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KERR COUNTY JUVENILE FACILITY
BOARD OF TRUSTEES MEETING
Monday, April 10, 2006
12:15 p.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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I N D E X
April 10, 2006
PAGE
1.1 Consider, discuss and take appropriate action
to convert the Kerr County Juvenile Detention
Facility to a preadjudicated facility only
under the supervision of the Juvenile Probation
Department; that within a reasonable period of
time, it is suggested the Juvenile Probation
Department move its operation to the new annex
building, and that in the meantime, we examine
alternatives for the utilization of the old
building; the staffing would be as set forth by
the T.J.P.C. regulations, and Mr. Kevin Stanton
will head up that and will be making those
decisions; a]so, incorporate a complete examination
of the cost to incarcerate a juvenile on a
preadjudicated basis and determine the exact
cost and what, if any, reasonable addition to
that cost can or should be charged to other
counties who send their children here 3
Consider, discuss, and take appropriate action
regarding the restructuring of the Kerr County
Juvenile Detention Center, including, but not
limited to, personnel, salaries, and building
configuration 19
--- Adjourned 20
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On Monday, April 10, 2006, at 12:15 p.m., a meeting of
the Kerr County Juvenile Facility Board of Trustees was held
in the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
P R O C E E D I N G S
JUDGE TINLEY: I will now call to order the meeting
of the Kerr County Juvenile Facility Board of Trustees. That
meeting was posted for Monday April 10, 2006, at 11:30.
Obviously, it was delayed because of the Commissioners Court
I meeting, but the first item on the agenda is to consider,
County Juvenile Detention Facility to a preadjudicated
facility only under the supervision of the Juvenile Probation
Department; that within a reasonable period of time, it is
suggested the Juvenile Probation Department move its operation
to the new annex building, and that in the meantime,
examination of alternatives for the utilization of the old
building; staffing would be as set forth by T.J.P.C.
regulations, with Mr. Stanton heading that up and making those
decisions; also incorporating a complete examination of costs
to incarcerate a juvenile on a preadjudicated basis and
determine the exact cost and what, if any, reasonable addition
to that cost can or should be charged to other counties who
send their children here. Commissioner Williams, I think you
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were the one that initiated this.
COMMISSIONER WILLIAMS: Thank you, Judge. I did
initiate it, and with the indulgence of the trustees, I'd like
to make just a few comments about it before we get into the
discussion. Subsequent to last Monday's special Commissioners
Court meeting during which we dealt with issues relating to
the Juvenile Detention Facility, it was called to my attention
that the posting for that meeting should have been as the Kerr
County Juvenile Detention Facility Board of Trustees, not Kerr
County Commissioners Court, thereby complying with Chapter 63
of the Human Resources Code. I take responsibi]ity for this
error in posting.
Secondly, as the maker of the motion to bring the
administration of the facility under the Kerr County Chief
Probation Officer, it was not my intention to shift the
liability for the J.D.F. operation away from the Board of
Trustees to the Juvenile Probation Board. The sole purpose, I
believe, was to seize upon an opportunity presented by
Ms. Harris' resignation to find a way to lessen the financial
hemorrhaging of this operation, while still providing a
preadjudicated juvenile detention facility for Kerr County.
Authority for this action, I believe, is stated in a
memorandum dated August 15, 2005, from Lydia Thomas, Senior
Staff Attorney for the Texas Juvenile Probation Commission,
and that memorandum was addressed to the Chief of the Kerr
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County Probation -- Juvenile Probation and the Kerr County
prepared by the Chief Probation Officer and looked at closely
during the '05-'06 Kerr County budget workshops. Y appreciate
Mr. Stanton's willingness to work with Commissioners Court,
and I thank the Juvenile Probation Board for allowing him to
do this and share his expertise with us.
Final]y, the agenda item that the Judge just read
was put together and prepared by telephone from me to our
administrative assistant, without the opportunity to edit it
prior to its posting, and I confess that it is somewhat
convoluted, and what I'm handing out today is a clarification
of the issues that are -- should be or are embodied in 1.1.
Those are my comments, Judge.
JUDGE TINLEY: Essentially, it tracks the items that
were on the agenda at the special meeting which occurred, 1
guess, a week ago?
COMMISSIONER WILLIAMS: Essentially, this Board of
Trustees action would -- would supersede that, and I believe,
probably, to close the door on our action of Commissioners
Court, it would be necessary to rescind that court order, and
I can put that on a subsequent Commissioners Court agenda for
officially rescinding of it. That was Court Order Number
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29629, I believe, and that probably should be officially
rescinded. I don't know that it necessarily has to be done
today, but it needs to be done at some point in time very
soon.
COMMISSIONER BALDWIN: Well, I'm curious about
taking any action today, because I understand that there are
-- or I have a notice here saying that there is a Juvenile
Board meeting tomorrow morning. I just think it would be
foolish for us to take action, approve somethinq, and then the
Juvenile Board say no, we're -- you can't go that route, and
there we are back to square one. So, it's my opinion that --
wait and see what the Juvenile Board will do tomorrow morning,
and then us make some decisions and probably meet on Thursday
or something like that.
COMMISSIONER LETZ: I mean, I would probably tend to
agree with that. I also think it should be noted that -- or,
I mean, I think Mr. Stanton brought up the Juvenile Board,
whether we go to the Juvenile Board or they need to look at
what we had done. And I can't remember exactly how it was
said or what was said, why it was said, but the information
was that that didn't need to be done, and it did need to be
done, evidently. So, I think that, you know, if we -- I mean,
the Court clearly caas trying to work with the Juvenile Board
on this, and I think some of them got their feathers ruffled
that we were trying to act unilaterally. That wasn't the
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case. In our communications, we -- that question was brought
up, and it was decided that, no, that didn't have to be done.
So, I agree with Commissioner Baldwin. I mean, let the
Juvenile Board look at the plan and give us any feedback, and
if they want to have a joint meeting, I think we ought to be
welcome to have a joint meeting. They've been reluctant to
meet with us before, but that's the way to move forward, it
seems to me, if they have any, you know, differing views of
what should be done out there or concerns and things of that
nature.
COMMISSIONER WILLIAMS: I would just ask
rhetorically, if -- if we, as a Board of Trustees, don't take
a -- a recommended or an approved approach to altering this
facility, what issue, then, is in front of the Juvenile
Probation Board?
COMMISSIONER BALDWIN: The action that the
Commissioners Court took last week.
COMMISSIONER WILLIAMS: Which could very easily be
said is -- was an illegal action, because it didn't come as an
action of the Facility Board of Trustees.
COMMISSIONER BALDWIN: Absolutely. But the plan and
those words are still there. Whether it was illegal or not,
that's still the intention of this Court, I would think.
COMMISSIONER WILLIAMS: Mm-hmm.
COMMISSIONER LETZ: Or I guess we could try to
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reiterate that as a plan and toss it up for them, and let them
decide what they want. I mean, I think Commissioner Baldwin's
point is accurate. We don't -- I mean, unilaterally, it's
difficult for us to do anything, because we are intertwined
with the Juvenile Board on this, and the only way you can make
a definite decision is to have a joint meeting where everyone
agrees. That isn't posted for today or tomorrow, so all we
can do is send up a plan and see if the Juvenile Board is --
you know, concurs with that. ~
COMMISSIONER BALDWIN: And then set another meeting
for 72 hours, and Let's deal with this thing and move forward.
COMMISSIONER WILLIAMS: Are you talking about a
joint meeting with the Juvenile Board, or --
COMMISSIONER BALDWIN: I would prefer a joint
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meeting. I'd prefer a joint meeting.
COMMISSIONER LETZ: I think that way you get
everything on the table and you avoid back-and-forth, and one
side thinking the other side is doing something which has
never been the case.
COMMISSIONER WILLIAMS: Well, Judge Tinley's chair
of both of those. I think I'd like to hear him weigh in on
It.
JUDGE TINLEY: There's a meeting of the Juvenile
Board set for in the morning as indicated, and I -- I prepared
the agenda, and in response to what the Court did last week.
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And, obviously, until the board meets, I'm not sure how
they're going to respond to that.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: But as chair, you can call a
joint meeting at any time for both bodies, correr_t? S mean, I
know you can -- I know you can call us whenever you want to.
JUDGE TINLEY: I assume I can. I don't know; I
haven't checked that. I haven't checked it.
COMMISSIONER BALDWIN: Try it, Judge. See what they
do.
JUDGE TINLEY: Huh?
COMMISSIONER BALDWIN: You may like it.
JUDGE TINLEY: I see. Well, I could offer you that
same suggestion also. You try it.
COMMISSIONER BALDWIN: We11, if -- if I had the
authority, we would meet with the Juvenile Board in here
Thursday morninq.
COMMISSIONER LETZ: Well, to move so that -- I mean,
so there's something for the Juvenile Board to work on, why
doesn't Commissioner Williams draft a motion as to what the
plan is, at least, and then -- I mean, I would support that,
without definitively doing anything, and then let the -- put
it before the Juvenile Board. And, you know, then tomorrow
morning, it can be discussed about a joint meeting, or just
call -- Judge can just call a joint meeting. For what it's
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worth, I will be gone Thursday and Friday, but I don't need to
be here for that meeting.
COMMISSIONER BALDWIN: Oh my gosh. When will you be
back?
JODGE TINLEY: I think it's essential that everyone
be present. Don't you, Commissioner?
COMMISSIONER BALDWIN: Absolutely.
COMMISSIONER LETZ: I'll be back Tuesday.
COMMISSIONER NICHOLSON: I don't know; you may get
assigned to the Library Soard. (Laughter.)
COMMISSIONER BALDWIN: Yeah.
I
COMMISSIONER WILLIAMS: Well, I just have to remind
-- I have to remind this Board of Trustees that when we had --
when we adopted Chapter 63 of the Human Resources Code, we
opted to be, in effect, t_he governing body over these types of
decisions. And in doing so, I believe we told the Juvenile
Probation Board that they were not -- they didn't have the
responsibility for the -- for the operational aspects of the
Juvenile Detention Facility, whatever their responsibilities
are, or are codified in state law with respect to oversight
and so forth. 1 believe that's correct. If I'm wrong in that
assumption, then somebody please -- County Attorney or
somebody else please tell me I'm incorrect.
MR. EMERSON: Well, I think you're correct, but I
think where the issue gets convoluted is that under the plan
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that was presented last week, you're asking the full-time
employee of the Juvenile Board; i.e., Mr. Stanton, as head of
the Juvenile Probation Department, to step in at some point
and give some percentage of his time to be administrator of
the facility. And for him to do that, his employer, the
Juvenile Board, has to approve that.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: And as I recall, I understand
there was some liability issue because of traditional
liability related to the juvenile facility. Could that not be
handled also through an interlocal agreement, whereas
II Mr. Stanton's performing this function of supervising that
facility for the Board of Trustees, not through the Juvenile
Board?
MR. EMERSON: Correct.
COMMISSIONER LETZ: So, we -- I mean, we could
remove the two functions so he reports to the Board of
Trustees for operational issues, and he continues to do what
he does for the Juvenile Board. And that can be handled
through interlocal agreement, I would think.
MR. EMERSON: Correct.
COMMISSIONER WILLIAMS: I still don't know what our
pleasure is. I guess our pleasure is to put it aside.
COMMISSIONER LETZ: Well, the Juvenile Board
evidently got upset when we took action, so I think we're
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reluctant to take action until we hear from them.
COMMISSIONER. NICHOLSON: I think we need a joint
i meeting sooner or later.
COMMISSIONER WILLIAMS: Okay with me.
COMMISSIONER NICHOLSON: I'm willing to take action
and say -- reconfirm that these are the things we want to do.
But I think to get it completely done, we can't be batting the
ball back and forth. We need to sit down and say, okay, we
got a deal.
COMMISSIONER BALDWIN: One of the issues is the time
frame of the change of the guard, and I thin Y, that is next
Friday.
COMMISSIONER LETZ: 14th.
COMMISSIONER WILLIAMS: Yes, sir, this coming
Friday.
COMMISSIONER BALDWIN: This coming Friday.
JUDGE TINLEY: Friday's a holiday, I might add, too.
COMMISSIONER BALDWIN: And Friday's a holiday. So,
if -- if Mr. Stanton's -- we think he's the guy, and he's
going to interview everybody and decide who leaves and who
goes, and then the Juvenile Board comes along and says, "No,
you're not," then, you know, we're -- we've got a problem.
COMMISSIONER NICHOLSON: Let's ask for a joint
meeting on Thursday.
COMMISSIONER BALDWIN: Okay, I'm all for that.
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COMMISSIONER LETZ: So am I.
COMMISSIONER BALDWIN: You have to postpone your
trip.
COMMISSIONER LETZ: I don't --
MR. EMERSON: My only comment would be that if you
want any action out of the Juvenile Board tomorrow at all, I
think you need to at least propose some kind of tentative plan
for them to look at and discuss.
COMMISSIONER BALDWIN: Which we have.
MR. EMERSON: If I were on the Juvenile Board, I
don't think I would discuss a, quote, illegal order from the
week before.
COMMISSIONER BALDWIN: Okay. So, we need to do an
order out of here today?
COMMISSIONER LETZ: Of the plan. And maybe we
should mention a joint meeting in the motion.
COMMISSIONER BALDWIN: Go to it, wordsmith.
COMMISSIONER WILLIAMS: Well, I would move that the
it Kerr County Juvenile Facility Board of Trustees take an action
I consistent with the clarification of Agenda Item 1.1, which is
we are considering, discussing, and taking appropriate action
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to reconfigure the Kerr County Juvenile Detention Facility to
a preadjudicated-only facility, to be housed in the J.D.F.
annex building, with minimum staffing in accordance wLth
i T.J.P.C. regulations, and we request concurrence of the
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Juvenile Probation Board to place the daily operation of the
Kerr County Juvenile Detention Facility under the supervision
of the Juvenile Probation Department Chief Probation Officer,
and compensate it accordingly from the J.D.F. budget. And we
suggest to the Juvenile Probation Board that within a
reasonable period of time, and facilities permitting, the
Juvenile Probation Department offices be relocated to the
K.C.J.D.F., and examine all alternative uses for the main
J.D.F. building and/or possible operational alternatives, and
examine per diem rates charged by other counties for housing
their preadjudicated youth and set a new per diem rate based
on actual costs plus an administrative fee, a formula to be
determined based on staff recommendations and approved by the
Kerr County Juvenile Facility Board of Trustees. I move that
as a plan of action.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion on the motion?
COMMISSIONER BALDWIN: Judge, I do have a question
on the motion. Minimum staffing in accordance with T.J.P.C.
regulations. Last year, Kerr County -- or the facility
averaged seven Kerr County kids per day. Is that correct or
is that not correct?
MR. STANTON: Yes, sir, that is correct.
COMMISSIONER. BALDWIN: Yeah, it is correct. All
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right. So, what is the staffing level -- what does the State
require as staffing level? One staff member per how many?
I'm talking minimum.
MR. STANTON: Eight.
COMMISSIONER BALDWIN: Eight. So, we could -- in
this thing, what I'm seeing -- what I'm hearing, the order
here is calling for eight, because we only average seven kids
over the year. But in your request, you ask for 16.
MR. STANTON: 16 total, yes, sir, for the four
~ shifts.
COMMISSIONER BALDWIN: 16?
MR. STANTON: Well, I'm sorry, it would be 12.
COMMISSIONER WILLIAMS: I can't hear you, Kevin.
I MR. STANTON: It's 12 J.D. -- it's 12 JDO's and four
control room operators. It's three JDO's per shift, plus a
control room operator, is the request that was made.
COMMISSIONER BALDWIN: Okay. And, so, with that
many staff, how many students can we house in there?
MR. STANTON: 24.
COMMISSIONER BALDWIN: 24, all right. But we
could -- we could do it for just eight kids, which would fit
Kerr County perfectly. Yes is the answer. And -- but the
reason, what I understand -- and here's my point.
MR. STANTON: Yes, sir.
COMMISSIONER BALDWIN: What I understand, you going
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from that 8 to 24 is so that we could house kids from the
198th district that don't have another place to go.
MR. STANTON: That's part of it, yes, sir.
COMMISSIONER BALDWIN: Duh. Okay, thank you very
much. That's all I need to know.
MR. STANTON: Thank you.
COMMISSIONER WILLIAMS: Also, there's a male/female
issue, is there not?
MR. STANTON: Yes, sir, there is.
COMMISSIONER BALDWIN: Thank you.
JODGE TINLEY: Any other questions or comments on
the motion?
COMMISSIONER LETZ: Well, a question. Minimum is
minimum, and minimum doesn't mean 24. Or up to --
COMMISSIONER BALDWIN: That's right.
COMMISSIONER LETZ: Minimum is -- you knew, Kevin
did -- eight is males, so if you went male and female, it's
16.
MR. STANTON: Yes, sir.
COMMISSIONER LETZ: So, minimum -- to include male
and female, minimum is 16, not 8. Is that right? Am I right?
MR. STANTON: You could -- you could do as
Commissioner Baldwin said if you didn't have males and
females. If you have males and females, you would have to
have a minimum of two JDO's per shift. You'd have to have one
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with the males and one with the females. But when you do
that, you're also tying up the staff, because you have to have
-- you have to have a male JDO in the dorm with the males; you
have to have a female in the dorm with the females. And then,
if have you intakes or anything else that come in that have to
be handled, you can't pull the JDO out of that to do -- to
handle the intakes, so you have to have somebody that's going
to do the intakes and take care of that portion of it -- of
the job. So, the minimum that you can do it with, I believe,
is three JDO's per shift. But by having three JDO's per
shift, you're then qualified to hold up to 24 kids.
COMMISSIONER LETZ: But what happens if you're -- if
you have 17 kids? You have -- say you have two dorms of boys,
one dorm for the girls, and you have an intake.
MR. STANTON: Xes, sir.
COMMISSIONER LETZ: Who does the intake then? Are
you in the same problem of having to pull someone out of a
dorm to do the intake?
MR. STANTON: We11, it depends on the -- the time or
the issue. I mean, if they're in school session or if it's
night and everybody's asleep, there's different issues that
come into effect of who you could pull out or who could do the
intake at that point. It's really -- I mean, if you have one
person watching one person, you could have the other JDO
supervise that child while this other -- it's just -- it's a
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staffing ratio. For every eight kids, you have to have one
JDO in the building.
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: I would certainly be in favor
of doing whatever it takes to include the 198th district area
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young people.
MR. STANTON: Yes, sir.
COMMISSIONER BALDWIN: I agree with you on that.
But I think that we need to talk about actual numbers here.
When you talk about minimal staffing, I'm like Jon; I see --
"minimum staffing" says to me one person per eight kids.
MR. STANTON: Yes, sir.
COMMISSIONER BALDWIN: So --
MR. STANTON: If you take into account the other
counties that we contract with, last year we averaged nine
kids per day.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: I think, in the second part
of this agenda, there was to be a discussion about staffing
levels. That's in the addendum for this agenda; it's on the
second page.
DODGE TINLEY: We got us a motion right now.
COMMISSIONER LETZ: Well, my question is that the --
where is it? Didn't you have a minimum here?
COMMISSIONER BALDWIN: Yeah, the very first
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paragraph.
JUDGE TINLEY: Opening paragraph.
COMMISSIONER WILLIAMS: Right in the opening
paragraph.
COMMISSIONER LETZ: Okay. And if it is minimum
staffing -- that's a vague term, based on our last five
minutes of discussion.
COMMISSIONER BALDWIN: It is. It is. You really
want to go with what number? What number of students do you
want out there?
COMMISSIONER LETZ: Or we can leave it "minimum
staffing," and then at our joint meeting, discuss it.
JUDGE TINLEY: Any other questions or comments on
the motion? All in favor of the motion, signify by raising i
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: That motion does carry. The second
item on the agenda is consider, discuss, and take appropriate
action regarding the restructuring of the Kerr County Juvenile
Detention Center, including, but not limited to, personnel,
salaries, and building configuration.
COMMISSIONER LETZ: This is really premature.
COMMISSIONER WILLIAMS: This was the item that was
9-10-Oti KCJF Board of Trustees meeting
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on the Commissioners Court agenda that Mr. Stanton had worked
up the numbers and so forth, and it's up to the trustees
whether you want to hear it or not.
COMMISSIONER LETZ: I mean, it seems to me that if
we're concerned about -- this is taking another whole step
beyond what our last motion was, you know, for us to discuss
all of the personnel and who's going to do what and all that
type of thing before we even know if we're going to do it.
COMMISSIONER WILLIAMS: You can put it off.
JUDGE TINLEY: Any member of the board have anything
to offer in connection with this particular agenda item?
COMMISSIONER BALDWIN: Not till after tomorrow.
JUDGE TINLEY: Any other business to come before the
Board of Trustees? Board will stand adjourned.
(Kerr County Juvenile Facility Board of Trustees
meeting was adjourned at 12:37 p.m.)
4-lU-uh F:C~F Board of Prustees meeting
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STATE OF TEXAS
COONTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 18th day of April,
2006.
JANNETT PIEPER, Kerr County Clerk
BY: -1~,~ -
Kathy anik, Deputy County Clerk
Certified Shorthand Reporter
4-lu-ur K.C JF Board of Trustees meeting
ORDER NO. 29640
DISCUSS KERB COUNTY JUVENILE DETENTION FACILITY
OPERATIONS
Came to be heard this the 10th day of April, 2006, with a motion made by
Commissioner Williams seconded by Commissioner Letz. The Kerr County
Juvenile Facility Board of Trustees unanimously approved by vote of 4-0-0
to:
Take action consistent with the clarification of Agenda Item 1.1, which is we
are considering, discussing and taking appropriate action to reconfigure the
Kerr County Juvenile Detention Facility to apre-adjudicated only facility, to
be housed in the Juvenile Detention Facility Annex Building with minimum
staffing in accordance with T.J.P.C. Regulations; and
Request concurrence of the Juvenile probation Board to place the daily
operation of the Kerr County Juvenile Detention Facility under the
supervision of the Juvenile Probation Department Chief Probation Officer,
and compensate it accordingly from the Juvenile Detention Facility budget;
and
Suggest to the Juvenile Probation Board that within a reasonable period of
time, and facilities permitting, the Juvenile Probation Department offices be
re-located to the KCJDF; and
Examine all alternative uses for the main Juvenile Detention Facility
building and/or possible operational alternatives; and
Examine per diem rates charged by other counties for housing their pre-
adjudicated youth; and set a new per diem rate based on actual costs plus an
administrative fee, a formula to be determined based on staff
recommendations and approved by the Kerr County Juvenile Facility Board
of Trustees.