Smooth running counties

We have just finished a few intense months in county government. Not only did we start the year of 2023 with scores of new county officials, but we also just travailed a regular session of the Arkansas General Assembly with many new legislators. Of course, there is no such thing as a “regular” session of the Arkansas Legislature anymore, except in its defining of the odd-year session.

Legislation is what I want to talk about. Legislation is the precursor to law. Law is what you held your hand up and swore to uphold as an elected official or a deputy to an elected official.

Some of you have been wondering recently why the Association of Arkansas Counties (AAC) and the other affiliate associations place so much emphasis on new legislation. I refer you to the previous paragraph. It’s because you swore to uphold the laws affecting your office operations — all of them. You can’t uphold them if you don’t know what they are.

The doctor said, “Your x-ray showed a broken bone, but we fixed it in Photoshop.” That doesn’t really work. Neither does glibly going along operating one of the elective offices or departments of county government without knowing the laws that govern the operation.

Keeping up with legislation is one of our jobs at the AAC. Reading and analyzing all the bills that are filed is our responsibility. I’m not telling you that reading legislation is fun and exciting; it’s not. Believe me. I review and read all the bills that are filed and write a report of those that affect county government.

No, it doesn’t excite me, and it’s not easy; but as they say “somebody’s gotta do it.” I’m just the starting point — the first reader of legislation. However, it is not me or other staff members at the AAC that must abide by and put those new laws into operation. That would be you — the elected officials and your staffs.

It’s not necessary for you to have an in-depth understanding of every bill that impacts county government. But it is important to at least have a simple grasp of new legislation that could impact your county. It is imperative for you to have a complete detailed understanding of the new laws that affect the operation of your office or department. Remember that oath you took? You simply cannot keep that oath without knowing the law.

Eddie A. Jones County Consultant

The Arkansas General Assembly passes hundreds of laws every regular session held in the odd-numbered years. This year alone, the House of Representatives filed 849 bills and the Senate filed 590 bills. Of the total 1,439 bills filed, 890 became law.

During the legislative session, the AAC was tracking at least 453 bills affecting county government in some fashion. That number represents 31.5 percent of the total bills filed. Many of those that were good for county government were enacted, while many of the bad bills were defeated.

But there were some good bills that did not make it — and a few bad ones that slipped through. For a little baseball analogy, I think we batted an unbelievably strong .800. Hey, that’s considered unachievable in modern day baseball. The last time a pro baseball player had a batting average over .400 was the .406 that Ted Williams hit for the Boston Red Sox back in 1941. I think the main reason we couldn’t have a near perfect season, I mean session, is that good and bad ideas both come from the same fountain — if you know what I mean.

Other AAC staff members are providing articles with more detail about specific bills. My whole purpose in this article is to point to the importance of knowing county government law and the changes that are made in those laws every legislative session.

Here are a couple of examples. In the 2021 legislative session, Act 954 added a section of law [§ 14-14-116] that mandates a required publication made by a county include the statement, “This publication was paid for by,” and then has to identify the county entity responsible for payment; identify the office responsible for payment; and disclose the amount paid for the publication.

Whether that is good law or bad is beside the point — it is the law. Guess how many times I saw required newspaper publications without this disclaimer? Suffice it to say, several times. Take the time to keep up with changes in law.

Act 752 of 2021 authorized the quorum courts to appropriate up to 100 percent of the anticipated revenues for federal financial assistance from a federal agency, circumventing the 90 percent Rule for counties in accordance with § 14-20-103. Yet, I received many calls from counties wondering if they had to abide by the 90 percent Rule concerning the American Rescue Plan Act funds, which were characterized when distributed to counties as additional “federal financial assistance.”

Those are just two examples from one legislative session out of hundreds of changes in county law. I know I sound like I’m scolding you, but that’s not what I’m doing. That’s not my intent. I’m saying it is important to track and keep up with changes in law that affect your office. It is part of your job, part of your responsibility as an elected official and part of your duty as a public servant.

I get it. There is not a one of us that can know it all — even if there are a few who think they do. I have done my best over the years to try to keep up with county law and still learn things almost daily in my work. I’m always willing to help when I can. My cell phone number is (870) 810-0115 . If you want to contact me by email my address is e.jonesconsulting@gmail.com . Feel free to contact me. But don’t let my offer lessen your responsibility to read, learn and study.

The 94th General Assembly session just ended recently. As I mentioned, AAC tracked 453 bills that would affect county government. Not all of them were enacted, but many were. And some of them were comprehensive.

Just to mention two or three changes; Act 472 requires the county annual financial report publication be paid for totally by the county treasurer, which saves general fund money. Act 315 increases the homestead property tax credit from $375 to $425. That change affects the operations of at least three county offices — the assessor, collector and treasurer. And what about all those election bills that were filed? There were literally dozens of them … about six dozen. Not all of them were enacted but many were. All I can say is, “I’m sorry,” to the county clerks, election coordinators and county election commissions. AAC Legal Counsel Lindsey French and many of Arkansas’ county clerks worked tirelessly on these bills trying to lessen the hurtful impact in conducting elections.

I encourage you to attend every seminar or association meeting possible to learn about the many changes in county law resulting from the recent legislative session. Some are already in effect because they had an emergency clause. Others will be effective soon.

Don’t be like the woman in court. The judge asked her if she was married and she said, “No, I’m divorced.”

“And what did your husband do before you divorced him?” the judge asked.

Her reply was, “A lot of things I didn’t know about.”

Please don’t let there be a lot of things you don’t know about. Take every opportunity possible to learn the law concerning the operation of your office. Yes, it takes time and effort, but it is your responsibility. And what you learn today may change tomorrow — or at least when the Legislature meets. The job requires constant learning and relearning.

It is a fundamental legal principle in the United States that ignorance of the law is no defense. If ignorance were accepted as an excuse, any person charged with a criminal offense could claim ignorance to avoid the consequences. Laws apply to every person within the jurisdiction, whether they are known and understood.

I’m sure you will recall Arkansas Constitution, Article 19, § 20: “I, ________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of ________, upon which I am now about to enter. So help me God.”

You must know the law to faithfully discharge the duties of your office. Don’t raise your hand and swear to it if you’re not going to do it. You are in the wrong business if you’re just wanting to slip-slide through. County government is hard work. Remember this: “Hard work beats talent when talent doesn’t work hard.”

Hard work makes for a smooth running county.