1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Monday, October 7, 2019 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: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 1.1 Consider, discuss and take appropriate 3 action regarding National 4-H Week 4 Proclamation. 5 1.2 Introduction of new County Auditor, 7 Tanya Shelton. 6 1.3 Consider, discuss and take appropriate 8 7 action regarding official bond of Tanya Shelton for the position of Kerr County 8 Auditor. 9 1.4 Consider, discuss and take appropriate 9 action to implement approved COLA for 10 FY 19-20 for pay date October 18, 2019. 11 1.5 Pay Bills. 10 12 1.8 Court Orders. 10 13 1.9 Consider, discuss and take appropriate 11 action regarding Court Order #37693 14 regarding any options available for accrued compensation time. 15 *** Reporter's Certificate. 35 16 * * * * * * 17 18 19 20 21 22 23 24 25 3 1 COMMISSIONER LETZ: All right, let's go 2 ahead and get started this morning. Let me call to 3 order the Special Commissioners' Court meeting, October 4 the 7th, a little after 9 a.m. And I think the Judge is 5 here and he is in a meeting for a few minutes. Let's go 6 down and take care of a few things, a little bit out of 7 order. 1.8 court orders. Where is the county clerk? 8 JUDGE KELLY: I'm sorry. 9 COMMISSIONER MOSER: Oh yeah, we need that, 10 don't we? 11 COMMISSIONER LETZ: We're in session, okay, 12 but now we're looking for a County Clerk. 13 JUDGE KELLY: So are we in session? 14 COMMISSIONER LETZ: Yes, we're in session. 15 I called us to order, and I went to 1.8 court orders. 16 So I'll turn it back to you, Judge. 17 JUDGE KELLY: Well, we've got a roomful of 18 people here today that we need to aknowledge. Let's 19 call 1.1 consider, discuss and take appropriate action 20 regarding National 4-H Week Proclamation. Where's Roy 21 and Jennifer? Jennifer, I see. 22 MS. FIEDLER: Good morning. I'm surprised 23 we're here bright and -- I don't know if some of y'all 24 were at our wild game dinner Saturday night, so it was a 25 big day for us. 4 1 We want to recognize our 4-H youth today for 2 National 4-H Week. 3 COMMISSIONER BELEW: We can do our photo op. 4 Are we go to do a photo op? 5 MS. FIEDLER: Yes. 6 JUDGE KELLY: I was driving in the parking 7 lot and I saw all these green shirts and I had to stop 8 one of you and ask who you were. Good to see that many 9 youth here this morning. 10 MS. FIEDLER: Y'all want to introduce 11 yourselves real quick. 12 MS. HALL: I'm McKenna Hall, I'm a senior in 13 high school, and I've been in 4-H for seven years. 14 JUDGE KELLY: Good. Just kind of come 15 around. 16 MR. HALL: I'm Jonathan Hall, and I am 9, 17 and I am in fourth grade. And I've been in -- this is 18 my second year. 19 JUDGE KELLY: You know, I'm that way, too 20 sometimes when I remember my age. 21 (County Clerk, Jackie Dowdy, present.) 22 MR. HALL: I'm Nathaniel Hall, I'm 15 years 23 old. I have been in 4-H six years. 24 MS. WEISER: Hi. I'm Makayla Weiser, I'm 17, 25 I'm a senior at Tivy High School, and I've been in 4-H 5 1 for ten years. 2 JUDGE KELLY: And I stopped you in the 3 parking lot to find out what you were doing. Next. 4 I'm Samuel Hall, I'm 12 years old, and I'm 5 7th grade. 6 MS. RECTOR: I'm Molly Rector, I'm a 7 freshman, 14 years old, and this is my 9th year in 4-H. 8 MS. RECTOR: My name's Maggie Rector. I'm 9 a freshman, and this is my 9th year of 4-H. 10 JUDGE KELLY: Good. 11 COMMISSIONER BELEW: Now, the Rector girls 12 are two of the kids that went out and planted a tree in 13 the park the other day. Who else went with you? Are 14 they here? 15 MS. MAGGIE RECTOR: No. 16 COMMISSIONER BELEW: Thank you girls, that 17 was very nice. 18 MS. FIEDLER: So Irene wants to take a 19 picture of y'all real quick. 20 (Photo op.) 21 COMMISSIONER LETZ: And Makayla will be the 22 President this year, correct? 23 MS. WEISER: Yes, Sir. 24 COMMISSIONER LETZ: You did a very good job. 25 MS. WEISER: Thank you. 6 1 JUDGE KELLY: Okay, Proclamation. 2 Whereas, the Kerr County Commissioners' 3 Court is proud to honor the 4-H Youth Development 4 Program of the Texas A&M AgriLife Extension Service for 5 112 years of providing experience-based education to 6 youngsters throughout the Lone Star State; and 7 Whereas, this admiral program, which seeks 8 to provide learning experience for the whole child, 9 including head, heart, hands, and health helps young 10 Texans to acquire knowledge, develop life skills, and 11 from attitudes to enable them to become self-directed, 12 productive, and contributing members of our society; and 13 Whereas, it's more than 550,000 urban, 14 suburban, and rural youth participants, ranging in age 15 from 8 to 19, hail from diverse ethnic and socioeconomic 16 backgrounds, and truly represent a cross section of the 17 State; and 18 Whereas, the program undoubtedly could not 19 have achieved the success that it has today were it not 20 for the service of its more than 22,000 volunteers who 21 have given generously of their time, talents, energies, 22 and resources to the youth of Texas; and 23 Whereas, throughout its proud history, the 24 4-H program has developed positive role models for 25 countless Texans and through its innovative and 7 1 inspiring programs, continues to build character and to 2 instill the values that have made our state strong and 3 great. 4 Now, therefore, be it resolved, that the 4-H 5 Youth Development Program of Kerr County has hereby 6 designated October 6 -- Kerr County Commissioners' Court 7 has designated October 6 to 12, 2019 as National 4-H 8 Week in Texas, and commend the 4-H Youth Development 9 Program of the Texas A&M AgriLife Extension Service and 10 the many men and women who have made the program a 11 success. 12 COMMISSIONER LETZ: Judge, I make a motion 13 that we approve the Proclamation that's been read in the 14 record. 15 COMMISSIONER HARRIS: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Letz, seconded by Commissioner Harris to 18 approve the Proclamation as read in open Court. Is 19 there any other discussion? Those in favor raise your 20 hand. Five zero, unanimous. 21 1.2 the introduction of the new County 22 Auditor, Tanya Shelton. We have at long last we have 23 filled a position for Auditor, and we are thrilled to 24 have you on board. We hate to throw you right into the 25 fire, but as you can see we have many burning issues as 8 1 you know, and you're certainly welcome. 2 MS. SHELTON: Thank you. 3 JUDGE KELLY: 1.3 consider, discuss and take 4 appropriate action regarding official bond of Tanya 5 Shelton for the position of Kerr County Auditor. And we 6 don't have -- 7 COMMISSIONER LETZ: The bonds are in there. 8 JUDGE KELLY: Okay. 9 COMMISSIONER LETZ: It's in the packet, I 10 believe. 11 JUDGE KELLY: This is a Proclamation. 12 COMMISSIONER LETZ: The bonds are right 13 there. 14 JUDGE KELLY: Okay. 15 COMMISSIONER MOSER: In the yellow tabs. 16 JUDGE KELLY: Is there a motion to approve 17 the bond? 18 COMMISSIONER BELEW: I'll make the motion. 19 COMMISSIONER MOSER: Second. 20 JUDGE KELLY: Motion been made by 21 Commissioner Belew, seconded by Commissioner Moser to 22 approve Miss Shelton's bond. Any other discussion? 23 Those in favor raise your hand. Five zero, unanimous. 24 Now give us a minute while we sign these. 25 Let's figure out where we are. Today is 9 1 the -- October 7th. 2 JUDGE KELLY: Okay, next item on the agenda 3 is 1.4 consider, discuss and take appropriate action to 4 implement the approved COLA for FY 19-20 for pay date 5 October 18th. James Robles. 6 MR. ROBLES: Good morning. For October 7 18th, we have two dates in that period, September 29th 8 and September 30th, which would normally be paid a 9 lesser rate. The Court approved a COLA of two percent 10 to begin in FY 19-20, and we'd like to get the Court's 11 permission to pay the new rate as of 9-29. And the 12 reason for this is we have a holiday that next pay 13 period, and it would be administratively difficult to 14 split two different rates between that. 15 Now, the entire cost of paying one full day 16 plus a Sunday, which very few employee works for, is 17 about 15 hundred dollars. But it'll save us a lot of 18 time, for HR's Office. 19 COMMISSIONER MOSER: Make a motion that we 20 approve paying the total beginning September 29th as 21 presented by the staff of the County Auditor's Office. 22 COMMISSIONER LETZ: Second. 23 JUDGE KELLY: Been moved by Commissioner 24 Moser, seconded by Commissioner Letz to approve paying 25 the COLA for the two last days of FY 18-19 for sake of 10 1 convenience. Any other discussion? Those in favor 2 raise your hand. 5 zero, unanimous. 3 1.5 pay bills. 4 MR. ROBLES: Okay, we have two different 5 years that we're paying here. For fiscal year FY 18-19, 6 Kerr County $163,506.30. Airport, $18,510.15. Juvenile 7 Probation, $1340.00. Fund 95, which is the 198th DA 8 Chapter 59, $132.47. For fiscal year 1920 Kerr County, 9 $593,531.12. Airport is 646. Juvenile Probation, 275. 10 COMMISSIONER HARRIS: Move to approve. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: Motion been made by 13 Commissioner Harris, seconded by Commissioner Belew to 14 approve paying the bills. Any further discussion? 15 Those in favor raise your hand. Five zero, unanimous. 16 1.6 budget amendments? 17 MR. ROBLES: No, Sir. 18 JUDGE KELLY: 1.7 late bills? 19 MR. ROBLES: There are none. 20 JUDGE KELLY: Okay, 1.8 court orders. 21 COMMISSIONER LETZ: Yes, we do have some 22 court orders from the September 30th special session. 23 Court orders 37739 through 37744. I make a motion to 24 approve as they were originally written. 25 COMMISSIONER HARRIS: Second. 11 1 JUDGE KELLY: Motion been made by 2 Commissioner Letz, seconded by Commissioner Harris to 3 approve court orders. Any further discussion? Those in 4 favor raise your hand. Five zero, unanimous. 5 1.9. This is on the addendum, and that is 6 to consider, discuss and take appropriate action 7 regarding the Court Order #37693 regarding any options 8 available for accrued compensation time. 9 Well, this issue's come to my attention. 10 And let me start by saying that we're here today in a 11 special meeting, and these special meetings are 12 something that I have encouraged since taking office, 13 mainly because it's the only chance that we as 14 Commissioners' Court really get a chance to talk with 15 one another because of the restrictions of the Open 16 Meetings Act. And as such, it's been a great 17 opportunity for us to discuss county business. 18 And a lot of what we're about to discuss 19 with regard to comp time have been discussed not only in 20 general Commissioners' Court meeting, but also in these 21 special meetings and has gone on now for a period of 22 time, I want to say several months, and is one of the 23 last major items with regard to the adoption of the 24 budget, which many of you know I was not in favor of, 25 but I was not an obstacle to. 12 1 And so the issue of comp time has been 2 cussed and discussed in this courtroom frequently over 3 the past several weeks, and those that would like to 4 continue discussing and cussing are free to do so at 5 this time. 6 MRS. LANTZ: Good morning, Judge, 7 Commissioners. The comp time that has been allowed for 8 my department is very small and minimal, and my deputies 9 are going to be using it in October and it was already 10 scheduled to be used in October for the employees that 11 did not have time. We don't accrue a lot of comp time 12 and I encourage my employees to use it within the 13 two-week pay period that we get it. So the comp time 14 that was on the books, I believe for my department was 15 around $111.00, and so very minimal like I said. 16 And I am very -- like I said, a good steward 17 of making sure my employees use their comp time. And 18 I'm speaking on behalf of myself and my department. I 19 understand budget hearings were going on. I was in a 20 lot of them. But as far as the comp time goes, I think 21 that's referencing more our larger departments where 22 they do have overtime limit budgeted, and my department 23 does not. So I would like those funds to stay available 24 in my department because they will be used this month. 25 13 1 The other thing is it would have been nice 2 at least if we would have got an e-mail. I will abide 3 by whatever the Court decides, but my employees came to 4 me and said hey my comp time's gone, what happened to 5 it. It would have been good at least to get some kind 6 of an e-mail from someone letting us know that it was 7 going to be wiped out, and then I would have made sure 8 they took their comp time in September. Thank you. 9 COMMISSIONER MOSER: So you're discussing 10 $111.00, is that the thing at issue here, or you talking 11 about something for the whole year? 12 MRS. LANTZ: No. Just the money that was 13 going to be paid out for this past fiscal year is going 14 to be paid out -- they're going to use their time this 15 month in October. 16 COMMISSIONER MOSER: So it's $111.00? 17 MRS. LANTZ: That's it. 18 COMMISSIONER MOSER: Good. I guess the 19 question would be when we change a policy like that, 20 how's the policy disseminated amongst all the 21 departments. I think that's what Dawn is asking, too? 22 MRS. LANTZ: And the other thing, too, I did 23 read the policy, and our employees according to our 24 policy are allowed to carry 72 hours in the policy book. 25 So I mean my employees maybe have two hours, but I 14 1 always encourage them, or I basically ask them please 2 take your comp time before you take your vacation. So 3 they pile that on with their vacation in order to take 4 their days. And if they run late a day, and we have 5 court that following week, we make sure they leave, so 6 there's not comp time on the books. 7 JUDGE KELLY: Sheriff, you kind of started 8 this whole thing. 9 SHERIFF HIERHOLZER: Yes, probably so. And 10 I agree with what we started. And I'm not going to 11 knock Dawn. Dawn and I are good friends. But you know 12 a lot of things come out of this Court and that's why I 13 try and make a habit to be present during most the Court 14 hearings especially during budget time, and -- 15 COMMISSIONER BELEW: You don't trust us. 16 SHERIFF HIERHOLZER: -- even if it's not up 17 for budget, I want to know what's going on. 18 JUDGE KELLY: And know that that's not lost 19 on us and we appreciate your presence. 20 SHERIFF HIERHOLZER: Well it keeps things 21 from slipping underneath the rug, you might say. But 22 you know, the one thing is the new policy does show 60 23 hours; not 72 hours. That was adopted in the general 24 orders, okay, this budget year. 25 JUDGE KELLY: That's what I thought. I was 15 1 going to ask for clarification. 2 SHERIFF HIERHOLZER: And the other think is 3 and I checked with James, and they did put out an e-mail 4 about this. And the one thing about the build-up time 5 and planning to take it off. A lot of my employees had 6 time that they were planning to take off in the future, 7 okay? And as long as they had entered that in that time 8 off request in Incode, it was run, and that amount of 9 time was not in what's being paid. They were still 10 being allowed to burn off that time that they wanted to 11 burn off. 12 I think in the long run because of the 13 extended cost of what comp time does to this County from 14 one budget year to the next if they're allowed to build 15 it up. I think the County did a great thing in adopting 16 the policy that they adopted. I think 60 hours is 17 ample. You know, some of my guys will build up some of 18 that time, and we'll try and keep it under that 60 of 19 course. We'll have to, because I put out a policy, or 20 memo also that said they couldn't go above the 60 unless 21 it was approved, which is in the policy. So other than 22 just differing with Dawn a little bit on some things, 23 the way they ran it and ran to check it, and I just had 24 to check with the Auditor's Office to see how they were 25 going to do it because the same question came up. And 16 1 the questions were answered, and I appreciate the 2 Auditor's Office in trying to get it together. I think 3 it sets very well and will help in the future. 4 COMMISSIONER BELEW: My question is why was 5 it the Auditor's Office instead of HR? What am I 6 missing? What's -- 7 SHERIFF HIERHOLZER: Money. 8 COMMISSIONER BELEW: -- the protocol? Well, 9 I understand that. But notice of something happening 10 like this that affects employees, I would expect to go 11 through HR, the notice of it rather than -- 12 SHERIFF HIERHOLZER: Well, I think it was a 13 very joint deal. It had to take both of them from what 14 I -- because I've talked to HR, and I've talked to the 15 Auditors. It's just kind of where that e-mail kind of 16 came out of. I think it was a total joint deal between 17 the Auditor, and the new Auditor may have more input 18 into that. 19 MS. SHELTON: Well, and Tracy was part of 20 that also. We had five people together in a meeting to 21 kind of discuss it, and I think James took it and put 22 the memo together, if that's the memo we're discussing. 23 But also HR had another memo that came out even after 24 that with a particular each separate line item so that 25 we all understood what was happening and how it was 17 1 going to happen, so it was more procedural. It's where 2 the Auditor's Office came in. 3 COMMISSIONER MOSER: So the request from 4 Dawn is because of this transition, let me put it that 5 way, from last year to this year. And the policy that 6 maybe something has fallen through the crack as far as 7 communication or whatever. So you are requesting an 8 exception -- 9 MRS. LANTZ: Yes, Sir. 10 COMMISSIONER MOSER: -- just an exception 11 that could not exceed $111.00. So I would move to make 12 an exception of this in light of the new policy being 13 implemented and -- 14 JUDGE KELLY: Before we do that, are there 15 any other changes we need to consider? Is that the only 16 exception that we really have? Mr. Reeves. 17 MR. REEVES: Gentlemen, my only question 18 once again is to reiterate and go on record that it is 19 up to the department head or elected official. I'd long 20 y'all to reaffirm that, whether we can use that time as 21 I explained to you, especially with my Elections 22 Department. Sometimes I can't meet that requirement to 23 burn up that much comp time in the frame you had spoke 24 about. And I'd just like to make sure; otherwise, I 25 won't have a staff between the Primary and the Run-off 18 1 Election if you're expecting me to burn it up. 2 COMMISSIONER MOSER: I thought we discussed 3 some exception like that. 4 MR. REEVES: We have. But I'd just like 5 that reaffirmed now, because there's been a great amount 6 of confusion over the payout of this that I told the 7 staff it was going to be paid out. There was a couple 8 instances where employees had requested time last week 9 the first couple days of October. I got with James, 10 that was fine. Then I get an e-mail that asking staff 11 do they want to bank it, or do they want it paid out, 12 and then when they start looking at their time it's 13 already been deducted. 14 So it makes it very difficult when you're 15 dealing with 15, 12 employees that it's not all clear up 16 there, so I feel we need to -- something more definite 17 to come up with. 18 COMMISSIONER BELEW: This is directed toward 19 election years in your case. That's what -- 20 MR. REEVES: That's every year, 21 Commissioner. 22 COMMISSIONER BELEW: Every year. So we had 23 -- here's what we talked about last time that we have -- 24 that that's an exception, some of these things are 25 exceptions. That certainly is in my mind. 19 1 MR. REEVES: And I agree we have talked 2 about it, and I just want to reaffirm that, because they 3 may want to take the 60 hours and recuperate come June 4 or something like that. 5 COMMISSIONER LETZ: I'll tell you, you know, 6 why don't we put it on the next agenda and look at the 7 actual wording of the policy at our next -- 8 (Talking over.) 9 MR. REEVES: It does say elected officials, 10 but we just haven't been following it. 11 COMMISSIONER MOSER: I think that's a good 12 suggestion. 13 JUDGE KELLY: One comment I would like to 14 make for everyone to at least try to look at the big 15 picture. I've been baptized by fear this year in my 16 first 9 months on the job, and I didn't realize that 17 comp time was as big a liability for the County as it 18 was. 19 And one of the things that we tried to do in 20 our budget efforts was to be able to take that liability 21 exposure, quantify it, and try to zero out this past 22 fiscal year so that we know what we have going forward. 23 The starting year we know, with the 2.7 million dollar 24 deficit, so we didn't need anymore of these unknown 25 liabilities hanging out there for us. And admittedly 20 1 it's the bigger departments. It's the Sheriff's Office 2 that has biggest problem with this. But it's something 3 that we wanted to try to cap that liability exposure at 4 the end of the fiscal year. 5 And any time -- and the old policy by the 6 way, and I'll just throw this out there for what it's 7 worth, is that you had to use it within 30 days or lose 8 it, but no one enforced it. So we had a completely 9 unenforced policy that we couldn't get the various 10 elected offices and department to enforce. And so we 11 had to change something. 12 And any time you make a change like this 13 change, frequently there are bumps in the road. 14 Hopefully they can be small and infrequent. And I think 15 that what we're proposing here, I think what 16 Commissioner Moser is proposing to do with the District 17 Clerk's Office for $111.00 is to make an exception and 18 take that little unpleasant bump out of that road for 19 those few employees. 20 We listened to our Tax Assessor Collector 21 talk to us about the recurring problem of elections. 22 And he came to us and spoke to us about this before we 23 ever changed the policy. And at that time, I think we 24 assured him that we would try to accommodate his needs 25 as needed. And I think from my point of view, I 21 1 reaffirmed that that's what we're trying to do, and I 2 hope the Court reaffirms that. 3 What we're trying to do is get something 4 that's manageable and is predictable, so that we know 5 what we're looking at going forward so we don't have 6 unforeseen liabilities that occur that we haven't 7 planned for. I think this whole thing cost us in the 8 budget what 130, 40 thousand dollars, something like 9 that, to get to -- try to get back to ground zero. 10 And obviously -- and I say this for all the 11 elected officials and all the department heads, the more 12 you can manage your comp time and burn that time off and 13 let them use it, the better. The better it is for the 14 County, the better it is for the employee. As long as 15 we're providing adequate services for the people that we 16 serve. And that's kind of where I come down on this 17 thing. 18 I apologize for any inconvenience, a little 19 bump in the road, but these are things that have to be 20 done. And what I would say in terms of notice, and 21 don't forget, I am a recovering attorney, so notice is 22 something that is very important at law, and that's why 23 all of our agendas are publicly posted. And that's why 24 all of our minutes are publicly posted. And what 25 happens in this courtroom is no secret in this 22 1 courthouse. We know more than get back to our offices 2 before it spreads to all the offices anyway. 3 Before we start pointing fingers about 4 notice, the notice needs to come from the Court. And 5 once we adopt something, we want to make sure that 6 everybody that's affected by it knows what we've done. 7 And we can delegate that to our Court Coordinator, we 8 can delegate that to different departments. But the 9 responsibility ultimately rests on us to make sure that 10 we take the appropriate action that's necessary, and 11 that we make et public so that anyone at this courthouse 12 can find out what it is. 13 COMMISSIONER BELEW: You're talking about 14 notice of policy change. 15 JUDGE KELLY: Any action that we take. 16 COMMISSIONER BELEW: Well, every action that 17 we take is in the minutes and is available. Are you 18 talking about specifically if we change something that's 19 going to affect the people in the courthouse, or working 20 for the County, or what? 21 JUDGE KELLY: I'm saying any time we post 22 something on the agenda there's a potential that we're 23 going to act on it. It says consider, discuss and take 24 appropriate action, there's action contemplated. These 25 notices go up. One of the reasons that I like these 23 1 special meetings that we're having today is because this 2 gives us an opportunity to discuss with one another, but 3 with everyone what it is that we're talking about. And 4 if we're talking about doing something that's going to 5 really adversely impact a department or office, we need 6 to know. And the only way we know is by y'all telling 7 us. 8 And just like with the Sheriff, he comes all 9 the time anyway, so he is quick to let us know how it's 10 going to affect his department. So I would encourage 11 everyone to take advantage of the opportunities that are 12 publicly available for input to us so that we can 13 minimize the bumps as we enact department policies to 14 try and do what's in the best interest for the County 15 and for the common good. 16 COMMISSIONER BELEW: Well, the election 17 process is one of the most elemental to American life. 18 It sustains what we do at every level in this country. 19 Whatever we have to do to accommodate our election 20 should be done. You're going to pay people overtime, 21 you're going to give them comp time. I don't care if 22 you give them a trip to Hawaii. Elections have to be 23 done. And it's the root of our whole Republic, so that 24 needs to be fixed, and since it happens every year there 25 needs to be policy in place for it, and we're talking 24 1 about policy here. This is far beyond that. This is 2 essential stuff, so I don't want it to get bogged down 3 in that. Our election stands above everything else that 4 we can possibly do in this county. 5 COMMISSIONER HARRIS: Basically one size 6 doesn't fit all. 7 SHERIFF HIERHOLZER: I think the Court took 8 care of the issues with that, Bob even thought. If I 9 can, with the policy that Jennifer and them came up with 10 that was adopted the under the general provisions for 11 the County was, and this was as of September the 25th, 12 was that comp time balances will be available to use or 13 to be paid out at the discretion of their department 14 head or elected official. 15 An employee's request to use compensatory 16 time is subject to the elected official or department 17 heads approval and must not unduly disrupt the operation 18 of the department, except for FMLA protected balances, 19 elected officials and department heads may compel 20 employees to use part of their compensatory time balance 21 for budgetary reasons. Comp time balances will be 22 limited to a maximum of 60 hours unless otherwise 23 approved by Commissioners' Court for regular employees. 24 That takes care of Bob's part of it, okay? 25 Comp time balances exceeding 60 hours will 25 1 be paid at a rate of one and one half of the employee's 2 rate on the next pay cycle after the overage occurred, 3 that's after 60 hours. Comp time balances are required 4 to be depleted prior to using vacation time, because 5 that came up, too. Use the comp first. Remaining comp 6 time balances will be paid out in the pay period 7 following the fiscal year end. Additional comp time 8 balances will be paid upon receiving a promotion, moving 9 from a non-exempt position to an exempt position, 10 transitioning from a non-exempt position to an elected 11 official, or separation. 12 Kerr County Corrections Officers and Sheriff 13 Deputies and it gets into the 171. But I think y'all 14 wrote a pretty good provision, and I think it covers all 15 the concerns that everybody has, if we read it for what 16 it's written. 17 JUDGE KELLY: I would ask the Auditor's 18 Office, where are we in terms of paying out this comp 19 time? 20 MR. ROBLES: We stopped until after that 21 meeting. 22 JUDGE KELLY: So the $111.00 is what we're 23 talking about the District Clerk's Office can be 24 addressed today? 25 MR. ROBLES: Yes. 26 1 JUDGE KELLY: Are there any other exceptions 2 that need to be addressed today? 3 MRS. GRINSTEAD: Well, I do know -- I don't 4 know if I can mention names, but someone had e-mailed 5 myself and HR and wanted to keep their time on the books 6 and not be paid out. So I assume HR probably got other 7 requests. 8 JUDGE KELLY: Well, that would be up to that 9 department head? 10 MRS. GRINSTEAD: No. It's an elected 11 official that was requesting it, and I don't know if I 12 can say names. 13 JUDGE KELLY: Yes, Ma'am. 14 MRS. DOSS: I received a spread sheet and it 15 was noted. Different employees and whether they wanted 16 to keep it, or it be paid out. So everybody is 50/50, 17 60/40. 18 JUDGE KELLY: Okay. So in order to make the 19 transition to the new policy and close out our 20 liabilities for the last fiscal year. Can all that be 21 accommodated today? 22 MRS. DOSS: Yes. 23 COMMISSIONER LETZ: But these people can't 24 carry it for a long period of time. We're trying to get 25 rid of comp time being carried on our books. 27 1 COMMISSIONER BELEW: Well, there's always 2 somebody that's the last in the gate, so you have to -- 3 the gate has to close some time. 4 COMMISSIONER LETZ: Yeah. But I don't want 5 to carry it on -- policy says the next pay period or 6 period, you can accumulate up to 60 hours. If they're 7 over 60 hours, they need to use it. 8 COMMISSIONER BELEW: Close the gate. 9 JUDGE KELLY: Is it over 60 hours? 10 MRS. DOSS: No. These people we're talking 11 about are not -- 12 JUDGE KELLY: Well, you know, it's really up 13 to that department head or that elected official to 14 bring it to us, and we're certainly open to hear that. 15 And this is why we have these open meetings where 16 everybody's invited. There are department head reports, 17 there are elected officer reports, there are Liaison 18 Commissioner reports. This is a chance for us to hear. 19 Who needs an exception on comp time? 20 MR. GIVENS: Well, there is -- because of 21 our scheduling for the Animal Control Officers and their 22 12-hour shifts, it is helpful to me, helpful for 23 everybody with the Animal Control Officer if they had -- 24 they work from 4 to 8 comp hours, so that I can move 25 those around when I'm doing payroll. I have to -- it 28 1 gets kind of tricky. So having zero -- 2 JUDGE KELLY: Without getting in the weeds 3 here, can your concerns be addressed today with HR so 4 that we can go ahead and finish implementing this 5 policy? 6 MR. GIVENS: Yes. 7 JUDGE KELLY: Mr. Reeves. 8 MR. REEVES: I'm assuming the spread sheet 9 she is referring to -- she, being the HR Department, is 10 the one for me, is that correct? I was only following 11 instructions because they thought they were going to get 12 paid out, and then I get an e-mail they can have a 13 choice. This is what I'm coming after, gentlemen, is 14 that it's not clear. I get an e-mail telling they need 15 to be paid out. Then I'm told they can have a choice. 16 So some of my employees wanted to keep it because they 17 may have had something planned in the next month or so. 18 JUDGE KELLY: And we understand. 19 MR. REEVES: Okay, but -- 20 JUDGE KELLY: What I want to make sure is, 21 you've expressed what your needs are that can be 22 accommodated today that can meet the needs of your 23 office today. 24 MR. REEVES: I agree, Judge. 25 JUDGE KELLY: And what we're trying to do is 29 1 make a clean break henceforth from this day forward we 2 know where we stand. 3 MR. REEVES: That's fine. But what I'm 4 saying is there's too many circles going on and 5 nothing's happening. The circles the only adjective I 6 can think of. We're getting told too many different 7 things. Let's come up with one so our staff can work 8 and not worry about what they're doing. 9 JUDGE KELLY: We will. 10 MR. REEVES: Thank you. 11 MRS. LANTZ: This is just a suggestion on my 12 part for my staff. Can we update our current policy 13 manual to reflect that? Because I think that adds some 14 confusion as well. Provisions go with the budget, our 15 policy book goes to the employees, so that would help 16 clarify some things, and then I can tell my employees 17 this is what's going to happen from here on out. 18 JUDGE KELLY: We definitely want to put it 19 in the employee manual. 20 MRS. LANTZ: So that's my only concern is 21 because they're asking me and, you know, I try to keep 22 the comp time where we don't have anything. 23 JUDGE KELLY: And we apologize to everybody. 24 This is a big change. And it was a hard change, and 25 we're trying to get it in place as soon as possible. 30 1 MRS. LANTZ: And I agree with the Court. I 2 absolutely agree with being in the position of HR. 3 There is a lot of comp time, and it does in the bigger 4 departments have a hard time being able to let their 5 staff off. But you know, I think they've done pretty 6 well for what they've had, and they also get overtime 7 budgeted in their budget. So you know, pay it out a 8 little bit at a time, and where it's not a big lump sum 9 at the end of the year. I mean but -- 10 JUDGE KELLY: Well, we are very proactive at 11 this point in trying to manage that exposure. So I 12 believe we have a motion -- 13 COMMISSIONER MOSER: We do. 14 JUDGE KELLY: -- to approve the exceptions 15 as presented here today in Court. I believe that will 16 be for District Clerk's Office, for the Tax 17 Assessor-Collector's Office, and for Animal Control 18 Department. Those are the three that we've heard. Is 19 that what you're proposing that we do, accommodate -- 20 COMMISSIONER MOSER: First of all, I propose 21 that we do it for the District Clerk's Office, and then 22 my understanding that the others that stay with the 23 policy. The District Clerk had an issue that was to the 24 amount of $111.00, not to exceed, so that's what the 25 motion was pertaining to the request from the District 31 1 Clerk's Office only, correct. 2 JUDGE KELLY: Any discussion about that? 3 MRS. DOSS: Just wanted to make y'all aware 4 that when the five of us met, or six of us, or whatever, 5 we ran a report as of September the 28th, is that anyone 6 that had time in their time entry time sheet that day, 7 we will make an exception of. 8 We also had one additional e-mail request 9 from an individual that was asking to take it for a 10 prepaid hunting trip that started October 31st. And so 11 a group of us decided that since that came as a special 12 request and it had already been approved -- pre approved 13 that we would honor that as well. 14 We do have a report that's run from 9-28 15 that captures the exceptions that we had already built 16 into the payroll that we processed. And didn't get 17 completed, but we started payroll. 18 JUDGE KELLY: So that's what you're 19 proposing to pay out on that basis, is that correct? 20 MRS. DOSS: And yes, and these additional 21 exceptions as well. 22 JUDGE KELLY: And then we have some 23 additional requests from different departments that you 24 can accommodate today? 25 MRS. DOSS: Yes, Sir. 32 1 JUDGE KELLY: But as of today we're going to 2 put this issue to bed. And then we're going to be 3 working on how to educate people, get the manuals 4 completed, and more efficiently and smoothly implement 5 our policy change. 6 COMMISSIONER BELEW: So that's going to be 7 an immediate need to have that policy change in 8 everybody's hands. 9 COMMISSIONER MOSER: Well, it's there. We 10 got the policy. 11 COMMISSIONER BELEW: The change. 12 JUDGE KELLY: Well, all we gotta do is put 13 the new general provisions in the policy. 14 COMMISSIONER MOSER: So anyway I made a 15 motion. 16 COMMISSIONER BELEW: Well, where are they 17 all -- where's it all at? 18 COMMISSIONER MOSER: My motion? 19 COMMISSIONER BELEW: No. The wording in the 20 policy change. I've not read it. Where is it? 21 SHERIFF HIERHOLZER: The adopted budget 22 under General Provisions. Anybody on line can pull it 23 up. 24 MRS. LANTZ: It never made it to the policy 25 book. 33 1 COMMISSIONER BELEW: It never made it to the 2 policy book, so -- 3 MRS. DOSS: The General Provisions 4 compensation policy, update our policy handbook. 5 COMMISSIONER BELEW: Well, if it's already 6 composed then -- 7 JUDGE KELLY: Oh, it's composed. There's a 8 policy order that's been entered, and we've approved. 9 So we've got an order and we have got the general 10 provisions. But these will definitely be updated in the 11 employee manual? 12 MRS. DOSS: Yes, Sir. 13 JUDGE KELLY: And you'll report back to 14 us -- 15 MRS. DOSS: Yes, Sir. 16 JUDGE KELLY: -- at our next regular 17 session -- 18 MRS. DOSS: Yes, Sir. 19 JUDGE KELLY: -- which will be October 15th, 20 next Tuesday? 21 MRS. DOSS: Yes, Sir. 22 JUDGE KELLY: And come in and share with us 23 that all that's been completed? 24 MRS. DOSS: Well, after your approval. But 25 I'll bring it before you all for a vote to update the -- 34 1 JUDGE KELLY: To approve the updated manual? 2 MRS. DOSS: Yes, Sir. 3 JUDGE KELLY: Okay, very good. Those in 4 favor raise your hand. 5 COMMISSIONER MOSER: Need a second. 6 COMMISSIONER BELEW: I'll second. 7 JUDGE KELLY: Motion made by Commissioner 8 Moser, seconded by Commissioner Belew to approve these 9 exceptions requested by the District Clerk's Office. I 10 believe that's all the motion is, correct? 11 COMMISSIONER MOSER: That's it. 12 JUDGE KELLY: Those in favor raise your 13 hand. Four zero, unanimous. 14 Let the record reflect that Commissioner 15 Letz had to leave early. 16 * * * * * * 17 18 19 20 21 22 23 24 25 35 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 Approval Agenda. 9 Dated this the 6th day of November, A.D., 10 2019. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/31/2020 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25