By JOHN HOFHEIMER
Leader senior staff writer
Using seldom-exercised executive branch powers, Lonoke County Judge Charlie Troutman on Thursday used his judgment to supersede that of the quorum court and overturned its decision to award the county’s United HealthCare contract to a new agent.
In its regular meeting, the quorum court voted to accept a bid to provide health care to county employees from United, its current provider, but had expressed dissatisfaction with Lisa Jacobs Burgess and the Legacy Capital Group, the county’s current insurance agent.
By a 7-4 vote, the quorum court last week accepted United’s bid but specified Cindy Dixon of the Sellers Group as its agent.
Sellers can provide United HealthCare, but submitted BlueCross/Blue Shield bids for the contract.
The county’s health insurance group plan expires at midnight April 30. Troutman saw no need to change agents.
Some members of the quorum court said they thought Burgess and Legacy Group weren’t very hands-on with helping the county after the contract was awarded. They said they wanted an agent who would be available and check in with the county regularly.
Dixon came highly recommended by White County officials, JPs said.
On Wednesday morning, however, Troutman convened the county court, an infrequently used judicial branch of county government over which he presides. Troutman also presides over the quorum court, which is the county’s legislative branch of government.
Troutman summoned Dixon, who later said she felt attacked and overwhelmed by Troutman’s questions, and also heard from Sharon Moss, the deputy county clerk who works with the chosen health insurer.
“I have just been told that a county court order has been issued naming my firm as the consultant of record,” Burgess emailed
The Leader Thursday morning. “Lonoke County will remain with Legacy Capital Group for the next 12 months.”
No county court order had been issued, Troutman said, but he confirmed that he had made his decision to reinstate her as agent and would file an order as early as Friday.
“I asked myself to have the hearing,” Troutman said.
“A (quorum court) motion to change insurance agents doesn’t compel the executive (Troutman) to do anything,” county attorney Jeff Sikes said Thursday. “I don’t think the quorum court can choose the actual agent. That smacks of an executive branch function.”
As for the judge convening county court without notification and on his own initiative, Sikes said, “That’s the way it usually happens.”
“I informed the Legacy Group that I made a decision (to give them the contract),” Troutman confirmed Thursday morning.
“Next week, someone has to represent Lonoke County employees. At some point the elected county judge has to make a decision. He’s allowed to overturn the quorum court.”
His decision could be appealed to the Lonoke County Circuit Court, but Mark Edwards, a quorum court member and member of its insurance committee, said such an appeal was unlikely.
He said if Sikes thought Troutman had the power, then there was nothing to appeal.
“I do wonder if part of this (is) based on threats Burgess made to various people,” Edwards said. “(Troutman) kind of sprung (county court) on everyone. No one but Alexis Malham was there from the insurance committee.”
“Friday, everyone gets threatening phone calls from Lisa Burgess,” said Malham, head of the county insurance committee.
Malham said she found out by accident and less than 24 hours-notice before Troutman held court. Unlike quorum court meetings, there is no freedom of information requirement to notify the press and interested parties when county court convenes.
Troutman said he made his ruling in county court, rather than vetoing the quorum court’s decision so they could appeal if they wanted to. Had he exercised his veto power, the quorum court’s earliest opportunity to override his veto would be at the regular May meeting, after the contract expiration.
