June 24, 1985 - 7:30 PM - County Board of Commissioners Meeting Minutes (Recessed)

Meeting of Board of Commissioners for Johnston CountyaJune 24, 1985The Johnston County Board of Commissioners reconvened in regular sessionMonday, June 24, 1985, at 730 pm, in the Commissioners Room, Johnston CountyCourthouse, Smithfield, North Carolina, with the following members presentNorman C Denning, Chairman, Frank B Holding, Vice Chairman, JamesW Cash, Howard Benton and John M Booker, DVMMembers Absent NoneAlso present Kramer Jackson, County Manager and Budget Officer, EleanorN Creech, Clerk to the Board, and W R Britt, County AttorneyThe Chairman called the meeting to order and the following business wastransacted1 Audit Contract for Fiscal Year 1984 -1985Upon the recommendation of the County Manager, Commissioner Howard Bentonmoved that Daniel G Matthews and Associates, Inc, of Smithfield, NC, be awardedthe audit contract for the fiscal year 1984 -1985 at the same rate as the previousyears contract price; Johnston County - 12,030; Mental Health - 5,820; FireProtection Funds - 1,800; Airport Authority - 1,200; rates per hour for anyadditional services will be principal at 40 per hour; Senior Accountant at 25per hour; other Accountants at 20 per hour and clerical at 12 per hourCommissioner Frank B Holding seconded the motion which was carriedby unanimous vote2 Petition for WATS LineThe County Manager presented a petition to the board from concerned citizensof - northern Johnston County who are concerned about the safety and welfare oftheir children These petitioners are requesting a toll -free number to the SheriffsOffice In a brief discussion, it was suggested that the Sheriffs Office mightbe instructed to accept collect calls in lieu of a toll-free number; this wouldprobably be cheaper than a toll -free numberNo official action was taken at this time3 Fair Labor Standards Act - Report from County ManagerReport to the board from the County ManagerSubject Fair Labor Standards Act and its Effect on the County SheriffsDepartment1 BACKGROUND On February 19, 1985, the United States Supreme Courtreversed its position on the applicability of the Fair Labor Standards Act toState and Local governments The Supreme Court ruled that State and Local Govern-ments must meet regulations of the Act as required by the US Department ofLaborTheBoard of County Commissioners were informed ofthe requirement atthe June 17,1985, meeting of the Board2PURPOSE OF REPORT The County Board instructedthe CountyManagerto researchother counties, in particular, counties similar insize andmake upof JohnstonCounty to learn how the other counties were preparingtomeet therequirementsfor l i m i t i n g , employees to 42 hours per week in theirrespectivesheriffsdepartments3 COUNTIES RESEARCHED I telephoned , the county managers of the otherten counties with a population between 60,000 and 80,000 Of the total elevencounties in this category, six counties have a population smaller than JohnstonCounty and four counties have a population larger than Johnston County Johnstonspopulation is 5 larger than the average for all counties in this category4 FINDINGS Of the eleven counties, nine are actively seeking a solutionto the problem, one county hopes to meet the requirements later and one countyis not addressing the problem until a meeting can be set up with the Instituteof GovernmentiJJune 24, 1985 ContinuedStatewide, 44 sheriffs departments already meet the 42 hour per weekwork load and 11 sheriffs departments work a 60 hour per week work load Theten counties with a population between 60,000 and 80,000 are addressing the FLSArequirements Statistics on Burke, Caldwell, Craven, Harnett,, Henderson, Lenoir,Nash, Orange, Union and Wilson Counties in report; report on file 5 CONCLUSION It would be erroneous for us in Johnston County tothinkthat we havea market on wisdom and thatwe are wiser than citizensandboards in allother counties combined Wehave to accept the fact thatothercounties aresimilar to ours, have similarproblems, have similar needs,andin their ownways have tried to addressproblems of providing sufficientlawenforcement fortheir citizens while balancing acounty budgetThe question of whether or not we have an adequate size sheriffs department,provide adequate law enforcement and spend sufficient public funds for the sheriffsdepartment is a judgment decision made by the Board of County CommissionersThis judgment decision can best be measured when we compare our sheriffs depart-ment with other North Carolina sheriffs departments in counties of similar sizeThere are three basic areas which lend themselves to uniform comparisonThese three areas are 1 population of the county, 2 square miles within thecounty and 3 number of law enforcement officers in the sheriffs departmentOther areas of comparison may have some relevance but tend to become irrelevantin overall comparisonWhenthe three areasof 1 population, 2county size and 3 numberof of,ficersare compared, wediscover that JohnstonCounty has 48 more areato cover, 5more population and 63 fewer officers perpopulationTo be average amongsimilar size counties,Johnston County would need14 additional officers basedon population and 28additional officers based onsquare milesof countyThe opportunity to meet legal requirements of the federal Fair Labor StandardsAct within the sheriffs department brings two observations into focus First,Johnston County has the lowest number of law enforcement officers of all countiescompared and second, the county can not meet the requirements of the FLSA withoutpaying a large amount of overtimeThe Wage and Hour Division of the Department of Labor has announcedthat ,the act will be enforced retroactively to April 15 and if violations arefound the Department of Labor will determine back pay due employees from thatdatej6 RECOMMENDATION I have to believe that our, Johnston County citizensare deserving of law enforcement services which are at least equal to the averageservices provided other North Carolina citizens I believe that average shouldbe the minimum acceptable level and not a goal in and of itselfIt is apparent, at the present time, that the county has- a legal obligationto provide a sufficient number of employees to insure a 42 hour maximum workweek for law enforcement officersI cannot, with a clear conscience, recommend that county government violatethe law of the land nor can I recommend that Johnston County citizens receiveless than the average law enforcement provided in other North Carolina countiesI, therefore, recommend that law enforcement officers be restricted to working171 hours per each 28 day cycle as required by law and further recommend theemployment of sufficient officers to bring the sheriffs department to the averagelevel of 489 officers per each 10,000 population This standard requires an increaseof 14 officers The County Manager explained there are a few exceptions to the new law;people in executive positions; department heads; administrative people supervisingtwo or more employees; and professional people with a degree working in thatarea This means in the Sheriffs Off ice the exceptions are the Sheriff; the ChiefDeputy; and the Chief of Detectives The County Manager also explained th tdocumented monthly time sheets will be required in order to comply with the neregulations He pointed out the Fair L bor Standards Act applies to all countiesand cities and they shall, according to the Supreme Court ruling, comply withthe new lawAfter much discussion, by motion of Commissioner Frank B Holding, dulseconded by Commissioner James W Cash and carried, the Board of CommissionerEinstructed the County Manager to settle on overtime pay retroactive to April 15,1985, with each law enforcement officer on an individual basis It was suggested bythe board that a signed statement documenting their overtime be required fro reach officer 5June 24,, 1985 Continued4 Farmers Home Administration BuildingThe County Manager reported, as requested by the board, he had talkedwith Jack i e McLamb, Supervisor, Farmers Home Administration, and 750 persquare foot was the maximum FHA was paying for rent, however, if the boardwishes to make a formal request he will take it before his board for considerationIn discussion, the board favored negotiating and building office spacefor the Farmers Home Administration staff5 School Employees - Requirements of County Relative to Pay RaisesThe County Manager reported, as requested by the board, the law of theState requires the Board of education to request funds from the county to covertheir needs; the law of the State requires the Board of Commissioners to determinewhat the county can afford to appropriate to the schools; the Board of Commissionersappropriate funds to the schools to be used either for current expense or capitaloutlay The County Manager further reported the county has no legal obligationto pay local school employees the same salary as approved for State employees;and that there are no county employees working in the school system6 Budget Session - Sheriffs DepartmentThe Sheriff again addressed the need of additional manpower- for his depart-ment7 School Budget SessionThe County Manager presented new work sheets on the school budget tothe board for review and consideration In the Current Expense Budget the SchoolBoard has requested 5,456,518; the recommended amount is 5,184,473; the requestedamount an increase over 84 -85 of 341,702; the Capital Outlay budget requestfrom the School Board is 2,198,106; the recommended amount is 1,265,355; therequested amount an increase over 84 -85 of 493,839In addressing salaries for school employees, it was the opinion of themajority of the board that the School Board should decide and set salaries forschool employees Chairman Denning stated the Board of Commissioners need todetermine how much the county can give the schools and then the School Boardshould act on what percentage they can give for salary increasesIn discussion of the School Budget, Commissioner John MThe board assured theSheriff that due to the new rulesandregulationsparents ofof the FairLabor StandardsAct they are required to abide bytheselaws andtothe SupremeCourt ruling Theboard discussed additional deputiesfor the SheriffstheDepartment,they stressed tothe Sheriff that he should try tostaywithin the171 hours and use overtime very cautiouslyiAftera very lengthydiscussion on the Sheriffs requestforadditionaldeputies andautomobiles; the Chairman polled each member oftheboard andthey agreedto appropriatefunds in the 1985 -1986 budget -fornineadditionaldeputies andnine automobiles;and 25,00000 for overtime pay if needed7 School Budget SessionThe County Manager presented new work sheets on the school budget tothe board for review and consideration In the Current Expense Budget the SchoolBoard has requested 5,456,518; the recommended amount is 5,184,473; the requestedamount an increase over 84 -85 of 341,702; the Capital Outlay budget requestfrom the School Board is 2,198,106; the recommended amount is 1,265,355; therequested amount an increase over 84 -85 of 493,839In addressing salaries for school employees, it was the opinion of themajority of the board that the School Board should decide and set salaries forschool employees Chairman Denning stated the Board of Commissioners need todetermine how much the county can give the schools and then the School Boardshould act on what percentage they can give for salary increasesIn discussion of the School Budget, Commissioner John MBookerstatedhe hopes he can justify in his mind and explain to the schools,toparents ofchildren, and to the taxpayers of Johnston County, what the boardwillbegivingto the schools in this years budget Commissioner Booker respondedtotherecom-mended school figures; that he felt they are workable figures andthattheboardcould handle these recommended amountsThe Chairman polled each board member for their recommendations for CurrentExpense and Capital Outlay funds for the School BudgetCapital Outlay Commissioner Benton - 1,265355 as recommended bythe County Manager; Commissioner Cash - 1,710,000; Commissioner Holding -1,710,000; Commissioner Booker — 841,181; plus 200,000 for equipment and furnitureCurrent Expense Commissioner Benton - 5;184,473; as recommended bythe County Manager; Commissioner Cash - 5,392,771; Commissioner Holding -5,392,771; Commissioner Booker - 5,184,473Commissioner Benton said he feels any Capital Outlay funds the SchoolBoard intends to use for the Selma Middle School project should be held in reserve;until such time as a long range plan for schools in Johnston County can be de-velopedlIVJune 24, 1985 ContinuedOther board membersdid not favorrestricting the schools CapitalOutlayfunds at this time Chairman Denning andCommissioner Holding stated thefundsshould not be restricted bythis board; ifthe Selma Middle School is notbuilt;the School Board should goon with the next most pressing project CommissionerHolding continued; the Boardof Educationshould be encouraged to planandstart a school and that theBoard of CountyCommissioners I would hopewouldcommit to appropriate fundsto finish theschool project in the 1986 -1987fiscalyearcars; overtime pay for theSheriffs Office- 25,000Commissioner James W Cash stated, I hope there are a lot of schoolsthat wi I I be built down the roadThe board made no final decision on the school budget at this time8 Budget Discussion - Miscellaneous ItemsInfurtherbudget discussionthe board tentatively approved items in thebudget; Princeton