1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Thursday, March 29, 2018 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge HARLEY BELEW, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BOB REEVES, Commissioner Pct. 4 2 1 I-N-D-E-X 2 NO. PAGE 3 1.5 Consider, discuss and take appropriate 3 action regarding the vacancy of the Kerr 4 County 4-H position. 5 1.6 Consider, discuss and take appropriate 15 action to hire Maintenance Supervisor. 6 *** Adjournment. 18 7 *** Reporter's Certificate. 19 8 * * * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE POLLARD: 1.5 consider, discuss and 2 take appropriate action regarding the vacancy of the 3 Kerr County 4-H position. Mr. Walston. 4 MR. WALSTON: Good morning, gentlemen. I 5 appreciate y'all working with us on this -- on this 6 vacancy. I met Monday, I guess, with Dawn and Jonathan 7 and Commissioner Reeves, and we visited about the 8 vacancy that began in February with our 4-H agent moving 9 on to an industry job. We're looking at disposition 10 previously, this last go around we decided that that 11 would go under an MOU with A&M. Now we need to relook 12 at that and see if that's where you want to stay with 13 it, or if we want to take it back under the County and 14 basically operate it as a County position. 15 We visited about it. If I understand, and 16 y'all correct me if I'm wrong, y'all felt like maybe 17 that that needs to be something that goes back to the 18 County position where County has a little more control 19 over salary. 20 COMMISSIONER LETZ: Let me kind of explain 21 that a little bit, Roy, and what we talked about. When 22 we moved it to A&M one of the reasons was some new IRS 23 regulations that required it to be an educator position 24 at our salary levels to be exempt from overtime type 25 rules. Those rules are still in place, though 4 1 they're -- a lot more has been I think understood about 2 it, and it is now believed that we can do the same -- 3 accomplish the same thing by basically having the school 4 certify the educator position, which it is, and keep it 5 much more local. 6 COMMISSIONER BELEW: Will the school do that 7 when you talked to them? 8 COMMISSIONER LETZ: They do now. 9 MR. WALSTON: We have an adjunct faculty 10 from the school we get every year. 11 COMMISSIONER MOSER: School being A&M or -- 12 MR. WALSTON: High school. 13 COMMISSIONER LETZ: It will be all our local 14 school districts. All of them. 15 COMMISSIONER REEVES: And this is due to one 16 of the reasons y'all are adjunct professionals or 17 educators is because of the events that you go to during 18 the school year thus they are -- 19 MR. WALSTON: In order for those kids to be 20 excused absences they have to be under an adjunct 21 faculty. And so that's why every -- Angela, myself and 22 the 4-H agent each year have to submit to the school 23 board a letter requesting that we be included as adjunct 24 faculty. 25 COMMISSIONER MOSER: So what are the pros 5 1 and the cons of one versus the other? 2 COMMISSIONER LETZ: Well, I think the pro is 3 from my standpoint is that if it's a County funded 4 position and this gives us County control over that job 5 description and salaries and all that, a lot more. If 6 it goes with the Extension Service position, the jobs 7 are basically the same, but we have a little bit less 8 control on some of their -- 9 COMMISSIONER REEVES: We don't get to 10 control pay raises, salary benefits, stuff like that. 11 COMMISSIONER MOSER: But we made the -- we 12 switched from being a County employee to -- 13 COMMISSIONER LETZ: Extension. 14 COMMISSIONER MOSER: -- the other, and now 15 we want to switch back. So what was the cause to switch 16 back? 17 COMMISSIONER REEVES: The reason we switched 18 to A&M was at that time that was the easiest way not to 19 get into having to pay the overtime. 20 COMMISSIONER LETZ: Keep it an exempt 21 position. 22 COMMISSIONER REEVES: To keep it exempt. 23 Looking here A&M is going to have to increase the pay of 24 a 4-H agent through the MOU with either a Bachelor or a 25 Master's. If we take it back we have control over the 6 1 pay, and by using this adjunct teaching position we can 2 get the exemption for overtime pay. 3 COMMISSIONER MOSER: Will it still be an 4 exempt position? 5 COMMISSIONER LETZ: Yeah. 6 COMMISSIONER MOSER: For the County? 7 COMMISSIONER LETZ: Yes. 8 COMMISSIONER MOSER: So he's exempt either 9 way. 10 COMMISSIONER LETZ: The reason for the 11 change -- the only reason we did the change to the 12 Extension Service was that was under pretty much a short 13 time period, the only way that we thought that we could 14 get the exempt status for this position. After looking 15 at it longer and a year going by and some other 16 definitive rules coming down from the IRS, and you know 17 and now thought that it can be done the other way by 18 changing the job description a little bit and doing some 19 things locally. 20 COMMISSIONER MOSER: Okay, I see, okay. 21 JUDGE POLLARD: And we were paying him more 22 and A&M's scale was, and having a difficulty there. 23 COMMISSIONER LETZ: We were paying our's 36. 24 COMMISSIONER BELEW: We were paying less 25 then. 7 1 MR. WALSTON: We had our's at 36 and they 2 moved there's to 36, and -- 3 COMMISSIONER LETZ: But A&M is about to move 4 there's to 41, or more. 5 MR. WALSTON: 41, or 45 for a Master's. 6 COMMISSIONER LETZ: But our salaries that 7 we're going to be recommending I think they were paid in 8 the past. The salary's not a big difference, it's not 9 huge, it's just a matter on raises, and also it's a 10 little bit confusing when we put it with A&M. A&M has 11 their longevity policy, we have our longevity policy, 12 and they're not the same. So it's you know how you -- 13 and I don't remember last year during the budget, I 14 didn't do it, but it's just a matter of how you're 15 treating that employee different than everybody else. 16 So we're giving a raise to this employee, but they don't 17 get it, and that happens to Roy and Angela, too. But it 18 makes it a little simpler in my mind. 19 COMMISSIONER MOSER: Remind me how many 20 other counties have 4-H positions? 21 MR. WALSTON: 4-H positions? 22 COMMISSIONER MOSER: Yeah. So that's what 23 we'll have. 24 MR. WALSTON: I mean there's a bunch that 25 have 4-H positions that are funded through the County 8 1 through the -- 2 COMMISSIONER MOSER: Yeah, just like us. 3 MR. WALSTON: Well, like us there's probably 4 20 that are -- 5 COMMISSIONER MOSER: 20? 6 MR. WALSTON: Yeah. 7 COMMISSIONER MOSER: 20 out 254? 8 MR. WALSTON: Kendall County, Bandera 9 County, here locally, they all have county-funded 4-H's. 10 COMMISSIONER BELEW: Remember though, too, 11 Tom we have the 5th largest stock show in the state 12 around here, so that makes us a little different. 13 MR. WALSTON: And I can tell you, that's 14 going to increase. 15 COMMISSIONER MOSER: Okay, you answered my 16 question. Thank you. 17 MR. WALSTON: And based on their, you know, 18 funding from the State and things, there's probably if 19 there's going to be -- some of these counties if they're 20 going to maintain a position the county's going to have 21 to cover it, so -- 22 COMMISSIONER LETZ: The Extension Service is 23 going through a pretty big change on the state level and 24 redoing things, but I think what Commissioner Moser's 25 talking about we were -- originally we were one of the 9 1 only, if not the only, that had the 4-H set up the way 2 we did. 3 COMMISSIONER MOSER: Yeah, that's what I 4 thought. 5 COMMISSIONER LETZ: Other counties are 6 beginning to do a similar thing because A&M's not doing 7 it. 8 COMMISSIONER MOSER: So that was probably 9 the big reason. 10 COMMISSIONER LETZ: Yeah. 11 COMMISSIONER MOSER: Okay, gotcha. 12 COMMISSIONER LETZ: What was handed out was 13 on salaries, and as I said before Dakota -- we can't 14 talk about people. Our previous person, our previous 15 position was at 36 thousand. The person prior to 16 that -- and Dakota was a new hire or straight out of 17 college. The previous person prior to that who had 18 experience was at 43 thousand. So the range is in 19 there. We looked at what AG teachers are being paid in 20 this area, because it's a fairly comparable position 21 that we have to have -- because it's an educator and I 22 don't believe and I'm not sure if we have to, but I 23 believe it has to have at least a bachelor degree, you 24 know, if there's a college educator you have to meet the 25 teaching qualification. The salary that I'd recommend 10 1 is 42 thousand as the maximum, maybe go a little lower, 2 but 42 thousand. 3 COMMISSIONER REEVES: I think someplace that 4 the salary range would be -- which is what we've been 5 doing 36 to 43, and picking 42, so someplace in that low 6 40 thousand dollar range, which is what we've been 7 doing. We currently, I believe, had it budgeted at 36 8 per annum, plus roll ups, and benefits, which we have 9 not had to pay that. 10 MR. WALSTON: We've had to pay the benefits. 11 I mean they -- 12 COMMISSIONER REEVES: No. What I'm saying 13 is we have not had to -- we won't go over budget because 14 the time we get somebody hired they'll be a vacancy for 15 four months, so any difference that we end up paying 40, 16 41, 42 thousand, that difference is because we hadn't 17 been paying the salary for three to four months, so 18 we're not going to have to dig out someplace else and 19 make that. 20 COMMISSIONER MOSER: So we were at 36 21 thousand before, is that right? 22 COMMISSIONER LETZ: Last term, but the 23 person before that was 43. 24 COMMISSIONER MOSER: But last one was 36. 25 COMMISSIONER BELEW: The last one was hired 11 1 without any experience straight out of college. 2 MR. WALSTON: Straight out of college. The 3 other one had some experience. 4 COMMISSIONER LETZ: But that's the range 5 that we looked at and get some guidance on that salary, 6 whether it's 41, 42, 43 at the top. And then it'll 7 depend a little bit on the experience, and whether this 8 person is a new hire and may be closer to 36, and if 9 this person has a lot of experience, it will be closer 10 to 43. But I think there's enough budgeted funds in the 11 budget to get us through this year. 12 COMMISSIONER MOSER: So did we need to take 13 action on what the budget is today -- I mean what the 14 salary is today? 15 COMMISSIONER LETZ: Yes, I think so. 16 Because the current salary line item -- 17 MR. WALSTON: We're trying to open it. We'd 18 like to open that position, and I don't know if we can 19 do it based on the way it's worded if we can open that 20 position with it whatever salary y'all set. 21 COMMISSIONER REEVES: Do you see a problem 22 with deferring the salary and posting the job 23 description? 24 MRS. STEBBINS: No, Sir. I think that the 25 item is broad enough to do that. 12 1 COMMISSIONER MOSER: Do we post the salary? 2 MR. WALSTON: No, Sir. 3 COMMISSIONER MOSER: Because I've seen some 4 organizations do that, and I think why in the world do 5 you put the salary in. 6 COMMISSIONER LETZ: It'll depend on 7 experience again. 8 COMMISSIONER MOSER: Sure. 9 COMMISSIONER REEVES: But he needs to know 10 when he's talking whether -- 11 COMMISSIONER MOSER: Yeah. My question was 12 do you show that in the ad. 13 MR. WALSTON: If I could give you a little 14 bit of background on where Extension and why they have 15 increased their salary to 41 thousand. They realized 16 trying to get applicants, the applicants and the 17 qualified applicants that they were needing, they were 18 way behind. And so that's why they did a deal similar 19 to what we did is they polled the AG teaching positions 20 for starting salaries for Ag teachers. Of course you 21 can imagine from all across the State, depending on 22 school district it's going to vary. But this is what we 23 came up with, and then visiting with AG teachers and I 24 think Dawn got some of these, some of these I got from 25 the AG departments, and they have a starting base salary 13 1 and then they'll have an AG stipend. And that AG 2 stipend is based on the number of extra days that they 3 have allowed on their contract versus the regular 4 teacher's salary. Most of these are 226 days for AG 5 teachers, and I mean we're working 260 to 270, 280, so 6 you know, that's kind of where these came from, and I 7 was kind of surprised as to what some of them were. But 8 that's what that is. 9 COMMISSIONER LETZ: So we're basically 10 paying -- or proposing we pay the same for more hours, 11 more days, or quite substantially for another -- 12 COMMISSIONER MOSER: You got a motion? 13 COMMISSIONER LETZ: I'll make a motion that 14 we -- what's the job description? Anybody have -- we 15 revised the job description to get in line with back 16 into a County position. Bob, Dawn, Roy and Angela and I 17 all worked on that. 18 COMMISSIONER REEVES: And refer to it as the 19 4-H Education. 20 MR. WALSTON: 4-H Youth Educator. 21 COMMISSIONER REEVES: Youth Educator, so we 22 can try to take care of those other education -- 23 COMMISSIONER BELEW: So is that sufficient 24 stated that way, and then set the salary for 4-H Youth 25 Education person? 14 1 COMMISSIONER LETZ: Yes, I think so. And we 2 can bring back the -- Dawn -- not Dawn. Heather, can we 3 approve the job description of this item, or do we bring 4 the job description back since it's been revised? We 5 can bring it back without a problem. 6 MRS. STEBBINS: This is filling in the 7 vacancy of the -- well, I think it's broad enough. 8 COMMISSIONER LETZ: Just trying to avoid 9 have to come back and approve it again. 10 MRS. STEBBINS: Because you're changing it 11 following the vacancy, I think that it's broad enough. 12 COMMISSIONER LETZ: So I'll make a motion to 13 approve the job description as revised for the position 14 to be the 4-H Youth Educator, and with a maximum salary 15 of 43 thousand. 16 COMMISSIONER BELEW: I second. 17 JUDGE POLLARD: Been moved by Commissioner 18 Precinct 3, seconded by Commissioner Precinct 1 to 19 approve the salary of -- first of all approve the job 20 position description, and to set the salary at a maximum 21 43 thousand dollars. 22 COMMISSIONER REEVES: And does that motion 23 include authorizing the Extension Office to post the 24 position? 25 COMMISSIONER LETZ: Yes. 15 1 JUDGE POLLARD: Okay, is there any further 2 comment or discussion? If not, those in favor signify 3 by raising your right hands. It's four zero, unanimous. 4 One abstention, myself. 5 All right, the next item is 1.6 consider, 6 discuss and take appropriate action to hire a 7 maintenance supervisor. This is going to be in 8 executive session, is that correct? 9 COMMISSIONER LETZ: Yes. 10 (Executive Session.) 11 JUDGE POLLARD: We're back in open session. 12 Hi, Shane. 13 MR. EVANS: Hello, Sir. Good morning, 14 gentlemen. 15 COMMISSIONER LETZ: Shane, well I'll make a 16 motion to offer you the position of Maintenance Director 17 at a starting salary of 50 thousand dollars subject to 18 you working out some nepotism issues that I know you're 19 aware of. And that effective date, and the date for you 20 let us know if you're able to accept based on the 21 nepotism thing is on April 9th, which would be our next 22 meeting. Does that make sense? 23 MR. EVANS: Yes, Sir, it does. We got some 24 issues to work out with my wife's employment basically. 25 COMMISSIONER MOSER: Yeah, okay. 16 1 COMMISSIONER LETZ: Anyway, that's my 2 motion. 3 COMMISSIONER MOSER: Second. 4 JUDGE POLLARD: Been moved by Commissioner 5 Precinct 3, seconded by Commissioner Precinct 2 to offer 6 Shane the position of Maintenance Director at a salary 7 of 50 thousand, I think -- 8 COMMISSIONER LETZ: Right. 9 JUDGE POLLARD: -- subject to working out 10 some nepotism problems or so, and we'll come back to 11 that at the next regular Commissioners' Court meeting, 12 okay? All right, is that proper -- 13 COMMISSIONER LETZ: Yes. Well, we can vote 14 and then I'll make a comment. 15 JUDGE POLLARD: All right, those in favor of 16 the motion signify by raising your right hands. You in 17 favor of it, Bob? 18 COMMISSIONER REEVES: (Moving head in 19 negative manner.) 20 JUDGE POLLARD: Then I'll vote for it. It's 21 three to one, one negative vote. 22 COMMISSIONER REEVES: For the record I'm 23 opposed. 24 JUDGE POLLARD: Yeah. 25 COMMISSIONER REEVES: And for the record 17 1 it's not your job performance of what you've done, not 2 your past performance. 3 JUDGE POLLARD: And Commissioner Precinct 1 4 has left, he left the meeting, so we only have four here 5 now. All right, it passed three to one. 6 COMMISSIONER LETZ: And Shane, a comment, 7 there's a lot of discussions we had and I think it's the 8 lack of experience is certainly an issue as a 9 maintenance director, and you don't have a lot of 10 experience there -- 11 COMMISSIONER MOSER: Lack of management. 12 COMMISSIONER LETZ: Lack of management; not 13 the maintenance issue. And I will meet with you real 14 soon as liaison with the department to give you a lot 15 more guidelines where there's a lot of expectations that 16 the Court has as to what that department -- where that 17 department needs to go. I'll tell you that it needs -- 18 a lot of changes are needed. 19 MR. EVANS: Yes, Sir. 20 COMMISSIONER LETZ: And we need to get 21 things in a certain direction. Here's something, let me 22 hand it to you and you can read it later. It's 23 something that some areas -- a lot of things are left 24 off of there, you don't need to read it right now, but 25 we discussed it, but we're going to have a very explicit 18 1 improvement plan with you as to where we expect to go, 2 and I think my idea is anyway, and I think the Court 3 said, that there will be a year from now or some period, 4 there will be a number of times where we'll be meeting 5 and go over how the department's going, and then the 6 salary be looked at again at next budget, not this 7 year's but the following year budget, as to kind of 8 determination as to how everything is going. 9 MR. EVANS: Okay. 10 COMMISSIONER LETZ: Does that kind of sum it 11 up? 12 COMMISSIONER MOSER: Yeah, that's good. 13 Good summary. 14 MR. EVANS: All right. Thank you, 15 gentlemen. I'll do my best to make sure and meet 16 y'all's needs and wishes. 17 COMMISSIONER MOSER: Okay, good luck. Thank 18 you. 19 JUDGE POLLARD: All right, is there anything 20 else in open session? There being no further business 21 for us, we're adjourned. Thank you. 22 * * * * * * 23 24 25 19 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Reporter in and for Kerr County, do hereby certify that 6 the above and foregoing pages contain and comprise a 7 true and correct transcription of the proceedings had in 8 the above-entitled Commissioners' Court. 9 Dated this the 11th day of April, A.D. 2018. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 12/31/2018 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25