NATIONAL ASSOCIATION OF COUNTIES ■ WASHINGTON, D.C. VOL. 47, NO. 19 ■ OCTOBER 5, 2015 Government Congressional stays open, support grows but threat to repeal not over ‘Cadillac Tax’

By Austin Igleheart By Brian Bowden and LEGISLATIVE ASSISTANT Mike Belarmino ASSOCIATE LEGISLATIVE DIRECTORS Facing a looming deadline, Congress passed a temporary Efforts to repeal the 40 percent funding bill to avoid a govern- excise tax on employer-sponsored ment shutdown and continue health coverage (sometimes funding for federal programs referred to as the “Cadillac tax”) through Dec. 11. The temporary recently received a big boost as measure, known as a Continu- the Senate introduced two bills to ing Resolution (CR), became repeal the controversial tax that necessary with FY15 coming to will impact many counties when a close on Sept. 30 and no clear it goes into effect in 2018. resolution on the horizon for the On Sept.17, Sens. Dean Heller FY16 appropriations process. (R-Nev.) and Martin Heinrich The CR, which passed the (D-N.M.) introduced S. 2045, the Senate by a vote of 78–20 and Middle Class Health Benefits Tax the House by a vote of 277–151, Illustration by Repeal Act of 2015 — bipartisan keeps the federal government Leon Lawrence III legislation to repeal the excise operating at essentially FY15 tax. The bill currently has 13 co- funding levels for 10 weeks sponsors (as of Sept. 25). while Congress works to reach On Sept. 24, Sen. Sherrod an agreement on a final FY16 ‘DISRUPTORS’ CHALLENGE Brown (D-Ohio) introduced spending measure. S. 2075, the American Worker Though both chambers have Health Care Tax Relief Act of reported all 12 of the individual COUNTIES AUTHORITY 2015, which also repeals the tax appropriations bills out of com- but includes a non-binding “Sense mittee, the House has only passed By Charles Taylor As for food trucks, they compete players “disruptive innovation,” of the Senate” clause demanding SENIOR STAFF WRITER — unfairly, some say — with the process by which new products See GOVERNMENT page 2 bricks-and-mortar restaurants. or services start up quickly, grow See CADILLAC TAX page 6 In your county, the hottest These are the disruptors, and relentlessly and eventually displace street-food from Paris or Phnom they’re redefining counties’ roles established competitors. Penh may have joined the ranks as regulators. The Center for State and Local INSIDE THIS ISSUE  of hot dog and taco trucks at They include ride-booking Government at George Mason curbsides, redefining “meals on services, like Uber, Sidecar and University (GMU) in northern wheels.” Lyft, the for-hire cars with the pink Virginia recently released a report Want a room or a ride? Ser- moustaches on their grilles. And on the “sharing economy” and the vices like Airbnb and Uber have home-sharing pioneers Airbnb, implications of disruptors for local broken the mold of traditional taxi VRBO and FlipKey. governments in Virginia. Frank service and vacation rentals — Clayton Christensen, a Har- Shafroth, who directs the program, and remade them with lightning vard Business School professor, speed, and, often, at lower costs. calls the birthing of these new See DISRUPTORS page 4

NACo President Sallie Clark gets Questions about redistricting, labor relations on new President’s Perspectives on track u Page 2 the docket for counties this Supreme Court term There’s more to police body cameras than just pretty pictures u Page 5 By Lisa Soronen most notably Reed v. Town of Gilbert, governments. Adding to the intrigue, Greater sage grouse stays off STATE AND LOCAL LEGAL CENTERWASHINGTON, D.C. Arizona (2015), holding that strict many of the court’s decisions this endangered list u Page 8 scrutiny applies to content-based sign term are likely to be discussed by The U.S. Supreme Court’s last ordinances. The October 2015 term is the 2016 presidential candidates as Author explores why new term was big for local governments one to watch and not just because the the campaign heats up. federal grant rules matter because the court decided a number court has accepted numerous cases to counties u Page 12 of important cases against them, on controversial topics affecting local See SUPREME COURTpage 6 2 October 5, 2015 CountyNews • December 11 government shutdown PRESIDENT’S PERSPECTIVE By Sallie Clark looms if no budget agreement

GOVERNMENT from page 1 bursement of the remaining Verify, which helps employers $37 million in Payments in Lieu determine whether prospective six of these while the Senate has of Taxes (PILT) payments for employees are eligible to work not passed any. FY15. PILT funding is vital in the U.S.; the EB-5 Investor The following provisions of im- to counties across the nation Visa program, through which portance to counties are included containing federal land within foreign investors can obtain in the Continuing Resolution: their boundaries, helping them U.S. green cards; and the Con- pay for services ranging from rad 30 Waiver Program, which Spending Adheres to the education to public safety. helps attract medical doctors Budget Control Act 2011 to rural and underdeveloped Under the CR, discretionary Extends Preemption communities by providing defense spending and discretion- of County Sales Tax visas for doctors willing to serve ary non-defense spending are Authority such areas. slightly reduced relative to FY15 The CR also contains a pro- levels, consistent with the top-line vision that temporarily extends Final Appropriations When I was sworn in as NACo’s cutting-edge tools like the indus- spending limits set by the Budget the Internet Tax Freedom Act Package Remains president this past summer, I spoke try’s AskRail app, which provides Control Act of 2011 (S.365). A (ITFA). The length of the exten- Unclear about how we are entering a new first responders with immediate temporary freeze on new defense sion matches the period that is Now that Congress has phase of promise and opportunity. access to data about the types contracts would also be put in place ultimately adopted for the CR passed the CR, it is unclear I’m pleased to welcome you to the of hazardous materials being as a way to limit defense-spending (through Dec. 11). The ITFA, what is in store for the ap- first monthly column designed to transported so they can properly growth. enacted in 1998, was originally propriations process. House provide perspectives and updates respond to emergencies. intended to be a temporary conservatives may demand that on our progress. Overall, the experience was Support for Wildfire prohibition of state and local a provision to defund Planned As president, I’m honored to informative and facilitated idea- Suppression, PILT Program taxation of Internet access so Parenthood be added to any ap- meet with many counties, state sharing between NACo leaders The CR also provides $700 that the Internet would have propriations package, despite associations of counties, NACo af- and BNSF. My greatest takeaways million in emergency funding for an opportunity to grow as an the Senate’s failure last week filiates and public and private sector from the meeting were the need the U.S. Forest Service to suppress industry. to advance a CR that included partners. Since July, NACo leaders for counties to be well informed wildfires, which have been particu- However, this preemption of similar language, voting 47–52 have been to more than 20 state as- about the impacts of rail transport larly severe this season and have state and local tax authority has against consideration of that sociation meetings. I participated on our communities and the strained fire suppression budgets. been extended several times, and measure. in meetings in Alabama, Montana, importance of working with rail The emergency funding will given the growth and changing Speaker John Boehner North Carolina, South Carolina providers to keep our land and not count against overall spending uses of the Internet, NACo has (R-Ohio), who on Sept. 25 and Wisconsin. During each trip, residents safe. caps. This funding could prove opposed attempts to make the unexpectedly announced his I learn how local leadership can crucial for counties that have prohibition permanent. retirement, has urged members help overcome some of our most experienced severe wildfires by to look for ways outside of the pressing challenges. boosting the Forest Service’s ability Immigration Programs appropriations process to target As part of my Safe and Secure CountyNews

to help fight them. Extended Planned Parenthood, though it Counties initiative, I had the op- President | Sallie Clark Furthermore, the CR includes The CR extends several is unknown whether they will portunity to join a group of NACo Publisher | Matthew Chase language intended speed up dis- immigration programs: E- follow his lead. leaders in Whitefish, Mont. in Public Affairs Director | Brian Namey Executive Editor | Beverly Anne Schlotterbeck Democrats, for their part, Flathead County for a roundtable Senior Staff Writer | Charles Taylor Senior Staff Writer | Charlie Ban Get ready for today’s have vowed to oppose any discussion on intermodal transpor- QUICK TAKES measure that defunds Planned tation and freight rail safety issues. Design Director | Leon Lawrence III Parenthood and any measure The event brought us together with ADVERTISING STAFF that increases defense spending BNSF Railway, one of the largest Job Market/Classifieds representative National Accounts representative TOP RECIPIENTS OF without matching the increase freight railroad networks in North Beverly Schlotterbeck legal workfl ow. FEDERAL AIRPORT FUNDS dollar-for-dollar with domestic America that primarily services the (202) 393-6226 • FAX (202) 393-2630 spending increases. Given the western United States. Published biweekly except August by: National Association of Counties tension between the chambers Our discussions explored sev- Research Foundation, Inc. County Amount and between the parties within eral issues but primarily focused 25 Massachusetts Ave., N.W. STE. 500, Washington, D.C. 20001 each chamber, it’s uncertain on our shared goal of keeping (202) 393-6226 | FAX (202) 393-2630 WORKFLOW TECHNOLOGY SOLUTIONS FROM San Francisco City whether these differences will communities safe and secure. The E-mail | [email protected] Online address | www.countynews.org THOMSON REUTERS CAN HELP. & County, Calif...... $45.7 million be resolved in time to avoid a presence of freight rail in counties government shutdown when can present opportunities as well The appearance of paid advertisements in County Broward County, Fla...... $33.1 million News in no way implies support or endorsement by the From legal research and drafting tools to case- and knowledge-management the CR expires on Dec. 11. as risks ranging from the trans- National Association of Counties for any of the products, As always, counties are portation of hazardous materials services or messages advertised. Periodicals postage paid software, we’ve got what you need to stay ahead of the game. Our products are Louisville Jefferson County at Washington D.C. and other offices. encouraged to follow the ap- to trespassing and public grade integrated so you can easily work between them, maximizing the work and research Metro Government, Ky...... $31.3 million Mail subscriptions are $100 per year for non-members. propriations process closely, crossings. $60 per year for non-members purchasing multiple cop- you’ve already done in the most effi cient way possible. ies. Educational institution rate, $50 per year. Member Clark County, Nev...... $31.0 million as several provisions relevant Aside from gaining a greater county supplemental subscriptions are $20 each. Send payment with order and address changes to NACo, 25 to counties are included in the understanding of rail transport Massachusetts Ave. N.W., Washington, D.C. 20001. legalsolutions.com/solutions Philadelphia County, Pa...... $29.1 million CR and could be included in policy issues, like the U.S. Depart- POSTMASTER: send address changes to a final appropriations pack- ment of Transportation’s enhanced County News, 25 Massachusetts Ave. N.W., Source: Federal Aviation Administration and Office of Aviation Analysis, age. Furthermore, continued tank car standards for flammable Ste. 500, Washington, D.C. 20001 U.S. Department of Transportation data, 2014 inaction by Congress could liquid and the challenges related to (USPS 704-620) n (ISSN: 0744-9798) have serious consequences for implementation of Positive Train © National Association of Counties Research Foundation, Inc. counties as they consider their Control technology, we discussed budgets for FY16. ways railroads can work with coun- ties to better prepare for potential © 2015 Thomson Reuters S023004/6-15 (Jessica Monahan, associate legis- disasters. Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. lative director, also contributed to I encourage county responders this report.) to use training opportunities and

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S023004.indd 1 7/6/15 3:28 PM 4 October 5, 2015 CountyNews • Lost taxes squeeze some county economies

DISRUPTORS from page 1 it tried an end run around local so that the lodging part of the tenants and hold back units exclu- fort to preempt states and localities government and went to the state rentals does not dominate the sively for the short-term rental from imposing restrictions. Loca- said other localities can learn from Legislature, seeking — unsuc- activities of the neighborhoods. market, exacerbating the shortage tions include Multnomah County it as well. cessfully — legislation covering Her “best guess” is that the of affordable housing. and Portland, Ore., San Francisco “If you think about Airbnb, the entire state that would have county could be missing out on In advertising campaigns and several other California locali- it’s land use, it’s zoning, it’s taxes, trumped localities’ ability to $500,000 to $1.3 million in bed against Prop F and on its website, ties, Washington, D.C. and North it’s public safety, all issues that are regulate the industry. So now the taxes from short-term rentals. Airbnb argues that “home sharing Carolina, according to Airbnb’s unique to local governments,” he county and the company are try- Another issue that Gorin and Airbnb are helping to fight website. said, adding that “Uber issues” hit ing to reach a compromise. mentioned was “outraged economic inequality by giving Of the sharing economy, Eiselt close to home too. (The report, neighborhood associations every resident the opportunity to said, “I think it is a phenomenon The Sharing Economy: Implications Our Home is Your Home who simply do not want vaca- turn their apartment or home into that is here and isn’t going away, for Local Government Leaders, is Similar to TNC’s, home- tion rentals dominating their an economic asset.” so approaching it with an attitude available from the center.) sharing services allow a “guest” neighborhood and affecting the The company has begun col- that you’re going to stamp it out to go online and rent from a listed quality of life….” lecting occupancy taxes in several and prevent it is probably not an Need a Lyft? “host” anything from a space on Short-term rentals that don’t states, but not nationwide, in an ef- effective posture.” Transportation Network Com- someone’s couch to a room to a pay TOT also disadvantage the panies (TNC) like Uber and Lyft suite to an entire house. traditional lodging industry, allow potential passengers to book Sonoma County, Calif. super- she added. “They’re saying, rides using their smartphones or visors are updating ordinances we’re required to comply with computers in seamless transactions that apply to short-term rentals ADA requirements and undergo Profiles that can be paid by credit card when offered by residents and some rigorous health and safety in- a ride is booked. They’ve become vacation rental companies. spections, and yet homeowners a popular alternative to taxicabs Passed just four years ago, it are renting out their homes and in Service in many cities in the United States already needs revision, accord- are required to provide none and worldwide. ing to Susan Gorin, chair of the of those safeguards for their Rushern L. Baker, III Shafroth said the national me- Board of Supervisors. The topic visitors.” NACo Board of Directors County Executive dia sometimes give the impression is a hot one. Erich Eiselt, assistant general Prince George’s County, Md. that ride-sharing is an issue for “I’ve attended local govern- counsel for the International airports and states to deal with. ment conferences where all you Municipal Lawyers Associa- “It is county and city; it’s not a have to do is mention vacation tion, has written about disrup- Number of years My favorite meal is: state issue.” rentals and the entire room goes tive transportation and housing active in NACo: 5 Black beans and rice. In Broward County, Fla., com- into an uproar,” she said. “Be- providers. He said local govern- Years in public service: 13 My pet peeve is: People afraid missioners are still, after several cause local government is really ments want their residents to be Occupation: County executive to fail. months, wrangling with crafting a being challenged to both ensure happy. “People aren’t necessar- Education: Howard University My motto is: “Each genera- new ordinance for TNC’s. A recent the safety of our visitors and ily unhappy because the guy next B.A., J.D. tion must discover its mission, Board of County Commissioners collect the TOT (transient occu- door is renting out his house and The hardest thing I’ve ever done: fulfill it or betray it, in relative meeting, which attracted scores of pancy tax) — and to bring some not paying taxes on it. Being county executive of Prince opacity.” - Frantz Fanon stakeholders, spent seven hours on balance into neighborhoods, “What they’re unhappy George’s County, Md. The last book I read was: the issue with no final resolution. about is the guy next door who Three people (living or dead) I’d Franklin D. Roosevelt, Champi- In Maryland’s Prince George’s DISRUPTORS DEFINED rented his house to 16 college on of Freedom, Conrad Black. County, officials are considering kids and then went off with invite to dinner: Richard Wright, adding a 25-cent surcharge on his family to Germany for a Malcolm X, Abraham Lincoln. My favorite movie is: Henry V George Mason University’s TNC rides. The proceeds would week and now [the renters are] You’d be surprised to learn that: with Kenneth Branagh. be used to improve bus service and report, The Sharing Economy: cavorting on the front lawn at 4 I delivered my oldest daughter on My favorite music is: Classical. make more taxicabs handicapped- Implications for Local Govern- a.m. with music going.” That, the shoulder of a highway. My favorite president is: accessible. ment Leaders, defines the dis- he said, is what makes neighbors The most adventurous thing Lincoln. Broward County Commis- ruptive economy as technol- call for code enforcement. I’ve ever done is: Running in My county is a NACo member sioner Barbara Sharief said there ogy and business process that and completing the 2015 Boston because: “A raising tide lifts are issues of fairness to the legacy drastically change the way San Francisco Voters Marathon. all ships.” We cannot improve taxi industry, which has long had Take It to the Polls business is conducted. My favorite way to relax is: Prince George’s County with- to pay licensing fees, been subject Across the bay from Sonoma out the partnerships of fellow The disruption occurs in Reading. to safety inspections and driver County, in San Francisco, city counties across this nation and background checks, and required the way consumers access and county voters next month I’m most proud of: Along with my wife, raising three wonderful knowledge and guidance of to carry sufficient insurance to services or products and cre- will decide the fate of Proposi- children into caring, and compas- best practices of governance cover liability for themselves and ates new ways to generate tion F. It would, among other that NACo provides. their passengers. When Uber provisions, limit to 75 the number sionate young adults. revenue, as well as offering began operating in the county, of days per year that a house Every morning I read: it did so without meeting those changing career opportunities. or apartment could be rented The Washington Post. requirements. The accelerated pace of short term (the current cap is And because TNCs have low change in a disruptive econ- 90 days), ban the rental of in- overhead — Uber doesn’t own the omy may significantly conflict law units and require “Internet vehicles, the independent-operator with government regulation platforms” that are the backbone drivers do — they are also able to of home-sharing sites to stop and taxation. It can lead to beat taxis on price. listing units after they hit the Sharief said Uber reported well-established company 75-day maximum. A dream I have is to: providing one million trips in the 10 becoming obsolete: Think Proponents got the issue Open up a bookstore months of operation at an average of Blockbuster being dis- on the ballot to address a host and coffee shop. cost to riders of $15 per trip. “So rupted by Netflix and Borders of concerns. Among them, we’re looking at … they’ve made bookstores being disrupted by which Gorin also mentioned in about $15 million in Broward Sonoma, is residents’ belief that Amazon. County in 10 months.” short-term rentals are causing After the county banned Uber, some landlords to evict long-time • CountyNews October 5, 2015 5

are expensive. Some sheriff offices have had the good fortune of upgrad- ing their servers while planning their camera purchase. Parke County, Ind. is one of them. It had just finalized, in September, its body-worn camera policy, much of which defers to state CAMERA public record retention laws. “When our deputies file the videos at the end of the shift, they categorize what’s on them,” said Sheriff Justin Cole. “If there’s noth- ing worth keeping, we don’t keep it.” Some counties are financing camera purchases and data storage SHY outside of the normal Data costs from body cameras county budget process. Lee County, Ga. pur- worries some counties. chased cameras with money seized in drug By Charlie Ban to spend about $45,000 for forfeitures. SENIOR STAFF WRITER the cameras and first year DeWitt County, Ill. of data storage, and about has had cameras for two With $45,000 in hand, Sheriff $35,000 for data storage in years and is saving mon- Barry Virts was excited about buying each year to follow, accord- ey as a result. A vendor body-worn cameras for his deputies ing to The Times Recorder. left four cameras with in Wayne County, N.Y. In mid-September, the department, which “It’s something I’ve been pushing the Bureau of Justice went to two deputies on for, and have been excited about,” Assistance’s Body- patrol and two in correc- he said. “When our deputies leave Worn Camera Pilot tions. In the course of their homes to go on the road, they Implementation daily work in the jail, one know to act like they’re on camera Program awarded of the corrections officers’ all the time, because everyone has $19 million in camera captured video of an them these days.” matching grants to inmate doing pushups. But not the deputies. When the local law enforce- “That inmate had complained county’s chief information officer ment agencies, with that we had blocked his access to looked into the cost of storing the $1.5 million going to medical care for his shoulder,” Chief data from the cameras — video is nine counties. Miami- Deputy Mike Walker said. “We had particularly large — estimates ranged Dade County received evidence his shoulder was fine, and from $120,000 to $192,000 to buy a $1 million — on par it saved us from litigation.” new server. with five cities — and Likewise, footage from incidents “The front-end costs aren’t bad, Hamilton County, Ohio during arrests can help stem the flow but the back-end is prohibitive,” Virts scored $139,500. The of court cases. said. “I had to table the plan because grant program was part “Our state’s attorney can show what I’d have to give up in budget of the Obama Adminis- a defendant video from an incident and patrol time would be too much.” tration’s three-year $75 and more than a few times that has Adding to the complexity is the million proposal that will Illustration by Leon Lawrence III convinced them that a plea bargain download time for the cameras. Virts ultimately pay for 50,000 was in their best interest,” Walker said tests took about 50 minutes for body cameras and associ- Wash. is holding off on acquiring istrative tasks — to five years, for said. “That’s saving the county a complete download. In addition, ated costs. Cameras themselves typi- cameras until the state’s public arrests and search warrant execution. money it would have to spend on one or two staff members would be cally run between $500–$700 each. records laws are updated for the Recordings involving the use of force a trial.” needed to index the files. Wyandotte County, Kan.’s digital age. must be manually deleted, according When it comes to storage, Walker “Body cameras are a very useful $88,000 portion of a $352,000 Henrico County, Va. will spend to the Southeast Missourian. said the county’s recent server up- tool, but they’re not a cure-all,” he shared with Kansas City, Kan. will $100,000 a year to license software Sonoma County, Calif.’s draft grade gives the department ample said. “At this cost, I can’t justify it to go toward the long-term cost for from its vendor and for cloud storage. video retention policy makes rela- space for the records. The deputies the taxpayers.” keeping records. “We have a six-hour training tively cut-and-dry distinctions are big fans of the cameras. The cost is a reckoning point for a “All of that money will go to session from Fair and Impartial between what should and should “They were kind of cynical about lot of counties as the cameras spread buy storage space for data,” said Policing, which includes two hours not be saved. them at first, but after they had them even faster on the heels of high-profile department PIO Lt. Kelli Baliff. of body camera training,” said Lt. “For the vast majority of police for a few months and we took them allegations of police misconduct over “The expenses will be staggering.” Dennis O’Keefe, who coordinates encounters with the public, there is back while we decided what to do the past two years. The county had already spent the police department’s body camera no reason to preserve video evidence, about them, they kept asking when Baltimore County, Md., with the $70,000 for cameras and some server program. “Once they upload the and those recordings therefore they’d get them back,” Walker said. 21st largest sheriff’s department space before learning it had won the videos, officers can view them, but should be deleted relatively quickly,” As for Wayne County, N.Y., Virts in the country, will outfit its 1,435 grant. The department is finalizing they can’t alter or delete them.” it says. “Retention periods should be is hoping to give his deputies the officers with cameras at a cost of its camera policy, developing a train- The county policy stores non- measured in weeks not years, and cameras someday soon. $1.25 million for the cameras, and ing plan and synchronizing the body evidentiary videos for 90 days, and video should be deleted after that “Whenever the technology $5.6 million for maintenance and cameras with in-car cameras. evidentiary videos for 180 days, or period unless a recording has been improves and gets more affordable, data storage for five years. The $7.1 “We’d like to have that finished longer, if flagged. From March to flagged.” I want to buy them,” he said. “I million total will also include the by December,” she said. “Once we September 2015, Henrico County’s That policy puts three conditions absolutely feel they will be an asset cost of hiring at least 21 additional have these operational, it will help us growing number of cameras have on video flagging: an incident involv- to the department.” full-time personnel in several depart- be more transparent and make our gathered 38,000 videos, which take ing the use of force, an incident that ments to manage the program, with community relations better.” up 4.24 terabytes of storage space. leads to detention or an arrest, or an The Department of Justice’s Bureau the annual program cost reaching an Data storage costs depend on the The Scott County, Mo. Sheriff’s incident in which a formal complaint of Justice Assistance offers an online estimated $1.6 million. volume of data being preserved, and Office has established 71 categories has been registered. body-worn camera toolkit with imple- In smaller Muskingum County, those policies vary. The News and for recordings. They range from two Several companies offer secure mentation guidelines and best practices Ohio, the sheriff’s office is expected Tribune reports that Pierce County, weeks — for recordings of admin- remote storage options, but they too at https://www.bja.gov/bwc/. 6 October 5, 2015 CountyNews • NACo on the Move Issues before court cover wide range From SUPREME COURT page 1 Abood case. Overturning either of metric is unconstitutional. Most them would mean a major change state legislatures use total popula- XNACo Officers, the Justice and Public Safety Here is a preview of the most in the law that would substantially tion not total voting population data. County Officials Policy Steering Committee in significant cases for the local govern- weaken public sector unions. • NACo First Vice President addition to being the primary ments that the court has agreed to Asset Forfeiture Bryan Desloge was a featured legislative staff liaison to the decide to date. Redistricting The question in Luis v. United speaker at the Human Services and Education The U.S. Constitution Equal States is whether preventing a Nevada As- Policy Steering Committee, and Public Sector Collective Protection Clause “one-person criminal defendant to use assets not sociation of the Immigration Task Force. Bargaining one-vote” principle requires that traceable to a criminal offense to Counties An- Before joining NACo, Sedigh In Friedrichs v. California Teachers voting districts have roughly the hire counsel of choice violates the nual Confer- was the legislative fellow in the Association, the court will decide same population so that votes in Sixth Amendment right to counsel. ence in Clark office of Rep. Yvette Clarke whether to overrule a nearly 40-year- each district count equally. But Local law enforcement often County (Las (D-N.J.). old precedent requiring public sec- what population is relevant — total receives asset forfeitures related to Vegas), Sept. tor employees who are not union population or total voting popula- drug crimes. Desloge 29–Oct. 1. • Jack Peterson has moved members to pay their “fair share” tion — and who gets to decide? The This case comes on the heels of to the Legislative Affairs De- of collective bargaining costs. More court will answer these questions Kaley v. United States (2014) where • King County, Wash. Ex- partment as a legislative as- than 20 states have enacted statutes in Evenwel v. Abbott. the Supreme Court held 6–3 that ecutive Dow Constantine was sistant. Peterson will support authorizing “fair share.” Over the last 25 years, the Su- defendants may not use frozen as- among local leaders who met the Human In Abood v. Detroit Board of Edu- preme Court has repeatedly refused sets, which are the fruits of criminal in Seattle with visiting Chinese Services and cation (1977), the Supreme Court to decide (in cases all involving local activities to pay for an attorney. President Xi Jinping, Sept. 22 Education held that the First Amendment governments) whether total voter Luis argues that it is “inconceiv- on the first leg of Xi’s U.S. trip. Policy Steer- does not prevent public employees population must be equalized in able” that she may not use “her own Constantine said they discussed ing Commit- who do not join the union from state and local legislative districts. legitimately-earned assets to retain King County’s commitment to tee and serve being required to pay their “fair According to election law pro- counsel.” The federal government combating climate change and as the primary share” of union dues for collective fessor Richard Hasen, “lawmakers responded that per her reasoning the opportunity for the U.S. and staff liaison to bargaining, contract administration from urban areas dominate many criminal defendants “could ef- Peterson China to cooperate to create the Veterans and grievance-adjustment. The state legislatures because of the fectively deprive [their] victims of solutions to their greatest shared and Military Services Commit- rationale is that the union may not huge influx of non-citizens, both any opportunity for compensation global challenge. tee. Previously, he supported discriminate between members legal and illegal, into predomi- simply by dissipating [their] ill- NACo’s association manage- and nonmembers in performing nantly urban settings. This greatly gotten gains.” XNACo Staff ment services for the National these functions. So no free-riders increases the population of non- The 11th Circuit ruled against • Rob Hagans has joined Association of County Veteran are allowed. voters who can be and are used to Luis, who was indicted on charges NACo as its new chief finan- Service Officers and the Na- In two recent cases the court’s fill in urban legislative districts.” related to $45 million in Medicare cial officer. tional Association of Pretrial more conservative justices, includ- Plaintiffs claim that total voter fraud. Hagans has Services Agencies. Before join- ing Associate Justice Anthony population must be the metric. more than 35 ing NACo, Peterson worked as a Kennedy, have criticized Abood. They argue their votes are worth Local Governments Sued years of work government relations associate If the court doesn’t overrule less than other voters because they Out-of-State experience in for Urban Swirski & Associates Abood, it may, instead, make it live in districts that substantially In Franchise Tax Board of Califor- nonprofits, the more difficult for unions to collect deviate from the “ideal” in terms nia v. Hyatt, the court will decide public sector • Jacob Terrell, former legis- dues for political purposes from of number of voters or potential whether states must extend the and financial lative assistant, has been named non-members. voters. same immunities that apply to them Hagans management. the new associate legislative Two foundational principles for The lower court disagreed be- to foreign local governments (and Most recently, he was the ex- director for the Telecommuni- public sector collective bargaining in cause the Supreme Court has never ecutive vice president and chief cations and Technology Policy the United States are at play in the held that any particular population See SUPREME COURT page 10 financial officer for AARP. Prior Steering Committee. to AARP, he served as finance Prior to joining NACo, Terrell director for Prince George’s spent seven years working on County, Md. Capitol Hill NACo publication explains Cadillac Tax in a number • Joel Griffin begins a stint of capacities From CADILLAC TAX page 1 a 40 percent excise tax on the in the job market and to retain a at NACo’s Financial Services including as a amount of employer-sponsored quality workforce. Corporation (NACo FSC) congressional that any repeal include an offset. coverage that exceeds statutorily NACo and partners have as a new pro- aide for Sens. Brown’s bill currently has nine established thresholds. It applies to engaged in intense advocacy ef- gram manager Jim Webb co-sponsors (as of 9/25). all employers, public and private, forts through the Alliance to Fight where he will (D-Va.) and Two bills have already been and is projected to significantly the 40, a broad-based coalition be responsible John McCain Terrell introduced in the House — H.R. impact the health coverage pro- comprising public and private for manag- (R-Ariz). During his time on 2050, the Middle Class Health vided to employees as employers sector employer organizations, ing NACo’s Capitol Hill, he worked on Benefits Tax Repeal Act by Rep. implement changes to avoid the unions, health care companies, Retirement issues related to cybersecurity, Joe Courtney (D-Conn.) and excise tax in 2018 and beyond. businesses and other stakeholders Griffin Institute and homeland security, education, H.R. 879, Ax the Tax on Middle To better understand the tax that support employer-sponsored the NACo De- the judiciary and welfare. Class Americans by Rep. Frank and how it affects counties, see health coverage. ferred Compensation Program. Guinta (R-N.H.). Together, the NACo’s publication titled Excise On the regulatory side, the Before joining NACo, Griffin • Emilia Istrate, research two House bills have more than Tax on High-Cost Employer Spon- Internal Revenue Service is still worked as a research associate director, represented NACo at 240 co-sponsors. sored Health Coverage: What Counties moving forward with plans to with The Heritage Foundation. the International Economic NACo supports all legislative Need to Know. develop the rules guiding the There he conducted extensive Development Council Confer- efforts to repeal the excise tax Counties employ more than implementation of the excise tax. research on tax, federal spending ence, Oct. 2–6 in Anchorage on employer-sponsored health 3 million employees and spend On May 15, NACo submitted offi- and economic policy. Borough, Alaska. She was also coverage, and encourages county approximately $20 billion to $24 cial comments to the IRS outlining the keynote speaker at the Idaho officials to contact their congres- billion annually on health insur- counties’ concerns. On July 30, • Hadi Sedigh has been Association of Counties Annual sional representatives to urge them ance. Unable to match salaries the IRS issued its second notice appointed as the new associ- Conference, held Sept. 28–30 in to do the same. in the private sector, county gov- requesting comments on potential ate legislative director for Ada County (Boise). The tax, a provision in the 2010 ernments provide quality health approaches the agency may take Affordable Care Act, will impose insurance as means to compete to implement the provision. • CountyNews October 5, 2015 7 COUNTY INNOVATIONS AND SOLUTIONS EPA seeks input on MS4 regs

Due to a recent court settle- public participation in the process. ment, EPA has updated its However, since EPA had not schedule to revise the agency’s acted on the 2003 court decision, Phase II stormwater requirements EDA and the Natural Resources for “small” (those serving popu- Defense Council — in December lations of fewer than 100,000) 2014 — sued EPA for not updating municipal separate storm sewer the permits process. As a result of systems (MS4). The EPA is asking the settlement, EPA will issue a local and state governments for proposed rule by Dec.17 and finalize feedback by mid-October on sev- it by Nov. 17, 2016. eral avenues they are considering The settlement also included a before they go through the formal commitment by the EPA to address rule-making process. stormwater runoff from logging The rule-making stems from roads. In 2013, EPA exempted log- a 2003 case Environmental Defense ging roads (including county-owned Center (EDA) v. EPA decided in the roads) from regulation. However, 9th Circuit Court. The court found the agency has yet to determine deficiencies in the procedures used whether other types of forest roads, in the Phase II stormwater permit such as those used for oil and gas Teenagers work up appetites on soccer fields in Chesterfield County, Va. The county’s economic development program. extraction, should be regulated un- office has coordinated with local businesses so they can be ready for athletes and their families when they Specifically, the court found der the federal stormwater program. come to town for large tournaments. Photo courtesy of Chesterfield County Economic Development that the MS4 permit process was To see the options under consider- defective because there was a lack ation, go to NACo’s website at http:// Rallying Businesses Wins Repeat Business of permitting authority review and www.naco.org/MS4-Remand-Rule. for Sports Tourism in Chesterfield County, Va.

By Charlie Ban Since 2012, the county’s eco- recognition, but our independent SENIOR STAFF WRITER nomic development office has businesses also see a spike in What’s in coordinated a more inclusive customers,” he said. “We’re three They came in caravans of SUVs planning and outreach effort to years in now and everyone has an and minivans, and the locals in Ches- have the community ready for the idea what to expect, when to expect a Seal? terfield County, Va. were caught athletes and their families. it, and we have a way of getting in unaware. Families with hungry teen- “We have three targets: helping touch with them. aged athletes, looking for anything local businesses be prepared for The promotional costs for the ■ Fulton County, Pa. edible near the growing number of the uptick in customers, provide effort — $600 a year to print materi- athletic fields in the county. a good experience for visitors and als and for gas for door-to-door trips “There were sandwich shops to be supportive of event promot- — are low, and the return is high: Fulton County, located in south-central Pennsylvania, was founded with lines coming out their doors,” ers,” Watt said. “We recognize a business community prepared for in 1850 when a state senator, who was initially opposed to separating said John D. Watt, tourism project we have a lot of competitors out higher volume at the right times. Fulton County from Bedford County, agreed to change his vote if manager at Chesterfield Economic there, communities building the County officials are excited he were given the authority to name the county. The name under Development, recounting some same infrastructure we have, so about a new field hockey tourna- consideration was Liberty, but the senator proposed the county be weekend sights. “Restaurants had doing what we can to provide a ment in late November, a tourism named for Pennsylvania native and inventor, Robert Fulton. run out of food. They weren’t ready good experience for everyone is dead zone. An 8th class county, Fulton has the fourth-smallest population for what was coming. And the kids the follow through for all of the “The hoteliers are ecstatic, in the Commonwealth with just under 15,000 residents spread over were playing all day, so they were planning work we’ve put in.” Thanksgiving week is hard,” Watt approximately 435 square miles. Several of Fulton County’s 13 hungry.” That started with county staff said. “We’ve also found the crowds municipalities have names recalling the Scotch-Irish settlers who The big draws — soccer, la- making door-to-door trips to 60 get bigger when girls’ competitions arrived in the 1700s: Ayr, Bethel, Belfast and Dublin townships. crosse, field hockey, baseball and local businesses, letting them are in town. You see whole families Fulton County’s seal was designed in 2013 by county commis- softball — are bringing visitors at know large events were coming out and about.” sioner and Ayr Township resident Irvin Dasher. The seal’s outer edge a one-time rate that may someday up and they could expect more This follows the late-September resembles a gear, honoring Fulton County’s industry. Multinational rival Civil War sites, but annual customers than usual. UCI Road World Championships corporations JLG Industries, builder of primarily boom and scissor tournaments will keep them com- “We literally pulled out a map, bicycling event. Though the com- lifts, and Mellott Manufacturing, a leading international innovator ing back year after year. identified the shopping centers petition was limited to downtown in the rock crushing and screening business, began decades ago as The biggest events — currently where visitors would gravitate and Richmond, Chesterfield still played small local businesses. Other significant industries include agriculture, a girls’ lacrosse tournament — can let them know there’d be hungry host to several national teams. building construction and medical services. draw 15,000 people from outside people coming soon,” Watt said. “The region as a whole was Mountains and farm fields typical of the region set up the seal’s of the county, selling out hotels. “When you’re involved in the getting amazing pickup on social background and, in the foreground, a pair of crossed muskets with County estimates pegged the eco- day-to-day operation of a busi- media from the championships,” barrels pointing skyward acknowledge the county’s colonial begin- nomic impact from sporting events ness, you’re probably not thinking Watt said. “We had six teams nings. The milk can is a reminder of the county’s rich agricultural at $12.5 million in FY11 and $25.3 about out-of-state lacrosse fami- staying in Chesterfield and people history. Fulton County currently boasts more cows than people. million in FY14. lies coming to town. It was the would get excited to see the Russian Under the milk can, a tomahawk represents the Native American But early on, those businesses right role for the county, to make team or the Portuguese team out on conflicts experienced by initial settlers, such as the Great Cove did not have a game plan to take the effort and make a difference.” the roads.” Massacre in 1755. advantage of the visitors. Watt, who took responsibility Earlier, in 1750, the governor of Pennsylvania, to appease the “We weren’t unified in help- for the effort, built an email data- County Innovations and Solutions Delaware and Shawnee Indians, ordered the burning of settlers’ ing the area prepare,” Watt said. base for contacting these businesses features award-winning programs. cabins in the northern part of Fulton County, giving the town of “There were a lot of parts of the and works with the Chamber of “Sports Tourism Support to Business” Burnt Cabins, in Dublin Township, its name. community that could be affected Commerce to get the word out in was named best in category for com- (Information for What’s in a Seal was provided by the Fulton County, by sports visitors, and if we could advance of major events. munity and economic development Pa. Board of Commissioners.) get on the same page, everyone “The national chains usually programs among entries for the 2015 would benefit.” get hit first because they have name NACo Achievement Awards. 8 October 5, 2015 CountyNews •

Sage Grouse remains off “THE TWO MAIN THREATS TO THE GREATER SAGE GROUSE IN IDAHO ARE Endangered Species Act list FIRE AND INVASIVE SPECIES.” -SEN. JIM RISCH (R-IDAHO) By Eryn Hurley Earlier this year, DOI released officials criticized DOI for not -SEN. MIKE CRAPO (R-IDAHO) LEGISLATIVE ASSISTANT its 10-state conservation plan that adhering closely enough to state was designed to protect sage grouse conservation plans and argued that Department of Interior Sec- habitat and economic development existing state plans have proven retary Sally Jewell has released across the western United States. to be successful without further a statement announcing that the The plan was designed to conserve federal intervention. greater sage grouse will not be critical habitat by limiting energy In a Sept. 22 announcement, extended Endangered Species Act development in core habitat areas Jewell stated that collaborative (ESA) protections, due to successful and by working with the U.S. Bureau efforts by the BLM, U.S. Forest landscape-scale conservation efforts of Land Management (BLM) and Service, state agencies and private across the United States. the energy industry on mitigation partners, had significantly reduced The potential listing of the sage efforts to improve existing habitat the threats to the greater sage grouse, a ground-dwelling bird and reduce the risk of wildfire. grouse across 90 percent of the whose habitat spans 11 western The conservation plan was species’ breeding habitat. states, had sparked major contro- criticized by some lawmakers and Subsequently, after evaluat- versy over the years because a listing stakeholders who believed it would ing the bird’s population status, would result in restricted land-use unnecessarily restrict land use and along with an analysis of current conservation plans, the U.S. criticized DOI for its lack of atten- and energy development in the place an undue burden on western scientific information and ongoing Fish and Wildlife Service (FWS) tion to local recommendations, bird’s habitat. energy development. Western efforts through federal and state concluded that the sage grouse stating, “The two main threats to no longer needed protection the greater sage grouse in Idaho under the ESA. are fire and invasive species. The While the sage grouse de- secretary adopts a plan that relies cision represents a positive heavily on regulation of the min- outcome for conservation efforts ing, oil, and gas industries when on both federal and state levels, it should focus more heavily on DOI has been criticized for fire control.” NEW In October FROM NAC ’ failing to collaborate with and NACo has consistently op- o s recognize individual state needs posed the listing of the greater concerning protection of sage sage grouse under the ESA and grouse populations and habitat. supports the decision that the In reacting to Jewell’s state- greater sage grouse does not COUNTY EXPLORER ment, Sens. Jim Risch (R-Idaho) warrant Endangered Species Act and Mike Crapo (R-Idaho) protections.

of children living in poverty 67% are in 10% of counties. CN JOB MARKET Director, Independent Of- creative, and has the ability to es- fice of Law Enforcement tablish structure and processes in Review and Outreach — SO- this important new organization of county jails hold one or more juveniles (under 18), as of June 2013. NOMA COUNTY, CALIF. Salary: and position. 36% $127,252 – $154,676 The ideal candidate will pos- annually sess at least four years of related Sonoma County, conve- legal experience, typically civil of counties received, within their jurisdiction, more than $100 million niently located 30 miles north rights and/or criminal law, and of San Francisco, is home to in 2013 in federal medical benefits payments, including Medicare, experience working with individu- almost 500,000 residents and als of diverse ethnic, cultural, and 48% Medicaid, Children’s Health Insurance Program (CHIP) and TRICARE offers a wide variety of restau- socio-economic backgrounds. Management Program (formerly called the Civilian Health and rants, art and music festivals, Prior professional level experi- Medical Plan of the Uniformed Services). farmers’ markets, and concert ence in a law enforcement over- venues. The County is seeking a The payments are made directly or through intermediaries sight/audit organization, bilingual Director, Independent Office of English/Spanish skills, supervisory to vendors for care provided to county residents fulfilling Law Enforcement Review and experience, and possession of the the conditions of the federal programs. Outreach who will establish the Certified Practitioner of Oversight Office’s operations in order to (CPO) Credential are desirable implement the recommenda- qualifications. tions of a community task force The position requires posses- to establish an office of indepen- sion of a Juris Doctor Degree or dent review. equivalent from an accredited The incoming Director must U.S. law school and current ac- be someone who inspires trust tive membership in the State Bar by acting with integrity, has an of California. The salary range is interest in understanding and $127,252–$154,676 annually and embracing the “culture” of So- is dependent upon qualifications. noma County, and will conduct Sonoma County offers a com- comprehensive outreach to the petitive total compensation pack- community including members age. If you are interested in this of the former Task Force, inter- outstanding opportunity, please ested community members, apply online at http://www.bob- schools, community based or- murrayassoc.com. Please con- ganizations, businesses, and tact Bob Murray or Gary Phillips other stakeholders. at 916.784.9080 should you have This is an exciting opportunity any questions. Brochure available. www.NACo.org/CountyExplorer for an individual who is dynamic, The first review of resumes will fair and honest, independent, begin November 6. • CountyNews October 5, 2015 9 Financial Services News Rebalance Your Assets Automatically through NACo’s Deferred Compensation Plan

NACo and Nationwide have prevent investors from losing The Nationwide ProAccount Nationwide Retirement Solutions found ways to make retirement money. However, these strate- ONLINE BENEFICIARY fee is deducted quarterly, in (Nationwide) makes payments to the planning decisions easier and gies may help reduce the effects DESIGNATION arrears. NIA contracts with National Association of Counties even somewhat automatic. of market volatility and poten- Wilshire Associates Incorpo- (NACo), NACo PEB LLC and the tially limit losses. Nationwide The online beneficiary desig- rated, a leading global invest- NACo Financial Services Center Paperless Delivery representatives can explain the nation feature helps participants ment firm, as the Independent Partnership (FSC) for services and NACo Deferred Compensa- rebalancing options, including keep designations up to date Financial Expert for Nationwide endorsements that NACo provides for tion Plan participants have the op- how frequently the account is We know that members’ ProAccount. Counties interested all its members generally related to portunity to receive their account rebalanced and what portion of legacy to their families is always in learning more about ProAc- Nationwide’s products and services sold documents via paperless delivery. assets can be rebalanced. (Note: a retirement planning priority. count as a component of their exclusively in public sector retirement Participants who choose to en- Target maturity date or asset That’s why it is especially im- deferred compensation offering markets. More detail about these pay- roll will be notified when their allocation funds periodically portant that beneficiary desig- can contact NACo or their Na- ments is available at www.nrsforu.com. quarterly account statements, rebalance on their own.) nations are kept up to date on tionwide representative. NACo PEB LLC does not provide transaction confirmations and all-important accounts like their advice or make recommendations other plan correspondence are Professionally NACo Deferred Compensa- Automatic Increase regarding the purchase or sale of available online. It’s a free, secure managed Account tion Plan accounts. Nationwide Account Option Starts securities, or the products and services and environmentally safe way to Service makes it easy to monitor and Next Year of Nationwide affiliates. NACo PEB receive account information. The quality of participants’ change beneficiaries, just by log- Starting February 2016, par- LLC acts as a third party marketer, Enrolling is easy. Participants: retirement may depend on how ging into their account. ticipants can also set their account and does not hold or maintain funds • log in to their online account well they manage their invest- to automatically increase their or securities. NACo PEB LLC is NOT • select “Contact Preferences” ments through their NACo contribution amount according an affiliate of Nationwide Investment (located on the left-side naviga- Deferred Compensation Plan account balance or cancellation to a specified date and amount. Services Corp. or Nationwide. tion of the account overview account. Participants who are fees. Under the Nationwide Pro- It’s an easy way to stay on Retirement Specialists are registered page), and uncertain about their ability to Account, participants contract top of managing their accounts. representatives of Nationwide Invest- • follow the steps to enroll. reach their goals or simply lack with Nationwide Investment Participants interested in this ment Services Corporation: Member the time or the desire to do it, may Advisors, LLC (NIA), to provide approach can talk with their Na- FINRA. Nationwide Retirement Automatic Asset select a “do it for me” solution the managed account service. tionwide representative about this Specialists cannot offer investment, Rebalancing and have their accounts managed Participants will be assessed and other ways to enhance their tax or legal advice. Consult your own Investors of all types enroll by investment managers. an annual fee of up 1 percent, approach to saving for retirement. counsel before making retirement plan and pick investment options with This investing approach pro- which is in addition to any asset For information about the decisions. all of the right intentions, but vides professional fund selection or service fees they may incur NACo Deferred Compensa- Nationwide, the Nationwide N what happens if over time the and asset allocation; periodic through the deferred compensa- tion Program, contact David and Eagle, and Nationwide is on your mix of investments gets out of portfolio adjustments intended tion plan and any management Thompson, president and man- side are service marks of Nationwide whack? Participants then could to help keep participants on track fees, charges or expenses as- aging director, NACo Financial Mutual Insurance Company. © 2015 end up taking on more market risk toward their goals, ongoing com- sociated with each investment Services, at [email protected] Nationwide than intended, or not investing as munications; and no minimum option. or 202.942.4240. NRM-13460AO-NX (09/15) aggressively as intended because, over time, market conditions favored one type of investment over some others. That’s why NACo Deferred Compensation Plan participants may want to consider using automatic asset rebalancing. An asset rebalancing strategy is a commitment to periodically buy and sell funds to bring an account back to the preferred mix of stock and bond funds, and short-term investments. Making regular adjustments to counteract the effect of market performance differences by selling some of the portfolio’s investments that have performed the best and investing more in areas that have fallen behind can help keep an invest- ment strategy on target. Essentially, rebalancing helps participants stick to their invest- ing plan regardless of what the market does. As with any investing strategy, rebalanc- ing and diversification cannot 10 October 5, 2015 CountyNews •

Affirmative action faces new test CN SPOTLIGHT SUPREME COURT from page 6 (1979), holding that a state may be because in the year she applied, sued in another state’s courts with- UT Austin admitted 21.5 percent states) sued in their state courts. Hyatt out consent. If the court overrules minority students per the Top Ten is important to local governments this case, the question of whether the Percent Plan. who are often sued out-of-state. immunities a state enjoys must be The Supreme Court has held that The Franchise Tax Board (FTB) offered to a foreign local government the use of race in college admissions of California concluded that Gilbert (or state) will be moot. is constitutional if race is used to Hyatt didn’t relocate to Nevada when further the compelling government his tax returns indicated he did and Affirmative Action interest of diversity and is narrowly assessed him $10.5 million in taxes For the second time, the court tailored. and interest. Hyatt sued FTB in Ne- has agreed to decide whether the In the first Fisher case, the court vada for fraud among other claims. University of Texas at Austin’s held that the 5th Circuit, which In Franchise Tax Board of California race-conscious admissions policy upheld UT Austin’s admissions v. Hyatt (2003) the Supreme Court is unconstitutional in Fisher v. Uni- policy, should not have deferred to held that the Constitution’s Full Faith versity of Texas at Austin. UT Austin’s argument that its use of and Credit Clause does not require Even though this case arises in race is narrowly tailored. Nevada to offer FTB the full im- the higher education context, the When the 5th Circuit relooked munity that California law provides. Supreme Court decides relatively at the plan it concluded that it is A Nevada jury ultimately award- few affirmative action cases so all narrowly tailored. ed Hyatt nearly $400 million in are of interest to local governments Only time will tell whether the damages. that use race as a factor in decision- court agrees. The Nevada Supreme Court making. A HIGH POINT FOR THE LUCC SYMPOSIUM refused to apply Nevada’s statutory Per Texas’s Top 10 Percent Plan, Conclusion Members of NACo’s Large Urban County Caucus (LUCC), meeting in King cap on damages to Hyatt’s fraud the top 10 percent of Texas high The court’s docket is only about County, Wash., tour a marijuana production plant during a mobile workshop claim, reasoning that Nevada has a school graduates are automatically half full right now. Interestingly, it at the annual LUCC Innovation Symposium. The site visit, Oct. 2, allowed participants to explore what’s involved in a marijuana producer/processor policy interest in ensuring adequate admitted to UT Austin, which fills hasn’t yet accepted a Fourth Amend- business and hear what lessons Washington counties have learned in redress for Nevada citizens that over- about 80 percent of the class. Most ment or qualified immunity case confronting the process. The recreational use of marijuana became legal rides providing FTB the statutory cap other applicants are evaluated yet, but no term would be complete in Washington state in 2012. Its first legal retail shop opened in 2014. The because California operates outside through a holistic review where without a few such cases. Of interest three-day LUCC symposium focused this year on how counties maintain a the control of Nevada. race is one of a number of factors. to the court may be a case involving safe and secure America. Photo by Hadi Sedigh Hyatt has also asked the Supreme Abigail Fisher claims that using whether cellphone location data may Court to overrule Nevada v. Hall race in admissions is unnecessary be obtained without a warrant.

National Cybersecurity Awareness Month The month of October has been designated National Cybersecurity Awareness Month by President Obama, Learn who recognized the importance of cybersecurity awareness and resiliency. In collaboration with the Department of Homeland Security, NACo will dedicate a webinar each week to a specific theme related to cybersecurity and its ramifications for the public and private sectors Check “Events” More at NACo’s website for webinar registration information. Week One: CREATING A CULTURE OF Week Three: YOUR EVOLVING DIGITAL LIFE during CYBERSECURITY AT WORK Oct. 21 • 2–3 p.m. EDT Oct. 7 • 2–3 p.m. EDT This week’s featured speaker will discuss the future Organizations and employees of both the private of technology and best cybersecurity practices. October and public sectors are accountable for maintaining the protection of sensitive information. This week’s Week Four: BUILDING THE NEXT GENERATION panel of featured speakers will focus on the available resources and education to enhance cybersecurity OF CYBER PROFESSIONALS practices in the workplace. Oct. 28 • 2–3 p.m. EDT This week’s speakers will discuss the importance Week two: CONNECTED COMMUNITIES — of increasing cybersecurity STAYING PROTECTED WHILE ALWAYS CONNECTED awareness in schools at all levels. The promotion of Oct. 15 • 2–3 p.m. EDT cybersecurity education The Internet is always available at our fingertips. will heighten the cyber This week’s panel will focus on understanding the workforce for tomorrow. applications and technology of mobile devices as well as everyday safety tools.

• CountyNews October 5, 2015 11 News From the Nation’s Counties

XARIZONA MOHAVE COUNTY is getting support from neighbor- ing LA PAZ COUNTY and the ARIZONA ASSOCIATION OF COUNTIES in a fight against a proposed water rights transfer that’s now before the state Su- preme Court. The supporters filed a brief advancing the county’s po- sition, havasunews.com reported. The county opposes a mining company’s plan to transfer its wa- ter rights from one location in the county to another site that would serve a copper mine in YAVAPAI COUNTY. Arizona’s Department of Water Resources said Mohave didn’t have standing to object. The Supreme Court agreed to hear the case, scheduling oral arguments for this month.

XARKANSAS Counties are unhappy with an idea being floated by the Gover- nor’s Working Group on Highway Funding: It would make cities and counties responsible for some of the state’s 16,418 miles of roads. “I think the idea of offloading these roads on counties is ridicu- lous,” DALLAS COUNTY Judge XARIZONA Jimmy Jones told KATV News. The solar installation at the City of Flagstaff-Sheriff’s Office Law Enforcement Administrative Facility (LEAF) in COCONINO COUNTY “We have a tremendous amount is one of three solar arrays that came online recently as the result of a public-private partnership between the county and SunEdison. of logging traffic on Dallas County Solar arrays have also been installed at the County Health and Community Services building, and the County Jail and Juvenile Services roads, and that infrastructure is buildings, all located in Flagstaff. The 1.2-megawatt solar installation is expected to generate 2.1 million kWh in the first year, and will offset critical to the timber industry. If at least 30 percent of the county’s electric consumption. our county is mandated to take SunEdison financed the $5.6 million project. The company owns the solar panels and system, and the county leases solar space in parking over those roads, we will simply areas and on roofs in return for the energy produced at a lower set rate over the next 25 years. This is expected to save the county $2.7 million not be able to provide mainte- in energy costs. Photo by Josh Biggs nance.” The ASSOCIATION OF ARKANSAS COUNTIES also opposes the potential shift. XFLORIDA XGEORGIA office. But ANNE ARUNDEL Police Chief Jon Belmar told PINELLAS COUNTY FORSYTH COUNTY has COUNTY Executive Steve Schuh the board that his department XCALIFORNIA could land its third Major proposed new licensing require- is backing legislation that would did not use dogs in that manner, CONTRA COSTA COUN- League Baseball spring training ments for massage parlors and prevent people from growing, despite DOJ’s “strong implication TY supervisors voted to restore complex. The Atlanta Braves, their employees in an effort to processing or dispensing medical that we did.” primary health care services to nine-time baseball All-Star Gary crackdown on illegal activities, marijuana in all zoning classifica- He said he reviewed a draft of undocumented adults living in Sheffield and a local developer mainly prostitution, Forsyth tions. the report that contained informa- the county. That makes 46 of the want to build a stadium, arena, County News reported. Nonbinding legal advice from tion that the police department Golden State’s 58 counties that practice fields and hotels on the At a County Board public the attorney general’s office says “strongly disagreed with.” He offer such benefits to provide non- site of a former landfill. hearing, County Attorney Ken jurisdictions can’t ban those activi- added that DOJ has promised to emergency care to immigrants A county evaluation commit- Jarrard explained the county ties “unless a situation unique to provide an amended copy. who entered the country illegally. tee recently scored the Braves’ would require annual licenses and that county makes one or more The program isn’t full insur- plan tops out of three bids renewals for massage parlors and types of facilities inappropriate,” XNEW YORK ance, KPCC-FM News reported. from developers responding to spas that give massages. according to The Capital. MONROE COUNTY legisla- It will, however, provide access a county request for proposals, Sheriff Duane Piper has said tors may tighten up policies for em- to preventive services, which of- the Tampa Bay Times reported. regulation is needed because XMISSOURI ployee use of taxpayer-provided ficials hope will cut down visits The Braves-led group would stricter ordinances in neighboring The ST. LOUIS COUNTY take-home vehicles. to the emergency room and save purchase the land for $20 jurisdictions are making Forsyth Police Board adopted a policy Announced legislation would the county money in the long run. million, paid over 40 years in County an attractive place to do that bars police from using dogs limit who could be assigned take- “It’s just the right thing to do for $500,000 installments, to create business. for crowd control, according to the home cars and would require people, especially undocumented an “international destination” St. Louis Post Dispatch. The decision employees with county cars to adults who are not covered under for amateur and professional XMARYLAND comes after a post-Ferguson, Mo. submit a monthly accounting of the Affordable Care Act,” said sports. The new facilities could Counties can’t ban medical report from the U.S. Department all miles driven in the vehicles. The Supervisor John Gioia, a key be open in time for the 2018 marijuana facilities, according of Justice (DOJ) that criticized supporter. season. to the state attorney general’s the practice. See NEWS FROM page 12 12 October 5, 2015 CountyNews •

POINT OF VIEW The OMB Uniform Guidance: What It Is and Why It Matters to Counties and Nonprofits

By David L. Thompson effective on Dec. 26, 2014 and tions. Common administrative to reimburse non-federal entities affect program and procurement NATIONAL COUNCIL OF NONPROFITS apply to new or newly-revised procedures, common definitions, for legitimate and necessary in- efficiency. contracts or grants using federal common timelines and common direct costs undermines both the The adverse consequences of Historic grants reforms pub- grant funds. The primary goal cost allocation rules should al- sustainability of the entity doing failure to adequately implement lished by the federal government of the reforms is to provide low everyone to “speak the same the work and the effectiveness of the grants reforms can be severe, in late 2014 are now the law of the consistency in the processes and language” when applying the rules the federal programs. potentially resulting in disruptions land. The reforms apply to federal procedures used in managing to their work on the ground. • Raises the single audit thresh- of service that hurt the public, grant funds that flow to states, federal funds by all federal and • Clarifies direct costs: The old from $500,000 to $750,000, add costs, create negative audit counties, cities and nonprofits non-federal entities. new regulations clarify numerous thereby reducing the costs and findings and delay the realization throughout the U.S. But what systems changes are cost allocation rules and specify administrative burdens for up to of intended benefits of the federal If the federal reforms are needed at the local level? And more costs that are reimbursable 5,000 smaller organizations. grants reforms. implemented as intended, they will these changes ultimately as direct costs. For instance, in • Reduces the complexity in The OMB Uniform Guidance promise to enhance programs and bring about desired improve- certain circumstances, program reporting: The rules simplify and — given the right set of circum- improve the lives of constituents ments or avoidable disruptions administration (e.g., secretarial streamline reporting requirements stances — can deliver on the and communities that counties to operations and programs? The staff dedicated to a specific pro- regardless of the federal funding promise that individuals receive and nonprofits jointly serve. answers to these and many other gram) can be reported as direct, stream. the quality services they need The downside of ignoring the questions are the same for county rather than as indirect costs, and The challenge for counties and when they need them; taxpayers new rules — missed cost savings, governments and nonprofits: It all therefore are recoverable. nonprofits alike is that the federal get full value for the programs they lost opportunities, and embarrass- depends on how the new rules are • Requires payment of indi- government is offering very little are funding, and our communi- ing adverse audit findings and implemented. rect costs: The grants reforms training on how the rules should ties are made stronger through challenges — makes attention to Of interest to counties and require pass-through entities be converted into systems changes. efficient and effective partner- these details a priority for coun- nonprofits providing services on (such as counties) to reimburse Yet, thousands of government of- ships between governments and ties and nonprofits alike. With their behalf, the OMB Uniform sub-recipients for their reasonable ficials and employees working at nonprofits. The National Council those shared realities in mind, Guidance: indirect costs when federal dol- the local, state and federal levels of Nonprofits’ network of state this article provides information • Consolidates and stream- lars are in the funding mix. This are being called on to make thou- associations of nonprofits stands about the new reforms that must lines OMB Circulars: The guid- requirement means that counties sands of decisions and then explain ready to work with counties and now be followed to receive federal ance seeks to reduce confusion, must be paid for their indirect those decisions to thousands of states to promote these important grants that pay for a great deal of inconsistency and compliance costs and, in turn, they must pay nonprofit program, grants and goals through full implementation the day-to-day work we all do. costs by melding multiple OMB nonprofits for their indirect costs contracting personnel. of the federal grants reform. The Uniform Administrative Circulars — including A-87 and on grants and contracts. Without prompt, consistent Requirements, Cost Principles, and A-102 for state and local govern- The requirement reportedly and transparent training, the like- David L. Thompson is vice president of Audit Requirements for Federal ments and A-122 and A-110 for was included in response to numer- lihood is great that there will be public policy for the National Council Awards, commonly known as the nonprofits, and A-133 for both ous government and independent inconsistency, misinterpretations of Nonprofits, the nation’s largest OMB Uniform Guidance became — into one set of federal regula- studies demonstrating that failure and confusion that will adversely network of charitable nonprofits.

such as age, race and religion, the XUTAH The latter goal will involve that requires federal agencies to Day resource News and Observer reported. Ballots that go out to SALT geographic distribution of afford- take into account their actions LAKE COUNTY residents in able housing, preserving affordable on historic properties, the Daily center planned XSOUTH DAKOTA early October will contain an housing where it exists and locating Progress reported. The BROWN COUNTY insert advising voters where they housing close to transit. FERC has the final approval of in Wisconsin Commission’s appeal of a state can get more information about a the proposed 550-mile pipeline that NEWS FROM from page 11 decision on pipeline property quarter-cent sales tax hike for local • Planners in GLOUCESTER could run through Nelson County. taxes may have wide-reaching transportation projects. COUNTY are working on a new policy would prohibit all personal consequences. In its appeal to the State law requires only that set of rules to accommodate large XWISCONSIN use of county-owned cars. Hughes County Circuit Court, educational materials be posted to solar facilities. DANE COUNTY will pur- State Comptroller Thomas Brown County claimed the state the state elections website, but the A proposed amendment to the chase property on which it plans DiNapoli said Monroe County isn’t assessing as much money county will spend $14,000 to print county’s zoning ordinance would to build a day resource center for is the most fiscally stressed local on the pipeline as it should, thus the inserts, and possibly $3,500 allow solar-energy facilities to be the county’s homeless population. government in New York, a condi- depriving local governments of more to mail pamphlets to voters’ constructed “by right” in both The 19,000-square-foot build- tion county officials have said is property tax revenues. homes upon request. industrial and rural countryside ing would have to be renovated and largely the state’s responsibility, It’s the first such appeal in “None of us likes spending districts but would require a condi- would include private offices for due to an overwhelming burden recent memory of the state’s [more] money, but to err on the side tional use permit everywhere else. service providers, meeting rooms, of unfunded mandates, especially authority to assess property taxes of providing more information for It is similar to a small wind energy showers, storage space, laundry Medicaid expenses, The Democrat on pipelines, utilities, railroads and voters is important,” County Coun- facilities ordinance passed several facilities, meals and other services and Chronicle reported. other industries in what’s known cil Chairman Richard Snelgrove years ago, the Daily Press reported. and facilities. It would focus both as central assessment, according told the Salt Lake Tribune. on meeting basic needs and provid- XNORTH CAROLINA to the Argus Leader. • The NELSON COUNTY ing services like training, mental The WAKE COUNTY Board “In my tenure here, I don’t XVIRGINIA Board of Supervisors will ask the health services and drug addiction of Commissioners sharply ex- remember anybody doing it,” said • ARLINGTON COUNTY Federal Energy Regulatory Com- treatment, The Cap Times reported. panded the groups protected Bob Wilcox, the executive director adopted an affordable housing mission (FERC) to ensure the The site sits less than two miles under its employment policy, ban- of the South Dakota Association master plan as part of the county’s proposed Atlantic Coast Pipeline from the Capitol and is accessible ning job discrimination based on of County Officials. comprehensive plan. It’s the culmi- avoids or minimizes impact to via bus and near emergency over- gender identity, sexual orientation, If it turns out that the state nation of a three-year community sites that are listed or eligible to be night shelters, several free meal sites pregnancy, genetics, veteran status has undervalued the energy com- effort and focuses on increasing listed on the Virginia Landmarks and the Madison Central Library. and other characteristics. pany, NuStar’s, pipeline, then it’s the supply of affordable housing Register and National Register of Commissioners said the policy possible that other pipelines and for renters (targeting 22,800 af- Historic Places. (News From the Nation’s Counties is governing the county’s nearly 4,000 industries, which are centrally fordable units by 2040) and owners The board passed a resolution compiled by Charles Taylor and Charlie employees needed modifications assessed by the state, could see (2,700 affordable ownership units), petitioning FERC to comply fully Ban, senior staff writers. If you have because the original protections their tax bills challenged by local ensuring access and contributing to with Section 106 of the National an item for News From, please email touched on only a few categories governments. a sustainable community. Historic Preservation Act of 1966 [email protected] or [email protected].)