July 14, 2016 - The relationship between Panola County and Shelby County involving the probation department has come to a quick end as the ruling body decided to end the partnership effective November 30, 2016.
A meeting was held at the Panola County courthouse on Wednesday, July 13, 2016 in the Commissioners' Courtroom with the presiding authority being comprised of Charles "Brick" Dickerson, 123rd Judicial District Judge; Terry Bailey, Panola County Court At Law Judge; and Charles Mitchell, 273rd Judicial District Judge.
Presented by Dickerson for approval was an order of division and separation of the Panola County/Shelby County Community Supervision and Corrections Department (CSCD) into two separate and autonomous Community Supervision and Corrections Departments. One CSCD for Panola County and one CSCD for Shelby County would be established and such other orders as may be necessary and prudent to effect the separation of the department.
It was clear as the meeting moved forward Judges Bailey and Dickerson were in favor of the separation and Judge Bailey listed a great many complaints about Shelby County which he stopped short of referring to as thieves.
Judge Dickerson entertained questions first of Judge Mitchell who made inquiry of Chief Bradley Wilburn of the Panola/Shelby County Probation Department. He asked Chief Wilburn for an outline of department budgets, totaling four including the Basic Budget, Community Corrections Program (CCP), Diversion Program (DP) and Drug Court Program (DCP). Mitchell stated the basic funding indicates there are five people working in Panola County: Tony Brown, Penny Lowery, Kerian Henderson, Page Parker and Dolly Lindsey and four people working in Shelby County: Bradley Wilburn in both counties, LaRae Bailey, John Harrington, and Lashonna Norris.
The CCP budget indicates there are two officers in Panola County, three in Shelby County, and the DP indicated there is one officer over Panola County and Shelby County combined. Drug Court Grant funding covers three officers in Panola County and two in Shelby County. According to Wilburn's statement regarding the budgets, with the counties splitting there won't be enough funding to cover three positions at the current salary level and two positions in Panola County would have to be terminated.
It's projected there will only be enough CCP funding to cover two positions at the current salary level. The DP includes officers who monitor sex offenders and neither county will receive the DP funding since neither one will justify enough sex offenders on probation to receive the funding. Just as with the DP funding, neither county is projected to receive DCP funding for the same reason as they can't justify enough drug court probationers, with Panola County having 13 and Shelby County 14. Shelby County would be left with one position having to be terminated from the basic budget and one from the CCP being terminated. With no DP funding or DCP funding to speak of, those two positions would be terminated as well.
According to Wilburn's report all office supplies and CSR supplies are provided by Shelby County. To Wilburn's knowledge all funding for insurance and retirement comes from the state budget. Judge Bailey stated there are voluntary contributions that can be made by counties at the end of each year and he said Panola makes that contribution while Shelby does not. Judge Dickerson stated he was looking at figures and he said Panola county paid $705,000 and change for all county workers including probation. Sidney Burns, Panola County Auditor, explained that $705,000 is to help fund unfunded liability, which does not identify to a certain employee or department.
Judge Mitchell inquired if the split would be a savings as far as Panola County is concerned and Judge Bailey stated Panola County generates more funds than Shelby County through probation and he claimed that has been the case for the 17 years he has been with the county. Judge Mitchell said he can't argue that, because he does not know. Judge Bailey said there was a $13,500 difference in the past year, which he said is not unusual, and Panola County received $5,000 more than Shelby County in the past year.
Judge Bailey asked, "How do we get the name 123rd Judicial District Probation Department, when did that originate?" Wilburn responded, "1975?"
Bailey then asked how the department is referenced in Austin, and when he still didn't get the answer he was looking for he said it's called Panola County Probation, "and y'all are merely a member of that. Actually this sex offender grant was issued to Panola County Probation Department."
Wilburn agreed Panola County is the chief county of the probation department.
Judge Bailey took everyone on a trip to the past when Troy Massey was the director of the probation department starting in 2002 until 2006, "We went through five, six, seven years of solid hell, y'all may not have, but we did up here and I was outvoted all those years."
Judge Mitchell didn't recall ever voting against Bailey; however, Bailey says the board including Mitchell kept him as the director of probation.
"The only time we voted, we voted to fire him," said Mitchell. Bailey responded, "finally, after five years of him firing every Panola County employee and replacing them with Shelby County employees."
Statements made by Judge Bailey suggested the split to be relative to a long standing grudge against Shelby County when he said it is hard to get over what was done by an administrator who has been absent from the department for many years.
"When we're told to drain all the gasoline out of lawnmowers, to drive a car to Center to fill up at a station that he set up an account, it's hard to get over that stuff, I mean the mistreatment, because this is the Panola County Probation Department. Not the Panola/Shelby, not the 123rd, y'all are merely a member of our department. You draw our retirement benefits, that's the reason y'all came in here, is because Shelby County refused to give y'all retirement, they refused to give y'all insurance," said Judge Bailey.
Judge Bailey stated Panola County is beyond that now and things have improved, which Judge Mitchell agreed it has been nine years since Massey was fired. When Wilburn was appointed Chief of probation, Judge Bailey stated he told him to treat Panola County in a fair manner. Judge Mitchell asked if that was not the case and Judge Bailey responded the newest hire was from Shelby County.
Judge Bailey continued to make statements about Massey and his actions of nine years in the past and Judge Mitchell stated it was obvious two votes at the meeting were in favor of splitting the department and his one vote was not in favor. Judge Mitchell said if the reason for the division was Troy Massey, he was under the impression that was over many years ago and he thought ever since then ever office supply, and gasoline has been divided equally.
Judge Bailey stated Panola County has outperformed Shelby County consistently. Judge Mitchell asked Judge Bailey how splitting the department could improve the situation for either county when each county will receive less state money as a result of the split.
"Well, we didn't build schools in Panola County with 'Robin Hood' money like they did in Shelby County," said Judge Bailey.
"If you want to see poor, come to San Augustine, okay?" said Judge Mitchell.
"I think you've had your hand out at Panola County for a while, and if we pay a dime of that retirement, if one dollar of that retirement goes in toward Shelby County employees that is not fair to the citizens of Panola County," said Judge Bailey.
Judge Bailey claimed his court was established because the District Judges of the past would not travel from Shelby County to Panola County to provide administration. He also claimed the District Attorney's office was split between Shelby and Panola, because the District Attorney would not come from Shelby County to provide prosecution in Panola County. Judge Bailey equated Shelby County to the "fat" which needs to be "cut out."
Judge Dickerson indicated there is a $96,757 deficit in the probation department. Burns stated that is correct, and is due to projected revenues not coming in and current probation fee trends are down about $100,000 from original projections. He could not say if the reason for the deficit is the economy, or less individuals on probation. This Burns also said means state funding is down $40,000.
When the opportunity was offered by Judge Dickerson, Shelby County Judge Allison Harbison stated since she took over as county judge she would have been open to discussion if contribution from Shelby County was something that was needed.
"My commissioners have become fairly open minded and we just want to do and we want to serve what's best for our counties. I hate that you have so much animosity towards Shelby County," said Judge Harbison.
According to Judge Bailey there is a lot of resentment for the treatment by District Judges and District Attorneys of the past.
Judge Mitchell asked what the urgency is of splitting the counties now, and asked about the possibility of waiting and studying the prospect of separation to see what the ramifications might be. Judge Bailey commented, "and wait until first of the year?" The significance of waiting until the first of the year being, Judge Dickerson would then vacate his position and Leann Kay Rafferty would take her seat as the new 123rd District Judge, residing in Shelby County, possibly altering the vote.
Judge Dickerson asked Clint Porterfield, Shelby County Auditor, if he had anything to say, and he did.
"I would hope you would consider the livelihood of people involved. I really thought the animosity of stealing people's city limit signs and burning them on football bonfires was over with, but obviously it's not. We're friends and neighbors. We share family in each county and I had the opportunity, and I thank Judge Mitchell to talk with me and be open with my questions, I asked him in the past has the board discussed this to this extent as to what the administrative problems were, and what the logistic problems were, and what the economic problems were that got us to this point," said Porterfield.
Porterfield continued and stated he finds it interesting in the order that was written as compared to what is in the code, the word economic was left out of the order.
"Because there is no economic reason to do this. You're talking about people losing their jobs, you're talking about as businessmen leaving money on the table, because of some past feelings that we probably might need to get by," said Porterfield.
Judge Bailey said he is protecting the people of Panola County and asked why a Panola County citizen has to be replaced with a Shelby County citizen.
"Does that make economic sense for her to drive a probation department car up here from Shelbyville or wherever, when we have people here who would like to have that job?" said Judge Bailey.
Judge Mitchell stated what he told Porterfield was they have these brief meetings generally and he hasn't heard anything but favorable statements from everyone toward Chief Wilburn. Judge Bailey continued his focus on the last employee replacement having come from Shelby County.
Porterfield asked the board give Shelby County the consideration and time to make the change properly.
"January 1st has been mentioned, and I understand your concern about that with a new judge coming on, but I think we can all in this room agree that we can do a split and that January 1st wouldn't be a matter, and let's have time to do it correctly. There's no mandate and no button we have to push to do this right now. We don't have to jump through hoops and we don't have to leave a lot of ifs on the table if we are given the time to do this correctly and properly," said Porterfield.
Porterfield assured the board he would not go back on his word and maybe it would be best for the counties to split, but it should be done right. He stated from the perspective of Shelby County, it will be starting from scratch because there is no fund setup, no financial system and no budget. Contact with the state has yet to be established on behalf of Shelby County in doing this.
"It's not gone unnoticed that there is resources here in Panola County that have helped us out, and we appreciate that," said Porterfield.
Judge Bailey's short-sighted response was, "Well I don't. I don't appreciate that we've helped y'all, I don't. Any of our dollars need to stay in Panola County. Now, we built your schools."
Judge Harbison asked, what schools have to do with the probation department.
"Well I mean, 'Robin Hood,' you took our money and built schools," said Judge Bailey.
This was the final demonstration by Judge Bailey, there would be no productive discussion between he and representatives of Shelby County relating to salvaging the department in Shelby County, or jobs on either side of the county line.
Burns stated it's unknown what the state will mandate for drug court, but each county will have to apply for DP funding in each county for a sex offender officer, and come up with funding for two Community Service and Restitution officers, and a transfer officer.
As Judge Dickerson entertained motions, there was disagreement with he and Judge Bailey on the proper wording on the motion. Judge Dickerson read aloud the instrument of separation and signed it. A complete verbal motion was never heard; however, when votes were entertained Judge Bailey and Dickerson voted in favor of the separation while Judge Mitchell voted against.
The meeting adjourned at 3:02pm.
