With the uproar over new Common Core standards leading some states, including Indiana and soon Oklahoma, to repeal all or part of the standards, local education administrators are defending the educational standards.

And the defense will only ramp up as more and more anti-Common Core groups voice their opposition to the program, including the group Arkansas Against Common Core.

According to the group's website, the group is seeking a reversal of Common Core standards in Arkansas because they say it will "Institute national control of curriculum, require $139 million to implement in (Arkansas), lower quality standards, provide parents and school boards no recourse to influence content or standards, undermine the U.S. Constitution’s 10th Amendment authority of states over education," and "institute a massive national student tracking initiative."

A summer 2013 editorial at rethinkingschools.org alleged that the development and implementation of Common Core have been flawed from the start.

“For starters, the misnamed ‘Common Core State Standards’ are not state standards. They're national standards, created by Gates-funded consultants for the National Governors Association (NGA),” noted the editorial. “They were designed, in part, to circumvent federal restrictions on the adoption of a national curriculum, hence the insertion of the word ‘state’ in the brand name. States were coerced into adopting the Common Core by requirements attached to the federal Race to the Top grants and, later, the No Child Left Behind waivers.”

The rethinkingschools.org editorial concluded with this: “Unfortunately there's been too little honest conversation and too little democracy in the development of the Common Core. We see consultants and corporate entrepreneurs where there should be parents and teachers, and more high-stakes testing where there should be none. Until that changes, it will be hard to distinguish the ‘next big thing’ from the last one.”

COMMON CORE SUPPORTER
But according to Dr. Benny Gooden, superintendent of Fort Smith Public Schools, the assertions of Common Core detractors are simply not true and he said the Common Core standards are good for Fort Smith and all other school districts across the nation.

"Absolutely. We've got far too much invested in moving that direction. But there is nothing inherently evil about the common core. That whole initiative started with the (National) Governor's Association (Center for Best Practices) and the (Council of) Chief (State) School Officers."

He said the two associations developed the curriculum in order to create a set of standards that were uniform across the nation as American society becomes increasingly more mobile, resulting in students sometimes moving from state to state. But he was firm that each state is free to either adopt the standards or not, adding that fear of a federal takeover of local schools was unfounded.

While Gooden says Common Core standards are good for the nation and for local districts in this area, including his own, he said implementation has not been without hiccups.

"My take is they rushed the development of the standards and didn't involve enough grass roots across the country," he said, adding that much of the work was handled by the Bill and Melinda Gates Foundation due to the level of funding required to establish the standards, though he was quick to say he was not criticizing the foundation or the curriculum.

"But what happened is they did it in a hurry. They would have been better served to lengthen the process to work with real teachers ... and gone through a little more participative process then they did. It might have ended up at the same place, but I think there would have been better acceptance."

‘GROWING PAINS’
Dena Ross, executive director of instructional services at Bentonville Public Schools, equated any problems with Common Core standards simply to "growing pains."

"I think there are growing pains with any new initiative," she said. "I feel with any set of standards or framework, they're neither good or evil. It's what you make of them and what the expectations are. Common Core standards are more rigorous, in depth in terms of student content than what the Arkansas standards were (previously). I don't think you'll find someone who disagrees."

Ross was quick to add that while the standards are more rigorous, the schools themselves are not expecting students to learn any additional content, but instead the students are expected to use more depth in the learning process and are expected to display that through evaluative tests.

As Gooden explained, it is more than bubbling in some letters on a Scantron, at least with the standards adopted by the state of Arkansas.

"There's some states in the country that their entire state testing protocol is bubble testing. Arkansas has a considerable amount of constructive response. That is the kind of thing that is certainly representative of deeper learning than bubbling in some sheets (with multiple answer choices). They said they wanted some more rigor like that, knowing it is a big undertaking."

TEACHER ADJUSTMENTS
Another of the growing pains Ross alluded to was teachers having to adjust their teaching styles to meet the new standards.

"There have been some real changes in terms of how teachers teach the content. If you want them to change how they learn, you have to change how you teach."

She said by asking students to use more depth, districts will have to implement "a change in teaching strategies and change with adults is harder than change with students."

"Students are young and flexible. Teachers who have been tremendously successful in the classroom are having to find themselves changing."

Even as teachers adjust to the new standards and students are adjusting to the new style of learning and testing, campaigns such as Arkansas Against Common Core are poised to continue across the nation.

Ross said it was important for people to do their own research and understand what the Common Core is and what it is not.

“Unfortunately, when I've read an article that there's a thing in the Senate talking about do we keep Common Core or not, the reason they cite is we're testing our kids too much. The test is not what Common Core is about," she said, adding that the standards are intended to make Arkansas and the rest of the nation more competitive in an ever increasing global economy.

"If you look nationally and internationally, we find ourselves in the U.S. compared with those countries in the Pacific rim because those kids always perform beautifully on math assessments. They're always high performers. The Common Core standards were written to be more in line with expectations in high performing countries and states in the U.S. If we want our students to perform their best and learn the most, then yes, I think these (standards) are good."

NOT ANOTHER FAD
As for talk among those opposed to the Common Core who say it is nothing more than another fad in education, Gooden said the Common Core was far from it.

"I certainly can respect why people can feel that way. …It's almost like it's the latest trend that trickled down from Washington. I think top-down reform is hard for people to swallow."

But he said the hope among educators and school administrators was that Common Core would provide states with common assessments and standards across state lines.

"It's too bad it's become politicized. You have both sides and I guess I'd like for us to meet in the middle somewhere."

Arkansas’ implementation of Common Core was recently endorsed by Raise Our Grade, an offshoot of Arkansas Learns, which is a self-described “private-sector alliance of parents, employers and citizens.” The Raise Our Grade alliance includes school administrator groups and businesses that are often on opposite sides of education issues. Members of the alliance include the Arkansas Association of Educational Administrators, Arkansas School Boards Association, Arkansas State Chamber of Commerce/Associated Industries of Arkansas, Arvest Bank, Murphy Oil, Winthrop Rockefeller Foundation and The Walton Family Foundation.

“On this issue, it is very telling that groups which typically go toe-to-toe now find themselves standing shoulder-to-shoulder in support of Higher Arkansas Standards,” Gary Newton, president and CEO of Arkansas Learns, said in the April 2 announcement of the alliance.

Corn is a hot commodity in the Natural State given the year-round needs of the poultry industry, but this year Arkansas farmers plan to plant 280,000 less acres of corn, a 32% reduction from last year. The U.S. Department of Agriculture’s prospective planting report indicates row croppers are shifting away from corn to more soybeans and rice.

“The University of Arkansas crop budgets analysis this year indicates a better return on rice and soybeans, which is why many farmers are shifting away from corn,” said Matt King, director of market information and economics for the Arkansas Farm Bureau in Little Rock.

Arkansas growers expect to plant 600,000 acres of corn, compared to 3.35 million acres of soybeans and 1.52 million acres of rice, according to the USDA report. Soybean acreage is up 3% from a year ago, and rice acreage is up 41%.

Corn prices have fallen from around $6 per bushel last year to the $4.50 range, which has also impacted the national crop planting intentions. U.S. farmers expect to plant  91.6 million acres, down 4% from a year ago.

King said a long winter has put spring planting behind schedule in the Midwest and parts of Arkansas. With a smaller U.S. crop and increasing demand, King said any signs of drought or other weather impact could push corn prices higher given that U.S. supplies are tight.

LOCAL CORN
Mike Richardson of Triple M Farms near Brinkley said he will plant between 850 and 900 acres of corn this year, down from 1,500 acres in 2013.

“I hoped to have my corn planted by now, but we have rain lately that has kept the fields muddy and we are still dealing with some freezing temperatures at night. I hope to have all my corn in the ground before Good Friday (April 18), Richardson said during a phone interview.

Richardson sells his corn directly to the Arkansas poultry industry delivering to Tyson Foods and Wayne Farms.

“I deliver straight to the feed mills down around Pine Bluff, Pottsville and Clarksville. Once my grain is harvested, I dry it down below the 15.5% moisture level and then market it directly to the poultry companies. I get a better price and they get a higher quality grain without paying added rail charges,” Richardson said.

King agreed that local corn is typically higher quality than what is railed in from the Midwest. He said the local corn is closer to No. 1 quality than the blended No. 2 which is brokered out of the grain belt. Richardson said he stores the corn and markets it throughout the year.

Third generation row cropper Tommy Young co-owns a large farm near Newport. This year his operation will plan 2,300 acres of corn, about 2,300 acres of wheat and soybeans, along with 1,500 acres of rice.

“That is our standard crop rotation and we don’t deviate from it just because the price may be better this year or next. We started planting corn on Monday (Mar. 31) and got about 750 acres planted but we stopped because of rain yesterday. Rain and storms are expected so I imagine we won’t be done planting until around April 15,” Young said in a phone interview.

He said the ground has been cold, which has pushed planting starts back at least a week in his area. Young also markets his corn directly to the poultry and egg industries with feed mills within 200 miles of his farm. Young said as long as corn stays above $4 a bushel there is money to be made by row croppers who can sell locally. 

Young said he sells to Cal-Maine in Searcy, Peco Foods in Batesville and Butterball near Mountain Home, as well as to local brokers who transport his corn to the Springdale area.

“We dry the corn and store it in our elevators and sell where we can make the most money,” Young said. “We get about a 25 cent basis over the Chicago Board of Trade prices, that premium has come down in recent years as more corn has been available.”

He said the Peco complex around Batesville got all the corn they needed last year from local Arkansas farmers.

Todd Simmons, CEO of Simmons Foods, said they source grain from Arkansas, Missouri, and Oklahoma as often as possible. This is typically during the harvest time period

Tyson Foods, the nation’s largest chicken company, estimates its grain costs will be $600 million less this fiscal year compared to the previous year, with lower corn and soybean prices. The meat giant spends roughly $1 billion in feed annually.

CROP INTENTIONS
King said rice is making a comeback in planted acreage in 2014, up 41% from a year ago. 

He said the California crop is short because of drought and U.S. rice suppliers are tighter than they have been in the past. He said as global production has risen, exports have subsided which diverted acreage to soybeans in recent years.

Young said he still plants rice, but he considers himself more of a corn and soybean farmer today because they crops are easier to manage.

Cotton acreage intentions are 340,000 acres this year, up 10% from last year, but still low in historical terms.

King said farmers have moved away from cotton toward corn and soybeans because they are easier to grow and have garnered better pricing.

Richardson used to grow cotton but back-to back years of blight was all he needed to make the shift to corn.

“Cotton comes out of the ground looking to die, corn and soybeans come out of the ground looking to live,” according to King, who said that’s what the farmers tell him.

Notes from the recent Year Beginning Meetings held by Wal-Mart Stores Inc. reveal bold aspirations from the top down. CEO Doug McMillion is not letting any grass grow under his feet, issuing edicts like being “maniacal about growth.” 

He said growing comp sales “is a must” and expects to accomplish that with excellence in merchandising, creative displays and “retailtainment.” In other words, he wants to see more excitement and energy displayed inside the retailer’s physical stores.

Reading between the lines, there could be more celebrity visits surrounding new product launches or more “try and buy” opportunities for suppliers.

SHARP EXECUTION
McMillon’s expectations also raise the bar on in-stocks. Last year Gisel Ruiz, chief operating officer for Walmart U.S., said the retailer made a conscious effort to improve in-stock averages to 96%.

At the YBM event, Duncan Mac Naughton, chief merchandising officer, reiterated the need of improvement in what he calls a $3 billion opportunity — the sales Wal-Mart losses annually when products are out-of-stock.

Mac Naughton said the retailer’s goal is to grow inventory at half the rate of sales, a disciplined approach, while also embracing more localization. His main objective is to grow top line sales, leveraging every tool at his disposal — individualized pricing perks with “Savings Catcher,” more price rollbacks billed as “Amazing Finds” which are three to four items featured in weekly tabs.

He said the retailer expects to see production innovation from its suppliers and Wal-Mart is eager to partner where it can to assist in the process. 

“Wal-Mart’s recent communication clearly signals a ‘take no prisoners’ approach to growing their topline and comp sales. You can hear it in their voices. They’re back on offense and ready to take it to the competition,” said Jason Long, CEO of Shift Marketing Group. 

MORE TESTING
Wal-Mart has proven to be a nimble giant willing to test multiple initiatives and then roll out the learnings much more quickly than the brick and mortar retail industry as a whole. Carol Spieckerman, CEO of NewMarketBuilders, said this agility is linked to the @WalmartLabs “brain trusts” and all the digital talent the retailer has acquired over the past 18 months.

“Wal-Mart gets that it doesn’t have to be perfect. They are testing A and B simultaneously, like never before.” Spieckerman said.

Mac Naughton said this year Walmart U.S. will expand “pick up today.” now being tested in Denver. Consumers can order groceries online and pick up free at the nearest store.  Bill Simon, CEO of Walmart U.S., recently said the retailer is planning to build pick-up depots that will allow shoppers to drive through and get their grocery order that was  placed online earlier in the day.

The “Walmart to Go” grocery delivery test market will also be expanded this year. It is already available in Denver, San Jose, Northern Virginia, Philadelphia and Minneapolis. Wal-Mart also plans to ship product from 50 more of its supercenter locations this year. This effort to tether supercenters to smaller formats and e-commerce fulfillment is key to Wal-Mart being able to better compete for Amazon Prime customers.

“The new Wal-Mart programs and tests will likely take some time to bear fruit, but they have so many irons in the fire that dividends should start to accrue sooner rather than later,” Long said.

In the near-term, Long said, Wal-Mart’s biggest opportunity continues to be picking off unhappy Target customers.  

“A recent report had upper-income customer satisfaction dropping to 70% at Target, down 9 percentage points. Wal-Mart is better positioned than most to pick-up this cross-over business and it’s likely incremental as this shopper probably isn’t shopping their stores today,” Long said.

Chuck Marohn spent three hours Thursday morning (April 3) denuding decades-long accepted conventional wisdom of local government investment in infrastructure and economic development. His message was simple: If you don’t stop doing that, you’ll go broke.

His “Strong Towns” presentation was attended by more than 160 representatives of local governments and municipal development groups from around Arkansas, and was held in the auditorium of the Donald W. Reynolds Center on the University of Arkansas campus.

“Strong Towns” is a concept founded and promoted by Marohn. His work is focused on helping city’s improve their budgets, budgeting process, bolster local tax bases, reduce taxpayer burdens, promote economic diversity and help community leaders “plan for long-term viability.” The official title of the workshop is, “Strong Towns: The Intersection of Land Use, Transportation, and Financial Resilience.” Marohn is a professional engineer, member of the American Institute of Certified Planners and earned a master’s degree in urban and regional planning from the University of Minnesota.

Michelle Halsell, managing director of the UA Applied Sustainability Center, said the conference “brought together a broad array of cities and counties representing many people around the state.” Communities represented included Bentonville, Clarksville, Conway, Fayetteville, Fort Smith, Greenwood, Harrison, Hot Springs, Texarkana and Van Buren. Officials attending included Van Buren Mayor Bob Freeman, Fort Smith Mayor Sandy Sanders, Springdale Mayor Doug Sprouse and Conway Mayor Tab Townsell. The event also was sponsored by the Center for Community and Economic Development with the University of Central Arkansas.

‘GROWTH PONZI SCHEME’
Marohn opened the conference by getting to the point, noting that the “current path” of local government spending and economic development incentives “is not financially stable” for the long term. He said in the 1950s the average debt service for cities was 2% of their budget. That has risen to 16% in recent years, he said.

More than 90 minutes into his message he said most in the audience are probably asking, “‘Are you saying that nothing we are doing makes financial sense?’ No, it doesn’t.”

The primary problem, Marohn said, is that federal, state or private sector funding will result in a large outlay of money – to build a road, building or some type of facility – that appears to be an economic benefit. And it may be in the short term. The problem is that the local government is then on the hook for the future maintenance and service – police, fire, water, sewer, etc. – of the infrastructure.

“We are in a sense exchanging a short term benefit for an unknown long-term liability,” Marohn said, adding that the liability is more costly when the upfront spending pushed outward the geographical boundary of the city or county.

He said what followed World War II was a local government policy that “more is better” in terms of growth, infrastructure and economic development. He called it a “growth ponzi scheme” that “creates the illusion of wealth” until the long-term costs begin to exceed the upfront benefits.

“Cities have now become the dumb money at the card table,” and are expected to throw around subsidies, build infrastructure, provide tax exemptions and do other things to recruit businesses, Marohn said.

He also said individual and local government growth has shifted from growth through savings and investments to growth from debt accumulation.

“We needed the growth so bad, we encouraged folks who could not afford homes to buy homes,” Marohn said in a reference to the housing bubble that hit the U.S. in 2007-2008.

RETURN TO TRADITIONAL DEVELOPMENT
To control costs and better manage growth, Marohn said local governments must move away from the build-it-and-they-will-come model – “It’s a horrible economic development strategy.” – and return to something closer to one-block-at-a-time development patterns prior to WWII. He said that type of growth was “highly adaptable and very flexible and resilient” to socio-economic change.

“There is a reason our ancestors built this way. They built this way because it was foolproof,” he added.

Marohn said government investments do create economic return, but officials have to ask and answer “a more sophisticated question” about how the return best recovers costs so the local government may remain solvent and fund future projects. He encouraged government officials to quit “chasing these elusive developments at the edge” of the city and instead “look inward for developments” that might also improve quality of life and deliver more financial bang for the buck.

“We do not lack for growth. What we lack is productive growth – growth that creates wealth generation after generation,” Marohn said.

Part of that return requires local governments to adopt different policies toward highway infrastructure. Marohn argued that too often cities expand roads and streets for purposes of safety or efficiency, but the result is negative in terms of return on investment. He said spending millions of dollars to shave a minute or two from transit time may not be worth other impacts of widening streets – loss of neighborhoods, reduced pedestrian access, higher future maintenance costs, etc.

He said most highway development policies emphasize accommodating people within an auto-dominated environment. He said “productive places” accommodate autos within an environment dominated by people.

“The tragedy today is that we’ve spent so much money moving cars, and gotten so little in return for it. ... When we design places around people, we get enormous wealth and success,” Marohn said.

Marohn specifically cited the decision in most communities to build new schools “on the outskirts of town” to take advantage of cheap land and possibly have room for large athletic facilities.

“That doesn’t make sense,” Marohn argued. “Instead, we need to retrofit our places so our kids can walk to school again,” instead of building public facilities that “move people away from core neighborhoods.”

OTHER ‘STRONG TOWNS’ ASSERTIONS
• Sometimes cities need to allow citizens to make changes outside existing protocols. Citing neighborhood actions in Memphis in which citizens made slight changes without city approval, Marohn said local governments “don’t need better engineers and better planners,” they need more citizens “with the ability and the freedom to step up” with their innovative ideas outside the confines of government control.

“You will never identify the high-return investments in your city with a visioning session,” Marohn said, adding that no amount of public hearings with flip charts and priority stickers would have discovered the small block renovation in Memphis that the citizens made happen without city permission.

• Local governments have to do a better job of looking within their borders to support smaller projects that may have a smaller impact than a big economic development deal, but will not be a financial burden on the city in the long run. He said many cities “overlook the nickels and the dimes” of small but beneficial projects and instead pursue big ticket items.

• Local governments need to focus on “rational responses,” to complex problems, Marohn said. He said the thickness of a building code book or the number of boards and commissions related to growth and development should be re-evaluated.

“We have reached this point where we have a complexity of problems facing us … Instead of kicking the can down the road for a couple of years, we need to have rational responses,” Marohn said.

AUDIENCE RESPONSE
Michael Lejong, a resident of Greenwood, and an architect with Fort Smith-based MAHG Architecture, was one of seven from Greenwood to attend the audience. All seven, according to Lejong, are members of an economic development group newly formed by the city of Greenwood.

“It really causes you to look at how you revitalize existing areas rather than just look for the next new big infrastructure thing,” Lejong said after Marohn’s lecture.

Springdale Mayor Doug Sprouse said Marohn’s comments may prove helpful in how the city approaches development plans in the downtown area and older neighborhoods.

“I really got some good information that we can use to look at some things we are doing and maybe do them in a really different way,” Sprouse said. “Maybe we need to look at a better way to utilize the assets we already have.”

Van Buren Mayor Bob Freeman agreed with Marohn’s assessment that change is needed, but noted that it will not be easy.

“It is really a different change in thinking from what the culture is. ... And so it is easy to listen and talk through it (but) difficult in implementation because of that culture,” Freeman said.

He also said having a large group of people at the presentation from Fort Smith, Greenwood and Van Buren could help with a regional focus on smarter development.

“I think by having all those folks there, it’s not somebody, you know, a lone voice crying out there. It can cause some discussions to happen. ... I think those discussions will continue and they have to continue,” Freeman said.

Lejong said a regional focus would be ideal outcome.

“I would love for this (conference) to kickstart a regional discussion,” he said.

Fianna Hills Country Club is on life support with only one to three months of life left in it.

That was the message Club Manager and Co-owner Jim Shields brought to concerned members and neighborhood residents Thursday evening (April 3), only two days after developer Lance Beaty of Fort Smith-based FSM Development Partners announced he was pulling out of a planned $20 million revamp of the club, which would have added about 60,000 additional square feet to the club, as well as members suites and professional medical services, among other amenities.

David Mille, the club's other co-owner, was frank with those in attendance Thursday.

"But there will come a point if we cannot turn a profit, where we are going to have to close it."

Shields explained to the packed room of more than 100 individuals that a review is underway to determine if it would be possible to assess a fee to members in order to keep the club open until the end of the year, though he said the club lost about 75 members during the last few months, dropping the already lagging club membership to only 250 members.

Following the meeting, Shields said it would be a week or two before any possible assessment or increase in membership dues are made public.

The announcement that the club would stay open, at least for the time being, is a slight deviation from a previous statement to The City Wire that the club would close should the Fort Smith Board of Directors not approve a planned zoning district, which would have specified what Beaty, or other future developers, could have done with the land on which the country club sits.

He told members and guests Thursday that at the time he made the statement, he had every intention of closing the club.

"I had every intention — Jim and I both — because of the financial drain it has been on both of us over the years. I make no bones about it. There was a lot of financial drain. And most businessmen would have pulled the plug on this three or four years ago, but I've got a special attachment to this club."

Mille discussed his memories as a young man playing music in the club and the friendships he has developed in his time before and during ownership, which lead him to want to keep the doors open, even for a little bit longer.

Shields revealed that he and Mille had two interested parties that had approached them about a sale of the club, though he said at this time no formal offers have been made. One of those interested in a purchase, he said, was a private investor who became interested in the project after Beaty's plans began to receive a lot of attention throughout the community.

The other group is member-led, though he said it was a different group then that being formed by Kevin and Lisa Clay, who helped start a petition that received over 250 signatures that asked the Board of Directors to limit uses within the PZD. While the petition was presented, the Board tabled the issue until May 6.

Shields said both potential buyers have said they would want to continue to operate the club the way it has traditionally been operated versus the ambitious plans outlined by Beaty before he dropped his bid to purchase the club.

The Clays were on hand for Thursday's meeting, though Kevin Clay declined to comment for this story.

Gary Marcotte, who spoke to a small group of members following Shields' and Mille's meeting, explained that the group he and the Clays were attempting to form would offer two types of membership packages, including one similar to the Legacy Package that Beaty attempted to market, which had a $30,000 price tag attached to it, though it could be paid over time.

According to Marcotte, his group's proposal would allow Legacy members to have a vote at club board of trustees meetings, while another membership option at a monthly rate would allow use of the club and other amenities, though no voting rights.

Asked how such a model would be profitable when the current business model is failing, Marcotte said country clubs would probably never turn a profit and instead would likely turn to other ways to break even.

"There is no profitable model in a country club, if you work to break even. It's sort of like a REIT, a real estate investment trust. You're not looking to make a profit or break even. …If you can't (break even) by your business, then you have to assess your membership. It's a member-owned club."

The assessment would essentially spread out the losses to all members, something Marcotte said "Hardscrabble (Country Club) does every year."

"I would hope to not have to assess anybody. I wouldn't want to assess anybody. Actually, it would be my preference, if we did it as a club, to (do) fundraisers throughout the course of a year. Invite the public in. They can see the club. They can do this. They can have a party. Maybe gain some interest in the club because we're active in the community. Get more members and raise funds. I don't think assessment is the only option. I know that's what Hardscrabble uses and I don't blame them. I think that's a viable way, but it's not the fun way. This is for people's enjoyment. We should do fun things."

Former Arvest exec Dennis Smiley won’t see any of the $552,000 he earned in stock options during his lengthy banking career. There are 20 banks waiting in line for payment of more than $4.5 million owed by Smiley.

Arvest Bank filed a petition Wednesday (April 3) in Benton County Circuit Court saying it hoped to deposit the $551,754.58 from Smiley’s stock interest into the court’s registry in exchange of for a complete discharge of liability.

Those funds are composed of $427,991.25 from the stock repurchase and $123,763.33 from stock option proceeds accrued up to the time of Smiley’s termination.

In the filing, Arvest said there have been multiple claims for the money from Smiley and 19 banks he owes. The bank’s filing said Arvest “cannot determine without hazard to itself which, if any of them, is legally entitled to the proceeds.”

The bank also noted in the filing that it should not be required to determine who gets paid. In doing so, the bank could subject itself to multiple liability.

Arvest also notes that Smiley was not permitted to pledge or otherwise encumber his shares of Arvest Bank Group stock that he acquired through the company’s stock plan. UCC Financing Statements filed with the Secretary of State’s office indicate Smiley pledged his Arvest Bank stock shares with 11 different banks.

Those 11 banks and nine more were listed in the Arvest court filing, each making claims to Smiley’s stock interest.

BOFK, National Association
Bank of Fayetteville
Bank of the Ozarks, Little Rock
Benefit Bank, Fort Smith
Chambers Bank, Danville
Centennial Bank, Conway
Delta Bank & Trust, Bella Vista
First Bank, Hampton
First Federal Bank, Harrison
First National Bank, Fort Smith
Integrity First Bank
First Security Bank
First State Bank, Lonoke
First State Bank of DeQueen
First State Bank of NWA, Huntsville
First State Bank, Russellville
First Western Bank, Booneville
Legacy National Bank, Springdale
Signature Bank, Fayetteville
Summit Bank, Arkadelphia

Delta Bank & Trust is the first lender to sue Smiley for nonpayment. That suit was filed March 25, in Benton County Circuit Court. Smiley is also subject to a federal fraud investigation for pledging the same collateral multiple times with numerous banks. It is unclear at this time if any other fraudulent actions occurred in connection with the loan scheme.

Several sources interviewed by The City Wire believe criminal charges will soon be filed given the scope of the allegations and prominence of the accused. There are at least two possible ways a criminal investigation involving white collar crimes of this nature can be handled.

A grand jury hearing and sealed indictment until arraignment with evidence supplied by the U.S. Attorney’s office is the traditional method. This can take several months to complete and may not be necessary if a defendant comes forward and is willing to fully cooperate by turning over all evidence of the crime, sources said.

But a more likely scenario would involve a Filing by Information. This would involve a defendant’s attorney working out a deal with U.S. Attorney’s office. In this scenario, a defendant would waive indictment and enter a negotiated plea. 

Tim Tarvin, law professor at the University of Arkansas, said in federal cases there is an incentive to come forward and cooperate because in doing so the defendant could shave points off of their sentencing formula. Tarvin has no connection to the Smiley investigation and was speaking merely about the process.

He also said anytime there are civil procedures they can be referred to the criminal investigation.

The world population is expected to explode to 14 billion people in the next 61 years, according to figures cited by Arkansas Economic Development Commission Executive Director Grant Tennille.

And while the rest of the world may balk at the prospect of how to feed a world double the size of today's population, Tennille said Arkansas is primed to do that and more, explaining that it all comes back to educating the students of today and the leaders of tomorrow.

Tennille's speech to the Fort Smith Area Chamber of Commerce's First Friday Breakfast at the University of Arkansas at Fort Smith highlighted some of the many innovations that have changed the world that began in Arkansas and explained how education will lead the state even further.

Putting focus on the movement of goods, he highlighted the state's logistics industry as a primary example of what Arkansas innovation has done to change the world.

"Logistics was invented in Arkansas. Before Sam Walton and David Glass and J.B. Hunt, what we now know as logistics was just people driving things around in trucks. There is now incredible science behind how we move goods around the world. The concept of 'just in time delivery'— which if you're in business in this room, I promise you understand 'just in time.' That's the way the world runs now — that was invented in Bentonville, Arkansas."

He explained that the Walton College of Business at the University of Arkansas in Fayetteville is among the top logistics programs in the nation, again emphasizing the impact Arkansas has had and will have on the world.

Tennille also pointed to advancements in agriculture, adding that research taking place at the University of Arkansas at Pine Bluff was leading to increased yields for farmers, garnering attention from as far away as Vietnam and leading the university to launch a doctoral program focused on agriculture.

Noting the state's seven Fortune 500 companies, while also pointing out that Arkansas has never had a population with more than 3 million people, Tennille said he felt there was something that had taken place in the state.

"There's something in the water in this state. There is something that sets the people of Arkansas apart from our counterparts around the country and around the world."

But in order to continue Arkansas' competition in an ever increasing global economy and serving the needs of the world's projected 14 billion people, Tennille said it would take more than just will power and determination. Students, he said, now must have training beyond their high school diploma in order to secure a good job and the state must continue to invest in education in order to see innovation continue in the decades to come.

He said the biggest hurdle to education has been the cost, which he said is one reason he believes Arkansas has largely trailed the entire nation in terms of residents holding at least a bachelor's degree. Tennille said with the passage of the Arkansas Scholarship lottery, more students are able to not only start a college education, but also finish what they have started.

While there has been a lot of focus put on four year degrees, the focus must go further, Tennille said, explaining that skill sets obtained through concurrent enrollment programs for high school students or vocational education programs will be vitally important, as well.

"There are incredibly talented, capable, high achieving – dare I say wealthy – people who don't have a four-year bachelor’s degree. It's not the end all and be all. Now do we need more Arkansans with four-year bachelor degrees? Sure we do. We're last, or second to last, depending (on different rankings). That's unacceptable. We've got to have more. But do we need an increasingly large population of specifically skilled individuals who have helped make our industrial and manufacturing (industry) efficient and productive? Absolutely. It's not either/or, which is the choice I think a lot of folks were laboring under for a long time."

For Arkansas to meet the needs of the world, he said everyone will need education and training after high school.

"Call it what you want. Call it college. Call vocational education. Call it technical training. Call it what you want. Everybody's got to do something after they graduate from high school."

A new Talk Business-Hendrix College Poll shows the race between party front-runners Mike Ross (D) and Asa Hutchinson (R) to be a virtual dead heat, with the Democrat up by one point – 44-43% – over his potential GOP rival.

“This is not where this race will end up, but it is a representation of where it is today,” said Talk Business & Politics editor-in-chief Roby Brock. “The anticipated match-up between Mike Ross and Asa Hutchinson appears to be very close. Against their underdog rivals, these two front-runners appear to be in solid shape.”

The latest poll results suggest that the 2014 election cycle may become a game of margins as both parties motivate their bases to show up on election day.

“If Democrats can squeeze an extra percentage point or two out of their base or Republicans do the same, it could swing the election if it remains this competitive,” Brock added. “It is also interesting to note that the undecided margin in this race has shrunk considerably from six months ago.”

In October 2013, a Talk Business-Hendrix College Poll showed Hutchinson with a 41-37% lead over Ross with 22% undecided. No third party candidates were included in the October survey as it was before the Green Party and Libertarian Party conventions.

The latest survey of 1,068 likely Arkansas voters was taken on April 3-4, 2014. The sample included voters who have participated in multiple or all of the last five general elections. Also, only voters who said they were “very likely” (96%) or “somewhat likely” (4%) to participate in this November’s election were allowed to complete the survey. Cell phone users were also included and the poll has a margin of error of +/-3%.

Q: In the race for Governor, imagine the candidates are Libertarian Frank Gilbert, Green Party Candidate Joshua Drake, Republican Asa Hutchinson, and Democrat Mike Ross. If the election for Governor were today and these were the candidates, which candidate would you support?
3%  Libertarian Frank Gilbert
2%  Green candidate Joshua Drake
43%  Republican Asa Hutchinson
44%  Democrat Mike Ross
8%  Undecided

ADDITIONAL MATCH-UPS
The latest Talk Business-Hendrix College survey also pitted the two party’s front-runners against alternative party candidates.

Q: In the race for Governor, imagine the candidates are Republican Curtis Coleman, Democrat Mike Ross, Libertarian Frank Gilbert, and Green Party Candidate Joshua Drake. If the election for Governor were today and these were the candidates, which candidate would you support?
30%  Republican Curtis Coleman
48%  Democrat Mike Ross
4%  Libertarian Frank Gilbert
3%  Green candidate Joshua Drake
15%  Undecided

Q: In the race for Governor, imagine the candidates are Democrat Lynette Bryant, Republican Asa Hutchinson, Green Party Candidate Joshua Drake, and Libertarian Frank Gilbert. If the election for Governor were today and these were the candidates, which candidate would you support?
27.5% Democrat Lynette Bryant
48%  Republican Asa Hutchinson
4.5% Green candidate Joshua Drake
3%   Libertarian Frank Gilbert
17%  Undecided

“The front-runners for their party’s nominations – Asa Hutchinson and Mike Ross – do appear to have advantages for the general election campaign,” Brock said. “We will poll each party primary in a few weeks and test the inter-party match-ups between Hutchinson-Coleman and Ross-Bryant. That will require a different sample.”

Additional poll results will be released this week by Talk Business, including the U.S. Senate race, an ethics-term limits amendment, one of the medical marijuana proposals, and a potential minimum wage initiative.

ANALYSIS
Dr. Jay Barth, professor of political science at Hendrix College, helped craft and analyze the latest poll. He offered this analysis of the poll results:

“To no one’s surprise, the race to replace Mike Beebe as Governor of Arkansas is an incredibly tight one. While both have to survive a party primary, most all observers expect that Mike Ross and Asa Hutchinson will be the two parties’ nominees in November.

“Looking ahead to that general election, Democrat Ross has a tiny lead (44-43%) over Republican Hutchinson, well within the survey’s margin of error. Both candidates have strong support among their partisan bases, but while Hutchinson leads with independents that lead is not quite large enough to overcome the slight Democratic advantage in partisan identification. The fact that Ross has withstood a barrage of negative ads in recent weeks suggests that the race for Governor will likely stay close throughout the months ahead.

“We did match up both leaders for their respective party’s nomination with the lesser-known candidate on the other side to gauge strength of support. Ross leads in a hypothetical match-up against Republican Curtis Coleman, 48-30%, while  Hutchinson holds a very similar 48-27.5% margin over Democratic challenger Lynette Bryant.

“Examining the cross tabs in the race for Governor, a small gender gap is emerging in the race with Hutchinson leading among men while Ross has a lead among women (historically the larger group of voters in the Arkansas electorate).

“Looking geographically, Ross is holding his own in his native Fourth district, which has skewed decidedly Republican in recent cycles while the other three congressional districts show the typical patterns – Republicans running best in the Third, while the Democrats run best in central Arkansas’s Second district.”

METHODOLOGY
This survey was conducted by Talk Business Research and Hendrix College on Thursday and Friday, April 3-4, 2014. The poll, which has a margin of error of +/-3%, was completed using IVR survey technology among 1,068 Arkansas frequent voters statewide.

Approximately 9% of the voters in our sample were contacted via cell phone with live callers. This is in response to the increased reliance by voters on cell phones. Additionally, we applied our standard weighting to the poll results based on age, gender, and Congressional district.

“Big Data” is on the minds of retail execs who believe it’s key to helping them stay competitive, according to a recent study by1010data for which 201 retailers were interviewed across grocery, speciality, drug, discount and department store segments.

According to North Carolina-based SAS, a software and analysis company, big data is often used to “describe the exponential growth and availability of data, both structured and unstructured.” SAS says the value of large amounts of structured data is that it leads to more accurate analyses.

Some 96% of those surveyed said incorporating big data into their business operations is a must, but half of them admit doing so is a complex undertaking. The executives agreed that big data insights are most beneficial for merchandising (53%), followed closely by marketing (48%). They also said big data could be used to improve store operations, while also gaining efficiencies in supply chain and loss prevention.

"This study shows that while the retail sector is being impacted by Big Data today, there are still many more opportunities for retailers to use Big Data analytics to optimize demand forecasting, merchandising, promotions, and loyalty program management," said Sandy Steier, co-founder and CEO of 1010data. "When retailers truly embrace data discovery, they quickly move beyond intuition and guesswork and instead rely on data-driven decision."

WISH LIST
Executives were asked their biggest obstacles to getting the reporting and analytics they need to make better data-driven business decisions. About 40% expressed the need for a “single version of the truth” because different users and various departments have different ways of measuring the business.

Another 38% said they lacked the ability to analyze data to a low enough level of detail to adequately assess daily transactions by customers. One in three surveyed said they had difficulty accessing and integrating the data. 

The cost and/or complexity of implementing big data needs to come down, according to  42% of the execs surveyed. Another 30% said they need simplified Big Data solutions that are intuitive to business users. 

ON-SHELF AVAILABILITYBENEFIT
One common big data application sought by the majority surveyed is using the analytics to improve on-shelf-availability — an $800 billion problem for retailers worldwide. Following is how the responses were to the on-shelf question:
• 66% said it can help reduce out-of-stocks that lead to lost sales;
• 50% said it can predict future demand and inform supply chain decisions; 
• 47% said it reduces overstocks that negatively impact turns; 
• 41% said it ensures product assortments are finely tuned to demand; and
• 29% said it enables alternative fulfillment means such as ship-to-store and ship-from-store.

BENEFITS OF SHARING
Next, the executives were asked about some of the specific retail analytical applications enabled by big data technology, and how those could benefit retailers. The first area of focus was the sharing of data and analytics between retailer and supplier. 

A majority of the respondents (67%) indicated that the top benefit of data sharing was enabling suppliers to better forecast and meet consumer demand. One in two said sharing allows retailers to leverage suppliers’ category and product knowledge to improve their merchandising strategies and it also helps to strengthen partnerships with suppliers. About 40% said sharing helps retailers increase overall sales. Just 2% said they saw no benefit in sharing Big Data insights with their suppliers.

Family Dollar is adding more than 400 food items across its 8,000 stores as company execs prepare to defend their convenience turf against Wal-Mart and other grocers. The discounter also promised lower prices on 1,000 items, including brands like Ragu, Hellman’s and Kraft.

“It’s important for us to constantly evaluate our assortment, making sure that we have the products and national brands that are relevant to her and her family, always at a great everyday value,” CEO Jason Reiser said earlier this month.

The dollar store format has exploded with growth in recent years capitalizing on the consumer’s desire for more convenience — which equals time savings. This quick trip market is valued at $415 billion and comprises some 40% of the consumers’ grocery spend, according to Bill Simon, CEO of Walmart U.S. 

He said Walmart U.S. has been able to garner just 10% of this market, which is why they are aggressively rolling out more smaller format stores this year and next. These quick trip market competitors include dollar, drug and convenience stores that have grown by 16,000 units since 2005. In response to the growth, Simon said Wal-Mart is ready and able to deliver convenience with several formats including drive through depots for online orders which are filled at the closest Supercenter or Neighborhood Market.

“Quick stops to pick up a few items or get gasoline are the primary reasons that consumers visit convenience stores. Many are improving their offerings to provide healthier alternatives appealing to shifting consumer tastes, hoping to encourage more visits,” said Ali Lipson, senior retail analyst at Mintel, a Chicago-based research firm.

As product offerings improve at dollar stores, so has the perception of the discount chains, according to recent research from Mintel. Half of survey respondents who earn $150,000 or more said they are shopping in dollar stores the same amount as they did the previous year, and 10% said they are shopping in dollar stores more.

Convenience and price drive shoppers to dollar stores, but more than half of survey respondents also said the stores are pleasant to shop in, and they find brands and products sold there to be as good as those found in other retailers. Still, one in three of the high-income shoppers expressed dissatisfaction with the selection.

Family Dollar isn’t the only discounter adding grocery offerings. Dollar General has expanded the number of coolers in its stores to sell perishable products. Additionally, the company launched a more grocery-oriented Dollar General Market format to compete with conventional supermarkets. Both retailers added tobacco last year which they report has driven more store traffic and incremental sales.

Dollar Tree also mounted its own level of competition in recent months. Dollar Tree has increased the number of freezer and cooler installations to 550 additional stores, up from the chain's original plan of 475. Bob Sasser, CEO and president, said Dollar Tree has refrigerated equipment at about 63% of its store base after the recent expansion. 

“We like what [that] does in sales and traffic, and we like what it does in raising the sale of our variety merchandise also. We are also committed to our consumable business. We’re going to drive that part of the business too,” Sasser said. “Our inventories are fresh and our stores are full of exciting merchandise for the spring season."

Analysts expect the competition will continue between the various small format convenience formats given the dollars at stake. 

Wal-Mart’s recent opening of Walmart To Go, a hybrid convenience store in Bentonville, is a signal to competitors that the retail giant isn’t going to blindly stand by and concede sales to smaller stores, said Jason Long CEO of Shift Marketing Group.

The retailer said there are no other Walmart To Go stores planned, saying it is merely a concept store. Analysts think the format has plenty of potential.

“Given Wal-Mart’s highly-developed supply chain, particularly in fresh (food), it will go in with a huge advantage. This is particularly true as convenience stores evolve from selling beef jerky, cigarettes and hot dogs on metal rollers and into becoming destinations for healthy snacks and meal occasions,” Carol Spieckerman, CEO of NewMarketBuilders, said of Wal-Mart’s convenience store launch.

Wal-Mart Stores tweaked its pregnancy policy in March following a proposed shareholder resolution and separate Jan. 11 charge filed with the federal Equal Employment Opportunity Commission on behalf of a woman who claimed she was not offered accommodations (lighter duty options) during her pregnancy. 

“Over the past several months, we looked at what other assistance we could provide to our pregnant associates. As a result, we enhanced our policy because we believed it was the right thing to do for them,” said Randy Hargrove, corporate spokesman.

Hargrove said Wal-Mart’s policy already provided managers across its network the authority to make accommodations for any pregnant employee, such as carrying a water bottle or providing a stool as needed which complied with federal law. He said the new revision now allows for additional accommodations for all pregnant workers.

“This includes, but isn’t limited to moving an associate to another job so she can continue working. For example, if a pregnant associate were an overnight stocker and was restricted from lifting, we can move her into another vacant position where the duties of the job meet her restrictions,” he said.

Hargrove said allowing the new accommodations could help some pregnant women continue working, when in the past they may have had to take an early leave of absence. 

A group known as A Better Balance said they had been asking Wal-Mart to change this policy since January 2013, when they wrote a letter arguing the retailer’s employment policy violated the Americans with Disabilities Act and the 1978 Pregnancy Discrimination Act. Wal-Mart disagreed saying its policy was “perfectly legal” and now with the revision, “goes beyond the law.”

Another group of Walmart associates recently filed a resolution for shareholder proposal with the Securities and Exchange Commission asking for broader accommodations for all pregnant Wal-Mart workers. Hargrove said the shareholder proposal was looked at before the company made this recent revision expanding the accommodations, and is now moot because of the recent revisions.

The EEOC charge filed Jan. 11 is still active, according to Liz Watson, senior counsel of the National Women’s Law Center. Watson told The City Wire that Wal-Mart’s recent revision to its employment policy is a step in the right direction, but it doesn’t go far enough because the language used is ambiguous.

Wal-Mart’s revised policy “allows pregnant associates to be granted reasonable accommodation in the same manner as disabled associates,” according to Watson.

She said the revised policy is also not clear because it appears that a pregnant worker must prove her temporary disability, when the law allows for accommodation for all normal pregnancies as well as higher risk situations. Wal-Mart reiterated that the accommodations it’s willing to make are for all pregnant employees.

Watson’s group is among those involved in the recent EEOC pattern and practice charge against Wal-Mart. She said the company has a history of denying accommodations at the store level. It is important that the corporation make this new policy clear from the top down, she said.

“As the nation’s largest employer their practices affect huge numbers of women. This issue of pregnancy discrimination has become all too common in the workplace. We see it in retail, hospitals, restaurants and the postal service,” Watson said.

Complaints of pregnancy discrimination are prevalent. The EEOC notes that it receives about 1,000 calls per year on work and family issues alone, according to Sharon Terman, senior staff attorney for the EEOC.

Nearly a year after it was first announced, work has begun on the Garrison Pointe West development, which will convert six Garrison Avenue buildings into a mixed-use commercial and luxury apartment building.

According to Project Manager David McGuire of Griffin Construction, the $3 million development should hold its grand opening no later than Nov. 3, meaning construction will take about seven months.

When the project was announced April 25, 2013, developer Rick Griffin said the project would be a "complete historic renovation, both interior and exterior, of the six buildings" located in the 400 block of Garrison. The result of the complete rehabilitation of the six buildings will be five storefronts and 12 luxury apartments.

Even though the project has just now gotten underway, McGuire said his team is already preparing for what will be a daunting task of turning five different buildings into one while maintaining both the building's structural integrity and historic charm.

"One of the challenges to this project is these buildings were all built at different times, so we're taking and creating a hallway all throughout this building (for the apartments), which is a challenge to say the least. What we're going to do is I'll blow out all these openings and then we can set laser(s) up to shoot down," he said. "To make this building structurally sound, we'll find (any) low points and then we'll come in with three-inch angle iron on both sides with seven-inch lag bolts that's epoxied into this masonry so they can never give. On top of that, I'll do a two-by-six and then we'll have a structural floor joist that will go on top of that."

He said the resulting building will be very different from what stands empty across from La Huerta restaurant on Garrison Avenue.

"Once we do that, the building will be pretty much a new structure. The building can never do this anymore (show weaknesses) because it's anchored to the masonry and then it's going to be bolted to those new trusses. We'll do that layer, then I'll send my team upstairs and they'll get the ceiling joyced and everything. And then by that time, we'll have underground utilities done down here and they'll come down here and do that and we'll just keep that ball rolling, hopefully like that."

McGuire said his construction team also will remove much of the mortar in place and replace it, similar to the process when Griffin Construction renovated Adelaide Hall.

Also similar to what Griffin did previously at Adelaide, McGuire said his team would rip out the concrete from the commercial spaces on the ground floor and leave a gravel floor along with the exposed brick walls on either side of the space.

"So my instructions are ... where there's concrete, remove the concrete and put gravel back down, get the utilities underground for the apartments out back, and then leave these…brick (walls) exposed (with) nothing but gravel on the sub-base. That way, when a potential tenant wants to lease it, then they'll pay us to renovate that space for them. Then by leaving the concrete out, we can run those underground utilities where we're still keeping the ambiance of the existing brick…and make it whatever they want."

All five commercial units are on the ground floor, facing Garrison Avenue and will range in space from 1,000-square-feet to 1,300-square-feet.

The apartments will be divided among one and two-bedroom apartments, with four units behind the commercial units on the ground floor and eight units on the second floor. Rent, Griffin said last year, would be in the range of $800 per month, "give or take a little."

Space that could be used for an additional commercial and apartment unit each will instead of used as a courtyard for residents and will be available for rent.

The project is funded by private funding and state and federal tax credits, according to Griffin, who said at the time, "Economically, we've got to have it for the project."

In addition to the Griffin project, other construction permits issued in Fort Smith last week include a new $2.34 million Mercy Clinic at the intersection of Waldron and Free Ferry Roads, as well as a new Mill Creek Wastewater Pump Station, a $13.3 million project located at 210 Navy Road.

Incumbent Democratic U.S. Sen. Mark Pryor holds a three-point lead over his Republican rival, U.S. Rep. Tom Cotton, in the latest Talk Business-Hendrix College Poll. Pryor, whose seat has been highly targeted for a Republican pick-up, leads the first-term Fourth District Congressman 45.5% to 42.5%. Only 8% are undecided.

“With more than six months to go, the Senate race is game on. The political environment can certainly change between now and November, but today you have to say nothing is a foregone conclusion,” said Talk Business & Politics executive editor Roby Brock.

In October 2013 shortly after Cotton entered the Senate race, a Talk Business-Hendrix College Poll found Pryor with a one-point lead, 42% to 41% with 17% undecided. Six months later, the race remains within the poll’s margin of error.

“Unlike in 2010, this Senate race is shaping up to be highly competitive,” Brock added. “We’ve already seen millions of dollars in advertising spent on both sides of this race and much more will come. With all of that money spent, the race has barely moved. I foresee a real messaging battle to win small percentages of the electorate as a key for how this race will be decided.”

The latest survey of 1,068 likely Arkansas voters was taken on April 3-4, 2014. The sample included voters who have participated in multiple or all of the last five general elections. Also, only voters who said they were “very likely” (96%) or “somewhat likely” (4%) to participate in this November’s election were allowed to complete the survey. Cell phone users were also included and the poll has a margin of error of +/-3%.

Q: In the race for U.S. Senate, the candidates are Democrat Mark Pryor, Republican Tom Cotton, Libertarian Nathan LaFrance, and Green Party candidate Mark Swaney. If the election for U.S. Senate were today, which candidate would you support?
45.5%  Democrat Mark Pryor
42.5%  Republican Tom Cotton
2%   Libertarian Nathan LaFrance
2%   Green candidate Mark Swaney
8%   Undecided

In results released Sunday, the latest Talk Business-Hendrix College Poll showed a virtual dead heat in the Arkansas Governor’s race between front-runners Asa Hutchinson (R) and Mike Ross (D).

Additional poll results will be released this week, including voter attitudes on an ethics-term limits amendment, one of the medical marijuana proposals, and a potential minimum wage initiative.

ANALYSIS
Dr. Jay Barth, professor of political science at Hendrix College, helped craft and analyze the latest poll. He offered this analysis of the U.S. Senate poll results:

“Democratic U.S. Senator Mark Pryor, who led his Republican rival U.S. Congressman Tom Cotton by a bare 42-41% margin during our last polling in October 2013, continues to hold onto a narrow lead in this latest survey. His three-point margin (45.5-42.5%) remains within the poll’s margin of error. Two third party candidates are in low single digits.

“The Arkansas U.S. Senate race has become one of the highest-profile in the nation with millions of advertising dollars spent by both campaigns and a variety of outside groups. That spending appears not to have moved the race much, suggesting that the race will remain close at least until the point when voters engage after Labor Day.

“Looking below the top line of numbers, Pryor’s tiny lead is driven by his particularly strong lead with women voters (he leads that group by 10 points). In contrast, Cotton has a 7 point lead (48-41%) with male voters.

“Pryor has also coalesced African-American support and is also running strongly among Latino voters, while Cotton has a 5 point lead with white voters. Both candidates have strong support from their fellow partisans and while Cotton leads among independent voters 50-34 that lead is not quite strong enough to fully offset the slightly larger percentage of the electorate that remains Democratic.

“Looking at the race geographically, Cotton has a solid lead in the Third Congressional District while Pryor has smaller leads in the other regions of the state. Together, these patterns lead to the very close overall race.”

METHODOLOGY
This survey was conducted by Talk Business Research and Hendrix College on Thursday and Friday, April 3-4, 2014. The poll, which has a margin of error of +/-3%, was completed using IVR survey technology among 1,068 Arkansas frequent voters statewide.

Approximately 9% of the voters in our sample were contacted via cell phone with live callers. This is in response to the increased reliance by voters on cell phones. Also, we applied our standard weighting to the poll results based on age, gender, and Congressional district.

A report of the number of charges filed by the U.S. Equal Employment Opportunity Commission on the basis of harassment and discrimination showed the state of Arkansas' numbers dropped more than 35% from 2012 to 2013, the most of any state in the nation.

The total number of Arkansas charges filed in 2012 were 2,374, while the state had only 1,524 charges filed last year, according to the report. In neighboring Oklahoma, there were 1,360 charges, down 9.2% compared to 2012. Missouri had 1,958 charges in 2013, down 6.76% compared to 2013.

Even though the numbers would make the drop appear drastic, Vice President Mary Cooper of the Central Arkansas Human Resources Association said the bigger bit of news was the drastic rise in the number of charges in 2012 compared to other years, both nationally and statewide.

"The question becomes what was wrong in 2012? It's the sex(-based discrimination) claims. Discrimination based on sex was 50% of the total 2012 claims, as opposed to other years," Cooper, an employment attorney at the Little Rock law firm of Cross, Gunter, Witherspoon and Galchus, said.

The increase represents a rise in sexual discrimination charges of 142.89% from 2011's total of 499 charges filed, versus 2012's total of 1,212. The numbers returned to historic figures last year, with only 487 sexual discrimination-based charges filed.

Figures from the EEOC show that not only did sexual discrimination account for 51.1% of charges filed in 2012, but race-based discrimination only accounted for 31% of charges during the same period.

Fast-forward to 2013, those numbers are a near identical flip, with race-based discrimination counting for 48.7% of discrimination, while sex-based discrimination only counted for 32% of complaints, again returning to historical norms. Figures show the 2013 total for sex-based discrimination was on par with dates as far back as 2009, with no year accounting for more than 30% of overall cases except for 2012's total of 51.1%.

Cooper said one of the likely explanations was a change in policy within the administration of President Barack Obama, who has directed the EEOC to focus on more claims under Title VII, which deals with transgendered and sexual orientation as a bias, versus flat out discrimination.

Jimmy Lin, vice president of product management and corporate development at The Network — a Norcross, Ga.-based company specializing in governance, risk and compliance solutions — told The City Wire that sexual orientation charges are not reported at the federally, but instead are "dependent on each state's laws."

Because of the distinction, Cooper said a bias must typically be a matter of policy, as the Obama administration has made transgendered and sexual orientation during the last few years.

"If you say a person should dress more feminine to get a promotion, while sexual orientation isn't necessarily a protected class, bias based on that started being enforced."

Cooper also noted that the administration assembled a task force to address the Equal Pay Act, though again it is hard to pin-point a precise reason for the movement in numbers. One factor she said is not being looked at but Cooper said likely made a difference in 2013's numbers is the government shutdown.

The agency was already under increased pressure due to sequestration, the federal government's automatic reduction in spending for all agencies, which President Sunshine Bartlett of the Western Arkansas Human Resources Association said would put pressure on the agency to only pursue cases it believes are winnable.

"They are back to the same budget they had in 2009 due to sequestration. So they are looking at quality of lawsuits over quantity. They are actually filing suits on a lower number of cases where they can get more money,” Bartlett said.

Regardless of what moves the government is making by either pursuing fewer cases or enforcing different policies dependent on the whims of a politician or bureaucrat, he said Arkansas' highest in the nation drop in harassment and discrimination charges was, at least in part, to the efforts of businesses to improve workplace environments.

"This shows that businesses are putting more time and thought into their employee training programs to ensure employees understand what harassment and discrimination is and what they should do if an incident occurs. Instilling strong ethics in employees from day one is crucial in establishing an ethical workplace that's free of harassment and discrimination."

As for what 2014 will look like, whether it will see a spike similar to 2012 or stay on par with 2013 and other years, Cooper said it's too early to tell. But Bartlett said observers should expect some upward movement in the numbers.

"When you look at the numbers, there are drops and then it sort of comes back up. From 2009 to 2012, each year they were seeing the highest levels ever. But in 2014, I do think it will ramp back up and surpass the 2013 level."

Whole Foods Market appears to have taken one more baby step toward a Fayetteville location.

Plans submitted to the city of Fayetteville this week show what appears to be a Whole Foods Market planned for 3535 North College Avenue, which would make the Fayetteville location the second in the state of Arkansas and the first in Northwest Arkansas.

Rumors have circulated for months that the company was exploring sites in northern Fayetteville, near the intersection of U.S. 71 and Millsap Road.

The site that was submitted for development by Fairburn, Ga.-based S.J. Collins Enterprises was previously the site of a Mercedes-Benz automobile dealership. Conceptual drawings submitted to the city clearly show a more than 35,000-square-foot building with a Whole Foods Market sign above the front entrance.

Multiple attempts to reach Whole Foods Market by telephone and e-mail were unsuccessful, as were attempts to contact S.J. Collins, which has previously developed several Whole Foods Market-centered retail developments in Florida and Virginia. Whole Foods' website does not list a Fayetteville store under development, though it does show a Little Rock store under development. It is unclear if the Little Rock development is a relocation of the store at Rodney Parham Road and Interstate 430 or if it is a new store.

Sources with knowledge of the Fayetteville project who spoke to the The City Wire said it was still early in the development process and no deal had yet been signed. But plans submitted to the city of Fayetteville show what is a large scale development at the former car dealership site that would be anchored by the Whole Foods Market. Plans call for an additional three small stores and about 330 parking spaces.

A source familiar with the project said the process for taking the development from proposed to permitted could be long and tedious. First, the developer will have to appear before the city for a plat review on April 16, where individuals on the review committee could make comments and the developers would revise plans based on the comments from the city.

On May 1, the Fayetteville Planning Commission Subcommittee will meet and additional revisions could be required based on comments from commissioners at that time.

Should developers not run into any major hurdles, the final step before receiving a building permit would be approval from the full planning commission at its May 12 meeting, though the project could be delayed or forced to go through the full planning process again should the development not gain approval from the commission.

The earliest the development is likely to receive a building permit is June or July, though a source with knowledge of the development plans said, "I don't see them going through the first time. They'll probably get pushed out to the next round due to comments (from the commission)."

With the project so fluid and no contracts yet signed, it remains to be seen if or when Northwest Arkansas residents may be able to shop locally at a Whole Foods Market. Should the project go through, real estate professional David Erstine of CBRE Northwest Arkansas — who is not connected to the project — told The City Wire in early March that it would be a boost to development along U.S. 71 (College Avenue).

“We see clients who want to locate retail to the region but in the Fayetteville area they all want to be near Joyce Avenue and the mall area. College Avenue does not fit their criteria. If a national player like Whole Foods does decide to invest on College Avenue, it could open the possibilities for others,” Erstine said.

Moving beyond the dissolution of the Walmart Bharti venture in India, Wal-Mart said Tuesday (April 8) it plans to expand its footprint in that densely populated country with 50 Cash and Carry stores over the next four to five years. 

Officials with Wal-Mart India Private Ltd., a wholly owned subsidiary Wal-Mart Stores Inc., are pleased with the way the cash and carry — wholesale business — has grown in India which is why it plans to expand this format. In addition, the retailer plans to launch a business-to-business e-commerce platform for members of its Best Price Modern Wholesale Stores.

The e-commerce site will provide wholesale customers a convenient online shopping opportunity. This virtual store will offer a similar assortment of products as the physical stores and include special items, according to an email from Wal-Mart spokesman Kevin Gardner.

The first new outlets among the 50 would open soon in western and southern India, including the states of Maharashtra and Andhra Pradesh, an inside source told Reuters. Wal-Mart India now owns and operates 20 Best Price Modern Wholesale Stores in eight states across India. The first store opened in Amritsar in May 2009. Best Price stores are akin to Sam’s Clubs, in that they require membership to shop. These wholesale clubs cater to retailer resellers, offices and institutions, hotels, restaurants and caterers.

The executive, who declined to be identified, also told Reuters the online business would be started on a wholesale basis and goods will be sold to traders on a "very small" scale. India does not allow foreign retailers to sell goods online directly to consumers

Going it alone, Wal-Mart has no choice but to focus on the wholesale segment as Indian law does not allow direct foreign ownership of grocery. That was the reason Wal-Mart first partnered with Bharti Enterprises in hopes of reaching 1.2 billion consumers Indian consumers directly. Wal-Mart pulled out of the Bharti joint venture in October last year.

Wal-Mart has said it would wait for national elections to finish in May before applying to operate retail stores in India in case the rule allowing direct investment in supermarkets is overturned by a new government. This week, the political party expected to lead India's next government said it would bar foreign supermarkets from the $500 billion retail sector, according to Reuters.

Wal-Mart’s efforts to grow its Indian business have been hindered from government laws controlling ownership, a Foreign Corrupt Practice Act probe into the retailer’s business ventures there and several changes in top management on the ground in India.

The new CEO of India, Krish Iyer, was named in December. He replaced Ramnik Narsey, who had served in the interim since June 2013, after the departure of Raj Jain, who headed up Wal-Mart’s business venture with Bharti. Jain and others were suspended by the company in 2013 during the a probe alleging bribery.

“Along with our growth, we are taking a number of important steps to strengthen compliance so that we do the right thing everyday. We are evaluating and reinforcing procedures and programs relating to all compliance areas, including licensing and permits, food safety, and responsible sourcing among others,” said Scott Price, president and CEO of Walmart Asia. 

He said the retailer will also continue its investment in supply chain infrastructure and supplier development to better serve members and customers.

The Whirlpool site in Fort Smith that has been the center of a pollution cleanup has now had deed restrictions put in place, limiting certain future activities at the site for not only Whirlpool, but any individual or company that may purchase the site.

Word of the deed restriction was confirmed Tuesday morning (April 8) by the Arkansas Department of Environmental Quality about an hour and a half before Whirlpool officials were scheduled to update the Fort Smith Board of Directors on efforts to cleanup a spill of potentially cancer-causing trichloroethylene (TCE) that occurred at its now-shuttered Fort Smith factory during the 1980s.

Katherine Benenati, public outreach and assistance division chief at ADEQ, said by e-mail that the deed restrictions only affect the 152 acre site owned by Whirlpool and does not include the residential neighborhood north of the facility that sits atop the TCE plume.

The deed restriction, filed Monday (April 7) with the Sebastian County Clerk's office, is two restrictions that prevent the use of groundwater at the site, as well as "excavation of soil, concrete or asphalt" without the permission of ADEQ. The restrictions also state that the owner of the property will be responsible for inspection and repair of the concrete or asphalt cover which will be installed at a later time as part of the remediation plan approved by ADEQ for the Whirlpool site.

Speaking to The City Wire prior to his presentation to the Board, Whirlpool's Corporate Vice President of Communications and Public Affairs Jeff Noel said the deed restrictions were a measure to protect the public from any chemicals that may remain below the surface, even after the company completes its remediation plan, which includes the use of chemical oxidation to neutralize the TCE.

"What's really good about a deed restriction is it's required in the law. So if you have a purchaser of the property, the deed requires you to do certain things. And I think the most important one is to maintain a covering, or a cap, in the area where there is contamination so that you have a control over the kind of moisture in the groundwater that can go through rain, etc. ... A deed restriction is just one more layer of assurance that if Whirlpool doesn't own the property, that we'll see to it that whoever purchases it from us will abide by those same agreements."

In the past, other moves to impose deed restrictions on properties have been met with resistance. In early 2013, Whirlpool attempted to get the Board to pass an ordinance that would have prohibited the drilling of groundwater wells in the neighborhood that sits on the TCE plume north of its plant. The move was met with much opposition and was eventually voted down by the Board.

Deputy City Administrator Jeff Dingman said the groundwater well restriction could always come back before the Board for a vote, though no action has been initiated by anyone on the Board or at Whirlpool, he said.

During the presentation to the Board, Civil Engineer Mike Ellis of ENVIRON — Whirlpool's contracted environmental consulting firm — said 30 injection sites have been placed above the TCE plume in south Fort Smith, adding that the first set of injections was completed on March 25. A subsequent injection is likely to happen in May or June, he said, adding that ENVIRON was monitoring the plume and the developing results of the injections on a weekly basis, which he said could change to a bi-weekly basis at a later time, depending on conditions and any success with the injections.

Noel told the Board he felt good about the progress being made at the site, as well as negotiations with homeowners in the neighborhood regarding possible settlements as a result of the TCE contamination. He said any details of the negotiations would not be discussed publicly, though, due to the residents retaining counsel and lawsuits having been filed against the company.

During the discussion of settlements, Mayor Sandy Sanders requested that Whirlpool take action similar to Timex, itself in the middle of a TCE pollution cleanup near Clinton National Airport in Little Rock. The company has offered to purchase up to 40 properties in its TCE zone and previously entered into a $2.5 million settlement with the airport after the nine acres Timex occupied were deemed unusable, according to a report by the Arkansas Times.

In response to Sanders' suggestion, Noel said Whirlpool was attempting to treat residents fairly.

"Because of the path that some of the residents have chosen to follow by using attorneys, I'm not in position where I can go to the media and explain for them the type of discussions that are being held with the residents. All I can tell you is we have said from the beginning that we look forward to finding a path of successful resolution with the residents and I won't give you the details of what Timex is offering, but I think there are different reactions. Our commitment is to treat the residents fairly. We're doing that and we've communicated with them and there's been a lot of things discussed with both the attorneys and with the residents."

Attorney Ross Noland of Little Rock-based McMath Woods, who represents about two dozen clients who have filed suit against Whirlpool, said Tuesday he was not at liberty to discuss negotiations with the company or whether any settlement offers have been extended.

As for what will happen to the property once remediation is completed, Noel said Whirlpool is in talks with two companies about purchasing the property, adding that "sophisticated" real estate professionals would not balk at purchasing the property, even with the deed restrictions in place. Instead, he said many potential investors would see the benefit of the site and would be eager to make use of the site's amenities and the local workforce.

Noel also referred to the often rocky relationship between Whirlpool and the city of Fort Smith, adding that the company's actions early last year in attempting to pass the groundwater well restriction were not productive and added that movement to speed up remediation efforts were because the company listened to Fort Smith leaders and residents.

"I think it's important to remind myself that it was just about a year ago when I was here and I don't believe it was a very productive meeting because of us. And I think because of your direction and your insistence that we continue to communicate, I think a lot of progress has been made and we are committed to maintaining that level of communications with you, but I will say it started with your leadership and I think it's your act of stewardship and making sure we do the right thing that is a really, in my mind, one of the reasons progress has been made."

Arvest Bank has chosen Fort Smith banker Craig Rivaldo to head up its Benton County market operations. Jason Kincy, spokesman for the bank made the announcement in an email release this afternoon (April 8), just shy of one month after Dennis Smiley’s resignation on March 13.

Rivaldo will take over as CEO of Arvest Bank Benton County effective May 1. A replacement for the Fort Smith market will be made later, as a search for the right candidate is still underway, the bank said.

“Craig Rivaldo is an excellent banker and an outstanding individual who embodies the qualities that we seek as a company. His career with Arvest spans more than 27 years and, in that time, he has proven himself to be an effective leader, a trusted decision-maker, and someone who cares deeply about the communities he serves. We are fortunate to have Craig and his family as a part of Arvest in Benton County,” said Scott Grisby, a regional executive and interim president in Benton County.

Rivaldo began his career with Arvest as a trainee with McIlroy Bank in Fayetteville (now Arvest Bank, Fayetteville) in 1987. In 1999 he was one of the original associates who started Arvest’s Fort Smith operations from the ground-up. In July 2010 he was named president and CEO in Fort Smith – one of Arvest’s top-performing banks over the past few years – when John Womack was promoted to lead Arvest operations in central Arkansas. Rivaldo began his banking career in 1982 and has worked in many areas of the bank including as a credit analyst, loan operations, commercial lending and sales manager.

“I am very excited and humbled to be given the opportunity to join an incredibly strong team in Benton County. It is truly an honor to join the bank where this company was founded and to have the chance to serve these great communities and customers.” Rivaldo commented.

Arvest Bank of Benton County is the largest of Arvest’s 16 locally-managed banks and has 28 locations in 13 communities and more than 400 employees.

Rivaldo is a graduate of Northside High School in Fort Smith, Arkansas Tech University in Russellville, Southwestern Graduate School of Banking at Southern Methodist University and the National Commercial Lending School at the University of Oklahoma. He and his wife Mary Jo have one son, Connor.

The burgeoning local food movement that has swept the nation in recent years has planted roots in Northwest Arkansas. A group known as the Northwest Arkansas Regional Food Council, which organized in 2012, has hired Karp Resources to complete a comprehensive regional food assessment.

Teresa Maurer, vendor coordinator with the Fayetteville Farmers Market, is on the food council steering committee. Maurer said the group of local food advocates were approached by Mike Harvey, chief operations officer at the NWA Council, two years ago to consider an assessment.

“We held a few meetings to discuss the best way to assess the demand and opportunities around sourcing local food. We wanted to look at businesses large and small and the economic impact on consumers and farmers,” Maurer said.

She said Karp Resources is about 50% complete with its six-month study that will at consumer and commercial demand for locally produced foods, regional agricultural production, strengths and bottlenecks in regional supply chains, access to fresh healthy foods, and food-related employment trends.

The group’s goal is to identify opportunities to produce more local food and bring it to market. Part of the analysis includes a local food survey which can be taken online by consumers, commercial buyers and food growers. Maurer said the survey and assessment results will likely be completed sometime this summer. She said the NWA Council helped to secure the funds to finance the study with  grants from the Walmart Foundation and the Endeavor Foundation.

THE MARKETS
It’s that time of year when downtown squares and public meeting plazas feature fresh produce and homemade fare at their local farmers markets. The Fayetteville Farmers Market was the first to open in 2014, hosting its first outdoor market for this season April 5. Maurer said ticket sales and traffic are up from last year.

“We have 105 members and 70 spaces around the square. This time of year we have meat, dairy, handcrafted items and some fresh produce and seasonal flowers,” she said.

The market spills over to Tuesday and Thursday mornings through October to give new vendors more sales opportunities given then are more vendor members than spaces.

“The weekday markets are growing, it has taken a little time but the traffic is up against last year. Tuesday is the smallest of the three markets.” Maurer said. “We are also adding a Sunday morning market beginning on May 4 from 9 a.m to 1 p.m.”

She said the Sunday market will be located outside the Jefferson Center, which is part of the Fayetteville school system and located at 612 South College Ave, a few blocks from downtown.

Also new to the market this year are some value-added products.

“We have one family farm that sells goat cheese all three days we are open. Another vendor has worked with the University of Arkansas’ food innovation center and is selling salsa,” Maurer said. 

BENTONVILLE
Nicki Dallison, Farmers Market Manager in Bentonville, said this marks the city’s 38th year for its Farmers Market program which opens April 26. The market is held around the Bentonville Square from 7:30 a.m. to 1 p.m. each Saturday through Oct. 25.

“We have over 65 vendors this year and we are also partnering with several groups to provide demonstrations and other activities. Local chefs will demo cooking with local food and we will have free yoga every third Saturday,” Dallison said.

She said new vendors include a hydroponic farmer that will provide fresh greens throughout the season, LONAH Mud dairies, fresh pasta maker, glutten-free booth, Air Ship Coffee and lots of fresh meat options.

SPRINGDALE
The Springdale Farmers Market is set to open May 3 at the Jones Center for Families. This year there are 40 vendors registered, according to Paula Boles, Market Manager.

Boles said the market continues to grow incrementally each year as more farmers from around the area and as far away as Carroll County want to sell their products.

“Our vendors sell fresh high quality fruits and vegetables, herbs, honey, nuts, farm fresh eggs, plants, jams & jellies, baked goods, wood furniture and handmade crafts,” Boles said.

Boles said the market is also open on Tuesday and Thursday and this year there is a new vendor on those days selling USDA certified beef, pork and chicken and a new cut flower vendor.

Also new this year are gift certificates for the Springdale Farmer’s Market. Boles said the certificates are transferred into vouchers and can be used with any of the vendors or have balances carried over to the next year if needed.

ROGERS
Located in historic downtown Rogers, the local farmers market is held at the corner of Walnut and First Streets near Frisco Station from 7 a.m. to 1 p.m. each Wednesday and Saturday beginning April 26. Kimberly Scott, manager of the Rogers Farmer’s Market said there are 10 news vendors this year, bringing the total count to 50.

“We have seen good growth over the past few years” Scott said.”This year we have some new bakers, a wood crafter and several new farms.”

All four of the farmers market contacted for this story said they accept WIC, SNAP and Senior Farmers Market Nutrition Program vouchers.

Two potential issues that may be on the November ballot offer contrasting attitudes from Arkansas voters.

The latest Talk Business-Hendrix College Poll of more than 1,000 likely voters shows that an overwhelming majority of Arkansans are in favor of raising the state’s minimum wage to $8.50 per hour, while voters are evenly split on a possible medical marijuana proposal.

Both citizen-led initiatives are collecting signatures before a July deadline to qualify for the November ballot.

Q: A proposal to allow the use of medical marijuana may also be on the ballot through the petition process. It would provide Arkansans the ability to use medical marijuana for debilitating medical conditions with a doctor’s recommendation and to allow patients to purchase medical marijuana at a regulated not-for-profit dispensary. If the election were held today and the measure were on the ballot, how would you vote?
45% Yes
45.5% No
9.5% Don’t Know

Q: Advocates are also seeking to place a measure on the ballot to increase the state minimum wage in Arkansas. The proposal would increase the minimum hourly wage for workers in the state from $6.25 to $8.50 over a three-year period. If the election were held today and the measure were on the ballot, how would you vote?
79% Yes
17% No
4% Don’t Know

“There is no shortage of popular opinion about raising the state’s minimum wage. It enjoys widespread support,” said Talk Business & Politics executive editor Roby Brock. “As for the medical marijuana proposal, it seems voter attitudes are nearly as divided as the votes cast in the last election cycle.”

In November 2012, Arkansas voters defeated a proposal to legalize medical marijuana by a 51.4% to 49.6% margin.  Talk Business-Hendrix College polling before and after that election suggested voters struggled with the ballot issue.

ANALYSIS
Dr. Jay Barth, professor of political science at Hendrix College, helped craft and analyze the latest poll. He offered this analysis of the poll results.

Minimum Wage
The most popular prospective ballot measure for 2014 is the minimum wage increase. Give Arkansas a Raise Now is collecting signatures to place on the ballot a measure to increase the minimum wage to $8.50/hour across a three year period. Our polling indicates that if the measure makes the ballot, it¹s on its way to passage as 79% of our survey respondents favor the measure.

Moreover, while ballot measures tend to have fairly high levels of undecided voters, that’s not the case with the minimum wage increase as just at 4% of voters don’t know their position on the issue.

Support shows itself across the entire state with it showing most strength in the more heavily Democratic Second Congressional district. The proposal also leads with all political groups. Nearly two-thirds of Republicans (64%), 92% of Democrats, and over three-fourths of independent voters (76%) favor it.

Because of independent voters’ crucial role in determining the outcome of the closely fought elections for U.S. Senate and Governor, the attitudes of this swing group indicate an opening on the issue for statewide Democratic candidates who have expressed strong support for the Arkansas minimum wage increase if they can focus campaign debate on the issue.

Of course, Republicans have a number of other issues, such as Obamacare, that are exceedingly positive positions with the Arkansas electorate. As always, the fall campaign will be about which party gains control of the framing of the debate.

Interestingly, and also particularly important because of women being a particular target in 2014, attitudes on the measure also show a gender gap with 83% of women and 74% of men supporting the measure.

Medical Marijuana
On the legalization of marijuana for use in situations where patients face certain medical maladies, the survey shows a tie with 45% of voters supporting and 45% opposing. Polling the issue of medical marijuana has, in our experience, been challenging. Voters have not always been forthright in stating their views on the issue in public opinion surveys (as we saw in 2012).

Moreover, the issue is complicated in 2014 by the fact that two proposals with slight differences have been proposed. If both were to make the ballot, this could produce confusion at the ballot box.

With those caveats in mind, all signs point to another very close outcome in 2014 if voters once again cast votes on the subject. Interesting patterns do show themselves among subgroups of voters. While the oldest group of voters (those above 65) are most opposed to the measure (39% yes/ 49% no), those in the 45-64 age group are most supportive (54% yes/39% no).

White voters split nearly evenly on the measure, but African-American voters are consistently supportive (52% yes/31% no) while Asian-Americans and Latinos are more throughly opposed.

In terms of partisanship, Democrats are solidly supportive (56%-33%), Republicans are in solid opposition (60%-28%), and, appropriately, independents split right down the middle.

Once again, assuming that the voters get the opportunity to speak on the issue in November, it appears we’re once again on our way to a close vote on the legalization of medical marijuana.

METHODOLOGY
This survey was conducted by Talk Business Research and Hendrix College on Thursday and Friday, April 3-4, 2014. The poll, which has a margin of error of +/-3%, was completed using IVR survey technology among 1,068 Arkansas frequent voters statewide.

Approximately 9% of the voters in our sample were contacted via cell phone with live callers. This is in response to the increased reliance by voters on cell phones. Additionally, we applied our standard weighting to the poll results based on age, gender, and Congressional district.