Spring 2010 County Lines Magazine

County Lines FEATURE PR OFILE:

The Official Publication of the Association of Arkansas Counties

Association of Arkansas Counties Workers’ Compensation Trust

Debbie Norman Manager, AAC Risk Mgt. Services 501.375.8247

Debbie Lakey Claims Manager 501.375.8698

Kim Nash Claims Examiner 501.375.8805

Becky Burnett Admin Assistant 501.375.8805

Freda Taylor Admin Assistant 501.375.8694

Barry Burkett Loss Control 501.375.8805

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FEATURES iF scal Session eR cap lE ection eK y a D tes

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AN INSIDE LOOK

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o G e v rnor’s a M nsion eR ception

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Calendar of e vE nts ..............................................................................6 ................................................................................26

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eP rry County p O ens e N wa J il

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Sebastian County u J dge at oF refront ........................................50 County e B‘ st rP actices’

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01 2 Census e M ans eR districting

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DEPARTMENTS rF om the Director’s Desk: By Eddie Jones ......................................................7 President’s e P rspective: By Hon. Mike Jacobs ...............................................9 Legislative Tangents: By Jeff Sikes ................................................................ 01 rF equently Asked Questions: By David Morris ............................................. 1 County News ..................................................................................................... 13 e R search Corner: By Mark Whitmore ........................................................... 42 rF om the Goe v rnor: By Hon. Mike Beebe ..................................................... 45 County Law Update: By Mike Rainwater ....................................................... 46 NACo News ........................................................................................................ 50 Advertiser e R source Index .............................................................................. 58

On the Cover: The

Arkansas State Capitol is particularly beautiful in the springtime, as tulip trees and redbuds bloom and the winter-dormant big oaks start to put on their summer greenery.

(AAC photos / Randy Kemp)

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COUNTY LINES County Linesis the official publication of the Association of Arkansas Counties. tI is published quarterly. oF r advertising inquiries, subscriptions or other information relating to the magazine, please contact Randy M. eK mp at 501.372.7550.

E fi ffi ffi E dE die A. oJ nes ejones@arcounties.org M E Randy M. eK mp

Association of Arkansas Counties E fi ffi ffi D ffi dE die A. oJ nes aD vid Morris, Assistant iD rector eJ anne Hunt, xE ecutive Assistant Mark Whitmore, Chief Legal Counsel eJ ff Sikes, Legislative iD rector Randy eK mp, Communications iD rector Cindy Posey, Accountant rB enda Hildebrandt, Accountant

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DI R E CTOR ’ S DESK

A blessed life and a rewarding career...

Like tomato soup and a grilled cheese sandwich on a cool, crisp day

Eddie A. Jones

AAC xE ecutive Director

R

emember when you would go to bed at night as a kid thinking, “I can’t wait until I wake up.” Oh, for the attitude of a 5 year old! That simple uncluttered desire for living that can’t wait for tomorrow. I not only remember that feeling as a kid – but that same feeling has prevailed through most of my professional career. It has been fun to get up in the mornings and go to work. I have truly had a blessed life. When I got into county government thirty years ago – I found my calling. There is no doubt in my mind that I have been serving where I was called to serve.

However, this is my final “From the Director’s Desk” column since I am retiring effective July 1 and AAC will have a new director when the July issue of County Lines is delivered to your office. I may ramble more than usual but I want to use this column to talk about leading, legacy and life.

rB enda m E erson, Receptionist / Special Projects Coordinator AAC E-mail addresses: (initial of first name)(last name)@arcounties.org eD bbie oN rman, Manager, Risk Mgmt Services rF eda Taylor, Administrative Assistant eD bbie Lakey, oW rkers’ Comp Claims Manager Cathy Perry, Administrative Assistant iK m aN sh, oW rkers Comp Claims xE aminer Cindy Calvert, Claims xE aminer eB cky uB rnett, Administrative Assistant/Receptionist aB rry uB rkett, Loss Control Specialist RMS E-mail addresses: (initial of first name)(last name)@aacrms.com fI you want to write, call, or visit your AAC headquarters, here is the information you need:

Leading…….

County officials can and should choose to lead in these difficult times. “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness...” It seems like Charles Dickens was writing about our nation’s current fiscal and political calamities when he penned those words in 1859. We are not living in an era like the one described in Dickens’ A Tale of Two Cities, but we are certainly in the midst of great economic and political struggles. And it certainly seems that we exist in conflicted times… dysfunctional but opportunistic… frustrating and maddening… historic and challenging… with hope and despair… everything before us, and nothing before us. These are tough times and it should bring out the best attributes of a true public servant. During my long tenure as an elected official and for the past three and a half years as Director of AAC it has been the tough times that have really challenged me and made me focus to find solutions.

Today’s political and economic climate calls for leaders who can develop a vision to prepare our counties for the future. We need leaders who can look down the road and discern what is really important to future generations, and then articulate that vision to a public that naturally does not like taxes. The current rhetoric about taxes fails to recognize that most of the taxes we pay today at the local and state levels are an investment in our future. And many local taxes will be passed by the electorate with a well-laid plan and trusted leadership. Trusted leadership comes with always being open and honest with your constituency – not telling them what they want to hear but the simple truth.

This economy will turn around, and when it does, county governments with leadership will be prepared for prosperity. Areas in which the focus has only been on trying to make everyone feel better today will continue to suffer because they won’t have the infrastructure or the plan in place to succeed. Yes, there will always be Red Seas, Jericho Walls and Goliaths to conquer – but good county leaders can do it. As I’ve said before, the key to success is more about passion than talent; it’s more about reaching potential than being gifted. Eleanor Roosevelt said, “We

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FR O M THE DI R E CTOR ’ S DESK >>> must do the things we think we cannot do.”

As county leaders we don’t always get to choose the battle or issue, but we do get to choose how we will respond. In the best of times or the worst of times, people need someone to shoulder the task and lead the way. Maintain the focus. Make the choice. Be the leader you were elected to be.

Legacy…….

I believe county officials should start their service thinking about the leadership legacy they will leave.

Thinking about your legacy will prove to be the impetus for your service and keep you on track. I can remember from the beginning of my service 30 years ago that I simply wanted to “make a difference”. I soon realized that “make a difference” needed further definition. How would I make a difference? Musing upon the question was revealing. To make a difference I wanted to be an elected official seen as a high standard example of ethics, work habits, knowledge of county government law, accuracy of facts and figures, and fairness. My hope is that Arkansas county government is better for my having passed its way. Was I successful? That’s not my call – but it kept me focused to be the best I could be.

In “Leaving a Leadership Legacy”, Dr. Randy Garner said, “Regardless of what you do as a leader, you will leave a legacy – the important thing is to consider how you would like to be remembered and to work toward those things that ensure the realization of that vision. When you think of your legacy now, it is much more likely that the legacy you actually leave will better match your goal. Legacy leadership is not accidental; it is intentional. It begins with self-reflection on how you see yourself, your role, and the way you want to influence others. Perhaps it might be more appropriate to talk about living your legacy rather than leaving a legacy, since the real challenge is to daily lead our lives in a way that positively influences those around us.”

Think back to the men and women who have shaped and mentored you. They planted seeds in your mind and heart – seeds of faith, hope and love – seeds of enthusiasm, action and service. They invested in your today so that you might pass on a legacy for someone else’s tomorrow.

What lasting things will you plant today? What legacy will you leave?

Thinking today about the legacy you are leaving for others tomorrow will make you a better county leader today! Building a legacy worth leaving begins today and is made one decision at a time. Make a difference!

I have had a successful county government career – but in recent months I have been pondering Einstein’s words, “Try not to become a man of success but rather to become a man of value.” To be a “man of value” right now I need to be with my family and take care of family needs. So, in defiance of those who believe I should continue – I am saying “no” to great things so I can say “yes” to the right thing: my current unique call. One of the Proverbs says, “In his heart a man plans his course, but the Lord determines his steps.”

I trust that I can enjoy retirement as much as my Mother and Father did. Dad retired at age 62 and Mother was 59. Although Dad did some part-time work later in life – just because he wanted to be active and useful – they told me time and time again that retirement was such a “special time”. I am doing my best to remember that – retirement is a special time... a time to reflect on a job done... a time to look forward to new activities... and a time to pursue those things in life that mean the most to me.

The wise man Solomon said, “There is a time for everything, and a season for every activity under heaven.” I have had my season – a good season for nearly 30 years – in county government. And I believe that I may be able to serve in some capacity again in years to come.

But for now – I want to enjoy what many people call the “little things” – which I have had a bad habit of not doing because I had “bigger things” to do. Things like “work”. But I have decided to play by the Robert Brault rule, “Enjoy the little things, for one day you may look back and realize they were the big things.”

The simple uncluttered desire for living that can’t wait for tomorrow – that’s the attitude I’m going to take into my new life of retirement. A blessed life... a rewarding career... a promising retirement!

“Thinking today about the legacy you are leaving for others tomorrow will make you a better county leader today.

Building a legacy worth leaving begins today and is made one decision at a time. Make a difference!”

Thank you for entrusting in me the leadership of this great organization for the past few years. What an incredible professional opportunity!

When I ended my 30 year career in broadcasting in February, 2002 I ended my show with an old Bing Crosby song that I believe apropos to the ending of my 30 year county government career – “I’ll Be Seeing You”.

Life…….

One of life’s greatest challenges is to find your true purpose in life. As Confucius said, “Choose work that you love and you’ll never have to work another day in your life.” I am so blessed to have spent the last 30 years in public service – something that I have a true passion for.

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Th EDDIE A. JONES AAC Executive Director

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FA Q s We answer some of your Frequently Asked Questions!

Can c o unties have defic i t-spending like our federal g o ve rnment?

QUESTION: Can a county government have deficit spending like our federal government? (In other words, how much of the revenues can a county appropriate each year?)

ANSWER: The county quorum court shall specify the amount of appropriations for each purpose in dollars and cents, and except as otherwise authorized, the total amount of appropriations for all county or district purposes for any one year shall not exceed 90 percent of the anticipated revenues for that year, except for federal or state grants overseen by counties for which the court may appropriate up to 100 percent of the anticipated revenues for that year. For revenues to qualify as a grant, the county must demonstrate that the state or federal agency characterized the revenues as a grant.

In any county in which a natural disaster, including but not limited to a flood or tornado, results in the county’s being declared a disaster area by the governor or an appropriate official of the United States government, the quorum court of the county may appropriate in excess of 90 percent of anticipated revenues.

Provided, any appropriation of funds in excess of 90 percent of anticipated revenues shall be made only for street cleanup and repair, collection, transportation and disposal of debris, repair or replacement of county facilities and equipment, and other projects or costs directly related to or resulting from the natural disaster.

In any county in which sales and use tax revenues have been dedicated for a specific purpose, the quorum court of the county may appropriate up to 100 percent of anticipated revenues from the dedicated sales and use tax, provided that any appropriation of funds up to 100 percent of anticipated revenues shall be made and expended only for the dedicated specific purpose of the tax. However, this does COUNTY LINES, SPRING 2010

not apply to dedicated revenues that have been pledged for bonds or include general sales and use tax revenues. ACA 14-20-103 QUESTION: Who may call a special meeting of the quorum court?

ANSWER: The county judge or a majority of the elected justices may call a special meeting of the quorum court upon at least 24 hours’ notice in such manner as may be prescribed by local ordinance. In the absence of procedural rules, the county judge or a majority of the elected justices may call a special meeting of the quorum court upon written notification of all members not less than two calendar days prior to the calendar day fixed for the time of the meeting. The notice of special meeting shall specify the subjects, date, time and designated location of the special meeting.

ACA 14-14-904 (c) QUESTION: How many justices of the peace must be present at either a regularly scheduled meeting or a special meeting of the quorum court to conduct business?

ANSWER: A majority of the whole number of justices composing a quorum court shall constitute a quorum and is necessary to conduct any legislative affairs of the county. ACA 14-14-904 (f) QUESTION: Can a person work for the county government and also serve as a justice of the peace on the quorum court?

ANSWER: A Justice of the Peace shall not receive compensation as a county employee or deputy, nor shall any justice receive compensation or expenses from funds appropriated by the quorum court for any services performed within the county, other than as provided by law. ACA 14-14-1205 (c)

David Morris

AAC AssistantDirector

QUESTION: Is it lawful for a county employee to run for public office?

ANSWER: No employee of the state, a county, a municipality, a school district, or any other political subdivision of this state shall be deprived of his or her right to run as a candidate for an elective office or to express his or her opinion as a citizen on political subjects, unless as necessary to meet the requirements of federal law as pertains to employees. (ACA 21-1-207) QUESTION: How are quorum court district boundaries determined?

ANSWER: The county board of election commissioners in each county shall be responsible for the apportionment of the county into quorum court districts. The districts of each county shall consist of the territory of the township established by the county board of election commissioners on or before November 3, 1975. Thereafter, districts shall be apportioned on or before the first Monday after January 1, 1982, and each ten (10) years thereafter.

All apportionments shall be based on the population of the county as of the last federal decennial census, and the number of districts apportioned shall be equal to the number to which the county is entitled by law.

These provisions shall not be construed to affect the composition of the county committees of the political parties, and the county committee of each political party shall designate the geographic area within the county from which county committeemen shall be selected. (ACA 14-14-403)

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COU N T Y N EWS Monroe County’s Morris was longest-serving sheriff before taking helm as county uj dge

The Clark County Assessor's Office celebrated Black History Month in February. Posters of notable African Americans were displayed in the hall and a small table display featured items of interest that were from Ms. Zelma Knox. Ms. Knox has worked in the courthouse for over 35 years and some of the items belonged to her mother. The Assessor staff decorated their door with a quote by Dr. Martin Luther King, Jr.: “The time is always right to do what is right.”

Pictured (from left): Kasey Summerville, Assessor; Sandra Watson, Jamie Hammond, Carla McDuffie, Sue Forthman, and Tosha Horton. Not pictured, Zelma Knox.

Baxter County’s only female sheriff passes away in March

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CO U N T Y N E W S e N tx IACRET O opportunity for county/circuit clerks and treasurers will e b June -92 July 2 in Chicago The IACREOT Mid-Winter Conference was held in the windy city of Chicago, Illinois, January 15-18. Arkansas delegation directors along with the Executive Board and oficers were busy at work planning the summer conference to be held at the same location with the Sheraton Chicago Hotel and Towers being the host for the conference June 29 through July 2.

“I enourage our county oficials to make your reservations now. All meetings will be held in the hotel so you do not have to get out unless you want to,” said Cheryl Cochran-Wilson, Arkansas Delegation Director.

“The accommodations are wonderful and the price is right too! Internet connections are available free in the Linc Cafe, the Health center has free weights as well as treadmills, elliptical and other machines. Everyone in the hotel is so friendly and helpful, so you don’t have to be afraid to ask questions.”

Chicago offers a unique experience with the culture of the city: Free concerts, and the Navy Pier. You can go to the old Sears building and go up 105 ffioors or 95 ffioors in the Hancock building. From that vantage point you can see four states and Canada. The Magniflcent Mile has anything and everything you can imagine.

Stores and shops are up and down the mile. “If you like to shop then this is for you,” Cheryl added.

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County Road Seminar planned July 14-16; judges, road foremen urged to register

The County Judges Association of Arkansas is hosting a “County Road Seminar” to be held July 14-16 at the Norfork River Resort in Baxter County. The seminar will begin at 2 p.m. on Wednesday, July 14 and will conclude by 10 a.m. on Friday, July 16.

The County Road Seminar will be an intensive workshop targeted at county judges and county road supervisors to better equip them in county road and bridge construction and main“The food is good and reasonably priced. tenance techniques. There will be no registration Gina’s East offers the deep dish pizza Chicago fee for the seminar, but it is recommended that is famous for, and everything is within walking each county send no more than a total of three distance.” people to the seminar.

The Grand Opening of the Trade Show is Judge Joe Bodenhamer of Baxter County will scheduled following the opening general session be hosting this event and promises good food on June 29 at 9:30 a.m. Then the division semi- (grilled steaks, fried fish, country breakfast, etc.) nars will begin which includes workshops on and fellowship, in addition to a very educational identity theft, fraud, and scams; the lean ofice workshop. (eliminating waste without cutting people); staffLodging reservations should be made before ing and funding issues; TIFF, PDF, now PDFA April 30 by calling 870-499-5757, and be sure – what’s next and why do we care; bulk sale of to tell the Norfork River Resort that you will be records; conffiict resolution; recruiting college attending the County Road Seminar. students to be poll workers in 2010; changes in military and overseas voting 2010; grant writing processes; archival records; bankruptcy and Three counties declared other legal matters; outlook of the US and global disaster areas due to economy and other seminars as well.

a M rch 10 storm system

“There is something for everyone, whether you are a County Clerk, Circuit Clerk or Treasurer – IACREOT is for you. You will have the opportunity to exchange ideas, elevate standards through education, develop eficient ways to serve the public and promote the ethics of public service, while developing contacts in your fleld.

You can visit www.IACREOT.com to obtain registration and membership forms.

Governor Mike Beebe declared Cleburne, Saline and White Counties state disaster areas due to damage caused by tornadoes and severe storms on Wednesday, March 10.

The declaration makes these three counties eligible for funds from the Public Assistance Program. The Arkansas Department of Emergency Management will oversee the use of these funds to help local governments defray costs related to storm response and clean up.

Ray Scott new coordinator for Health Information Technology Governor Mike Beebe on March 15 appointed Ray Scott of Little Rock to serve as Arkansas's State Coordinator for Health Information Technology (HIT).

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COUNTY NEWS Baxter County to host Adam Walsh training session “Why do all the sex offenders end up here in Baxter County?” This is one of the most common questions that Sheriff John Montgomery hears from people.

The truth is, he points out, they don't. “There are fewer registered sex offenders today living in Baxter County than there were when I took office as Sheriff in 2005. The perception is false because we notify neighbors and publicize their pictures and their crimes in all of the media available to us. They were always here, but because of the publicity they are more noticed and talked about.”

He elaborated on this in a recent electronic “Mes- Sheriff Montgomery sage from the Sheriff” that goes to email subscribers.

For instance, Baxter County, Arkansas has a population of approximately 42,000 people. In 2005 there were 72 known registered sex offenders living in Baxter County. Today the number is 59. “When you compare our numbers to neighboring counties our size, you see a dramatic difference:” Taney County, Missouri (Branson) Howell County, Missouri (West Plains) Greene County, Arkansas (Paragould) Boone County, Arkansas (Harrison) Benton County, Arkansas (Rogers)

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Arkansas is considered by most to be one of the toughest states on sex offender laws and requirements. Baxter County is considered one of, if not the toughest county in Arkansas, he adds.

His office will be hosting ‘The Adam Walsh Act: Enforcement Training Session’ for area law enforcement in May. The training, sponsored by the U.S. Marshals Service, will highlight the most recent case studies and laws involving the Federal Adam Walsh Child Protection and Safety Act of 2006 (AWA).

All registered sex offenders in Arkansas are required to submit to assessment by the Sex Offender Screening & Risk Assessment Program coordinated by the Arkansas Department of Correction. Each offender is assigned a risk level based upon the likelihood the offender will reoffend.

Level One: Low risk to re-offend Level Two: Moderate risk to re-offend Level Three: High risk to re-offend Level Four: Sexually violent predator 22

‘Most Wanted’ honors Baxter SO efforts Baxter County Sheriff oJ hn Montgomery e web site, which went online in No was nominated for oJ hn Walshs America’s vember, 20,70 averages about 57 ,00 visitors Most WantedAll Stars in March. e distinc - per month, and surpassed one million visitors tion included a segment on the popular na - last year. Since its implementation, over 06 tional Saturday evening broadcast spotlight - persons appearing on the Most Wanted page ing the Baxter County Sheriffs Oces work have been arrested or turned themselves in. in focusing attention and educating the public e Baxter County Sheriffs web site has been in northcentral Arkansas about sex offenders used as a template for at least 19 other sheriffs and sexual predators, among other things. oces in Arkansas and in seven states, accordSheriff Montgomerys nomination from a ing to Capt. eJ ff eL wis, Chief Deputy. local resident was made in recognition of his Sheriff Montgomery is the eL gislative innovative use of technology in the apprehen - Chairperson for the Arkansas Sheriffs As sion of wanted persons, in crime prevention, sociation and is a member of the Northwest and in the area of public safety.

Arkansas Economic Development District A nominating citizen praised him for de- and several local organizations. He has also signing and implementing the Sheriffs Oce been recognized for his public service accom web site, which automatically noties mem- plishments. ese include receiving the 2060 bers of the public with email alerts including Mountain Home Chamber of Commerce alerts for registered sex offenders who move Presidential Award and the 2090 Morgans into Baxter County neighborhoods, public Choice Award from the Attorney eG nerals notices of persons placed on the Most Wanted Oce for his efforts in the protection of chilsection of the web site, and breaking news. dren.

“We at the Baxter County Sheriff's Office take a very aggressive approach in making sure the public is aware of who the sex offenders are and where they live. Our approach is within the confines of the law and our method of notification is based upon the sex offender's risk level and what the law allows us to do. We began this approach after I discovered that a bank employee was using a neighbor to babysit her two children. The neighbor, a 70 year-old man, was a Level 4 registered sex offender. The mother had no idea. We vowed to not let this situation happen again.”

For Level One sex offenders, the law allows us to notify only other law enforcement agencies. We cannot notify schools, day cares or the public. These offenders are considered low risk and are usually those who were convicted of the ‘statutory rape', i.e., 17 year-old and a 15 yearold consensual sex.

For Level Two sex offenders, the law allows us to notify other law enforcement agencies AND schools, day cares or any other places frequented by children.

For a high Level Two (offender was at least 18

years of age and the victim was 14 or younger) and Levels Three and Four, the law allows us to notify the public of their whereabouts.

All sex offenders are required by Arkansas law to come in every six months (three months for Level Four) to re-register with us. “Each time they register or re-register, we post their picture on our website. We issue a press release to all of the media with their name, address, picture, crime committed and where they work. We then have a deputy go door-to-door within a halfmile radius of their home and where they work handing out flyers with the same information.

In addition we mail a packet out once a quarter to all of the schools of all of the sex offenders, Levels Two, Three and Four.

“This includes the sex offender's name, address, picture and the crime that was committed.

We want to make sure all neighbors and the general public know who the offenders are, where they work and where they live. Our approach is not to instill fear, but rather we believe that an informed public is a safer public,” he said. The Sheriff’s Office web site can be seen at: www.BaxterCountySheriff.com

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The once booming sawmill town of Forester, on Hwy. 28 East in Scott County, caused quite a stir but very little publicity when it was sold, dismantled, and totally moved away in 1952. Today it is stirring up interest and more publicity, this time with excitement instead of sadness of 57 years ago.

The town site has been slowly growing into a forest of large pine trees and dense underbrush with only the log pond and concrete foundations as evidence that the mill, town, and its people were ever there.

Built in 1930 by Caddo River Lumber Company, a self contained town with a population reaching 1,306 at one time, the sawmill was reportedly the largest and most productive of its kind in the state but fell victim to insufficient timber in the area for an operation of its size and capability.

A small park at the sawmill site has been maintained by the Forester Historical Society as a gathering place for Forester’s people to return every year for a reunion but the past year has seen growth and improvement there as never before, due to the work of a combined group including County Judge James Forbes, the US Forest Service, the Historical Society, several volunteer groups, friends of Forester, and former Forester residents.

Judge Forbes envisions the Sawmill Park as a much larger Recreational Park that will benefit the county and state by attracting hunters, campers, and visitors. The USFS has plans already in place for an interpretive walking trail, also beneficial to everyone for hiking and the

In mid-March, the Pulaski County Treasurer’s OThce became the first county in the country to accept property tax payments with a mobile application via smartphone.

“At this point in time, a customer must have a parcel number in order to pay via smartphone but work is in process to add a search feature soon,” said Treasurer Debra Buckner.

With the launch of http://arkansas.gov/m, Arkansas is the first state to provide secure payment processing services available with any smartphone. ffe Arkansas.gov mobile Web site is part of the oThcial Web site of the state of Arkansas. ffe Arkansas.gov mobile site features secure COUNTY LINES, SPRING 2010

study of history and nature, that will be assessable to the disabled. Forester residents and the park caretaker, with the support of the Historical Society, are working to preserve the historical value of the town by locating and marking all foundations of businesses, schools, church, etc to be signed along the walking trail for future generations to learn about their family’s beginnings, roots, and legacy.

The volunteer groups work with Judge Forbes as caretakers of the earth and environment and have already improved the park with their work and time. Caretaker Candy Bliss’ landscaping adds to the natural beauty at the park.

Judge Forbes has more projects planned for Forester’s Park in the near future for the benefit of the public such as R.V. hookups, restrooms, playground equipment, and a museum of Forester artifacts.

The people of Forester feel the town has just been waiting for the right time and the

payments for three high-volume online government services: inmate trust account deposits; probation and parole supervision and restitution payments; and Pulaski County property tax payments. ffese mobile applications provide a con venient, simple, and secure option for users to access government services and are available on all smartphone operating platforms, including iPhone, Blackberry, Google Android, Windows Mobile, and Palm.

“We are committed to using multiple delivery platforms to provide easy access to government services for all Arkansans,” said Claire Bailey, Chief Information OThcer of the state of Arkan-

right people of vision to come along and Judge Forbes and USFS are the right people and now is the right time for Forester to begin its new life.

sas. “With today’s launch, we are excited to be the first state to offier integrated online services and secure payments through a user-friendly Web site that is optimized for mobile users.”

Arkansas.gov’s mobile site is the latest enhancement to the state’s eGovernment services for mobile phone users. ffe Arkansas Game & Fish Commission’s Game Check service provides real-time game tagging for mobile devices and the state also provides iPhone apps for the Arkansas.gov Web site and the Recovery.Arkansas. gov searchable service to locate nearby recovery projects funded by the American Reinvestment and Recovery Act of 2009.

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S ta f f Profile

Eddie A. Jones:

AC Executive Director Eddie Jones

“A float trip Eddie Jones and March, 190, was typical of the season er. Though a dedicated and skillful our county treasurer was reared i Black o T wnship and Pocahontas r amongst people for whom fishing was of life such as my west-of-Fourche f So well respected a public serv dict without hesitation that he political race in Randolph C ‘eat up with’ the Protestant work e feels guilty if he fishes too much. I h worked with him on his Little - Black c tism, but cannot quite make a Mud Creeke out of him.

“As is usual on early spring float were slow to cooperate. Anxiety re we failed to get a strike in three and a small hole above the Buff thoughts intruded while we maintaine external cheerfulness. Is it stil and too cold? Can it be that J punished in some primal, Calvinist being absent from the courthouse

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The book passage draws a chuckle from Director Jones, as does some probing to find out more about the chicken outfit and fowl display.

That came about as part of a function honoring several retiring county treasurers. “I got talked into being the rooster, but I think there were three hens in the group, too! I thought I had bought up all the copies of the video made that day, to keep them out of circulation, but I keep hearing about it,” Eddie acknowledged goodnaturedly.

Up-Close & Personal

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he following information in Q&A format will give you more insight into Eddie Jones the man; the strong position in which he leaves AAC, Arkansas’s official and foremost advocate for county government; and perhaps hint at how the future might unfold...

Can you give a short bit of background about your family, your community, and how/where you grew up?

I grew up in Randolph County, a rural county of northeast Arkansas – the beginning of the Ozark foothills, with a loving Mother and Father and three siblings – a friendly family of six (except for those normal sibling quarrels). I started out on the farm but we moved into the City of Pocahontas when I was a youngster.

We were like many other Arkansas families growing up in the 50’s and 60’s – we didn’t have everything we wanted but we had all we needed... especially when it came to love for the family, God and country and food on the table.

In retrospect I think of us as that All-American family like the Cleavers on Leave It to Beaver (only more kids in our family) and my younger brother Terry was and is Beaver. Like most that stick around long enough I grew up, got married and had a family.

I adore my family consisting of my lovely wife Phyllis; our children Chad and LaDonna (Jason) and our four wonderful grandchildren – Kyle (8), Katelyn (6), Gabriel (6) and Michael (4). What a reason to retire!

How did you get your start in county government? Do you have a “family history” in county government, or did it just somehow appeal to you as a young man?

I got my start in county government when I received a call early on a Saturday morning in 1980 from a family friend and 1950’s era Randolph County Sheriff. He said, “Eddie, we need someone to run for county treasurer and you’re Continued on Page 2 8

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decide what government should really be paying for and what services we should provide.

I also have a concern that some counties are not balancing their revenue stream and are depending too much on one type of revenue – the sales tax in particular. Counties should have at the least a “three-legged stool” for a revenue stream – (1) fees and fines; (2) sales tax(s); and (3) property taxes. A slow or faltering economy negatively affects fee and fines and the sales tax much more than property taxes. Those counties that are not maximizing property tax rates for general and road operations are jeopardizing county financial stability and foregoing one of the most consistent and reliable sources of revenue.

Mr. Jones testifies

AAC enjoys the status of being the statewide and official voice for Arkansas county government.

Can you give a couple of examples of how AAC directly benefits individual counties, and not just “county government” as a whole?

The Association of Arkansas Counties benefits county government in many ways. Here’s a short list: • We lobby for increased funding for counties to cover state mandates and seek the passage of good county government legislation – legislation that streamlines and modernizes county government code, while working to defeat legislation that would be detrimental to county government – and we’ve got a good record on those counts.

• We work with county officials on a daily basis to assist them with research and explanations of the law so they can properly serve their constituency.

• We provide group benefit programs to our counties that provide a very good product at a very good price. The AAC Risk Management Fund offers a General Liability Program, an Auto Protection Program and a Property Insurance Program. AAC also has a Worker’s Compensation Trust available to county governments. This trust has paid dividends to member counties the past 14 years. Both of these programs are in very sound financial condition and are operated and managed in a prudent manner.

Do you see any trends or looming issues that should cause particular concern over the next 5-10-15 years as regards county government?

I do have some concerns. They boil down to the inability to sustain our current course – unless people are willing and able to pay for the services. The costs of law enforcement and the incarceration of prisoners are burgeoning. We must change our mind-set and the laws concerning who serves jail time. Put those who are dangerous and a threat to public safety in jail and let’s devise another way to punish other criminals that will be less expensive and more rehabilitative. Another major concern is capital and infrastructure. Many capital and infrastructure needs have been put on the back burner because of pressing operating needs. We have county courthouses and county buildings that stand in need of repair, remodeling and refurbishing. We have courthouses that are inadequate for today’s needs. And much of our infrastructure is crumbling. This is not just happening at the county level but at all levels of government. We must COUNTY LINES, SPRING 2010

The outgoing U.S. President always leaves a personal note for the incoming President. What might your note say to the next AAC director?

My note to the next AAC Executive Director will sound something like this: “As you sit behind this magnificent desk please know that many important decisions for Arkansas county government have been made at this desk and in this office. From this desk you are the statewide and official voice for county government. The official voice for county government should be used for promoting, solving and unifying. The job is not easy – but it is rewarding if you’re willing to spend the time and make the effort.

“If I could pick a couple of words to describe any success I’ve enjoyed, I would not hesitate; the words are perseverance and passion. This job is like life – every day will not be smooth. There will be holes in the road, roadblocks and detours but you must keep on keeping on.

Make a list of the things you need to accomplish and start knocking them off one at a time. And what you do you do with passion. The key to success is more about passion than talent; it’s more about reaching potential than being gifted. I leave this office with pride knowing that I have made improvements to the organization and to county Eddie and his wife Phyllis government. I will look with pride upon you as you continue to make improvements and move counties forward. May we both always remember that we are what we are only by the grace of God.” Hobbies / interests I love to fish and hunt – but have taken little time for it since being at AAC. So, I’m going to reconnect with nature. I also enjoy gardening and all those fresh vegetables. They just seem to taste better when you grow them. I have many places I want to see and visit for the first time and others that I want to revisit. I’m sure my loving mother and my wonderful wife already have a list of things for me to accomplish when I get home.

And, I have four precious grandchildren that I love and need to spend more time with. I want to make a difference in their lives.

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Staff Profi l e What Others Say About Eddie Jones...

Eddie Jones: Church / Other organizations

I am an active member of the Sutton Free Will Baptist Church, serving as the choir director – and I’ll get to be as active as I should be once I get Hon. Mike Jacobs, Johnson County Judge & AAC Board President: back home full-time (watch out choir – more rehearsals). I sing bass for a gospel quartet – The Wagon Train Gang (there’s a story about the name) and I’ve already been approached about getting involved again in local civic organizations and activities once I retire.

Plans for the future?

Mike Rainwater, Risk Management/County Law Attorney:

As I told the Board of Directors in my notice of retirement – I have no immediate plans other than to take care of family needs, get a little rest and refresh the spirit. I do want to remain useful so I won’t be sitting in the recliner Eddie Jones

all day. I will say that county government and public service has been a great passion of mine for many years and that has not changed. So I am not ruling out some type of public service in the years ahead – even if it is volunteer service.

I am doing my best to remember that, “Life is not simply a span of time. It is a quality of exEddie and Phyllis istence.” And I would be less than truthful if I didn’t tell Debra Buckner, Pulaski County Treasurer & AAC Board - of Direc you that I have had more than my share of trepidation or apprehension tors: about moving into this new phase of my life. But, I also believe that the “will of God” will never take you to where the “grace of God” will not protect you. ddd Hon. David Jansen, Randolph County Judge:

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So, Director Jones – our friend, Eddie – those who have worked with you in so many capacities over the years thank you for your service, your character, your example, and wish you Godspeed...

Eddie (right),

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Fiscal Session Recap

e H re’s a look at how county o g vernment fared

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the Miscellaneous Agencies Fund Account).

• SB37 (Act 278) – contains the appropriation for aid to county veteran service offices ($283,500) • SB62 (Act 157) – contains a $250,000 appropriation for Court Security Grants and a $900,000 appropriation for reimbursing counties for the cost of juries.

• SB84 (Act 285) – contains the “special language” provision that the Public Defender Commission will remit to the counties on a quarterly basis $3 per bail bond fee. This money is to help defray the operating expense of the local public defenders’ office.

• SB129 (Act 297) – contains severance tax grant money for counties to be administered by the Arkansas Highway and Transportation Department. The grants are to be used exclusively for maintenance and repair of roads and bridges damaged by trucks and other heavy equipment used for the purpose of extracting natural gas or other drilling operations.

One of the largest disagreements in this session was over the use of legislators’ remaining 25% GIF to plug holes in the budget and to make supplemental appropriations for the cur-

rent fiscal year. The governor wanted legislators to give up GIF for this cause. Some legislators wanted the money to come from elsewhere – such as the governor’s GIF or from the balance in the Unclaimed Property Fund.

In the end the budget was balanced and supplemental appropriations were made by using a mixture of the legislator’s GIF, the governor’s

Minutes after the Arkansas House of Representatives adjourned sine die March 4, oThcially bringing the fiscal session to a close, representatives reconvened in House caucus for the election to designate the next Speaker of the House for the 88th General Assembly. ffe Speaker of the House – currently Rep. Robbie Wills of Conway – presides over House proceedings, assigns bills to committee, appoints committee chairs and makes appointments to select committees such as chairman of the Rules Committee.

Rep. Robert Moore (D-Arkansas City) was elected Speaker-Designate over Rep. Johnnie Roebuck (D-Arkadelphia), the only other candidate for the position. “As I aThrmed to my colleagues and to the people of Arkansas, I will serve honorably, fairly and to the very best of my ability,” Moore said. “I intend on ensuring that the House has a diversity in leadership with regard to committee chairs and other leadership positions.”

In accordance with House rules, the election of Speaker-Designate is conducted by secret ballot. “A secret ballot protects the integrity of each member’s vote as it relates to the election of one of its own as an oThcer. ffe secret ballot allows an opportunity to unite after the election and operate as one body,” said House Parliamentarian Tim Massanelli.

In addressing the media immediately after the election, Speaker Wills and Speaker-Designate Moore emphasized that the transition of House leadership will be a smooth one. “My job now is to do everything I can to support the SpeakerDesignate and make sure he has all the information and all of the tools in place to hit the

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GIF and excess from Unclaimed Property. But the good news for counties is that the Revenue Stabilization Act contains special language in Section 16 that will sweep year-end balances from agencies to possibly replenish the legislators’ GIF. If that happens – and we believe it will – then counties will receive the additional $625,000 in general use money that we did not get last year and we will have access to some grant money through Rural Services and other agencies.

In a tough economic climate counties came out alright. We can be thankful we’re not in one of these other states where county funding is being drastically cut by the state and/or the state is using the counties as an ATM card – dumping state responsibilities on counties and forcing them to pay the bill. I know of one state (California) that borrowed $996 million in county property taxes. By state law they have to pay it back to the counties in three years with interest – but to me that concept of a state reaching in and taking county funds is absolutely unthinkable.

The first Arkansas Fiscal Session went reasonably well. Counties came out unscathed. We can take a deep breath – at least for the time being.

ground running when the 88th General Assembly convenes in January 2011,” said Wills. ffe Latin term “sine die” translated is “with out day,” meaning “without assigning a day for a further meeting or hearing.”

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C apit o l Pr ofile In his richly-appointed office

Arkansas’s Auditor of State Jim Wood Balances

Politics, Farming, Life & Love

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ried, Ann stayed home and raised their two children in the early days, and always helped Jim on the farm. “She was a good truck driver.

I drove the combine and had her drive the grain to the elevator for me, so I bought her a brand new bob-truck, with power steering and a radio!” She went to work at the local school for a number of years, but “I really needed her help at home; she was gracious to quit and help me on the farm again. She has really been a rock to me all these years.”

He is proud of his service over the years, and proud of being able to help people. A high point was his work on behalf of strengthening animal cruelty laws while in the legislature, he said.

What guides this legislator-gentleman farmer? “In my personal life, one thing I’ve tried to live by is just to be fair with people, put yourself in their shoes. When you do that, you’ll get a different perspective sometimes from what you started out with.” In politics: “Don’t do or say anything that you don’t want to read in the paper. It took me a long time and a lot of embarrassment to figure that out … that you don’t have to answer every question that you are asked, and you don’t have to comment on everything that happens. Politically, you can say one thing off the cuff, or as a joke, that can cost you your career.”

When it comes to running his office, “I am involved, but I let the departments take care of themselves unless there is a problem. I’m real big on letting people that know how to do their jobs, do it. I have to rely on people with years and years of experience. I monitor, but I try not to micro-manage.”

Like the typical farmer, he never really developed hobbies, mostly because of time constraints. “I used to hunt, but 1) I got too lazy; hunting’s hard work! And 2) I got interested in animal welfare issues. I don’t have anything against those who do hunt, but life is just precious to me, whether it is another human being, or a deer.” Jim does still have a thirst for knowledge, however. “I watch quite a bit of TV – I love the History Channel; I’m big on educational TV.” He is a lifelong member of the Church of Christ, but as for civic organizations, he said he just never really had time for those commitments. He admits he’s also not a travel buff. “I don’t ever want to spend the night away from home if I don’t have to. No bed sleeps like my own!”

He and Ann plan to visit a son’s family in North Carolina once or twice a year, but other than that, Jim’s only travel plans are to get reacquainted with the farm roads in his old Jackson County neighborhood.

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Arkansas Auditor of State

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C ouC onty untyO f fiO fcfii cailaProfile l Pr ofile uB lletPoints Public Service / Boards / Associations: Past History

Arkansas County Judge Glenn “Sonny” Cox

Presently Serving

with good people, good leaders – and let those leaders train the rest of the people. I am handson with my supervisors. I don’t ever go to the staff with correction; that needs to come from the supervisors.”

How does he handle complaints? First, he doesn’t even call them complaints; to Judge Cox, they’re “challenges”.

“I try to end a call or visit not with them being mad at you, but with understanding. You try to explain, then follow through on what you tell them. And when somebody’s complaining, you never interrupt them; you let them talk and vent.”

Proud of...

On the same ballot that saw Sonny first elected, voters in Arkansas County turned down a sales tax designated to build a new jail, although the old jail had been condemned. “I was a brand new judge, sworn in on Jan. 1, but the budget finance chairman said, ‘We need to get this back on the ballot, and in a way that will be successful’. I believed I knew how to restructure the ballot title so it would pass. I presented that to the quorum court at the February meeting, and we put it back on the ballot in July, when it passed by 76 percent.”

What did they do differently? They needed to raise $5 million for construction costs, plus have COUNTY LINES, SPRING 2010

an ongoing revenue stream for maintenance and operation. The first ballot asked voters to approve a 1 percent sales tax hike, and after construction, to roll that back to a half-percent for O&M. “I was out in the public enough that I knew why it had failed. The problem was, the people didn’t think it would ever be lowered after construction,” he recalled. His successful approach was to pitch the idea of a half-percent sales tax for acquisition, construction, and ongoing operation of a new jail, then instead of starting construction immediately, to bank it for a short time (1993-96) until they had enough to build the jail. “I’m very proud of how we did that, and of it passing by a vote of 76 percent. When we got it built $5 million later, it was paid for.”

He also takes pride in the county’s 9-1-1 system and state-of-the-art Office of Emergency Management. Federal CSEPP and grant money was important to the OEM program.

The 9-1-1 system was due to another successful ballot issue that levied fees on land line telephones. Renovation of both courthouses in his dual-seat county, as well as renovation of a courthouse annex and construction of two county health buildings, are also high on his “proud of” list.

Family

Education/Background

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with conviction. “The Lord has blessed me with good health and I am very thankful for that. I thank God for my wife, children, and grandchildren.”

Judge Cox has devoted countless hundreds of hours to civic, church and other community functions, in addition to service through the County Judges Association of Arkansas. “I really enjoyed coming up through the ranks of the CJAA, and serving as president” in 2004-05, he added. “I’ve always enjoyed politics, and I tended to be pushed out front – because I’m not bashful, I guess!”

Roads, bridges, and beavers...

“When I campaigned originally, I said I would improve the road system: Better roads, with crowns, and better drainage.” When you live in a county that is as flat as a pancake, drainage is a big problem – one that is compounded by large beaver populations along the many streams, bayous and levees. Their dams are bad about flooding county roads. He tackled that problem with a beaver tail bounty. The county budgets to buy 2,500 beaver tails per year, with the county paying $15 each and landowners matching it with another $10. It’s a beaver control project, not beaver eradication, the judge noted. In 1996, Arkansas County was honored with recognition for its model beaver control program.

The Delta drainage issues are central to a number of this county’s challenges. There is a great need for better and more paved roads, but it’s like fixing things around an aging house or barn: before you fix one obvious problem, sometimes you have to back up and fix something else first. In Sonny Cox’s case, he inherited approximately 1,000 wooden bridges in the early 1990s, and “it really does no good to have a nice 16-foot road with a wooden bridge in it,” he said.

“We’ve replaced about 800 of them with steel tank cars or concrete culverts or concrete bridges. One of my goals in the next three years is to replace all the remaining wooden bridges.”

That way the next county judge will be able to focus more on road improvements and paving, he said.

His biggest frustration, he admitted, comes back to the county roads system. “This is probably the most frustrating thing any county judge deals with,” he noted. “I would have liked to have paved more miles of road than I have.”

Judge Cox has 1,500 miles of gravel roads, 200 miles of dirt roads, and about 135 miles of paved county roads.

For the rookie road-builder, consider that it costs twice as much to build a road in the Delta as elsewhere in the state, because there is no rock with which to construct a solid road bed. “If there is rock in Arkansas County, we’ve hauled it in there. Gravel has to come from Little Rock, which is a 150-mile round trip.” Arkansas County, at 1,035 square miles, is 70 miles long, north to south. “It’s all as flat as this desk, and there’s no rock close to us!” he said.

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Final thoughts... > “My goal is to get in two more years as judge, then run for state representative. I want to go to the state capitol, and see if a country boy can make a difference.”

Plan, then communicate...

Along with Judge Cox’s practical insights and “people” skills is his ability to communicate what he wants to accomplish. Since you can’t spend money you don’t have, his approach has been to “fix what we’ve got, and phase in the things we want to do.” The secret to a good plan, he said, is publicly communicating through the local media what needs to be accomplished and what steps it will take, then phase it in so that people can see it happening. “The first thing I did was to make a seven-year road plan, then a 10-year road plan, and a 15-year road plan,” he confided. And he often reminds his supervisors and new-elect participants: “Who won the race – the tortoise or the hare? Going on methodically beats going off herky-jerky every time.”

Personal...

He takes pride in having been married for 48 years. “She’s the love of my life. We’ve made the long haul.” They work at spending time together, whether it is going out to dinner, working on projects together, working out in the yard together. “We tried to raise our kids the same way.” Sonny had one brother, but Marilyn was from a family of six, “and I love our large family reunions.”

Sonny used to be an avid hunter and fisherman, but that has given way in later years to an interest in history, travel, spending time with grandchildren and other family members, and in general helping people find solutions to problems. “Family is numero uno,” he says

> “I enjoy going to the Capitol” where, in the role of county judge, he sometimes testifies in committee on behalf of county government legislation. “I really feel I can make a difference.

That’s the reason why anybody should run for office. > “I don’t think you just wake up one morning and want to run for county judge, or state representative, or mayor; I think usually someone encourages you, thinks you can do it.

It is a process that starts with someone encouraging you.” > “The thing about city and county government... it’s no different to the chamber of commerce. It’s one-on-one talking to someone, treating everybody fairly.” > “I hope I come across as genuine. That’s the thing that when you talk to someone, you want to come across as someone you can trust, can have confidence in; that what you see is what you get. I’ve seen people who are one way when they’re with someone, and another way when they’re with someone else. I never want to be perceived that way. When you see me I’m going to try to be the same way all the time, because I want to be genuine.” > “When I retire, I want people to say of me: ‘He did a good job, and when he told me something, you could believe him; you could put it in the bank.’”

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does not operate or maintain a jail or regional jail and pays another detention to house their prisoners must reserve the booking and administration fee until such time as the county operates or maintains a jail or participates in a regional jail facility. Attorney General Opinion No. 2008088: explains that Ark. Code § 12-41-505 sets a mandatory fee for booking and administration and that: In the absence of a statutorily set fee or the delegation to allow for a fee for expenses of carrying a prisoner to jail, uncertainty exists on the manner in which to impose such a fee.

Expenses for feeding and supporting prisoners is not set by law; a daily housing fee may be set and imposed by the quorum court by ordinance requiring convicted prisoners to pay for his or her support from the day of initial incarceration for the whole time the prisoner remains there.

The imposition and recovery of actual medical costs may be problematic {to the extent it is not an amount imposed by the judgment of conviction; and it not for an amount established by law such as the booking and administration fee}.

“Sheriff Hot Check Fund”: Ark. Code § 21-6-411(e) provides that: In those counties in which the sheriff is operating a hot check program and the prosecuting attorney is not operating such a program on September 20, 1985, the sheriff shall be entitled to continue the program as long as he or she elects to do so and the prosecuting attorney shall not initiate any such program in the county unless the sheriff discontinues his or her program. In those counties in which the Sheriff operates a hot check program, the Sheriff’s office shall be entitled to the same fees as provided in this section, but all fees shall be paid into an account for the sheriff’s office and shall be subject to appropriation by the quorum court to be used to defray the cost of the hot check program and other costs of the sheriff’s office. Fees collected under this law shall be deposited in a special fund to be administered by the prosecuting attorney or sheriff operating the hot check program.

“Sheriff Fine & Jail Fund”: In 2009 the General Assembly increased the ability of counties under Ark. Code § 16-17-129 to levy an additional and mandatory fine not to exceed $20 to be collected from each defendant upon each conviction, each plea of guilty or nolo contendere, or each bond forfeiture. A county ordinance enacted under this subdivision (b)(1) applies to all district courts in the county and all sums collected from the additional fine described in subdivision (b)(1) of this section as to cases in the first class shall be paid into the county treasury to be deposited into a fund to be used COUNTY LINES, SPRING 2010

exclusively to help defray the cost of: (A) The construction, maintenance, and operation of the city, county, or regional jail; (B) Deferring the costs of incarcerating county prisoners held by a county, a city, or any entity; (C) The transportation and incarceration of city or county prisoners; (D) The purchase and maintenance of equipment for the city, county, or regional jail; and (E) Training, salaries, and certificate pay for jail personnel. (3) All sums collected from the additional fine described in subdivision (b)(1) of this section as to cases of the second class shall be paid into the county treasury to be deposited into a fund to be used exclusively to help defray the cost (A-E) above and for certificate pay for jailers and deputy sheriff’s.

Subsection (d) declares: “It is the intention of the General Assembly that the revenues derived from the additional fines levied under this section shall not offset or reduce funding from other sources for the maintenance, operation, and capital expenditures of the regional detention facilities; and the additional fine authorized in subsection (a) of this section shall apply to each charge, count, violation, or offense that a defendant pleads guilty or nolo contendere to,

is found guilty of, or forfeits bond for, including each misdemeanor or traffic violation. Attorney General Opinion No.2009-172: explains that an ordinance by the quorum court establishing an additional fine not to exceed $20 for the jail under ACA 16-17-129 applies to all cases in the district court, the county docket and the city docket.

In the case of White County vs. City of Judsonia, 369 Ark. 151 (2007) the Supreme Court of Arkansas confirmed the authority under ACA 16-17-129 to provide counties the same authority to establish jail fines as allowed by cities. An ordinance of a city establishing an additional fine, not to exceed $20 for the jail under 16-17129 applies to only the city docket. Theses are separate fines.

Attorney General Opinion No.2009-059: found that if a county does not charge a city for keeping prisoners, the fine imposed by city ordinance under 16-17-129 is not required to be paid to the county, rather the fund may be used to help defray the costs of incarcerating city prisoners, including the costs of construction, Continued on Page 4

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Funds: maintenance of a city jail or payment to other entities for incarcerating city prisoners. A county may assess a daily fee for prisoners under ACA 12-41506 or county and city officials may enter into an agreement under 1241-503, including assignment of the fines under 16-17-129 collected by the city. If a county solely funds the district court, the funds collected by the city under a city fine ordinance must be paid unto the county treasury.

Attorney General Opinion No.2009-148: ACA 27-37-706 prohibits the imposition of additional fees or court costs for seat belt violations. However, ACA 27-37-706 does not prohibit the imposition of additional fines, such as may be established by the quorum court or city council under 16-17-129. If the county and/or city have enacted an additional fine, not to exceed $20, for each violation in district court under 16-17-129, it shall be assessed for seat belt violations.

Attorney General Opinion No. 2003-288: also determined that the fines established by the quorum court or city council under ACA 16-17-129 are mandatory. The district court judge must impose these fines just like all other fines under statute.

Pursuant to ACA 16-17-132, 16-13-709 and 16-17-132 all fines, penalties and costs received shall continue to be collected and distributed in the manner provided by current laws affecting the district courts, unless and until the General Assembly establishes a new method of distribution. The governing body of a political subdivision that contributes to the expenses of a district court shall designate a county or city official, agency or department who shall be primarily responsible for the collection of all fines assessed in the district courts.

“Sheriff Boating Safety & Enforcement Fund”: Ark. Code § 27-101-111(b) provides that fees issued for operation of a vessel on waters of this state shall be deposited into the county treasury to the credit of the boating safety and enforcement fund, if the sheriff of that county has established a patrol on the waterways 44

within the county.

In the event the sheriff has not established a patrol on the waterways within the county and if either the county or any city or town within a county, or both, has established an emergency rescue service, each county treasurer shall deposit his county’s share of the total fees collected into the county emergency rescue fund for use exclusively by either the county or the cities within the county, or both, for operating and maintaining emergency rescue services within the county and cities within the county.

After the treasurer receives the funds, he shall divide the funds in the county emergency rescue fund equally among the county and the cities within the county, if any, having emergency rescue services. Otherwise, the fees shall be deposited into the Game Protection Fund for use by the Arkansas State Game and Fish Commission.

forcement fund. The ordinance shall set a maximum amount for the fund, not to exceed $10,000. The drug enforcement fund shall be administered by the county sheriff in accordance with the provisions and procedures of this subchapter.

All funds shall initially be deposited in a drug enforcement fund bank account. The bank account shall be established at a bank located in the State of Arkansas and authorized by law to receive the deposit of public funds. Subsection (b) provides: the source of all funds deposited in the drug enforcement fund shall be funds appropriated by the quorum court. The initial funding and any subsequent reimbursements to the drug enforcement fund shall be appropriated by the quorum court and subject to the normal disbursement procedures required by law. No funds from other sources, including seized property, shall be deposited into the drug enforcement fund.

Ark. Code § 14-21-202 provides: drug enforcement funds may only be used for direct expenses associated with the investigation of the criminal drug laws of this state, such as, but not limited to, the purchase of evidence, payment of informants, relocation and/or security of witnesses, emergency supply purchases, and emergency travel expenses. Drug enforcement funds may not be used for equipment purchases or leasing, salaries or wages, professional services, training, or any other purpose not directly related to a criminal drug investigation. In addition, these funds may not be used for administrative costs associated with the sheriff’s office.

Ark. Code § 14-21-203(b) provides: if adequate appropriations and funds are available, the drug enforcement fund may be replenished upon presentation and approval of a claim as provided in the normal county disbursement procedures. The total amount of funds held in the drug enforcement fund bank account and cash funds held by the sheriff’s office shall not exceed the maximum amount established by the quorum court.

“Sheriff Drug Enforcement Fund”: Ark. Code § 14-21-201(a) provides: each quorum court may by ordinance establish a drug enCOUNTY LINES, SPRING 2010

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as permitted by A.C.A. 20-47-101, 12-11-110, 20-47-102 & 103, 20-47-210(a), and 20-47207(c).

2. Mental Health Restraint & Transport Decision: A.C.A. 20-47-210(a) states that if it is not safe for an interested citizen to take a person who is of danger to himself or herself or others as defined in A.C.A. 20-47-207(c), it shall be the duty of law enforcement to transport the person to a hospital or to a receiving facility or program.

If the person subjected to a mental health arrest presents a potential for harm to himself or others, the law enforcement officer will restrain the person and conduct a search of the person to make sure no weapons are available to him or her. When time and circumstances permit, an EMS provider may be called to transport the person to a hospital or a mental health care facility or program. Prior to arrival at the facility, the officer will notify the staff as to the behavior of the person and the reason for mental health arrest. If an EMS provider is used for transport, then the officer will provide that information to the EMS provider. In any event, the normal paperwork required by the Sheriff for a criminal arrest shall be completed by the arresting officer with a notation made therein that the arrest was a mental health arrest.

3. Criminal Arrest Decision: If a person is homicidal, suicidal or gravely disabled but is NOT “at large” or is “IN the care of some discreet person,” then the only way that person could be lawfully arrested is to charge the person with any applicable criminal offense. If a person is NOT “clear and present danger to himself or herself or others” (i.e., reasonably appears to NOT be homicidal, suicidal, or gravely disabled), then the only way the person could be lawfully arrested is with an applicable criminal arrest. A person subjected to an appropriate mental health arrest may also be charged with any applicable criminal offense ... but ... it is not necessary, however, to charge a person who is “at large and not in the care of some discreet person” and is a “clear and present danger to himself or herself or others” (i.e., reasonably appears to be homicidal, suicidal, or gravely disabled) as a result of mental illness with a minor criminal offense (e.g., disorderly conduct or criminal trespass) in order to provide legal justification for the mental health arrest.

4. Mental Health Involuntary-Civil-Commitment Proceeding for Admission for Treatment: A.C.A. 20-47-102 & 103 require that “whenever any sheriff, coroner, or constable shall discover any person to be of unsound mind COUNTY LINES, SPRING 2010

who resides in the county, it shall be his or her duty to make application to the circuit court ... [and] the court ... shall follow the procedure for the involuntary admission and treatment.” If the person subjected to a mental health arrest is not accepted by the local hospital or other treatment facility for in-patient treatment, then the person subjected to a mental health arrest should be transported to the county jail for mental health detention. When any person subjected to a mental health arrest is detained in the county jail, the Sheriff (or his employee) must: 1) take the mental health care arrestee before a judge “without unnecessary delay” as required by Rule 8.1 of the Ark. Rules of Criminal Procedure and 2) “make application to the circuit court ... for involuntary admission and treatment” as required by A.C.A. 20-47-102 & 103. The law enforcement officer or other person should go to the prosecutor’s office to obtain the petition and file that petition with the Circuit Court asking the court to order the person person subjected to a mental health arrest involuntarily admitted for mental health treatment. This petition must include information showing that the person meets the homicidal, suicidal, or gravely disabled criteria stated in A.C.A. 20-47-207(c). If a person is not confined at the time of the petition and the petitioner shows evidence that the person named in the petition is a danger to himself or herself or others, then a petition for involuntary civil commitment can still be filed and a circuit judge can order law enforcement to transport the person to an appropriate treatment facility. The prosecutor represents the petitioner in the involuntary civil commitment proceeding, and the person named in the petition will be appointed counsel if he or she cannot afford an attorney.

5. Petition for Emergency Order Directing Involuntary Admission: If an Order is issued and the designated receiving facility or program and/or the Arkansas State Hospital refuses to accept the detainee into its facility claiming lack of bed space and/or that the detainee is too violent or that the detainee does not qualify for admission (e.g., has medical treatment issues that disqualify admission into the Arkansas State Hospital), then the Sheriff should file a Petition for Emergency Order Directing Involuntary Admission with the Circuit Court asking the Circuit Court to order the designated receiving facility or program and/or the State Mental Hospital to immediately accept the person or suffer punishment for contempt of court.

to formulate procedures for handling the mentally ill when encountered by county law enforcement or detention officers.

1. Involuntary-Civil-Commitment Proceedure for Admission for Treatment: A.C.A. 20-47-102 & 103 require that “whenever any sheriff, coroner, or constable shall discover any person to be of unsound mind who resides in the county, it shall be his or her duty to make application to the circuit court ... [and] the court ... shall follow the procedure for the involuntary admission and treatment.” This would apply to persons who are already in jail “whenever any sheriff ... shall discover any person to be of unsound mind who resides in the county [jail] , it shall be his or her duty to make application to the circuit court ... [and] the court ... shall follow the procedure for the involuntary admission and treatment.” The detention officer or other person should go to the prosecutor’s office to obtain the petition and file the petition for involuntary commitment with the Circuit Court asking the court to order the jail detainee involuntarily admitted for mental health treatment. This petition must include information showing that the person is of “unsound mind.” The prosecutor represents the petitioner in the involuntary civil commitment proceeding, and the person named in the petition will be appointed counsel if he or she cannot afford an attorney.

2. Petition for Emergency Order Directing Involuntary Admission: If an Order of involuntary civil commitment is issued by the Court and the designated receiving facility or program and/or the Arkansas State Hospital refuses to accept the detainee into its facility claiming lack of bed space and/or that the detainee is too violent or that the detainee does not qualify for admission (e.g., has medical treatment issues that disqualify admission into the Arkansas State Hospital), then the Sheriff should file a Petition for Emergency Order Directing Involuntary Admission with the Circuit Court asking the Circuit Court to order the designated receiving facility or program and/or the State Mental Hospital to immediately accept the person or suffer punishment for contempt of court.

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

Suggested Procedures for Persons Already in Jail: The following steps are offered in an effort 47

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talking, and coming up with ideas; and educate the public about the great need.” One of the Perry County JPs, for instance, attended town meetings and city council meetings and talked it up, he said.

The original quorum court jail committee was appointed in 2000, then expanded in 2002 to include other citizens and leaders. The first election effort in 2004 fell short in the polls by two-thirds, according to committee members on hand at a recent “media day” introduction. That committee was disbanded after the unsuccessful vote, and the judge appointed a new committee.

“I think the first time, people didn’t understand just how bad it was,” said Justice of the Peace Jimmy Ray Evans. “We pared the cost, and educated the public; we were upfront with people on everything,” he said.

Current committee members include JP Evans, JP Patty Brazil, former JP Wanda Smith, citizen Joe Tipton, JP Randy Wilson, JP Carmen Wise, JP Charlie Clements, JP Bill Doughty, Sheriff Montgomery, former Judge True Robinson, and Judge House.

Architects were Taggert & Foster; builders were Noacon, based in Shirley.

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cifically to the insurance industry. In some of the indicators against which Nationwide was evaluated, they continued very strong; in others, their position weakened from the prior year.

NACo and the NACo Deferred Compensation Advisory Committee will continue to monitor Nationwide as economic conditions change in 2010.

The NACo deferred compensation program, also known as a 457 program, is a voluntary investment program that gives county employees the opportunity to save regularly for their retirement on a pre-tax basis. One of the investment options available to participants is a fixed annuity that offers county employees the opportunity to earn an investment return at a fixed rate that is established quarterly by Nationwide. In addition, on an annual basis, Nationwide sets an investment rate minimum (or floor) for the year.

According to the study, the 2008 return on this investment option placed highest among its competitors. The report was released at the November 4, 2009 meeting of NACo’s Deferred Compensation Advisory Committee, held in Monterey County, California. This study has been conducted every year since 1989, and the NACo program has always come out on top.

“Our 29-year partnership with NRS continues to deliver a quality program that helps county employees save for a more comfortable retirement – this is more important than ever in today’s economy,” said Larry Naake, NACo executive director.

The competitive interest rate test concluded that Nationwide met its contractual requirement to equal or exceed the top one-third of its competitors. This study reviewed the fixed annuity option offered by Nationwide and its nine largest competitors.

The consultants’ analyses are only one feature of NACo’s deferred compensation program that distinguishes it from others. As a result of NACo’s Deferred Compensation Advisory Committee, the NACo program is the only one in the country that receives oversight and is advised by county participants. It also benefits from the oversight and endorsement of 41 state associations of counties.

(For further information on NACo’s Deferred Compensation program, please contact Lisa Cole at NACo at 202-942-4270 or lcole@naco. org or www.nrsforu.com)

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The National Association of Counties (NACo) is committed to the highest standards of conduct by and among county oficials in the performance of their public duties. Individual and collective adherence to high ethical standards by public oficials is central to the maintenance of public trust and conffdence in government.

While county oficials agree on the need for proper conduct, they may experience personal conffiict or diflering view of values or loyalties.

In such cases the principles contained in this Code of Ethics provide valuable guidance in reaching decisions which are governed, ultimately, by the dictates of the individual conscience of the public oficial and his or her commitment to the public good.

Certain of these ethical principles are best expressed as positive statements: actions which should be taken; courses which should be followed; goals which should permeate both public and private conduct. Other principles are expressed as negative statements: actions to be avoided and conduct to be condemned.

The Code of Ethics for County Oficials has been created by and for elected county oficials.

However, these principles apply to the day to day conduct of both elected and appointed offfcials and employees of county government.

NACo recognizes that this Code of Ethics should serve as a valuable reference guide for all those in whom the public has placed its trust.

Properly administer the aflairs of the county.

Promote decisions which only benefft the public interest.

Actively promote public conffdence in county government.

Keep safe all funds and other properties of the county.

Conduct and perform the duties of the ofice diligently and promptly dispose of the business of the county.

Maintain a positive image to pass constant public scrutiny.

Evaluate all decisions so that the best service or product is obtained at a minimal cost without sacriffcing quality and ffscal responsibility.

Inject the prestige of the ofice into everyday dealings with the public employees and associ ates.

Maintain a respectful attitude toward employees, other public oficials, colleagues and as sociates.

Eflectively and eficiently work with governmental agencies, political subdivisions and other organizations in order to further the interest of the county.

Faithfully comply with all laws and regulations applicable to the county and impartially apply them to everyone.

Engage in outside interests that are not compatible with the impartial and objective performance of his or her duties.

Improperly inffiuence or attempt to inffiuence other oficials to act in his or her own benefft.

Accept anything of value from any source which is oflered to inffiuence his or her action as a public oficial.

The ethical county oficial accepts the responsibility that his or her mission is that of servant and steward to the public.

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Pr of i le: Eddie Jones What theyr ’ e saying.

Eddie Jones Continued from 31 > > > pleted. My position, then and now, was that if the voters of the county elected the person we could not remove them just because they did not do their CE. I recall that Eddie was very frustrated that we did not pass the legislation; I think he tried more than once. I understood he wanted the treasurers to all do right and I appreciated his passion but... I would say it took us some time to work past our differences of opinion but we did and I now consider him a valuable resource on county matters.”

Roger Haney, Washington County Treasurer: “Eddie Jones epitomizes the type individual needed to lead an organization like AAC. No one has worked harder, more diligently and with the enthusiasm than Eddie has since coming on board to lead the AAC. No one knows and understands the interworking of county government in Arkansas better than Eddie. He came along at the right time in our development as an organization and has set the AAC on a course to modernize our technological capabilities to better serve Arkansas counties and get up to a higher level to accomplish our task as an association.

He has brought our various Associations closer together to forge a united front, giving us more success in pursuing our legislative program with the General Assembly and state government as a whole. Because of Eddie’s leadership, our programs and the AAC are on good financial footing which will bode well during the tough economic times that we are facing. He will be greatly missed upon his retirement, but we can all be sure that he has built a good foundation for counties to move forward.”

Rep. Monty Davenport: “I wish him the best, but it’s almost heartbreaking that he’s leaving. I’ve never asked for anything from that office that hasn’t gotten immediate attention. Eddie, David Morris, Mark Whitmore, all the staff are about taking care of business, quickly and efficiently. Eddie’s a good manager who focuses on ‘Let’s take care of the people we’re here to take care of.’”

Doris Tate, Sebastian County Clerk: “Eddie is one of the few people that I have known in public service who lives his faith, treating others as he wishes to be treated and giving the credit to a higher power than himself.”

Mark Whitmore, AAC Chief Counsel: “I find it hilarious that the Governor of Arkansas calls him “Fast Eddie”, because Eddie is so rigidly conservative.

Also, it was hilarious when Eddie spoke with his golden radio voice through the microphone at the AAC conferences. Sen Jack Critcher got real tickled at this and once remarked that Eddie sounded like a member of the Oak Ridge Boys.

His deep voice and cadence made even his announcement of the sponsors sound like Ralph Emory at the Grand Ole Opry! But my one word description of Eddie is “thorough” – just look at Eddie’s email responses on Treasnet. They are full and complete treatises.”

Jeanne Hunt, AAC Executive Assistant: “Everyone bandies about the saying, but truly, Eddie is a GOOD man, the most true and honorable man that I know. I have seen him open his wallet to give a homeless man money, and I have seen him write a check for a family he knew was in need without ever blinking an eye or mentioning it to anyone for self-glory. When he knows someone who loses a loved one, he never fails to send a card. I just can’t emphasize enough how honorable he is. I have known Eddie more than 23 years and I have never seen him NOT do the right thing. He has a keen sense of humor that is fun to be around and when he laughs, it is always all-out laughing!”

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Janis Mock, Randolph County Clerk: Eddie was the best county official imaginable.

We depended on him so much.

He just knew everything, and everyone knows what a “great guy” Eddie is. We all know how efficient, knowledgeable, wise and dedicated he is. I don’t know if everyone knows what a good sense of humor he has or what a good sport he is. We here in Randolph County (where Eddie cut his eye teeth) love to hear Eddie laugh....He laughs from the top of his head to the bottom of his feet...he laughs all over.

It is a wonderful laugh. He is also a good sport, and he had a lot of practice using it here Eddie Jones listens to anattentiv executive at the courthouse. We did play board meeting exchange of ideas some terrible practical jokes on him and he handled it with great humor. We have salted his coffee and cough-dropped his coffee, but our best (or worst) one was on his 40th birthday. We hid about 20 hard-boiled eggs in his office, taped behind desk drawers, in filing cabinets, etc. We had them numbered so it implied there were 40 of them. What fun to hear that booming laugh down the hall when he found another one, and his good natured frustration when he could not find all “40” of them. We are glad he is coming home so we can hear that laugh more often!

Sherry Huskey, Randolph County Treasurer: “Eddie is a friend, mentor, former boss – and he is married to my sister, Phyllis, so he is my brother-in-law.

Eddie gave me the opportunity to work in the Treasurer’s office in 2002, and today I am still in the office, as Treasurer now. Even after three years, I can still hear his laughter from a funny joke told at the courthouse or hear him whistling as he’s coming down the hall. Eddie is a big part of our county family. We are very proud of him in all his accomplishments in our county and at AAC, and glad he’s coming home.”

Brenda “Emmy” Emerson, AAC Receptionist/Special Events Coordinator: “To quote Woodrow Wilson, ‘You are not here merely to make a living. You are here to enable the world to live more amply, with greater vision, and with finer spirit of hope and achievement. You are here to enrich the world. You impoverish yourself if you forget this errand’. Eddie is one of the “richest” men I know, because he has certainly done all the above for county government in Arkansas in his 20-plus years of employment and for AAC in his time both on the Board of Directors and here in the office as Executive Director. Personally, I’ll miss that “radio” voice saying “good morning” and “have a good weekend” and the occasional whistling of a tune. Eddie, I wish you lots of sunny days and beautiful lakes full of hungry fish.”

Brenda Hildebrandt, AAC Acountant: “Eddie is a hugger; me, not so

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Collaborat ion much. When Eddie first became director, he would hug us and I would dread it. Then came the day he didn’t hug me, and I wanted a hug. Needless to say, I am now a HUGGER and I’m so going to miss his hugs. Who’s going to give me my hug now?”

Kim Nash, Claims Examiner, AAC Risk Management: “It has been such a blessing to have him come in as Executive Director. He brought about a subtle change that made a huge difference. I have appreciated the inspirational emails he sends out from time to time reminding us that he appreciates our work “even though he doesn’t tell us often enough.” I remember past conferences where he stood up and did the announcements in his “radio voice”. I remember the times in the lunch room where he just laughed and laughed not knowing exactly what direction the lunch room conversations would take and probably often wondered what he got himself into. The list goes on: His relationship with Christ; he is someone easy to talk to and eager to listen on any level; the love he has for his wife and his family; his dedication to county government; his appreciation and care for each of us. I just really, really respect him, and I am going to miss him a bunch!”

Cindy Posey, AAC Accountant: “Even though I’ve only gotten to work with Eddie for about seven months, I have greatly appreciated his passion for Arkansas’s counties and the level of professionalism that he brings to this organization. His commitment both to the state and to our staff is certainly something to be emulated. It has been a privilege to work with him and he will truly be missed.

Mark Whitmore (center), Association ofChief Arkansas Counsel, addresses Counties a delegation of Turkish government leaders who visited the Arkansas Municipal League (shown here) as well as AAC facilities and other key government sites as part of a Turkish-American Friendship Tour in the state in February. While in Arkansas the delegation also met with Gov. Beebe, legislators, Secretary of State and mayors.

Samsun, Turkey, is a sister city of North Little Rock. (Photo courtesy Andrew Morgan/AML)

s I o y r u comn um ity cleaning p u ?

Patti Hill, longtime Crawford County Clerk (now retired): “Eddie is dedicated to family, friends and counties. He has been a friend for 25-plus years and I have admired his work ethic and dedication to his time as Randolph County Treasurer and as Director of AAC. I, along with many others, will miss him but I wish him the very best as he enters the retirement phase of his life.”

Randy Kemp, AAC Communications Director: “Actually, I find Eddie a little aggravating. I keep thinking, if only I could attain to half of his organizational skills and work ethic, I might some day amount to something! On a serious note, there have been three our four people over the years that I have respected so much that I considered them “my hero”, and Eddie is one of them. He strives for excellence in all he does, but on top of that, he is a man of great depth, dimension and conviction, one who is a joy to be around.”

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Last Word

a N tional census e m ans redistrict

Advertiser

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Resource Index

This publication was made possible with the support these advertisers who h helped to underwrite the cost of County Lines. They deserve your considerat and patronage when mak ing your purchasing decisions.

For more information on h to become an advertise please call Randy Kemp at 0 5 . 7 - 2 13 0 5

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Debbie Norman Manager 501.375.8247

Cathy Perry Admin. Assistant 501.375.8805

Barry Burkett Loss Control Specialist 501.375.8805

Cindy Calvert Claims Examiner 501.375.8805