ORDER NO.29263 BUDGET AMENDMENT COUNTY TREASURER Came to be heard this the 25`h day of July 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams. The Court unanimously approved by vote of 3-0-0 ratifies the budget amendment dated September 27, 2004. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Barbara Nemec MEETING DATE: July 25, 2005 SUBJECT: (PLEASE BE SPECIFIC) Consider and Discuss And Ratify Budget Amendment request No. 6 dated September 27th, 2004. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Barbara Nemec ESTIMATED LENGTH OF PRESENTATION: 5 mins. 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: OFFICE: Treasurer TIME PREFERRED: 9:30 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. _,~ << e o~ KERB COUNTY ATTORNEY REX EMERSON COUNTY COURTHOUSE, SU[TE BA-103 700 MAIN STREET ~ KERRVILLE, TEXAS 78028 July 18, 2005 County Judge and Commissioners County Treasurer RE: Whether the court can approve/ratify a budget amendment from prior budget year. Dear Judge, Commissioners, Treasurer: I have not been able to find any written literature on the subject, however I did discuss the issue with David Brooks. It was Mr. Brook's opinion that the court could cure an irregularity from the prior budget year so long as the court did not ex post facto take away a benefit already conveyed to an individual. Amendments transferring funds among line items within county departments that do not exceed budget are at the discretion of the commissioners court. ~' i Rex Emerson MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 FAX (830) 792-2228 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Barbaza Nemec MEETING DATE: July 11, 2005 OFFICE: Treasurer TIME PREFERRED: 9:55 A.M. SUBJECT: (PLEASE BE SPECIFIC) Consider and Discuss Budget Amendment request No. 6 dated September 27th, 2004. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Barbara Nemec ESTIMATED LENGTH OF PRESENTATION: 5 mins. 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: 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 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. Barbara Nemec Kerr County Treasurer July 5, 2005 County Judge & Commissioners: On October 5th Tommy Tomlinson, County Auditor told me the Court needed a letter of explanation before Budget Amendment No. 6 dated September 27`t' 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, l~:_.' ~C2.~L~~tc~, :%,11'/1 «L Barbara Nemec M.E.M.O Date: October 5, 2004 To: County Judge, Commissioners and Couuty Auditor From: Barbara Nemec, County Treasurer ~,~,`~ 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 help 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 \ f~ 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 j 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 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 Insurance 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: It's 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 -- 'rf somenne's sick or someone's going to leave that's one this but I don't kno -- ow we'd need a rt-tim COMMISSIONER WILLIAM , rtd be nice if we had an explanation. JUDGE TINLEY: I can't give you one. ~ -COMMISSIONER WILLIAMS: I withdraw my motion. COMMISSIONER NICHOLSON: We have a built-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 another $1,650. COMMISSIONER WILLIAMS: I withdraw the motion. If we can get an explanation, we'll put it on a su~yent s7genda, _.... 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 LETZ: You can do it by tomorrow. We meet tomorrow. We can handle something like this if we recess. 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 TINLEY: 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 handle the one remaining budget amendment thaYs outstanding from the Treasurer's offrce? COMMISSIONER LETZ: Recess till 12:55. I mean, it can't take long to do this, if she has an answer today - - or 12:45. COMMISSIONER WILLIAMS: 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: What happens if we don't a ro ' ? two weeks? COMMISSIONER WILLIAMS: Yeah. a onginally; bring it back at 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 rt right now. COMMISSIONER WILLIAMS: ThaYs okay, if we have an explanation. COMMISSIONER NICHOLSON: We're going to wind up paying it either wa We can approve it 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'oum (Recess taken from :50 p.m. to 3:57 p.m.) JUDGE TINLEY: Let me -- let's go,j~ck on the record_Actually, what I meant to do was recess rather than 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 error, 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 LFfZ: 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 WILLL4MS: Second. JUDGE TINLEY: Motion made and seconded to rescind the prior court order approving the Budget Amendment Number 6. Any further question or discussion? All in favor of the 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 furtlier 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 v} ~l " PUBLIC PARTICIPATION FORM ~/ FOR KERR COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the Agenda Item (or Items) you0wish to address are discussed. Name: .. ~e~-flee ti,J~ ,/ Address: / o ~GU' y Telephone: eW ~ r ~ l ~ , / Cie q $ 7 e Da0 Place of Employment: a ~¢,,, /o c.~/ Employment Telephone: ~" ~.3 O ' .3 7 ~' W .3S" Do you represent any particular group or organization? Yes ~ No If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? l• In general, are you for or against such Agenda Item (or Items)? For ^ Against r ature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the uodium please state vour name and who/what you represent clearly for the court reaorter to accurately record who you are.