Amendment 55: A tool for efficiency and flexibility
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In This IssueFall 2013
Features Light at the end of the student loan tunnel in PSLF Program .............................15
Circuit Clerks gather at AAC for myriad of CE information .................................35 County Official Profile — Son of a preacher man — Tim Lemons ........................38
Greers Ferry Dam
50 years later 24
Inside Look Delta Health Initiatives Program meeting a success ............................................23
County Judges elect new officers, hear road law update and much more .......36 Saline County GIS earns excellence award .............................................................41 AAC Board breaks ground on expansion .................................................................55
Randy Kemp Memorial Tourney scores great year
50 45th AAC Conference
Departments Calendar of Events .........................................................................................................6
From the Director’s Desk ..............................................................................................7 President’s Perspective ................................................................................................9 Legislative Tangents ....................................................................................................10 Attorney General Opinions .........................................................................................11 Frequently Asked Questions ......................................................................................12 From the Governor .......................................................................................................13 County Law Update ......................................................................................................14 Savings Times 2 ...........................................................................................................16 Research Corner ..........................................................................................................18 Seems to Me .................................................................................................................20 AAC Staff profile — Tammie Scarborough ...............................................................56 Advertiser Resource Index .........................................................................................58
42 Cover Notes: The American Flag at the Arkansas State Capitol back lit.
ld Glory at the Arkansas State Capitol is always mag- nificent, but in this image, we felt its vibrance was es- pecially stunning and inspiring. This photo was taken during the federal government shutdown in October. What thoughts come to your mind when you see our nation’s flag in this image? Share them with us on our Facebook page. Just look for the cover image on our page and make a comment. Here’s some comments about our flag and the liberty it symbolizes: “They that can give up essential liberty to purchase a little temporary safety deserve neither liberty or safety.” — Benjamin Franklin “We give our heads! And our hearts! To our country! One country! ... One flag!” — Colonel George T. Balch “Yet freedom! Yet the banner, torn, but flying. Streams like the thunderstorm against the wind!” — G.G. Lord Byron
O COUNTY LINES, FALL 2013 “ A AAC Photo / Scott Perkins
thoughful mind,when it sees a nation’s flag, sees
not the flag only,
but the nation itself; and whatever may be its symbols, its insignia, he reads chiefly in the flag, the government, the principals, the truth, the history which belongs to the nation that sets it forth.
” — Charles Sumner 5
AAC F A M I L Y A N D F R I E N D S » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » Amendment 55: A tool for efficiency and flexibility
and passed by the people in the general elec- tion of 1973. Implementing legislation was adopted under Act 742 of 1977, the County Government Code. In 1970, the voters rejected the proposed
A AAC F A M I L Y F R I E N D S » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »
Arkansas Constitution of 1970 and Gover- nor-elect Dale Bumpers named a committee to study a possibility to presenting fragments of the document to voters, including the Lo- cal Government Article of the proposed Ar- kansas Constitution of 1970. Amendment 55 addressed several major issues pertaining to county government which clearly express a policy that local control and flexibility over local matters is preferred by the citizenry and engrained by Amendment 55 into the Arkansas Constitution. Section 1 of Amendment 55 granted exten-
sive legislative powers including “home rule” (not requiring legislative act for authority to en- act ordinances); and eliminated the quasi-legis- lative authority of the county court. Section 1 Power of quorum court provides: “(a) A county acting through its Quorum Court may exercise local control not denied by the Constitution or by law; (b) No county may declare any act a felony or exercise any authority not relating to county affairs; (c) A county may, for any public purpose, contract, cooperate, or join with any other county, or with any political subdivisions of the State or with the United States.” Te practical effect of this grant of authority to the quorum court was to give sufficient flexibility to handle local matters and eliminate the need for General Assembly approval for local authority over matters not denied by the state or federal government. (See: 28 Ark. L. Rev. 226, online at
arcounties.org. Search “Amendment 55.”) Section 2 of Amendment 55 further ex-
Hundreds of citizens gather at John F. Kennedy Overlook Oct. 3 for the 50th anniver- sary of the dam. Former President Bill Clinton keynoted the event. He told the audience “The real great test of our time is whether we can build a common future of shared responsibility and shared prosperity ...”
Greers Ferry Dam — 50 years later
By James Jackson Te Sun Times
guished speakers honoring the 1963 dedication of the dam by President John F. Kennedy and the impact the dam has had not only on the county but also the entire state. Crowds began arriving early and by 10 a.m. traffic was backed up and
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moving at a snail’s pace across the dam to gain access to the JFK Over- look. Visitors were shuttled to the ceremony from overflow parking for those that opted not to park and walk. Children from schools across the region were bussed in to witness the event. By the time the event began at 11 a.m., the JFK Overlook was filled to the brim with people, both young and old. Many of those present were at the original ceremony and many said were thrilled to be able to relive those memories 50 years later. Heber Springs Mayor Jackie McPherson kicked off the ceremony with
an introduction of the guests, including the presentation of colors by the ROTC detachment from ASU-Jonesboro. Braylon Mitchell of the Uni- versity of Arkansas led the Pledge of Allegiance followed by an invoca- tion led by Brother Tommy Toombs of First United Methodist Church in Heber Springs. McPherson then introduced Colonel Cortney W. Paul, Commander of the Little Rock District of the Army Corps of Engineers. Paul spoke of the important role the dam has played for the Corps both in 1963 and today. Following Colonel Paul was Governor Mike Beebe. Beebe spoke of his fond memories of visits to the area, specifically the Little Red River, over the years and expounded on the importance of legendary Arkansas Sena- tor Wilbur D. Mills. “He was the kind of person you could walk up to on a street anywhere in the state and say ‘Hey Wilbur!’ and he’d stop and talk to you,” said Beebe. Mills friendship with Kennedy was one of the most important factors in Kennedy’s decision to come to the dedication in 1963.
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he 50th anniversary celebration of the dedication of Greers Ferry Dam not only celebrated history, but made history, Oct.3 , as thousands of spectators arrived to witness the his- toric event. President Bill Clinton topped the list of distin-
“President Kennedy was prophetic when he talked about coming back and flying over 10 years later or 20 years later and seeing the prog- ress this investment had made for our people. We are all beneficiaries of it, not 20 years later, not 30 years later, but 50 years later, and I would argue with you that it’s just begun and this growth will continue for generations to come.” A roaring cheer followed Beebe’s speech as President Bill Clinton took
the podium. Clinton praised Beebe as an outstanding bipartisan leader for Arkansas and highlighted his ability to reach across party lines to put the good of Arkansas above partisan politics. Clinton recalled one of his last visits to the area when he and Senator Dale Bumpers arrived to help rededicate a bridge that had been destroyed in a tornado. Clinton also talked about Kennedy’s success in reaching across party lines to “get the show on the road.” “If you read President Kennedy’s speech, you realize that he was ob- sessed with trying to honor the future. You realize that he believed that between WWI and WWII we had a depression and we drove the world into a second world war because we neglected that,” Clinton said. “Be- cause we thought everything would just take care of itself and we could just go about our business and have our fights and pursue our own inter- ests. Kennedy knew that the way to avoid that in the future was finding a way to come together and build a common future. Te real great test of our time is whether we can build a common future of shared responsi- bilities and shared prosperity or whether we’re going to build a common future of constant conflict with nobody finally saying ‘how can we get the show on the road.’” Clinton’s advice to current government officials regarding the government shutdown was to follow Kennedy’s example and “get the show on the road.” Te crowd gave a roaring ovation for President Clinton as he closed the speech and introduced Former Speaker of the Arkansas House of Rep- resentatives Cecil Alexander. Alexander spoke of the importance of the dam and it’s impact through the years. As the closing speaker, Alexander pointed towards the future of the region with the possible building of the proposed water garden, which would be a continuation of the legacy of Kennedy in the area from its original 1963 vision.
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presses a policy for efficiency and provides in part: “(a) No county’s Quorum Court shall be comprised of fewer than nine (9) justices of the peace, nor more than fifteen (15) justices of the peace. Te number of justices of the peace that comprise a county’s Quorum Court shall be de- termined by law.” Te General Assembly un- der Act 742 of 1977 could have determined to
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mendment 55 of the Arkan- sas Constitution, “Revision of County Government,” was pro- posed by House Joint Resolution
express a policy that local control and flexibility over local matters is preferred by the citizenry and ingrained by Amendment 55 in to the Arkansas Constitution.
“A ”
set the number of justices of the peace districts for all counties the same, or at the minimum or maximum, but the law, as codified A.C.A. 14-14-402, affixes the number of justice of the peace districts based upon population and on a graduated scale {9 JP districts for popu- lation 0-19,999; 11 JP districts for population 20,000 to 49,999; 13 JP districts for popula- tion 50,000 to 199,999; and 15 JP districts for population 200,000 and above}. Te intent was to provide for a local legislative body small enough to conduct business on a periodic basis. Under prior law, the 1874 Arkansas Constitu- tion, allowed for justice of the peace districts to be apportioned for one justice of the peace for every 200 electors. Some say that 15, 13, 11 or even 9 may be too many justices of the peace to conduct business; and how they arrived at the 9 to 15 range or the population gradations is unclear. Nonetheless, these revisions resulted in making quorum courts more efficient and effec- tive by reduction in numbers. Similarly, A.C.A. 14-14-401 allows the county court to divide the county into township districts for the township office of constable. Te clear trend has been for the county courts to reduce the number of township districts and thereby constables. Te remainder of Section 2 of Amendment
55, subsection (b) explicitly grants extensive flexibility and efficiency: “Te Quorum court may create, consolidate, separate,
revise, or
abandon elective county office or offices except during the term thereof; provided however, that a majority of those voting on the question at a general election have approved said action.” Many counties have used these provisions to combine offices, separate offices, and revise of- fices. Tere are 17 combined offices of county clerk and circuit clerk. Forty-five counties have
mendment 55 addresses several major issues pertaining to county government which clearly
Mark Whitmore AAC Chief Counsel
now separated the office of sheriff and collector and five counties created the combined office of treasurer-collector (Johnson, Pulaski, Sebastian, Monroe and Lafayette). Tis trend evidences the efficiency of having the office of collector separate from sheriff or for establishment of combination of treasurer-collector. Debra Buckner, Pulaski County Treasurer
said, “It has been my observation and experi- ence over almost 13 years that the duties of the offices of treasurer and collector flow well together. We have a really good understanding of the entire cash process from assessor abstract, original tax charge, billing and collections, final tax settlement, and entity distribution than we would if we only had part of the process.” Rebecca Talbert, Garland County Collector, said, “Te duties and tasks of sheriff and collec- tors offices are totally different. A tax collector is engaged in office operations such as balancing the original charge and monies collected, print- ing tax bills, publishing notices and collecting funds. Law enforcement operations have en- tirely different operations, skills and training. Te citizens may be better served by having an official focused on the duties of the office of col- lector.” Some counties, Pulaski and Faulkner have
used this constitutional provision and the en- abling procedure authorized by A.C.A. 14-14- 601 et seq., to place the office of coroner under the office of county judge as an appointed of- ficial, provided the matter is approved by the voters. See: Attorney General Opinions: 2003- 186, 2002-351, 1997-383. Te AG has also opined that Amendment 55 does not allow the county to abandon the office of constable. See: Attorney General Opinions Nos. 1998-313 and 1977-023. Te AG also indicated that Amend-
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Research Corner
AAC C O N F E R E N C E R E C A P » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » » »
Buddy Villines, Pulaski County Judge, Kevin Tucker, Boone County Sheriff Mike Moore and Mike Griffin walk up a scenic green at Glenwood Country Club during the Randy Kemp Memorial Scholarship Tournament.
Randy Kemp
Memorial Scholarship Golf Tournament
1956—2011
Tony Washington putts while his teammate David Penrod looks on. Paul and Don Baker (right) also look on.
Almost 60 golfers teed off at Glenwood Country Club on Aug. 21 to fund raise for the Randy Kemp Memorial Scholarships. Kemp was the AAC’s first communications director and he joined the AAC in 2008 af- ter a successful career in newspapers. He died in a motorcycle accident in August 2011. “It’s always easy to help raise money for a cause that has Randy’s name,”
Jackson
County Judge Jeff Phillips waits on the tee before hitting in the Randy Kemp Memo-
rial Tournament at Glenwood Country Club in August.
said Wes Fowler, AAC governmental affairs director. “I really appreciate the growing support of our golfers, sponsors and volunteers. We’ve made this a profitable event for a great cause.” Te Randy Kemp Memorial Scholarship aims to raise funds for scholar- ships for descendents of county officials or employees who intend to pursue a college degree in communications. Te first and second Randy Kemp Memorial Scholarship (2012, 2013) was awarded to Karen Ricketts, who is pursuing a degree in broadcast jour- nalism at Arkansas Tech University. “I’m thankful Wes has shared his knowledge of successful golf tourna- ments in helping AAc host such a nice and worthwhile tournaments,” said Chris Villines, AAC executive director. Te AAC appreciates all who supported the fund and the golfers who
participated. Tournament results First flight Jim Hall and Tom Cain — 61 Kevin Sexton and Scott Sanson —63 Bob Clinard and Deron Jennings — 65 Josh Allen and Simon Mack —65 Second flight John Turston and Phillip Carper —73 Mike Rainwater and Geoff Tompson — 73 Darryl Gardner and David Mayo — 73 Don Baker and Paul Baker — 73 Closest to the Pin No. 5 – Deron Jennings Closest to the Pin No. 7 – Kevin Sexton Closest to the Pin No. 15– Jim Hall Closest to the Pin No. 17 – Tim Welch Gift cards were earned for the top four in each flight and for closet to the pins.
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Tourney scores great year
Randy Kemp Memorial
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County officials, employees, vendors and sponsors regis- ter for the 45th annual Association of Arkansas Counties Con- ference at the Hot Springs Convention Center August 21.
Below: Garland County Sheriff Deputies performs the official color guard ceremonies to open the AAC conference.
About XXX county officials, employees, vendors and sponsors assembled at the
Hot Springs Convention Center August 21-23 for the 45th annual AAC Conference. “Taking Counties to the Winner’s Circle,” was the theme for this year’s event and health care and public safety were the hot topics. “Yet again, the AAC staff worked diligently to host and execute an informative and energizing conference. We thank all who helped make it happen,” Villines said.
Chris Villines, AAC executive director, welcomes delegates to the general opening session of the 45th AAC annual conference in Hot Springs.
Portion of confer- ence photos pro- vided by Tia Wind Photography.
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