Selection of Commission Chairman Is Deferred to February

The first item on the regular agenda for the Jasper County Commissioners meeting Tuesday was to name a chair and vice-chair, and after several tries that action was deferred to the first meeting in February.

After the commissioners had amended and approved the agenda, then amended and approved the minutes of its previous meetings, it was time to appoint a chairperson. Commissioners serve for four year terms, and elect a chair, vice-chair and appoint a county attorney at the first meeting each year. They used to also name a county clerk, but now the county manager serves as clerk.

The commission, as it is currently made up, has been marked by contentiousness, and its first meeting on this last year together was no different.

Monday morning, District 3 Commissioner Jack Bernard nominated District 5 Commissioner Alan Cox for chair. Mr. Cox seconded the motion. It failed, with Commission Chairman Charles Hill, and Commissioners Mary Patrick and Carl Pennamon voting against that motion.

Then, Mr. Cox nominated Mr. Bernard. That motion died for a lack of second as Mr. Bernard said he didn’t really want the chairmanship unless they all wanted him to have it. Then, Mr. Bernard nominated Mr. Hill, and Mr. Hill seconded it. That could not get three votes either.

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Then Mr. Cox suggested that item be tabled until the next meeting. Mr. Bernard seconded it and suggested an amendment to table it indefinitely. After discussion, the group agreed to consider the action again at the first meeting in February.

For vice-chair, Mr. Cox again nominated Mr. Bernard, who suggested the motion be deferred to the next meeting after the appointment of the chair. Commissioners agreed to defer that appointment as well.

Then it was time to appoint the county attorney. Commissioner Patrick asked if the board really needs the county attorney to sit at every meeting, and pointed out that does not happen with the city of Monticello and a number of other groups. It costs the county $400-$600 each meeting for the attorney to attend, she pointed out.

She also suggested that the county attorney be directed to only prepare documents and ordinances when there is a vote of the board. Several times one commissioner has wanted a new ordinance and before talking to the other board members has had the attorney draw something up, at the expense of the taxpayers. She said that he should only act on a vote.

Commissioner Cox said “we have indicated over and over and over again that we need an attorney at every meeting.”

Commissioner Pennamon agreed, saying “We have a lot of disagreement. I think we need the attorney at every meeting.”

Commissioner Bernard said he thought the current attorney is better than some the county has had, and he finds the billings to be reasonable. “He does a good job,” said Mr. Bernard.

Staggered Terms

Commissioners then addressed the idea of staggered terms, again. Commissioner Pennamon suggested they also discuss the possibility of non-partisan elections, an item that had been added to the agenda. Commissioner Cox, in regard to staggered terms, reiterated what he had said previously and that is “We are trying to address a problem that doesn’t exist.”

The reason most often used to support staggered terms is that under the current election process, all five commissioners could be replaced at one time, leaving the board without any experience. By staggering terms, that possibility is eliminated. Commissioner Bernard made a motion to defer any action indefinitely, and Mr. Cox seconded the motion. However, the motion to defer failed with those being the only two in favor.

Then Commissioner Pennamon made a motion to have staggered terms beginning with the 2012 election, and being the same as the Board of Education. Commissioner Hill seconded the motion. Commissioner Patrick asked for clarification.

This year, Commissioners in Districts 2 and 4 will run for two year terms, and those in 1, 3 and 5 will seek four year terms. The two year term is a one-time happening. In 2014, Commissioners in 2 and 4 will run for four year terms.

After discussion, they agreed it would be opposite the Board of Education terms so everyone would have a local race to vote on in every election. Commissioner Bernard said that State Rep. Susan Holmes and Sen. Johnny Grant would not propose any local legislation unless the board was in total agreement. The board voted 3-2 to move forward with legislation for staggered terms.

Chairman Hill and Commissioner Cox cast the dissenting votes.

Commissioner Bernard said he didn’t believe Rep. Holmes and Sen. Grant are going to introduce the legislation. They didn’t discuss non-partisan elections until later in the meeting, but ultimately approved that change unanimously. So, if the legislation passes, county commissioners won’t run with a party affiliation.

Ethics

Also, at Monday’s meeting, Commissioner Patrick introduced some amendments to the commission’s ethics policy, and commissioners agreed to advertise for persons interested in serving on the board.

The amendments caused some consternation with the board, with Commissioner Bernard recommending the motion to approve the amendments be deferred to the next meeting when commissioners would have a chance to review the proposed changes. Commissioner Cox agreed with Mr. Bernard that action should be deferred. However, the other three commissioners disagreed.

The commission had agreed last month that each commissioner would bring the names of two people he or she wants to serve on the board to the January 17 meeting. With the agreement to advertise, the persons won’t be appointed until mid-February.

The ethics policy was originally adopted July 7, 2008, then brought back up late last year by Commissioner Bernard. He felt it should be put into place, and set the parameters for naming individuals to serve. At that time, the commissioners were not familiar with the policy as it has never been used.

After much discussion, the amendments to the ethics policy passed 3-2, with Commissioners Bernard and Cox dissenting.

Other Action

In other action, commissioners:

•Agreed for the chairman to sign the audit engagement letter for Clifton, Lipford, Hardison & Parker, LLC to do the audit for January 1-June 30, 2011. The engagement letter from Mark Hardison, who has done the audit for several years, spells out the fee to be the same as it is for a 12-month audit. (The county changed from a calendar year to fiscal year cycle last year, making this one audit be only a six-month audit.)

Last month, the commissioners asked staff to negotiate the price with Mr. Hardison. Chief Financial Officer Lorri Smith said they talked with Mr. Hardison, and he said the same tests are required in a six-month audit as a 12-month, and would not agree to less money.

Commissioner Patrick, who is a Certified Public Accountant (CPA), said she could not understand. She said the county records are in better shape than ever before, so Mr. Hardison’s job will not be as difficult, and it is only six months. The other commissioners agreed.

Since the work has begun, commissioners agreed to move forward, but will complete a Request for Proposals (RFP) before the next audit begins. That way, they can see how Mr. Hardison’s rate compares and possibly change auditors.

•Commissioner Patrick said the records she had requested from animal control were incomplete, and asked where the records were showing the disposition of every animal seized in the Linda Bell case. She indicated the records were not being kept appropriately.

Commissioner Pennamon said that the county spends a lot of time and focus on animal control. In this time of economic crisis, he said they really need to look at animal control which is causing a lot of chaos and confusion. He said we need to look at how to build economy and work together to improve economic conditions.

•Commissioners approved a contract with Advantage Behavior Health Systems for senior center transportation. That elicited discussion on the total budget for the senior center. Because much of the expense of the senior center is reimbursed, the county does not fund it at a high level. Commissioners Patrick and Pennamon said Rep. Holmes had expressed displeasure with the county for the small amount spent on the center.

Commissioner Bernard wanted to know just what Rep. Holmes said.

Commissioner Patrick said that Rep. Holmes expressed that the center was near and dear to her heart, and wants to be sure the center is funded. Commissioner Bernard asked if Rep. Holmes offered to get more money to spend at the center.

•Agreed to change the comment period at the meetings from at the end of the meeting to at the beginning.

•Discussed the allocation of some $200,000 that the county had received from the state in lieu of taxes. Under a fairly new conservation program, property owners can get a large tax break if they meet certain requirements. When the legislature approved that measure, the state agreed to pay counties all but 3 percent of what they lost in tax revenue. The idea was to increase “green space.”

The money was apparently due last year, not received, and not budgeted for. Some commissioners want to use the funds to help create jobs, others think it should be set aside as the county has no money set aside for emergencies. No action was taken. CFO Smith said that she would have a better idea of tax collections and actual budget status at the next meeting after she gets another disbursement of property taxes from the tax commissioner.

Commissioner Bernard reiterated his feelings that the tax commissioner doesn’t collect a high enough percentage of the taxes.

•After a closed session to discuss pending litigation and personnel, commissioners voted to direct the county attorney to take the Linda Bell (animal control) case to the District Attorney for prosecution. Four commissioners agreed to the action, and Commissioner Patrick abstained from the vote.