Shelby County Today

August 21, 2021 - Gary Rholes, County Attorney, addressed the Shelby County Commissioners on August 18, 2021, during a budget workshop regarding a desire for more transparency as he stated he had been hearing "rumors" about public officials not receiving raises. He has also heard, amongst other employees who may receive raises in the upcoming budget, those who are beneficiary of an added benefit may not be granted a raise in reflection of that added benefit. 

Rholes remarked he would like to see there be public discussion about salaries and pay before the budget is adopted, so it can be addressed directly.

"I think that would only be fair, to give people a chance to discuss this," said Rholes.

Rholes said one rumor he has heard is no elected official would be getting a pay increase, and he said he doesn't understand the logic behind that thinking.

"I think that, in a sense, it interjects politics into the budgeting system," said Rholes.

He asked Shelby County Judge Allison Harbison if she wanted to make every Justice of the Peace and Constable in the county mad.

"There's many office holders who are far from wealthy who need to pay for increases in insurance that they're incurring," said Rholes.

He suggested, if an elected official doesn't want a raise for some reason, they could exercise their right to turn it down. 

Rholes explained the definition of a clerical employee has three main categories that potentially cover a wide range of employees with varying skill sets. He stated he has an employee who has worked for his office for more than 17 years, who preliminarily reviews every criminal case which comes through his office from multiple law enforcement agencies.

"She is very good at that, so is that the same as a clerical that maybe just answers the phone and takes messages, which is an important job. I'm not saying that is not an important job," said Rholes. "But, are those really equivalent?"

He described for the court how that employee has discovered mistakes, errors, lack of probable cause, and problems in criminal cases. Rholes stated it was his understanding, through rumors, employees who receive a supplement would not receive a raise. 

"These supplements were authorized by the legislature, and the legislature had a reason to authorize these supplements," said Rholes. "They probably had multiple reasons, one, keep your people, your good people. You don't have to give anybody a supplement if you don't want to, but if they're doing a good job and you want to keep them and you have some funds available, give them a supplement."

Rholes says his two employees have received supplements from the Hot Check fund; however, that fund will no longer be available before long. That funding doesn't come from county or taxes. According to Rholes, the legislature allowed for the money to be used for supplies, a supplement, or anything necessary for the office.

"Supplement has a meaning to me, a supplement is above and beyond, so if there's a purpose behind that supplement what this would do would be to take that supplement, that purpose away, and now this supplement is part of their pay and actually I heard the other clerical would get a $1 an hour raise," said Rholes.

Rholes reiterated these are rumors he has heard, but that he would like these subjects to be out in the open. He further stated the District Attorney's office has similar circumstances to his office. 

"I don't know if any of you know Shawna Walker, but that lady is smart. I can pretty much assure you she has been in the District Attorney's office an excess of 20 years," said Rholes. 

Rholes stated the county has no longevity pay, and he has one employee with 25 years experience, mainly collecting checks, listening to people's problems and if the County Attorney's office couldn't help someone, directing them to somewhere that might be able to help them. His other employee, Rholes states has an excess of 17 years of criminal law experience and what the commissioners may be proposing for them would be a pay cut.

He elaborated, the Hot Check fund is dwindling as spending habits for most people have changed over the years, and checks are less of a means of payment.

"We used to get 50 hot checks from Walmart a month, well that ended long ago, as you know with the debit cards and all this kind of business," said Rholes. "So when that fund's gone, if everybody else gets a $1 raise, and [my employees] don't get anything, we're going to be down a dollar. I don't think that's fair. I think they should get the supplement and the raise."

In years past there has been a salary grievance committee, and Rholes advised if elected officials don't receive a raise, the county needs to follow the law on establishing such a committee. He stated a salary grievance committee hasn't been established in years, and one should be established this year, should elected officials not be granted a raise.

Rholes explained if a salary grievance committee deems it necessary to adjust a pay amount, the commissioners must abide by their decision. He gave an example of a salary grievance committee many years ago when he and Sheriff Paul Ross were each granted $5,000 from the grievance committee, and almost every other elected official also received a $5,000 raise, suggesting if the commissioners don't come to some amount of a raise it could potentially be taken out of their hands.

Should there be a $1 raise for clerks in the county, Rholes said he also has heard this raise would not carry over to the Sheriff's Department staff or deputies. He said he would like to see more funding for law enforcement.

Roscoe McSwain, Commissioner Precinct 1, responded to some of what Rholes spoke about and he said he acknowledges some of what he said was correct and other things weren't. He said it has nothing to do with politics. 

"I would rather my people judge me though that I care more about my employees when I have to choose who's going to be able to afford a raise. I care more about my employees than myself, because I'm not getting a raise either," said McSwain. "I would rather see the employees get it."

McSwain said jailers, deputies, and road and bridge employees were all considered in a raise. He stated every secretary has at least two duties including the County Judge's Administrative Assistant, the Commissioners' Secretary, and the Treasurer's Secretary.

"The reason I put in there that the people that are getting subsidies and have been getting subsidies, you said this was put into action 40 years ago I don't know how long they've been getting those subsidies. They've been getting those subsidies, I don't have a problem with that, I'm glad they got it and I know they're important to you," said McSwain. "Our people are important to us too, and they've been stuck at 12 damn dollars, or 11 dollars and 13 since they've been here five years, know what I mean, and we appreciate our people but we can't give them a subsidy because the law does not allow that."

Tom Bellmyer, Commissioner Precinct 4, addressed Rholes about his opinion on the matter.

"I admire you for what you say, for speaking for your people, I do. I'm as passionate about the group that works for me, as you are about yours," said Bellmyer. "I know that there's a whole group of people that work down below this floor right here that are working for $11.11 an hour, and I know that there's some folks that work across the parking lot that are making substantially more than $11.11 an hour, and I feel it's important to take care there's a group of people that really could go to Walmart and make more money than they're making, but yet they hold some loyalty to this court and to this building right here."

Bellmyer said he feels obligated to those employees that meet the public everyday and are the face of the county. 

"There's people that come from Walmart, and I admire them for working at Walmart or working for Brookshire Brothers, that walk in here that buy a license tag that the lady that's doing their bidding is making less money than they make and they're working in the private sector," said Bellmyer, "So, I appreciate what you say, but I can't support it because I want to take care of a group of people that really support this facility right here in this county." 

Bellmyer said he would like to give everybody a raise; however, he doesn't want one for himself.

McSwain said he respects Rholes standing up for his employees, as a lot of people won't do that.

"I want to point this out, you were talking about the girl at the DA's office, she makes $22.48 an hour. That's more than any deputy makes that could be shot at any day, that's more than guys running a maintainer for $19.60 an hour that could be somewhere on a road job making $30 an hour. You can't make that fair to me," said McSwain. "Now if we ain't got the money to pay everybody a good decent rate, everybody should be at a rate that we can afford to pay."

McSwain said the county needs to fix its budgeting problem and he's in favor of a 2 cent tax hike.

The current proposed budget initially doesn't contain any raises; however, McSwain stated in the proposal he has previously put forward was a .50 an hour raise for road and bridge employees, jailers and deputies.

Clint Porterfield, County Auditor, remarked there has been a lot of discussion of pay increases, and there was one thing which hasn't been discussed. He said the District Judge section has only one person listed, and he said he would like that addressed and why it's not two people receiving a $1 an hour raise. 

"That is for 273rd, she makes $11-something an hour, that other lady's part-time here, and she doesn't qualify because to my recollection she makes about $74,000 a year," said McSwain.

"As we work towards being transparent, I wanted that to be stated so that if we go to an adoption process and we go into a discussion of clerical, I want that to be noted that we're talking about some exceptions here with supplements and different jobs, and I just wanted to make sure that was clarified," said Porterfield.

Earlier in the workshop Taylor Fanguy, Constable Precinct 4, presented some items he stated he needs for his office. Those items included a new camera system for his vehicle, Copsync computer software, reporting system and wifi at a total cost of around $11,250. There was discussion about the possibility of acquiring all of the same equipment for the other constables in the county at a reduced rate for all.

The commissioners held another budget workshop on August 25, 2021, and continued discussion over the budget.

McSwain stated he doesn't feel there's any need to continue to hash out the same things already discussed.

"There's nothing we can change to adopt the budget to begin with, we've got the proposed budget that the judge filed, and we can't change nothing until we adopt it, adoption day," said McSwain. "So, I don't see why we keep hashing out the same things."

The commissioners further discussed the tax rate since that is what funds the budget they adopt. Debora Riley, County Tax Assessor - Collector, agreed she needs a proposed rate to be able to inform the public of that rate before it's adopted by the county. Riley presented the commissioners with the no new revenue rate of .708035 and the voter approval rate of .737286. Once the commissioners approve the proposed rate it can be published for knowledge of the public.

The proposed budget currently reflects the tax rate from the previous budget.

"We're going to have to have a hearing on the proposed rate five days before we adopt it," said Judge Harbison.

Once a proposed tax rate has been published, Riley explained there are two websites she posts it on.

"I put it on my website that we have with the county and then we turn around, Bobby Pigg (Tax Appraiser) has a website that he has to maintain," said Riley. "Everybody will be able to go and see [online] how that rate effects their taxes."

Riley informed the commissioners, whatever rate they do propose, once it's been published they can't go above that rate.

"Since we actually adopt the budget and the tax rate separately, it's almost like they're two separate entities even though we know they feed off each other, and it's a circular reference here because you can't have one without the other," said Porterfield. "So while we have filed a proposed budget, we technically haven't filed a proposed tax rate."

Porterfield remarked, in a previous budget workshop a two cent increase had already been discussed and he doesn't see why a proposed tax rate couldn't be published as well, but the budget and tax rate still remain separate entities.

Judge Harbison asked the commissioners if they were through considering the proposed budget after hearing comments at the previous budget workshop. She asked if they were still of the same thinking on raises for employees and no raises for elected officials.

"I'm very firm on it, and that's my opinion, I'm one person. I mean in my mind, I'm looking ahead for the next years down the road, and I've got goals that far as my influence well I'm going to try to help the direction to take the county and elected officials. It's nothing personal against nobody," said McSwain.

Judge Harbison asked if any of the commissioners had additional information they wanted to include for consideration and Bellmyer offered some observations from the previous week on payroll.

"[Justice of the Peace 1] not withstanding, so I'm talking about the JPs from 2 to 5, that there is in my opinion and maybe I'm wrong, I thought they all fairly well functioned and did the same job all the time," said Bellmyer. "I looked back through, looks like the District Clerk, County Clerk, Tax Assessor-Collector all make the same thing. Looks like all five constables all make the same amount of money, all four commissioners all make exactly the same."

Bellmyer said it's a not a lot of money on each pay period, but by the end of the years it's around a $3,200 difference.

"Two of the JPs make exactly the same amount and then one is a little below and one is a little above, so there is a little bit of a spread over the course of a year between those four Justice of the Peace," said Bellmyer.

Bellmyer said he thinks they all perform the same job and duties, and being as they are elected officials, a notice would have to be published were they to consider adjusting the salary to even out the difference.

"I'm sure sometime in the historical past there had to be a reason why those four, maybe was a little bit of disparity but I don't know that history," said Bellmyer.

Judge Harbison remarked that is old history, but they weren't going to bring up old history, "that was then, this is now, I wasn't on the court."

Although the court chose not to elaborate on the reason for difference in salaries for the benefit of public knowledge, Judge Harbison said she agrees with Bellmyer about making the correction.

"You're right, we have five active JPs," said Judge Harbison.

Bellmyer remarked there is a reason JP 1 has a little bit of a different pay scale, because the work load is substantially different than other precincts due in part to location and the days the office is open compared to the other JP offices..

"I feel like they've tried really hard to even out the duties, especially even in covering weekends and nights and everything, I think that the other four besides one has really worked to carry the work, share the workload," said Judge Harbison.

She stated now would be a good time to even up the salaries on the Justice of the Peace offices, because they all are fairly new,

The commissioners further discussed the tax rate, and there hasn't been an increase in around three years.

"A two cent increase is going to get us an excess of $200,000 in new income, but we've also got $200-something-thousand in new income on valuations already," said McSwain.

McSwain said he would like to see the proposal of a two cent tax rate increase to $0.7227.

After clarification, Riley stated the county part would be 0.6432 and the road and bridge would be 0.0795 for a total of 0.7227.

Following discussion, it was determined a hearing on the tax rate will be scheduled for September 8, 2021.

A motion carried to set a hearing on the proposed tax increase rate for September 8 at 10am.

A motion carried to adjourn the budget workshop.

September 1, 2021 - The Shelby County Commissioners were updated during their meeting August 18, 2021, on Shelby County Jail plumbing issues.

Shelby County Judge Allison Harbison explained a plumbing inspection camera had been fed into the jail plumbing system to help determine some issues with the system and Gary Adams with DRG Architects addressed the court.

"We ran a camera down your main drains, we knew we had problems," said Adams. "The camera was showing us some low spots in the line."

Other parts of the system Adams described sounded never ending, as they sent the camera through the system without coming to an end. Areas where water disappears beneath the jail were also discovered, which Adams says may be causing other issues with the building.

After extensive discussion on the possibility, a motion carried to have DRG Architects put together a contractual package and proposal for the county attorney to review and bring it back to court for approval.

The commissioners considered the possibility of approving a donation in the amount of $1,500 to the Constable Precinct 5 office. Constable Tipton explained the previous donation he received was for anything needed for his office and for the new truck the county purchased for the Precinct 5 Constable office. The $1,500 would also be toward needed equipment and was made by M&M, Charles and Brenda Mackey.

A motion carried to approve the donation.

The commissioners discussed Sheriff and Constable fees for the service of legal documents. After discussion, it was decided to table the Sheriff and Constable fees until potential adjustments could be reviewed by County Attorney Gary Rholes.

The meeting was adjourned at 11:11am.

Agenda items approved during the meeting include:
1. Pay weekly expenses.
2. Current payroll.
3. Contract with DRG Architects, LLC to prepare a plan to repair the County Jail plumbing issues.  
4. Donation to Constable Pct. 5 in the amount of $1,500 from Charles and Brenda Mackey.  
5. Resolution and agreements regarding the federally approved off-system bridge projects located at CR 4760 at the Attoyac Bayou Relief and at CR 3047 at Prairie Creek.
6. Road closure for construction of a new bridge on CR 3047 at Prairie Creek with the project begin date of May 2024.
7. Road closure for construction of a new bridge on CR 4760 at Attoyac Bayou Relief with the project begin date of May 2024.
8. Adjourn - 11:11am.

Tabled
1. Sheriff and Constable Fees.

August 31, 2021 - An Amber Alert has been issued for Ashlynn Wells, 10, and Desman Wells, 11. They were last seen at the 11200 block of US Hwy 84 West, Rusk, Texas at 1:15pm on Monday, August 30, 2021.

The suspect in the abduction is Jesse Ray Schmidt, 32-year-old, white male, height 5'10", weighing 160 lbs, brown hair, and hazel eyes. He would be in a black 2012 Honda Civic with license number BNX6155. The vehicle possibly has a bumper sticker of "God Bless America" or "In God I Trust" in red, white, and blue.

Call 903-683-2271 to report information to Cherokee County Sheriff's Office.

To view the full Amber Alert flyer, click here.

August 31, 2021 - According to the Shelby County Jail log, Rodgers is in custody at the Shelby County Jail, as of August 30, 2021, under a motion for adjudication of guilt, with the original charge being unauthorized use of a motor vehicle.

Additional details are not yet available as to the circumstances of his arrest.

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August 25, 2021 - The Shelby County Sheriff’s Office is seeking the whereabouts of Dakota Travis Rodgers, 24, of Center. Rodgers is described as a 5’9” white male and weighs approximately 175 pounds. He has brown hair and brown eyes. Rodgers has an active felony warrant for Violation of Probation.

Rodgers is considered armed and dangerous. He is actively evading law enforcement.

Sheriff Kevin Windham is seen with several of his deputies and Texas Department of Public Safety State Troopers as they were searching for Rodgers near a residence on State Highway 7 West Tuesday, August 24.

The SCSO is seeking assistance of the public with locating Rodgers. If you have any information regarding his whereabouts, please contact the SCSO (936) 598-5601.

If anyone is found to be hindering the apprehension, harboring or concealing, providing or aiding with any means of avoiding arrest or effecting escape, or warns Rodgers of impending discovery or apprehension, will be arrested and charged in accordance to Penal Code 38.05 Hindering Apprehension or Prosecution, a Felony 3 offense.