Published by the Association of County Commissions of Alabama Volume 58, Number 4 July | August 2014 Martin & Cobey Revised:Layout 1 2/20/2012 4:34 PM Page 1

Published by the Association of County Commissions of Alabama Volume 58, Number 4 July | August 2014 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 r t i n a n d c o B e y . c o M W W W . M a r t i n a n d c o B e y . c o M in this issue

volume 58, number 4

from the cover... Tax filing with One Spot working well...... 20

Alabama Tax Tribunal gets cranked up...... 22

Tax IDs: A step to business license reform...... 24

Is time right for counties to exit Alabama Trust Fund?...... 26

Laying groundwork to enforce existing taxes on internet, catalog transactions...... 29 news you can use...

Oil sands development brings concerns...... 10

Oil Sands 101...... 13

Counties put debris contracts to the test...... 16

LGHIP board transition in full swing...... 18 Legislative changes at the state and federal level always mean adjustments for counties, where every Affiliate Briefing...... 32 single stream of revenue must be monitored closely so that essential services can be provided to citizens. point of view... President’s Corner ...... 4 Looking ahead to prison reform, leadership development

The County Line...... 6 Why worry about party loyalty in primaries when price tag is real concern?

In Legal Terms...... 8 Personnel policies apply broadly

A voice from Alabama’s 67 counties...... 35 Chad Sowell, E-911 Director, Henry County President, Alabama Association of 911 Districts

COUNTY COMMISSION is published bi-monthly by the Association of County Commissions of Alabama, Inc.; P.O. who we are... Box 5040; Montgomery, AL 36103. Subscription rates are $20 2013-14 ACCA Board of Directors...... 38 per year, which is included in the dues of members. Additional copies, when available, are $2 each to non-members. Peri- odicals postage paid at Montgomery, Alabama. Postmaster: ACCA Staff...... 38 Send address changes to COUNTY COMMISSION; P.O. Box 5040; Montgomery, AL 36103. USPS 985-380

County Commission | 3 President’s Corner ust the other day, it I really just want to enjoy every happened. I realized that minute of the honor you bestowed Jsoon someone else will be on me and my county. I am the president of this organization. first commissioner from Chambers Someone else will preside over our County to ever serve as president of outstanding board of directors, and this Association. And that has been someone else will interact with the an honor for the other members of Association staff on a weekly – if not my commission as well as for me. daily – basis. I am so looking forward to our The call was innocent enough. Our convention and our focus on prison executive director wanted to discuss reform, and I am eager to be part establishing a new Policy Team on of the legislative debate in 2015. prison reform in Alabama. The Clearly I have a better perspective team, he outlined, would begin work on county government after this immediately and focus its efforts on last year, and that will help me be a preparing our organization and the stronger and more effective advocate Hon. Debbie Wood for counties. President Alabama Sheriffs’ Association for what promises to be a challenging legislative debate on reforming We’ll also focus some of our energy Alabama’s prison system. at the convention on kicking off our new leadership program, called PLAN or Practical Leadership The team would be composed of Action Network, which will develop Looking ahead county commissioners, sheriffs, leaders for our Association. This county administrators, a county project was started by former ACCA to prison reform, attorney and a county jail President Ricky Harcrow, whose administrator. The first meeting vision for enhancing the backbone leadership would coincide with the first session of our Association will pay dividends of the legislature’s Prison Reform for all our counties. development Task Force. I will be excited to see the “If you think it is appropriate,” commissioners who step up to be I want to the director said, “I will call a part of this demanding program, savor every (Mobile Commissioner) Merceria requiring a commitment of more Ludgood and ask her to make the than 18 months, beginning in minute of this appointments, because the new December and concluding in August amazing year Policy Teams are officially appointed of 2016. by the new president.” I want to thank each of you who At that moment, I realized that one took part in our Coffee at the of the most rewarding and exciting Courthouse events. It seems that years of my life in public service everyone felt the event helped was near its end. In just a few short unify county elected officials – weeks we will gather at our Annual commissioners, probate judges, Convention, and the membership sheriffs and tax officials – and will will elect a new president. My 12 enhance our ability to work together months as president will be over. in the coming years. I trust the

4 | County Commission project will continue as we ready for hard work, the many dangerous bills second loss to Florida State. It the 2015 session. that would have harmed counties was an honor to represent you that were defeated or amended. morning and to see the leadership Our legislative accomplishments position our Association holds on were many this year – including a The year has certainly passed very the national level. new act to collect county debts by quickly. It just seems like only off-setting state income tax refunds, a few days ago that I arrived in Our director and I spent some very a new governing Washington, productive time on Capitol Hill, board for our D.C., last January stressing the importance of counties local government It seems that everyone – tired and a bit and the legislative priorities on the health insurance felt the event helped unify disappointed – federal level. I was happy when program and a but so pleased to the details of the day were finally county elected officials – bill to ensure have the chance to over that evening and I could catch that ad valorem commissioners, probate represent you and a little rest before starting out on taxes throughout judges, sheriffs and tax our Association on another day of standing up for our state are officials – and will enhance the national level. counties in Alabama. collected without the need for a our ability to work together in I had flown almost Yep, I was tired that day – it’s a long technical re- the coming years. directly from the way from Pasadena to D.C. But I’m levying of the tax final BCS National not tired now. I’m not tired of being each year. Several College Football president and I’m not tired of being other ACCA Bills also became law – Championship in Pasadena, Calif., a part of this Association and its I’m looking forward to holding up a to our nation’s Capital in order to leadership team. BIG plaque that lists all the new bills join a meeting of state Association during our convention luncheon on Presidents and Executive Directors I’m not tired – even if this wonderful Thursday – and, because of all our the day following Auburn’s last- year is almost over. n

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County Commission | 5 THE COUNTY LINE

he message from Mississippi Now, this magazine isn’t the place to was loud – if not clear. The discuss political party strategy, and Treal question is what Alabama this Association isn’t likely to take county officials decide to do with it. a position on party matters. We’ve always worked hard to navigate as far When Thad Cochran held onto one as possible from those kind of no-win of Mississippi’s U.S. Senate seats a situations. But there’s another issue few weeks ago by courting voters with party primaries – one grounded who traditionally run from, rather in dollars and cents – that must raise than participate in, the Republican its head if changes in Alabama’s party Party runoff election, commentators primary process are considered. throughout the country took notice. Even here in Alabama, where we have Every other year Alabama holds traditionally said “Thank Goodness a political party primary with the for Mississippi” whenever anyone has winners facing each other in the criticized us, everyone had an opinion. November general election. Usually Sonny Brasfield this “party” event is in June with a Executive Director The fall-out from the Mississippi vote run-off in July. The 2012 primary was was whether one candidate could in March, and the jury is still out on – or should – be allowed to gain an the scheduling of the 2016 primary. advantage by trying to turn the party But it isn’t the timing, but the price primary into something more like tag, of the “party” primaries that Why worry about a general election where everyone is has been just below the surface for free to vote for whomever they see fit. decades. party loyalty In Mississippi everyone agreed that the election was influenced, perhaps Every candidate who seeks in primaries even decided, by tactics aimed at nomination by a major political attracting voters into the Republican party must pay a party “qualifying” when price tag primary who might be seen as “non- fee. If you don’t pay the fee, except Republican.” for hardship cases, you aren’t on the ballot. What the parties do with these is real concern? Such tactics certainly aren’t anything fees seems to be the parties’ business. new here in Alabama. But now the spotlight on this issue is hotter than But the cost of the election -- paying Mississippi runoff any time since Bill Baxley and Charlie newspapers to publish the list of for U.S. Senate Graddick fought over the same voters, paying the probate judge a battleground back in 1986. nickel for each name on a list that’s sparking new look at really printed from the state’s website, party primaries The “cross-over” voting in the paying the circuit clerk to “serve” as Cochran race will almost certainly the absentee election manager, testing result in party primary reform being and operating election equipment, front and center next year in the mailing post cards to voters, training Alabama Legislature. There will likely and compensating election workers, be calls for political party registration, counting votes, reporting results and closed party primaries, closed party evaluating provisional ballots a week run-offs and perhaps even other later – is paid by the taxpayers of changes. Alabama.

6 | County Commission The parties that charge candidates a elections in Alabama. I know every effort at reducing costs cleared the fee to be on the ballot of the taxpayer- county commissioner – be he or she a House but hardly got a sniff in the funded primaries do not pay one Democrat, Republican, Independent Senate. penny toward the expense of that or from some other party – would primary process. welcome a real review of the rising, Perhaps the Mississippi experience and sometimes indefensible, election will finally give rise to a real evaluation Generally speaking, election costs costs paid by the local citizens. of both the cost of elections as well are split between the county and the as whether it makes sense for the state. Whether the final invoice is This Association tried to raise some of counties and the state to shoulder the paid by the state or the counties, the the outlandish election expenditures entire cost of what are clearly “party” cost of running the “party” primaries in each of the last two legislative primary elections. Such discussions are is much more substantial than most sessions with only very limited success. certainly long overdue. voters recognize and presents a The parties that charge State Sen. Paul The bottom line is this Association financial burden on Sanford and doesn’t now have a policy on this most counties as candidates a fee to be on the Rep. Howard interplay between the parties and the well as the State of ballot of the taxpayer-funded Sanderford have costs of elections. But one thing’s for Alabama. been champions sure, political observers and party primaries do not pay one for reform, officials aren’t the only ones pondering The central penny toward the expense of laboring against the outcomes of what happened in question – the the odds in most Mississippi. that primary process. dollars and cents years. In 2013 a one we mentioned reform bill was In the next few months, county earlier – is whether it is time to hardly given any attention by the officials have plenty to think about analyze the costs of party primary Legislature, and in 2014 a modest too. n

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County Commission | 7 in LEGAL terms

here have been several general held that, absent local calls lately asking whether legislation to the contrary, the elected Temployees working in officials should follow the county offices administered by county personnel manual in advertising for, elected officials are subject to the hiring, and disciplining employees in county’s personnel policies. I their offices. thought the answer was pretty simple and straightforward. Employees This conclusion is reached in part working in a county office are due to the fact that the county county employees and are subject commission pays the salary of to the county’s personnel policies. these employees (see, e.g., AG’s Apparently, however, there is Opinion # 2006-039) and that confusion on this clear legal principle. the county commission has the inherent authority to establish This principle is clear to the personnel policies for employees of attorney general’s office, which has the county (see, e.g., AG’s Opinion Mary E. Pons consistently held that, absent special # 98-165). There are exceptions, Association Counsel circumstances such as a local law but each exception is based upon exempting certain personnel from unique and special circumstances. county’s policies, employees working Deputies and jailers are considered for the county and paid by the county employees of the sheriff who is a commission are county employees state constitutional officer because Personnel and are governed by the county these employees act as an “arm personnel rules regardless of the office of the sheriff.” And in those few policies in which they work. See, e.g., AG’s remaining counties where the probate Opinion ## 2006-039, 2001-217, judge operates on a fee system, the apply broadly and 98-165. In fact, in AG’s Opinion employees are generally paid out of # 2001-217, the attorney general’s the fees paid directly to the probate office took a comprehensive look at judge. Thus, their salary is not paid Many employees the relationship between the county by the county commission, and the commission and employees working county commission is not responsible of other elected in offices overseen by other county for providing benefits such as health elected officials and found that, insurance, workers’ compensation or county officials except for a few special circumstances unemployment compensation. See, subject set by local law, employees working e.g., Corley v. State Department of for the probate judge, revenue Industrial Relations, 655 So. 2d 1041 to county commissioner and sheriff were county (Ala.Civ.App. 1995). commission rules employees and were subject to the Autauga County personnel manual. The fact that employees working in The attorney general recognized that county offices are governed by county the other elected officials certainly personnel policies does not mean and play a role in hiring, firing and is not intended to mean that these disciplining the employees in their elected officials cannot operate their offices – and stated that the county offices as they see fit. Clearly, they commission and elected officials set the duties for the employees and should work together to hire these are responsible for their evaluations, personnel. However, the attorney discipline and, if necessary,

8 | County Commission termination. But this supervision for how these benefits apply. The be rules that everyone lives by and, and oversight must be handled county commission is responsible for since the county commission is the within the rules and procedures ensuring the Fair Labor Standards “employing entity” and ultimately established by the county’s policies Act is legally applied and that all responsible for ensuring compliance – for the protection of the county, necessary employment forms (W-2s with all state and federal laws, the the officeholders and the employee. and the like) are properly completed county commission is responsible for There are federal laws mandating and retained in personnel files. If establishing the policies that govern certain protections be granted to employment within the county. employees for things such as family However, the attorney general medical leave, military leave and held that, absent local County government is a complicated COBRA. And these procedures are animal. I learned that my first day legislation to the contrary, the covered under the county’s policies. at the Association. The relationships There are procedures in place elected officials should follow among the different “branches” of designed to protect the county (and the county personnel manual county government are complicated the officeholders) against liability for in advertising for, hiring, and as well. Each branch plays an wrongful termination. And there disciplining employees in important, independent role in are policies in place that provide their offices. providing services and protections to the employees with benefits such as the citizens in the county. But each annual and sick leave, retirement, these policies and procedures are branch must work together with the health insurance and holidays. not followed in all departments and others – as county government – to Alabama law assigns the authority offices which fall under the umbrella be successful. One way in which and responsibility for providing these of county government, all in county this happens is through county benefits to the county commission, so government are vulnerable to an employees working for each branch the county commission is responsible untold number of lawsuits, fines and being provided the same benefits and for setting the rules and procedures audit findings. In short, there must subject to the same set of rules. n

County Commission | 9 News You Can Use

Oil sands development brings concerns

nyone in northwest Ala- More than 300 people attended a and the Alabama Department of bama can tell you that community meeting in Tuscumbia Environmental Management. Athere’s been quite a buzz in late June to learn more about this lately about something called “oil resource and what it could mean “First and foremost, we have a con- sands.” when private industry begins cern about the health and welfare of speed extracting it. One the people of this county,” said Col- In this case, the term energy company has bert County Commissioner Roger refers to long-known read bought significant Creekmore. “We want to know what sandstone deposits acreage, and others could happen before it does hap- in north Alabama » An energy company are involved to vari- pen.” that contain a form has bought land in north ous degrees. of petroleum. This Alabama for access to a The second concern is impact on the sandstone lies beneath rock formation containing It is a multi-faceted county road system. “You’re talking large portions of 12 a form of petroleum. issue, and the Colbert about hundreds of thousands of tons counties while reach- » County officials are County Commis- of stone, primarily traveling on rural ing into an even larger concerned about how sion by unanimous county roads that were not built for area. Interest from mining would affect citizen resolution asked that kind of traffic,” he said. “We energy companies has health, the environment Gov. Robert Bentley feel like there could be significant picked up recently, es- and rural roads. for assistance. With damage.” pecially since there’s a » State regulators are the governor’s help, significant area where researching the issues the State Oil & Gas The road issue leads into the third the sandstone breaks before rules are set for Board of Alabama major concern: money. “We worry through the surface how the industry could stepped in, with addi- about where we could get the rev- of the ground, which operate. tional expertise com- enue to repair those roads,” Creek- makes extraction ing from the Geologi- more said. easier and cheaper. cal Survey of Alabama One of the big unknowns at this point is what would happen to the sandstone after it is mined. The sandstone has to be processed to extract the petroleum, which then needs further processing to become usable. There have been no indica- tions yet about where those processing phases would be done, whether locally or elsewhere. And once mining ceases, reclamation will be critical to the community as well.

At the moment, work is underway by subject-matter experts at three state agencies with regulatory au- State Sen. Roger Bedford, left, joined Colbert County Commissioners Roger Creekmore and thority or specific knowledge of the David Black as well as Colbert County Engineer John Bedford for a recent public meeting site and issues. that drew more than 300 officials and citizens from several counties.

10 | County Commission News You Can Use

It is too early to know if legislation John Hamm, ACCA’s director of zations to establish the Alabama Oil will be needed in 2015 to deal with member services. Sands Educational Team: Geological this emerging industry, but several Survey of Alabama, State Oil and Gas counties are keeping a very close eye Early on, Creekmore asked the Board, ACCA and ADEM. on the situation. “It could be a finan- Alabama Cooperative Extension cial disaster for this county,” Creek- System to help provide assistance and “The Alabama Cooperative Extension more said, “and System will be for Franklin and working closely with Lawrence counties these state agencies too.” to assist in planning and hosting public Because of the meetings to educate potential for and inform the significant county citizens of Alabama impact, the Asso- about the progress ciation of County of the rules and Commissions of regulations of this new An informational community meeting in June organized by the Alabama Oil Sands Alabama has got- Educational Team drew more than 300 people to Tuscumbia. industry,” said Danny ten involved too. McWilliams, Colbert “At this point, ACCA is basically in unbiased information. Extension has County extension coordinator. “This a support role to make sure that the written several short publications and partnership will be most beneficial to counties’ interests are protected,” said partnered with the following organi- all Alabamians.” n

The Alabama Association of Emergency Managers salutes the 2014 award recipients! AAEM is an affiliate of the Association of County Commissions of Alabama.

Ricky Little, AEMA Trenton Agee Gadsden/Etowah County EMA Pat Neuhauser Spirit of Alfred T. Moore Memorial Volunteer of the Year Mitigation Program of the Year Emergency Management Award (Large County) Jackson County EMA Kelly Allen, Cullman County Mitigation Program of the Year (Medium County) President’s Award

County Commission | 11 12 | County Commission News You Can Use

Oil Sands 101 By Danny B. McWilliams, Jr. Colbert County Extension Coordinator | Alabama Cooperative Extension System

il sands, generally speaking, sands resources that will build on pre- are rocks that contain bitu- vious GSA work to more accurately Omen. Primarily, these rocks determine the characteristics of these are sandstone, although limestone can resources, where the richer deposits also be impregnated with bitumen. occur, quantitative estimates of these Bitumen, also termed “asphalt” or resources and the potential for recov- “asphaltum,” is a sticky, black, highly ery and extraction of these resources. viscous liquid or semiliquid form of petroleum. Bitumen is soluble organic The Hartselle Sandstone, the foremost ing energy resources, particularly oil matter and is the lowest grade of candidate for oil sands development, sands. Governor Bentley followed this crude oil, meaning that density and is found throughout a 70-mile-long, with the establishment of the Alabama viscosity are increased compared to approximately east-west belt across Oil Sands Program (AOSP) in early conventional crude oil. It is too thick northern Alabama. The outcrop belt 2014. to flow or be pumped without being (surface exposures) is generally less heated, diluted or otherwise thinned. than 5 miles wide, north to south. GSA’s Bulletin 111 estimated that (Note that when “asphalt” is used in South of the surface exposures, Alabama’s surface and subsurface relation to oil sands, it is not the same bituminous Hartselle Sandstone dips oil sands deposits contain up to 7.5 as the paving material “asphalt to the south into the subsurface billion barrels of hydrocarbon and concrete,” which is speed and underlies other that up to 350 million barrels of this often abbreviated to rock units at increasing resource are within 50 feet of the just “asphalt.”) read depths. surface. As no scientifically significant » Oil sands are rocks study of the resource in Alabama has The largest oil sands containing a form of Alabama has the third been conducted since this report, the resource in Alabama petroleum. largest oil sands re- AOSP is key to the prudent develop- is within the Hartselle source in the United ment of this resource. Sandstone and has » Energy companies States. With the been known and have recently taken steps exception of small- The State Oil and Gas Board of Ala- studied since at toward extracting oil sands scale surface mining bama (OGB) has been given regula- least the 1890s. The from the Hartselle Sand- for paving material, tory authority over extraction of oil most recent publicly stone, a large geologic development of oil from these sands. The staff of OGB is available, systematic formation of oil sands in sands in Alabama has in the process of developing draft rules scientific assessment north Alabama. never gone beyond the for oil sands surface mining operations of Alabama’s oil sands » The State Oil and Gas stage of leasing mineral that will be presented to board mem- was the Geological Board and Alabama De- rights and a few test bers over the coming months. Stake- Survey of Alabama partment of Environmental wells, as companies and holders, including the public, will be (GSA) Bulletin 111 Management have regu- investors have displayed consulted throughout the process. It is by Gary V. Wilson in latory authority over the more of a “wait and anticipated that these rules and regula- 1987. This publica- industry. see” attitude. In July tions will address the requirements tion is available from 2013, Governors Rob- for the operational plans, the opera- the GSA website. ert Bentley of Alabama tional phase of oil sands mining and and Phil Bryant of Mississippi signed bitumen extraction, and the ultimate The GSA will be conducting a com- a memorandum of understanding to abandonment of operations and site prehensive assessment of Alabama’s oil coordinate efforts in exploring emerg- reclamation and restoration.

County Commission | 13 News You Can Use

Beyond the OGB requirements, other Oil Sands Resource in Alabama permits may be needed. The Alabama Department of Environmental Man- agement (ADEM) issues environmental permits for a wide range of activities, including discharge of wastewater or storm-water from municipal, mining, and industrial activities, and disposal of materials that are classified as solid and hazardous wastes. The environmental permits issued by ADEM are required by law to be protective of water quality standards and air quality standards, which, in turn, are designed to be protective of human health and the environment.

The processes for adopting rules and for issuing permits once rules are developed will allow the public an ample opportunity to comment and be heard. n

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County Commission | 15 News You Can Use

Counties put debris contracts to the test

he storms of April 28, 2014, Friday, and the commission voted on first 30 days. The debris contractors were bad enough that “Today” it on Monday,” he said. “It’s worked finished work in the county July 11, Tshow meteorologist Al Roker real well.” well within the window for 80 broadcast live standing in front of a percent reimbursement. wrecked church in north Alabama the The tab for cleanup speed next day. and monitoring in 30 read The activations in square miles of rural these three counties Counties were left with significant southwest Limestone » Blount, Lee and mark the first real test damage – and tons of debris. Plus the County is over $1 Limestone counties are of a process that began clock was ticking, because Federal million for removing using pre-event debris at least two years ago. Emergency Management Agency re- more than 100,000 services contracts let imbursement rates decline with time. cubic yards of veg- by the County Joint Bid Counties have used etative debris, a little Program. ACCA’s joint bid pro- So Blount, Lee and Limestone coun- more than 2,000 tons gram for years to get » Pre-event contracts ties turned to the regional pre-event of construction and good buys on heavy for debris removal and debris contracts available through the demolition debris, plus equipment, road signs debris removal monitoring County Joint Bid Program. stumps, leaning trees and herbicides. It was are available for all 67 and damaged limbs. an expansion of that counties. “The speed and being able to act idea -- that counties quickly is going to benefit us in the FEMA reimburse- » Municipalities can use can get better prices long term,” said Blount County Pro- ment rates are 85 these contracts through and save everyone bate Judge Chris Green. percent in the first 30 agreement with the county. time by working days after an event, together – that led to Quick activation was the determining 80 percent in the next 60 days, and taking a look at debris. factor for Limestone County too, said 75 percent between 90 and 180 days. County Engineer Richard Sanders. Sanders estimated that Limestone got Now all counties have access to pre- “We got the (FEMA) declaration on about half of the cleanup done in the event contracts for debris removal and monitoring of debris removal, with different vendors operating in different regions. Monitoring is required for FEMA reimbursement.

“From information I’ve received from the three counties and from visit- ing the three counties, it seems to be going relatively smooth,” said John Hamm, ACCA director of member services. “We’ve had good feedback from the companies, and we’ve had excellent feedback from state EMA and FEMA.”

FEMA is considering using the Homes hugging the shore of Highland Lake sustained significant damage during the storms ACCA model in other states, Hamm of April 28, 2014. said.

16 | County Commission News You Can Use

CrowderGulf is handling removal county is using its own vendor for the county. That’s how a municipal- in Limestone and Blount counties, monitoring. ity in Commissioner Dean Calvert’s whereLeidos, formerly SAIC, is district went about lining up some- responsible for monitoring. In Lee One feature is the ability for munici- one to remove debris. The tiny town County, D & J Enterprises has palities to use them as well through a of Highland Lake in southeastern the contract for removal, and the memorandum of understanding with Blount County surrounds its name- sake body of water, and the spring storms left debris on land and in the water.

The latest estimates indicate that contractors will remove 80,000 to 90,000 cubic yards in Blount County, and most of that is being ground into mulch.

Additional information about the Joint Bid Debris Services contracts is Employees from CrowderGulf work from a barge to clear storm debris in and around available online at www.alabamacoun- Highland Lake in Blount County, where the county and municipality activated pre-event debris ties.org/joint-bid-program/debris/. n services contracts available through the ACCA County Joint Bid Program.

The Association of County Engineers of Alabama salutes the 2014 award winners! Houston County Road & Bridge Department John F. Courson Excellence in County Engineering Award

Benjie Sanders, Crenshaw County County Engineer of the Year

ACEA is an affiliate of the Association of County Engineers of Alabama.

County Commission | 17 News You Can Use

LGHIP board transition in full swing

he Alabama State Employees’ change, the typical county employees pointees – Crenshaw County Com- Insurance Board is making in the insurance program will see no missioner Charlie Sankey Jr. and Lee Tsteady progress on implemen- difference on a day-to-day basis, Bras- County Administrator Roger Rendle- tation of Act 2014-401, a new law field said, when they go to a doctor’s man -- have served on the advisory establishing a new governing board appointment or get a prescription board. The third appointment went for the Local Government Health filled. to Madison County Commissioner Insurance Program. Phil Riddick. There are more than 500 local gov- The transition will mean additional ernment units in the Local Govern- An election is underway for another independence for the health insur- ment Health Insurance Program, board seat reserved for a county or ance program that most counties but these units – whether Madison city employee. The remaining seats offer their employees, and that inde- County with more than 3,000 are as follows: one representative of pendence goes hand-in-hand with subscribers or a rural water authority participating units that are not coun- increased responsibility. When the with a single subscriber – have had ties or cities, one retiree and three new nine-member board’s authority no representation on the decision- municipal representatives appointed becomes effective Jan. 1, it will mark the first time in the program’s 25-year Timeline history that participants will be in the driver’s seat. April 9, 2014 Gov. Robert Bentley “The State Employees’ Insurance signed Act 2014-401 Board and staff members have done into law an excellent job with this once-small Sept. 1, 2014 program that now provides coverage Deadline for LGHIP board to 50,000 subscribers from counties, members to be selected cities and other local government en- tities,” said Sonny Brasfield, executive Oct. 1, 2014 director of the Association of County Deadline for LGHIP’s Commissions of Alabama. “Local board organizational governments have always paid the full meeting cost for the program, and we applaud Jan. 1, 2015 the Alabama Legislature for recog- Control transfers to nizing that, in this rapidly changing the LGHIP board healthcare environment, the time was right for local governments to take even greater responsibility.” making board. The SEIB is entirely by the League of Municipalities. composed of state employees and The legislation, sponsored by Rep. state program participants. Under the new law, day-to-day Mac McCutcheon and Sen. Arthur management and administration Orr, was a priority bill for ACCA in The SEIB has worked closely with of the program will initially remain the 2014 Regular Session, and it ad- an advisory board of local govern- with the SEIB staff, who have always vanced with strong advocacy support ment representatives in recent years. provided these services for a fee. The from county officials and employees. ACCA’s Board of Directors made new board would have the option three appointments to the new board to change that arrangement in the Despite the importance of this at its June meeting. Two of those ap- future. n

18 | County Commission WILMER & LEE A Professional Association

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Our attorneys have been advising County Commissions for over thirty-five years on all matters including competitive bid issues, public works issues, open meetings issues, employment matters, zoning matters, and representing commissions in litigation in both state and federal court.

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No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

County Commission | 19 From the Cover

Tax filing with ONE SPOT working well little more than two years ago, the Alabama resolved in the beginning, said William “Butch” Burbage, Legislature passed a new law requiring an online finance manager in Shelby County and a longtime leader Asystem that businesses could use to pay sales, use in the County Revenue Officers Association of Alabama. and rental taxes owed to both state and local governments. “We continued to work and continued to talk to the Department of Revenue, and today The intent was to streamline the process we’re not seeing many problems,” said for business taxpayers, who had to make Burbage. “By and large, ONE SPOT is separate filings in every jurisdiction working.” where they operated – state, municipal and county. He is definitely in a position to know, not only because of the Shelby County The legislation specified that businesses dollars moving through ONE SPOT, but can choose to use the system, known as also because he is chairman of the State ONE SPOT, but it was mandatory for and Local Advisory Committee that has the Alabama Department of Revenue to get worked on implementation from the very the whole thing up and running by October beginning. Burbage said the committee had “significant 2013. Legislators may have joked about input and influence” on ONE SPOT’s development and discovering this new thing called the internet, but county implementation, and he appreciated the way the state ap- staff members knew this change would be a big transition. proached it as a partnership.

Fast forward to the summer of speed 2014, and you find that ONE SPOT generally read runs smoothly for both Public Finance, Tax Incentives and Credit Markets Group » ONE SPOT in an online counties and the state, SALUTES THE ASSOCIATION OF system where businesses and both sides say this COUNTY COMMISSIONS OF ALABAMA can choose to pay certain was achieved because of state and local taxes. the spirit of cooperation Public Finance Legal from all involved. Services to State and PUBLIC FINANCE, Local Governments TAX INCENTIVES AND » It has been fully CREDIT MARKETS • Governmental Services GROUP operational since October “ONE SPOT has made • Industrial Development for accepting sales, use • Economic Development Incentives a monumental improve- • Structured and Pool Financings and rental taxes. ment in the remittance • Rate Swaps and Derivatives • Arbitrage Rebate » The Alabama Department process made monthly by • Utilities of Revenue and counties all retailers collecting city, • Privatization • Infrastructure have worked together on county and state sales tax. • Education Austin Averitt • Housing implementation. The feedback from those Alston Ray that choose to use it has ONE FEDERAL PLACE David Kinman Suite 1000, 1819 Fifth Ave been very positive,” said North, Birmingham, AL 35203 Alabama Revenue Commissioner Julie Magee. “We are Tel: 205.297.2200 Fax: 205.297.2201 processing close to 300,000 returns each month, so the program has been broadly adopted by retailers.” butlersnow.com LAW ELEVATED In compliance with Alabama State Bar requirements, no representation is made that the quality of the legal services to be performed is greater than the quality of legal As with any new process, a number of glitches had to be services performed by other lawyers

20 | County Commission

BS-056 ACCA Ad-01_3.7X4.9.indd 1 4/4/2014 4:40:42 PM From the Cover

That advisory committee – with representatives of so everyone is fully aware. This collaboration has been county government, city government and the business absent for a long time, but it is the bedrock of the ONE community – is just part of the remarkable degree of SPOT program today and in the future as we work to teamwork between the Alabama Department of Revenue make it easier to do business in Alabama.” and local governments on this project. A county priority from the very beginning was making During the development phase of the project, there were sure that the funds collected through the system were numerous meetings between the advisory committee distributed in a timely fashion, since dollars that had and Department of Revenue representatives to discuss once been received directly by the county were now various aspects of the system. After ONE SPOT went being paid instead to a state-run website. One of the live October 1, 2013, there have been weekly conference first proposals agreed upon by all parties was that each calls so the state can help counties and cities trouble- county and city would provide a link to their individual shoot issues as they arise. The state has also awarded bank account for processing. nearly $700,000 to local revenue offices to help with implementation. When a business posts a transaction, “the payment comes directly to the cities and counties,” Burbage said. “The most important piece of this program, in my “It is an instantaneous thing now with no delay for the opinion, has been the collaboration of state and local county or city. It is working really well.” government officials on how the back end of the process will work,” Magee said. “At every step of the planning Additional information is available online at www.rev- phase, dialogue took place, and continues to take place enue.alabama.gov/salestax/one_spot.cfm. n

County Commission | 21 From the Cover

Alabama Tax Tribunal gets cranked up fficials and staff leaders need to be thinking law set up a stand-alone tribunal of administrative law about whether the Alabama Tax Tribunal is a judges to hear these appeals. Ogood fit for their county since the new state agency for handling tax appeals is set to start operating ACCA had significant input into the new law, which this fall. also made county-friendly changes to the Taxpayer Bill of Rights. A chief judge for the tribunal has already been The business Our goal is to ensure that all appointed, and the rest of the law will go into effect community had hearings involving the state Oct. 1. The tribunal will consider appeals on all assess- long sought an ments except property taxes. appeals process and any county or municipal- for tax assess- ity will be conducted in an Appeals of state assessments will automatically be ments that was handled by the tribunal, but appeals of local assessments not under the open and fair manner are different. umbrella of Chief Judge Bill Thompson of the Alabama the Alabama Tax Tribunal. For counties that use the Alabama Department of Rev- Department of enue for collection, appeals will go through the tribu- Revenue, citing concerns about impartiality. These ap- nal. But counties that self-collect – whether in-house peals have traditionally been handled by an administra- or through a contract with an outside company – have tive law judge working for the department, and a 2014 flexibility.

22 | County Commission Questions or concerns about the new ? Alabama Tax Tribunal? Call the new agency at 334 954 7195 or send email to [email protected] or, after October 1, [email protected].

These counties use the tribunal by default, but they can opt out by resolution and create their own appeals process that is substantially similar to the tribunal. Any county choosing to opt out can revert to using the tribunal during the next calendar year.

At the moment, the tribunal is drafting rules for operations. “Our goal is to ensure that all hearings involving the state and any county or municipality will be conducted in an open and fair manner,” said Chief Judge Bill Thompson of the Alabama Tax Tribunal. n

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County Commission | 23 From the Cover

Tax IDs: A Step to business license reform eaders in the Alabama Leg- reached, in part, because of the inabil- with legislative leaders and business islature still have their ity to predict the revenue impact of groups in whatever way necessary to Lsights on overhauling different options. finally accomplish meaningful reform Alabama’s system of busi- in this process – as long as it does not ness licenses, which can ACCA has been negatively affect county revenues.” require retailers to buy involved in multiple licenses at negotiations on The vast majority of business licenses varying rates depend- several attempted are purchased in October, so substan- ing on what merchan- reforms over the tial information should be available dise they want to sell. last two decades. in time to be factored into discussions For starters, there’s a OPEN before and during the session next separate license for cal- year. With 2014 being an election year culators, and another for the governor and legislators, the one for playing cards. Business License 2015 session begins in March, which Taxpayer Identification is later than normal. The overhaul inched forward during the 2014 session with the passage of What is changing starting The 2014 law also incorporated a Act 2014-430, which requires busi- October 1? requirement that counties submit ness license applicants to provide an 1. Applicants for a new or renewal business license information to the ID number. The change is intended to business license must provide state in an electronic format. Most help inform negotiations on reforms, an identification number – either counties were already doing this, and because up until now, it was only a federal employer identification the department sent detailed informa- known how many of each license was number (FEIN) or Social Security tion to the 16 affected counties in sold and at what price. It was impos- number. early June. sible to know how many individual 2. All counties must submit their businesses were licensed. business license information to Collecting and reporting the ID the state electronically. numbers is not expected to be a big “The passage of Act 2014-430 was adjustment, since forms with a place a significant first step towards busi- Why the changes? to enter the ID number were already ness licensing reform in the state of The ID numbers will allow better data widely used. Businesses were not Alabama,” said Boone Kinard, policy analysis of the existing business legally bound to include that informa- analyst for Alabama House Speaker license system in Alabama so the tion, so its availability was uneven. Mike Hubbard. “It was a lengthy and impact of reforms to be considered in the Alabama Legislature next thorough process to get to this point, However, because of privacy issues, year can be predicted with more and I believe we have set solid ground- accuracy. the state is changing the submission work for further discussions about process to improve security. Counties business licensing reforms moving will be notified by the state when the forward.” new method is up and running. “This is a critically important issue for Before and during the 2014 ses- counties, both because of the license County officials or employees with sion, Hubbard’s staff pulled together revenue as well as the information questions about implementation of representatives from ACCA, the that can be used to improve enforce- 2014 changes to business licenses Alabama Department of Revenue and ment of other local levies,” said Mary should call the Severance & License three business groups for a series of Pons, Association counsel for ACCA. Section of the Alabama Department meetings, but no consensus could be “ACCA staff will continue to work of Revenue at 334-353-7827. n

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County Commission | 25 From the Cover

Is time right for counties to exit Alabama Trust Fund?

ast year, the members of the set up to insulate counties and cities Association of County Com- from lost earnings. Lmissions of Alabama adopted a policy statement on the Alabama Now every April, counties and cities Trust Fund, saying that ultimately the both get their 10 percent share of the best way to protect local government Alabama Trust Fund’s earnings. They revenues is to separate from the fund also get the annual earnings from the altogether. County and Municipal Govern- speed ment Trust Fund, split Legislation authorizing read 50-50 between coun- a statewide constitu- ties and cities. state will stop attempts to use some of tional amendment » Counties get 10 percent the nearly $3 billion in the Alabama would have to be of the annual earnings The weakness to that Trust Fund. And, a constitutional passed, and the refer- from the Alabama Trust approach is that every amendment on the ballot later this endum would need Fund every year for capital time the state wants year would spend significant principal broad support from projects. to use part of the dollars without any offset to protect throughout the state. Alabama Trust Fund local governments. » When the state spends for a special project, But first, here’s a principal from the Alabama local governments That is the landscape that led ACCA’s little background. The Trust Fund, earnings are must fight to make members to take this position: Alabama Trust Fund is reduced forever. sure an appropriate The Association believes the distributions a savings account for » ACCA has a policy amount is set aside in to counties and cities can, ultimately, the state and its city supporting moving the the County and Mu- only be protected from future expen- and county govern- local government share nicipal Government ditures by enacting a constitutional ments. The fund is fed of the Alabama Trust Fund Trust Fund to protect amendment which shifts 20 percent of by the state’s leases and and its future income into against lost earnings the corpus of the fund and 20 percent of royalty payments from a separate fund. stretching into the all future oil lease and royalty payments oil extracted from the future. into the County and Municipal Gov- Gulf of Mexico. Ever ernment Trust Fund. The separation since trust fund earnings have been With the state battling tight budgets, of the existing and future revenue into Alabama Guardrail 08 ad.qxp 4/3/2008 8:41 AM Page 1 distributed, counties have gotten a there is no reason to believe that the two distinct trust funds would protect total of 10 percent of the annual earnings and cities have gotten the same amount. Dollars must be spent on capital projects.

The year 2000 marked the first time that Alabama voters authorized the state to spend some of the trust CATHERINE HUFF fund’s corpus, or principal, on special President projects. At that time, a separate trust P.O. Box 728 • Pinson, AL 35126 fund, the Alabama County and Mu- Phone: (205) 681-3395 x103 • Fax: (205) 681-5747 • Email: [email protected] nicipal Government Trust Fund, was Specializing in the installation of highway guardrails, signs and fencing.

26 | County Commission From the Cover local revenues while enabling the State of Alabama to utilize the state-portion of the Alabama Trust Fund as allowed by Vote “no” in other referendums. November Looking ahead, county officials and ACCA must decide when it is the When Alabama voters go to the polls in November, they will right time to move forward on split- find a constitutional amendment that would have a negative ting off from the Alabama Trust Fund. financial impact on all 67 counties.

“The dollars that counties receive from On the surface, the amendment might sound positive. It would these two trust funds are critically authorize the state to borrow $50 million for plans, construction important, and we must do whatever and maintenance at Alabama National Guard armories. it takes to protect the long-term future of this revenue,” said Sonny Brasfield, But borrowed money would be repaid with funds – estimates ACCA executive director, noting that run as high as $74 million – that would otherwise go into the this issue was discussed at the Asso- Alabama Trust Fund, which sends 10 percent of its annual earnings to cities and counties every year. ciation of County Administrators of Alabama’s conference in May and that Alabama counties took a stand against this proposed it would again receive significant con- amendment in 2013, with this policy statement adopted by the sideration by ACCA’s Policy Teams, full ACCA membership last December: Legislative Committee and Board of Directors as the legislative program is Referendum on Diversion of Alabama Trust Fund Revenue prepared. n The Association recommends a “no” vote on the constitutional amendment proposed by Act 2013-266, which would increase bonding authority paid from principal in the Alabama Trust Fund by $50 million resulting in the diversion of up to $74 million in Alabama Oil and Gas Capital Payments otherwise required to be deposited into the Alabama Trust Fund. Although the proposed amendment authorizes the expenditure of such revenue for the payment of bonds for capital improvements to Alabama National Guard armories, the Association believes the further withdrawal of any principal or the diversion of any future income violates the intent of the trust and damages the financial stability of county governments that depend on the annual trust income.

County Commission | 27 Ordering can’t really get much easier.

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28 | County Commission

58089-2GP.indd 1 2/4/14 5:05 PM From the Cover

Laying groundwork to enforce existing taxes on internet, catalog transactions

nterest has stirred again in the Ala- bama Legislature for finding a way Ito collect sales tax on more internet transactions, and so a committee of government and business representatives is re-engaging on the issue.

At present, online and catalog retailers – known as “remote sellers” – only collect and remit sales taxes if they have a physical presence in the state. This means that when a Montgom- ery resident buys a 99 cent app for an iPhone, the combined 10 cents of state and local taxes is collected at the time of purchase – and ultimately remitted. This happens all because there’s an Apple Store in Birmingham. Use Tax Commission to identify what Marketplace Fairness Act. It passed would need to be done if Congress au- the U.S. Senate last year in a rare show Looking forward, as thorized applying existing taxes to all of bipartisan support, which including internet sales by passing the Stream- the backing of Alabama’s U.S. Sens. the federal legislation lined Sales and Use Tax Agreement or Richard Shelby and Jeff Sessions. The surrounding internet sales tax something similar. At the time, that proposal awaits action in the U.S. agreement was the most likely way House of Representatives. gains traction, Alabama will state and local governments would be be very well poised to collect able to tax more of these transactions. The Alabama Streamlined Sales and that tax through the ONE Use Tax Commission had never dis- The 10-member commission, chaired banded, and the law creating the com- SPOT application too by Houston County Commission mission was broad enough to allow Alabama Revenue Commissioner Chairman Mark Culver, worked the panel to consider the Marketplace Julie Magee throughout 2011 and into 2012 de- Fairness Act, since the core issue is the veloping recommendations. The panel same. But if the same Montgomery resident included representation from county buys a $10 book from Amazon.com, government, municipal government, “Our group worked together very the seller collects no sales tax. The the Alabama Department of Revenue well, with good communication and buyer is technically supposed to pay and the business community. participation from all the groups tax on remote sales in conjunction represented,” Culver said. “I am glad with her state income tax return, but In the intervening years, progress of that we can help Alabama prepare compliance is rare. the Streamlined Sales and Use Tax for potential implementation of the Agreement has stalled, and advocates Marketplace Fairness Act, which Back in 2011, the legislators created have put much of their energies be- could provide needed revenue to all the Alabama Streamlined Sales and hind another approach, known as the 67 counties.”

County Commission | 29 From the Cover

The commission met in early July Association, have advocated strongly SPOT application too, so we are and charged the Alabama Depart- for “e-fairness,” their term for erasing very much better off than most ment of Revenue with researching the competitive advantage of online states.”ONE SPOT is an online and preparing draft legislation for retailers who do not have to collect system for businesses to remit state the 2015 Regular Session. The com- and remit sales and use taxes. The and local taxes in Alabama. It is mission’s next meeting will be in the remote sellers’ community appears primarily for sales and use taxes. fall, and at that point, Culver said less unified, with an apparent rift Using it is optional for businesses, the priority would be to discuss and between large and small operations. but participation is mandatory for consider any needed modifications counties and cities. to the initial draft. A key element of the Marketplace Fairness Act is making it as simple Depending on what Congress “We want to have something ready as possible for remote sellers to passes, simplifying compliance for to shorten the timeframe between comply, and a recent advance in businesses could be a bigger issue in when Congress passes something Alabama should help the state’s Alabama than in many of the other and when Alabama could implement position the state if Congress acts. 37 states with local sales taxes. Only anything,” Culver said. “We are Alabama Revenue Commissioner three states – Texas, Missouri and looking for something that would Julie Magee said, “Looking forward, Iowa – have more jurisdictions for allow us to get out in front of it.” as the federal legislation surrounding sales and use taxes than Alabama, internet sales tax gains traction, according to research from the Tax Traditional retailers in the state, Alabama will be very well poised to Foundation, a think-tank based in representedreformat morgan by stanleythe Alabama rev041114:reformat Retail Morgancollect Stanley that 4/11 tax/2014 through 2:03 PM the ONE Washington, D.C. n

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County Commission | 31

Midland Half Page ad.indd 1 3/21/14 12:21 PM Affiliate BRIEFING Editor’s Note: Affiliate Briefing is a new regular feature of County Commission magazine, designed to spotlight news and updates from all six of ACCA’s affiliate groups.

New leadership The next meeting for the ACCMA Alabama Association of Emergency at ACCMA board members will be in September. Managers. The policy, which will be The agenda will include general presented to county commissioners Members of the Association business, committee at the ACCA Convention in August, Alabama City/ appointments, possible bylaws is designed to protect counties County Management changes and planning the 2015 from liability and provide consistent Association had a Winter Conference, which will be messages for the news media and productive Summer Conference in held Feb. 11-13 at the Renaissance public during ice storms when county early June. One highlight was the Montgomery. roads may be impassable. election of new officers, with Coosa County Administrator Sherrie Kelley County Another ACEA committee is studying taking the helm as president for the engineers state dam safety programs from 2014-15 year. take on issues neighboring states. In the 2014 session, legislation was introduced The other executive officers are Two committees of but did not pass that would have George Henry of Alabaster as the Association of created a program, overseen by the president-elect, Donnie Mims of County Engineers of Alabama Alabama Department of Economic Montgomery County as vice president have been active lately on a pair of and Community Affairs’ Office of Water and Kevin Cowper of Auburn as important issues. The ACCA board Resources, of safety inspections and secretary/treasurer. In addition, two of directors unanimously adopted a regulations of Alabama dams. There new faces joined ACCMA’s board Model Policy on Emergency Road is significant interest among some of directors: Charles Duggan, city Conditions that was developed by groups in making Alabama the 50th manager, City of Auburn, and Harry an ACEA committee with input from state to establish a program, with a Sanders, administrator, Pike County. ACEA members and members of the new draft of legislation likely to be

32 | County Commission introduced when the state Legislature responders. An important element of Officers are Anita McBurnett of reconvenes in March. FirstNet’s implementation is making Marshall County as president, Kathy sure that it is compatible with rapidly Carson of Lee County as first vice CROAA members advancing 9-1-1 technology. president, Mike Evans of Mobile active at state level County as second vice president, New leadership Phyllis Little of Cullman County as This summer the County for AAEM hits past president and Ronnie Adair of Revenue Officers Association ground running Mobile County as secretary/treasurer. of Alabama is staying on top of issues at the state level in a A new slate of officers Regional representatives on the number of ways. Betty Peterson, has just taken the AAEM board of directors are Johnny sales tax director for Madison County, reins at the Alabama Association of Brock, Conecuh County; Ronnie is an active member of the Alabama Emergency Managers in June, and Dollar, Henry County; Wayne Hayes, Streamlined Sales and Use Tax the new 2014-15 board has already Bibb County; Bob Franklin, Russell Commission, which has re-engaged had its first meeting in early July. County; James Burnett, Winston on what would be necessary for the state to enforce existing taxes on internet sales if Congress passes the Alabama’s Source for Quality Products and Service Since 1978 Marketplace Fairness Act. William “Butch” Burbage, finance manager for Shelby County, is running for an elected seat on the new governing board for the Local Government Health Insurance Program, which is the health insurance provider used by most counties. Truckworx Kenworth is an Alabama The Alabama Legislature created based, family-owned company that a stand-alone state agency, the strives for excellence with the products Alabama Tax Tribunal, to consider we carry, the services we offer, and the taxpayer appeals of numerous tax people who are part of our team. levies starting in October. CROAA As a partner of the ACCA, Truckworx members throughout Alabama have Kenworth in Montgomery provides you provided input during the public 2015 Kenworth T800 with a convenient, cost-effective way to comment period for proposed Dump Truck with get the quality equipment you need. operating rules for the new agency, Stampede Body which will have jurisdiction over many state and local levies.

AAND adopts bylaws revisions

Members of the Alabama Association 2015 Clement 28’ Half 2015 Kenworth W900 of 9-1-1 Districts met in early July at Round Steel Dump Lowboy Tractor the annual AAND One-Day Workshop Trailer for professional development and some Association business. The With six full-service dealerships membership adopted revisions to the throughout Alabama, we can AAND bylaws, which are available provide any warranty work or online at www.alabamacounties. maintenance that your truck may org/?p=59. need. We are an approved vendor for the ACCA’s Joint Bid Program for At that meeting, AAND also made these high quality products. several nominations (still pending at press time) to Divisional Advisory Committees charged with advising state officials on rollout of FirstNet, a For more information, contact Mike Henderson at Truckworx Kenworth Congressionally mandated national Office: (334)263-3101 • Toll Free: (888)241-3101 broadband data network for first Cell: (334)707-5588 • E-mail: [email protected]

County Commission | 33 County; Scott Worsham, Madison continue in his long-standing role Pickens County; Alex Dudchock, County; Ellen Tanner, St. Clair leading the certification program. Shelby County; LeAnn Horne, Russell County; and Brett Howard, Alabama County; Donnie Mims, Montgomery Emergency Management Agency. ACAA elects County; Clarissa Dear, Wilcox 2014-15 officers, County; Harry Sanders, Pike County; The professional association for board and John Pafenbach, Mobile County. state and local emergency managers relies on a large networks of Members of the The at-large board members are Lois committees. Committee chairs for the Association of Morris, Clarke County; David Smyth, year are Margaret Bishop-Gulley, County Administrators of Alabama, Crenshaw County; and Rod Morgan, Sumter County, Nominations and a professional organization for Coffee County. Past presidents on the Credentials Committee; Deborah county administrators and other board are Diane Kilpatrick, Butler Gaither, Talladega County, Public administrative personnel in county County; Roger Rendleman, Lee Affairs Committee; David Brunson, government, elected new leadership County; Gwendolyn Richardson, Elmore County, Conference/Training for the 2014-15 year at the ACAA Monroe County; Matt Sharp, DeKalb Committee; Patrice Kurzejeski, Conference in May. County; Sherrie Kelley, Coosa St. Clair County, Membership County; Cindy Arrington, Randolph Committee; J.T. Johnston, Monroe The new officers are Mark Tyner of County; Jackie Thomas, Lowndes County, Technology Committee; Bibb County as president, Steve County; John Gordon, Fayette Kathy Carson, Lee County, Awards Golsan of Autauga County as first County; Brenda Petty, Covington & Recognition Committee; and vice president and Patrick Simms County; Ken Joiner, Calhoun County; Phyllis Little, Cullman County, Past of Etowah County as second vice as well as Ball and Pafenbach, who Presidents/Scholarship Committee. president. District representatives also hold district representative seats. In addition, the Legislative Committee on the board of directors are Joanie has co-chairs: Roy Waite, Clarke Wright, Winston County; Pam Ball, All officers and board members are County, and Ricky Little, Alabama Limestone County; Tim Burgess, their county’s chief administrative Emergency Management Agency. Cherokee County; Gary Teichmiller, officers. An ACAA board meeting Cullman County; Tony Petelos, is scheduled for late July in Eddie Hicks of Morgan County will Jefferson County; Cheryl Bowles, Montgomery. n

34 | County Commission A voice from Alabama’s 67 counties… Chad Sowell E-911 Director, Henry County President, Alabama Association of 911 Districts

How long have you been addressing, mapping, maintaining for municipalities, and things are Qinvolved in county 911 equipment, public education set up a little different in regards government? and budgeting to name a few. to how things are structured. The main difference is the ability to pass A. I started in county government As in the case of my district, dis- ordinances in city government and in 2005. patchers are employed by the in- the majority of county government dividual cities, while other 911 items must be sent through the state What is the best part of districts may employ their own dis- legislature. Qyour job? patchers and manage a 911 center. Advice that I would give someone A. Providing help to citizens. Any- What has been the biggest would be to ask questions and learn time I can provide assistance to Qchallenge you have dealt all you can. The ACCA offers great resolve a problem someone may have with in county government? courses on a wide range of topics – it makes the day brighter. A small What advice would you give that can help someone get acclimat- problem to me may be a major prob- others in a similar situation? ed to the county environment. lem to someone else. So the satisfac- tion of just knowing I did what I A. The biggest challenge I dealt with What is your best advice could to help that person makes my in the beginning was just learning Qfor how to maintain a good job worth doing. procedures. I had previously worked working relationship with your

How do you describe Qyour job to people who may not be familiar with 911? Do you hear any common misconceptions?

A. All 911 Directors through the state may not perform the same duties due to the way their district is established. Some districts have an administrative staff while others, like mine, only have a director. I explain to them the role my office plays in County Commission | 35 county commissioners? you’re relatively certain none of A. Caught me being boring on that the others have? question. Currently it is the default A. Communicate. Only one of my image. county commissioners serves on my A. It isn’t necessarily a skill, but I 911 board, but that doesn’t mean can guarantee I will have the bright- What question do you hate I don’t keep everyone updated. I est, most colorful socks in the room, Qbeing asked? regularly attend commission meet- every time. A. ings and work sessions so if any of Well, it used to be “When are them have questions they can ask. What is the home screen/ you going to get married?”. Since

Likewise, if there is anything going Qlock screen image on your that one is out of the way, a new one on in the world of 911 that I feel cell phone? hasn’t come up yet. n they need to know I communicate that to them.

What was your first job? Q A. My first real job was in high school where I worked for a local newspaper. I was the guy that cleaned the printing presses and occasionally got to develop film (this was in 1997) and do some typesetting for the weekly paper.

When you’re not at work, Qwhat do you like to do?

A. Since I am still technically a newlywed, I enjoy spending time with my awesome wife Alaina and venturing off wherever we can. I am a huge baseball fan so anytime there is a game on I am glued.

Auburn or Alabama? Q The attorneys and staff of Webb & Eley, P. C. support and appreciate A. Much to Sonny’s dismay, War Eagle! all of the county commissioners and their staff. If you could be any animal, Qwhat would you be? P. O. Box 240909, Montgomery, AL 36124 A. I think flying is the way to go. (334) 262-1850 Website: www.webbeley.com So let’s go with an eagle. Plus it is E-mail: [email protected] another Auburn reference. You find yourself in a room Qwith 1,000 strangers. What one skill do you have that

36 | County Commission Warren Truck & Trailer, Inc. 3716 Richard Arrington Jr. Blvd. Birmingham, AL 35234 205-254-9700 (phone) 205-591-3012 (fax) 800-900-2545 (toll-free)

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County Commission | 37 ACCA Board of Directors 2013-14

Hon. Debbie Wood Hon. Merceria Ludgood Hon. Ray Long President | Chambers County First Vice President | Mobile County Second Vice President | Morgan County

DISTRICT REPRESENTATIVES PAST PRESIDENTS Hon. Rex Burleson, District 1...... Colbert County Hon. Ricky Harcrow...... DeKalb County Hon. Roger Jones, District 2...... Madison County Hon. Tim Choate...... Etowah County Hon. Ricky Burney...... Clay County Hon. Bill Stricklend, District 3...... Marshall County Hon. Larry White...... Escambia County Hon. Jeff Clark, District 4...... Morgan County Hon. Joe Faulk...... Elmore County Hon. George Bowman, District 5...... Jefferson County Hon. Rhondel Rhone...... Clarke County Hon. Nick Underwood, District 6...... Greene County Hon. Stan Batemon...... St. Clair County Hon. Ryan Robertson, District 7...... Cleburne County Hon. Mark Culver...... Houston County Hon. Roger Hayes...... Winston County Hon. Drew Thompson, District 8...... Macon County Hon. Stanley Menefee...... Limestone County Hon. David Bowen, District 9...... Elmore County Hon. Hardy McCollum...... Tuscaloosa County Hon. Tony Cherry, District 10...... Choctaw County Hon. Dean Smith, District 11...... Coffee County AFFILIATE REPRESENTATIVES Hon. Connie Hudson, District 12...... Mobile County Mark Tyner, President, ACAA...... Bibb County Hon. Ron Smith, Minority Director...... Bullock County Dan Dahlke, President, ACEA...... St. Clair County ACCA Staff Sonny Brasfield...... Executive Director and Publisher...... [email protected] POLICY Mary E. Pons...... Association Counsel...... [email protected] John Q. Hamm...... Director of Member Services...... [email protected] Brandy Perry...... Executive Assistant...... [email protected] ADMINISTRATION Lauren Westbrook...... Director of Finance...... [email protected] Henry van Arcken...... Director of Insurance Services...... [email protected] Marcia Collier...... Executive Assistant...... [email protected] Paulette D. Williams...... Receptionist...... [email protected] COMMUNICATIONS AND EDUCATION Sallie Owen Gowan...... Director of Communication...... [email protected] Donna Key...... Director of Events and Education...... [email protected] Jennifer Datcher...... Executive Assistant...... [email protected]

38 | County Commission

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