COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Barbara Nemec MEETING DATE: July 11, 2005 SUBJECT: (PLEASE BE SPECIFIC) Consider and Discuss Budget Amendment request No. 6 dated September 27~', 2004. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Barbara Nemec ESTIMATED LENGTH OF PRESENTATION: 5 mins. IF ~sRSONNEL 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: OFFICE: Treasurer /U: c5 TIME PREFERRED: 9-55"A.M. Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. 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 prepazed 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. Barbara Nemec Kerr County Treasurer July 5, 2005 County Judge & Commissioners: On October 5`}' Tommy Tomlinson, County Auditor told me the Court needed a letter of explanation before Budget Amendment No. 6 dated September 27~` could be approved. I provided a letter to the Court (copy of letter attached). Zeke from the San Antonio Express News called me last month stating that he had been faxed information that this was not approved. According to the minutes (copy enclosed) Commissioner Williams stated, "I withdraw the motion. If we can get explanation, we'll put it on a subsequent agenda." I followed through with what had been requested of me and now am told by Zeke that this was not done. Please consider approving and ratifying this Budget Amendment. Sincerely, ~' B )bara Nemec M.E.M.O Date: October 5, 2004 To: County Judge, Commissioners and County Auditor x.~ From: Barbara Nemec, County Treasurer s~y Subject: Requested Budget Amendment #6 Dated September 27, 2004 The above request was made for the following reasons: My chief-deputy took several weeks of vacation during our busiest time of year. I normally do not require anyone to work in her absence. However, this was during the budget process and I was unable to keep up with all her duties, my duties, work through the budget process and meet all deadlines. My part time person also took vacation time during our busy time of year. While she was gone the workload in the office not only required an additional person to help me out with my duties while I was busy doing the duties of my part-timer, but also required someone here to helg my chief-deputy with her workload. The workload in this office has increased due to several reasons. One of the biggest reasons is the turn over in the Juvenile Detention Center. The amount of terminations and new hires has really affected our workload. I am hoping this will be resolved soon. I do not believe in telling my staff when they can or cannot take their vacation time they have earned. ,'~ Now we are in October and my chief deputy is taking comp time off which she has \, ~ earned. The FLSA Law requires an employer to grant comp time off when it is requested. This again will require me to have someone come in or give my part-timer more hours during this period. The October 15th payroll is very time consuming since all salaries have to be changed. It will be impossible for me to do this myself and continue to work on my everyday duties as well. So I will be requesting another budget amendment in the 2004-2005 budget. However if all goes as planned this amount will be able to come out j of my chief deputy line item. There are times I have used students from Tivy who have to make up hours at school and as long as I don't pay them they can work off their hours here. This however is not always possible but always my first choice. Page 1 of 3 Barbara Nemec ;~ From: "kbanik" To: "Barbara Nemec" Sent: Tuesday, October 05, 2004 2:15 PM Subject: Budget Amendment 6 Barbara -this was the original discussion about your budget amendment: MR. TOMLINSON: Number 6 is from the Treasurer. Her request is to transfer $1,650 from the Group Insurenee line item to Part-Time Salaries. JUDGE TINLEY: What's -- whaYs the balance in her insurance? Obviously, it's $1,650 or more, isn't it? MR. TOMLINSON: Yes. JUDGE TINLEY: Okay. MR. TOMLINSON: IYs that much at least. ('r'--^ COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: I -- see if you can get a second before I talk. j,~EOMMISSIONER NICHOLSON: I'll second. COMMISSIONER LETZ: I have a question, while Commissioner 1's thinking. My question is, is there a reason -- there's a need for part-time help down there? I mean, part-time is something we kind of budget for. This is a pretty big amount. MR. TOMLINSON: I don't have the answer to that. COMMISSIONER LETZ: I mean, if there's -- if someone's sick or someone's going to leave that's one this but I don't kno -- ow we'd need apart- 'm COMMISSIONER WILLIAM d be nice ff we had an explanation. JUDGE TINLEY: I can't give you one. COMMISSIONER WILLIAMS: I withdrew my motion. °- COMMISSIONER NICHOLSON: We have a buiR-in budget item, as Commissioner Letz or somebody said, that indicates that that's a job and a quarter or something like that. It also surprises me that w anotheX $1,650. COMMISSIONER WILLIAMS: I withdraw the motion. If we can get an explanation, we'll put it on a ~ singe uPnt app-+,ria..__ _ _ - JUDGE TINLEY: Okay. COMMISSIONER LETZ: Are any of the -- COMMISSIONER WILLIAMS: Do you withdraw your second? COMMISSIONER BALDWIN: I didn't make it. COMMISSIONER LETZ: There's two employees and the elected official, correct? MR. TOMLINSON: There's apart-time and afull-time. COMMISSIONER NICHOLSON: One employee, elected official, and one -- JUDGE TINLEY: Part-time. COMMISSIONER LETZ: -- part-time. COMMISSIONER NICHOLSON: Permanent part-time same position, all the time. MR. TOMLINSON: I might could get an answer before you adjourn. If you -- JUDGE TINLEY: Going to have to be pretty quick. COMMISSIONER LEIZ: You can do it by tomorrow. We meet tomorrow. We can handle something like this if we mess. JUDGE TINLEY: Yeah, we can go ahead and recess. Yeah, that would be okay. (Discussion off the record.) ~~COMMISSIONER LETZ: Some of us may be here. I'm not sure if I will. JUDGE TINLEY: You withdrawing your motion, then? COMMISSIONER WILLIAMS: Yeah, waiting for some explanation. JUDGE IINLEY: Okay. '"~ Then they talked about a few other things and came back to it: 10/5/04 Page 2 of 3 JUDGE TINLEY: I guess the question now is, how do we hand{e tfie one remaining budget amendment thaYs outstanding from the Treasurer's office? -~° COMMISSIONER LETZ: Recess tilt 12:55. I mean, it can't take long to do this, if she has an answer today - - or 12:45. COMMISSIONER WILLUIMS: We'll still be here at 1:00? COMMISSIONER LETZ: Yeah. COMMISSIONER NICHOLSON: How about the court reporter? JUDGE TINLEY: Well, we need her here for that. The -- the TexDOT meeting starts at 1:00. MS. MITCHELL: Mm-hmm. JUDGE TINLEY: Okay. Goes from 1:00 to 4:00. COMMISSIONER LETZ: Will the court reporter be here for the TexDOT meeting? JUDGE TINLEY: She's not going to take that, no. COMMISSIONER LETZ: I don't think that we should have the court reporter have to come back for afive- minute -- COMMISSIONER NICHOLSON; Shouldn't tie up six people for this thing. JUDGE TINLEY: Yeah. But we got one budget amendment. COMMISSIONER NICHOLSON: Wfiat happens if we don't a rov ' ~ two weeks? COMMISSIONER WILLIAMS: Yeah, a onginally; bring it back dt the next court meeting. COMMISSIONER BALDWIN: Eit er that or approve n is moment. COMMISSIONER WILLIAMS: Either that or what? COMMISSIONER BALDWIN: Either that or approve it right now. COMMISSIONER WILLIAMS: ThaYS okay, if we have an explanation. COMMISSIONER NICHOLSON: We're going to wind up paying rt either way. We can approve R now and get her explanation later. COMMISSIONER BALDWIN: That's true. That's true. COMMISSIONER WILLIAMS: Make the motion. --~ COMMISSIONER NICHOLSON: I move to approve. COMMISSIONER BALDWIN: Second. °` JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 6 from the Treasurer for part-time help. Any question or discussion? All in favor of the motion, signify by raising your right hand. _~~_____._ (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. ' (NO response.) JUDGE TINLEY: We stand ad" um - (Recess taken from :50 p.m. to 3:57 p.m.) JUDGE TINLEY: Let me -- let's o ck on the record. Actually, what I meant to do was recess rather_tha^ adjourn. I was hoping we'd find ou t e circumstances behind this -- this Budget Amendment Number 6 that was proposed by the County Treasurer. So, having done so in ercor, I will rescind my declaration of adjournment, but rather recess, and I will now bring us back to order. Do we have any knowledge about the circumstances of -- of this part-time help request? MR. TOMLINSON: Judge, I --the information I have is not direct from the Treasurer. My recommendation would be to have her personally explain the purpose for the -- for the amendment. COMMISSIONER WILLIAMS: Before we take any action? MR. TOMLINSON: Yeah, before we take any action. COMMISSIONER BALDWIN: I agree with that. ,p ~,~, ~ ~ JUDGE TINLEY: Seems reasonable. '~~=-=-"COMMISSIONER LETZ: I'll make a motion that we rescind the prior court order, and make a motion that we take no action on this at this time. COMMISSIONER NICHOLSON: Second. COMMISSIONER WILLIAMS: Second. JUDGE 7INLEY: Motion made and seconded to rescind the prior court order approving the Budget Amendment Number 6. Any further queston or discussion? All in favor of tfie motion, signify by raising your " right hand. (The motion carried by unanimous vote.) 10/5/04 Page 3 of 3 JUDGE TINLEY: All opposed, same sign. (No response.) -- JUDGE TINLEY: That motion does carry. Do we have any further business to come before the Court today, or any anticipation that we'll need to have further business to come before the Court within the next 24 hours? COMMISSIONER BALDWIN: Give us a few minutes. JUDGE TINLEY: In that event, why don't we just recess, then? COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: And we'll have it available to us in the event there is other business to come up. So, we'll stand in recess. IYs 4 o'clock. (Commissioners Court recessed at 4 p.m.} 10/5/04