Fall 2017 County Lines

The Official Publication of the Association of Arkansas Counties

County Lines FALL 2017

Special Report

The Opioid Epidemic in Arkansas

Page 27

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In This Issue FALL 2017

Special Section The Opioid Epidemic in Arkansas..................................................27 AAC forms Opioid Task Force.........................................................28 Arkansas at front line of U.S. opioid epidemic............................30 President declares a public health emergency ...........................32 President’s opioid commission issues recommendations .......33 Over 100 counties lining up to sue big pharma..........................34

Features Counties receive Digital Transformation Awards.....................24 AAC Board Profile: Saline County Coroner Kevin Cleghorn.......36 AAC Board Profile: Stone County Assessor Heather Stevens....37 AAC Profile: Sheriffs’ Association Director Scott Bradley..........38

Coroners cover crime scene photography....................................44 AAC seminar focuses on public speaking...................................45 Roads seminar covers payment assessment, road solutions...46 Circuit clerks talk e-filing, swear in slate of officers...................47 More than 100 gather for jail law seminar..................................48 Logan County hosts county clerks.................................................49 Judges hold Fall meeting in Sebastian County...........................50 Treasurers meet in Logan County.................................................51

Departments From the Director’s Desk...................................................................7 President’s Perspective.....................................................................9 From the Governor............................................................................11 Attorney General Opinions.............................................................. 12

Bradley County Courthouse towers above...................................40

Research Corner...............................................................................14

Reconstruction of courthouse facade was ’tricky’......................42

Governmental Affairs.......................................................................17

AAC Staff Profile: Mary Edwards....................................................52

Legal Corner.......................................................................................18

Inside Look Assessors elect new executive board............................................43

Cover Notes: The Opioid Epidemic in Arkansas

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Seems to Me.....................................................................................19 Savings Times 2................................................................................22 NACo News Update...........................................................................54

n opioid epidemic has taken our country by storm. In fact, the problem has become so widespread that President Donald Trump declared a national public health emergency on Oct. 26, 2017. It is a crisis of “epic proportion” that impacts nearly every community across the country, according to the President’s Commission on Combating Drug Addiction and the Opioid Crisis. The commission further states that more than 175 Americans die every day due to opioid drug overdose. Arkansas is not immune. A Centers for Disease Control (CDC) report ranks Arkansas second only to Alabama for the average number of prescriptions written per 100 people — the average is 114.6 in Arkansas vs. 121 in Alabama. The national average is 66.5 prescriptions per 100 people. Many of our county-by-county averages are even higher than the state’s average. This epidemic is stretching county resources. As a result, the Association of Arkansas Counties has created a statewide Opioid Task Force comprised of county elected officials to explore solutions to a crisis that promises to continue to grow. In our special report, “The Opioid Epidemic in Arkansas,” we aim to provide further insight into how this crisis is affecting our counties, our state and our country. Turn to Page 27 to read more.

COUNTY LINES, FALL 2017

(Cover photo by BackyardProduction/istock.com)

Photo from pixabay.com

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AAC

CALENDAR Mission Statement: The Association of Arkansas Counties

2017-2018 Dec. 6-8 Collectors Embassy Suites, Little Rock Dec. 18 Human Resources Seminar AAC building, Little Rock Feb. 7-9 Judges Wyndham Hotel, N. Little Rock Feb. 21-23 Circuit Clerks DeGray Lake Resort State Park, Bismarck

March 8-9 Treasurers DeGray Lake Resort State Park, Bismarck March 26-27 County Clerks Benton Event Center, Benton April 19-20 Collectors Delta Resort and Spa, Tillar Calendar activities also are posted on our website:

www.arcounties.org

Chris Villines, Executive Director

cvillines@arcounties.org

CONTACT AAC

Anne Baker, Executive Assistant

abaker@arcounties.org

Samantha Moore, Receptionist

smoore@arcounties.org

Karan Skarda, ACE Program Coordinator

kskarda@arcounties.org

Mark Whitmore, Chief Legal Counsel

mwhitmore@arcounties.org

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

Josh Curtis, Governmental Affairs Director

jcurtis@arcounties.org

Lindsey Bailey, Legal Counsel

lbailey@arcounties.org

Christy L. Smith, Communications Director

csmith@arcounties.org Holland Doran, Communications Coordinator

hdoran@arcounties.org Cindy Posey, Accountant cposey@arcounties.org

Mark Harrell, IT Manager

mharrell@arcounties.org

Risk Management / Workers’ Compensation Debbie Norman, Risk Management & Insurance Director, Risk Mgmt Services dnorman@aacrms.com

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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.

Debbie Lakey,Workers’ Comp Claims Manager dlakey@aacrms.com

Cathy Perry, Administrative Assist./Claims Analyst cperry@aacrms.com

Kim Nash,Workers Comp Claims Adjuster knash@aacrms.com

Renee Turner,Workers Comp Claims Examiner rturner@aacrms.com

Riley Groover, Claims Analyst rgroover@aacrms.com

Greg Hunt, Claims Analyst ghunt@aacrms.com

Kim Mitchell,Administrative Assistant kmitchell@aacrms.com

Brandy McAllister, RMS Counsel bmcallister@arcounties.org

Colin Jorgensen, Litigation Counsel cjorgensen@arcounties.org

Becky Comet, Member Benefits Manager bcomet@arcounties.org

Barry Burkett, Loss Control Specialist bburkett@aacrms.com

Karen Bell,Administrative Assistant kbell@aacrms.com

Ellen Wood,Admininistrative Assist./Receptionist ewood@aacrms.com

COUNTY LINES, FALL 2017

AAC

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

Executive Director / Publisher Chris Villines Communications Director/ Managing Editor Christy L. Smith Communications Coordinator/ Editor Holland Doran

AAC Executive Board: Judy Beth Hutcherson – President Debbie Wise – Vice President Brandon Ellison – Secretary-Treasurer Jeanne Andrews Sherry Bell Debra Buckner Sandra Cawyer Kevin Cleghorn Rhonda Cole Debbie Cross Brenda DeShields Ellen Foote Jimmy Hart Gerone Hobbs Bill Hollenbeck John Montgomery Heather Stevens David Thompson National Association of Counties (NACo) Board Affiliations Judy Beth Hutcherson: NACo board member.

She is the Clark County Treasurer and president of the AAC Board of Directors.

Debbie Wise: NACo board member. She is the Randolph County Circuit Clerk, vice president of the AAC Board of Directors and chair of AAC’s Legislative Committee.

Ted Harden: Finance & Intergovernmental Affairs Steering Committee. He serves on the Jefferson County Quorum Court.

David Hudson:Vice Chair of NACo’s Justice and Public Safety Steering Committee. He is the Sebastian County Judge and member of the Rural Action Caucus Steering Committee.

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

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

Kade Holliday:Arts and Culture Committee and International Economic Development Task Force. He is the Craighead County Clerk.

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DIRECTOR’S DESK

Stepping up to our calling

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e are an amazingly privileged group. The 1,400-plus county and district officials the AAC represents have been given a collective opportunity to help shape our society. We are well respected by our constituents and have been placed on a platform with advantage.

You effectively use this platform to discuss your positions Chris Villines and priorities in local government. One of the barometers AAC by which to gauge our effectiveness is our interaction with Executive Director the Legislature. We educate our representatives and senators about what we do and why certain laws need or need not be changed. At this, we are skilled and competent. Shared victories at the Capitol are numerous, and we don’t lack war stories about how damaging certain losses would have been. Nor are we at a loss to proclaim many victories in legislation that help us modernize and make more efficient our level of government.

But it is not lost on me that where we have the most potential for impact is in our communities. Many of you live within just a mile or two of your courthouse, but your sphere of influence includes thousands of people across hundreds of miles. This makes me think of comedian Steven Wright, and his comment, “Someone told me half of all car accidents happen within a mile of your house. So I moved.” But, I digress.

Thankfully you are all well planted in your homes and relationships. And as a result of your leadership in your communities, many look to you for guidance, and they value your opinions. When you talk locally about what’s going on in government and society, you have people’s ears. More often than not, though, we tend to shed the limelight that goes along with lofty elected positions because county and district officials are generally a humble sort.

For a moment, though, think about the awesome potential you have to lead people around you. You are skilled at working with the press to communicate changes in your office and their impacts on society. County clerks talk about new voting equipment; justices of the peace talk about unfunded mandates; and sheriffs talk about changes in the criminal law. Each of you has topics that are important to your office, and you find yourself thrust into communicative leadership to educate society.

This issue of County Lines is dedicated to something that one year ago we rarely talked about, much less thought about its impact on county government. But as the opioid epidemic has come to light, it has taught us that this is not only a problem in Arkansas, but it could well be the leading cause of growth in financial cost to counties. It also could be the leading cause of societal decay in a state not used to being at the forefront in the war on drugs.

I remember well Nancy Reagan’s organized attack in the war on drugs in the ‘80s. The phrase, “Just say no!” was everywhere. Public Service Announcements were ubiquitous, and schools ramped up drug abuse prevention to a level never seen before. Drugs in the ‘80s were a dirty, sordid prospect. Images of needles or cocaine were burned into society as a dangerous affront to the utopian America to >>> 7

AAC

DIRECTOR’S DESK

which we had grown accustomed.

It was the right response at the right time to a crisis our country faced, but in Arkansas there was always something about the reality of inner city drug trafficking and back-alley dealing we couldn’t relate to. Now, however, a very dangerous curve has occurred in drug abuse.

We have gone from black-market drug trade under the cover of night’s darkness to an epidemic unlike any other in which drug companies and distributors have played a role in handing out extremely addictive opioid prescriptions in the trusted vestiges of hospitals and doctors’ offices.

addicted, but others do. There is a cruel randomness about it that means no predictors can help weed out those who should and should not take it.

There are many facts and much information regarding the opioid epidemic, and I encourage you all to take a look at “A Prescription for Action,” a joint National League of Cities and National Association of Counties report. We have linked to this report on the home page of our web site. It is short and easy to read and will give you great insight into the scope of this problem.

On Sunday mornings at church, it’s always good to listen to a sermon. I often find myself conveniently — but wrongly — thinking about all the other people I know with the affliction the pashere is one key component of healtor is preaching about. That is until he gets to the action ing our state’s opioid epidemic: points — my action points.

Inevitably there are steps I communication of the problem. need to take. And some are uncomfortable.

Opioids have always been around, but they historically had been used medically for short periods of time for acute pain relief. In the late ‘90s and moving forward, the drug manufacturers used shaky data and new timerelease forms of opioids to launch an explosion in opioid sales under the false premise they would now be safe for chronic pain relief.

They argued the addictive qualities would not exist with time-release forms of the medication. Opioid manufacturers and distributors also have intentionally misinformed the medical community and general public in other ways, all designed to increase their bottom line.

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This flooded the market with opioid medication without an honest appraisal that the addictive qualities were still there. As a result, we now find many people in Arkansas hooked on an addictive drug that was never marketed honestly. And, most dangerous, is that when this supply cuts off for individual users the best black-market drug available to satisfy the opioid craving is heroin.

Sadly for Arkansas, this epidemic has hit us harder than any other drug epidemic of the past. We rank second — yes, second — only to Alabama in the number of prescriptions for opioids per capita in the country. We have not skirted this problem; we have landed dead center in the middle. For some time now our jails have been full, our county hospitals have been unable to keep up, and our sheriffs’ deputies have been overworked because of this local impact.

Worse yet, many of you know first-hand of someone in your family or someone in your work family who is battling this addiction. The physiological attributes of an opioid addiction are such that some who take opioids don’t become 8

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There is one key component of healing our state’s opioid epidemic: communication of the problem. So back to what I first mentioned. You are elected in your counties. You are voices that are listened to. Many in your communities are addicted to opioids and ashamed to talk about it. But if you come forward with the end goal of communicating the problem, you just may give someone somewhere the comfort to share their problem and how it is affecting them or their family. This is step No. 1 in dealing with this epidemic, and as county leaders you are in extremely important positions to raise this topic to the forefront and lead the critically important conversation we must have.

I am reminded of a parable in Luke that every official should heed. In Luke 12:48 it is said, “To whomever much is given, of him will much be required; and to whom much was entrusted, of him more will be asked.”

This problem cuts across all demographics and levels of government and cannot be solved without a response that also cuts across all boundaries. We have begun providing the information necessary for county and district officials to begin this conversation locally. We will continue to provide you tools, so you can lead the conversation. As communications from us roll out, I want to encourage your activism. You have to begin with this process by knowing that just having the discussion is a win — and you are in the perfect positions to start down the road of healing.

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AAC

PRESIDENT’S PERSPECTIVE

Farewell doesn’t mean you won’t see me later

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he holidays are upon us, and as the end of 2017 comes into sight, I grow more nostalgic by the day. Most of you know of my plans to retire as Clark County treasurer this year. As a result, I also will leave my position as president on the AAC board of directors.

It was a decision fraught with emotion. I truly love my county family and serving the constituents of Clark County.

However, the promise of spending more quality time with my children, grandchildren, great-grandchildren and husband prevailed — as well it should.

I am excited about starting this new chapter of my life.

Fear isn’t really in my repertoire. I wasn’t afraid to be a single mother. I wasn’t afraid to put on combat boots and serve my country in the U.S. Army Reserves. No, I’ve tackled most every new challenge with determination rather than fear. So I am confident I can handle this new challenge called “retirement.”

I do look back on my career in government with fond memories. Many of you may not know I served 10 years as city clerk/treasurer for the city of Arkadelphia before running for Clark County treasurer. It seemed a natural progression to run for the office when the previous county treasurer retired.

I had two opponents that year. Looking back, I think I ate my way around Clark County. I attended every luncheon, dinner and civic event possible during my campaign. In the end, I won the election. And I’ve not once regretted it during my 21 years in office.

I was born in Clark County. I was a preacher’s kid (imagine that) and an Army brat. I have traveled and lived around the world, but it has been my pleasure to serve the residents of my home county. I have enjoyed working with the other elected officials in our beautiful, historic courthouse. My office was housed in the basement, but Clark County Clerk Rhonda Cole never hesitated to let me out on the courthouse balcony whenever I needed a bit of fresh air.

I have been blessed with a capable staff. Deputy Treasurers Sandy Jester and Gloria Hart have been by my side through thick and thin. They’ve had my back when I needed their support the most. I know I am leaving the treasurer’s office in capable hands. Sandy has been appointed to serve out the remainder of my term. She and Gloria will surely continue to thrive.

I will miss my colleagues on the AAC board of directors. What an honor it was to represent my fellow county treasurers on the board — and to serve as the board’s first woman president

President’s

for the last two years. Serving on the Perspective board gives one a whole new perspective on county and state government.

Suddenly, you aren’t just focused on your role. You become more aware of the roles other officials play in county government, their concerns, and their needs. You become acutely aware of how decisions made at the Capitol affect you and your colleagues. AAC Executive Director Chris Villines has Judy Beth Hutcherson been an invaluable resource to me as AAC Board President; Clark County Treasurer I navigated the waters of presiding over the board. His team is one of the best in the state, and they go to battle for us every day. And dear Debbie Wise, Randolph County circuit clerk and AAC board vice-president, how do I adequately express my gratitude? You were not only a frequent travel companion to National Association of Counties’ (NACo) and other conferences. You also were a pillar by my side. I am appreciative for your input, guidance and friendship. You will do well as the board president, my friend.

I, like anyone in my position right now, am experiencing a range of emotions. It’s like I’m preparing to go on vacation — only to never return. Of course, that isn’t entirely true.

You all know where to find me. After all, I must’ve handed out more than a billion “million dollar bills” bearing my contact information over the years. This is not a “farewell” as much as it is a “see you later.”

But there’s a benefit to retirement I’m looking forward to.

As I drive around town in my convertible, the wind will flow more easily through my hair. The freedom I feel as I tour the country on motorcycle with my husband, Elven, will feel even sweeter. And knowing I get to come home to Clark County to spend more time with my family will be priceless.

I send you all blessings as you continue to do the good work benefiting our counties.

Judy Beth Hutcherson Judy Beth Hutcherson Clark County Treasurer / AAC Board President

www.arcounties.org COUNTY LINES, FALL 2017

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AAC

FROM THE GOVERNOR

Opioid epidemic: a national health emergency

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n the nearly 20 years since I became director of the Drug Enforcement Administration, the illegal use of prescription drugs has become an epidemic that our nation couldn’t have imagined. Drug addiction is an insidious enemy of our families and our nation. Addiction to opioids is the biggest challenge we face. An addiction often begins as a legitimate use of a prescription to block pain after an injury or surgery. Addiction slips up on people who would never have considered abusing medicine.

On Thursday, Oct. 26, President Trump declared the opioid epidemic a national health emergency in the United States, where about 175 people a day overdose on an opioid.

Nationally, the number of overdose deaths by prescription opioids has quadrupled since 1999.

In Arkansas, we already are addressing the threat. This year, our legislators passed a law that allows pharmacists to dispense naloxone without a prescription. Naloxone is an antidote for an opioid overdose. Some of our first responders have saved lives because they were carrying the drug.

We have established a statewide protocol for tracking the prescribing and dispensing of opioids. Law enforcement agencies can watch for trends and anticipate problems.

We’ve also established drug courts, which allow judges the flexibility to offer drug offenders court-supervised treatment and other assistance instead of sentencing them to prison.

But let me bring this to a personal level. It’s the real-life stories that drive home the heartache. Linda Lary spent much of her childhood in North Little Rock, and her mother was a native of Waldo. Linda now lives in Greenwood, Mississippi.

Her son Michael was an All-State football lineman in high school and an Eagle Scout by age 15. He was a member of the

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Phi Delta Theta fraternity at Ole Governor Miss. He was one hour short of graduation with a degree in exercise physiology. Michael’s slide into addiction began seven years ago with 60 Percocet pills a doctor prescribed after he developed meningitis. He was in and out of rehab.

Shortly before he died, he admitted to his parents that he was addicted to heroin. He died Hon. ASA sometime after 5 p.m. on Dec. 19, HuTCHINSON two days before his 28th birthday.

Governor of Arkansas His Bible and a dose of Narcan [the antidote naloxone] were on the floor beside him.

Linda is moving from grief to action. As she has spoken out, parents have been calling her for comfort and with the names of drug dealers, which she passes to local law enforcement agents. She is a forceful advocate for the things she believes addicts need: Year-long rehab centers and sober-living houses; strict monitoring of drug testing with an observer; and intensive outpatient therapy.

To win this fight against drug abuse, we must pay attention to how and where we prescribe opioids.

Asa Hutchinson The Honorable Asa Hutchinson Governor of Arkansas

Governor announces state’s Naloxone Standing Protocol Gov. Asa Hutchinson, with DHS State Director of Drug Prevention Kirk Lane and other officials, announced on Sept. 6 the creation of the state’s Naloxone Standing Protocol.

The protocol was developed pursuant to Act 284 of 2017 by state Sens. Cecile Bledsoe and Lance Eads and Rep. Justin Boyd. It allows licensed pharmacists in Arkansas to order, dispense and/ or administer naloxone without a prescription as therapy, providing greater access to more Arkansans and first responders in the event of a drug overdose.

Naloxone is an opioid antagonist delivered via injection or nasal spray that is used to block or reverse an opioid overdose.

“The effects of opioid addiction — on individuals, families, and our state — are staggering,” said Hutchinson. “Reports of drugrelated injuries and deaths across the nation are increasing, and sadly, we’ve seen the tragic effects of this epidemic on the communities in our state, as well.

— Photo by Holland Doran COUNTY LINES, FALL 2017

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AAC

ATTORNEY GENERAL OPINIONS

AG Opinions: from election commissions to tax exempt property AG OPINION NO. 2017–039 The Attorney General determined that County Board of Election Commissioners has no authority to contract to hire labor, services or an employee to act as election coordinator. The county judge and other Constitutional county elected officials have the authority to hire or fire their employees. The AG noted that the county judge under Amendment 55, § 3, is vested with the authority to authorize and approve disbursement of county funds. Further, the county judge has authority under Ark. Code § 14-14-1102 to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds.

civil attorney simultaneously serving as a state representative and county attorney.

The AG noted there’s no constitutional prohibition to serving as county civil attorney and state representative; and determined that the position of county civil attorney likely would be held by a court to not be a public office. The AG noted a county civil attorney does not have: tenure, a term of office, a commission, a requirement to take an oath of office, and wields no power of the sovereign, etc. Decision authority is lacking in the county civil attorney; and the power to advise is not a sufficient factor to confer a public office. The AG noted that deputy prosecuting attorneys are deemed to be public officers (See: Martindale v.

Honey, 259 Ark. 416 (1976).

AG OPINION NO. 2017–077 The AG opined that a court would likely find no impediment to a county

AG OPINION NO. 2017–067 The AG explained that the tax exempt status of property purchased by a

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city does not become effective until Jan. 1 of the tax year following the Mark Whitmore purchase.

AAC Chief Counsel The AG explained that tax status of a property is established when it is assessed, as of Jan. 1; and a lien equal to the amount of the tax owed attached to the property on the first Monday of the January when the assessment occurs. The AG determined that the ad valorem taxes must be paid for the entire year including the purchase date even by a tax-exempt entity. There are numerous previous AG opinions making the same determinations (See Attorney General Opinions Nos. 2008136; 2008-023; and 94-302).

COUNTY LINES, FALL 2017

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AAC

RESEARCH CORNER

Updates and training on the laws on contracts in Arkansas: Never ending tasks

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ver the years the County Judges’ Association of Arkansas (CJAA) and the AAC have worked continuously with members of the General Assembly to update various laws on contracting. This article will note some counties’ recent amendments to contract laws that impact our counties and other state and local jurisdictions. This article also will set forth some areas of these laws that are ripe for consideration by the CJAA for seeking legislation. These laws include provisions of the Arkansas Code for the purchase of commodities and other services, selling county property, construction law, and procurement of professional and personal services. The CJAA soon will commence its efforts to determine the needs for amending legislation in these areas.

In many instances the amendment of the Arkansas Code has a motivating situation. In several instances the amendment of laws in these areas arise from attempts to modernize a law and make it more efficient. In most instances, those persons that operate under or administer a set of laws are best able to propose amendments. The CJAA is perpetually training on these laws. We conduct training of these laws during the regular meetings of the CJAA each year, during new-elect school, and during the CJAA Road Seminar. A preacher who routinely reads the Bible is most often better versed than a preacher that reads the Word only on occasion. During the CJAA Road Seminar, held Oct. 24-26, the CJAA learned and updated construction laws in Arkansas: County Judges Jimmy Hart and Rusty McMillon presented along with Dave Tierney and yours truly. The judges and county road foremen also had an entire morning of training on county road law from Mike Rainwater and myself. Rainwater preaches the law like the Gospel. UCLA basketball Coach John Wooden won 10 NCAA national championships. He was an educator. He taught traits of success. Wooden taught: “It’s what you learn after you know it all that counts!” Over time county judges come to know road law in Arkansas. These laws require repeat training events. Periodic training is necessary to keep up with amendments and to more deeply imbed the legal principles and provisions.

These laws are anchored to the duties and powers of the county judge under the Constitution and laws of Arkansas.

Amendment 55, § 3 of the Arkansas Constitution and Ark. Code § 14-14-1101 provide: Powers of county judge generally. (a) Arkansas Constitution, Amendment 55, § 3, estab14

lished the following executive powers to be administered by the county judge: (1) To preside over the county quorum court, withMark Whitmore out a vote but with the power AAC Chief Counsel of veto; (2) To authorize and approve disbursement of appropriated county funds; (3) To operate the system of county roads; (4) To administer ordinances enacted by the quorum court; (5) To have custody of county property; and (6) To hire county employees, except those persons employed by other elected officials of the county. (b) In the performance of such executive duties, the county judge shall be bonded in the manner provided by law, as required in Arkansas Constitution, Amendment 55, § 6.

Ark. Code § 14-14-1102 further provides: Exercise of powers of county judge. (b)(C)(ii) The county judge shall have the authority to enter into necessary contracts or other agreements to obligate county funds and to approve expenditure of county funds appropriated therefore in the manner provided by law.

Finally, ACA 14-22-112 deals with contracts. Order of approval. (a) No contract shall be awarded or any purchase made until it has been approved by the county court (county judge), and no contract shall be binding on any county until the court shall have issued its order of approval. (b) The order of the court shall be properly docketed.

All documents and bids pertaining to the solicitation of bids and awarding of contracts under the purchasing procedure of this chapter shall be filed with the county clerk, together with the order of the court, which shall be filed by the clerk. (c) No claim filed with the county for payment of any commodity, the purchase of which is regulated by this chapter, shall be paid; or no warrant shall be issued by the county clerk for the payment of it until the order of the court approving it shall have been issued and COUNTY LINES, FALL 2017

AAC

RESEARCH CORNER

The County Judges’ Association of Arkansas (CJAA) held its annual Roads Seminar Oct. 24-26, 2017, at Lake DeGray Resort State Park.

Over the course of the three-day meeting, speakers touched on topics such as drug and alcohol testing and procurement. Above left: AAC Chief Legal Counsel Mark Whitmore addresses attendees. Above right: Benton County Judge Brad Moehring shares his county’s road plan.

filed with the clerk. This is the fundamental framework of the county judge’s duties and powers in contracting for the county.

Among some of the notable recent changes in the law was House Bill (HB) 1595, Act 725 of 2017, sponsored by Rep. Mike Holcomb, a former Jefferson County judge, and Sen. Ronald Caldwell. The purpose of Act 725 was to update the construction laws for public works projects in Arkansas. Act 725 of 2017 amended Ark. Code § 22-9-202, 203 and 209 in order to raise the threshold for competitive bidding of construction contracts from $20,000 set in 2001 to $35,000 (to account for 16 years of inflation). Many minor repairs or improvements to buildings these days cost in excess of $20,000. The increased bid threshold of $35,000 will save significant costs to the contractors and the taxing units in the bid process and advertising. The bid threshold under Act 725 applies to cities, counties, school districts and state agencies (except the Arkansas Department of Transportation). Construction inflation justified a higher increase so a few members of the committee of the General Assembly preferred an increase to $35,000 but agreed to consideration of an increase to $50,000 at a future date.

An increase to $50,000 at a future date will be plainly justified due to construction inflation. Also, an increase to $50,000 will be in line with the $50,000 threshold for requiring a contractor’s license adopted under Act 1048 of 2015, Senate Bill (SB) 631 sponsored by Sen. Bart Hester.

Such legislation also will further save on bid and publication COUNTY LINES, FALL 2017

costs. On a similar note, the CJAA should consider legislation to increase the trigger for use of a civil engineer, which currently is $25,000. Mississippi and Tennessee use a more reasonable threshold for requiring a civil engineer: $50,000.

HB 1383 sponsored by Rep. John Vines and Sen. David Wyatt, now deceased, was adopted as Act 494 of 2013.

The Act amended Ark. Code § 22-9-202 to provide that county public works projects are authorized through separate procurement of labor, materials, professional services (architect or agency construction manager) and construction work from one or more separate contractors under separate invoice. This process avoids the need for a general contractor and may result in substantial savings in the cost of labor and materials. A county may purchase materials for less or with mark-up by a general contractor. Also, by using separate contractors the work may be done with county labor and equipment or with local contractors that expense fewer costs for mobilization. In many instances project needs can be acquired separately, expeditiously and less costly.

Many bills filed in the area of construction law are not borne from request by the counties. Sen. Hester and Rep. Jim Dotson sponsored SB 601 (now Act 1068 of 2017) to repeal the Arkansas prevailing wage. The Arkansas prevailing wage tied the contractor’s payment to their laborers for wages to a regional wage for construction workers set by the state of Arkansas, rather than wages tied to the market. The See

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federal minimum wage, state minimum wage and Federal exchange of property, but plainly allows consideration in the Davis Act were not repealed by the Act and may apply to form of an agreement for services, legal tender or other conthe project. Act 1068 of 2017 and repeal of the Arkansas sideration. The Act also added community colleges or instituprevailing wage should result in significant savings to the tions of higher education to the eligible entities to participate county, cities and the contractors for their public works in an exchange or transfer. Note the law requires approval by capital improvement projects. ordinance of the quorum court.

The laws on selling county property have been updated HB 1278, sponsored by Rep. Dan Douglas, provided for on numerous occasions. A notable change is from Acts single source purchases by counties. Now Act 465 of 2013, it 614 and 1014 of 2011, which amended Ark. Code § amended Ark. Code § 14-22-106 to provide an exemption 14-16-105 and Ark. Code § 14-16-106. Both amended from the formal bid process in which goods or services are sections of the code authorizing conducting sales over available only from a single source. The Act provides that to the internet. Ark. Code § 14-16-105 also was updated to attain single source status the purchase be supported with: exempt conveying an easement (such as a utility easement (i) Documentation concerning the exclusivity of the for a public utility or single source; and a road easement for a (ii) A county court ach legislative session these laws are subject city or the state). Ark. order filed with the Code § 14-16-105 also county clerk that sets to bills seeking to amend their fundamental was amended to address forth the basis for the situations in which a single source procurecontent. In many instances legislators who did not county hospital has been ment. vacant and abandoned The county purchase have any prior discussion with their county officials for more than 120 days. laws were further amendArk. Code § 14-16-105 ed by Act 561 of 2015 or AAC staff introduce these bills. was amended to provide (SB 319) sponsored by that there’s no need for a Sen. Bruce Maloch. Act vote of the people to sell a hospital that has been vacant or 561 of 2015 amended the definition of used or second-hand abandoned for the requisite 120 days under the Act. motor vehicles, equipment and machinery from two years to The CJAA, along with the other affiliate organizations, one year; from 10,000 miles to 5,000 miles; and from 500 need to consider further updating Ark. Code § 14-16-105. working hours to 250 working hours (Ark. Code § 14-22The current law references a board of approval whereby the 101 and 106). sheriff, treasurer and circuit clerk constitute the board of The categories of laws briefly touched on above just scratch approval and county judge the ex-officio chair. Also, the law the surface. Other categories of laws in this realm include provides for a different process depending on if the appraised procurement of professional services, procurement of pervalue is less than or more than $2,000. The CJAA and AAC sonal services, state procurement, and cooperative purchasing might consider seeking simplification of this law. Many and purchasing under Amendment 78, etc. Also, there’s a counties more often sell property by a less complicated man- body of case law and body of Attorney General opinions on ner, as per Ark. Code § 14-16-106 — sale by public auction. this realm of the law. County judges must continually learn Act 98 of 2015 (sponsored by Rep. Mark McElroy) and update these laws. amended Ark. Code 14-16–116, which allows counties to Each legislative session these laws are subject to bills seekexchange properties, real or personal, with other counties, ing to amend their fundamental content. In many instances municipalities, community colleges or institutions of higher legislators who did not have any prior discussion with their education. This section of the Arkansas Code allows varicounty officials or AAC staff introduce these bills. We hope ous local and state government entities to exchange real or you will ask your legislators about their intentions for the personal property so that one entity may fulfill a need and next legislative session. Our county officials have first-hand the other may convey their surplus property. The law previknowledge of how these laws operate and work in the real ously authorized an exchange but was not clear on whether world. Let’s avoid the conflicts created by legislators filing an exchange was required or what type of consideration was bills on laws you use routinely without seeking your input legal. Act 98 of 2015 made clear the law does not require an and the input of AAC staff.

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AAC

GOVERNMENTAL AFFAIRS

Stepping up to lead in the face of crisis

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attended the County Judges’ Association of Arkansas (CJAA) summer meeting in Fort Smith, where the lunch speaker was state Rep. Mat Pitsch. Rep. Pitsch is serving his second term in the state House of Representatives and was elected Majority Leader by his peers. Pitsch has sponsored major tax cut and economic development bills during his tenure in the House. However, his passion is infrastructure. He is an engineer by trade and works with the Western Arkansas Intermodal Authority on the Arkansas River port project. The Majority Leader knows all the big issues facing the state and counties, so I was expecting him to talk about county and state infrastructure problems. He took his speech in a totally different direction — and opened the eyes of many people in the room.

“We all get wrapped up in the hustle and bustle of the job we were elected to, but sometimes we need to step back and look at the whole picture,” Pitsch said.

Rep. Pitsch went on to cite statistics that a lot of Arkansas leaders do not know or do not want to hear. Arkansas has the fourth highest teen pregnancy rate, with 12 teenagers a day becoming pregnant. More than 800 children were sexually molested last year in Arkansas, and 32 percent of third graders aren’t reading at grade level. These numbers are shocking, and it’s hard to comprehend when you hear them all at once.

Rep. Pitsch focused on the third graders and said, “The first few years you learn to read then you read to learn. How are these kids going to learn if they are still learning to read?”

“You are all leaders in your community, and who is going to fix these problems,” he asked. “If not us, then who will step up?”

In 1995 Dolly Parton launched her Imagination Library, inspired by her own father’s inability to read or write. She determined there had to be a way to help children fall in love with books. The program sent free books to children from birth to age 5 and helped inspire a love of reading in many of these children. With more than 70 million free, age-appropriate books mailed to date, the Imagination Library is just getting started — and there seems to be no slowing down in sight.

This is a proven program that enables kids to be on track to read proficiently by third grade.

State Rep. Mark Lowery from Maumelle and state Rep. Clark Tucker of Little Rock, along with Rep. Pitsch, provided leadership to secure $750,000 for the Imagination Library in the last session. I understand most counties cannot appropriate money for programs like this because the budgets are so tight, and elected officials have many mandates they must fund. Leaders can step up and bring attention to it and encourage others to support initiatives that move our counties forward.

President Donald Trump has declared the nation’s opioid epidemic a public health emergency. Every person I know knows someone who has been affected by this crisis. ArkanCOUNTY LINES, FALL 2017

sas is No. 2 per capita nationwide in the number of opioid prescriptions written. Arkansas’ opioid crisis is even worse than America’s. An enormous amount of attention has been paid to opioids over the last few months. We have seen leaders at the federal and state levels bring Josh Curtis Governmental Affairs people together to fight this crisis.

Director The AAC has stepped up and taken the lead at the local level. AAC Executive Director Chris Villines organized and appointed six county elected officials to an opioid task force.

The task force has reviewed steps elected officials can take to address the crisis — steps that don’t cost counties any money.

They have recognized that county officials need to lead the conversation about the opioid crisis, set the tone of the conversation to break the silence, and chip away at the stigma of addiction. The group agreed there is a need for education and prevention. These efforts don’t require an appropriation.

Prevention starts with increasing public awareness about the dangers of prescription painkillers and heroin. Reach children inside and outside of the schools. Partner with state Drug Director’s office on Prescription Drug Take Back events and work together to secure a 24-hour prescription drop-off box at every county sheriff’s office in the state. All of these things will build unity and solidify one message to fight this crisis.

The next couple of action items require funds that counties do not have. The task force backed a plan for the counties to collectively take legal action against the pharmaceutical companies that have poisoned our counties. Counties need money to fix the problem, to establish more treatment centers. The two biggest budget items at both the state and county levels is health care and the criminal justice system. Spending money on the front end to help Arkansans with an addiction problem will curb the cost and save money in the long run.

One tool that helps save lives right now is Naloxone. I worked for Gov. Asa Hutchinson during the 90th General Assembly when legislation creating the Naloxone Access Act was passed. I worked with former Benton Chief of Police Kirk Lane to shape that law, which provided law enforcement the ability to carry this drug in their cars. Naloxone is a drug that reverses an overdose, giving first responders more time to save lives. Since the passage of the law, there have been 15 documented cases of lives saved. Lane now serves as the Governor’s State Drug Director. Director Lane sat in on the first county opioid task force meeting and provided an abundant amount of knowledge. He looks forward to teaming up with all counties to end the opioid crisis.

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LEGAL CORNER

Keeping an eye on the 2017-2018 term of the U.S. Supreme Court

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he 2016-2017 U.S. Supreme Court (SCOTUS) term saw a number of split decisions and even a few somewhat awkward attempts at “compromise” decisions. The death of Justice Antonin Scalia left the Court split with what most would agree was four conservative and four liberal justices, with one conservative, Justice Anthony Kennedy sometimes joining the “liberal four.” Whether due to the Court’s difficulty in achieving a majority decision, or to the Court’s recognition that there was little political appetite for major precedent-changing decisions without nine sitting justices, the Court delivered fewer majority opinions than normal, and the whole term seemed lackluster.

In April 2017, Justice Neil Gorsuch was confirmed, widely known as taking a conservative position behind the bench.

With this change, we can expect the Court to hear and rule on an array of controversial, ripe, policy-altering cases in the 2017-2018 term. Of the approximately 50 cases the court will hear this term, I have highlighted a few worth following.

• Gill v. Whitford (Wisconsin) — This case involves the constitutionality of partisan gerrymandering in voting districts.

Wisconsin’s Republican-led legislature passed a redistricting plan in 2011. It later was struck down in federal court as unconstitutional for allegedly purposely drawing district lines in a manner that favors one party and disadvantages another and would have continued to do so for years to come. The state, defending its redistricting plan, argues for the SCOTUS to overturn the federal court’s “unprecedented intervention in the American political process.”

• District of Columbia v. Wesby (D.C.) — Probable cause and qualified immunity are at issue in this case. The first issue is whether police had probable cause to arrest multiple partygoers for trespass in a vacant home when the owner told police no one had permission to enter the home. Partygoers said one person had told them the homeowner had given them permission to enter, which the homeowner denies. The lower courts ruled in favor of the partygoers, stating police had no reason to believe the partygoers knew or should have known they were trespassing. The second issue is whether the police officers are entitled to qualified immunity from suit by the partygoers.

Traditionally, law enforcement is entitled to qualified immunity so long as they do not violate “clearly established law.”

• Patchak v. Zinke (D.C.) — Dealing with the separation of powers between Congress and federal courts, the SCOTUS will hear arguments from David Patchak, a landowner who prevailed in a previous SCOTUS case over the government. In the previous case, the Court ruled the government had waived its sovereign immunity from suit when it confiscated Patchak’s land in order for a local Indian tribe to build 18

a casino on the property. The case was then remanded to the lower courts to determine the merits of the case. While the lower court cases proceeded, Congress passed a law that “ratified and confirmed” LINDSEY BAILEY the federal government’s decision General Counsel to take the land, and ordered the lower courts to “promptly dismiss” any and all pending suits related to the land. Patchak argues that Congress unconstitutionally violated the separation of powers, specifically encroaching upon and exercising powers reserved for the judicial branch. Patchak has been unsuccessful in the lower courts.

• Carpenter v. U.S. (6th Circuit) — At issue is whether the Fourth Amendment allows law enforcement to seize and search cell phone records revealing the location and movements of the phone’s user over a 127-day period. The Court has previously held that cell phone records do not require a warrant, as there is no expectation to privacy since users voluntarily subject them to third party viewing by their service provider.

• Masterpiece Cakeshop v. Colorado Civil Rights Comm’n (Colorado) — This case will determine whether Colorado’s anti-discrimination law, which prohibits businesses that sell to the public from discriminating in its sales based on sexual orientation, is an unconstitutional infringement on the business owner’s right to uphold his own religious beliefs.

• Husted v. A. Philip Randolph Institute (6th Circuit) — Ohio’s Secretary of State is tasked with maintaining the voter registration lists. When a registered voter does not vote during a two-year period, the state sends a confirmation notice to the voter. If the voter does not respond and subsequently does not vote over the next four years, the state removes that voter from the voter registration list, and the former voter is required to register again before he or she is permitted to vote. The court will determine whether this practice violates the National Voter Registration Act (NVRA) of 1993, which prohibits states from removing a voter from the registration list for not voting.

The lower court ruled for the state, but the 6th Circuit found the practice to be in violation of the NVRA. • Collins v. Virginia (Virginia) — The Court will clarify the scope of the automobile exception to the Fourth Amendment’s warrant requirement. Specifically at issue is whether law enforcement, without a warrant, may enter the driveway of a home and inspect a motorcycle beneath a tarp in order to inspect the vehicle identification number (VIN) and license plate information.

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AAC

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Do county officials have a responsibility to stay within budget?

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he short answer to the question is “yes.” A county official is responsible for staying within his or her budget — the appropriation provided by the quorum court. There also is a responsibility to live within the cash available at any given time. A budget is based on projected revenues expected to come in over a 12-month period. The budget is not based on “cash in the bank” on day one of the year.

Some county officials “go over their budgets” very carefully — week after week, month after month making sure they remain in compliance with the constraints of the appropriated funds for their office operations. Other county officials just “go over their budgets.” That should not be.

Budgets are real and should be realistic. Jacob Lew, a former U.S. Secretary of the Treasury, said in reference to the federal budget, “The budget is not just a collection of numbers, but an expression of our values and aspirations.” The county budget should be the same — not just a collection of numbers, but also an expression of priorities as established by the quorum court. Yes, they get to set the priorities. Some years you may like it — other times — maybe not. But it’s your job as an elected official to work within the financial perimeters set by the court.

As the legislative branch of county government, the quorum court is given the authority by the state constitution [Amendment 55] and state law to adopt ordinances necessary for the government of the county, including the adoption of a county budget through an appropriation ordinance as prescribed in Title 14, Chapter 14, Subchapter 9 of Arkansas Code Annotated.

U.S. Sen. Everett Dirksen, a Republican from Illinois in the 1950s and 60s was attributed with saying, “A billion here, a billion there — sooner or later it adds up to real money.” In Arkansas county government we would say, “a thousand here, a thousand there — before long it adds up to real money.

County quorum courts should be — in fact must be — in tune with the county’s needs and then be thoughtful and professional in allocating precious financial resources in the form of appropriations so the fiscal affairs of the county are conducted on a sound financial basis in accordance with Arkansas Constitution, Article 12, § 4. It also is the court’s responsibility to properly establish priorities as set forth in § 14-14-802. Each county official and department head must then be diligent in how they expend the appropriated funds for their office to get the best bang for the buck and serve their constituency to the best of their ability under the constraints of the budget given them — the legal limit of their spending.

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for what to expend their appropriation?

The simple answer to that question is “no.” While the quorum court should always be concerned with ensuring fiscal responsibility, there is this thing Eddie A. Jones called “separation of powers doctrine.”

County Consultant County government is somewhat like state government. County government is comprised of separate branches in order to provide a system of checks and balances. Under the classic division of powers, the legislature [quorum court] makes the laws and appropriates public revenues, the executive branch [county officials] administers the laws and expends the appropriations, and the judiciary interprets the laws.

No one questions the power of the quorum court, the legislative branch of county government, to appropriate county funds. However, it does not follow that a legislative body retains the right to administer a previously approved appropriation. The Arkansas Supreme Court recognized this principle of separation of powers in the case of Chaffin v. Arkansas Game and Fish Commission (1988).

The Arkansas Attorney General has issued several opinions over the years addressing this issue. The opinions cite case law and the separation of powers doctrine. To summarize the conclusion of these opinions, the quorum court may not attach conditions to an appropriation which purport to reserve to the quorum court powers of close supervision that are executive in character. The quorum court cannot do indirectly through means of line item appropriations and conditions what it is impermissible for it to do directly. Line item appropriations become constitutionally impermissible when the authority of the executive branch [county officials] is infringed by legislative control over expenditures.

In other words, a county official does not have to come before the quorum court for approval before purchasing equipment or anything else as long as there is a validly adopted existing appropriation by the quorum court for the expenditure. Neither can an appropriation ordinance get into the specifics of requiring that an official buy a specific brand or do business with a specific vendor. Remember, the legislative branch — the quorum court — makes the appropriation.

The executive branch — the county officials — administers the appropriation.

Many counties have an article/section in their budget ordinance addressing nonrestricted expenditure categories, which basically allows for the transfer between line items in each of See

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the major categories of expenditures, except for the Person- 14-14-1102(b)(2)(B) provides in pertinent part: al Services category. Under this scenario, usually the county judge is required to report to the quorum court each month • (B) Before approving any voucher for the payment the line item transfers made during the previous month. of county funds, the county judge, or his designated Some counties enact their budget ordinance with an article/ representative, shall determine that: section that provides that any transfer of monies between the • (i) There is a sufficient appropriation available for the major categories of expenditures can be made only with prior purpose and there is a sufficient unencumbered balapproval of the quorum court. Either way is proper and conance of funds on hand [cash] in the appropriate county stitutional. It is simply a matter of how much latitude a county fund to pay therefor; quorum court wants to provide. An AG opinion released in • (ii) The expenditure is in compliance with the purposes 2002 did not view this type of restriction as an encroachment for which the funds are appropriated; on the executive branch, “rather by requiring its approval of • (iii) All state purchasing laws and other state laws or the transfers of monies, the Quorum Court has simply enordinance of the quorum court are complied with in sured that it retains its appropriation authority.” the expenditure of the moneys; Case law has rendered that an official must live within • (iv) The good or services for which expenditure is to be their appropriation. In a 1988 case, Venhaus v. Adams, the made have been rendered and the payment thereof has Supreme Court ruled “an been incurred in a lawful agency of county govmanner and is owed by ernment that performs a the county ... function imposed by law ppropriations made by the quorum court are • (C)(i) No money must live within its apshall be paid out of the propriation unless that presumed to be reasonable and the burden treasury until it shall appropriation is unreahave been appropriated sonable.” So, there is rests on the office or entity filing the claim in excess by law and then only in an onus on the quorum court to be reasonable accordance with the apof an appropriation to prove unreasonableness. in making appropriapropriation. tions for the various offices and departments of The county judge can county government. do a lot to stop overspendHowever, appropriations made by the quorum court are pre- ing by following this section of law. And if a claim gets approved sumed to be reasonable and the burden rests on the office or where the cash is not in the fund on which the claim has been entity filing the claim in excess of an appropriation to prove un- approved, the treasurer has a duty to refuse to issue payment. reasonableness. So said the Arkansas Supreme Court in Union Arkansas Code § 14-15-805 basically says the treasurer shall reCounty v. Union County Election Commission. fuse payment of any warrant or check that would cause a deficit The penchant to overspend should be stopped on the front balance in a special revenue fund or a deficit balance of the genend. I believe we all understand that the quorum court is the eral fund in aggregate. authority when it comes to appropriating county funds. ArWhat happens if a county official overspends his or her apkansas Code § 14-14-801(b)(2) lists one of the court’s responpropriation and the county receives goods and/or services as a sibilities as “appropriate public funds for the expenses of the county in a manner prescribed by ordinance.” As it relates to result of the over expenditure? Does the county have a cause the annual budget, Arkansas Code § 14-14-904(b)(1)(A)(ii) of action against the official to recover all or part of the over requires, “Before the end of each fiscal year, the quorum court expenditure? That’s a good question not specifically addressed shall make appropriations for the expenses of county govern- in law.

But there are any number of codes dealing with misconduct ment for the following year.”

At the point of appropriation, it then becomes the duty of with respect to an official’s budget, such as: the executive branch to administer the expense side of the • § 14-22-103 declares it a misdemeanor, subject to a fine budget. The county judge, under the authority of Amendment and removal from office, for any county official to vio55 and § 14-14-1101(a)(2), must authorize and approve dislate the procedures for purchasing; bursement of appropriated county funds. More specifically, §

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AAC • § 14-23-202 declares it a misdemeanor, subject to removal from office, for any county official to violate the rules with respect to the handling of claims presented to the county; • § 14-23-106(b) clearly declares it a misdemeanor, subject to a fine and removal from office, for a county court, a county judge or a county clerk to willfully violate or neglect to perform his or her duties concerning the handling of claims against the county and specifically forbids paying any claimant more than he is due; and • § 14-14-1202(d)(3) declares it a misdemeanor, subject to a fine and removal from office, for any county official to violate the ethical rules of conduct.

Also, misconduct with respect to an official’s budget could very well amount to nonfeasance or malfeasance in office. The failure to perform the duties of one’s office [which include the administration of a budget] could amount to nonfeasance, if based purely upon negligence … or to malfeasance, if the failure is based upon some intentional motivation. Of course, removal from office is under the jurisdiction of the circuit court in accordance with Arkansas Constitution, Article 7, § 27.

In summary, under the classic division of powers, the legis-

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lative branch makes the laws and appropriates public funds, and the executive branch administers the laws and expends the appropriations. But it is the job of the quorum court to be the watchdog of public funds. The quorum court has the authority and duty to appropriate county funds, and the statutory authority to “adopt, amend, or repeal an appropriation ordinance” [§ 14-14-907(b)].

Remember the Old Testament story of Job? Job said, “The Lord giveth, and the Lord taketh away.” Arkansas law is written in such a manner that the quorum court can give and take away. Sometimes it is necessary, either because of a shortfall in revenues or because a county official does not control their spending. A county official has the legal authority only to spend the amount appropriated by the court for his or her operation — no more.

The quorum court has a responsibility to make a reasonable appropriation, and then the county official has the responsibility to stay within that appropriation — so ruled the courts.

Dave Ramsey, America’s trusted voice on money, said, “A budget is telling your money where to go instead of wondering where it went.” The county budget is not a “play pretty” it is a “real tool” and should be used as such. No county official wants to hear “the light at the end of the tunnel has been turned off due to budget cuts.”

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AAC

SAVINGS TIMES 2

Progress toward a healthier Arkansas

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he Governor’s Healthy Active Arkansas (HAA) initiative is now 2 years old. I recently attended the Statewide Learning Network Accountability Summit, held to report what the initiative has accomplished and to plan what is next. As with any action plan, the state accomplished some of the initial goals. It exceeded some goals and is in the process of achieving others. Still, this movement is making progress.

U.S. health statistics paint a dismal picture. Obesity and obesity-related diseases continue to rise. Arkansas has been at or near the top of the list for poor health for a few years. Go to the 2016 County Health Rankings (www. countyhealthrankings.org/app/arkansas/2016/overview) to see how your county is doing. This report is a great resource to help identify the most pressing problems in each county, which can help determine the first steps in helping residents become healthier and more active.

Van Buren County is one county that is beginning to take those first steps to better health. In fact, Van Buren County Judge Roger Hooper spoke at the summit. Due to personal experience, Judge Hooper’s focus is on diabetes prevention. He said as leaders we “must hold ourselves personally accountable.” He also said we need to “get the right people on the bus and get moving.” I would love to hear what you are doing in your county to help residents improve their health.

There are many ways to jump into the HAA initiative.

The HAA framework has nine priority areas and action steps for achieving two-, five-, and 10-year goals toward a healthier, more active Arkansas. I am honored to have had a part in writing some of the goals. Here are the nine priority areas: • Physical and built environment: encourage all stakeholders to create livable places that improve mobility, availability and access within the community where they live, work and play.

• Nutritional standards in government, institutions and the private sector: ensure uniform access to healthy foods and beverages to consumers in government, institutional and private sector settings.

• Nutritional standards in schools — early childcare through college: state and local governments, early childcare providers, school districts and colleges will provide food and beverages that align with the Dietary Guidelines for Americans and promote health and learning.

• Physical education and activity in schools — early childcare through college: state and local governments, early childcare providers, school districts and colleges ensure that all students have opportunities for daily physical activity and quality physical education that promotes healthy lifestyles.

• Healthy worksites: worksites will establish 22

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healthy environments that promote good health through prevention, reduce health care costs associated with chronic illness and disability, and improve employee productivity.

Access to healthy foods: Becky Comet state and local governments AAC Member and other stakeholders will Benefits Manager promote education, public policies and access to affordable healthy foods for all Arkansans.

Sugar-sweetened beverage reduction: decision makers in the business community/private sector, nongovernmental organizations, educational institutions, and at all levels of government will adopt comprehensive strategies to reduce overconsumption of sugar-sweetened beverages in worksites, public places, recreational facilities and schools.

Breastfeeding: women, health service providers, employers, communities, and other key stakeholders will adopt, implement and monitor policies that support and increase the proportion of mothers who initiate and continue optimal breastfeeding practices.

Marketing program: develop and implement a robust, sustained and culturally appropriate targeted communications and marketing program aimed at changing norms and behaviors with respect to physical activity and nutrition.

On a related note, congratulations to the Arkansas Circuit Clerks Association. The group started a “Biggest Loser” weight-loss competition in June. The contest concluded in October. Carrie Kilgore from Crawford County was the winner. Jennifer Riggs, also from Crawford County, came in a very close second. Those who participated in the competition lost a total of more than 187 pounds. The best comment I heard about the whole competition was from someone who said, “I didn’t lose as much weight as I would have liked to. But the competition made me more aware of what I was eating.”

Folks, that is the whole point. We have to become more aware of what we eat, increase our activity levels, and improve our general health. We cannot continue to take our health for granted, and then act surprised by where we end up. Please take a serious look at jumping onboard the HAA initiative in ways that will benefit your county the most.

Please contact me if you are interested in getting something started — for the health of it. Call me at (501) 372-7550 or email me at bcomet@arcounties.org.

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AAC

FEATURES

Top left: Faulkner County officials and employees turned out to honor Faulkner County Circuit Clerk Crystal Taylor, whose office received two honorable mentions in the Efficiency & Digital Pioneer category, and Faulkner County Tax Collector Sherry Koonce, whose office received a Citizen Service honorable mention. Top right: Gov. Asa Hutchinson poses with Washington County Assessor Russell Hill, whose office was a finalist for the Governor’s Digital Transformation Award and received two honorable mentions in the Citizen & Business Service category and earned one Efficiency & Digital Pioneer honorable mention. Bottom left: Pictured are Saline County Clerk Doug Curtis, Gov. Hutchinson, Saline County Clerk’s office Public Information Officer Trevor Villines and State Rep. Andy Davis. The Saline County clerk’s office received honorable mentions for its launch of social media accounts and “Checkmark” eNewsletter. Bottom right: Deputy Pulaski County Treasurer Bentley Hovis, Pulaski County Treasurer/Collector Debra Buckner and Information Network of Arkansas Director Bob Sanders pose with the Governor. The Pulaski County Treasurer’s office collected an honorable mention in the Citizen Service & Digital Pioneer Awards for its digital property tax collections.

Counties receive Digital Transformation honors from INA

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he Information Network of Arkansas (INA) honored the winners of its inaugural Arkansas Digital Transformation Awards in a Sept. 14 ceremony in Little Rock.

“The work you have done has saved the state millions of dollars, eliminated countless sheets of paper, and multiplied the capacity of our workforce — all while providing better and faster service to citizens,” Secretary of State and INA Board Chairman Mark Martin said at the awards ceremony.

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The awards recognize the achievements of Arkansas government offices at the state and local levels that have used technology to drive innovation and make positive, measurable changes in the state, according to a news release.

Among those honored were Washington County Assessor Russell Hill, who received a Governor’s Digital Transformation Award for his office’s overall digital transformation efforts, which offered real-time delivery of property data, supported and accelerated local business growth, and cut the delay of business COUNTY LINES, FALL 2017

data delivery by up to seven days.

Hill’s office also received three honorable mentions for other digital efforts, including daily online internal real property updates, DataScout OneMap/RealTime GIS map sharing, and online assessment of business personal property.

In addition, the offices of Faulkner County Circuit Clerk Crystal Taylor, Faulkner County Collector Sherry Koonce, Pulaski County Treasurer Debra Buckner, and Saline County Clerk Doug Curtis were recognized with honorable mentions for their efforts to make various processes more efficient by using digital technology.

The Faulkner County Circuit Clerk’s office received recognition for a copy machine accounting system that resulted in a 360 percent increase in printer fund collections and for replacing paper files with Adobe Acrobat Reader, which saves staff at least 24 hours of labor per year.

The Faulkner County Collector’s office was recognized for installing INA credit card readers.The new and convenient payment option is used by more than 1,800 taxpayers.

The Pulaski County Treasurer’s office received a nod for their digital property tax collections. Pulaski County was the first county in the state to officer mobile payments and digital notifications for tax statements, resulting in an increaseof online payments by 20 percent annually.

Finally, Saline County Clerk Doug Curtis and his public information coordinator, Trevor Villines, were lauded for the launch of their social media accounts and their “Checkmark” e-newsletter.

These tools allow the office to bring election information to voters through multiple channels.

INA opened the awards program for nominations in June from all state and local government offices. More than 20 government offices entered 31 nominations, which were evaluated by the INA board, the Secretary of State, the chief technology officer, the Department of Information Systems director, the chief transformation officer, and Gov. Asa Hutchinson.

The AAC will alert county officials when the nomination period opens for the 2018 Arkansas Digital Government Transformation Awards.

COUNTY LINES, FALL 2017

2017 Arkansas Digital Government Transformation awards for counties Washington County Assessor’s Office Governor’s Digital Transformation Award (finalist) Overall Digital Transformation Efforts • Lead the state in real time delivery of property data • Supports and accelerates local business growth • Cuts delay of business data delivery by up to 7 days Washington County Assessor Citizen & Business Service Awards (honorable mention) Daily Online Internal Real Property Updates • Lead the state in real time delivery of property data • Supports and accelerates local business growth • Cuts delay of business data delivery by 7 days Washington County Assessor Efficiency & Digital Pioneer Awards (honorable mention) DataScout OneMap / Real-time GIS Map Sharing • Enables real-time map data sharing with public and county offices, breaking down silos and reducing effort duplication • Empowers people to make faster and better-informed decisions about real estate transactions • Eliminates a cumbersome and time-consuming monthly data function, saving staff time Washington County Assessor Citizen & Business Service Awards (honorable mention) Online Assessment of Business Personal Property • First county in the state to offer online assessments • Reduced need for in-person visits, saving residents 13,000+ hours • Saved roughly $8,000 in paper and postage costs • 20% adoption rate with 125% increase in usage over 5 years • 32% of all businesses assess online Faulkner County Circuit Clerk Efficiency & Digital Pioneer Awards (honorable mention) Copy Machine Accounting System • Tracks number of copies to ensure accurate payment collections • Collect payments as paper is being printed, covering copy costs not received in the past • 360% increase in printer fund collections: $3,946 in 2016; projected $14,250 by end of 2017 Faulkner County Circuit Clerk Efficiency & Digital Pioneer Awards (honorable mention) Replacing Paper Files with Adobe Acrobat Reader • Saves over $1,500 per year in paper costs • Saves a minimum of 6,000 sheet of paper per year • Saves staff at least 24 hours of labor per year Faulkner County Tax Collector Citizen Service Award (honorable mention) INA Credit Card Readers • New payment options and convenience for Faulkner County taxpayers • More than 1,800 taxpayers have used new payment methods • County has processed more than $307,000 in credit card tax collections • 10% increase in Delinquent Real Estate collection rate Pulaski County Treasurer Citizen Service & Digital Pioneer Awards (honorable mention) Digital Property Tax Collections • Processed 291 K+ tax payments on web, mobile, Gov2Go, IVR and kiosks • Online payments increase by 20% each year • First county to offer mobile payment and digital notifications for tax statements • 96% citizen satisfaction rating for online property tax payments Saline County Clerk Citizen Service, Efficiency & Digital Pioneer Awards (honorable mention) Launch of Social Media Accounts & “Checkmark” eNewsletter • Brings election information to voters through multiple channels • More than 700 social media followers • 1,840+ “Checkmark” subscribers 25

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The Opioid Epidemic in Arkansas

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he opioid crisis has escalated to touch every corner of the nation. Between 1999 and 2015, more than 560,000 Americans died due to drug overdoses. Most of those overdoses were linked to opioids. In 2016, the number of opioid-related deaths in Arkansas was 335. That year 235.9 million pills were sold in this state. Gov. Asa Hutchinson called the current opioid epidemic “one of the deadliest drug epidemics in American history, affecting every sex, race, class and age.” It is a problem that started in doctor’s offices and hospitals, and affects people of all ages and backgrounds. Now it is taxing local government resources. On the pages that follow, we offer information about the opioid crisis from a local, state and national perspective.

AAC

COVER STORY

Saline County Judge Jeff Arey (left) and Pulaski County Coroner Gerone Hobbs are two of six members of an opioid task force AAC has formed.

The task force believes the first steps in combating the opioid epidemic in Arkansas counties is to educate the public about the dangers of opioids and to provide opioid inhibitors such as Naloxone to first responders. In this photo, Hobbs discusses the growing number of drug overdose deaths.

AAC forms Opioid Task Force to combat epidemic

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Story by Christy L. Smith Photo by Holland Doran AAC Communications Team

o address the rising incidence of heroin and opioid addiction and fatal overdoses in Arkansas, the Association of Arkansas Counties (AAC) has formed a six-member Opioid Task Force.

The task force is comprised of Pulaski County Coroner Gerone Hobbs, Saline County Judge Jeff Arey, Union County Sheriff Ricky Roberts, Sebastian County Sheriff Bill Hollenbeck, Washington County Circuit Clerk Kyle Sylvester and Craighead County Treasurer Terry McNatt.

“The costs to our society are incredibly high and for counties, the societal impact directly impacts our bottom line in jail costs, clogged courtrooms and extra law enforcement on the streets,” said AAC Executive Director Chris Villines. “We know that if our counties stand together, we can respond to this crisis in an organized, cohesive fashion.”

The task force held its first meeting on Monday, Oct. 9, 2017. Members discussed the opioid epidemic from nation28

wide, statewide and local perspectives. Specific topics included the success rate of the state’s drug take-back program, the pervasiveness of heroin and fentanyl in Arkansas, scheduled updates to the state’s Prescription Drug Monitoring Program, and local law enforcement’s and first responders’ lack of access to Naloxone, an opiate antagonist that will reverse an opioid overdose and allow a person to breathe during an overdose situation. It gives a first responder time to seek lifesaving medical attention for the victim.

The task force set two initial goals: to create an educational program that will increase the public’s awareness of the dangers of opioids and to help first responders gain access to the training and Naloxone they need to manage an opioid overdose. The task force also voted to support county efforts to puruse litigation against pharmaceutical companies.

“Counties have spent tax payer money — an inordinate amount of money — dealing with the problem that the drug manufacturers have created. They started telling people out there that all of a sudden these opioids are no longer addictive for chronic pain because they are time released. They did not have the data to back that up,” Villines said at a recent meeting COUNTY LINES, FALL 2017

AAC of county assessors.

Opioids are a class of drugs that includes the illegal drug heroin and synthetic opioids such as fentanyl, as well as pain relievers such as oxycodone, hydrocodone, codeine, morphine and others available by prescription, according to the National Institute on Drug Abuse.

A July 26, 2017, Centers for Disease Control (CDC) report showed in 2016 Arkansas had an average opioid prescription rate of 114.6 per 100 people.

Arkansas was second only to Alabama, which saw an average of 121 opioid prescriptions per 100 people. See the chart at right for a county-by-county breakdown of prescription rates in Arkansas.

Opioids have proved to be highly addictive, with many users switching to heroin and fentanyl when their supply of prescription pain relievers run out.

Opioid addiction affects all ages, genders, and socioeconomic groups.

AAC invited several state and municipal leaders to participate in the Oct. 9 meeting in order to broaden the group’s discussion and focus.

Guests included Arkansas Sheriffs’ Association Executive Director Scott Bradley, Arkansas Department of Emergency Management Director A.J. Gary, Arkansas State Drug Director Kirk Lane, Arkansas Municipal League Executive Director Don Zimmerman, AAC Risk Management Fund Counsel Mike Rainwater, and Arkansas Public Entities Risk Management Association Counsel Ralph Ohm. State Drug Director Lane said Naloxone and training on how to use it are essential tools for law enforcement officers to combat what he called “the No. 1 drug death threat in the state of Arkansas.” “[The dangers of opioids] are probably misrepresented because of the acceptance of prescription medication,” Lane said.

After the task force meeting, Lane announced his agency had secured federal grants to provide training and Naloxone to first responders in eight designated counties: Baxter, Crawford, Franklin, Garland, Marion, Scott, Sebastian, and Sharp. He said funding opportunities for other counties may become available in the future.

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COVER STORY

County Prescribing Rate, 2016

National average: 66.5 per 100 people State average: 114.6 per 100 people Centers for Disease Control < 57.2

57.2 - 82.3

82.4 - 112.5

> 112.5

Missing Data

Arkansas

129.1 Lee 68.2 Ashley 115.8 Lincoln 67.6 Baxter 142.7 Little River 163.5 Benton 87.8 Logan 41.2 Boone 156.4 Lonoke 101.5 Bradley 116.5 Madison 79.3 Calhoun 83.6 Marion 83.3 Carroll 89.2 Miller 109.3 Chicot 77.7 Mississippi 138.6 Clark 100.9 Monroe 92.6 Clay 134.6 Montgomery 93.4 Cleburne 115.9 Nevada ­— Cleveland 1.1 Newton 0.8 Columbia 106.6 Ouachita 143.4 Conway 131.7 Perry 51.2 Craighead 157.3 Phillips 159.8 Crawford 158.0 Pike 97.6 Crittenden 108.7 Poinsett 120.7 Cross 120.3 Polk 117.8 Dallas 101.6 Pope 132.6 Desha 143.8 Prairie 82.1 Drew 131.8 Pulaski 105.2 Faulkner 97.9 Randolph 114.2 Franklin 22.2 St. Francis 94.8 Fulton 116.7 Saline 97.4 Garland 176.3 Scott 124.7 Grant 77.5 Searcy 82.6 Greene 177.8 Sebastian 169.0 Hempstead 115.7 Sevier 65.5 Hot Spring 105.3 Sharp 138.5 Howard 161.6 Stone 152.7 Independence 159.8 Union 131.5 Izard 104.0 Van Buren 103.1 Jackson 150.4 Washington 98.5 Jefferson 108.6 White 123.5 Johnson 127.4 Woodruff 3.8 Lafayette 111.2 Yell 66.9 Lawrence 37.5 29

AAC

COVER STORY Arkansas at front line of U.S. opioid epidemic Story by Wesley Brown Reprinted with permission fromTalk Business & Politics

Editor’s note: This is the first in a series of three stories published in Talk Business & Politics magazine in October. Since this story first appeared, President Donald Trump has declared the nation’s opioid crisis a public health emergency (see page 32), and the President’s Commission on Combating Drug Addiction and the Opioid Crisis has issued its final recommendations for addressing the opioid crisis (see page 33 for a summary of the recommendations).

We are sharing this article with our readers so they may have a better understanding of how the epidemic is affecting Arkansas and steps that have been taken thus far to address the issue.

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s President Donald Trump considers to formally make the nation’s battle against the growing opioid epidemic a national emergency, Arkansas and other states are now faced with a conundrum of how to wage that fight in their communities.

During a White House briefing in early August with U.S. Department of Health & Human Services Secretary Tom Price and the President’s Commission on Combating Drug Addiction and the Opioid Crisis, Trump announced his intent to make the opioid crisis a national priority, which would bring and influx of federal funds and public health aid to communities in all 50 states to fight the growing health care crisis locally.

“Nobody is safe from this epidemic that threatens young and old, rich and poor, urban and rural communities ... It is a problem the likes of which we have not seen,” Trump said Aug. 8.

Prior to that White House meeting, President Trump issued and executive order for the Commission on the Opioid Crisis to come up with key recommendations to stem the growing health care crisis. Lef by Gov. Chris Christie of New Jersey, the Commission in late July issued an interim report recommending several key actions, including a national emergency declaration.

“Our nation is in crisis. Your Executive Order recognized that fact. The work of your Commission so far acknowledges the severity of of this national problem,” Christie wrote in the 10-page interim report to Trump. “The first and most urgent recommendation of this Commission is direct and completely within your control. Declare a national emergency under either the Public Health Service Act or the Stafford Act. With approximately 142 Americans dying every day, America is enduring a death toll equal to September 11th every three weeks.”

Despite the recommendations of the Commission and recent speeches by Trump highlighting the seriousness of the rising number of deaths from the nation’s growing addiction to opioid painkillers, health care officials are waiting for the president to sign an executive order that will speed up federal funding and services. For example, one of the Commis30

sion’s recommendations would grant Medicaid waivers to all 50 states to apply to open opioid treatment centers to treat thousands of Americans.

Other recommendations would mandate medical education training in opioid prescribing to treat pain, enhance federal access to so-called Medication-Assisted Treatment (MAT) that reduces overdoses, and prioritize funding and manpower to help federal, state and local law enforcement officials to develop fentanyl detection devices and stem the flow of deadly synthetic opioids through the mail.

Another proposal includes a national protocol for dispensing naloxone, the fast-acting, FDA-approved nasal spray used to treat drug overdose. According to the Commission, a presidential standing order would require the prescribing of naloxone with all high-risk opioid prescriptions and equip all local law enforcement officials with the potent drug to save lives.

Arkansas Actions

But faced with the reality that opioid abuse in Arkansas is already at the emergency level, state policymakers, healthcare and lawmaker enforcement officials are moving forward with a number of directives.

A recent report by the U.S. Centers for Disease Control and Prevention (CDC) shows all but nine of Arkansas’ 75 counties had overall opioid prescribing rates higher than the national average of 66.5 prescriptions per 100 people. As a state, Arkansas has an opioid prescription rate of 114.6 per 100, second only to Alabama 2016 average of 121 per 100 people.

In a recent Joint Interim Committee on Public Health at the State Capitol, Arkansas Health Department (ADH) Director Nate Smith gave a report to lawmakers that enough opioids are now being sold in Arkansas for every man, woman and child to take 80 pills each over the course of a year. Altogether, 235.9 million pills were sold across Arkansas in 2016, Smith said, citing the most up-to-date data from the CDC. One of the key strategies to emerge in Arkansas to address the prescription opioid overdose epidemic is the Electronic Prescription Monitoring Program (PMP), the state-run electronic databases used to track the prescribing and dispensing of controlled prescription drugs to patients.

Between 2012 and 2016, the Substance Abuse and Mental Health Services Administration within the HHS funded pilot projects in nine states that promoted use of federal PDMPs by registered prescribers and dispensers to inform their clinical decisions and allow for intervention at the point of care.

Although Arkansas was not one of the original HHS-funded pilot programs, the Arkansas General Assembly did pass COUNTY LINES, FALL 2017

AAC legislation in 2011 authorizing the setup of state PMP’s that encourage practitioners to monitor the dispensing of opioids and prescription painkillers such as oxycodone, hydrocodone codeine and fentanyl.

Under the program, each time a controlled substance is handed out to an individual, the dispenser submits the information to the state’s central repository weekly, providing a Sunday through Saturday window into the misuse and abuse of prescription drugs. It also gives doctors and other medical practitioners, as well as law enforcement agents and other authorized individuals and agencies, access to prescription drug data to help ensure the legal use of controlled substances in health care.

In the recent legislative session, Republican lawmakers Sen. Jeremy Hutchinson of Little Rock and Rep. Kim Hammer of Benton updated the 2011 law, sponsoring Act 820 of 2017 that now mandates prescribers of opioids to enter information on controlled prescription drugs to patients into the state’s PMP database.

In 2013, Arkansas lawmakers followed up the PMP legislation with Act 1331, which prevents Arkansas patients from obtaining opioids and other addictive drugs through forgery, fraud and deceit to prevent doctor shopping. However, it was the 2015 session when lawmakers introduced at least a half dozen bills that addressed the emerging health crisis. The key legislation was the Arkansas Prescription Drug Abuse Act, which allows the Department of Health to develop algorithms to determine if a patient is being prescribed opioids within a 30-day period by more than three physicians. It also lets prescribers delegate access to the PMP database, sets up opioid prescribing guidelines for emergency departments, and provides immunity for good faith reporting of suspected drug diversion.

Other legislation in the 2015 session allowed wider access to the PMP database, including giving law enforcement investigators access to information to aid in criminal investigations.

Other key bills gave healthcare professionals access to naloxone and immunity from administrating the drug that blocks

COVER STORY

opiate receptors, and created a legislative task force to make sure those caught up in the criminal justice system can get behavioral treatment for substance abuse disorders.

High school education, federal help

Arkansas Attorney General Leslie Rutledge has announced a number of opioid-related initiatives that make use of preventative measures and law enforcement methods to fight the growing epidemic in local communities. In late July at the Arkansas Sheriffs’ Association annual meeting in Northwest Arkansas, Rutledge announced a no-cost, CDC-approved education curriculum to be offered to all Arkansas high school students to help them understand the dangers of prescription drug misuse and how to prevent abuse.

“Talking about the harmful impact of prescription drug abuse with children and teenagers can no longer be a goal. It has to be a reality,” Attorney General Rutledge said. “Arkansas ranks first in the nation for ages 12 to 17 in misuse of painkillers. Reversing this trend is a top priority of mine. Prescription for Life will be available to every high school student in Arkansas beginning this fall.”

On Aug. 17, U.S. Rep. Rick Crawford, R-Jonesboro, introduced a bipartisan bill that will help rural communities bolster their efforts to fight the opioid and addiction epidemic. Under the Addiction Recovery for Rural Communities Act, rural communities would be able to better leverage U.S. Department of Agriculture (USDA) Rural Development programs to combat opioid and heroin use.

“The cost of opioid addiction goes beyond the heartbreaking individual loss of life: there’s also law enforcement and health care costs that weigh on all of us,” Crawford said. “But in rural America, treatment can be hard to administer, and the same tactics that work in urban areas aren’t as effective in places like the 1st District. We want to do our part at the federal level to help the folks at home who are dealing with this problem day in and day out.”

Arkansas’ opioid epidemic by the numbers • Opioids are responsible for 75 percent of all prescription drug overdose deaths.

• 235.9 million pills were sold across Arkansas in 2016.

• Arkansas ranks in the top 20 percent of states that prescribe the most painkillers.

• 1,067 people have died in Arkansas since 2013 from a drug overdose.

• Arkansas has the second-highest opioid prescription rate in the nation.

• Arkansas was home to the highest rate of teen prescription drug abuse across the country in 2013.

Information from the Centers for Disease Control and Arkansas Department of Human Services COUNTY LINES, FALL 2017

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AAC

COVER STORY

The bar chart above shows the total number of U.S. overdose deaths involving opioid drugs from 2002 to 2015. Included in this number are opioid analgesics, along with heroin and illicit synthetic opioids. The chart is overlayed by a line graph showing the number of deaths of females and males. From 2002 to 2015 there was a 2.8-fold increase in the total number of deaths.

President declares opioid epidemic a public health emergency Story by Valerie Brankovic NACo Legislative Assistant

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n Oct. 26, President Donald Trump directed acting U.S. Secretary of Health and Human Services (HHS) Eric Hargan to declare the opioid epidemic a public health emergency under the Public Service Act. The administration’s long-planned declaration followed through on a recommendation put forth by the White House Commission on Combating Drug Addiction and the Opioid Epidemic, but stopped short of committing new federal funds to the epidemic. Under the Public Health Service Act, a public health emergency declaration enables the HHS secretary to waive certain administrative regulations around treatment resources and allow states greater flexibility in using federal dollars to combat a public health crisis. A public health emergency declaration lasts for 90 days and can be renewed by the HHS secretary. There are currently 13 localized public health emergencies in effect in response to recent hurricans and the California wildfires.

Although it is narrower in scope than a wider federal emergency declaration, the White House’s public health emergency declaration is expected to facilitate the following actions: Allow patients to obtain medically-assisted treatment via telemedicine, which could make treatment more accessible for 32

individuals in remote areas; Provide state and federal agencies greater flexibility in hiring substance abuse specialists; Expand eligibility for U.S. Department of Labor Dislocated Worker Grants to include people with opioid addiction; and Issue guidance on healthcare privacy laws that currently prevent medical providers from sharing medical information with the families of overdose victims.

In addition to the above action items, HHS also will be empowered to tap into funds available through the congressionally established Public Health Emergency Fund. The fund’s reserves currently total approximately $57,000. The president’s opioid commission released its final slate of policy recommendations on Nov. 1. (See page 29 for a summary of recommendations).

The nation’s worsening opioid epidemic has become a leading cause of death for Americans under age 50. The National Association of Counties (NACo) will continue to work with Congress and the administration to ensure counties have the resources they require to respond to this urgent public health issue.

Valerie Brankovic joined NACo in 2017 and serves as legislative assistant. She assists with legislative research, writing and federal advocacy efforts on issues including health, human services and education, telecommunications and technology, and justice and public safety.

COUNTY LINES, FALL 2017

AAC

COVER STORY

President’s opioid commission issues final recommendations The President’s Commission on Combating Drug Addiction and the Opioid Crisis, released its final recommendations on how to fight the national opioid crisis on Nov. 1, 2017.

According to the commission’s report, the country should increase federal funding and addiction prevention programs, expand federal drug courts and devise new law enforcement strategies to reduce opioid supply.

The commission issued 56 recommendations, which are available online. Here is a summary of a few of the recommendations: Federal Funding and Programs • Block grant federal funding for opioid-related and Substance Use Disorder (SUD) related activities to the states to allow more resources to be spent on administering lifesaving programs rather than on reporting.

• Establish a coordinated system for tracking all federally funded initiatives and invest in only programs that achieve quantifiable goals and metrics.

Opioid Addiction Prevention • Collaborate with states on programs to identify at-risk youth needing treatment. Deploy prevention tools for adolescents in middle school, high school and college levels.

• Design and implement a wide-reaching, national multiplatform media campaign addressing the hazards of substance use, the danger of opioids, and stigma.

Prescribing Guidelines, Regulations, Education • Develop model statutes, regulations, and policies that ensure patients understand the risks, benefits and alternatives to taking opioids for chronic pain.

• Update guidelines for prescription pain medications.

• Develop and disseminate a model training program on screening for substance use and mental health status to healthcare providers and prescribers.

Prescription Drug Monitoring Program (PDMP) • Mandate states that receive grant funds to comply with PDMP requirements, including data sharing, and fund

the establishment and maintenance of a data-sharing hub.

• Increase electronic prescribing to prevent diversio, forgery.

Supply Reduction and Enforcement Strategies • Utilize Take Back Day to inform the public about drug screening and treatment services.

• Remove pain survey questions on patient satisfaction surveys so providers are never incentivized for offering opioids to raise their survey score.

• Enhance federal sentencing penalties for the trafficking of fentanyl and fentanyl analogues.

• Target drug trafficking organizations and other individuals who produce and sell counterfeit pills, including through the Internet.

•

•

• •

Opioid Addiction Treatment, Overdose Reversal, and Recovery Remove reimbursement and policy barriers to SUD treatment, that limit access to FDA-approved medicationassisted treatment, counseling, inpatient/residential treatment, and other treatment modalities.

Broadly establish federal drug courts. State, local, and tribal governments should apply for drug court grants and divert individuals with an SUD who violate probation terms into drug court, rather than prison.

Implement naloxone co-prescribing pilot programs to confirm initial research and identify best practices.

Implement guidelines and reimbursement policies for recovery support services, including peer-to-peer programs, jobs and life skills training, supportive housing, and recovery housing.

Research and Development • Review existing research programs and establish goals for pain management and addiction research (both prevention and treatment).

• Fund and continue research to develop and test innovative medications for Substance Use and Opioid Use disorders.

Notable commission conclusion “The origins of the current opioid crisis can be traced ... to a five-sentence letter to a biomedical journal in 1980, followed by other low-quality articles claiming that opioid narcotics are safe to use universally for chronic pain ... It also instigated the opioid pharmaceutical industry to embrace and exploit the flawed claims with aggressive marketing and ‘educational outreach.’”

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AAC

COVER STORY

Over 100 counties lining up to sue big pharma

County lawsuits against pharmaceutical companies, hoping to recoup costs from treating opioid epidemic, total more than 100

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he 1998 tobacco settlement looms over the growing number of counties suing pharmaceutical companies for their marketing of opioid painkillers.

More than 100 counties are suing to recover the costs they have borne in treating or jailing residents addicted to opioid-based painkillers, heroin or fentanyl, due in large part to marketing by several drug companies that obscured how addictive the drugs could be. Twenty-nine Wisconsin counties filed lawsuits Nov. 7, and the same day a 37th Kentucky county joined its state association’s effort, with other counties deciding to sue almost weekly. The same day in Texas, Dallas and Tarrant counties filed their suits. Three state associations of counties so far are taking lead roles in coordinating action.

The Association of Arkansas Counties (AAC) is awaiting individual counties to authorize suits and sign engagement letters, after the state’s county judges association voted unanimously to support possible litigation. None of the suits are enumerating damages, yet.

At the same time, several state attorneys general have filed suit on behalf of their states. Mark O’Connell, executive director of the Wisconsin Counties Association, said that while that may seem duplicative, the $206 billion tobacco settlement slighted local governments, and separate action was the best way to make sure governments’ damages were addressed.

“What rings in the ears of county officials was when the states’ attorneys general filed suit and prevailed in a settlement with tobacco companies, the states indicated to local units of government that the states would receive some kind of compensation and then they’ll share with the locals,” he said. “All of that worked out pretty well except the sharing part. That’s where the states forgot. We wish the states well in their efforts, 34

but we as counties have our own costs, our own challenges, our own damages.”

The Wisconsin suit targets Purdue, Teva, Cephalon, Johnson & Johnson, Janssen and Endo, among others, and a few doctors.

“We’re going to pursue those damages on behalf of each and every county. I expect over 60 (Wisconsin) counties will participate. For Wisconsin counties, we’re looking at hundreds of millions in damages. Nationally, we’re in the billions.”

O’Connell envisions a national effort by state associations to organize their members in suits, rather than a top-down national effort.

“Even an issue like this, it’s hard to get 3,069 cats looking the same way,” he said.

The legal team

Along with Andy Phillips, who has served as the state association’s general counsel for more than a decade, the Wisconsin counties are represented by Crueger Dickinson of Wisconsin, and Simmons Hanly Conroy of New York, the latter also representing 10 New York counties in their pharmaceutical lawsuits.

Paul Hanly of Simmons Hanly Conroy is, so far, the only attorney to prevail against a pharmaceutical company, when he won a $7.5 million mass action judgment against Purdue in 2004. That also led to a $600 million federal fine and jail time for executives.

When selecting representation for a similar lawsuit, O’Connell advises counties that it was crucial that a firm understands how counties operate.

“We’re different from cities, we’re different from our friends in the towns, we’re different from states, we’re very unique,” he said. “We’re creatures of the state, we perform at the pleasure COUNTY LINES, FALL 2017

of the state, we carry out functions for the state, but we incur our own costs. That unique understanding in how social work occurs on the county level is critical if we want to fully understand the costs that we have incurred.”

“We want to have as many counties represented by as few legal teams as possible,” O’Connell said. “The fewer of them at the table, the more likely we’ll have a productive conversation.”

Given the number of federal suits involved, a mid-December motion of a multidistrict litigation hearing will consolidate the federal suits for pretrial litigation before one judge, and Phillips expects a decision in early 2018.

“The cases ought to be sited in Wisconsin given the number of counties that are involved now,” he said.

Counties signing on

Eau Clair County is one of the Wisconsin counties suing.

Board Chairman Gregg Moore said it was important to hold drug companies responsible for their role in the crisis, but acknowledged it was still difficult to do so.

“Pharmaceutical companies do a lot of good work; they create a lot of vital medicines that mean the difference between life and death for a lot of people,” he said. “But in this case, their product has caused ongoing damage in terms of lives lost and the services counties have to provide.”

Moore said the attorneys working the case on a contingency basis reduce the financial commitment on the part of counties and make the choice to join the lawsuits easier.

Contingency fees for attorneys range between 25 to 30 percent.

Phillips said legal action wasn’t entirely the last resort for counties seeking relief, but it may be the most direct.

“We’ve heard from membership that the opioid epidemic is busting budgets,” he said. “We view litigation as not the only way to get them help but certainly one of the primary ways to get member counties some direct assistance as it comes to battling this epidemic.”

O’Connell says it’s a no-brainer for most, and that state associations would assist in assessing damages.

“If you exist in the United States as a unit of local government, you have incurred damages,” he said. “Some may look at this and say we’re a low population county, it may not be worth it for me to review records over 20 years to figure out how much we’ve spent, but more than likely they’ll look at it and say it’s worthwhile.”

In early 2017, Santa Clara and Orange counties in California settled with Teva for $1.6 million, which will fund substance treatment and education efforts.

County costs

In Marathon County, Wisconsin, a jail built to house 182 inmates has been averaging 420 in 2017, and even more have been sent to neighboring county jails to the cost of $1.2 million per year. On top of drug possession charges, addicts often resort to burglary and theft to fund drug habits.

“That’s only part of it, you have additional costs of social workers, the cost to the county is just astronomical,” said Kurt Gibbs, chairman of the county’s Board of Supervisors. “They’re costs we never expected years ago that are now becoming routine.”

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By late October, Marathon County’s costs for out-of-home placement services for children of addicted parents in 2017 is already $456,000 over 2016’s entire year budget.

Urban counties, too Tarrant and Dallas counties are two of the largest in the county, and their participation is a harbinger of other large urban counties’ involvement. The topic got attention last month at the Large Urban County Caucus Symposium in Salt Lake County, where a panel of experts discussed suing opioid manufacturers and distributors.

“Where the political and regulatory processes have failed, the courts are sometimes the last resort for trying to get some kind of compensation,” said moderator Teneille Ruth Brown of the SJ Quinney College of Law at University of Utah.

Counties considering whether to sue an opioid manufacturer or distributor should plan to go to trial, said Danny Chou, assistant county counsel, Santa Clara County, California Counsel’s Office, where he oversees impact litigation.

“We go into every lawsuit that we file with the assumption that we are going to go to trial,” he said. “We find that in order to litigate against these large corporate defendants, if they don’t believe you’re willing to go to trial, they’ll just run all over you.”

Harriet Ryan, a reporter for the Los Angeles Times, who is part of a team at the newspaper reporting on the opioid crisis, said that drug manufacturers have armed themselves with information about alleged illicit activity involving their prescription opioids, but have done little to stop it, in order to continue to make profits.

The newspaper published a series of articles last year about the opioid epidemic, focusing on Purdue Pharma, a manufacturer of OxyContin. Among the report’s findings: In 2007, the U.S. Justice Department and several states reached a settlement with Purdue Pharma for its early marketing of OxyContin which claimed the drug was less addictive than it actually was, reaching a $600 million settlement.

The reporters found there was a “duration” problem with OxyContin, where it wears off early in many patients, fostering addiction, and making people “accidental addicts.”

Illicit trafficking of OxyContin showed involvement by drug dealers and gangs. “Our investigation showed that this company, with its beautiful headquarters in Stanford, Connecticut, collected lots and lots of evidence of suspected trafficking of its pills. In many, many cases they never turned it over to law enforcement. They did not stop the flow of their pills into ‘dirty’ pharmacies that were fueling our national problem.”

What’s happening now that sales of opioids are falling? The family that owns Purdue has a strategy for replacing their lost revenues by selling pills in China, Latin America and Africa, using a lot of the same tactics they used here.

The opioid crisis “reveals so much that’s broken in our system and so many failures,” Brown said. “Failures in regulatory law, failures in our response, failures in regulating doctors and pharmaceutical companies. There isn’t one corner of society that is immune.”

By Charlie Ban, NACo County News senior writer and web editor, and Mary Ann Barton, NACo County News senior writer.

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Saline County coroner joins AAC board

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Story and Photo by Holland Doran AAC Communications Coordinator

aline County Coroner Kevin Cleghorn knew he was going to be a singer at the age of 3, when he sang his first solo in church. Investigating death was not his plan. Hindsight is 20/20, though.

He grew up in Sheridan and moved to Bryant when he was 9. He graduated from Bryant High School in 1988, and then pursued a music degree at Henderson State University. However, a crippling case of pneumonia forced him to take a leave from school in his sophomore year.

While working at Timber Ridge Near Restorative Ranch, he witnessed a 16-year-old boy have a seizure. He felt helpless.

“I vowed that would never happen to me again,” he said.

“From then on, I determined I didn’t want to go back to my music major because that’s not where I was headed.”

He went instead to Emergency Medical Technician (EMT) school and served as a paramedic in Saline County for more than 22 years.

A career as a coroner never crossed Cleghorn’s mind until 36

2011, when he decided to assist his friend and former Saline County Coroner Will Bearden.

Bearden groomed Cleghorn for the chief deputy coroner job by bringing him on as a part-time deputy coroner. But Cleghorn had no ambition to pursue the deputy coroner position. It wasn’t until his father, Rodney Cleghorn, passed that he entertained the idea.

“My dad told me this could very easily not just be a job opportunity, but a career changer for you,” he said. “It could be a huge step in the direction that God wants you to go. Right after he gave me those words of advice, my dad passed away.”

Bearden was one of the first people at Cleghorn’s side after his father passed away.

“Will taught me that day what the office of the coroner really is because now I was on that side of it,” he said.

Cleghorn accepted the chief deputy coroner job a week later.

In 2013, Cleghorn ran for Saline County coroner and won by a landslide in the 2014 election. He took office in 2015.

Cleghorn has finally found a passion as coroner.

“Working on an ambulance was great, and I was able to help many, many people over the course of my 30 years,” he said.

“But what I do as a coroner goes with them for the rest of their life. There’s very little I can do for the deceased, but what I do is for the family. If I can ease that pain just a little bit like Will Bearden did for me, then I will have succeeded.”

Cleghorn was elected president of the Arkansas Coroners’ Association in December 2016, succeeding Faulkner County Coroner Patrick Moore, who passed away in September.

“I was dumbfounded, very honored and very humbled that the association saw something in me, that they entrusted the education program and legislation team under my care,” he said.

Cleghorn wears many other hats. He is a nationally licensed forensic death investigator, a state-licensed paramedic and a national registered paramedic. He is director of the South Central Region of the Infant and Child Death Review Committee and a member of the Arkansas Coroners’ Association’s inaugural Education Development Committee.

He’s new to the Association of Arkansas Counties (AAC) board of directors. In the past, the Coroners’ Association had one representative on the AAC board. But since the Coroners’ Association has become a more active group, the AAC membership amended the AAC bylaws to allow the Coroners’ Association to have two representatives on the board. Cleghorn serves alongside Pulaski County Coroner Gerone Hobbs.

“I’m very honored that I’m in this position,” Cleghorn said.

“There are some amazing people working behind the scenes for the counties and the state of Arkansas, and now I get to be a part of that elite.”

Cleghorn still sings semi-professionally with his brothers, Raymond and Damon, in the gospel music group the Cleghorn Brothers. He also enjoys spending as much time as possible with his wife of 11 years, Kelly, and their sons — 22-yearold twins, Kyle and Cole, and 10-year-old Gabriel.

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Stone County assessor new to AAC board

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Story and Photo by Holland Doran AAC Communications Coordinator

tone County Assessor Heather Stevens can confidently say she’s “been there, done that” when it comes to running the office of county assessor.

Born and raised in Mountain View, Stevens has worked her way up the ranks from Stone County deputy assessor to a new member of the Association of Arkansas Counties (AAC) board of directors. The Arkansas County Assessor’s Association board elected her during its November meeting.

Stevens is honored to represent county assessors on the AAC board and eager to collaborate with other associations.

“I’m excited because being on the AAC board means you’re involved with every association,” she said. “You have a broader span than just being limited to an assessor’s perspective of government.”

After graduating from Mountain View High School in 1994, she earned an associate’s degree in applied science from Ozarka College.

She then took on the deputy assessor role under her mother, COUNTY LINES, FALL 2017

BOARD PROFILE

former Stone County Assessor Kay Harrington, who served from 1991 to 2008.

“There was not a nepotism policy at the time, but there is now,” she said.

One of Stevens’ first projects was to plat out the entire county on paper. Though it was “quite an undertaking” at the time because they didn’t have the luxury of a computer or software, Stevens said she enjoys mapping. It is now her specialty.

“I love to map. It’s just interesting; it’s like putting together one big puzzle,” she said.

When Stevens’ mother retired in 2008, Stevens decided to run for assessor. She took office in 2009, and has loved it ever since.

“I love to serve in county government and for the best interest of the people,” she said. “We definitely need a voice for sure.”

Stevens has acute awareness of the needs of county assessors through her time in the Arkansas County Assessor’s Association. She served four years as a board member, one year as secretary/treasurer, one year as vice president and one year as president.

She also has been a voice for assessors at the state level, working with AAC to pass bills to help maintain the integrity of personal and homestead property taxes during the 2017 legislative session.

Stevens has discovered what it takes to expand her skills.

“Always have an open mind and open ears because you can learn something new every day,” she said.

She has used this knowledge as motivation to help her earn various designations through the Arkansas Assessment Coordination Department, and as a platform to encourage other assessors to do the same.

Stevens is currently working to earn the International Association of Assessing Officers’ (IAAO) cadastral mapping specialist designation.

She has received recognition for excellence in her assessing work. Former Arkansas Gov. Mike Beebe appointed her to serve on the Arkansas Geographic Information Systems Board, and IAAO named her Outstanding Assessor of the Year in 2016.

As a member of IAAO, Stevens looks forward to networking with assessors from around the world. “You get to meet a lot of new faces and see how they do things, what works and what doesn’t,” she said. Stevens and her husband, Dan, have been married 14 years. She has three children and two stepchildren that keep her on the move with their rodeo activities.

Few may know, but Stevens’ family is competitive chuck wagon racers. Her husband competes in National Chuckwagon Championship Races in Clinton as the Stone County Tick Pickers, while her girls are involved with the National Chuckwagon Championship Races drill team.

Stevens also enjoys coaching Upward Bound youth basketball and softball during the summer.

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Sheriff Scott Bradley began his job as director of the Arkansas Sheriffs’ Association in October. He succeeds former Polk County Sheriff Mike Godfrey.

Sheriff brings integrity, dedication to director role Former Van Buren County Sheriff Scott Bradley named director of Sheriffs’ Association.

Story and Photo by Holland Doran AAC Communications Coordinator

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heriff Scott Bradley has seen a lot of twists and turns in his law enforcement career, and he’s ready for the next one as he steps into his new role as executive director of the Arkansas Sheriffs’ Association.

Bradley calls Shirley, Arkansas, in Van Buren County home.

He graduated from Shirley High School in 1985 and lives 38

there with his wife, Kim Coleman Bradley. They’ve been married for 25 years and have four children — Brandy, Gullum, Gwen, and twins Derek and Ali. Becoming a sheriff wasn’t always a goal for Bradley. After graduating high school, he set his sights on a real estate license and sold real estate for a short time in Fairfield Bay. His sight shifted when in 1996 former Van Buren County Sheriff Mike Bridges offered him the deputy sheriff job. Embracing his strong desire to serve and help others, Bradley COUNTY LINES, FALL 2017

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quickly took the job and served as deputy until 2000.

“Ronnie was a mentor and a very close friend, and I value “When I was given the opportunity to go into law enforce- greatly the time that I got to work alongside him,” he said. ment, I took it,” he said.

“Ronnie had an incredible work ethic and truly cared about During this time, he attended the Arkansas Law Enforce- the sheriffs of Arkansas. One thing is for sure, you never had ment Training Academy and worked his way up to being a to wonder what he was thinking.” criminal investigator.

Polk County Sheriff Mike Godfrey was Baldwin’s immediate “I enjoyed being a criminal investigator because it was very chal- successor last year. However, he has returned to his home and lenging,” Bradley said. “No cases were the same, and it was very family in Mena and is working as an investigator for the Polk rewarding when we were able to solve a case and help someone.” County Sheriff’s Office.

From 2000 to 2002, he worked for the 16th Judicial District The executive director’s position, with its requirement of sound of Arkansas Drug Task Force as a drug enforcement agent. In public relations skills and the intuition and knowledge to deal 2002, he was elected Van Buren County sheriff and made the with local and state government, seems a natural fit for Bradley. safety and welfare of the citizens his top priority.

“I cannot imagine a better job than working for the sher“I feel serviffs of the ing the citigreat state of zens of Van Arkansas,” he cannot imagine a better job than working for the sheriffs of the great Buren Counsaid. “As the ty as sheriff executive distate of Arkansas. As the executive director, I feel the top priority is to for 15 years rector, I feel has given me the top prioralways be available and take care of any problems that may arise. the insight ity is to always necessary to be available serve the sherand take care iffs,” he said. of any problems that may arise. There are big shoes to fill, and When Bradley thinks of his career highlights as sheriff, peo- I am very thankful for the opportunity to serve as the director ple come to mind. He thinks of the kids he helped through the at such a great organization.”

Shop with a Cop Program that provided Christmas presents New Arkansas Sheriffs’ Association President and Perry to kids in Van Buren County. He also thinks of “working with County Sheriff Scott Montgomery said he has no doubt Brada fantastic staff for the past 15 years that are more like family ley will easily pick up the director reigns left by Godfrey. than coworkers.”

“My hope is to see the association continue to grow with his Along with the good times, there were always difficult times leadership,” Montgomery said. “Sheriff Bradley is one of the as sheriff, Bradley said. One event that will forever stick in his longest tenured sheriffs in the state. Along with those years of memory is the February 2008 tornado that devastated a large experience he brings honesty, integrity and dedication to the portion of Van Buren County. The tornado caused three fatali- role as director. With the association losing a great leader like ties and severe damage to homes and businesses.

Mike Godfrey, it is our goal to have business carry on as usual “No matter how much you prepare, these situations are very and, Sheriff Bradley will be the perfect fit.” chaotic and stressful,” he said. “But with the help of county The director role is a position Bradley can see himself in for and state agencies we were able to work together and take care a while. of the situation. I’m very proud of how everyone came to“My future plans are to serve as the director of the associagether to serve the citizens of Van Buren County.” tion as long as they will have me,” he said.

As one of the longest tenured sheriffs in Arkansas, Bradley Bradley is a proud family man. When he’s not on the job, was comfortable with his job in Van Buren County. But his he’s spending time with his wife and children. He also likes skills go beyond local government. He has tread the waters of spending time outdoors hunting, fishing and golfing. state government by serving on the Arkansas Sheriffs’ AssociaBradley’s community service does not end at the county tion board of directors and as association president from 2013 government level. He has served as a Shirley School District to 2014, which allowed him to work with former executive board member and as vice chairman of the Arkansas profesdirector Ronnie Baldwin, who passed away in August 2016. sional bail bonding licensing board.

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Towering Above Bradley County Courthouse features three-story bell tower.

Story by Mark Christ s Photos by Holly Hope Arkansas Historic Preservation Program

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hile Bradley County may be best known to many in Arkansas as the home of the annual Pink Tomato Festival, it also can stand proudly beside its architectural heritage, which is manifested by such buildings as the Queen Anne-style Bailey House, the Folk Victorian Adams-Leslie House, and the Ederington House, a classic example of the Craftsman style.

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Opposite Page: The Bradley County Courthouse was completed in 1903.

Above: The small brick structure erected next door to the courthouse has served as the county clerk’s office, the sheriff’s office, a museum and a library.

Right: Pictured is the staircase inside the courthouse, which is three stories tall.

None can compare, though, to the 1903 Bradley County Courthouse, a fanciful interpretation of Classical Revival architecture designed by Frank W. Gibb. The Arkansas Historic Preservation Program has worked with Bradley County since 1996 to preserve this landmark, including a monumental project in 2015 and 2016 (see related article).

Bradley County was created from part of Union County on Dec. 18, 1840, and at the time contained all the land from which Cleveland, Lincoln, Ashley and Drew counties would be formed. It was named in honor of Capt. Hugh Bradley, an early explorer of the Red River region who settled near modern-day Warren. A monument to Bradley, a War of 1812 veteran from Tennessee, stands today on the courthouse lawn.

The first county court meeting was held in Capt. Bradley’s cabin on April 5, 1841, but after John Marks and John Splawn donated land for a county seat — originally called Pennington’s Settlement, but soon named Warren — a log building with a fireplace at each end was built in 1843 to house county government. This humble structure sufficed until 1858, when contractors Sweeney, Copeland and Pennington were engaged to construct a new building. This courthouse, a two-story, stucco-encased edifice, was completed in 1861 and cost $7,498.

While the second courthouse building was still in use, a small brick structure was erected next door to house the Bradley County Clerk’s office. Completed in 1890, it displays a modest Italianate-style design topped by a rather elaborate metal roof topped by shaped metal cresting. Still standing COUNTY LINES, FALL 2017

adjacent to the courthouse, the building has also housed the Sheriff’s Office, a museum and a library over the years.

When Bradley County officials decided a new courthouse was needed, they turned to Little Rock architect Frank W. Gibb for what may have been the first of his many courthouse projects. While the Bradley County project was completed in 1903, Gibb also designed courthouses in Calhoun County (1909), Dallas County (1911), Phillips and Yell counties (1914) and Franklin County (1923). His obituary, in fact, credited him with nearly 60 courthouse designs, many of which do not survive. E.L. Koonce, the contractor for the Warren building, partnered with Gibb on at least three of the other Arkansas courthouses.

The Bradley County Courthouse features a central core area that is flanked by wings and towers — a design that would be a hallmark of Gibb-designed county seats. Its twotoned brick exterior is an unusual detail, and the brick sections of the two-story building are separated by a cut-stone water table and belt course, creating a mixed-masonry effect.

Its primary façade centers on a central, flat-roofed portico flanked by Tuscan columns, and most of the windows are capped with keystone arches.

The most striking feature of the building is the three-story bell tower on the building’s southwest corner (yes, the bell still works). The tower includes classical arched windows, a four-faced clock and a cupola with arched openings and See

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Courthouse columns, as well as a dentil cornice. The opposite corner of the building holds a striking twoand-one-half story tower topped by arched openings supported

by Corinthian columns. Even the side elevations feature some splendid details, with doors topped by classical pediments.

The Bradley County Courthouse and County Clerk’s Office were listed on the National Register of Historic Places on Dec. 12, 1976. The nomination concluded: “Constructed in 1903, the Bradley County Courthouse stands in the center of Warren’s business district. As the largest and most significant building in the county, the courthouse is an architectural and historic landmark in Bradley County.”

And once a year, a fine place to enjoy some pink tomatoes.

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Among the many programs and services of the Arkansas Historic Preservation Program is the County Courthouse Restoration Grant Program. Created in 1989, this grant program has helped to extend the lives of courthouses that hold vital links to community pride and local history. These grants are funded through the Real Estate Transfer Tax, administered by the Arkansas Natural and Cultural Resources Council. Since the beginning of the program, the AHPP has awarded more than $22.9 million to 74 historic courthouses and courthouse annexes around the state for use in rehabilitating, preserving and protecting these important historic resources. Since 1996, Bradley County has received 10 grants totaling $747,257 for the Bradley County Courthouse.

Arkansas Historic Preservation Program County Courthouse Restoration Grants awarded in Bradley County FY1996 Foundation Work $12,000 FY1997 Stabilize Foundation $60,000 FY1998 Exterior Painting $24,000 FY2000 Exterior Masonry, Interior Restoration $15,000 FY2008 Masonry Restoration (East Elevation) $16,400 FY2009 Masonry Restoration $25,000 FY2013 Window Restoration $57,606 FY2014 Stabilize Masonry and Foundation $37,401 FY2015 Foundation Stabilization $250,000 FY2016 Reconstruct South Wall $249,850 TOTAL:

$747,257

Reconstruction of courthouse facade was ‘tricky’

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Story by PAUL PORTER AHPP Technical Assistance Coordinator

he Arkansas Historic Preservation Program (AHPP) has tackled dozens of tricky projects at county courthouses across the state, but Bradley County presented a unique challenge: a total reconstruction of its elaborate front façade.

In previous grant cycles, underpinning of the foundation took place on the east side of the building because the clay soil in the region is not stable and allows for buildings to settle unevenly, causing numerous structural issues. As a result of the foundation underpinning in FY2012 and FY2013, the conflicting forces of upward and downward thrust caused the front wall of the courthouse to buckle more than five inches forward out of plumb, which was most evidenced by the warped shape of the arch-topped windows and the bowing side wall evidenced by the downspout shifting forward on its masonry anchor.

The structural damage was extensive enough that the entire front and side walls of the center three projecting bays of the building had to be rebuilt. Making the project even more difficult was the walls were constructed of unreinforced masonry, a five-wythe (a wythe is a row of brick) thick wall. The floors and the roof of the building had to be supported while the walls 42

were removed. Concrete piers and pipe bracing were constructed to support the loads of these building elements while the brick walls were taken down.

As the bricks were removed, they were cleaned, numbered and stacked for reuse in their historic locations. It was a timeconsuming and tedious job, but the end results were worth the effort. The new walls were constructed of concrete masonry units (CMU) for the sub-walls. The dimensions of the CMU helped maintain the historic thickness of the walls.

A black liquid membrane was then applied to the CMU to waterproof it. Then the facing bricks were reinstalled in their historic locations (hence the numbering during disassembly).

Metal wall studs were installed on the interior to receive the electrical work and insulation before drywall was installed.

As the building was re-assembled, the historic interior baseboards and window trim were salvaged and installed. After the masonry work was completed, the glass in the windows was installed, and the interior finished.

The total project cost was $500,000, which took two grant cycles to fund and complete. This project was the most ambitious and expensive courthouse project since the AHPP courthouse grant program’s inception in 1989. The finished project is testament that it was a worthwhile endeavor.

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Assessors meet in Pulaski County, install officers Top: The Arkansas County Assessors’ Association installed its new executive board during a banquet held Nov. 16, 2017, at the Doubletree Hotel in Little Rock. The new officers are (from left to right) Beth Rush (Ashley County), District 4 representative; Cathy Bennett (Franklin County), District 1 representative; Jayme Nicholson (Baxter County), secretary/treasurer; Trina Jones (Van Buren County), vice-president; Dana Baker (Pope County), president; Judy Smith (Sevier County), District 3 representative; Kim Hollowell (Crittenden County), District 2 representative; and Sandra Cawyer (Columbia County), AAC board member. Not pictured is Heather Stevens of Stone County, whom the executive board elected on Nov. 17, the day after the banquet, to represent the Assessors’ Association on the AAC board.

Middle left: Assessment Coordination Department Executive Director Bear Chaney introduces a speaker.

Middle right: Pulaski County Assessor Janet Troutman Ward welcomes her colleagues.

Bottom: Poinsett County Assessor John Hutchison (far right) presents plaques to Harrisburg Middle School EAST facilitator Karla Garrison, students Emily Wigginton and Havanna Kocher, and Kevin Pruitt of Total Assessment Solutions Corp. Emily, a sixth grader, and Havannah, an eighth grader, participated in a project to convert the assessor’s office raster-based maps into vector files using a georeferencing process to map neighborhoods, blocks and lots.

Go to to see more photos.

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Coroners cover crime scene photography in training session Top left: Juan Reyes (left), training supervisor at the Arkansas Law Enforcement Training Academy (ALETA), assists trainees using a light to take photos during a 12-hour crime scene photography course organized by the Coroner’s Continuing Education Board.

About 25 coroners and deputy coroners gathered for the training in at the Wyndham Hotel in North Little Rock (Pulaski County) Nov. 4-5, 2017. Coroners sharpened their skills in documenting details at a crime scene, taking photos of a scene at night, how to properly use a phone camera and more.

Middle, left: Arkansas Coroners’ Association President and Saline County Coroner Kevin Cleghorn shares a laugh with Pulaski County Deputy Coroner Karen Cumming.

Middle, right: Phillips County Coroner Earnest Larry works with a digital camera during the training.

Bottom, left: Sebastian County Deputy Coroner Jeff Turner practices taking photos with a camera and his phone’s flashlight.

Bottom, right: Course attendees listen intently while following Reyes’ guidance onworking with cameras in low-light settings.

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AAC seminar focuses on public speaking

The Association of Arkansas Counties (AAC) hosted an Introduction to Public Speaking on Nov. 9, 2017. Nearly 80 county and district officials from across the state attended. Topics included public speaking fundamentals, engaging an audience, creating effective presentations, and communicating with the media.

Top: Pope County Treasurer Larry Holman and Washington County Collector Angela Wood hold a discussion during a break.

Middle left: Aaron Sadler, media relations specialist with Ghidotti Communications of Little Rock, offers pointers for effectively communicating with the media.

Middle right: Kirsten Heintz, speech communication instructor at the University of Arkansas Pulaski Technical College, covers the basics of public speaking.

Bottom left: Tanner Ward, senior account executive with Team SI, provides a lesson in how to create an attention-grabbing PowerPoint presentation.

Bottom right: Faulkner County Justice of the Peace Randall Higgins describes a personal situation and asks for advice.

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Roads Seminar covers pavement assessment, road solutions The County Judges’ Association of Arkansas (CJAA) hosted its Roads Seminar Oct. 24-26, 2017, at Lake DeGray Resort State Park in Bismarck (Clark County).

Topics included assessing and repairing pavement, applying for funding through the Unpaved Roads Program, and more.

Top right: Madison County Judge Frank Weaver, president of the County Judges’ Association of Arkansas, welcomes those who attended the County Roads Seminar.

Middle right: The Arkansas Department of Transportation’s Technology Transfer Program recognized recipients of the Level 2 (T2) designation in the ROADS Scholar Program. Pictured, left to right, are T2 Program Manager Laura Carte; Greene County Road Superintendent Dave Tierney; Lafayette County Judge Mike Rowe, who accepted the award on behalf of the county’s road crew employee; George Bridges with the city of Little Rock; Jacob Wright with the city of Malvern, and University of Arkansas’ Center for Training and Transportation Professionals Director Stacy Williams.

Bottom middle: Calhoun County Judge Floyd W. Nutt talks about how the Unpaved Roads Program has given him the tools and support to complete several road projects, including rebuilding a road affected by flooding.

Bottom right: Stone County Judge Stacy Avey praises AEDC and the Unpaved Roads Program for teaching road managment and repair techniques that have helped the county cut down on road maintenance and fix drainage issues.

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Circuit clerks talk e-filing, swear in slate of officers Top left: Arkansas Association of Circuit Clerks’ President and Monroe County Clerk Alice Smith, right, chats with Crawford County Chief Deputy Circuit Clerk Pam Neel during the association’s fall continuing education meeting in Little Rock, Pulaski County, Oct. 18-20.

Top right: Arkansas Supreme Court Chief Justice Dan Kemp gives circuit clerks an update on the Strategic Planning Committee of the Arkansas Supreme Court. Association of Arkansas Counties (AAC) board member and Benton County Circuit Clerk Brenda DeShields and Saline County Circuit Clerk Myka Sample are members of the committee.

Second row left: Arkansas State Auditor Andrea Lea thanks circuit clerks for their dedicated work. Auditor Lea administered the oaths of office to association officers.

Second row right: District Court Judge Charles Baker gives an overview of the Soveriegn Citizens Movement and offers advice on how circuit clerks should handle files submitted from soveriegn citizens in their counties.

Bottom left: Pictured are circuit clerks who were awarded grants for their counties’ automated record systems.

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PHOTO RECAP

More than 100 gather for Jail Law Seminar

The AAC served as the site of a Jail Law Seminar on Oct. 12, 2017. The seminar, led in large part by Attorney Mike Rainwater and others in his firm, attracted more than 100 attendees, including jail administrators, sheriffs and more. Topics included “Hiring, Firing, Training, and Discipline,” “Due Process,” “Medical Care,” and “Physical Force,” among others.

Top: Pictured are Attorney Thom Diaz, Attorney Jason Owens, AAC Litigation Counsel Colin Jorgensen, Attorney JaNan Davis and AAC RMF Attorney Mike Rainwater.

Middle: Sheriffs, jail administrators and other jail personnel from across the state were invited to attend the seminar. Approximately 114 people RSVPd and attended the event.

Bottom left: The topics prompted many questions from and much discussion among attendees both during the presentations and during breaks. In this photo, Attorney JaNan Davis answers questions during a break for lunch.

Bottom right: AAC’s Litigation Counsel Colin Jorgensen presented on Arkansas Criminal Procedure Rule 8.1. He also presented other related information.

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COUNTY LINES, FALL 2017

AAC

PHOTO RECAP

Conway County plays host to county clerks Top left: Arkansas Commissioner of State Lands John Thurston (middle) administered oaths of office to the Arkansas Association of County Clerks executive board. They are (left to right) Treasurer Sharon Brooks (Sebastian), Secretary Doug Curtis (Saline), Second Vice-President Melanie Winkler (Cross), First Vice-President Deanna Sivley (Little River), and President Crystal Graddy (Boone). Chicot County Clerk Pam Donaldson and Cleveland County Clerk Jimmy Cummings are at-large members.

Polk County Clerk Terri Harrison and Clark County Clerk Rhonda Cole will represent the association of the AAC board of directors.

Middle left: The Clerks’ Association honored outgoing president, Drew County Clerk Lyna Gulledge during their meeting atop Petit Jean Mountain.

Middle right: AAC RMF Counsel Brandy McAllister talks to the county clerks about comp time.

Bottom left: Cleveland County Clerk Jimmy Cummings reacts to the “Listen Up!” presentation from speaker Kim Hoddus.

Bottom right: Trevor Villines, public information specialist for the Saline County Clerk’s Office, discusses with clerks the various ways they can use social media platforms such as Facebook and Twitter.

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AAC

PHOTO RECAP

Judges hold Fall meeting in Sebastian County Top right: Following a presentation on state bridge and road funding needs, several judges approached Department of Transportation Director Scott Bennett (left) with questions. Pictured are (from left to right) Polk County Judge Brandon Ellison, Sebastian County Judge David Hudson, Faulkner County Judge Jim Baker, Independence County Judge Robert Griffin, and AAC Executive Director Chris Villines.

Middle right: Poinsett County Judge Bobby Cantrell, Saline County Judge Jeff Arey, and Woodruff County Judge Charles Dallas prepare for the opening session.

Bottom left: David Mayo, state aid engineer with the Department of Transportation, weighs in on a study of local bridge maintenance costs.

Bottom middle: Shelby Johnson, director of the Arkansas GIS Office, updates judges on a mapping project that will show how many miles of county roads are in the state.

Bottom right: State Rep. Mathew Pitsch served as the luncheon keynote speaker. He spoke about the meaning of success and the importance of leaders becoming involved in projects that better their communities.

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AAC

PHOTO RECAP

Treasurers meet in Logan County Right: Treasurers and deputy treasurers gathered Sept. 13-15 at Mount Magazine for the Arkansas County Treasurers’ Association continuing education conference. On the last morning, Woodruff County Treasurer Marlene Stracner, Little River County Treasurer Dayna Guthrie, Columbia County Treasurer Selena Blair and Baxter County Treasurer Jenay Mize led a recap of roundtable discussions.

Middle left: Logan County Judge Ray Gack welcomes treasurers and deputy treasurers to Mount Magazine.

Middle right: AAC Consultant Eddie Jones looks out over the crowd for the highest bidder during a live auction. Treasurers brought items to auction off to raise funds for the Treasurers’ Association.

Bottom left: Arkansas State Treasurer Dennis Milligan talks about the benefits of the State Treasury Money Management System.

Bottom right: Assocation President and Greene County Treasurer Debbie Cross (left), with the help of Logan County firefighters, has fun recognizing Clark County Treasurer Judy Beth Hutcherson, who is retiring at the end of the year. Cross and several others paid tribute with speeches, gifts and a framed canvas.

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AAC

FEATURES Law Clerk — Mary Edwards

Family information: I have one older brother who lives in Denver with his wife and son. My parents live in Bryant, where I am from, and I visit them frequently to mainly see their dog, McGregor.

or speakeasy for just one night.

You might be surprised to learn that: I do not drink any caffeine.

My favorite meal: I enjoy any type of pasta.

My pet peeve is: People who are late.

When I’m not working I’m: Hanging out with my boyfriend, friends, or family; watching Netflix; or reading a good book.

Motto or favorite quote: “The more that you read, the more things you will know. The more that you learn, the more places you’ll go.” — Dr. Seuss

The accomplishments of which I am most proud: I am proud of my acceptance and continuance of attending law school and my high school cross-country team championship win when I was a freshman

Mary E dwards

The hardest thing I have ever done: Coming back from a shin injury from running in high school to compete at state competition.

At the top of my bucket list is to: Sing in a jazz-type club

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How long have you been at AAC and can you describe some of your successful projects?

I started at AAC in late August. So far, I have enjoyed learning from experienced law clerks and fine-tuning my research skills.

What do you like most about your position at AAC? I enjoy the challenge of the law clerk position, but more importantly, the people make you feel at home.

COUNTY LINES, FALL 2017

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Did we mention that participants in our plan are accustomed to getting money back? Since we started paying dividends in 1997, the AAC Workers’ Compensation Trust has declared almost $ 2 7 MI L L I O N dollars in dividends, payable to members of the fund. In fact, we mailed $1,000,000 in savings back to member counties in August 2014.

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NEWS FROM NACo

www.naco.org

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.

House passes bipartisan NACo-supported forestry bill

By Jonathan Shuffield Recent legislation passed by the House of Representatives would improve conditions in the country’s national forests and for the counties that share them. By a bipartisan vote of 232 to 188 on Nov. 1, the House passed H.R. 2936, the Resilient Federal Forests Act of 2017. The bill would expand revenue sharing with county governments, empower counties by allowing more flexible use of Secure Rural Schools (SRS) Title III dollars and delegate the authority to make appointments to local Resource Advisory Committees (RAC).

H.R. 2936 promotes forest health by authorizing categorical exclusions for collaborative projects, reducing regulatory reviews for timber salvage projects in response to a natural disaster, and requiring the costs and benefits of a proposed forest project to be weighed against the costs and benefits of doing nothing to address wildfire threats or disease and insect infestation.

Additionally, the bill includes language that would pay counties 25 percent of the revenues from stewardship contract projects located within their boundaries. Counties do not currently receive a share of the revenues generated from stewardship contract projects unlike traditional timber sales.

H.R. 2936 would bring stewardship contracts in line with traditional timber sales, giving counties a new revenue stream.

The Resilient Federal Forests Act also gives counties greater flexibility in using SRS Title III funds for law enforcement

training and patrols on federal lands. Counties with federal lands within their boundaries are required to perform law enforcement, and search and rescue functions on public lands.

This bill will help ease the cost of these mandates.

Finally, H.R. 2936 would allow the secretaries of the departments of the Interior and Agriculture to delegate the appointment of RAC members to agency leaders, such as Bureau of Land Management State Directors or Regional Foresters.

Under current law, only the secretaries may sign off on the appointment of RAC members, leading to appointment delays that hold up land management decisions.

The bill will be sent to the Senate. Two other forestry bills have been introduced in the chamber: S.1991, the Wildlands Fires Act of 2017, introduced by Sen. Maria Cantwell (DWash.); and S.2068, the Wildfire Prevention and Mitigation Act by Sen. John Barrasso (R-Wyo.).

Register now for the 2018 NACo Legislative Conference Registration has begun for NACo’s annual Legislative Conference, to be held March 3-7, 2018, in Washington, D.C. More than 2,000 elected and appointed county officials will come together to focus on issues critical to our nation’s counties: Disaster Response & Recovery, Crisis Communications, Mental Illness, Advocacy and more.

Early bird registration, available through Jan. 19, 2018, is $515. Go to www.naco.org/events for more information.

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