Benton County officials delay action on jail fees

BENTONVILLE -- Benton County's justices of the peace agreed Thursday to delay asking the state for more money for housing inmates in the County Jail, hoping to build a coalition to lobby for higher fees

The county's Legislative Committee has discussed the need to increase the fees paid by the state for housing inmates in the county jail -- now $28 per day -- several times but has taken no action. Legislation pending in Little Rock would increase the amount to $30 per day, which the justices of the peace agreed is better but insufficient.

What’s Next

The next meeting of the Benton County Quorum Court has been moved to March 19 after several justices of the peace asked that the meeting be rescheduled to accommodate travel plans during the spring break week for most local schools. The meeting will be held at 6 p.m. in the County Administration Building, 215 E. Central Ave., in Bentonville.

Source: Staff Report

"I've talked to the Association of Arkansas Counties and they say raising the state fee to $30, they've pretty well got that done," Kevin Harrison, justice of the peace for District 5 and committee chairman, said during the discussion.

Harrison said the state is also looking at shifting some Arkansas inmates to prison space in Bowie County, Texas, and paying that county at a rate of $36 per day. He said Arkansas counties need ore money and certainly not less than Arkansas is willing to pay another state.

"If the state is paying Texas $36 per day why not pay the counties?" he asked.

Harrison said he wanted Benton County to make it clear to area lawmakers the needs of this state are more important.

"I think it's important for our state legislators to know how we feel about our state paying Texas more money than they pay us," he said.

The justices of the peace discussed the cost for housing inmates and asked Brenda Guenther, comptroller, to prepare a report providing that information. The committee also agreed to wait on any formal action by resolution or ordinance until the Association of Arkansas Counties has time to work on a program of its own. Harrison said AAC officials told him they were working with city officials and state legislators and would have a plan by mid-year.

Susan Anglin of District 9 said working with the legislators is something she thinks the county has neglected in the past.

"I don't feel like we as a committee or the Quorum Court have done a real good job building relationships with our legislators," Anglin said. "We need to have them here before us to discuss this after the current session is over. This is their problem. they're giving us $2 more a prisoner is not an answer. They act like it's a gift to us. to me, it's a shame."

The committee also discussed raising the fee the county charge cities for holding municipal prisoners in the jail from $40 per day to $50. The panel voted to send an ordinance to increase the fee to the Finance Committee for consideration.

The committee also discussed pursuing legal advice on a possible challenge to the distribution of the county's road millage revenue. Most cities in the state receive 50 percent of the county road millage revenue collected inside their city limits and the county receives 50 percent. In Benton County, Bentonville, Rogers and Siloam Springs each receive 90 percent of the county road millage revenue collected inside their cities.

A challenge to that distribution formula was rejected by the state Supreme Court in 2008, leaving the cities the bulk of the revenue from the county tax. The justices of the peace said they would be willing to have the county judge hire an attorney to review that case and state law to see if there are grounds for another challenge and sent a resolution on the the county's Committee of the Whole for discussion by all 15 of the county's justices of the peace.

Harrison said the county should at least have someone review the situation.

"Just to find out is there any merit to it," he said. "If there's not, fine, we're done."

Shirley Sandlin of District 8 said the final decision will be up to County Judge Bob Clinard.

"The judge has the authority, if he feels this can go anywhere, to go get an attorney to review the whole history of this and see if he wants to pursue it any further," she said. "I would recommend leaving it at that."

The committee also discussed a pair of bills pending in the state Senate that purport to enhance private property rights. The justices of the peace said they need time to review Senate Bill 333 and Senate Bill 757 and consider their potential impact on county government before they are adopted. They endorsed a motion to have George Spence, county attorney, draft a resolution asking legislators to send those bills to committee for more study and delay action on them at least until the 2017 legislative session.

NW News on 03/13/2015

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