Prairie Grove 5K Battlefield Run & 1M Yankee Dash

Posted on August 20th, 2009

Ron Stinchcomb at Century 21 is doing a benefit for the Prairie Grove Senior Center. The kick off is going to be the 5th of Sept at 7:30 am, at the Battlefield Park.

Please print some of the entry forms and hand out to some of the folks that would like to do the run. Come support our senior senior and have a blast doing it!

Also, don’t forget about the 58th Annual Clothesline Fair

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Jeffersonian Principals: The New York Times, 1899

Posted on August 19th, 2009

Here is a timely blast from the past from the March 23, 1899 edition of The New York Times that is extremely relevant today. I have added informational links and italics for quotes by Thomas Jefferson.

I highly recommend visiting the links about people mentioned in this story, so many of the people commonly known in 1899 are not very well known today. Pay particular attention to how goodhearted, but socially meddlesome Christians promoting a “Social Gospel” (William Jennings Bryan) played right into the hands of hard core socialists (Eugene V. Debs).

[Update] Sigh, for those of you emailing to tell me that I misspelled “Principals”. I *thought* it was a clever play on words. Because I had linked to the “principal” players in what amounted to, in my opinion, the first step in the Democratic Party’s slide toward socialism. I guess it wasn’t as clever as I thought.

There is a deal of prating in these days about the principles of THOMAS JEFFERSON, the founder of the Democratic Party. Some of the praters understand the political philosophy of JEFFERSON as little as they understand the philosophies of HEGEL and SCHOPENHAUER. Mr BRYAN writes of “Democrats who stand upon the Chicago platform,” and the promoters of the dollar dinner of silver men and Socialists announce that the true Jeffersonian principles are to be honored and expounded at that frugal board.

Upon this fog of ignorance and audacious misrepresentation let us direct some rays of light from the original source. Let THOMAS JEFFERSON speak for himself.

JEFFERSON’S political beliefs were expressed in their most compact and compendious form in his firs Inaugural Address, delivered on March 4, 1801, from which we quote a celebrated passage that ought to be familiar to every Democrat in the country [emphasis mine]:

“About to enter, fellow-citizens, on the exercise of duties which comprehend everything dear and valuable to you, it is proper you should understand what I deem the essential principles of our Government, and consequently those which ought to shape its administration. I will compress them within the narrowest compass they will bear, stating the general principle, but not all its limitations.

Equal and exact justice to all men of whatever state or persuasion, religions or political; peace, commerce, and honest friendship with all nations, entangling alliances with none; the support of the State governments in all their rights as the most competent administrations for our domestic concerns, the surest bulwarks against anti-republican tendencies; the preservation of the general Government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad; a jealous care of the right of election by the people – a mild and safe corrective of abuses which are lopped by the sword of the revolution where peaceable remedies are unprovided; absolute acquiescence in the decisions of the majority, the vital principle of republics, from which there is no appeal but to force, the vital principle and immediate parent of despotism; a well-disciplined militia, our best reliance in peace and for the first moments of war, till regulars may relieve them; the supremacy of the civil over the military authority; economy in the public expense, that labor may be lightly burdened; the honest payment of our debts and sacred preservation of the public faith; encouragement of agriculture, and of commerce as its handmaid; the diffusion of information and the arraignment of all abuses at the bar of public reason; freedom of religion; freedom of the press; freedom of person under the protection of the habeas corpus; and trail by juries impartially selected.

These principles should be the creed of our political faith, the text of civic instruction, the touchstone by which to try the services of those we trust.”

This body of Democratic doctrine has been in the hands of every competent writer of party platforms since the custom was established of making a platform declaration of principles. This “creed of our political faith” was never flouted and repudiated in a convention assembled in the name of Democracy until Democracy was overwhelmed by Populism at Chicago in 1896 [emphasis mine].

JEFFERSON was a believer in a specie currency, gold and silver, coined at a ration determined by their commercial value. Black is not more different from white than that doctrine from the Bryan doctrine of coinage at the arbitrary ratio of 16 to 1. Writing on Sept 11, 1813, to JOHN WAYLES EPPES, JEFFERSON said:

“To trade on equal terms the common measure of values should be as nearly as possible on a par with that of its corresponding nations, whose medium is in a sound state; that is to say, not in an accidental state of excess or deficiency. Now one of the great advantages of specie as a medium is that, being of universal value, it will keep itself at a general level, flowing out from where it is too high into parts where it is lower.”

Every argument that JEFFERSON made against an inflated paper currency of fluctuating value holds good to-day against the silver monometallism of BRYAN. The founder of the Democratic Party declared for a stable measure of value that should be “as nearly as possible on a par” with the measure of value in use in the countries with which trade relations are maintained. Interpreted by its fundamental principle of stability and the plain intent of his language, JEFFERSON’s financial teaching leads straight to gold as the stand and measure of value and can lead nowhere else.

When the upholder of BRYAN and the Chicago platform appeal to THOMAS JEFFERSON as the source of their doctrine and authority they insult his memory and assert an impossible kinship. They attempt to dignify their creed by clothing it with an antiquity to which it can establish no title. If they seek a parentage for their beliefs let them look for it in the Ocala platform and in the utterances of EUGENE V. DEBS.

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Arkansas Blue Ribbon Committee on Highway Finance – August 19, 2009

Posted on August 19th, 2009

Date & Time: Wednesday, August 19, 2009 at 10:00 AM
Location: Room 171 , State Capitol
Agenda: http://www.arkleg.state.ar.us/assembly/2009/Lists/Meetings/Attachments/12054/I7741.pdf
Attachments: none

10:11 am – It looks like this may be my last live blog. I don’t know the details and will have to get back with you later.

10:12 am – Congressman Vic Snyder, 2nd District Congressman is speaking to the committee about Federal Higway Finance.

10:13 am – The federal gas tax has not been increased since 1983.

10:15 am – The Congressman is talking about how the initiative to lower fuel consumption is impacting tax revenues.

10:16 am – President Obama is seeking an 18 month extension, but Highway Commissioner is seeking longer term funding due to planning needs.

10:20 am – There is some discussion of bonding federal highway funding. Also a per barrel fee on crude oil, and a speculative tax on crude oil features.

10:23 am – The ideas mentioned are apparently from Mr. Oberstar. (spelling?) It didn’t sound like Congressman Snyder thought all of them were good ideas.

10:25 am – Rep. Glidewell asked the Congressman Snyder is a change from a per gallon tax to a percent of fuel cost. Congressman Snyder did not think that the public would be receptive currently, but may understand the situation more as time goes on.

10:28 am – I was just thinking, a tax/fee on the crude would be a particularly insidious tax because it would hide the tax somewhat from the end consumer.

10:30 am -Rep. Gary Smith expressed concern about taxing locally produced crude.

10:32 am – Mr. Bill Fletcher is asking Cong. Snyder asking what the probabilty of some of the things mentioned to raise federal highway funds and how much it will mean for Arkansas. Cong. Snyder feels like there is so much going on that there may be delays in addressing it. He said he would look into it and get information to the committee.

10:35 am – Mr. Lambert is concerned that Congress with implement a tax and it impact the the ability of Arkansas to raise taxes for highways. Congressman Snyder says he does not see that happening in the short term.

10:37 am – Rep. Glidewell is asking about the Stimulus funding that was supposed to go to shove ready projects. Congress Snyder said he didn’t think that their was a problem with release of the funds. One of the panelist mentioned that the problem is only 3% was put for highways and infrastruction, then there are also problems with recisions and obligations.

10:39 am – Mr. Mark Sullivan, Senior Advisor at the Office of Innovative Program Delivery at the Federal Highway Adminstration, is currently speaking to the committee.

10:45 am – Late last month congress voted to transfer $7 billion into the Federal Highway Trust Fund. Last year $8 billion was transfer. These transfers were only for keep existing obligations solvent. He says that would lead you to assume that the funding system currently in use by the federal system is exhausted.

10:47 am – The Oberstar bill proposed spending $500 billion over the next six years. The existing level of spending is about $320 billion and the trust fund cannot sustain that, as mentioned above. There will be a need for transfer of about $20 billion from federal general revenue over the next 18 months.

10:51 am – There are apparently two “Blue Ribbon” Commissions at the federal level that have issued two different reports. I can’t seem to find them on the internet right now.

10:58 am – I think that federal bureaucrats should be prescribed for people suffering from insomnia. I wonder how much that would add to the cost of healthcare?

11:03 am – Too much coming too fast. Not much that is not already being discussed on FOX and CNN. Mostly platitudes without taking a firm stand on anything.

11:08 am – Mr. Murphy is expressing concerns about the distribution and has asked Mr. Flowers to come to the microphone to address those concerns.

11:09 am – Mr. Flowers is taking about the funding mechanism available to rural states. He says that we are concerned that decision making is tending to migrate the larger MPO in the larger urban states. He is expressing concerns that mechanisms that have been mentioned do not help rural states like tolling and public private partnerships.

11:12 am – Mr. Sullivan mentioned that 70% for the interstate system exists in rural areas. He seem to reject Mr. Flowers assertion that tolls and public private partnerships would not work in Arkansas. He pointed to sucessful projects of that type in Mississippi and Alaska.

11:15 am – Rep. John Lowery is asking rather than states being required to make up the difference in the funding programs mentioned above that why doesn’t the federal do that instead. He pointed out that Arkansas is required to have a balanced budget, but the federal government has access to the funds. Mr. Sullivan’s answer is not very responsive to the question, he started talking about federal loan programs.

11:19 am – Mr. Flowers mentioned that some of those mechanism are being used for the Bella Vista By-Pass.

11:21 am – Rep. Maxwell is asking about the reasons for considering the various gas taxes. Mr. Sullivan says that most Americans don’t really “see” the taxes associated with the current gas tax, but the per mile tax makes the customer be aware of the direct correlation of “use” to the amount you pay. He is saying that it is probably not feasible in the next 10 years.

11:24 am – Rep. Maxwell is discussing concerns people have about some the issues that may come from a per mile tax. He is asking what they are going to do to educate the public about it.

11:27 am – Rep. Maxwell has requested a couple of copies of the reports mentioned above for the committees evaluation.

11:28 am – Mr. Lynch mentions that all highway miles are not equal and inquires if the weigh of the vehicle would calculate into the amount paid per mile. Mr. Sullivan said that he had seen that in one study. He stated that the trucking industry feels that it pays its fair share with various taxes and fees.

11:31 am – The subcommittee appointments were made. These subcommittee are where the action will really start, you will probably see the establishment of a monetary “goal” of how much money to raise.

11:36 am – I do not have the attachments to the agenda. I will see if I can get the committee assignments to you later.

11:38 am – Senator Capps that they will soon for a “Public Information and Promotion Committee.” Hoooo boy! Don’t get me started. I am probably already in enough “trouble.”

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3rd Annual NWA Emergency Preparedness Fair

Posted on August 15th, 2009

The 3rd Annual Emergency Preparedness Fair will take place Saturday, September 12th,
2009 from 10 am to 3 pm at The Church of Jesus Christ of Latter-day Saints at 1101
McCollum Dr. in Bentonville.

Click here for more information or on the net at www.nwapreparednessfair.com

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DEADLINE REMINDER: Rural Fire Protection Program (RFPP) Grants

Posted on August 15th, 2009

All of the eligible fire departments in my district were mailed this 2009 Rural Fire Protection Program Grant Application. This is a reminder to get those applications in. If you have lost your ORIGINAL Two-Sided Application, please contact Mr. Charles Gangluff, Manager of the Rural Fire Protection Program. (Contact information is in the scanned and linked Grant Application Package above)

The Arkansas Association of Resource Conservation and Development Councils (AARCD) is now accepting Year 2009 grant applications for the Rural Fire Protection Program (RFPP). Participating fire departments are encouraged to return a grant application. A list of items to be considered is enclosed with this packet. The final deadline for returning grant applications will be 5:00 p.m., Friday, September 18, 2009 at the Program Manager’s Office. Only original application forms will be accepted. Forms that have been altered or reformatted will not be accepted. Faxed copies will not be considered.

Return your application as soon as possible. If an application is received before the early deadline of September 4, 2009, we will attempt to contact the fire department and return the application if we find a mistake or missing information. Applications received after September 4, 2009 will be submitted as is.

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Notice of Availability of Funding for the Rural Services Block Grant Program

Posted on August 15th, 2009

This is to announce funding availability through the Rural Services Block Grant Program (RSBGP) funded
through HUD’s Small Cities Community Development Block Grant Program and administered for the State of
Arkansas and the Department of Rural Services through a partnership with the Arkansas Department of
Economic Development.

Who is Eligible to Apply for Funds from the RSBGP?

• Incorporated and unincorporated cities and towns in RURAL Arkansas with less than 3,000 people
  (verifiable by current US census information)
  
• Population must be at least 51% low to moderate income (LMI). A list of Arkansas communities under
  3,000 in population and at least 51% LMI are included with this letter. A complete list of Arkansas
  community LMI percentages is available on our website at www.arkansas.gov/drs.
  
• The census does not track LMI for unincorporated areas, so they must conduct a door to door survey to
  determine their LMI.

What Types of Projects are Eligible?

• New construction or renovation of community centers, fire stations, or multi-purpose use buildings
  (community center/fire station) for the betterment of the community;
  
• The purchase of firefighting vehicles, specialized life-saving equipment such as “jaws of life” and
  protective clothing worn by fire fighters.

For more information and to see if your city or town qualifies, please click here.

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Arkansas Legislative Council Personnel Committee – August 14, 2009

Posted on August 13th, 2009

Date & Time: Thursday, August 13, 2009 at 10:00 AM
Location: Room 171 , State Capitol
Agenda: http://www.arkleg.state.ar.us/assembly/2009/Lists/Meetings/Attachments/12013/I7714.pdf
Attachments: none

This committee reviews matters regarding the State Uniform Personnel Classification and Compensation Plan; matters pertaining to the adequacy of position classification and pay schedule of state agencies and institutions; matters which require Legislative Council advice in regard to the administration of the State Personnel Classification and Compensation Plan; matters pertaining to the duties of the General Assembly to establish the maximum number of employees; and the maximum annual salaries of all officials and employees of state government shall be referred to this committee.

10:05 am – Meeting called to order by Rep. Wells and Sen. Faris. Currently reviewing monthly reports. I asked questions about Monthly Employment Reports not recieved from various agencies. There are reports still outstanding from April 2009.

10:07 am – Exceptionally well qualfied special entry rates were reviewed for Alicia Rucker, the Rehabilitation Director for AR Rehabilitation Services for $84,500.

10:10 am – AR Dept of Information Services requested a Website Developer, Grade C118. Rep. Andrea Lea asked about inhouse and subcontracted web development.

10:13 am – AR Building Authority requested a Building Maintenance Specialist, Grade C115 (2 positions) Reviewed without question or comment.

10:14 am – Pay Plan Correction Pool Postions reviewed without questions or comments, except for clarification from Rep. Lea confirming that the changes do not impact the budget. She had asked for agenda attachments to provided in advance. They were not.

10:17 am – Temporary Transistion Poll Positions passed over on the agenda.

10:18 am – AR Tech University has requested 25 positions for Graduate Assistants for $20,940 each and an Assistant Director of International Programs for Programs for $66,307. This is due to a rapid growth in international enrollment. No questions or comments from the committee.

10:21 am – The Salary Administration Grid is being review. Sen. Teague is asking question about the grid, he wonders if it allows agencies to circumvent the career service pay plan. The response was that it still stays within the law, but allows some flexability. Sen. Faris clarified that the committee’s approval is required. I get the feeling that neither Sen. Teague or I have a complete understanding what is going on with the grid. This will be something to follow up upon.

10:28 am – The stack of paper that we are presented with AT the committee meetings are often the size of a large book. We are expected review the material, having never seen it before, in a period of minutes. It would be a good transparency initiative to require this information to be made availiable a predetermined time before the committee meeting. Even better would be to put the information on the web so that constituents could see it also.

10:35 am – Reviewed Compensation Differentials for AR Dept. of Agriculture, Livestock and Poultry Commission On-call Compensation, the AR Dept of Correction Education Compensation, AR Dept of Community Correction Certification Compensation, and Dept of Workforce Education – AR Rehabilitation Services Foreign Language Compensation without question or comment.

10:39 am – The atmosphere in the room is very mellow today. Legislators are tired. Meetings have been at various points around the state lately meaning a lot of travel and constituents have rightfully been demanding more from their legislators.

10:45 am – Rep. Lea, Rep. King, and myself asked additional questions about getting agenda attachments in advance.

10:48 am – Currently reviewing Special Language Provisions. Rep. Green is asking what happens to the employees when the grant approved in the special language runs out. Apparently the employees are aware that it is temporary, and if they are retained on a full time basis their position will appear in the next budget as new positions. There is some tricksy stuff that goes on in “Special Language”, legislators are always especially suspicious of the activities funded that way.

10:53 am – We are currently reviewing the Miscellaneous Federal Grant Program Appropriation for Disabilitiy Determination for Social Security Administration. Federal funds always come with strings attached, Sen Faris has called an expert to explain this program. Apparently Arkansas is one of 5 states chosen to be “super administrators” due to superior past performance. Arkansas is the only state that put pre-conditions on the federal government and was given a great opportunity as long as it does not mess up the agency’s ability to serve Arkansas. Senator Faris is praising the job Mr. Boutiette is doing. (Yes, I had to ask how his name was spelled.)

11:03 am – Sen. Luker is making the point that this might be a good opportunity for the state. It seems that the praise for Mr. Boutiette is well deserved. Mr. Boutiette currently answering very detailed questions from the committee in a very open and knowledgable manner. Usually directors have to get employees to answer these type of questions.

11:12 am – Salary Adustments of Circuit Court Staff and Special Entry Rate Report reviewed without question or comment.

11:13 am – Committee adjourned.

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Five Conservative Ideas for State Level Healthcare Reform

Posted on August 12th, 2009

Let me start by saying that I believe that our first order of business in discussing healthcare reform is to make a commitment to preserve State’s Rights regarding Federal Health Insurance Exchanges (FHIE) and a Public Plan.

In order to address the inevitable demagogues and leftist simpletons let me be clear about the fact that I share the goal that patients deserve to choose their own quality, affordable, private health coverage. Second, I believe that the criticism directed at conservatives for not offering a Federal plan on health care is invalid if you believe, as I do, that the U.S. Constitution specifically delegates that responsibility to the States. While I admit that we are, here and now, faced with a situation that that is less than ideal from a Constitutional perspective and some compromise is inevitable, the direction of compromise of conservative Congressmen and Senators should not be a slower pace toward socialized medicine, but instead restoring power to the states. That develops a “policy laboratory” where health care reform plans succeed or fail based upon their validity.

If liberals think their ideas are the best, then they have nothing to fear, socialized medicine will succeed in the states based upon its merits. Perhaps they could try it in a state that has the most millionaires or highest per capita income. If it can’t succeed in a state where all the rich people live, how could it succeed when you include the poor states? Besides, poor southern states could stand to benefit from the droves of businesses moving in to avoid the excessive taxation and oppressive regulations that would inevitably result.

This is the beauty of the American system: Success and failure, living and dying, is not decided by the whims, bribes, or folly of some far-away nameless, faceless, unaccountable bureaucrat; Success and failure, living and dying, is decided by the animating contest of life as a free person, that at least to some degree, depends upon how hard you fight. Remove a human from that “animating contest”, and you take away what it means to be alive… you end up with Marcus’s One-Dimensional Man. At best, President Obama’s health care reform will create a “Comfortable Unfreedom”, at worst we end up with tyranny trying to enforce an unworkable and unsustainable economic failure.

Here is my advice at the federal level:

• I urge Congress not to create a new federal health insurance “exchange” or “connector” and not to create a new government-sponsored health insurance plan (“public plan”). I will try to discuss the problems with each of these in future posts.
  
• I think conservative Congressmen should invoke the Tenth Amendment to the Constitution in calling the national health insurance exchange a “federal takeover” of the states’ role in regulating health insurance.
  
• Conservatives should call any creation of a new federal system of regulation for health insurance exactly what it is… “inefficient, unnecessary, not cost-effective, and an additional burden on the health care delivery system.”
  
• I call on Congress to recognize that a public plan would not improve competition, but would “result in an unlevel playing field that would shift costs to the private sector and undermine private plans.”

Five Conservative Ideas for State Level Healthcare Reform:

• Freedom of Choice in Health Care Act: Preserves patient rights to make health coverage decisions in the state constitution. [Introduced by seven states in the 2009 session.]
  
• Health Care Choice Act for States: Allows patients to purchase quality, affordable health coverage across state lines. [Introduced by 10 states in the 2009 session.]
  
• Health Care Tax Relief Equity Act: Promotes tax equality by providing state tax credits for both the purchase of individual health insurance policies and out-of-pocket medical expenses.
  
• Affordable Health Insurance Act: Provides state tax breaks to individuals, businesses, and insurers who buy/sell high-deductible health plans. [Enacted in Georgia in the 2008 session.]
  
• Mandated Benefits Review Act: Provides an institutional check on costly health insurance mandates that keep people uninsured. [Twenty-nine states have enacted this legislation.]

I will provided detailed information on these five ideas in upcoming posts.

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Arkansas Legislative Council, Administrative Rules and Regulations – August 11, 2009

Posted on August 11th, 2009

Date & Time: Wednesday, August 11, 2009 at 9:00 AM
Location: Room 151 , State Capitol
Agenda: http://www.arkleg.state.ar.us/assembly/2009/Lists/Meetings/Attachments/12001/I7704.pdf
Attachments: none

This committee reviews matters regarding administrative rules and regulations by state agencies, boards, and commissions for Legislative Council review, as required by A.C.A. 10-3-309; and such other matters pertaining to administrative organization, rules, regulations, and procedures as may be assigned to the committee by the Legislative Council.

9:12 am – Committee meeting got off to a late start. Agenda is out of order. Lt. Lindsey Williams of the Arkansas State Police, State Fire Marshal is current informing the committee that the state code will not require fire sprinklers for new one and two family dwellings. Great decision. As a professional engineer that has been involved in this debate within my own profession, I am glad to see that this is not going to become a requirement in Arkansas.

9:19 am – Senator Percy Malone is questioning why the new rule and regulation is informing City and Counties of the right to pass local regulations when they already know they have that right.

9:23 am – The cost of implementing sprinklers often have hidden costs beyond the basic cost of the system, including structural changes to create conditioned spaces for running wet pipe systems, the requirement for engineering design work where residential contruction rarely requires it.

9:29 am – Statistics show that there is not a substatial number of lives saved by sprinklers and smoke alarms over smoke alarms alone. It can be shown that there are substantial reductions in property damage therefore I am sure that the free market will cause this to become common practice due to insurance rate reductions.

9:38 am – The committee reviewed the rule as was amended to remove unneccessary statements.

9:41 am – Randy Young of the Natural Resources Comission is currently discussing new rules concerning the utilization of surface water. The rules are concerning minimum stream flow for the White River. This will impact farmers who need use that water for irrigation purposes. Mr. Young said that limits were set to balance environmental concerns with agricultural interests.

9:44 am – The ARKANSAS LOTTERY COMMISSION LEGISLATIVE OVERSIGHT COMMITTEE is currently going on in Room 138. Too bad I can’t be in two places at once.

9:46 am – Jennifer Jones Taylor, Arkansas Alternative Dispute Resolution Commission, is currently presenting three new rules concerning continuing mediation education requirements for Certified Mediators, minimum standards for mediation training, and requirements for the certification of mediator for Arkansas Circuit Courts.

9:49 am – The new rules include new fees or fee increase. Senator Percy Malone is questioning the authority of the agency to create fees without legislative approval. He is exactly correct. This is a dangerous precident for an agency to perform this task.

9:52 am – Matthew Miller, an attorney from the Bureau of Legislative Research is explaining that there is nothing in the code that allows them to do this, but courts might say they may have broad authority to do it. He explained that this is an area that the legislature should make more clear. If you don’t like being nickeled and dimed by your government, you might ask your legislator to clearly define what fees an agency may establish or increase and prohibit any that are not specifically defined.

9:57 am – In the era of term limits with decreasing legislative authority and increasing bureaucratic authority, this is an important discussion. When the bureaucrats gain access to funding and the ability to increase their funding without accountability to voters or their elected representives, a severe imbalance of power results.

10:00 am – Some legislators in the past have welcomed the ability of an agency to raise funds independently because it insulates them of the political cost of voting for a tax or fee increase.

10:10 – The fee increase rules were held for further review.

10:11 am – Shelley Lee of the Department of Human Services, Developmental Disablities presented DD Policy #1089 which was reviewed without question or comment. She asked to skip over DDS Policy #1086, which means it probably had a fee increase and did not want to deal with the same questions of the last presenter.

10:13 am – Jeff Wood (former State Rep.) attorney for the Dept. of Human Services, Medical Services presented new rules that were reviewed without question or comments.

10:15 am – Jon Fitch of the Livestock and Poultry Commission is presenting a new rule to require Trichomoniasis testing for Bulls. Apparently the time requirement will be about 30 days and about $60 per animal.

10:19 am – Maurice Rigsby, Deputy Director at the AR Oil and Gass Commission is presenting two new rules one concerning natural gas production reports and back pressure tests for natural gas production. Senator Percy Malone ask how producers will get the information in time since the rule will go into effect very quickly. Mr. Rigsby pointed to the public comment period.

10:23 am – Butch Calhoun of the AR Dept of Rural Services is presenting new rules for GIF Grants. Information questions being asked, some not necessarily pertaining to the rule. Rules stand reviewed.

10:26 am – Wanda Hayes of the Arkansas Sentencing Commission is implementing rules created by legislation during the last session. Those rules were reviewed without question or comment.

10:27 am – Senator Hendren asked about event vendors requirements for the Dept. of Health. Apparently, the new rules are for informational and training purposes. They are not being punitively enforced.

10:31 am – Committee Adjourned. Headed over to the Lottery Oversight meeting.

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Joint Performance Review (JPR) – August 10, 2009

Posted on August 11th, 2009

Date & Time: Wednesday, August 10, 2009 at 10:00 AM
Location: Cummins Correctional Unit, Grady
Agenda: http://www.arkleg.state.ar.us/assembly/2009/Lists/Meetings/Attachments/11999/I7697.pdf
Attachments: none

This committee has the authority and responsibility to make random and periodic performance review of specific governmental programs and agencies; Conduct investigations into specific problem areas of the administration of state government as may be brought to the attention of the committee; Refer specific problems regarding the operation of state government to appropriate interim committees of the General Assembly for continuing study; Conduct hearings on citizen complaints and views regarding the operation of state government and serve as a forum for citizens to air their complaints and suggestions regarding the operation of state government; Review the expenditures of the various agencies, departments, and programs of state government to assure that they are being administered in accordance with legislative intent and are being administered in such manner as to provide the taxpayers with the greatest service at the lowest reasonable cost; and make reports and recommendations to the Governor, the General Assembly, and the Legislative Council as the committee deems necessary or appropriate to promote more effective and efficient operation of state government. (A.C.A. 10-3-902)

10:07 am – Senator Farris called the meeting order with a few comments, Rep Steve Harrelson and Senator Altes declined additional comments. Representative Rick Saunders, as usual, didn’t miss the opportunity to speak to a crowd.

10:09 am – Benny Magness, Chairman of the Arkansas Board of Corrections is welcoming us to the Cummins Unit and is providing background about the Department of Corrections and the Board of Corrections. He mentions that the Department of Community Corrections handles parolees and also the DOC School District.

10: 11 am – Mr. Magness is briefly talking about the members of the board. David Gunthar – Director of Community Corrections. Dr. Allen is the head of the school board.

10:13 am – Mr. Magness said “The Arkansas Correction System has won the “Eagle Award” which has only been awarded to twelve other states. Our correctional/prison systems is in the top echelon.”

10:14 am – Mr. Magness is giving a brief overview of the recent escape and providing a lead in for a more details accounting that will be presented to the legislators.

10:15 am – Am I the only one that finds it humorous that we finally have a bunch of politicians exactly where a lot of people in this state want them… in a prison. Hey, as least we aren’t like New Jersey politicians, a bunch of those guys should be in prison for an extended stay.

10:16 am – Larry Norris introduced Wendy Kelly, Deputy Director of the Cummins Unit who is not giving a detailed accounting of the recent escape. When I say detailed, I mean DETAILED! The prisoners while doing work in the prison discovered the uniforms in a closet during the course of normal work detail. There was several levels of security breached by doors were remotely unlocked by guards as the prisoners in guard uniforms moved to exit the facility.

10:23 am – Representative Dismang is asking how it was determined that there were not employee collusion to assist in the escape. The complexity of the failures seem to indicated that it would be highly unlikely, but Ms. Kelly said that extensive interviews with “voice stress” analysis was performed.

10:29 am – Senator Pritchard asked how many guards are leaving and arriving at a shift time. The response was “around fifty”. (I am not disclosing the exact number that was given.) The shift change is not a mass change because each guard does not leave duty station until the relief has arrived and all “hand off” information is exchanged.

10:30 am – Representative John Edwards was asking about training requirements. He seemed to be asking if the escape due to lack of training. The training requirements seemed to extensive, and Ms. Kelly said that it was a matter of a lack of complacency.

10:33 am – Rep. Ann Clemmer is asking about the accounting and storage for the uniforms. Apparently the uniforms were put together for display and training. Otherwise they would not have had all their patches on them. Most uniforms that were manufactured here do not have patches and the patches are not manufactured here.

10:34 am – Rep. Rice asked about why the keys were left in the car that was supposed to just be a drop off for cigarettes.

10:35 am – Senator Jimmy Jeffress is asking about where the inmates got the cash to get gas they put in the car.

10:36 am – Senator Hendren is asking about the six correctional officers that were dismissed. There was a captain who had 24 years in service. Most of the other employees had three to eight years.

10:39 am – Representative Kidd is asking about why murders would have that much freedom to store stuff and freedom of movement. The response is that the escapee has a clean record in prison and has worked through a process that allowed that amount of access.

10:42 am – Senator Sue Madison is asking the access to contraband, particularly cigarettes. Mr. Magness is explaining just how much of a problem this is and some of the measures being taken to stop the flow of contraband.

10:44 am – Rep. Dismang is concerned about how proactive the Department of Correction is being to stop an escape. He stated that he recognized that prisoners has 23 hours a day to try to figure out how to beat the system, but the recent escape had long long series complacency mistakes. Rep. Dismang asked if there was any kind of “tests” of the system run periodically to help maintain diligence and identify problem areas. The answer was rather unresponsive.

10:51 am – I followed up with a more direct question asking if the system was tested without the the employees knowing that a drill was occurring. The response was negative, but they do conduct drills. An employee is never complacent during a drill, while a drill serves to train, it does not serve to identify problems of complacency.

10:53 am – Rep. Burris followed up asking why that sort of testing was not occurring. The initial response was that sort of testing could get someone shot, tazed, or maced. So does every person that walks up to a checkpoint get shot, tazed, or maced? Under further clarification from Rep. Burris, Mr Norris then said that they are currently “discussing” doing those sort of tests.

11:01 am – Rep Davy Carter issued an apology for a misunderstanding to Warden White prior to asking a follow up question about contraband, particularly drugs, and the addiction rates of prisoners. We will be briefed on this further later.

11:03 am – Gaylon Lay, Warden of the Cummins Unit is taking about new procedures put in place due to the recent escape. You can guess at the type of solutions, I don’t think I will make those details public.

11:08 am – Deputy Director Larry May is making a presentation about biometric systems discussing the strengths and weaknesses of each type.

11:10 am – I cannot get a cell phone connect nor a net connection, so this will all be posted this evening. I hope you don’t mind that it is not “live.”

11:13 am – The presentor is talking about the future plans to implement RFID and biometrics for each person that may enter and exit the prison. There has been a grant received for about $500,000 for RFID at the maximum security prison. (I think he is referring to the Varner Unit.)

11:19 am – Larry Norris is discussing the history of Cummins. He said that back in the 70′s the Cummins Unit used to be called “Comings and Goings” because of all the escapes. But he points out that is not the current situation. He is correct when he says that, the statistical research that I have done shows a very good job in comparison to other states. That does not mean there are not some areas in need of improvement, i.e. addressing the apparent complacency that led to the escape.

11:27 am – Rep. Burris is pointing out the conflicting statements by the Warden, Director, and Chairman of the Board about mock escapes. He is visibly agitated and rightfully so. The legislators need to be getting consistent information. Mr. Magness states that “under no situation will we be doing mock escapes” which was counter to what Mr. Norris stated earlier.

11:32 am – I had been rather satisfied with the proposed measures except for the failure to create a concrete method of evaluating complacency. Now however, I believe that there are some issues that the legislators need to be chasing with renewed vigor.

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