January 18, 2021 - Shelby County Commissioners agreed to the addition of an assistant District Attorney and part-time investigator for the 123rd Judicial District Attorney's office during their meeting Wednesday, January 13, 2021.
Following an executive session with Karren Price, District Attorney; Gary Rholes, County Attorney; and Clint Porterfield, County Auditor; the commissioners returned to open session.
"We did speak about restructuring the DA's current budget and I believe that we can restructure her budget to get her employees or her new positions with the money that she has in the budget," said County Judge Allison Harbison.
Roscoe McSwain, Commissioner Precinct 1, explained what their intention is with the District Attorney budget. By combining salaries from two vacant positions at an hourly rate of $11 and $16.42; respectively, the budget will then be able to afford an assistant for the District Attorney at a salary of $80,000.
The position of investigator will cease to be full-time and will instead become a part-time position at $20 an hour for 30 hours a week. Health insurance is also not planned to be provided to either the assistant or investigator positions. McSwain also described a clerical position hired at $11.11 to receive an approved $3.89 from the District Attorney's apportioned funds from the state.
A motion carried to approve the requests of the District Attorney's office.
Josh Tipton, Constable Precinct 5, requested a new patrol vehicle of the commissioners for precinct 5. He stated the current vehicle has been parked at the Sheriff's Department since the vehicle was towed there.
"I tried to crank it, wouldn't run, so I just left it there," said Tipton. "Roy Cheatwood was kind enough to let me borrow Newton [Johnson's] vehicle to patrol in for the time being until we come to a conclusion of what we would do."
Constable Tipton presented the commissioners with bids for potential vehicles and his Constable's report to date.
Tom Bellmyer, Commissioner Precinct 4, asked Tipton for more details about the current truck. Tipton estimated the mileage was over 200,000-plus miles and he indicated there are some issues with the lights and radio. He also said he attempted to start the truck three times to no avail. Judge Harbison confirmed with Clint Porterfield, Auditor, the truck is a 2007.
"I plan on being a working constable, and as my January to-date report should show that and I'm going to need a good vehicle to do my job and do it correctly," said Tipton.
Bellmyer questioned Porterfield on his knowledge of if the truck has been a vehicle requiring a lot of maintenance. Portefield stated previous Constable Robert Hairgrove informed him of repairs to the computer of the truck at around $900, as well as several other times the vehicle was repaired. Porterfield estimated repairs to be around $2,000 or more, and that repairs have been frequent. He further elaborated the vehicle isn't in good shape.
Roscoe McSwain, Commissioner Precinct 1, reminded Tipton of a meeting he and Porterfield had with Tipton over budget for when he became constable. McSwain wanted Tipton to understand the difficulty the commissioners are faced with when they have to come up with funds for an unbudgeted item.
"We asked you about the vehicle, and I'm not saying this to be, I mean the position you put us in to try to come up with the money when it wasn't budgeted. We talked about putting a vehicle in this year's budget for constable's office," said McSwain. "Constable Precinct 5 being a constable for three more months he could go buy the new vehicle and drive it three months, and you said, 'don't put it in there, I'll get by with the truck for the first year.'"
Tipton said he didn't know the truck was in its condition when he met with McSwain and Porterfield.
"I know that was what you were fixin' to tell me, but that don't help us," said McSwain. "With a budget that's in the red we're starting with for the county-wide where are we going to come up with 40,000 more dollars?"
McSwain explained that at budget time they would have most likely included the purchase in the budget, because the Precinct 5 Constable office is the only one which has not received a new vehicle since it's a 2007 model.
"In all honesty, I had no idea, if I would have had an idea I might would have said something different," said Tipton.
McSwain said the vehicle is likely going to receive repair, because if it's no longer used by the constable it will then be utilized by one of the commissioners and he was disappointed it was not already looked at by a mechanic to find out what sort of expense it will be to fix the vehicle.
He explained the majority of the contingency funds are gone, because they have already paid $187,000 toward the final settlement of the Morrow vs. Tenaha lawsuit.
Tipton presented the commissioners with three quotes for vehicles ranging from $33,000 to $42,000.
"I plan on doing things a lot different up there, let me put it that way, and I know y'all read the letter from the Judge [Tracy Broadway], since the first of the year we've generated $3,200 up there just in citations," said Tipton.
He further explained he has answered 10 calls for service, with 17 citations written, three walk-in complainants, two wreck assists, second service of civil process, two agency assists, two interviews on two felony cases, two livestock calls and working with the Sheriff's Department seeking felony warrants on an individual.
"I need something to work with guys, that's just the nuts and bolts of it," said Tipton.
Tipton mentioned he has a "private donor" willing to donate $5,000 to new equipment.
A motion carried to table the repair or purchase of the vehicle for the constable until the next meeting.
The commissioners opened sealed bids for an excavator owned by Precinct 4, and they were turned down by Commissioner Bellmyer.
Agenda items approved during the meeting include: 1. Minutes of the December 2, 2020 Special meeting, December 9, 2020 Regular meeting, December 16, 2020 Special meeting, December 30, 2020 Special meeting, of the Shelby County Commissioner’s Court. 2. Pay weekly expenses. 3. Officers reports. 4. Sealed bids on excavator for Commissioner Pct. 4 declined. 5. District Attorney Testing of Forensic Evidence Grant Program for FY2022. 6. Adjourn. Agenda items tabled during the meeting: 1. 5-year Garza County Lease which is ending March 31, 2021. 2. Repair or purchase of the vehicle for Constable 5 until the next meeting.
