County Lines Fall 2025

County Lines Fall 2025

The Official Publication of the Association of Arkansas Counties

Breaking Ground

AAC prepares for new addition Page 32

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In This Issue FALL 2025

Features ARORP Director Receives National Award..................................31 Cover Story: Breaking Ground....................................................32 Operation Greenlight a Success.................................................34 Cleghorn to Serve as Treasurer for Association.......................36 Meet Your Board Members: Gerone Hobbs...............................37 Meet Your Board Members: Selena Blair.................................38 AAC Staff Profile: Gary McClain..................................................40 AAC Staff Profile: Anthony Bennett............................................41 AAC Photo Recap: Collectors......................................................42 AAC Photo Recap: Assessors.........................................................43 AAC Photo Recap: Coroners...........................................................44 AAC Photo Recap: County Clerks..................................................45 AAC Photo Recap: Circuit Clerks....................................................46 AAC Photo Recap: Treasurers..........................................................47

Cover Notes: Breaking Ground

AAC Photo Recap: Judges...............................................................48

Departments From the Director’s Desk...................................................................7 President’s Perspective.....................................................................9.

AG Opinions........................................................................................11 AAC Research Corner.......................................................................13 Seems to Me.....................................................................................18 Legal Corner.......................................................................................20 Governmental Affairs.......................................................................22 AAC Continuing Education...............................................................24 Litigation Lessons.............................................................................26 Cyber Corner......................................................................................28 AAC Risk Management Services...................................................29 News from NACo...............................................................................50

Photo by Sarah Perry

The AAC Board of Directors (pictured on the cover) have been setting aside funds for many years to expand the AAC headquarters as the staff and services grow. The result will be a state-ofthe-art addition built without debt.

Pictured in the photo on this page is the AAC staff, which has grown from three since the AAC’s inception in 1968 to more than 40 now.

They pose for this photo on the empty lot between the AAC building and the Arkansas Education Association building.

–– Photo by Deanna Sivley, Little River County Clerk and AAC Board Member

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2026 Jan. 12 County Clerks AAC, Little Rock

April 7-9 County Clerks Winthrop Rockefeller Center

Feb. 1-4 Sheriffs Marriott, Little Rock

March 18-20 Circuit Clerks Hilton Garden Inn, Conway

Feb. 11-13 Treasurers Wyndham, North Little Rock

April 22-24 Collectors DeGray Lake Resort, Bismark

Feb. 18-20 Judges Benton Event Center, Benton

May 27-29 Treasurers DeGray Lake Resort, Bismark

March 10-13 Assessors Mt. Magazine

May 31-June 3 Sheriffs Fort Smith

Calendar activities also are posted on our website:

www.arcounties.org

Contact AAC

AAC Mission Statement

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he Association of Arkansas Counties supports and promotes the idea that all elected officials must have the opportunity to act together in order to solve mutual problems as a unified group. To further this goal, the Association of Arkansas Counties is committed to providing a single source of cooperative support and information for all counties and county and district officials.

The overall purpose of the Association of Arkansas Counties is to work for the improvement of county government in the state of Arkansas. The Association accomplishes this purpose by providing legislative representation, on-site assistance, general research, training, various publications and conferences to assist county officials in carrying out the duties and responsibilities of their office.

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

Chris Villines, Executive Director cvillines@arcounties.org

Mark Harrell, IT Manager Ellen Wood, Admin. Asst./Receptionist ewood@aacrms.com mharrell@arcounties.org

Anne Baker, Sr. Executive Assistant abaker@arcounties.org

Jim Grinder, Cyber/Network Security Engineer JaNan Thomas, RMS Counsel jthomas@arcounties.org jgrinder@arcounties.org

Loretta Green, Receptionist lgreen@arcounties.org Eddie A. Jones, Consultant e.jonesconsulting@gmail.com Mark Whitmore, Chief Legal Counsel mwhitmore@arcounties.org Colin Jorgensen, AAC Litigation Counsel cjorgensen@arcounties.org Josh Curtis, Governmental Affairs Director jcurtis@arcounties.org Lindsey French, Legal Counsel lfrench@arcounties.org Taylor Handford, Legal Counsel thandford@arcounties.org

Risk Management/ Workers’ Compensation

Melissa Dugger, RMS Litigation Counsel mdugger@arcounties.org Mallory McInvale, RMS Employment Counsel mmcinvale@arcounties.org

Brandy McAllister, RMS & Insurance Director Falyn Traina, RMS Litigation Counsel bmcallister@arcounties.org ftraina@arcounties.org Misty Petrus, Sr. Claims Administrator Ali Noland, RMS Litigation Counsel mpetrus@arcounties.org anoland@arcounties.org Cathy Perry, Program Analyst Anthony Bennett, RMS Litigation Counsel abennett@arcounties.org cperry@aacrms.com Fonda Fitzgerald, RMS Paralegal Kim Nash, Workers’ Comp Claims Adjuster ffitzgerald@arcounties.org knash@aacrms.com

Cindy Posey, Accounting/HR Manager cposey@arcounties.org

Renee Turner,Workers’ Comp Claims Adjuster Ian Gaebel, RMS Paralegal igaebel@arcounties.org rturner@aacrms.com Samantha Wren, RMS Assistant Jennifer Shook, Medical Claims Adjuster swren@arcounties.org jshook@arcounties.org Erica Archer, RMS Legal Assistant Jacob Trumble, Claims Analyst earcher@arcounties.org jtrumble@arcounties.org Ashley Pursell, RMS Admin. Assistant Greg Hunt, Claims Analyst apursell@arcounties.org ghunt@aacrms.com

Jenny Evans, Accounting & Program Assistant jevans@arcounties.org

Gary McClain, RMS Loss Control Specialist Karen Bell, Program Assistant gmcclain@arcounties.org kbell@aacrms.com

Christy L. Smith, Communications Director csmith@arcounties.org Sarah Perry, Communications Coordinator sperry@arcounties.org Michael Roys, ACE Program Coordinator mroys@arcounties.org

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COUNTY LINES, FALL 2025

AAC

County Lines County Lines [(ISSN 2576-1137 (print) and ISSN 2576-1145 (online)] is the official publication of the AAC. It is published quarterly. For advertising inquiries, subscriptions or other information, please contact Christy L. Smith at 501.372.7550.

Executive Director/Publisher Chris Villines Communications Director/ Managing Editor Christy L. Smith Communications Coordinator/Editor Sarah Perry AAC Executive Board: Debbie Wise – President Brandon Ellison – Vice President Jimmy Hart – Secretary-Treasurer Tommy Young Deanna Sivley Debra Buckner Dana Baker Kevin Cleghorn Terry McNatt Rebecca Talbert Doug Curtis Gerone Hobbs Marty Boyd John Montgomery Heather Stevens Brenda DeShields Selena Blair Bobby Burns National Association of Counties (NACo) Board Affiliations Debbie Wise: NACo board member. She is the Randolph County Circuit Clerk and president of the AAC Board of Directors.

Brandon Ellison: NACo board member. He is the Polk County Judge and vice-president of the AAC Board of Directors.

Ted Harden: Finance & Intergovernmental Affairs Steering Committee. He is a member of the Jefferson County Quorum Court.

Barry Hyde: Justice and Public Safety Steering Committee.Vice Chair of Transportation Steering Committee. He is the Pulaski County Judge.

Rusty McMillon: Justice and Public Safety Steering Committee. He is the Greene County Judge Kevin Smith: IT Standing Committee. He is the Sebastian County Director of Information Technology Services.

Gerone Hobbs: Membership Committee. He is the Pulaski County Coroner.

Paul Elliott:Vice Chair of Justice and Public Safety Steering Committee, vice chair of law enforcement subcommittee. He is a member of the Pulaski County Quorum Court.

Ellen Foote: Community, Economic & Workforce Development Steering Committee.

She is the Crittenden County Tax Collector.

Tawanna Brown:Telecommunications & Technology Steering Committee. She is the Chief Computer Operator for Crittenden County.

COUNTY LINES, FALL 2025

DIRECTOR’S DESK

Building expansion is result of visionary board of directors

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or years our elected officials and staff have made the trek from the south doors of the AAC buildChris Villines ing up the short hill to the state capitol buildAAC ing. Slightly more challenging up 4th street and Executive Director slightly less coming back down — but always full of steady discussion on the happenings that impact county government.

As we make the walk we pass by a large undeveloped lot between our offices and the Arkansas Education Association building that sits just across Woodlane Street from the lot. For many years — going way before my time here as executive director — thoughts were verbalized about who owns that lot and if not us, why wouldn’t we buy that for eventual needed expansion.

Truth be known, that lot was owned by our good neighbors the Arkansas Education Association since 1978 — and as the Association of Counties looked to grow it was an ideal location to add space. So the board directed us to make the offer a couple of years ago, and it was accepted.

If you walk through our existing building you find no empty office space. Our Board of Directors has been responsible for almost explosive growth in the last 15 years. Great counties need great service, including risk management programs, and those services demand more and more quality employees like those found here.

The AAC Board of Directors is a visionary group of 18 with deep love for county government, elected from your ranks and tasked with providing a myriad of services from a centralized point that many counties could never facilitate themselves.

The board has said in unison — “Now is the time.”

In 2010 when I joined the association, we had 17 employees. Personnel growth was already rapid. In the 15 subsequent years our workers compensation and risk management programs have matured to provide coverage for all 75 of our counties — almost doubling some of our services. We now stand 42 employees strong.

As we grew, the board felt it wise to bring a large part of our legal defense team in house. This has been an extremely fruitful move for our counties — enabling us to constantly train best practices in risk management in hopes that we might prevent lawsuits and accidents instead of just responding to them.

Meanwhile cyber-attack responses were not even conceivable 15 years ago.

Today, they are ubiquitous and we provide needed expertise in this arena. New problems demand new solutions, and this is not the only new problem we have added staff to address.

The Arkansas Opioid Recovery Partnership, a long-term partnership between the Arkansas Municipal League and ourselves, cannot even be housed here with us because of space constraints.

Utilizing the bidding process, our officers: President Debbie Wise, VicePresident Brandon Ellison and Secretary/Treasurer Jimmy Hart chose low bidder KINCO Construction to begin an expansion that all county officials should be excited about. WER Architects in Little Rock has competently guided two previous buildouts through the years and has been chosen to lead this expansion.

Ground has been broken and a 20,000 square foot $9.3 million addition is go>>> 7

AAC

DIRECTOR’S DESK

ing up. Pay close attention to this part … without debt. The Board of Directors has been setting aside capital outlay money for many years so that when the time came for new facilities — the counties of Arkansas would not be saddled with debt.

This facility will house a new audio/ video production studio and communications offices in the ground level.

A second floor will be set-aside for future growth. Our policy, accounting, education and legal arm will re-locate to the third floor. And the top floor will include a conference center which will seat approximately 100 as well as outdoor event space.

Construction should be completed in early 2027, and yes we will have a ribbon-cutting event for all of you, our counties, who together own what will prove to be a beautiful

yet practical facility within mere feet of the Arkansas State Capitol. I encourage you all to reach out to the AAC board members in the coming days to let them know how much you appreciate their bold vision for county government.

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COUNTY LINES, FALL 2025

AAC

PRESIDENT’S PERSPECTIVE

Opportunity to expand AAC headquarters is a dream finally come true

I

’m told that back in the 1970s a rundown frame house with a pig pen was located on the spot where the west end of the AAC building now sits — and that the AAC was primarily a lobbying organization with only three employees operating out of a small, rented office across the street from the state Capitol. That’s hard to imagine given that we are now looking at an expansion that will more than double the size of the AAC headquarters.

As a longtime AAC Board member, I have had a front row seat from which to view the organization’s growth. And I am astounded and proud.

By the time I started in county government in the 1990s, the AAC had bought a small piece of property one block from the Capitol and built a 3,600 square-foot, multi-level headquarters. That building housed the AAC’s Worker’s Compensation Trust and Risk Management Fund staff. As those and other services expanded, so too did the need for more office space.

I’ve already been through two expansions of the original building — once in 1996 when an additional 10,000 square feet of space was added and again in 2013 when another 5,200 square feet of space was added on the east end of the complex. If you’re following the math, that brought the AAC headquarters to a total of 18,800 square feet.

Amazing as it is to me how much the building has grown, I’m equally amazed at how much county business has grown.

Even though AAC is seen as a lobbying organization, it does much more than that for the county and district officials of Arkansas. The AAC provides educational services through seminars, annual conferences, printed materials and more.

The AAC provides legal services. And, of course, it provides benefit programs through worker’s comp and risk management for all 75 Arkansas counties plus hundreds of other entities.

We want your news

COUNTY LINES, FALL 2025

But as a Board member, I am most proud of the fact that much of the AAC’s expansion has been accomplished without going into debt. In 1990, the AAC Board DEBBIE WISE had the vision to set up a capital AAC Board President; fund for future expansion. ExRandolph County Circuit Clerk ecutive Directors Brenda Pruitt, Eddie Jones, and Chris Villines continued through the years to set aside money, knowing the time and need for additional expansion would come as AAC continued to broaden its scope of benefits, services, and support for Arkansas’ 75 counties.

Finally, the latest 20,000 square-foot-addition would not have been possible without the purchase of the vacant lot sitting between the Arkansas Education Association and the AAC. I can’t tell you how many years AAC Board members have been eyeing that lot, wondering when they could purchase it. It was a dream we didn’t think would come true — but this year it finally happened. And just as the AAC needs it the most.

I am excited about this new project, and I can’t wait for every county and district official to grace the doors of the newly expanded AAC headquarters. For it will truly be your building — and one I think you will be proud to call home.

Debbie Wise Debbie Wise Randolph County Circuit Clerk/AAC Board President

Did an aspect of county government “make news” recently in your county? Did any of your county officials or staff get an award, appointment or pat on the back?

Please let us know about it for the next edition of County Lines magazine. You can write up a couple of paragraphs about it, or if something ran in your local paper, call and ask them to forward the story to us. We encourage you or your newspaper to attach a good quality photo, too: e-mail csmith@arcounties.org.

9

AAC

AG OPINIONS

From public defender costs to loitering AG OPINION NO. 2025-107

The AG illuminated the costs the county is responsible for regarding the offices of the public defender and the costs the Public Defender Commission is responsible for. The county is responsible for office expenses, including equipment, supplies, and other expenses necessary to the effective and efficient operation of the public defender’s office. The county is responsible for rent if that expense is necessary. The Arkansas Public Defender Commission is responsible for travel expenses if they concern the defense of an indigent client.

Under Attorney General Opinion No. 2003-303 and ACA § 16-87-302 the commission, not the county, is responsible for mileage charges. Attorney General Opinion No. 2004079 explained that legislative clarification is warranted. Based upon the opinions and subsequent changes in the law, the Attorney General concluded that the Public Defender Commission, not the county, is responsible for travel incurred by the public defender’s office.

AG OPINION NO. 2025-027

The AG reaffirmed the law that under the Arkansas Constitution, Amendment 55, and ACA § 14-14-1102 the county judge has the exclusive authority to enter contracts on behalf of the county. The county judge determines the award, executes and makes the selection of the specific vendor or contractor. The quorum court’s role is regarding appropriation of funds for contracts. The quorum court has no role in the approval or administration of a contract. No contract shall be entered into and awarded unless a sufficient appropriation is made as set forth in ACA § 14-141102 and ACA § 14-20-106. As noted in Attorney General Opinion No. 2003-012, if a county judge has entered a contract for which funds have not been appropriated, a violation has occurred. The quorum court is under no obli-

gation to appropriate funds for such a contract. Alternatively, the quorum court may choose to appropriate funds and ratify the contract.

AG OPINION NO. 2025-041

Mark Whitmore Chief Legal Counsel

The AG determined that ACA § 23-18-1303 did not prevent cities or counties from adopting moratoriums concerning wind energy or wind turbines. The AG explained the purpose and the law on moratoriums as a temporary (interim) measure that halts local approvals of a particular type of development. Typically, the temporary ordinance or resolution to allow the governmental unit time to study and make informed decisions in response to new land uses. The AG cautioned that the validity of a specific moratorium depends on whether the duration is reasonable, and the local government acted in good faith.

AG OPINION NO. 2025-038

The AG explained the interpretation of the law on loitering as amended by Act 255 of 2023. The AG opined that the law is constitutional and explained that the law is content neutral. The amendment allows for the issuance of a citation for persons that linger or remain on a sidewalk, roadway, public right-of-way, public parking lot or public transportation vehicle or facility: (a) in a harassing or threatening manner; (b) in a way likely to cause harm to another person; or (c) under circumstances that create a traffic hazard or impediment. The AG further noted that the violation is a Class C misdemeanor for which a law enforcement officer may issue a citation, as opposed to an arrest, detention or incarceration.

75 Counties - One Voice COUNTY LINES, FALL 2025

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AAC

RESEARCH CORNER

Protecting the public purse: immunity, jurisdiction and appropriation

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ounties in Arkansas exist under an assortment of unique constitutional and statutory laws that are designed to protect public resources. The laws discussed in this article shape how counties can protect themselves from possible cessation of vital public services. All three of these topics are not unaffected from the dynamic landscape of legislation and judicial scrutiny; thus, understanding them as the Arkansas court system currently views them is vital for proper governance.

In 1968 the Supreme Court of Arkansas abruptly abolished over a century of municipal tort immunity in Parrish v Pitts, exposing cities and, by implication, counties to sudden liability.1 The legislature responded within months by restoring local-government immunity through Act 165 of 1969, which illustrated how fragile these legal protections can be.2 Today, county officials continue to grapple with several recurring pitfalls: lawsuits filed in the wrong court, vendors stuck with unenforceable contracts, and taxpayers testing the limits of governmental immunity. This article traces the history and current state of the three key legal doctrines. The goal is to show how these constitutional and statutory rules protect public funds and promote fiscal accountability to the citizens counties serve.

Tort Immunity

Under the old common law inherited from English rule, local governments enjoyed blanket tort immunity under the proverb “the king can do no wrong.”3 It is now commonly understood as a principle of public policy that shields the state from disruptive interference with its governmental operations and safeguards its authority over public funds, property, and agencies. The catalyst that broke this premise of broad immunity was Parrish v. Pitts in 1968, when the Arkansas Supreme Court reversed precedent and abolished municipal tort immunity for ordinary negligence.4 After an onslaught of lawsuits against cities and counties, the legislature restored order by enacting what has now been codified as ACA § 21-9-301. Under that statute, a county’s immunity is waived only to the extent of any liability insurance coverage it carries. Two companion provisions add further structure: ACA § 21-9-302 authorizes counties to establish local procedures for handling claims5 (allowing them to process or address claims administratively without waiving immunity) and ACA § 21-9-303 requires counties to carry automobile liability insurance, waiving immunity up to the insurance limits for claims arising from motor vehicle accidents.6 Even with immunity reinstated by statute, there are imporCOUNTY LINES, FALL 2025

tant limits and exceptions that the Arkansas court system has established to be aware of. First, the immunity covers all degrees of negligence; however, truly Hugh Pascoe intentional or malicious acts Law Clerk are not protected.7 In Franklin v. City of Ozarks, an officer was accused of “willful and wanton misconduct” in a wrongful death claim, and the court equated that term of art to a degree of negligence. Thus, the court granted immunity to the city of Ozark in light of an affidavit stating there was no general-liability coverage. To further clarify the scope of immunity, Arkansas courts have held that allegations of “reckless indifference” still fall under the umbrella of negligence, rather than constituting an intentional tort that would automatically defeat statutory immunity.8 Therefore, the claim must genuinely allege an intentional tort, not merely heightened negligence.

Second, counties are immune from punitive damages, and even when a county’s insurance waives immunity for a particular claim, any damages are capped by the policy limits.9 The Motor Vehicle Safety Act § 27-19-713(b)(2) sets the minimum amount of insurance at $25,000 for injuries or death of one person, $50,000 for injuries or deaths of two or more persons, and $25,000 for property damages.10 Even if only partially at fault, a county can face joint and several liability, potentially paying more than its share if other defendants cannot. However, Arkansas law caps a local government’s liability to the extent of its policy limit for incidents involving its motor vehicles. Crucially, the minimum required insurance applies per vehicle involved. Therefore, total recovery against a county can exceed the $25,000 minimum if multiple insured county vehicles contribute to the injury (e.g., $50,000 for two vehicles) or the county possesses a policy with a higher limit.

Third, Arkansas’ statutory immunity does not shield counties and county officials from federal civil rights claims or claims under the Arkansas Civil Rights Act (ACRA).11 However, county officials sued in their individual capacities may invoke qualified immunity, which is analyzed under federal standards. A suit against an official in their official capacity is legally treated as a suit against the county itself.12 Conversely, a suit against an official in their individual capacity targets the official’s personal actions and assets. While statutory See “PURSE” on Page 14 > > >

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AAC

RESEARCH CORNER

PURSE immunity under § 21-9-301 protects against liability for negligent acts performed within the scope of employment, it does not extend to intentional torts. Therefore, this statutory immunity is not available in federal civil rights or ACRA claims as those claims require, by their nature, intentional acts. Officials sued individually for federal civil rights violations (42 U.S.C. § 1983) or under the ACRA may, however, assert qualified immunity, a distinct legal doctrine analyzed under federal standards that protects officials unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.13

County Court Exclusive Jurisdiction

Under the Arkansas Constitution, “The County Courts shall have exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the disbursement of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties.”14 The phrase “exclusive original jurisdiction” carries precise legal meaning and is defined as “a court’s power to hear and decide a matter before any other court can review the matter.”15 In practical terms, county tax disputes, claims for just compensation when county projects cause property damage (inverse condemnation), and claims regarding the disbursement of county funds must be filed in the county court. Plaintiffs often attempt to file claims in federal court under 42 U.S.C. 1983, alleging violations of constitutional rights. However, such claims are generally outside the jurisdiction of federal courts when they pertain to matters relating to county courts. Recent case law has determined that the term “relating to” does not mean automatic exclusive jurisdiction; rather, county courts have exclusive jurisdiction when an issue “obviously flow[s] from” a countyrelated matter.16 Arkansas courts have consistently enforced these jurisdictional boundaries. An 1884 case, Shaver v. Lawrence County, confirmed that disputes over county finances belong exclusively in county court and that a circuit court lacks jurisdiction to hear such a case.17 Modern decisions continue this trend. In one case, a taxpayer’s challenge to a tax assessment filed in circuit court was dismissed as improper because it should have started in county court.18 The rationale for this framework is to ensure that tax disputes are resolved efficiently and at the appropriate level of government. County courts are uniquely positioned to address local tax matters, and the requirement to exhaust administrative remedies before seeking judicial review in circuit court prevents unnecessary litigation and promotes judicial economy.19 As long as the 14

Continued From Page 13 < < <

claim does not go to the constitutionality of the tax itself (i.e. an illegal exaction claim), county courts have the exclusive original jurisdiction to hear the claim.

Consistent with the American Rule, Arkansas limits the power of county courts to award attorney’s fees or other statutory remedies to only those instances expressly authorized by state law.20 This limitation often influences where plaintiffs choose to file their claims, as county courts generally lack authority to grant attorneys’ fee awards even when a party prevails.

Takings and Its Connection with Jurisdiction and Immunity

Not all lawsuits against a county are traditional tort claims. Sometimes a plaintiff whose property is damaged by county action will frame the claim not as negligence but as a so-called (with reference to county) inverse condemnation claim. These claims allege that the county “took” their property for public use without just compensation and are a common attempt to work around the tort immunity barrier. The Arkansas Supreme Court case Chamberlain v. Newton County provides a significant example of these principles. In this case, the appellant, Rosemarie Chamberlain, alleged that Newton County constructed a roadway on her property without her consent or a formal grant, effectively taking her property.

She sought a mandatory injunction to stop the use of the roadway and to restore her property, as well as compensation for damages. The court, however, dismissed her claim for damages and held that trespass is a tort and that the trial court lacked jurisdiction.21 Furthermore, her request for an injunction failed because the road construction was already substantially completed; once significant work is done after a physical entry, the landowner’s remedy shifts from injunction to compensation.22 Crucially, inverse condemnation itself is not considered a tort action but rather a constitutional claim for just compensation after a taking by a governmental authority. It is important to note, however, that not every instance of property damage caused by county negligence constitutes a taking. A mere single event of negligence typically does not ripen into inverse condemnation.23 Even when a taking is established, the recovery process must comply with the statutory procedures governing county claims. Under ACA § 14-23-101 et seq., any person asserting a monetary claim against a county must submit an itemized account of the demand to the county court for review and allowance before payment can lawfully be made.24 Usually, a taking requires an intentional act by the municipality that substantially diminishes the See “PURSE” on Page 16 > > >

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AAC

RESEARCH CORNER

PURSE

Continued From Page 14 < < <

property’s value or a continuing trespass or nuisance that effectively amounts to a de facto taking over time.25

Contract Appropriation

Counties in Arkansas are subject to strict constitutional limits on their financial dealings. Arkansas Constitution article 12, § 4 provides that no county may “obligate itself to any debt or liability in any year which exceeds the revenue from all sources for that year.”26 In plain terms, a county cannot legally incur debt beyond what its current revenues can pay. This prevents counties from bankrupting themselves or binding future taxpayers to exorbitant obligations. It is the reason counties generally cannot issue long-term general obligation bonds without voter approval, and it is also why multi-year contracts must be handled carefully.

Arkansas courts have repeatedly held that a contract entered into without an available appropriation or to be paid from future revenues is void. The consequence of a contract being declared void ab initio (from the beginning) under Article 12, § 4 or for lack of a prior appropriation under ACA § 14-20-106 is severe for the vendor. Because the contract

is legally a nullity, the vendor cannot sue the county on the contract to recover payment, even if goods or services were delivered in good faith. The constitutional and statutory prohibitions are strict mandates designed to protect public funds.

When a contract is determined to be illegal or void, county officials respond by declaring a recission of the agreement.

This process involves returning any goods or property received as a cessation of the services.27 However, Arkansas law may sometimes offer a limited path for recovery outside the void contract itself, based on principles of equity. Under the doctrine of unjust enrichment, a vendor might be able to pursue a quantum meruit claim (“as much as he deserved”) to recover the reasonable value of the actual benefit conferred upon and retained by the county.28 This is not an enforcement of the contract but rather an equitable remedy to prevent the county from retaining valuable goods or services without any payment, where doing so would be unjust. To succeed, the vendor must prove that the county actually received and used the goods or services, thereby deriving a tangible benefit.29 Recovery is measured

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AAC by the value of the benefit to the county, not necessarily the contract price. This equitable avenue is not guaranteed and depends heavily on the specific facts demonstrating the county’s enrichment.

To navigate the restrictions of Article 12, § 4 while still entering into necessary multi-year agreements (such as leases for equipment or software contracts), counties commonly include a “non-appropriation clause” or “fiscal funding-out clause.”30 This contractual provision makes the county’s obligation to perform and make payments in subsequent fiscal years contingent upon the quorum court actually appropriating the necessary funds for that specific year. If the quorum court fails to appropriate the funds for a future year, the contract terminates automatically without penalty to the county, and the obligation does not carry over as a debt against future revenues.31 By including such a clause, the contract does not create an unlawful debt extending beyond the current fiscal year’s revenues, thus satisfying the constitutional requirements. Prudent practice dictates the explicit inclusion of such clauses in multi-year county contracts.

Conclusion

The doctrines of tort immunity, county court exclusive jurisdiction, and contract appropriation limits form a unique legal framework governing Arkansas counties. While sometimes viewed as procedural hurdles, these constitutional and statutory rules serve a vital purpose: safeguarding public funds and ensuring fiscal responsibility. Statutory immunity, primarily defined by the extent of liability insurance coverage, protects counties from unpredictable tort judgments that could disrupt essential services, though it doesn’t shield them from constitutional claims or intentional wrongdoing. The exclusive jurisdiction of the county court over matters like county taxes, roads, and compensation claims for property takings ensures that local financial matters are adjudicated in a specialized forum, grounded in local concerns. Strict appropriation requirements and the constitutional prohibition against obligating funds beyond current-year revenues prevent counties from incurring unsustainable debt and bind spending to the democratic process of appropriation.

Together, these principles require county officials, vendors, and citizens alike to navigate county dealings with careful attention to legal boundaries. They underscore the public trust inherent in county governance, demanding transparency and adherence to rules designed to protect the public purse for the benefit of the communities counties serve.

1.

2.

3.

Sources

Parish v. Pitts, 244 Ark. 1239, 429 S.W.2d 45 (1968).

Ark. Act 165 of 1969.

Lisa D. Tobin, Bly v. Young, Beaulieu v. Gray, and Carter v. Bush: The Arkansas State Employee Immunity

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RESEARCH CORNER

Trilogy, 41 Ark. L. Rev. 893 (1988).

4. Parish v. Pitts, 244 Ark. 1239, 429 S.W.2d 45 (1968) 5. ACA § 21-9-302 (Lexis Advance through all legislation of the 2025 Regular Session) 6. ACA § 21-9-303 (Lexis Advance through all legislation of the 2025 Regular Session) 7. Franklin v. City of Ozark, 2025 Ark. App. 308, 715 S.W.3d 882 (Ct. App.) 8. Sledge v. City of Pine Bluff, 2022 Ark. App. 23 (Ct. App.) 9. City of Caddo Valley v. George, 9 S.W.3d 481 (Ark. 2000) 10. ACA § 27-19-713 (Lexis Advance through all legislation of the 2025 Regular Session) 11. Benton Sch. Dist. v. Greer, 2023 Ark. 160, 677 S.W.3d 799 12. Simons v. Marshall, 369 Ark. 447, 255 S.W.3d 838 (2007) 13. Monk v. Rogers, 2021 Ark. App. 148 (Ct. App.) 14. Ark. Const. Art. 7, § 28 15. JURISDICTION, Black’s Law Dictionary (12th ed.

2024) 16. Centofante v. Ferguson, 2025 Ark. App. 303 (Ct. App.) 17. Shaver v. Lawrence Cnty., 44 Ark. 225 (1884) 18. Scott Cnty. v. Frost, 305 Ark. 358, 807 S.W.2d 469 (1991) 19. Little Scholars of Ark. Found. v. Pulaski Cnty., 2024 Ark. 106, 689 S.W.3d 428 20. Jean-Pierre v. Plantation Homes of Crittenden Cnty., 350 Ark. 569, 89 S.W.3d 337 (2002) 21. Chamberlain v. Newton Cnty., 266 Ark. 516, 587 S.W.2d 4 (1979) 22. Id at 521 23. Finch v. Carroll Cnty., 2014 Ark. App. 564, 445 S.W.3d 535 (Ct. App.) 24. ACA §§ 14-23-101 et seq.(Lexis Advance through all legislation of the 2025 Regular Session) 25. Robinson v. Ashdown, 301 Ark. 226, 783 S.W.2d 53 (1990) 26. Ark. Const. Art. 12, § 4 27. GANTT v. Ark. POWER & LIGHT Co., 189 Ark. 449, 74 S.W.2d 232 (1934) 28. Damascus v. Bivens, 291 Ark. 600, 726 S.W.2d 677 (1987) 29. Sanders v. Bradley Cnty. Human Servs. Pub. Facilities Bd., 330 Ark. 675, 956 S.W.2d 187 (1997) 30. Brown v. Stuttgart, 312 Ark. 97, 847 S.W.2d 710 (1993) 31. Id at 98 17

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SEEMS TO ME...

The state’s ad valorum tax fund: is it the sleeping dog?

W

e’ve all heard the old idiom, “Let a sleeping dog lie,” meaning don’t interfere with a situation or problem that is currently inactive or calm, because doing so is likely to cause trouble. The analogy comes from the idea that waking a sleeping dog is likely to make it snap or growl or even bite. The saying has been around for centuries, with the idea appearing in Geoffrey Chaucer’s poem “Troilus and Criseyde” in the 14th century.

Well, the Ad Valorem Tax Fund hasn’t been around that long, but it’s been around longer than anyone currently holding office. You probably didn’t know it existed — at least not until this past September when the county treasurers of Arkansas received a distribution from this fund for the first time in 72 years and eight months; the last time being in January 1953, according to my research.

None of you were in county office the last time a distribution was made from this fund to the county treasurers for distribution to local tax entities. That doesn’t mean it wasn’t there and that funds were not being deposited to the fund.

They were, but the fund balance was being used to “provide benefits” to the local tax entities such as counties, municipalities and school districts rather than sending it directly to the county for distribution to the local entities.

The Ad Valorem Tax Fund may be a “sleeping dog,” but it’s not a biting dog. My contention has always been that a county constitutional officer should know everything they can digest concerning county government operations. That’s the only way you can properly serve in your capacity as one of the officials in the executive branch — know the law and how the law affects your county’s operations. I don’t care what office you hold, you need to know the whole shebang of how county government works in enough depth that you understand how all the pieces of the puzzle fit together in county government.

It is the responsibility of the Arkansas Public Service Commission (PSC) Tax Division to render ad valorem assessments for utilities and carriers operating in Arkansas.

The assessors know this. Other county officials may not be aware of it.

I’m not going to bore you with the nitty gritty of the arduous assessment and collection process on this portion of ad valorem tax work performed by the Tax Division of the PSC, so read the whole article to get a glimpse of this part of property taxes you may not have known existed.

Information from the Tax Division of the PSC shows that during 2024 they valued and assessed the real and personal property of 83 telecommunications companies and 18

their operating subsidiaries, 45 cable television companies and their operating subsidiaries, 32 electric companies and coopEddie A. Jones eratives, three gas distribution County Consultant companies, 12 gas transmission companies, 12 pipeline companies, five solar companies, four water companies, 24 railroads, 468 private railcar companies, 22 airlines, 65 barge lines and 13,108 motor carriers. One hundred nine telecommunications companies offering services in Arkansas reported having no property in the state. The market value of the utilities and carriers valued by the Tax Division in 2024 was approximately $34,862,784,795. That number represents an assessed value (20 percent) of $6,972,556,959, which converts to an estimated property tax of $340,232,889.

The final assessment amounts for utilities and railroads are certified to the county assessors on or before July 15 to be placed on the county tax rolls for extension and collected locally. Motor carriers, airline, barge line and private car company assessments are certified to the Department of Finance and Administration in February of the year following the assessment for billing and collection. The applicable millage rates are applied to the assessments by county or state officials to produce the tax amounts to be billed and collected.

Each county will apply the millage rates approved by each tax entity and then levied by county ordinance. The assessments kept at the state level are calculated differently since they are assessments from all over the state representing different millage rates of the many taxing entities across the state. When the state extends ad valorem taxes against each valuation they use an average rate. The average rate of the ad valorem levy throughout the state is determined by totaling the millage rates for all purposes for each of the tax districts of the state for the assessment year and dividing the total obtained by the number of taxing districts in Arkansas.

When this system was first established in 1939 the collections flowed from the state to the county aid fund and were remitted to the county treasurers for distribution to the local tax entities. That changed with amendments to the law

by Act 168 of 1953. At that juncture, the money started flowing to the State Central Services Fund for payment of local audits by Arkansas Legislative Audit — cities, counties and school districts.

Later, when revenues of the Ad Valorem Tax Fund grew COUNTY LINES, FALL 2025

AAC sufficiently, the use of the fund was expanded to provide funding to other state agencies that provided help to local governments. Those included funding for the Tax Division of the Arkansas PSC as payment for the assessment of these properties, to the Department of Finance and Administration for the collection of the taxes, and to the Assessment Coordination Department — the agency that provides guidance and education to county assessors.

There are more recent revisions to the law that allow certain amounts of the Ad Valorem Tax Fund to flow to other entities when collections reach a certain point — such as the Arkansas Waterways Commission; the Arkansas River Navigation System Fund; the Arkansas Port, Intermodal, and Waterway Development Grant Program Fund, etc. Are these constitutional distributions? They haven’t been tested in court.

Many of you know that Amendment 47 to the Arkansas Constitution passed by the electorate in 1958 reads: “No ad valorem tax shall be levied upon property by the State.”

It is literally that short and concise. This amendment was proposed by the General Assembly in 1957 and was approved at the general election on Nov. 4, 1958, by a vote of 139,293 for and 108,135 against. I’m surprised this measure did not pass by a much larger margin, but that was the tally.

The Arkansas Supreme Court made a ruling in 1960 (Arco Auto Carriers v. State) and again in 1977 (Anderson Trucking Service v. Tax Division, Arkansas Public Service Commission) when these parties claimed the state of Arkansas was levying an ad valorem tax prohibited by Amendment 47. The Supreme Court ruled, “this is a county tax merely administered by a State agency for the purpose of efficiency, and therefore is not in violation of Amendment 47.”

There was some difference in these two cases, but the endgame decision of the Supreme Court was basically the same.

By the time of these cases, the tax money was being distributed to several specified state accounts, as it is now, pursuant to amendments to the law. The court ruled that “absent a clear showing that the ad valorem tax is being used for State purposes only, with no benefit to local governments, they would defer to the General Assembly’s judgment with regard to the use of the funds.”

When asked about the September distribution, I was told by DFA that the growth in the tax revenue for the Ad Valorem Tax Fund had finally outpaced the growth in expenditures for the state agencies funded with these ad valorem taxes.

I checked the growth rate of these taxes, and they have definitely grown over the last two decades. Here are the total ad valorem taxes collected by DFA for deposit to the Ad Valorem Tax Fund from FY 2002 through FY 2025 [the state’s FY runs from July 1 through June 30] COUNTY LINES, FALL 2025

• • • •

SEEMS TO ME...

FY 2002 $12,430,031.27 FY 2012 $17,065,391.16 FY 2022 $31,542,427.44 FY 2025 $40,527,564.97

The state’s fiscal year 2025 receipts for the Ad Valorem Tax Fund were $40,527,564.97, and the county treasurers received in total $4,215,013.47 in September of this year from that fund for distribution to the local tax entities.

That means the state of Arkansas used $36,312,551.50 for state agency expenses that are to be for the benefit of local governments.

The Public Service Commission Tax Division’s jurisdiction, duties and responsibilities are set forth in Arkansas Code Annotated §§26-24-101 through 26-24-123 and §§26-26-1601 through §§26-26-1803. It is quite a complicated process.

I guess I’ve kicked a sleeping dog, but county government officials and other local governments should be aware of how this works. It’s been going on for decades and many do not know this is happening — that some local ad valorem taxes are assessed and collected at the state level … and spent at the state level ‘for the benefit of local governments.’

It’s awful when you don’t know something is happening — but would be much better if you did. At the end of their first date, a young man takes the young lady back to her house, and they are standing on the front porch. Feeling the night went well, with an air of confidence, he leans with his hand against the wall and smiling, he says to her, “So, how ’bout a good night kiss?”

Embarrassed, she replies, “Oh, I couldn’t do that. My parents will see us!”

“Oh, come on! Who’s gonna see us at this hour?”

“No, please. I would just die of embarrassment if someone saw us.”

“Oh please, please, I really like you!”

“I like you too, but I just can’t!”

“Pleeeeease?” — As he’s still standing up against the wall of the house.

Suddenly, the porch light goes on, and the girl’s sister is standing at the door in her pajamas. In a sleepy voice she says, “Dad says to go ahead and give him a kiss. Or I can do it. Or if need be, he’ll come down himself and do it. But for crying out loud tell him to take his hand off the intercom button!”

Yes, it’s always better to know what’s going on. We can call the Ad Valorem Tax Fund the sleeping dog, but maybe we were sleeping. Don’t be unaware of what’s going on as it concerns your county government.

Will this be a distribution that we can count on from here on out, or will it continue to be a once-in-a-bluemoon distribution? We will have to wait and see.

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LEGAL CORNER

2024-2025 SCOTUS session a mixed bag for local governments (Part 2/2)

T

he 2024-2025 session of the U.S. Supreme Court (SCOTUS) brought several cases impacting local governments to the highest court in the country.

This year SCOTUS ruled on cases touching on everything from a potential increase in frivolous litigation against counties to upholding federal funding for broadband in underserved areas to protecting counties from Americans with Disabilities Act (ADA) discrimination lawsuits from retired former employees. This article is the second in a series of two articles covering recent SCOTUS decisions affecting counties. The first part was published in the previous issue of County Lines.

Stanley v. City of Sanford — Appellant Karyn Stanley is a retired firefighter for Sanford, Florida. At her time of hire in 1999, the city offered health insurance until age 65 for both those who retired with 25 years of service and those who retired early due to disability. The city changed its policy to reduce coverage for disabled early retirees to 24 months after retirement only. Stanley retired in 2018 due to disability and was entitled to 24 months of health insurance coverage after her retirement.

Stanley sued the City of Sanford under the ADA for providing reduced health insurance benefits to disabled early retirees as opposed to those who served 25 years. The city argued that Stanley was not entitled to bring a claim under the ADA because the Act defines “qualified individuals” against whom covered employers may not discriminate as someone “who, with or without reasonable accommodation, can perform the essential functions of the employment position that [she] holds or desires.

In this case, the Court ruled 8-1 to affirm the lower court’s ruling that retirees do not hold or desire to hold a position and are therefore not qualified individuals under the ADA who are entitled to bring a claim under the Act. This ruling allows local governments to retain the ability to change post-retirement health benefits without fear of lawsuits for discrimination. As local governments are looking for ways to save money amid rising costs, this flexibility is crucial to allow counties to spend tax dollars on services and benefits for current employees while balancing the need to take care of its disabled retirees. This ruling will help local governments avoid a flood of new litigation, which also bogs down finite budgets and resources.

EMD Sales, Inc. v. Carrera — In this case, the Court’s unanimous ruling also saved counties from a potential influx of litigation related to the Fair Labor Standards Act (FLSA). The Act, among other things, establishes overtime pay standards both in the private and public sectors. It requires employers to pay overtime at time and a half for working over 40 hours per 20

week. However, there are exceptions — 34 to be exact — where employers do not have to pay overtime at time and a half. One of these exceptions is that the employee was engaged in “outside LINDSEY FRENCH sales.”

General Counsel The issue before the Court was whether an employer must prove that an exception applies by a preponderance of the evidence (more likely than not) or by “clear and convincing” evidence, a much higher standard to prove. The district court applied the clear and convincing burden of proof, which was affirmed by the Fourth Circuit Court of Appeals. However, the U.S. Supreme Court unanimously held that the preponderance of evidence standard was the default burden of proof when the FLSA was passed in 1938 and continues to be so today. Exceptions can be found in statute if Congress desires a higher standard, mandated by the Constitution, or applied to “situations involving coercive Government action, such as taking away a person’s citizenship ...” The Court found that none of these exceptions applied to this application of the FLSA’s overtime rules, and therefore the preponderance of evidence standard of proof should apply, overturning the lower courts. This is a lower burden for local governments to meet to prove an exception existed and will prevent an influx of costly litigation and unnecessary overtime pay.

Federal Communications Commission v. Consumers’ Research — In 1996, Congress directed the Federal Communications Commission (FCC) to create a “universal service fund” (USF) to better provide telecommunications and broadband services to unserved and underserved areas, as well as promote competition in these markets with the goal of lowering costs. The four programs supported by the USF are: the High-Cost Program (ensures rural and isolated consumers in high-cost areas have affordable access to voice and broadband services), the Lifeline Program (makes telecommunications services more affordable for low-income consumers), the Schools and Libraries Program (makes telecommunications services affordable for schools and libraries), and the Rural Health Care Program (provides funding for essential telecommunications services to eligible health care providers including rural health clinics and local health departments).

In 1934, Congress directed the FCC to create and maintain the USF to make reliable communications available to “all the people of the United States ... at reasonable charges.” The See “SCOTUS” on Page 23 > > >

COUNTY LINES, FALL 2025

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AAC

GOVERNMENTAL AFFAIRS 2026 election roundup

In 2016, Arkansas voters overwhelmingly passed amendment 95, mostly known by our members as the four-year term amendment. Instead of welcoming new county officials to the family every two years, now it is every four years. 2026 brings the beginning of the third four-year term. This column is a summary of all the recent local state and federal filings and what we can expect from the 2026 election cycle.

I do not anticipate any changes to our federal delegation, but they all have contested races. Sen. John Boozman is not on the ballot this year. Sen. Tom Cotton picked up two primary challenges and two Democrat opponents. All four of our congressmen have general election opponents but only one — Rep. French Hill — has a primary challenger. There will also be a Democrat primary in the second district as well.

State Elections

Gov. Sarah Sanders has two Democrats running against her but no primary challenger. Attorney General Tim Griffin, Treasurer John Thurston, and Auditor Dennis Milligan are all unopposed. The only interesting statewide races are in the open constitutional offices, Secretary of State and Land Commissioner. The current Secretary of State Cole Jester and Christian Olson are both running for the Republican nomination for Land Commissioner. Most pundits believe the Secretary of State race will be the most competitive statewide race because there are three candidates running in the Republican primary — state Sen. Kim Hammer, Miller County Judge Cathy Harrison and Bryan Norris.

Courts

There are two open Supreme Court seats, but the currently appointed justices are running for the other’s seat. Justice Nicholas Bronni picked up a last-minute opponent from Little Rock, John Adams. When it comes to judicial races, it’s always beneficial to have the title of “Judge’ before your name or in this case, “Supreme Court Justice.”

State Senate

There will be five open seats in the senate and a special election to fill the late Sen. Gary Stubblefield’s seat. Former Rep. Mark Berry along with four other GOP candidates have jumped into that race. Sen. Reginald Murdock is termed out, and Rep. Jessie McGruder is the only Democrat in the race but will have a Republican opponent. Sen. Hammer is also termed out, and Saline County Sheriff Rodney Wright is running for this seat but has picked up primary and general election opponents. Sen. Fred Love is also termed out, and there are three candidates vying for the Democrat nomination — Sen. Love’s 22

wife, ShaRonda, Rep. Fred Allen’s wife, Charity, and Rep. Tara Shephard. Sen. Jane English is also termed out. Rep. Brandon Achor and Mischa Martin are vying for the GOP nomination.

Democrat Allison Sweatman Josh Curtis who lost to English last cycle is Governmental Affairs Director also running. Sen. Greg Leding cannot run because of term limits, and it looks like Rep. Denise Garner will replace him. There are three announced challengers for incumbents in the Senate. Majority Leader Blake Johnson has picked up a challenger, Rep. Jeremy Wooldrige. This is one of the hottest races in the state and has the potential of being the most expensive state senate race ever. Rep. Wooldridge raised almost $250,000 in the first 30 days and currently has $400,000 in the bank. Johnson has $200,000. Gov. Sanders is all in for Johnson in this race, already dropping multiple mail pieces and doing events for him. Another incumbent who has a race is Sen. Bryan King. Bobby Ballinger Jr. is running against him. Sen. Ron Caldwell also picked up a challenger, Trey “BoDirt” Bohannan. Gov. Sanders has publicly endorsed Ballinger and Bohannan. Last cycle only one new member was added to the Senate. There may be a few more new faces this time, but most likely the party makeup will not change and remain 29 Republicans and six Democrats.

State House

In 2024 the House of Representatives saw 13 new members.

2026 will bring a few more because there are members terming out, which hasn’t been the case since 2014. Currently there are 18 open seats, most of these seats are created by members being termed out or running for Senate (five) and even county judge.

There are a couple of seats to look at where the parties have swapped in the past few years, or the incumbent has a tough challenger. First a couple of 50-50 seats: Rep. Ashley Hudson beat an incumbent Republican a few cycles ago. She is being challenged by a Republican. Another competitive seat is in Northwest Arkansas’ District 9, which has flipped every other cycle in the last eight years. In Presidential years the Democrats win, and in nonpresidential elections, the Republicans win. Democrat Rep. Diana Gonzales Worthern currently holds this seat with Rep. Matthew Goff challenging her. A seat in Conway has been categorized as a swing seat, but Democrat state Rep. Stephen Magie has won close races in the past. Rep. Carlton Wing has resigned to be the head of PBS, and historiCOUNTY LINES, FALL 2025

AAC cally he has had close races. This seat is a 50-50 district with two good candidates running in the special election as well as in the regular election.

Rep. Wayne Long has a tough GOP challenger. He won his last election in a close runoff. Rep. Cameron Cooper has a Republican challenger being backed by the State Chamber of Commerce. Look for this to be a close race. Another race that was close last election was District 35 in east Arkansas. Rep. Jessie McGruder is running for the Senate, but Robert Thorne Jr. was a close second to him in 2024. Thorne is running again as a Republican, but five democrats also are running. Reps.

Matt Duffield, Dolly Henley, and Tony Furman picked up Republican primary opponents. However, it is very hard to beat an incumbent, especially in primaries.

Countywide Elections

2022 brought record turnover with county elected officials because it was the end of the first four-year term. We ordered a lot of food for all our new elect trainings; this year we will still have plenty of food but not nearly as much as 2022. We

SCOTUS FCC used its rate-regulation authority to lower rates of some consumers. In 1996, Congress created a new framework, requiring all interstate telecommunications carriers to pay into a USF to bear some cost for nationwide subsidy programs to benefit low-income and rural consumers, schools and libraries, and rural hospitals. It allows the FCC to add other principles consistent with the Act and “necessary and appropriate for the protection of the public interest, convenience, and necessity.”

The FCC created the “contributing factor” formula to determine how much carriers should contribute to the fund. The Commission appointed a private nonprofit entity as the USF’s “Permanent Administrator.” It manages the fund and helps produce financial projections that determine the contributing factor for interstate carriers. The FCC approves its estimates before the contributing factor is determined. Consumers’ Research petitioned the Fifth Circuit Court of Appeals to rule on whether this scheme violates the “nondelegation doctrine,” a notion that Congress can delegate its legislative power to other branches of government. However, Courts have long recognized Congress’s ability to “seek assistance” from the other branches and “vest[] discretion” with executive agencies to carry out the laws Congress passes. Congress must make clear the “general policy” for the agency and the boundaries of the agency’s authority.

Consumers’ Research argued that the carriers’ contributions amounted to a tax and is beyond the scope of the FCC to legislate. They argue that since the fee on carriers is essentially a tax, COUNTY LINES, FALL 2025

GOVERNMENTAL AFFAIRS

will see at least 23 new county judges. 2022 produced 38 new judges. There could be a few incumbents who get beat so this number will most likely increase. The sheriffs will see at least 20 new faces, but I can almost guarantee this number will increase because there are a lot of incumbents who have multiple challengers. There will be at least 19 new circuit clerks, with not many challengers for incumbents. County clerks will see 15 new faces while collectors and assessors will have 20 new officials each. In addition, there will be 21 new treasurers and 25 new coroners. We will have at least 130 new justices of the peace on quorum courts around the state. New elect time always brings a bit of mixed emotions for us at the AAC. Watching friends retire is sad but there is a silver lining with new, energized officials. Every new beginning comes from some other beginning’s end.

See the county races in our 2026 Primary Election Guide at https://www.arcounties.org/site/assets/files/6713/2026_candidates_before_primary.pdf.

Continued From Page 20 < < <

that a special nondelegation rule would apply, and Congress must limit or define how much an agency can collect. Since Congress did not implement such a limitation, they argue that the portion of law is an unconstitutional delegation of Congress’s legislative authority. The Fifth Circuit Court of Appeals agreed with this argument upon rehearing the case. However, the Sixth and Eleventh Circuits rejected it, resulting in a split between circuits that the U.S. Supreme Court decided to settle.

The Court rejected Consumers’ Research’s assertion that the contributing factor required by interstate carriers is a tax and ruled that the law does not fall under a special nondelegation rule limiting or defining how much an agency can collect. The Court stated that dozens of federal statutes passed by Congress empower executive agencies to collect money without setting a limit or cap. The Court ruled that it need not decide whether the contributing factor is a fee or a tax. The Court stated that Consumers’ Research’s position “produces absurd results, divorced from any reasonable understanding of constitutional values.” It then ruled that under the standard “intelligibleprinciple” test, Congress’ delegation of authority to the FCC to collect “sufficient” contributions to support the programs set both a floor and ceiling and is a meaningful limit on the FCC. This ruling is a huge win for counties, both rural and urban, nationwide. USF programs are a vital part of providing broadband and telecommunications services to millions of U.S. citizens and essential to the equitable access of these services to all Americans.

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A

CONTINUING EDUCATION Don’t take it personally

fter decades of public service — first as a city Then, when appropriate, I ask, council member, Chamber of Commerce board “What does a solution look like to member, and participant on numerous commu- you?” That question helps people nity committees and political initiatives, and later visualize what they actually want. as a middle school teacher — I’ve learned one uni- Once that picture is clear, it’s versal truth: dealing with people isn’t always easy. Especially easier to explain what’s possible, what’s not, and where comprodifficult people.

MICHAEL ROYS Over the years, I’ve had my share of disagreements, criti- mise might exist.

ACE Program Coordinator cisms, and even a few heated conversations. Whether it was The Power of Calm and over a city decision, a classroom policy, or a community projCourtesy ect, not everyone saw things my way. And since the rise of When an upset citizen walks in, I’ve found that a little kindsocial media, expressing opinions has become instantaneous ness goes a long way. Greet— and often unfiltered. Plating them warmly — “I’m forms like Facebook and Insglad you’re here; let’s talk ne of the most valuable lessons I’ve tagram have made it effortless about it.” — can completely for people to voice frustrachange the tone of the inlearned is to listen to the words betion without pause or conseteraction. If both parties get quence. frustrated, progress stops. ing spoken — not the emotion behind them.

For county officials and Staying calm, even when it’s staff, this reality can make the That’s easier said than done, but it’s essential. hard, keeps the conversation workday feel more personal productive.

When I began focusing on what someone than it should. You interact Too often, we listen to respond instead of listening to daily with citizens —many was actually saying rather than how they were understand. True listening kind, some frustrated, and a means setting aside our own few who are downright angry. saying it, I was able to identify the real issue need to defend and focusing The challenge is learning not instead on what the other to take their words personally instead of reacting defensively. person is feeling and comwhile still providing profesmunicating. Especially tosional, compassionate service. day, when fear, uncertainty, and information overload weigh on so many people, empathy Listening Beyond the Emotion matters more than ever.

It took me years to learn that I cannot please everyone. Early

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in my career, I often took disagreements as personal criticism.

But I’ve come to understand that most people simply want to be heard. When someone walks into your office upset, they’re not necessarily angry at you; they’re upset about a situation, a process, or a misunderstanding.

One of the most valuable lessons I’ve learned is to listen to the words being spoken — not the emotion behind them.

That’s easier said than done, but it’s essential. When I began focusing on what someone was actually saying rather than how they were saying it, I was able to identify the real issue instead of reacting defensively.

My instinct used to be to jump in with a quick response or explanation. Now, I pause. I take a breath. Often, my first response is something simple: “I’m sorry you feel that way,” or “Tell me more about that.” That small pause gives me time to process — and it lets the other person feel heard.

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Adapting to a Changing World

The world has changed dramatically since I first served in public office. There was no social media then, and the internet was barely emerging. Today, people have instant access to information — accurate or not — and it’s rewiring how we think, communicate, and react. Add to that the social shifts brought on by COVID-19, rising costs, and daily uncertainty, and it’s easy to see why emotions can run high.

That’s why understanding your role is so important. As an elected official, your responsibility is to serve all citizens — those who voted for you and those who didn’t. Leadership isn’t about being the boss; it’s about guiding, encouraging, and empowering your staff to serve others with patience and professionalism.

Practicing Gratitude and Grounding COUNTY LINES, FALL 2025

AAC Each morning, as I make my coffee, I take a few moments for personal reflection. I write down three things I’m thankful for and three things I want to accomplish that day. They’re not always big goals. Sometimes they are as simple as “be kind,” “finish a task,” or “go for a walk.”

I’ve learned that three is the right number for me. Too many goals can feel overwhelming; too few can lack focus. This small routine keeps me grounded and helps me approach each day with purpose and gratitude. I also jot down one sentence describing what would make the day successful. It’s a centering habit that keeps me focused on what truly matters.

Empathy and Patience Go Hand in Hand

We rarely know what someone else is carrying — financial stress, health issues, family struggles, or loneliness. Approaching each person with empathy doesn’t mean you agree with them; it simply means you acknowledge their humanity.

Sometimes, helping a frustrated citizen means taking extra time to explain a process or finding an alternative solution.

That extra effort might feel inconvenient in the moment, but it often turns a critic into a supporter. One positive experience

CONTINUING EDUCATION

can ripple far beyond that single encounter.

Relying on Each Other

Finally, remember that you’re not alone. One of the greatest strengths of the Association of Arkansas Counties is our motto: “75 Counties, One Voice.” Collaboration is our advantage.

Don’t hesitate to reach out to colleagues in other counties for ideas, advice, or support. We’re all facing similar challenges, and we can all learn from one another.

Final Thought

Most people who come into your office aren’t out to attack you personally. They’re looking for answers, understanding, and a little reassurance that someone cares enough to help.

When you learn to separate emotion from intent — and serve with empathy, patience, and gratitude — you’ll not only protect your own peace of mind, but you’ll also strengthen the trust and respect of those you serve.

At the end of the day, public service is about people. And when you remember not to take it personally, you make it possible to keep serving with purpose.

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COUNTY LINES, FALL 2025

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LITIGATION LESSONS Trudging the road of happy destiny

I

’m a cis white male middle-aged American. I’ve already enjoyed multiple lifetimes worth of privilege associated with my immutable characteristics and life circumstances.

I spent the first 30+ years of my life enjoying the blissful ignorance of overconfidence, and truly believing I’d never been wrong about anything, never lost an argument, always won at everything. I’m competitive by nature.

I’m a lawyer, and a good one.

For about 15 years — in theory, my best years — I was faithfully committed to booze. By my late 20s, daily drinking had become miserable, but I couldn’t stop. I eventually admitted my powerlessness over alcohol (alcoholism) and became willing to accept help, which was freely provided in the rooms of recovery.

I’m grateful for my addiction experience and the (tiny bit of ) humility that was gifted to me along with countless other gifts and promises of sobriety. I know what it’s like to be trapped in hell, and I know what it’s like to be shown the way out.

I have a high-performance brain, especially without the bondage of active alcoholism, which hijacks the brain. I’m good at tests, legal writing, quickly producing quality work product, and a few other specific things. My best grade in law school came in a first-year class where most folks didn’t finish the test in the allotted time. I misread the clock at the outset, set the wrong pace for myself, and turned in my exam an hour early, thinking we were seconds away from the end. I was surely drunk already when time was called, while many classmates had to submit incomplete exams. I tend to perform well under pressure.

I would describe my baseline state of mental well-being as “happy.” I’ve felt happy for most of my individual moments and days, and most of my aggregate life. I believe there is something to the notion that happiness is something we seek for its own sake, perhaps even the highest good.

I’m happy about being happy. One of my friends in recovery likes to accuse me of being “pathologically happy,” which is hilarious and mostly true, and which is meant as a high compliment and aspiration. Throughout my life, I’ve often referred to myself as the luckiest person alive or the luckiest person you know. And I believe it.

I’ve never thought of myself as a nervous person, but I’ve always been very high energy and relentlessly positive — except for those final few years of miserable drinking.

In the summer a few years ago — more than a decade after my last drink (one day at a time) — my wife was invited to the White House for an event. She invited me to accompany her for her trip, though I was not invited to the White House. We booked a fancy room at the Hay-Adams hotel 26

and we hopped on a plane to Washington, D.C. I’ve always been uncomfortable with flying, but willing to tolerate it. I don’t like heights, and I have a long history of Colin Jorgensen physical injuries that I attribute Litigation Counsel at least partially to gravity. This particular flight to D.C. was very turbulent. I don’t like turbulence.

This was not turbulence where somebody gets injured or killed from extreme bouncing. It was two solid hours of persistent mid-level turbulence, and I think I held my breath for the entire two hours. But we landed safely in D.C., went to check into the hotel, and went to a nice restaurant for lunch.

After lunch, my wife and I took a long walk along the mall, exploring a few museums. We were having a blast, and I was grateful to be there with my wife despite the awful flight.

Several hours after we landed in D.C., I began to grow hot (not unusual for me) and tired (very unusual for me).

We had to stop for me to rest a few times (very unusual), but we eventually made it back to the Hay-Adams. My wife grew concerned about my apparent extreme fatigue, but I insisted that I was just tired for reasons I couldn’t explain. In the hotel lobby, my condition deteriorated, and I collapsed into a chair because I could hardly stand. My wife got me a soda because she thought maybe I was having a blood-sugar problem, though I don’t have blood-sugar problems and we ate lunch just a few hours earlier.

I gathered the strength and resolve to slowly get on the elevator and up to our room, where I collapsed on the bed.

I’ve never felt so weak in my life. I could barely move. For a few hours, I rested — though I didn’t sleep, I laid perfectly still. Laying perfectly still is not something I generally excel at — but in this moment in time, it took all the strength I could muster to simply talk or raise my head.

I eventually sat up and started to feel somewhat better. My wife and I did not know or understand what was going on with me, but we were both hopeful that whatever it was, it was passing. We eventually decided to leave the hotel to get dinner at a nearby restaurant.

As soon as I was up and moving around (slowly), the extreme fatigue began setting in again. When we walked outside, I couldn’t take a few steps without stopping to rest, and the utter physical weakness kept getting worse and worse. I told my wife I couldn’t walk to the restaurant and needed to go back to the hotel room. We eventually made it back to the room, and my wife got us takeout for dinner in the room. I stayed in bed until the next morning. When I stopped trying to move around and laid still, I thought my condition COUNTY LINES, FALL 2025

AAC improved.

Whatever was happening to me, when it overwhelmed me as it continued to do, I felt like I was struggling to breathe, and my heartbeat was out of sync, and I was essentially paralyzed with weakness. Any physical movement required my full concentration, and it felt like I had to flex my muscles to their maximum strength, just to perform a simple movement.

The next morning, my wife got ready to go to the White House and we agreed that I would stay in bed and rest. I didn’t try to do much, but I could tell that I was still weak. I also felt hung over from the difficulties of the day before. My body ached all over with sore muscles. It felt like the soreness was derived from all that maximum flexing just to do something simple like sit up. It was a level of soreness that I’ve only felt before when I completely overdo it on physical activity to the point of exhaustion. But I barely moved the day before aside from walking around for a couple of hours.

When my wife returned from her event, I was not well, and we decided to go to a nearby medical clinic. As soon as we got downstairs and started walking outside (very slowly), I was overcome with another wave of whatever-the-hell this was. I could barely move, but we slowly made our way to a medical clinic that was probably two blocks from the hotel.

By the time we got to the medical clinic, I collapsed to the ground in exhaustion, sitting on the sidewalk, leaning against the storefront, not moving. I complained about my breathing and heartbeat and inability to move. My wife tried to get the medical clinic staff to come outside to see me, but they feared that I was suffering a heart attack and they would not come outside to treat me. My wife called an ambulance, and I was taken to a D.C. hospital emergency room.

We were at the ER for about 24 hours, completely missing our second night at the Hay-Adams. My condition stayed mostly the same — extreme fatigue, difficulty moving, difficulty breathing, difficulty with everything, and a persistent feeling that all my body systems were shutting down.

The medical experts ultimately concluded that there was no detectable medical emergency or physical explanation for my symptoms. We were released just in time to return to the hotel to get our stuff and catch our flight home. My wife had to do everything because it took all my concentration and energy to move myself from place to place (very slowly).

Over the next several days back home, my extreme weakness and other symptoms slowly improved, albeit with a lot of two-steps-forward-one-step-back. I was physically sore all over for a week. I still felt like my systems were in partial shutdown mode. After a few days, I was able to walk around and do lightweight activities without completely exhausting myself. But sometimes there were episodes that came in waves and flattened me. During the episodes, it again took all my strength to do any physical movement, and I again felt COUNTY LINES, FALL 2025

LITIGATION LESSONS

short of breath. Over time, my general energy level returned to normal (almost?), and the episodes became less frequent and less severe — but they did not stop entirely.

The D.C. hospital suggested that I follow up with my physician, which I did, and he referred me to both a cardiologist and a pulmonologist. I wound up wearing a heart monitor for a month and doing a stress test with the cardiologist, after which he declared that “you have a beautiful heart!” The pulmonologist also conducted tests and concluded that my lungs were in fine shape.

In the months of consultation with my general practitioner and the cardiologist and the pulmonologist, I mostly recovered from whatever happened in D.C., but I continued to have episodes of various strengths and lengths of time. If a wave was particularly strong, I might be essentially immobilized for an hour or two, or for the rest of the day, with all the usual symptoms, and sometimes with soreness for a day or days thereafter.

About six months after the trip to D.C., my doctor and I agreed that what happened in D.C. was a severe anxiety attack triggered by the turbulent flight. It seemed impossible that a “panic attack” could be so powerful and could have such crippling physical effects for so long, but apparently it is not impossible, and it was the only reasonable explanation.

This also explained the subsequent episodes/waves, which are simply additional anxiety attacks. And apparently, it also explains the weird stuff — like using all my strength to barely move, then being sore for days from that huge workout.

A few years have now passed, and I continue to have anxiety attacks of various strengths and durations, though I’ve not had another one as big and powerful as that first one. It is helpful to know what’s going on (or at least think I know), so I don’t fuel an anxiety fire with additional anxiety about a possible heart attack or something else scary but inapplicable.

I know that I’m ok and it will pass eventually, even though it never feels that way. My doctor has prescribed medication, which I think has reduced the frequency and severity of the episodes, but I can’t be sure. It’s also helpful to know that additional help is available if needed, including counseling and peer support.

Even though I had several episodes while wearing the heart monitor and I swear I felt many irregular heartbeats, the heart monitor recorded nothing irregular. It’s helpful to know that even though it feels like I can’t breathe and my heart isn’t beating right, in fact I am breathing fine, and my heartbeat is totally normal.

I’ve confirmed that even though it feels like my body is shutting down completely, my body is not shutting down.

I’ve also learned that when I feel like I need to flex to the max See “DESTINY” on Page 30 > > >

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I

CYBER CORNER MDR: Your cybersecurity lifeguard in a sea of threats

magine having a team of cybersecurity experts watching over your digital systems 24/7. They’re not just waiting for alarms to go off — they’re actively hunting for threats, investigating suspicious behavior, and jumping into action before damage is done. That’s Managed Detection and Response (MDR) in a nutshell.

Unlike basic antivirus software, which only reacts to known threats, MDR combines smart technology with human expertise to detect and respond to both known and unknown dangers. It’s like having a security guard who not only watches the cameras but also knows exactly what to do when something goes wrong — and does it fast.

Cyberattacks are no longer rare events. In fact, the average cost of a ransomware attack in 2024 was $2.73 million, and that number is climbing. Hackers are getting smarter, and many organizations simply don’t have the time, staff, or know-how to keep up.

That’s why nearly 50 percent of organizations are expected to adopt MDR services by the end of 2025. It’s not just a trend; it’s a necessity.

One of the biggest advantages of MDR is the human touch. While software can detect anomalies, it takes trained professionals to understand context, investigate threats, and make quick decisions. MDR providers offer access to Security Operations Centers (SOCs) staffed by elite analysts who work around the clock.

These experts don’t just respond to alerts, they proactively hunt for threats, analyze behavior, and even perform root cause investigations to prevent future attacks.

Let’s break down the acronyms: • • •

MDR (Managed Detection and Response): Combines technology and human expertise to monitor, detect, and respond to threats.

MSSP (Managed Security Service Provider): Offers broader IT services but may lack the deep threat-hunting capabilities of MDR. SIEM (Security Information and Event Management): Collects and analyzes logs but doesn’t actively respond to threats.

• MDR stands out because it’s outcome-focused — designed to stop threats, not just report them.

In one Arkansas county, MDR software flagged suspicious activity late at night. Someone was scanning systems from 28

a compromised email account.

Before anyone in the office even knew something was wrong, the MDR team had isolated the Jim Grinder threat and prevented a breach.

Cyber/Network This kind of rapid response is Security Engineer what makes MDR invaluable, especially for organizations without full-time IT staff.

Building an internal SOC can cost over $735,000 per year. MDR offers similar protection at a fraction of the cost.

It’s ideal for counties, cities, and small businesses that need robust security without breaking the bank.

Plus, thanks to programs like the State and Local Cybersecurity Grant Program (SLCGP), many organizations can access MDR services at no cost.

Modern MDR solutions integrate seamlessly with existing tools like firewalls, antivirus software, and cloud services.

Whether you’re using CrowdStrike, SentinelOne, or Sophos, MDR can enhance your current setup without requiring a complete overhaul.

Multi-tenancy features also allow parent organizations to monitor sub-entities while maintaining individual dashboards.

With MDR in place, your team can focus on strategic initiatives instead of constantly reacting to alerts. It reduces alert fatigue, improves compliance, and gives leadership the confidence that their digital assets are protected.

If you’re considering MDR, here are a few questions to ask: • • • • •

What kind of threats does the service detect?

Is the monitoring truly 24/7?

How quickly does the team respond to incidents?

Can it integrate with your current systems?

What’s the onboarding process like?

Many providers offer demos, pilots, and even webinars to help you understand how MDR works in real time.

Cybersecurity isn’t just an IT issue; it’s a business imperative. Whether you’re protecting sensitive data, maintaining public trust, or simply trying to avoid costly downtime, MDR offers a powerful, proactive solution.

Think of it as your digital lifeguard — always watching, always ready, and always working to keep your organization safe.

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RISK MANAGEMENT SERVICES

The critical role of ongoing training in county jail risk management

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perating a county jail presents unique and sig- of travel or of the training itself nificant risks that go far beyond those faced by presents an obstacle to taking most county departments. In fact, roughly 80 advantage of training opporpercent of workers’ compensation claims and tunities. Simply presenting a 90 percent of general liability claims originate in the county new hire for the required “basic jails. County jails must manage not only the safety and secu- jailer course” is insufficient to JaNan Thomas rity of inmates and staff, but also comply with complex legal protect that employee or the RMS Counsel standards, address mental health crises, and respond to evolv- county for years of service. At ing threats such as contraband, violence, and medical emerthe AACRMF, we strive to gencies. The consequences of inadequate risk management in present or assist you in presentthis environment can be severe — ranging from injuries and ing training opportunities either locally or regionally so you deaths to costly lawsuits and loss of public trust. may be able to best utilize the risk-management resources Some examples of the unique and serious risks at play in within or through our staff. the daily operation of a county jail are: • Inmate health and safety: Failure to recognize or Why is ongoing training so important? respond to medical or mental health needs can result First, to protect the county from County/Official Capacin tragic outcomes ity Liability. Courts have and substantial repeatedly found that a liability. county’s failure to pro• Use of force and vide proper training can ourts have repeatedly found that a county’s civil rights: Jail staff constitute “deliberate must make splitfailure to provide proper training can consti- indifference” and expose second decisions the county to liability that can have conunder federal civil rights tute “deliberate indifference” and expose the county stitutional implicalaws. Regular, docutions. Inadequate mented training is not to liability under federal civil rights laws. Regular, training can lead just best practice, it is a documented training is not just best practice, it is a to excessive force legal safeguard for your claims or violations agency and for your chain legal safeguard for your agency and for your chain of of command. of inmates’ rights under federal law.

Second, on-going traincommand.

• Contraband and ing reduces human error facility security: and preventable incidents.

The introduction of A significant percentage drugs, weapons, or of jail incidents — such other contraband as inmate deaths, escapes, poses ongoing threats to safety and order. or injuries — stem from human error or lapses in procedure.

• Operational errors: Mistakes in cell checks, intake Ongoing training ensures that staff remain proficient in critiprocedures, or documentation can have life-or-death cal skills, from suicide prevention to use-of-force protocols, consequences and are often cited in litigation. and that they understand the importance of accurate docu• Mental health crises: County jails are increasingly mentation and compliance with policy. tasked with housing individuals with acute mental In addition, there can be no dispute that the jail enviillness, often without adequate resources or training, ronment is dynamic. New threats, technologies, and legal leading to operational challenges and increased risk of requirements emerge regularly. Ongoing training allows staff injury or liability. to stay current with expectations of the command staff, to The number one means of managing these risks is ongoadapt to changes in law or policy, and to respond effectively ing training. For many, staff shortages lead to an inability to to new challenges — such as the management of inmates cover shifts during absences for training. For others, the cost See “JAIL” on Page 30 > > >

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RISK MANAGEMENT SERVICES

JAIL with complex medical or mental health needs.

The jail presents an environment where employees must work as a team and where culture and morale are paramount for employee retention. Regular training reinforces a culture where safety, ethics, and compliance are shared responsibilities. It empowers employees to recognize risks, report concerns, and intervene appropriately. Leadership training for supervisors and administrators is equally critical.

Finally, well-trained staff are the county’s first line of defense against lawsuits and reputational harm. Training records can demonstrate due diligence and a proactive approach to risk management, which is invaluable in defending against claims of deliberate indifference.

In the high-risk environment of a county jail, ongoing employee training is not optional; it is a strategic necessity.

It protects inmates, staff, and the county itself by reducing preventable incidents, ensuring legal compliance, and

DESTINY just to move around, I’m not really flexing to the max — but my brain thinks I am, so I feel that sensation in the moment.

And sometimes I even feel soreness for days thereafter.

In sum, I’ve learned that this is all in my head! The weakness, the inability to move, the shortness of breath, the irregular heartbeat, even the muscle soreness that sometimes lasts days, are all hallucinations. It is the strangest thing —so frustrating yet reassuring at the same time.

The most important thing I’ve learned is that anxiety attacks are a common mental health challenge — not entirely understood, but a real thing. I’m not alone. And I’m not crazy, even though it feels crazy to have such strong bodily symptoms residing only in my mind.

The fact that I’m not terminally unique — that this is garden variety stuff that happens to lots of folks — was also one of the most important things I needed to learn about alcoholism. And the same is true for anxiety attacks and other mental health challenges. Nobody chooses or deserves to be an alcoholic, or to suffer panic attacks, and those who face such challenges should not be stigmatized. I have little control over the fact that I have anxiety attacks, and I sure didn’t choose it! But as with alcoholism, once a cucumber turns into 30

Continued From Page 27 < < <

fostering a culture of professionalism and accountability. By investing in continuous training, counties can transform risk management from a set of policies into a living practice that safeguards everyone involved.

For many agencies, using a 15-minute window at shift change for a quick training tip is an easy modification that allows you to reinforce county policy on high-risk topics such as medical care and use of force. You may have video available of events that evidence a policy application, allowing you to use that video as “flight simulator” training to show detention officers the best way to handle a similar event right in the halls of your own facility. If you need assistance in presenting or locating training opportunities in your county jail, please contact me at jthomas@arcounties.org or Gary McClain, our Loss Control Specialist, at gmcclain@arcounties.org.

Continued From Page 29 < < <

a pickle, it can’t be a cucumber again. What was true before that mega attack in D.C. remains true after: acceptance is the answer to my problems today.

I’ve learned how to respond to the challenges of anxiety, and how to live well despite the challenges. I’ve learned to practice acceptance and stop asking why. I’m not ashamed to be a recovering alcoholic, and I’m not ashamed to experience severe anxiety.

Perhaps it is even true that, as with alcoholism, crippling anxiety has forced a reckoning that has ultimately made me into a better person.

Perhaps it is even true, as with alcoholism, that these symptoms and consequences of severe anxiety are the downside of many blessings that I enjoy — from my high-performance brain to my general happiness and love of life.

Perhaps it’s not possible to enjoy such magnificent blessings without overheating my brain on occasion. Who knows.

Regardless, I’ve come to believe that my blessings and curses are concomitant and inseparable. And again, I’ve stopped asking why.

It doesn’t matter if I’ve got it all figured out or not (I don’t!).

I’m grateful for all of it. And I wouldn’t change a thing.

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FEATURE

ARORP director receives national leadership award

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rkansas Opioid Recovery Partnership (ARORP) Director Kirk Lane has been named the recipient of the 2026 Community AntiDrug Coalitions of America (CADCA) National Leadership Award. Lane is one of three winners who will be honored during the 36th Annual National Leadership Forum Feb. 2-5 at the Gaylord National Resort and Convention Center in National Harbor, Maryland.

“Our honorees represent the very best of public service and community leadership, and we look forward to celebrating their achievements at our National Leadership Forum,” according to a statement by CADCA President and CEO General Barrye L. Price, Ph.D. “These distinguished leaders have shown what it means to stand up for the well-being of our communities.”

Gen. Price recently attended the ARORP Partners Meeting in Saline County where he spoke highly of Lane and the entire ARORP team.

“There is no state like Arkansas. Nobody is doing better,” Price said, adding that because of Lane and his team’s success other states are looking to Arkansas as a model.

According to Gen. Price the work done in Arkansas “is really the envy of COUNTY LINES, FALL 2025

all the states that are receiving opioid settlement funds.”

Lane was even subpoenaed to speak at a hearing in New York involving Purdue Pharma. Arkansas was the only state that was invited to speak to explain how they are using the settlement money, Price said.

Along with being a model for other states, the team at ARORP is always looking for best practices and programs that are working well in other areas.

One piece of ARORP’s work is a partnership with CADCA, an association that equips coalitions across the globe.

Currently CADCA has a network of more than 7,000 coalitions.

“At the core of CADCA’s creation is the belief in the effectiveness and efficiency of local coalitions as catalysts for drug-free communities globally, combating substance misuse through the implementation of comprehensive strategies for community change,” according to a news release.

As a result of this partnership, seven of 13 ARORP-supported coalitions were awarded Drug-Free Communities grants, bringing $4.3 million in federal investment to Arkansas communities, according to a news release.

When asked about the CADCA National Leadership Award that Lane will receive, Price explained that it is the highest award that CADCA gives out annually.

“It is really for somebody who does something over and beyond that demands national recognition,” he said.

Last year’s recipient was Anne Milgram, former administrator for the Drug Enforcement Administration and the creator of the One Pill Can Kill public awareness campaign to warn about the surge of deadly, fake prescription pills.

ARORP Deputy Director Tenesha Barnes said she is elated that Lane will be honored with this national award.

“He doesn’t want to be recognized. He just wants to do the work, but as a person that is working with him, I’m elated for him because he deserves it,” she said.

“I just want him to be appreciated because what he is doing is phenomenal.

He is moving the needle.”

Barnes said under Lane’s leadership programs for prevention, treatment and recovery have been pulled out of silos and instead have become a joint effort. “(Other states) will see that Arkansas is now in the race of ending this opioid epidemic. We are a state to be looked upon, not just for doing things that are right but things that are forward thinking and for doing things that can pull the multitude together,” she said.

When reflecting on the award Lane said he is reminded of all the people who are involved in ARORP. “I look at this leadership award as it reflects on all the partnership as it has truly been an all-in effort to make the program successful. The work of the attorneys and legal teams that made the funding possible, to the executive team and the ARORP board that work to support our efforts and keep us guided on the path.

The entire ARORP for their endless commitment to excellence and to all the partners that are making the difference,” he said. “This program is not about the dollars but it’s about heart and the hard work to change a culture that has led to heartbreak and death. A culture fueled by greed despite personal demise and death.

A culture that needs to change so that future generations can live healthy.”

Lane was appointed by Gov. Asa Hutchinson on Aug. 7, 2017, to serve as state drug director. Previously, Lane served as the chief of police for the city of Benton. Lane began his law enforcement career in 1982.

– By Sarah Perry 31

AAC

COVER STORY Breaking Ground Board members: expansion project rooted in serving counties

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Top: A rendering shows the 20,000 square-foot addition to the current AAC headquarters. The addition will include a courtyard level plus three other floors. Bottom: The third floor of the new addition will feature a 100-seat meeting room with an outdoor space looking out onto the state Capitol. Opposite Page: The AAC Board of Directors, AAC Executive Director Chris Villines, and architects from Witsell Evans Rasco pose with shovels in hand during the groundbreaking on Nov. 19.

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ith hard hats and shovels in hand, the AAC Board of Directors and staff recently kicked off the construction of a 20,000-square-foot addition to the AAC office.

This addition will have a courtyard level and three other floors. The new space will feature offices and meeting spaces for current staff and additional offices that can be used as the association grows.

For Pulaski County Treasurer/Collector Debra Buckner, who has served on AAC’s Board of Director as the budget committee chair for several years, the additional space was a must have for the association to continue serving county officials across the state.

“We know the value for the next 50, 100 years here that the Association of Arkansas Counties, which is very prominent at the Capitol and very prominent in all 75 counties as a resource. We knew this expansion COUNTY LINES, FALL 2025

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was going to come and sure enough, when it did, we were well positioned to take advantage of it,” she said.

Baxter County Sheriff John Montgomery, who is also a longtime board member, said he knows first-hand the importance of the AAC staff. He also shared similar feelings about the need for additional space.

“Without a doubt the employees and the staff at AAC have made my job easier as sheriff over the years,” he said. “The service that AAC provides to the counties is invaluable, and we just keep expanding the services and things that we offer the counties and that requires more and more personnel and more accommodations whether it be media rooms or meeting rooms, etc.,” he said.

The expansion will also feature a new conference center and a production studio to be used by AAC’s communications staff. Both spaces will be vital for the continued education of county officials and employees.

“We need to do more and more and more education for elected officials,” Buckner said while pointing to constant changes in personnel and laws. “There is a steep learning curve in county government. I’m included. I’ve been here 25 years and trust me, I’m still scratching my head everyday about something.”

For county officials who are unable to attend in-person trainings, the communications staff at AAC have been creating video trainings that are currently available on the AAC website. This service will be expanded as the new production studio will allow for staff to reach and train county officials and employees in new ways. The AAC communications staff is currently reaching out and working with other state associaCOUNTY LINES, FALL 2025

COVER STORY

tions to learn how to outfit and best put the new studio to work.

According to Buckner, the expansion project is continuing the association’s track record of being innovative.

“The wonderful thing about the Association of Arkansas Counties is that we are always in a progressive mode. We are always looking for new technology, what’s going on in the legislature and how can we help counties,” she said.

According to Buckner this long-range project included two steps: the board showing interest in the needed land for years, and then setting aside money so the project could be paid for from reserved funding.

“One of the things I’m most impressed with the AAC is that they are very conservative with their budgets and with their spending, so with good investments they were able to put money back,” Montgomery said. “It’s very exciting that we’ll be able to do this without going into debt to make it happen.”

Both Buckner and Montgomery agree that while this project is exciting for the county officials currently working across the state, the space will serve county officials for years to come.

“I’m very proud of this organization. We budget very conservatively. We look at revenue very conservatively and in all of that we are still innovative in the way we want to go about serving. Not only in our terms, but in the next 50, 100 years of the association. It will go on even when we are gone,” Buckner said. “The wisdom that comes with the board strategically planning this no matter who is on the board as it changes from time to time is paramount. It’s a great example for counties to follow … it’s the quality of a committed board of directors that provides the support for the future.”

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AAC

FEATURE

Operation Greenlight a success Arkansas counties join hundreds to show support, appreciation for veterans Story by Sarah Perry AAC Communications Coordinator

The Association of Arkansas Counties and 25 counties across the state participated in the National Association of Counties’ Operation Green Light campaign this year. For the campaign, county buildings across the United States were illuminated with green lights beginning Nov. 4 through Veterans Day to let veterans know that they are seen, appreciated and supported. In total, more than 400 counties participated in the campaign.

Benton County continued its long running tradition and participated again this year.

“Veterans are a huge part of our community and our economy here in Benton County. They are an integral part of who we are,” said Benton County Judge Barry Moehring. “We’ve got, I think, more than 16,000 veterans now in Benton County, and we are privileged to be able to honor them in this way.”

According to Benton County Communications Director Melody Kwok, each year when Benton County courthouse and administration buildings are lit with green lights, county 34

officials will hear from residents who are curious about the change, but once they learn the reasoning, they express appreciation for the support.

Benton County has installed on both buildings LED lights that can be controlled by the facilities director through a phone app. The lights that illuminate the courthouse for Operation Green Light are changed to red, white and blue for patriotic holidays and green and red around Christmas, Moehring said, adding that the lights were “not that expensive.”

For more than 20 years, Calhoun County Judge Floyd Nutt has provided a meal on Veterans Day for more than 100 area veterans. After recently learning about Operation Green Light, he decided to participate in Operation Green Light as a new way to show support and appreciation this year.

He used green lights to illuminate the courthouse and inside the clock tower. He also hung a string of green Christmas lights around the Calhoun County Veterans Memorial on the courthouse lawn.

“We support our veterans down here any way we can,” Nutt said.

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AAC

FEATURE

Opposite Page: Cleburne County added multiple American flags to its display showing support for veterans. Top: Polk County lit its entrance green during the week of Nov. 4-11. Above left: The AAC placed green plastic sheets over the LED lights in its portico.

Above right: Calhoun County recently began participating in Operation Green Light by illuminating the courthouse and the inside of the clock tower. In addition, a string of green Christmas lights were hung around the Veterans Memorial on the courthouse lawn.

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AAC

FEATURE

Cleghorn to serve as treasurer for international association

S

aline County Coroner and AAC Board member Kevin Cleghorn has a philosophy that he will serve wherever he is needed. Recently he was selected to serve as treasurer for the International Association of Coroners & Medical Examiners (IACME).

Cleghorn was hired as a Saline County deputy coroner in 2007 and became the first full-time chief deputy coroner in Saline County on Oct. 31, 2011. He began his term as elected coroner in January 2015. Cleghorn’s call to serve the Arkansas Coroners’ Association came in January 2017 when he was elected president.

Since then, he has been active in various national and international professional associations including the IACME. “It is the elite organization for death investigators across the globe,” he said.

The association has more than 95

years of experience in the presentation of educational seminars for the purpose of assisting coroners, medical examiners, and other forensic specialists in the performance of their duties.

“We will actively promote, champion, and honor the varied voices within our community,” according to the association.

Two years ago, Cleghorn received an invitation to serve on the association’s board of directors. During his tenure, he has served on various committees and in July, he was nominated to serve on the board’s executive committee as an at-large member. After the association’s treasurer resigned, Cleghorn was recommended to serve as treasurer in October.

“It is a huge honor to be able to represent Saline County and Arkansas on an international level like that,” he said.

While he is not an accountant, Cleghorn has experience working with his office budget and the budget for the Arkansas Coroners’ Association. In his role as IACME treasurer, he will be responsible for planning and reviewing the association’s budget with the executive director and an accountant.

Through the IACME, Cleghorn can network with coroners from across the globe.

“My goal is to bring a piece of Arkansas and rural America to the big city …

I get to represent not just my county, not just my state, but small counties all across America,” Cleghorn said, noting that some members come from larger cities like Indianapolis, New York and San Diego.

According to the IACME’s mission

statement, the organization is “dedicated to the promotion of excellence in medicolegal death investigation through collaboration, education, and accreditation.”

During last year’s IACME conference, people from five countries attended inperson and representatives from more than 22 counties watched online.

Recently, the Arkansas Coroners’ Association hosted a training symposium in Pulaski County. The speakers for the training were people Cleghorn met through IACME. Leadership from IACME and the Society of Medicolegal Death Investigators attended along with national companies in the field.

“Eyes are turning toward Arkansas.

We’re making a difference and an impact in our state,” he said.

When asked about his future goals, Cleghorn said he is working for his office to receive national accreditation.

“That would be big not just for my office, but it would be big for the state of Arkansas,” he said, noting there are not any accredited coroner’s offices in the state.

He is also working to improve participation in the coroner’s association by continuing to offer top notch educational programs. Currently 33 counties are active in the association. While he would love to see all counties represented, he understands it is harder for smaller coroner offices.

– By Sarah Perry

Follow us on Facebook @75ARcounties for the latest county news.

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AAC

Gerone Hobbs

County: Pulaski Board Position: Member Appointed Office: Coroner AAC Board Service: 2017-Present County Service: 2005-Present

Where were you born and raised? I was born in Little Rock, but I was raised in the small, incorporated community of Kerr, Arkansas, which is right outside of Lonoke in Lonoke County.

Employment background: I

served in the U.S. Army from March 1993 to January 1998, where I worked in Mortuary Affairs. My first duty station was Ft. Lee in Virginia, and then I was stationed at Schofield Barracks in Hawaii. I was deployed to Vietnam, Cambodia, Laos, Thailand, Guam, and Japan. The purpose of my unit’s deploy-

MEET YOUR BOARD MEMBERS

ments was to recover soldiers’ remains from previous conflicts and those who had been prisoners of war. After I left the military, I spent about a year driving long-haul trucks hauling fuel.

I really missed my field of work and decided it was time for a change, and I went to work for the Arkansas Crime Lab for roughly a year. In 2005, I was hired at the Pulaski County Coroner’s Office as a deputy. In 2007, I left the Coroner’s Office for one year to work at the Veterans Association Hospital as a VA Police Officer. But my true passion was with the Coroner’s Office, and in 2008, I returned to the Pulaski County Coroner’s Office at the promoted position of Chief Deputy. In 2012, I was promoted to Chief Coroner, and I am currently in my twenty-first year with the Pulaski County Coroner’s Office.

There are 75 counties and 75 Coroners in the state, and my office is one of two that is not an elected position. I am appointed by my county judge. While many see death as tragic and devastating, which it is, I also find it to be my calling. My hopes and prayers are that I can help the families of my decedents make the transition of losing a loved one more comforting for them.

What is your No. 1 priority as part of the AAC Board of Directors? My No. 1 priority as part

of the AAC Board of Directors is to be the voice from a lesser-represented county agency — the Coroners’ Offices. I want to bring new ideas and visions while also supporting the existing missions and visions of the AAC Board of Directors. Having representation from an agency that many might not consider part of county government

is critical because I bring ideas from all 75 counties represented in the Arkansas Coroners’ Association. I want to be the voice for the voiceless and ensure that county government is promoting ideas and laws that support the deceased and their families. I genuinely feel it is a privilege to serve on the AAC Board of Directors because I get to share ideas and information with like-minded people who also want to put the citizens of the state of Arkansas first and who truly have a heart for those who serve in county government.

What have you gained from being active in the Arkansas Coroners’ Association? I have

gained so much from being in the Arkansas Coroners’ Association. First, it is crucial to have an association of like-minded people who share the same mission and vision for their offices. Being the largest county [Pulaski County] in the state of Arkansas, we have the largest case load and lead in homicide and suicide rates. When the Arkansas Coroners’ Association meets for continuing education, it benefits all 75 counties in the state. Our primary efforts are to ensure that all of the coroners in the state of Arkansas are current on best practices, ensuring their continuing education credits are up to date, and it also allows us an outlet to discuss work-related matters that other county officials would not ever be able to relate to. We want to maintain a high level of professionalism at all times because when we encounter families, we are meeting them on the worst day of their lives.

www.arcounties.org COUNTY LINES, FALL 2025

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AAC

MEET YOUR BOARD MEMBERS

Selena Blair

2 weeks old. Mom and I traveled back to Arkansas to stay with relatives until his return home. I was raised on Peach Street in Magnolia, Arkansas, and have remained close to family and friends my whole life.

Employment background: My

County: Columbia Board Position: Member Elected Office: Treasurer AAC Board Service: 2022-Present County Service: 2015-Present

Where were you born and raised? I was born on Fort Ord

military base in California. My dad was deployed to Vietnam when I was

employment history is varied and diverse. I started working when I was 12 years old babysitting and later obtained employment at a Montessori school helping after school. When I turned 16, McDonalds hired me for front counter and drive-thru clerk. During my senior year in high school, McDonalds awarded me the Ray A. Kroc Award.

During college, I worked at Magnolia Hospital starting out in the respiratory department, then on to the floor as a nursing assistant and ward clerk. My husband and I owned and operated a drive-in diner until the birth of our first son. Other jobs included bookkeeper for a construction company and trucking company, and front office clerk for a doctor’s office. My last place of employment was Southwest Arkansas Planning and Development District, Inc. I started off in the accounting department as a staff accountant and

ended as a compliance specialist with the Workforce Development Department.

What is your No. 1 priority as part of the AAC Board of Directors? My No. 1 priority as part

of the Board of Directors is to continue to work with the board and AAC staff to ensure that county government has the necessary resources to provide crucial services to our constituents and to strengthen Arkansas as a whole.

What have you gained from being active in the Arkansas Treasurer’s Association? The

best part about being active in the Treasurer’s Association are the friendships I have developed. The time we share together is a huge blessing to me and helps me with my daily duties as a county treasurer. I truly am a champion for all the treasurers across the state and want them to succeed. And finally, traveling to other areas of our great Natural State and experiencing the local attractions, cuisine, and scenery is a bonus.

Follow us on Facebook @75ARcounties for all the latest county news.

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WHEN DISASTER STRIKES THE AAC RISK MANAGEMENT TEAM IS THERE FOR YOU! Just ask Garland County Judge Darryl Mahoney. When his county’s property was damaged by hail and fire, he relied on the Risk Management experts at the AAC to help.

“AAC RMF has never hesitated to engage in any claim we have turned over. They are always professional and looking out for Garland County’s best interest. We have had major claims on Easter and Christmas Eve, and the staff has always immediately responded to my registration of a claim, up to and including on Christmas Eve. They have also been amazing to allow us to have latitude to work through issues, prior to registering a claim, to reduce the extent of damage.

From offering suggestions about how to move forward with claims to approving work we started prior to having a good claim, AAC RMF has been the best team of insurance providers that I have ever worked with.”

What We Offer > > > >

For information: Brandy McAllister RMF & Insurance Director 501. 375.8694

• • • • • • •

General Liability Auto Protection Property Protection Justice Bridge Ordinance Codification CDL Drug Testing Guardian Inmate tracking system

AAC

STAFF PROFILE

GARY MCCLAIN

AAC hires loss control specialist with over three decades of experience

G

ary McClain has a heart for county government. After spending 28 years working in the Jefferson County Sheriff’s Office — and a short stint in the private sector — he has joined the AAC as loss control specialist.

AAC Risk Management and Insurance Director Brandy McAllister said McClain’s experience “across these various areas made him uniquely qualified to join the team as our loss control specialist.”

McClain was born and raised in Watson Chapel in Jefferson County. He graduated from Watson Chapel High School before going to work for his father’s electrical company.

At age 21, he went to work as a patrolman with the Jefferson County Sheriff’s Office. He served in that capacity from 1995 to 2007. He was promoted to captain when he moved to training in 2007. In 2019, McClain was promoted to major and moved into administration.

He retired Oct. 31, 2023. But he knew he didn’t want to sit idle.

“I knew I wanted to start a second career,” he said. “I wanted to try something different.”

He reached out to McAllister at the time to let her know he was looking for a new position, but nothing was available at the AAC. And, of course, McClain couldn’t just jump from one county government job to another. He had to take a six-month break in between.

Through friends and former co-workers, he learned of an opportunity at Central Moloney, Inc., an Arkansasbased power distribution transformer manufacturer.

McClain took on a role in corporate training. He worked more on the HR side of the company — drug testing, training for onboarding, workplace harassment, safety initiatives, risk management, and more.

Then back in August, when McClain least expected it, 40

McAllister reached out about an opening at the AAC. He wasn’t looking for a job, but he couldn’t turn down an opportunity to return to his county roots.

“County work is home,” he said. “I loved working at Central Moloney … but county government is just home. It’s in my lane and it’s nice to get back to it.”

He started the job Sept. 2.

Since then, McClain has been learning about the Guardian system used in county jails and organizing Guardian training for jail personnel. He’s been building relationships with leadership in sheriffs’ offices around the state and conducting jail assessments to help reduce risk through sound policy and by matching practice with policy. His goal is to support law enforcement and be a resource for them while serving as a liaison between them and the RMS legal team.

Volunteer fire departments also fall under his purview.

He said he is excited about the travel involved with his new position.

“I know that this job is going to take me to some places I’ve never been and never probably would have gone,” McClain said.

He also said he enjoys the team collaboration at the AAC. “That was one of the things during the interview that was so exciting when I met with Brandy and JaNan and Chris is just the atmosphere and spirit of the AAC is that it’s a large collaboration, and that type of teamwork is exciting,” he said.

McClain still lives in Watson Chapel with his wife of 32 years, Kandy. They have four children — three sons, ages 15, 19, and 22; a daughter, aged 29; and twin granddaughters.

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AAC

STAFF PROFILE

ANTHONY BENNETT

Litigation counsel credits nonprofit experience for leading him to law Story and Photo by SARAH PERRY AAC Communications Coordinator

A

nthony Bennett said he has enjoyed volunteering in various ways since he was in middle school.

“It’s always felt fulfilling to serve and support people however I could,” he said.

After graduating with a politics degree from Hendrix College, he decided to start working at a nonprofit organization.

“Near the start of COVID, I heard about an opportunity to serve underrepresented individuals and families in Conway through the AmeriCorps VISTA program and was eager to help keep families fed and housed throughout the pandemic.”

In this role, he saw people facing various legal issues, including criminal justice and tenancy issues.

Motivated by this experience, he decided to continue his education by earning a law degree at the William H. Bowen School of Law. He became interested in county government while clerking in Pulaski County.

Beginning in May 2024, Bennett served as a law clerk at the Association of Arkansas Counties working alongside the AAC policy team.

One of the projects he took on was an in-depth investigation of juvenile justice, including researching juvenile delinquency, the costs of county juvenile justice services, and the importance of meaningful treatment for delinquent kids. Bennett, AAC Government Affairs Director Josh Curtis and AAC Legal Counsel Mark Whitmore met with many stakeholders as Bennett compiled all this information.

After passing the bar exam in September, he has COUNTY LINES, FALL 2025

transitioned to become a litigation counsel at the AAC working in the Risk Management Division of the office. His day-to-day duties have included jail litigation cases and the codification of county ordinances.

Having worked with the policy team and risk management staff within AAC, he feels the common thread between the two aspects of the association is the staff’s ability to craft and put into place policies to help counties avoid future litigation.

He gave one example from his hometown in Little River County. The new Little River County Detention Center has been open less than two years and with the opening of a new jail came the implementation of policies needed to run it well.

“It was cool to be able to see from the back end how those (policies and procedures) are formed,” Bennett said.

Bennett grew up in Ashdown with his parents and two siblings. He previously lived in Faulkner County, but recently moved to Little Rock, he said.

In his free time, Bennett enjoys spending time with his friends and playing with his dog, a pointer/lab mix named Justice.

He also enjoys playing pop, jazz and gospel music on the piano. He started playing piano when he was 12 years old.

“I never took piano lessons; I just liked memorizing traditional pop, jazz, and gospel music, then figuring out the right keys on my church’s piano after Sunday and Wednesday services,” he said.

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AAC

PHOTO RECAP

COLLECTORS

The Arkansas Collectors Association came together Dec. 10-12 in Pulaski County.

Left: Boone County Collector Amy Jenkins showcases the disaster recovery plan binder that she uses in her office. Above: From left, Garland County Deputy Collector Nikki Radley and Faulkner County Collector Sherry Koonce chat with Cross County Collector Kristy Davis and Deputy Collector Michele George during a break between presentations.

Above: Drew County Treasurer Tonya Loveless listens to a presentation. Right: Greene County Collector Cindy Tracer asks a question of her fellow collectors.

Left: Ashley County Collector Lori Pennington, right, laughs as David Cole with Arkansas Legislative Audit makes a joke during his presentation about disaster recovery and planning.

Right: Baxter County Collector Teresa Smith addresses the group.

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AAC

PHOTO RECAP

ASSESSORS SUPERVISOR BOOTCAMP

AAC

PHOTO RECAP

The Arkansas Assessors Association held its fall meeting Oct. The Arkansas Circuit Clerks Association 21-24, in Jonesboro/Craighead County. met March 12-14 in Pulaski County after having to reschedule their meeting for winter weather.

Above: The newly appointed board of the Assessors Association incudes, from left, Board Member Beth Rush (Ashley County); AAC Board Members Dana Baker (Pope County) and Heather Stevens (Stone County); Vice President Shannon Tucker (Logan County); President Krissie Lewis (Faulkner County); Secretary/Treasurer Mona Vance (Clark County); and Board Members Gail Snyder (White County), Sheila Ridley (Sevier County), and Jayme Nicholson Johnson (Baxter County).

Above Left: Mississippi County Assessor Brannah Bibbs participates in a valuation and depreciation workshop with a “Price is Right” theme. Above Right: Lawrence County Deputy Assessor Maggie Morgan and Pike County Deputy Assessor Brooke Cox visit in the hotel lobby during a break.

www.arcounties.org COUNTY LINES, FALL 2025

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AAC

PHOTO RECAP

CORONERS

The Arkansas Coroners’ Association hosted Into the Fire: Advanced Medicolegal Investigation Symposium Oct. 1-3 in Pulaski County.

Above Left: International Association of Coroners & Medical Examiners Director Shane Sheets, far left, Society of Medicolegal Death Investigators, Inc President Lauren Fisher and Arkansas Coroners Association President Kevin Cleghorn, who also serves on the board of directors for both IACME and SODMI, pose for photo. Above Right: Van Buren County Coroner Joe Tsosie and Clark County Chief Deputy Coroner Cory Stover listen during a presentation on the final day of training.

Far left: Pulaski County Coroner Gerone Hobbs chats with Sebastian County Coroner Kenny Hobbs.

Left: Chief Forensic Investigator for Onondaga County in New York and Syracuse University FNSSI Adjunct Professor Brian Ehret was one of the speakers for the training.

Far Left: Stone County Deputy Coroner Clinton Hackworth listens intenly to one of the speakers.

Left: Phillip County Coroner Earnest Larry visits with Hot Spring County Deputy Coroner Shannon Cleghorn during a break between sessions.

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AAC

PHOTO RECAP

COUNTY CLERKS

The Arkansas County Clerks Association hosted its September meeting Sept. 18 and 19 in Conway/Faulkner County.

Above Left: State Director of Elections Leslie Bellamy explains to the clerks changes they need to prepare for during upcoming elections. Above Right: Independence County Clerk Tracey Mitchell listens during one of the presentations.

Far Left: Chicot County Clerk Alexandria Manning visits with Mickey McCardle, of Absolute Solutions, between sessions.

Left: GIS Director Shelby Johnson, far right, leads a discussion about election geography. Seated is Van Buren County Clerk Pam Bradford.

Far Left: Cross County Clerk Mary Beth Sanders asks a question during a discussion about elections.

Left: Pope County Clerk Pam Ennis talks with Little River County Clerk Deanna Sivley.

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AAC

PHOTO RECAP

CIRCUIT CLERKS

The Arkansas Circuit Clerks Association held its fall continuing education meeting Sept. 10-12 at Mt. Magazine State Park & Lodge.

Above left: Franklin County Circuit Clerk Janice King (middle) places a bid on an item in the silent auction. Also pictured is Cleburne County Circuit Clerk Heather Smith (left). Above right: Baxter County Circuit Clerk and Association President Canda Reese welcomes the group to the meeting.

Above left: Arkansas County was well represented at the meeting by Deputy Circuit Clerks Brittney Isom and Christy Rowland and Circuit Clerk Sarah Merchant. Above right: Craighead County Circuit Clerk David Vaughn listens to a presentation.

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AAC

PHOTO RECAP

TREASURERS The Arkansas County Treasurer Association’s conference was held Sept. 3-5 in Saline County.

Left: For the derby-themed meeting, attendees dressed like race spectators, jockeys and even a racehorse. From left are, Clark County Treasurer Karen Arnold, Miller County Treasurer Teresa Reed, Cross County Treasurer Peg Hess, Columbia County Treasurer Selena Blair, Little River County Treasurer Dayna Guthrie, Carroll County Treasurer Makita Williams, Little River Chief Deputy Treasurer Brenda Snead, Pike County Treasurer Loletia Rather and Union County Treasurer Jody Cunningham. Right: Independence County Treasurer Bob Treadway asks a question during a discussion led by AAC Legal Counsel Taylor Handford.

Far Left: Baxter County Treasurer Jenay Mize responds during a roundtable discussion. Left: Arkansas County Treasurer Association President and Columbia County Treasurer Selena Blair guides a discussion about revenue projects during the last day of the conference.

Right: Izard County Treasurer Warren Sanders shares information with the group during a presentation about annual financial statements. As a treasurer who uses Apprentice, he was able to give tips to other treasurers who use the same software. Far Right: White County Treasurer Janet Hibbitts chats with Pike County Treasurer Loletia Rather.

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AAC

PHOTO RECAP

JUDGES The County Judges Association of Arkansas held its Fall meeting Sept. 3-5 in North Little Rock/Pulaski County.

Left: Monroe County Judge P.K. Norman shares some unique attributes about his county.

Above: The CJAA’s new officers are Secretary/Treasurer Matt Brumley (Saline County); 2nd Vice President Valarie Clark (Lafayette County); President Allen Dodson (Faulkner County); and 1st Vice President Dale James (Van Buren County).

Above: UALR Head Baseball Coach Chris Curry (middle) served as keynote speaker during the Thursday luncheon. He is flanked by AAC Governmental Affairs Director Josh Curtis (left) and former CJAA President, Greene County Judge Rusty McMillon.

Left: Randolph County Circuit Clerk and AAC Board President Debbie Wise (far right) drops in to say hello to Randolph County Judge Ben Wicker (middle) as Lawrence County Judge Gary Barnhill (left) looks on.

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AAC WORKERS’ COMPENSATION TRUST

W

hen you participate in the A A C Wo r k e r s ’ C o m p e n s a t i o n Tr u s t , you can relax in the hands of professional staff members who are going to take care of your needs.

The AAC team has decades of experience in handling county government claims –

they’re simply the best at what they do!

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

Since we started paying dividends in 1997, the AAC Workers’ Compensation Trust has declared more than $ 3 3 M I L L I O N dollars in dividends, payable to members of the fund. In fact, we mailed $550,000 in savings back to member counties in July 2024.

CONTACT US TODAY ABOUT YOUR WORKERS’ COMP CLAIM Brandy McAllister Risk Management & Insurance Director

501.375.8694

• • •

The service is available for any size county government and other county government-related entities.

We’ve got you

covered.

Misty Petrus

Kim Nash

Senior Claims Administrator

Claims Adjuster

501.375.8698

501.375.8805, ext. 546

Jennifer Shook

Renee Turner Claims Adjuster

501.375.8805, ext.545

Claims Adjuster 501.375.8805, ext. 563

DID YOU KNOW? We offer a Volunteer Firefighters Supplemental Income Protection Plan that provides additional protection for loss of income above the $20 per week Temporary Total Disability (TTD) offers!

The rural volunteer fire department must be covered by a county participating in AAC Workers’ Comp Trust.

COVERAGE INCLUDES Weekly temporary total disability benefits up to the maximum allowed Weekly benefits for 52 weeks or the period the firefighter is eligible to receive TTD benefits $10,000 death benefit to eligible dependent

Cost is $20 per firefighter; with a minimum annual premium of $240 regardless of number of firefighters.

CONTACT US TODAY ABOUT THE VFF SUPPLEMENTAL INCOME PLAN Brandy McAllister Risk Management & Insurance Director

501.375.8694

Misty Petrus

Senior Claims Administrator

501.375.8698

Karen Bell Program Assistant 501.375.8805

AAC

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

NACo board approves new outreach campaign

M

Story by Charlie Ban County News Digital Director and Senior Writer

embers of Congress and the Trump administration will see a refreshed media campaign

by NACo in 2026, designed to elevate the visibility, influence and understanding of county government.

During its fall meeting in Wise County, Texas, the NACo Board of Directors passed a $30 million budget for 2026 that includes the first part of a three-year $3.5 million public affairs campaign called “We Are Counties.”

“We’re trying to elevate the brand of counties,” Executive Director Matt Chase said during the Dec. 5 Board meeting.

“We’re not trying to market NACo. We’re trying to do public affairs-driven advocacy. We’re looking at how we educate the public, but really we want to influence policy.”

That budget will include funding for paid advertisements in critical congressional districts, supporting legislation beneficial to counties. The first materials, including a video aimed at

policymakers, will be released during the Legislative Conference Feb. 21-24 in Washington, D.C. Other messaging platforms will include social media activation, short films and podcasts, multimedia storytelling and events integration.

Chase reflected on an exchange with then-Senate Majority Leader Chuck Schumer (D-N.Y.) during negotiations for the American Rescue Plan Act that changed Chase’s understanding of the political dynamic and informed the “We Are Counties” campaign. Despite already supporting county priorities for the bill, Schumer advised NACo members to tweet their requests at him. “’Just [agreeing] face-to-face is no longer enough,’” Chase recalled Schumer telling him. “’You need to create an eco-system, you need to create a public pressure for me to do [what you want].’”

Advertiser Resource Index AAC Risk Management Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 AAC Workers’ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Apprentice Information Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 ARBuy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Arkansas Community Foundation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Crews and Associates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Cover DataScout. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Front Cover Ergon Asphalt & Paving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Financial Intelligence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Guardian RFID. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Jason Owens Law Firm. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Nationwide Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Southern Tire Mart. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Tax Pro. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

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