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COMMISSIGNERS' COURT AGENDA REQUEST
-- * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Franklin Johnston, P.E. OFFICE: Road 8~ Bridge Department
MEETING DATE: May 13, 1996
TIME PREFERRED:
SUBJECT:(PLEASE BE SPECIFIC): Consider contracting with County Enaineer for additional
duties.
EXECUTIVE SESSION REQUESTED: YES XX lif reauiredZ NO
PLEASE STATE REASON: Consider contracting with County Engineer for additional duties
ESTIMATED LENGTH OF PRESENTATION: 15 minutes
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Franklin_Johnston. P.E.
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters S51 8~
S52 of the Government Code is as follows.
Meetings held on first Monday: 5:00 P.M. previous Tuesday
Meetings held on Thursdays: 5:00 P.M, previous Thursday
THIS REQUEST RECEIVED BY:
s
THIS REQUEST RECEIVED ON: @
All Agenda Requests will be screened by the County Judges Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Courf meetings. Your cooperation will be
appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
IE~c~lr°~° c~®~>m~ III®~,~ ~ ~>rIl~l~~
4010 San Antonio Hwy.
Kerrville, TX 78028
X210) 257-2993 FAX (210) 896-8480
TO: Commissioners' Court
FROM: Franklin Johnston, P.E., County Engineer
DATE: May 7, 1996
RE: Consider Contracting with County Engineer for Additional Duties
t
The duties of the County Engineer are outlined in detail in County Attorney Opinion 92-4. Septic
System, Flood Plain Coordinator, etc. are not part of the County Engineer's duties.
Since David Litke resigned, all calls relating to septic system design, flood plain, etc., have been referred
to me, ~ to 5 calls per day. I sent you a memorandum on April 16, 1996, as an outline for a contract for
additional duties, but I have not heard back from you.
If you would like me to consider these additional duties, a separated contract would be required along the
lines of the April 16th memorandum. If you would not like me to perform these additional duties, please
let me know. It now abides in a state of confusion, and the job is not being done properly.
t a
-.~ ^':~.
is ~ - -
'" - . COUNZY ATTORNEY
COUI~IY OF I~tR
STATd QF 'RYAS
COUNTY ATTORNEY 3538 EARL. GAAAEi i
DA1fm MOII_~Y KERRVn2F TcY.LS T162f
wssttTArti COUirI'7 wrroRNFrs FAY pti) t96;3eo
E HURKE Fit1HEH. JR. ()li) 896.533!
~,,~,~ June 22, 1992
Hon: Glenn K. H 'amp, County Commissioner
Kerr Count urthouse
' Kerrvil Texas 78028
Re: County Attorney Opinion 92-4: The duties and powers of
a county engineer
Dear Commissioner Holekamp:
You asked this office for an opinion regarding the duties and
powers of a county engineer. Specifically, you asked:
1. Whether the construction of a maintenance and of°ice
facility, paid for out of county road and bridge funds,
falls within the statutory responsibility of the county
road engineer.
2. Whether the county road engineer has any statutory duties
or responsibilities outside of those concerning the road
and bridge department.
As you know, the county engineer is the chief executive
officer of the Raad and Bridge Department. TEx. REV. CIV. STAT. ANx.
art. 6702-1, § 3.202 (Vernon Supp. 1992). He is responsible to the
commissioners' court for the efficient and economical construction
and maintenance of the county roads. TEx. REV. Czv. STAT. AxN. art.
6702-1, § 3.208(a} (Vernon Supp. 1992}. He is to see that the
policies of the commissioners' court relating to county roads`$re°
faithfully executed, supervise the administration of the county
road department, and prepare detailed annual budget estimates far
the construction and maintenance of county roads and the operation
of the county road department. Id. at (b}. He is required to
prepare plans and specifications far "county road construction and
maintenance. " TEx. REV. Czv. STAT. ANN. art. 6702-1, § 3 .208 (b)
(Vernon Supp. 1992).
The county road engineer shall prepare estimates and
specifications for all equipment, materials, supplies, and labor
- ,r,~., necessary for the construction and maintenance of .the county road
' department',-'. serve as custodian for all equipment, materials, and
• supplies belonging to the county-road-department expenditures, keep
a perpet~ral inventory of all county-road-department equipment,
. ~ material, and supplies, and perform other duties that are reQUired
by the commissioners' court and are consistent with this
subchapter. Id. (emphasis added).
The duties and responsibilities of the county road engineer,
therefore, clearly revolve around the construction and maintenance
of roads onl This conclusion is supported by Section 3.204 which
states that tY}e county engineer "must be a licensed professional
engineer experienced in road construction and maintenance and must
meet the qualifications required by the State Department of
Hiahwavs and Public Transportation." TE~t. REV. CIV. STaT. ANN. art.
6702-1, § 3.204 (Vernon Supp. 1992) (emphasis added). His duty to
"prepare estimates and specifications for ali equipment, materials,
supplies, and labor necessary far the operation of the county
road department," is clearly limited to those administrative and
operational matters in support of the department. Id. This
limitation also applies to the approval requirements contained in
the competitive bidding section of the subchapter. TEx. Rev. C.v.
STAT. ANN. art. 6702-1, § 3.212 (Vernon Supp. 1992).
-- The fact that the facility is being constructed with road and
bridge funds and that, when complete, will exist far the use and
benefit of the county road department does not expand the duties of
the county road engineer beyond that of maintenance of county roads
and operation of the county road department. Id. at (b).
Like~.aise, the statutory requirement that he "perform other duties
that are required by the commissioners' court" does not expand
those duties. The subchapter requires that such duties must be
"consistent with this subchapter." Id. As shown above, the
subchapter is specifically tailored to address only the
construction and maintenance of county roads and those
administrative functions in support of the operation of the
department.
You further ask whether the county road engineer has any
statutory duties and responsibilities outside those concerning the
road and bridge department. We are not aware of, nor can we
locate, any such duties and responsibilities.
SU'NII~iARY
THE CONSTRUCTION OF A MAINTENANCE AND OFFICE FACILITY, PAID
FOR OUT TO COUNTY ROAD AND BRIDGE FUNDS, DOES NOT FALL WITHIN THE
STATUTORY RESPONSIBILITY OF THE COUNTY ROAD ENGINEER.
2
WE ARE UNABLE TO LOCATE ANY LAW WHICH PLACES ADDITIONAL DUTIES
AND RESPONSIBILITIES OUTSIDE OF THOSE CONCERNING THE ROAD AND
-- BRIDGE DEPARTMENT.
Yours truly,
David Motley
County Attorney
C , r'
Stan Reid
Assistant County Attorney
hh
cc: Hon. William G. Stacy, County Judge
Hon. R. Gordon Morgan, County Commissioner
Hon. T. H. "Butch" Lackey, County Commissioner
Hon. Bruce Oehler, County Commissioner
~" Mr. Franklin Johnston, County Engineer
onr+iu~s ~r_s apr
{
3
Memorandum
To: Carulty Judge Bob Denson & Commissioners' Conrt
From: Franklin Johnston, P.E., County Engineer
Date: 04/16/1996
Subject: Temp. Environmental Health Duties
1. SCOPE
I understand that in addition to my County Engineer statutory duties, you
would like me to consider the following Environmental Health Duties until
a replacement is hired:
a. Review plans of engineered septic systems.
b. Upon inspection by stafi', and receipt a Letter of Certification
from the Designer, issue a Permit.
c. Flood Plain Management for Kerr County
I understand this position does not require the design of septic systems, or
~^ any other items, or any field inspections. Septic systems, etc. are designed by
an independent Registered Professional Engineer or Registered Sanitarian,
and upon completion of their design, they will have to make a final
inspection and write Kerr County a LETTER OF CERTIFICATION, signed
and sealed, that it was installed in a satisfactory manner and operates
according to all applicable laws and regulations. Franklin Johnston, P.E. or
Ken County would have no liability for the operation of these devises. If a
septic tank fails, it would be between the owner -designer -installer to
make corrections, and the County Attorney (or Court appointed attorney }
to enforce the law /regulation in this regard, not KCEHD.
Franklin Johnston, P.E., will NOT UNDER ANY CIRCUMSTANCES have
to do the following
a. make field inspections of any kind.
b. testify in court. ~ .~-- a -
c. second guess any Registered Professional Engineer or
Registered Sanitarian concerning their design.
d. come before the Commissioners' Court to respond to
complaints by the Public. This undermines all authority,
confidence, and esprit de coups in the KCEHD
Without agreement to the above SCOPE outline, I am not interested in the
-- additional duties of the KCEHD
2. TIME REQUIRED
Work on a flex time basis to accomplish the County Engineer and
Environmental Health duties outlined above in a reasonable manner, but not
more than 20 hours per week. (See COMPENSATION below)
3. TRAINING
Commissioners' Court will encourage seminar training in relevant areas as
determined by Franklin Johnston, P.E. to become knowledgeable in this
specialized area so I can adequately review plans, and perform my duties in
the best interest of Kerr County. Money will come from KCEHD budget
if available, or supplemented by the Commissioners' Court if required.
4. COMPENSATION
Monthly salary will be increased to $ 2,400.00 /month for a maximum of
20 hours per week for County Engineer and Environmental Health duties.
If additional time is required, additional compensation of $ 50.00 per hour
will be paid.
.- t.=-e-
Item 2.9
Consider contract with County Dhgineer
for additional duties.
(Discussion Only)
May 13, 1996
col U, Page 462