December 30, 2016 - Stephen Shires, Assistant District Attorney, addressed the Shelby County Commissioners Monday, December 12, 2016 about the hiring of an investigator for the District Attorney's office when he takes office in 2017. He asked to hire an investigator at the rate already set forth in the budget. Shires was also seeking to hire his private law firm legal assistant as another legal assistant at the District Attorney's office as a position opened following the departure of Marlene Hernandez.
"I'm asking y'all to hire my legal assistant Leanne Tomaszeski for that job. I ask y'all, and whatever y'all decide is what y'all decide, I'd ask that her rate be $13 per hour, because she has 20 years of legal experience," said Shires.
He described part of Tomaszewski's primary tasks to include preparing for discovery and ensuring the District Attorney's office is meeting Michael Morton Act obligations.
"Her main task is going to be help me focus on 2013, 2014 and 2015 cases and getting those resolved," said Shires.
The reason for this is to ensure the case disposition rate holds at 90% over a five year period, regardless of the case outcome, just so long as they are closed and the county can then receive additional funding from the state.
"When we start looking at the clearance rate and all that stuff, I don't want to be in a position, I mean I'm thinking about that now getting those cases resolved. So, when it comes time to look at that the District Attorney's office will have our cases in good shape where we're not looking at, 'Oh my gosh, how are we going to get rid of, or dispose of a bunch of cases really quickly, which is not the preferred way of doing business," said Shires.
Shires told the commissioners per section 46.005 of the Professional Prosecutors Act, he is allowed to complete civil cases he is already handling previous to his taking office as the District Attorney that have no conflict of interest with the county, and he has not taken any civil cases for several months leading up to the date of the meeting.
"I haven't taken any cases that conflict with the state of Texas for a year and a half, and I probably have about 20 cases that I need to finish off," said Shires. "What I'd like to do is have Leanne help me finish those off, we will keep strict time on what she is doing on that, those sorts of things will be done after hours,"
Shires stated he closed his office on the square and he reminded the commissioners he had spoken to them about the possibility of renting the office on the downstairs floor of the District Attorney's office. That office space has since become unavailable and Shires asked the commissioners to allow him to complete his private practice cases out of the District Attorney's office, which he told the commissioners takes only their permission.
He offered to do this for $200 a month paid to the county for as long as he needs to use the space, as he learned at prosecutor's school this could be done. Shires said he hopes to have all of his remaining civil cases completed by summer 2017. In response to an inquiry by Judge Harbison as to time limits on being able to complete cases, Shires said his understanding has been a year, but it doesn't say that in the statute.
"If someone's going to be hired before the first of the year, Mr. [Ken] Florence is going to be the one that has to ask the court to hire them," said Judge Harbison.
Florence was in the courtroom at the time and he announced he was present with a letter authorizing that hire should the court find favor with the request.
Judge Harbison opened the discussion with the commissioners on the hire and pay rate.
"That is a bone of contention because, everyone else in these offices except for several that started out at $10.50 an hour," said Judge Harbison.
She said the county is going to make changes in the next budget session.
"Whatever y'all decide on that, I mean it's no hard feelings, and we understand that I think we should be consistent and fair. The other day in the courtroom I made a big deal about being consistent and fair," said Shires.
Florence remarked a person with the skills of Tomaszewski is difficult to find.
"Without Shawna [Walker] these last eight years I've been in the D.A.'s office, it would have been just, she's made it flow. Of course she's compensated at a higher rate and all that, but I probably would have lost her. That being said, you know it makes a difference with that kind of skill set," said Florence in suggesting more than $10.50 should be mandated for abilities such as Tomaszewski has.
A motion was carried by the commissioners to hire an investigator at the rate set out in the budget of $39,478 and hire the secretary at $10, and on a good faith basis report the hours. Also, $200 a month for the use of office space until it is no longer needed.
The commissioners approved a no fee application service agreement between Shelby County and Grantworks Inc. for a preparation of a 2017-2018 Texas Community Development Block Grant program, community development fund application to benefit the Sandhill Water Supply Corporation service area.
Judge Harbison stated the agreement is just to approve the contract with the grant company so they can move forward with the application process, at no cost to the county. She also reminded the commissioners Grantworks Inc. was approved at a meeting earlier this year to be the county grant administrator.
Travis Rodgers, Commissioner Precinct 3, asked to what area Sandhill Water Supply provides coverage. Judge Harbison indicated the area includes from FM 711 to Lake Pinkston and all the way to Lakewood Drive including over 400 service meters.
"They've been trying for at least six years, seven years to get this. They already have the project kind of already going, they already know what they need and everything," said Judge Harbison
At this time the Sandhill Water Supply is having to buy some of its water from the City of Center as they are in need of drilling a new well.
"I know when Judge [Doc] Watson was here, every two years he got one of the water systems a grant through the block grant program," said Judge Harbison. "I don't believe we've gotten a block grant since probably 2006, maybe 2007, we've not even applied for one. The good thing about that is we're at the top of the list and we're pretty much guaranteed to get this."
$275,000 is the grant funding figure Judge Harbison said the water supply looks to receive in assistance for their $450,000 project.
Recorded during the meeting was the initial Shelby County Adult Probation budget as approved by the Texas Department of Criminal Justice for the 2016-2017 biennium, Fund 90 - Basic Supervision and Fund 91 - Community Corrections Supervision services.
The meeting adjourned at 10:14am.
Officers' report
Fees collected per office for November:
Deborah Riley, Tax Assessor/Collector, office: Property: $1,699,248.55; Motor Vehicle: $29,911.25 for a total of $1,729,159.80
Jennifer Fountain, County Clerk: $40,719.40
Lori Oliver, District Clerk: $11,780.55
Maxie Eaves, Justice of the Peace Precinct 1: $8,520.00
Marla Denby, Justice of the Peace Precinct 2: $1,485.00
Margie Anderson, Justice of the Peace Precinct 3: $8,721.00
Jenny Hicks, Justice of the Peace Precinct 4: $2,258.00
Mike Crouch, Justice of the Peace Precinct 5: $2,079
Zach Warr, Constable Precinct 1: $1,420
James Hagler, Constable Precinct 2: $90.00
Billy Hearnsberger, Constable Precinct 3: $90.00
Bryan Gray, Constable Precinct 4: $90.00
Robert Hairgrove, Constable Precinct 5: $0.00
Grand total: $1,806,412.75
Agenda items approved during the meeting
1. Minutes of the previous meetings.
2. Pay monthly expenses.
3. Officers report.
4. Reschedule December 26, 2016 meeting for December 27, 2016.
5. Emergency ambulance service 9-1-1 exclusive agreement with ACE EMS.
6. Record the Shelby County Adult Probation budget as approved by the Texas Department of Criminal Justice for the 2016-2017 biennium.
7. Enter into a no fee application service agreement between Shelby County and Grantworks Inc. for a preparation of a 2017-2018 Texas Community Development Block Grant (CDBG) Program
8. Enter into a Service Provider Agreement between Shelby County and the Sand Hill Water Supply Corporation outlining each party's responsibilities in a 2017-18 Texas Community Development Block Grant Program - CDBG grant of up to $275,000 to construct water system improvements, if such is awarded by the Texas Department of Agriculture (TDOA).
9. Resolution authorizing submission of an application to the TDOA for a 2017-18 Texas CDBG Program Community Development Fund grant of up to $275,000 to construct water system improvements in the unincorporated Sand Hill Water Supply Corporation service area and designates the County Judge as the County's authorized signatory.
10. Adopt a Citizen Participation Plan and Citizen Complaint Procedures to be followed during implementation of Texas CDBG Program projects.
11. Hire an investigator at the rate set out in the budget of $39,478 and hire the secretary at $10, and on a good faith basis report the hours. Also, $200 a month for the use of office space until it is no longer needed.
12. Adjourn at 10:14am.
