Volume 59, Number 5 October 2015 Ray Long 2015-16 ACCA President Martin & Cobey revised:Layout 1 2/20/2012 4:34 PM Page 1 B r i a n M o o r e P 2 5 6 . 2 3 2 . 5 3 8 4 B M o o r e @ M a rt i n a n d c o B e y. c o M W W W. M a rt i n a n d c o B e y. c o M issue in this VOLUME 59, NUMBER 5 news you can use... VP’s Goal: ‘All of us as a team together’ ..........................15 Volume 59, Number 5 ‘She’s 150% county government’ .....................................18 October 2015 FAQ: DRIVE Alabama .......................................................21 Extreme makeover ‘ cited for excellence ..........................25 Lee Co. sold voters on 1-cent sales tax ...........................28 Tax simplification for businesses gets underway .............30 PLAN 2016 ........................................................................31 Ray Long Property insurance start-up ahead of schedule ...............32 Brothers in Service............................................................34 2015-16 ACCA President point of view... President’s Perspective .....................................................4 Collaboration, communication are key for local leaders ACCA President Ray Long, chairman of the Morgan The County Line ................................................................. 6 County Commission, was photographed at his county’s All is not well courthouse in Decatur. In Legal Terms ....................................................................8 New guidance from Alabama Ethics Commission Photo: Jeronimo Nisa in every issue... Statement of Ownership, Management & Circulation A voice from Alabama’s 67 counties ................................39 As of October 2015 - County Commission Kristi Stamnes, Covington County E 9-1-1 Published bimonthly President, Association of 9-1-1 Districts of Alabama Association of County Commissions of Alabama PO Box 5040, Montgomery AL 36103 who we are... Publisher and Editor Sonny Brasfield Managing Editor Sallie Owen Gowan 2015-16 ACCA Board of Directors ...................................42 Circulation - Average of preceding 12 months ACCA Staff ........................................................................42 Number of copies ordered 1,710 Paid circulation (mail) 1,235 Free Distribution 195 Total Distribution 1,535 Office Use 185 Grand Total 1,720 COUNTY COMMISSION is published bi-monthly by the Association of County Commissions of Alabama, Inc.; P.O. Box 5040; Montgomery, AL 36103. Subscription rates are $20 per year, which is included in the dues of members. Additional copies, when available, are $2 each to non-members. Periodi- cals postage paid at Montgomery, Alabama. Postmaster: Send address changes to COUNTY COMMISSION; P.O. Box 5040; Montgomery, AL 36103. USPS 985-380 COUNTY COMMISSION | 3 President’s PERSPECTIVE Editor’s Note: This is the prepared We are also working on our text of the inaugural address that Ray plans for the future of this very Long delivered at the 2015 ACCA important – and rapidly-growing – Annual Convention. organization. We have a committee called Team 2021 that is helping us As we begin another year chart goals for the next 5 years. If in county government, you have any ideas, goals or activities I want to thank you for you would like us to include in our allowing me to be your President. strategic planning, please let one of As we start a new year, we will focus these committee members know. on continuing the programs that In the coming year, we will are already in place and working begin our new property insurance hard – together – to carry forward program. This program will go the standard that has already been along with our present Liability established by this Association. Fund and will be a complement to For example, just this past year, our Workers’ Compensation Fund we started our own unique leadership as well. Presently we have 57 of program we call PLAN 2016. Its Hon. Ray Long our 67 counties participating in our President purpose is to take commissioners that were re-elected to a second term Liability Fund. These funds are set and try to get them more involved up specifically for counties. When we in our association and prepared for all work together and support these Collaboration, being leaders inside our organization programs, it makes them stronger. and in their communities back home. The counties can only benefit from We need more people to step being on this team. I don’t know communication up to the plate and take a leadership of any negatives or any reasons role in the Association. Every why all 67 counties should not be are key for year we lose some of our leaders participants. Our goal this year is to through retirement, health issues, see every county join our Liability local leaders and yes, some are defeated in their and Property Funds. re-election bids. As you look around As we get ready to start another this year this room tonight, I want you to year, we face many challenges. The think about the turnover rate among prison reform laws passed by the commissioners. legislature this year didn’t solve all On any issue, Today, more than 70 percent of the problems relating to our prisons all commissioners in Alabama took and our county jails. We are very counties are stronger office for the first time in the last concerned that the new laws may when speaking with 10 years. This means that less than simply shift more of the burden to 30 percent of our commissioners us, the counties. I know many of you ‘One Voice’ have at least 10 years of experience. worked very hard on this legislation, This is the very reason why we including the sheriffs who stood need more involvement from each side-by-side with us, to help ensure of you, because those of us in this that counties didn’t take all the hits, room today ARE the leaders of and I thank you for that. Ladies our Association – even if we don’t and gentlemen, I’m here to tell you realize it. We have 18 people who are tonight, it’s not our place to solve actively participating in PLAN 2016. the prison problem in Alabama. Thank you for taking the challenge. The current challenges in the state 4 | COUNTY COMMISSION prison system have been created over I don’t need to tell you buy a house for the same that we decades of neglect and inattention tonight about the importance of could in 1993. We can’t even buy a as our state has consistently kicked increased funding for maintaining gallon of milk for the same thing we the can down the road and improving county roads and paid in 1993. Why should anyone without finding real think we can provide solutions. a safe transportation We need to improve our communication Clearly this new system in 2015 by using law contains positive 1993 revenue? A bill was with our city colleagues so that both of our programs, but we are introduced during the uncertain how the voices can be stronger. special session to address changes will impact this issue, and during this counties. Tonight I want convention we’ve talked to challenge you to be bridges. You live with the problems about ways to promote our needs ready when the 2016 legislative every day, just as we do in Morgan back home. session begins. More prison reform County. I doubt if there is a county In the next few months I want is on the way – as we have heard represented in this room tonight that to challenge each of you to contact during our convention – so it is isn’t struggling to keep their roads your legislators, put them in the time for us to re-commit ourselves up to standards. The revenue we car, and show them the conditions to being outspoken advocates for receive today has not been increased of your county roads. Show them, county government so that the buck since 1993 – yet all our costs have first-hand, the needs in your county. is not passed down to us. sky-rocketed since then. We can’t >>>MORE page 11 CTAOHCNEC GNARE’AWST LU2Y0L 1AE5LTE-IO1C6NT ELSDE T GMOI ESML ABTERI VSE O CF O M M I T T E E DISTRICT 1 Hon. David Black Colbert County DISTRICT 9 Hon. Trey Taylor Elmore County DISTRICT 2 Hon. Ben Harrison Limestone County DISTRICT 10 Hon. Tucker Dorsey Baldwin County DISTRICT 3 Hon. Marcie Foster Cherokee County DISTRICT 11 Hon. Doug Sinquefield Houston County DISTRICT 4 Hon. Don Stisher Morgan County DISTRICT 12 Hon. Connie Hudson Mobile County DISTRICT 5 Hon. David Carrington Jefferson County DISTRICT 6 Hon. James Kelly Bibb County DISTRICT 7 Hon. Mike Vest Shelby County DISTRICT 8 Hon. Paul Perrett Coosa County COUNTY COMMISSION | 5 COUNTY THE LINE The temptation is to take a could have been solved – some deep breath and assume that believed – by putting all the state’s all is well. revenue, both education and general All is not well. fund, into one budget pot for the With the close of the 2014-15 Legislature to allocate. Although state fiscal year looming like a sledge both Orr and Clouse would have hammer, the Alabama Legislature probably accepted that approach as enacted a patchwork General Fund a stop-gap measure, such a move budget that included a net increase would have produced a host of long- in revenue to a few agencies (most term difficulties that would have notably Medicaid), level funding for probably been worse than this year’s some, and significant cuts to others. budget shortfall. As is usually the case, the most In addition, there was never troubling issues have begun to surface any real chance that the education only AFTER the budget was passed community would give up its and signed by Gov. Robert Bentley. position of strength that comes Any Monday-Morning- with having a separate budget and Sonny Brasfield Quarterbacking of the details that earmarked revenue. And no one, Executive Director allowed for the passage of a budget when being honest, would have is completely unfair. The significant expected any less. challenges faced by those with the So, like a couple of tired task of filling an ever-widening hole lawnmower mechanics on a hot All is in the state’s General Fund were August afternoon, Orr and Clouse doubled by the growing number of began trying to build an engine not well legislators who simply oppose any that would crank – and run for 12 revenue measures – regardless of the months – from a big stack of old, content, context or justification. discarded, rusted and unworkable Over the course of three parts. In the end, a budget was More state services legislative sessions, Senate Budget passed and signed into law. will likely be lost as Chair Arthur Orr and his House But, perhaps, the problems are colleague Steve Clouse were blocked just beginning. agencies adjust to – seemingly – at every turn. The Here’s what I mean. In the midst 2015-16 budget only significant new money injected of the final budget negotiations, into the state coffers came after a there was a last-minute “discovery” six-month-long lobbying effort that that Medicaid actually needed $16 produced the passage of a 25-cent million in additional revenue. When per pack cigarette tax increase – by a this came to light – on the last day of whopping TWO-vote margin on the the second special session – the extra House floor. $16 million was snatched from a host Somewhere in the neighborhood of other agencies producing a basket of a dozen other tax proposals were full of new troubles. shot down in the light of day, while It started with the announcement another 20 or so additional ideas were of the closure of several part-time floated in the back rooms but did not drivers’ license instruction offices garner enough support to even be in rural Alabama. The decision introduced. made by the head of Alabama’s Law Without any significant new Enforcement Agency was a direct revenue to use, the budget dilemma reaction to a $10 million cut in his 6 | COUNTY COMMISSION agency’s budget. The outcry was loud to shore up the General Fund budget For example, bills were and came from as far away as our in other areas. introduced in the special session to nation’s Capital and beyond. Work is As we march further into the require counties to pick up expenses underway to reopen the offices on a fiscal year, expect more “news” to rightfully paid today by the state, and more limited basis. unfold. to prohibit the state troopers from A handful of State Parks are also investigating automobile accidents on set to close as of the time of this county-maintained roads. Both bills From a county perspective, writing. And one can imagine the died, but the simple introduction of public response to this simple – and measures like this signals a change in the most troubling trend in small – cost-cutting measure. outlook that is troubling, at best. Our partners at the Alabama all these announcements is I don’t remember who gave Emergency Management Agency me this advice, but years ago I was that some of the cuts are – received an unexpected cut in state told that the most difficult part of funding of about 20 percent. About essentially – being passed advocating for local government is half of this reduction will be passed that counties are the end of the line. down to the local level. down to the county emergency Projects that are passed down to the management programs, which must counties – without the money to be ready to respond to the public fund them – either simply go away and pick up the pieces after the next From a county perspective, the or are rescued only by the county horrible event. most troubling trend in all these commission being forced to close At the Alabama Department of announcements is that some of the down some other program. Environmental Management, the cuts are – essentially – being passed The Legislature will return to state’s recycling fund was raided and down to the local level. And that’s work in February and another budget the resulting money is being diverted why we started this discussion by disaster will be on the horizon. away from local programs and used saying, “All is not well.” All is not well. n (cid:32)(cid:44)(cid:42)(cid:42)(cid:38)(cid:48)(cid:48)(cid:38)(cid:44)(cid:43)(cid:34)(cid:47)(cid:48) (cid:30)(cid:32)(cid:32)(cid:30)(cid:3)(cid:48)(cid:30)(cid:41)(cid:50)(cid:49)(cid:34)(cid:48)(cid:3) (cid:3)(cid:37)(cid:44)(cid:43)(cid:44)(cid:47)(cid:34)(cid:33)(cid:3) (cid:38)(cid:43)(cid:3)(cid:19)(cid:17)(cid:18)(cid:22)(cid:3)(cid:35)(cid:44)(cid:47)(cid:3)(cid:49)(cid:37)(cid:34)(cid:38)(cid:47)(cid:3)(cid:41)(cid:44)(cid:43)(cid:36)(cid:3)(cid:30)(cid:43)(cid:33)(cid:3)(cid:35)(cid:30)(cid:38)(cid:49)(cid:37)(cid:35)(cid:50)(cid:41)(cid:3) (cid:48)(cid:34)(cid:47)(cid:51)(cid:38)(cid:32)(cid:34) (cid:32)(cid:44)(cid:50)(cid:43)(cid:49)(cid:54)(cid:3)(cid:36)(cid:44)(cid:51)(cid:34)(cid:47)(cid:43)(cid:42)(cid:34)(cid:43)(cid:49) (cid:3)(cid:49)(cid:44)(cid:3) 28 Years 16 Years HON. FRED ARMSTEAD, MARENGO COUNTY HON. UNZELL KELLEY, COOSA COUNTY HON. TODD ADAMS, COOSA COUNTY 24 Years HON. ROBERT HARRIS, LOWNDES COUNTY HON. DAVID STOKES, ESCAMBIA COUNTY HON. JEFF CLARK, MORGAN COUNTY HON. LATHONIA WRIGHT, RANDOLPH COUNTY HON. THOMAS T.C. COLEY, TALLAPOOSA COUNTYY 20 Years HON. FRANK STRAUGHN, BARBOUR COUNTY HON. J.D. HESS, CALHOUN COUNTY HON. LARRY WHITE, ESCAMBIA COUNTY HON. JOHN ANDREW HARRIS, LEE COUNTY HON. ROBERT BERRY, MACON COUNTY HON. J. ALLEN BAILEY JR., WASHINGTON COUNTY HON. ROGER HAYES, WINSTON COUNTY COUNTY COMMISSION | 7 LEGAL IN TERMS In addition to the direct services this issue and attempts to address provided to county citizens as many of the issues that have created part of county government, uncertainty about when service is it is common for county officials acceptable and what, if any, issues and employees to serve on other might warrant abstention from boards and commissions within deliberation and voting. See, Ethics the community, whether created Opinion # 2015-15. Following by the commission or through an analysis of relevant sections of private means. Ala. Code § 11-3-2 the Ethics Law defining conflict specifically authorizes such service of interest and business, the Ethics for county commissioners, providing Commission holds generally that that “any member of a county officials and employees serving “may commission may be appointed to vote and participate in issues coming and may serve on public boards, before the [board] that directly commissions, and authorities within affect the public entity that employs this state unless otherwise prohibited them or on which they serve, when by law.” This section does provide the benefit is a public benefit and Mary E. Pons that only one member can serve on accrues to that public entity and, Association Counsel any particular board at one time, therefore, to the public which that although all commissioners can serve entity serves.” on different boards simultaneously. The Ethics Commission does This service is very important to caution that when a matter presents New guidance the county as a whole by ensuring an opportunity for the members that county government is well or their families or businesses to from represented in the community and benefit personally or be affected is an active participant in programs uniquely or financially, they may Alabama Ethics across the county that impact the not participate and vote on those lives of its citizens. That said, there items. This important caveat speaks have been questions raised over the to abstention on particular issues, Commission years concerning whether there is not to prohibiting any service on the or may be a conflict of interest for community board or commission. Addresses issue of county officials and employees when Ala. Code § 36-25-1(8) defines serving on these community boards. a conflict of interest as, “A conflict county officials & Frankly, past opinions issued by the on the part of a public official or employees serving Ethics Commission have been a public employee between his or little confusing and have left many her private interests and the official on other boards or uncomfortable with serving. This responsibilities inherent in an is unfortunate since persons within office of public trust.” Under this commissions county government should be a definition, a conflict involves any part of any discussions or programs action or inaction by a public official aimed at moving the county forward or employee which materially affects and providing assistance to citizens his or her financial interest or those in need. of a family member or business In an effort to clear up some of the with which the person is associated confusion about service on public in a manner different from other boards and commissions, a new members of a class to which the Ethics Opinion released on October official or employee belongs. 7, 2015, takes a fresh approach to Important in determining whether 8 | COUNTY COMMISSION a conflict exists is the definition of a those relying on governmental There will be instances where an “business with which the person is services even if some government official or employee serving on a associated”. Ala. Code § 36-25-1(1) services or entities benefit to the board has some private, personal defines business as “Any corporation, exclusion of others. interest that must be considered partnership, proprietorship, firm, The Commission rightly points – just as in considering issues that enterprise, franchise, association, out that, “The key is that the come before the county commission. organization, self-employed recipient of the benefit, however All commissioners and employees individual, or any other legal entity”, applied, is the public.” This clearly must keep careful watch for issues and under Ala. Code § 36-25-1(2), a is the reason for any member of that may present a personal conflict, person is “associated with a business” the county commission or any and when in doubt, contact the if he or she or a family member hold member of its staff to serve on a Ethics Commission for guidance more than five percent of the fair board or commission that provides or abstain. Of course, the ACCA market value of the business. some service or function for the Association Counsel is always Important to the rationale for the community. The “benefit” is not available to talk through these issues Ethics Commission’s holding in personal in nature, but for the public as well. As this opinion points out this opinion is its finding that the the official or employee serves every in its discussion of these issues, definition of “business with which a day. The Ethics Commission is service on these boards can be very person is associated” is not intended very careful to distinguish between beneficial to the community as a to prohibit participation and voting a public and personal benefit in this whole. Hopefully, the opinion also on boards which have as their opinion – and cautions persons in provides some guidance to county function assisting a governmental this situation to carefully examine officials and employees that will entity to better perform their public whether there is a personal benefit make them more comfortable in responsibilities or which exist for which would necessitate abstention. accepting such service. n Congratulations to these commissioners who completed education programs in 2015 Alabama Local Government Training Institute A Partnership of ACCA and Auburn University’s Center for Governmental Services LEVEL I LEVEL II Hon. Frances Person-Crews, Barbour County Hon. Jason Spencer Black, Limestone County Hon. Allin Whittle, Butler County Hon. Lee Patterson, Calhoun County Hon. Stanley Hill, Limestone County Hon. Laura Morrow Cobb, Cleburne County Hon. Joseph Parnell, Chilton County Hon. Mark Yarbrough, Limestone County Hon. Johnny Andrews, Conecuh County Hon. Lloyd S. Hutto, Clarke County Hon. Roger Knight, Marion County Hon. Paul Perrett, Coosa County Hon. Bill H. Taylor, Clarke County Hon. David Kelley, Marshall County Hon. Brandon Smith, Escambia County Hon. Terry W. Hendrix, Cleburne County Hon. Jessie C. Swords, Marshall County Hon. Allen Turner, Jr., Greene County Hon. Bertha Kelly, Coosa County Hon. Jerry L. Carl, Mobile County Hon. Sheila Eckman, Lee County Hon. Garry Marchman, Cullman County Hon. Andrew Hall, Montgomery County Hon. Calvin Martin, Marengo County Hon. Kerry Watson, Cullman County Hon. Bobby Bain, Pickens County Hon. Corey L. Morrow, Monroe County Hon. Joe Acker, Fayette County Hon. Charles Drew Elmore, Pickens County Hon. Randy Vest, Morgan County Hon. Bryan Hatton, Geneva County Hon. Mike Vest, Shelby County Hon. Larry Joe Roberts, Randolph County Hon. Lester “Bop” Brown, Greene County Hon. Pat Ezell, Sumter County Hon. Michael L. Williams, Greene County Hon. Archie Lee Hall, Jr., Sumter County Hon. Jay W. Calhoun, Henry County Hon. Mark D. Platt, Washington County Hon. Brandon Shoupe, Houston County Hon. Joseph Green, Wilcox County Hon. Joe Hackworth, Lauderdale County Hon. Charles Edward Lawson, Wilcox County Hon. Danny Pettus, Lauderdale County Hon. Marion McIntosh, Wilcox County COUNTY COMMISSION | 9 PROTECT YOUR REVENUE. IT DEPENDS ON YOU. Few local government contracts involve as much revenue and directly impact your budget like franchise fees. Underpaid franchise fees and Take Action to Protect Your Revenue: non-com- • Determine if franchise fees have been properly accounted for and paid pliant • Exercise the audit provisions contained practices within your franchise agreements by utili- • Get an expert on your side ties can seriously impact your local finances. Take the right steps to ensure that procedures are in place for enhanced compliance. Contact RDS Today! Yolanda Watkins-Bailey Ashley Hancock 334-272-9995 205-423-4178 [email protected] [email protected] www.revds.com DON’T LET FRANCHISE FEE REVENUE GO MISSING RDS Increase Compliance. Increase Revenue. revenue discovery systems 10 | COUNTY COMMISSION