ORDER N0. c7:',94 PUDGET AMENDMENT TO COVER UNFUNDED STATE MANDATE TO RAY LONGEVITY SUF'F'LEMENTS TO 198TH R c1GTH ASSISTANT PROSECUTORS On this the 14th day of Jani_iar'y ~'00c, upon motion made by Commissioner Paldwin, seconded 6y Commissioner Griffin, the Co~_irt- ~_inanimously approved by a vote of 4-@-0, P~_idget Amendment n~_~mber• 1 for• the 198th District Rttor•ney in the amo~_int of X1,404.00 from Line Item No.1Q~-4a9-571 Contingency to Line Item No.10-445-33m Operating Expense. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Het OFFICE: MEETING DATE: J uary 14, 2002 SUBJECT: (PLEASE BE SPECIFIC) County Judge TIME PREFERRED: Consider and discuss Budget Amendment(s) to cover unfunded State Mandate to pay Longevity Suvnlements to 198`h and 21th Assistant Prosecutors. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. Count~Judge DISTRICT CLERKS: KERR COUNTY -LINDAUECKER EMIL KARL PROHL 830/792-2287 DISTRICT JUDGE KIMBLE COUNtt -ELAINE CARPENTER 198TH JUDICIAL DISTRICT COURT 915/d46-3353 KERR COUNTY COURTHOUSE MASON COUNTY -BEATRICE LANGEHENNIG 700 MAIN STREET 915/347-5253 KERRVILLE, TE%AS 78028 MOCULLOCH COUNTY - MACKVE JOHNSON 915/597-0733 MENARD - ELSIE MASERANG 915/398-4682 December 18, 2001 Hon. Fred Henneke Kerr County Judge 700 Main Street Kerrville, Texas 78028 Re: HB 178 and AG Opinion No. JC-0438 Deaz Judge Henneke: COURT COORDINATOR: BECKY I. HENDERSON KERB CWNTV COURTHOUSE 700 MAIN STREET KERRVILLE, TEXAS 78020 830/792-2290 COURT REPORTER: LINTON TOMLIN 208 BALL DRIVE KERRVILLE, TEXAS 78028 830/257-2105 Ron Sutton has asked that I communicate with you regarding HB 178 which was passed and becomes effective January 1, 2002. This is the first time I have heard of this bill, so I apologize for not communicating eazlier. Pursuant to the bill, as described in the attached memorandum from the Texas District & County Attorneys Association, the Counties aze required to pay a longevity supplement of $20.00 per month for each year of lifetime service credit assistant prosecutors have in the system. As you know, Donnie Coleman has been a prosecutor for a number of years with our Court. I have computed, based on Donnie's time of service, that the cost per month allocated to each of the counties would be as follows: Kerr County $156.00 Kimble County $ 23.88 Mason County $ 16.20 McCulloch County $ 31.20 Menazd County $ 12.72 These are the same prorations that were used in our budgetary submissions. The bill, in Donnie's case, would require supplementary payment of $240.00 per month. The above allocations are based on that figure. Although this is an unfunded mandate, the Attorney General has appazently indicated that it is not the State's responsibility, but the Counties responsibility to make these payments. I submit this to you for yow consideration with the understanding that these payments would begin on January 1, 2002. I know this is not a budgeted item, because I was not aware of it, however, it apparently will need to be paid. I appreciate yow understanding. Any questions should be addressed to Mr. Rob Kepple at the Texas District & County Attorneys Association, or to Mr. Sutton. Very truly yows, Emil Karl Prohl 198"' District Judge EKP:bh cc: Mr. Ron Sutton Ms. Donnie Coleman TEXAS DISTRICT & COUNTY ATTORNEYS ASSOCIATION 1210 Nueces • Austin • Texas 78701 • 512/474-2436 • Fnx: 512/478-4112 • http://www.tdcaa.com TDCAA MEMORANDUM TO: Elected Prosecutors FROM: Rob Kepple 1 RE: HB 178 and AG Opinion No. JC-0438 DATE: December 4, 2001 Yesterday Attorney General Cornyn issued Opinion No. JC-0438, responding to the opinion request by Judge Susan Reed, CDA in San Antonio, about the counties' responsibihty to pay the longevity supplement passed by the Legislature in HB 178 in the face of no state funding for the measure. The General stated that the counties do indeed have the duty to pay the supplement, even if the state does not come through with the funding. The opinion stated in part: "Subchapter D of chapter 41 of the Government Code, effective January 1, 2002, requires a county to pay a longevity supplement of $20 per month for each year of lifetime service credit to assistant prosecutors who have accrued four years of such credit, regardless of whether the legislature has appropriated sufficient funds to recompense the county for such payments. Such payments may not be offset against any other portion of an employee's compensation. The first four years of service time are to be counted in the calculation of the longevity pay." As you know, HB 178, effective January 1, 2002, provides a longevity supplement to assistants serving in offices with felony jurisdiction. The Legislature appropriated $200,000 for the biennium to fund the bill, but the Comptroller has not certified the funds as being available, and in these lean times is unlikely to do so. The Attorney General said that doesn't matter; the counties' duty to pay the supplement is not contingent on state funds being available to reimburse the counties later. (And for what it's worth, I think that is a pretty fair reading of the plain wording of the statute). This summer most of you responded to our request for personnel information so that we could get a handle on just how much this bill will cost state-wide. Turns out that the 5350,000 per biennium originally predicted by the Legislative Budget Board was very low. By my calculations, it is more like $1.8 million. B ET PROPOSAL F R 1 TH DISTRICT ATTORNEY'S FFI E 2001-2002 ITEM DESCRIPTION 103 ASSISTANT SALARY INVESTIGATOR SALARY 105 SECRETARIES 201 FICA EXPENSE RETIREMENT 206 BONDS & INS. 309 POSTAGE 310 OFFICE SUPPLIES 315 BOOKS & PUBLICATIONS 420 TELEPHONE 440 UTILILTIES 456 REPAIRS EQUIPMENT LEASE 60 OFFICE RENT 485 CONFERENCES OUT OF COUNTY EXPENSES (GAS, MOTEL, FOOD, ETC (State Contribution) TOTAL BUDGET PAYMENTS PROPOSED PAYMENTS BY COUNTIES: 2 1 REQUEST 2001/2002 REQUEST 39,900 31,000 47,000 11,500 7,940 14,400 600 1,500 2,220 4,000 5,000 200 1,800 7,200 0 41,097 37,862 47,000 10,600 8,614 21,720 625 1,500 2,220 4,000 5,000 200 1,800 7,200 0 6,000 180,260 34,500 ------- 145,760 8,400 197,838 34,500 ------- 163,338 $POP %LOAD %USED 2000 REQUEST 2001 KERR 700 60% 65% 89,833 106,170 KIMBLE 7°s 12.5% 9.75% 16,936 15,925 MASON 6% 7.9% 6.75. 11,781 11,352 MC CULLOCH 13% 13% 13% 22,090 21,234 MENARD 4% 6.6% 5.3% 6,535 8,657 COURT ORDER # BUDGET AMENDMENT REQUEST FORM DEPARTMENT NAME: 198th District Attorney Commissioners' Court (01/14J02) UNEXPENDED REQUESTED EXPENSE CODE LINE ITEM DESCRIPTION CURRENT BUDGET CURRENT EXPENSE BUDGET BALANCE AMENDMENT INCREASEI( DECREASE 10-445330 Operating Ex nse $0.00 $0.00 + $1,404.00 10-409-571 Corrti enc $41,803.53 $37,673.53 $1,404.00 ~a-3.~o~ DATE ' ' - ~~C,T~EaJn~~O(p J r 1/V ,F `O ~'~~+~~ DISTRICT CLERKS: COURT COORDINATOR: BECKY I. HENDERSON KERR COUNTY -LINDA DECKER EMIL KARL PFOHL KERR COUNTY COURTHOUSE 830f792-2281 DISTRICT JUDGE 700 MAIN STREET KIMBLE COUNTY -ELAINE CARPENTER 198TH JUDICIAL DISTRICT COURT KERRVILLE, TEXAS 78028 915/44fi-3353 KERR COUNTY COURTHOUSE 830/192-2290 MASON COUNTY -BEATRICE IANGEHENNIG 700 MAIN STREET 915/347-5253 KERRVILLE, TEXAS 78028 COURT REPORTER: LINTON TOMLIN McCULLOCH COUNTY - MACKVE JOHNSON 2DB BALL DRIVE 915/597-0733 KERRVILLE, TEXAS 78029 e3ons7-zlos MENARD - ELSIE MASERANG 915/398-4882 December 18, 2001 Hon. Fred Henneke Kerr County Judge 700 Main Street Kerrville, Texas 78028 Re: HB 178 and AG Opinion No. JC-0438 Dear Judge Henneke: Ron Sutton has asked that I communicate with you regarding HB 178 which was passed and becomes effective January 1, 2002. This is the first time I have heard of this bill, so I apologize for not communicating earlier. Pursuant to the bill, as described in the attached memorandum from the Texas District & County Attorneys Association, the Counties are required to pay a longevity supplement of $20.00 per month for each yeaz of lifetime service credit assistant prosecutors have in the system. As you know, Donnie Coleman has been a prosecutor for a number of years with our Court. I have computed, based on Donnie's time of service, that the cost per month allocated to each of the counties would be as follows: Kerr County $156.00 Kimble County $ 23.88 Mason County $ 16.20 McCulloch County $ 31.20 Menazd County $ 12.72 These are the same prorations that were used in our budgetary submissions. The bill, in Donnie's case, would require supplementary payment of $240.00 per month. The above allocations are based on that figure. Although this is an unfunded mandate, the Attorney General has apparently indicated that it is not the State's responsibility, but the Counties responsibility to make these payments.