more on what it means to leave something lasting. This does not just happen. It takes thought, hard work, self-reflection, sacrifice and determination. History is filled with leaders whose contributions are little more than a footnote. Thinking about how you will be remembered requires you to think about your actions everyday. It allows you to be more fulfilled in your role as a leader-now. Interestingly, many leaders will tell you that

once they begin to think in this way – considering their lasting legacy – they begin to behave differently. Thinking about how we would like to be remembered prompts us to consider how we are interacting with others every day. As a result, many of us come to realize that the most important influence we can have is with the individuals with whom we work. Organizations are, of course, influenced by the actions of leaders; however, what is remembered most, what lives on in the tales that are told within the organization, are often the stories that involve personal interactions and influences. A lasting legacy of leadership is more often found in the collegial rather than the corporate. Leaving a legacy of leadership is more about what you give than what you get; it is focused on what we do for others rather than the model of self-serving leadership that we see all too often in the media today. Those who truly begin to understand legacy leadership realize that people do not remember us for what we do for ourselves; they remember us for what we do for them. So, when will you begin to consider your legacy of leadership? Thinking about the legacy you are leaving for others now can make you a better leader now. Dr. Randy Garner is a professor of behavioral sciences and former associate dean in the College of Criminal Justice at Sam Houston State University. Reprinted with permission from Texas Town & City.

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Winter 2009-10 County Lines Magazine

Articles inside

Advertiser Resource Index

County Law Update: By Mike Rainwater

NACo News

Attorney General Opinions: By Mark Whitmore

From the Governor: By Hon. Mike Beebe

County News

Legislative Tangents: By Jeff Sikes

Frequently Asked Questions: By David Morris

From the Director’s Desk: By Eddie Jones