Ray Long - ACCA

40 Pages·2015·4.34 MB·English

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
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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
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franchise
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by utili-
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the right steps to ensure that procedures
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10 | COUNTY COMMISSION