I would like to comment on the jail fees issue regarding the County and the citizens of Blytheville and to give you my view on such an important question. I am not writing this in order to try and persuade you to see this question in one-way or the other. I only hope to shed some light on how the County arrived at the method of funding the expenses for operating a jail.

First let me say, I believe we all pay too much of our income towards taxation and the intrusion of government in our daily lives have stifled our competitive edge in our economy. I believe that less government will be one of the key factors that will allow our economy to repair itself. Both federal and state law makers continue to place mandates on county entities that require more money to fund the services that the County provides to the citizens. Less government will mean fewer taxes.

However, more importantly, the question focuses on the hotly debated issue of whether or not it is fair for the citizens of Blytheville to pay sales tax and daily fees to house inmates, “while other citizens of the county do not.” The quarter-cent sales tax is Countywide and we all pay to fund the operation and maintenance of the County jail in that manner. In addition to that, each incorporated municipality who chooses to have their own law enforcement and courtroom may be subject to the daily fee charged by the County to house those offenders of misdemeanor violations. The standard for which the county has used to determine if it is sensible to charge a daily fee for housing inmates is resolved by the question of whether or not the municipality arrests, adjudicates, collects and retains a monetary fine. If the answer to that question is yes, and the municipality retains possession of the money collected in the way of fines, then the County’s position on the issue is to require the municipality to help defray some of the expenses incurred in the operation and maintenance of the jail. One exception to this is the city of Osceola, where they operate and maintain a city jail in which they arrest, adjudicate, collect fines, and house inmates. The citizens of Osceola are subject to the sales tax that supports our county jail, but they do not pay a daily fee for prisoners because they do not incarcerate offenders in the county jail.

This daily fee originated in County ordinance 0-2001-18 and amended in County ordinance 0-2008-13. These ordinances were put before the quorum court for passage after reviewing section 12-41-506 of the Arkansas code. A point that illustrates the question lies in how law enforcement operates in Independence County, Arkansas, where Batesville is the County seat. There, the County employs all of the law enforcement, adjudicates the offenders and collects the fine money. The County charges no fees for housing inmates arrested within the corporate city limits of any municipality.

I believe that the real and concrete substance of the question comes down to two essential points. The first one is who retains possession of the fine money and the second one is whether or not it is fair that the citizens of a municipality are taxed twice for the same service provided by the county. It is my understanding that the county inclines to the view that if revenue is generated from the arrest and adjudication of an offender that is housed and provided for by the Mississippi County jail, and that revenue is retained by the city, then it is prudent to charge a portion of the costs associated with the upkeep of the prisoner. It is further my understanding that this point of view has been accepted in part, to keep municipalities from “dumping” offenders into the jail system and keeping them there until their fines are paid and the city collects the money. The county does not view the jail as a revenue maker, but rather a means to keep crime to a minimum. The costs associated with the Mississippi County jail are increasing each year, and as the number of jailed inmates increases, so does the expense. The quarter-cent sales tax alone does not generate enough revenue and will not support the operation and maintenance of the jail. The second essential point in this matter is whether or not it is fair that the citizens of a municipality are taxed twice for the same service provided by the county. I believe this happens in other situations as well. For instance, the county landfills. Tipping fees are required from individuals and municipalities alike. County taxes in other forms may also at one time or another be used in the upkeep and operation of the landfill. The county roads are funded not only by state highway use tax incurred at the pump, but also personal property taxes as well.

The 2009 budget for Mississippi County estimates expenditures for the jail to be $2,859,673.00 slightly lower than last years amended budget of $2,876,523.00 and the dedicated jail portion of the sales tax revenue estimated for 2009 is $1,725,000.00 leaving a deficit of $1,134,673.00. This deficit is serviced through daily jail fees and additional monies transferred from county general. The amount I estimated to receive from the city of Blytheville for their inmates’ daily fees in 2009 was $146,000.00. This amount plus daily fees received from the state of Arkansas, Gosnell, Manila, Leachville, Joiner and Dell total $313,800.00, this reduces the deficit to $820,873.00 of which will be absorbed by county general.

The question asked if I think its fair for the citizens of Blytheville. I believe it’s not fair to the people that this problem continues to remain an obstacle in our path. I think it’s disturbing that the city leaders of Blytheville and the county officials cannot come together to resolve this issue. It troubles me to read in our newspapers the cutting remarks made by both these entities and directed to each other. This is not productive. This will not help our area in the State to grow and prosper, but will hold us behind in accomplishing our goals of providing a more enjoyable living environment, both to the citizens currently living here and those considering moving here. I urge the City of Blytheville and the County to come together and put this argument behind us. We all have faced problems in our lives that sometimes seem insurmountable. And we all have felt at one time or another that we are right ( even when we are sometimes wrong) and will not concede even to the point of losing more in a battle to prove our point. This type of thinking is not good leadership. We should find a way to resolve this because we owe it to the citizens we represent. We owe it to our neighbors, our children and our constituents. We owe it to those who live down the street and across the County, both in municipalities and those in the rural areas. The best we can be is to serve a goal larger than ourselves. We owe it to those that will live in our future and what we accomplish now will affect them.
Sincerely,
John Alan Nelson