July 21, 2004
BOARD OF FRANKLIN COUNTY COMMISSIONERS
The Board of Commissioners met in a regular session with Chairman John E. Taylor and Commissioners Fred E. Ferguson, Donald C. Hay, Donald R. Stottlemire and Donald E. Waymire present.
The meeting was called to order by Chairman Taylor at 8:30.
Chairman Taylor said the first thing on the agenda was discussion on creating a Human Resources Department.
Jim Bunch asked if the Clerk was overloaded with work or not doing a good job. Chairman Taylor said that all the conferences they have attended they are told they need to have a separate Human Resources Department. Commissioner Waymire said this is not something they just dreamed up, they have been discussing it for several months and on the advice of their legal counsel and County Associations all counties need to have a separate Human Resources Department.
Ray Tomberlin asked what it costs. Chairman Taylor said they have budgeted $106,400 for 2005 and if it happens this year maybe they could use existing personnel for the second position and it would probability be toward the end of the year before a director could be hired. Commissioner Waymire said it could reduce our liability and be a savings. Commissioner Stottlemire said that the $106,400 figure was done thinking that payroll would be in that department and that payroll is not going to be in the Human Resource Department, so that figure is a lot higher than it needs to be.
Virgil Hermreck asked if it would be one employee less than what was originally proposed and Commissioner Stottlemire said it should be one employee less since that department will not be doing payroll. Commissioner Stottlemire said when the budget was originally figured it had two employees and we would only need to hire one employee.
Roy Dunn discussed the need vs. the want. Do the people of Franklin County need to fund another department at this time or do the employees, supervisors and commission want to add another department? Is there a serious problem in the County right know, that we need a Human Resource Department. Roy said that Commissioner Waymire said that everybody is doing it, does Franklin County want to spend the money on a new department. Commissioner Waymire said that a majority of our department heads have been in here, highly supporting it in a professional way and saying it was broke and it needed fixing. Roy said that the Administrator question may be on the ballot in November and would it not be appropriate to wait until then to add a Human Resource Department. Chairman Taylor said they had a lot of department heads and elected officials in last week. Commissioner Waymire said they had no input from any department head or elected official wanting to leave it like it is.
Gordon Paul asked how many counties in Kansas have a Human Resources Department. Commissioner Waymire said several. Gordon said there are 105 counties in the State of Kansas. Gordon said we are counting dollars and he wants to know how many. Gordon said if a county employee showed up in here and did not support it they would be a fool. He could guess what the results of that would be. Gordon asked who handles it now and what the cost is. Chairman Taylor said it is handled in the Clerk’s Office and he didn’t know the figure of what it costs, it is included in the Clerk’s budget. Commissioner Waymire asked if they should be going against the legal advice they get. Gordon said he would question where the legal advice is coming from. Chairman Taylor said that most of the advice is coming from the Kansas Association of Counties. Gordon asked if it is mandated to have an HR Department. Chairman Taylor said it is not mandated, but suggested and that our insurance company highly suggested creating a Human Resources Department. Gordon said that things are pretty tough and not just in Franklin County but everywhere. Gordon asked how many times the County has been sued in the last five years. Chairman Taylor said that we have not been sued yet. Blaine Finch said that we paid off last year in a settlement that the original claim was in excess of $350,000 and that is the only one since he has been here since last September.
Weldon Padgett with the City of Ottawa said they have two full time employees in their Human Resources Department. They have spent the last year updating job descriptions and recently updated their pay plan. They spend time training department heads on how to do evaluations, hiring process and other human resource issues.
Bob Thompson said he supports creating a Human Resources Department.
Ray DeJulio said he is in favor of creating a Human Resources Department. The County Clerk is putting in a lot of hours because of the upcoming election and the Clerk’s Office is strapped for time and when under pressure to do too many things human resources issues may not be a priority.
Larry Walrod said that when Miami County hired a County Administrator the first thing he did was hire a Human Resources Director.
Jason Parks said that we need someone to provide support on issues. Employees should not have fears about going in and discussing issues with the personnel department.
Chairman Taylor said that part of the wheel is broken. He has had a number of employees call him and tell him that something needs to be done they don’t have anyone to talk to.
Blaine Finch said that in the Kansas Association of Counties comparison, in 2003 twenty counties showed Human Resource positions and in 2004 twenty-four counties out of 105 showed Human Resource positions. Some of the Counties are Lyon, Miami, Reno, Saline, Butler, Barton, Finney and the larger counties. Gordon Paul said that was less than 25 percent that think it is the right thing to do.
Jim Bunch asked about employees calling and saying they don’t have anyone to talk to. Don’t they have a supervisor they can talk to? Chairman Taylor said that sometimes they have something they don’t want to discuss with their supervisor.
Jesse Maddox asked when the taxpayers are going to run out of money for all of this. It seems like something new is always happening and costing money and there is no cutting back any where.
Commissioner Hay said the discussion may have been going on for months, but he just found out about it 2 or 3 months ago apparently he has been left out of the discussion and that is a violation of the open meeting law, when two or more board members discuss county business together outside of a meeting. Commissioner Hay said what happened last Wednesday was very unprofessional for department heads to show up during public comment and not being on the agenda. Chairman Taylor pulled the resolution out of the drawer and tried to get the commission to pass a resolution to create a Human Resource Department. Commissioner Hay thanked Chairman Taylor for placing it on the agenda for today. Commissioner Hay said in his opinion we do not need a Human Resource Department. The only suit we have had was a direct result of too many mouths publicly opening up. Commissioner Hay said that the department head should not have taken from the taxpayers and came down to the meeting without an appointment and they owe the taxpayers at least one hour worth of wages and a reprimand should be put in their files. Chairman Taylor said it is a good thing we all don’t feel that way and that every employee has the right to come in and express their opinion.
Jason Parks said that is the reason he has not heard anything before the last 3 or 4 months, because everyone is scared.
Chairman Taylor said he has been here four years and they have been talking about the need for this. He has had department heads and employees telling him we need a separate Human Resource Department.
Commissioner Hay said that the only reason we need this department is that the department heads and employees can’t currently rule and run the county. They want to turn the employee manuals into what they want it to be.
Commissioner Waymire asked Jason Parks if the fear is the commission as a whole. Jason said no, some Commissioner’s come out and ask how things are going. Jason said some Commissioner’s care enough to show up in his shop.
Commissioner Hay said he has been informed that he is not to go to the County Shop and talk to employees. Ray DeJulio said there is no problem with going out and talking with employees as long as you are not going out and telling the employees that their boss is no good and telling them that things need to be done a certain way. You can not try to under mind the supervisor or direct employees to do work the way you think it should be done.
Commissioner Waymire said as a body they are the governing body of the County. Individually they have no authority. Gordon Paul said except for one word, coercion.
Commissioner Stottlemire said if they could do away with personnel issues, they could cut their meetings down to one day a week. Commissioner Stottlemire has said if it could be worked into the budget without increasing the mill levy, he would consider it. Commissioner Stottlemire said he didn’t know if it was the right thing to do.
Jesse Maddox said he sees a lot of Sheriff’s vehicles just sitting in the parking lot, are they all needed. Commissioner Waymire said that is an elected office.
Commissioner Ferguson said they are trying to run an $18 million dollars business two mornings a week. That is why he thinks that someone needs to be here full time.
Joe Ream asked Jason Parks if he has problems on a daily bases. Jason said not in his department, but he is in a lot of different departments on a daily bases and he hears a lot of conversations. Joe asked if an employee has a problem they are not to go to their supervisor first, but directly to the Human Resources Department and they are going to solve the problem. Chairman Taylor said it would depend on what the problem or concern is. Virgil Hermreck said that in some cases if you went straight to your supervisor you would get fired. County Clerk Shari Perry said the County already has policies on the procedures.
Commissioner Hay said that the County Clerk has been doing the Human Resource duties for the past 6 years and there has only been one law suit, which was not a direct result of Shari Perry. What is wrong with continuing the way it is until after the election?
Blaine Finch said this topic first came up on November 26, 2003 and he has copied everything that has come up about this issue to the Board. On December 3, 2003 the Board received the first memo from him regarding the Human Resource Department. Blaine said the law is very complex regarding Human Resources, it is too much for a person that is not educated in Human Resources and you should not delegate the handling of your most precious resource to an elected department. Personnel management is the most important function that you have and it should not be in the hands of an elected official which you have little control over. That is why it is not a good idea to leave it in the hands of an elected official. The Personnel Department needs to be under the Boards control and under their umbrella, so they can call the shots, because the Board has to answer to the taxpayers. Blaine said it is the wisest and best thing to do for the taxpayers of Franklin County.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve Resolution No. 04-63 creating a County Human Resources Department and Setting out Guidelines for Its Formation and Operation effective August 15, 2004.
Commissioner Stottlemire asked what will happen on August 16, and who would be in charge. Chairman Taylor said we will have to start advertising and hopefully someone is found by then. Commissioner Waymire said we could start advertising within the County. Commissioner Stottlemire said always in the past when there has been transfers within the County from one department to the other, they have waited until the transfer would not hinder the work of the department that the employee is leaving. Chairman Taylor said he would not want to see that happen. Commissioner Hay said that this should not take place until a County Administrator is on board; we are putting the cart before the horse. Commissioner Stottlemire said he has been convinced that we need a County Administrator. County Clerk Shari Perry asked if this department is established August 15, where are the funds going to come from. If an employee is taken from my office, I will still have to replace the employee. Chairman Taylor said it would have to come out of the General Fund cash carryover. Commissioner Waymire said that August 15 is a realistic time frame to establish the department.
Chairman Taylor and Commissioners Ferguson, Stottlemire and Waymire voted “yes.” Commissioner Hay voted “no.”
Mary Allison Haynie discussed with the Board a workshop for anyone interested in the role of design and planning in the future of your community and Franklin County. The program is being brought to you by the National Endowment for the Arts, The National Trust for Historic Preservation, the Faculty of Landscape Architecture at the State University of New York in Syracuse, and the Ottawa Main Street Association.
Jason Parks discussed contracts with ProActive for hardware and software for the AS400.
Commissioner Ferguson moved and Commissioner Stottlemire seconded to approve a one year hardware contract for the AS400 with ProActive in the amount of $4,469.17 and a one year software contract for the AS400 with ProActive in the amount of $4,040.00. All voted “yes.”
Jason Parks discussed an agreement with IBM for services.
Commissioner Hay moved and Commissioner Ferguson seconded to approve an agreement for service with IBM. All voted “yes.”
Jason Parks discussed a purchase agreement with Imagistic for the purchase of seven copiers.
Commissioner Hay moved and Commissioner Waymire seconded to approve the purchase of seven copiers from Imagistic in the amount of $22,659.00. All voted “yes.”
Jason Parks discussed an equipment maintenance agreement with Imagistic for maintenance on nine copiers.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve an equipment maintenance agreement with Imagistic for nine copiers. All voted “yes.”
Ray DeJulio discussed a solicitation of bids for tires.
Commissioner Stottlemire moved and Commissioner Waymire seconded to publish a solicitation of bids for tires. All voted “yes.”
Ray DeJulio discussed safety audits that have been conducted.
Ray DeJulio discussed dust control and the need to blade most of the areas due to excess rainfall this summer. Ray said he has approximately $4,000 left in the Dust Control Fund and the areas that are bladed will be touched up with magnesium chloride.
Ray DeJulio discussed computer training for three of his employees at Neosho County Community College. The cost is $295 for each employee.
Commissioner Hay moved and Commissioner Waymire seconded to approve three employees of the Public Works Department to take a computer class at Neosho County Community College.
Commissioner Stottlemire asked when the classes are held. Ray DeJulio said they are in the evenings or weekends and the employee will not be paid while attending the class. Commissioner Stottlemire said that they need to be required to provide to the County that they have completed the class and an attendance record of the sessions they attended.
All voted “yes.”
Commissioner Waymire moved and Commissioner Stottlemire seconded to go into an executive session for five minutes at 10:20 for personnel of non-elected with Board, Blaine Finch, Shari Perry, Ray DeJulio and Jim Haag present. All voted “yes.” Chairman Taylor opened the meeting at 10:25 and reported no action taken, no decisions made.
Jim Haag discussed the progress on the 36 Mile Plan of hard surfacing. Board discussed with Blaine Finch and Ray DeJulio were the agreements for the $6 million are. Chairman Taylor said it needs to be done right away. We are robbing Peter to pay Paul and we are about to run out of funds to pay contractors. Blaine Finch said he would contact Bill Feuerborn and see if he could help expedite this process.
Ray DeJulio discussed using a county employee and County backhoe to do work installing another dry hydrant for the Township Fire Department. Board agreed.
Board discussed with Ray DeJulio the mowing of rights of ways.
Commissioner Hay asked about KDOT installing crossing arms on Iowa Rd. just south of Osborne Rd later this year
Commissioner Hay moved and Commissioner Stottlemire seconded to approve the minutes for July 19, 2004. All voted “yes.”
Commissioner Waymire moved and Commissioner Ferguson seconded to approve tax orders 2003-186 through 2003-193. All voted “yes.”
County Clerk Shari Perry asked about canceling the Commission meeting on August 2, due to the amount of work the Clerk’s Office has to do on that day preparing for the Election on August 3. Board agreed to cancel the Commission meeting on August 2.
County Clerk Shari Perry discussed the canvass of the Primary Election on August 6 at 8:30 in the Commission Chambers. Chairman Taylor said he would not be able to attend and ask that Debbie Hough or Sue McCay attend in his absence.
Commissioner Hay moved and Commissioner Stottlemire seconded to approve payroll changes 04-291 for Dana Hermreck with Public Works and 04-292 for Corey Brenner with Noxious Weed. All voted “yes.”
Open bids at 11:00 for the purchase of two vehicles for the Appraiser’s Office. Three sealed bids were received.
Ed Bozart
2-New 2004 Chevy Trackers 4X4 in the amount of $35,986 with no trade in’s
Ottawa Ford
1-2004 Ford Escape 4X4 XLT with 11,200 miles in the amount of $17,511 with trade in
1-2004 Ford Escape 4X4 XLT with 15,660 miles in the amount of $17,211 with trade in
Beckman Motors
1-2004 Chevy S-10 Blazer 4X4 with 18,710 miles in the amount of $14,993.02 with no trade in’s
Board received one additional bid from Dale Martens Nissan that was faxed. Bid was not considered, because it was not a sealed bid.
Commissioner Hay moved and Commissioner Stottlemire seconded to accept the bid from Ed Bozart for two new 2004 Chevy Trackers in the amount of $35,986 for the Appraiser’s Office. All voted “yes.”
Board discussed taking sealed bids for the sale of a 1991 Jeep Cherokee and a 1994 Ford Explorer.
Ethel Wallace discussed needing to advertise for a full-time employee for Juvenile Detention. Board agreed.
Blaine Finch discussed a notification of grant award from Kansas Housing Resources Corporation Emergency Shelter Grant Program in the amount of $8,211 with local matching funds in the amount of $8,000. Blaine said that the $8,000 match will be made up from the FRETS Group.
Commissioner Waymire moved and Commissioner Ferguson seconded to approve a grant and the provisions in the Grant Award Conditions and Emergency Shelter Grant Program in the amount of $8,211. All voted “yes.”
Commissioner Hay moved and Commissioner Waymire seconded to go into an executive session for 20 minutes at 11:25 for personnel of non-elected with Board, Blaine Finch and Shari Perry. All voted “yes.” Chairman Taylor opened the meeting at 11:40 and reported no action taken, no decisions made.
Board discussed with Blaine Finch the advertising for the Human Resources Department. Blaine said we could advertise in house for a Human Resources Administrative Officer. Commissioner Stottlemire asked if we would not hire the Human Resources Director first and Blaine said it would probably take three months to hire a director, he doesn’t think there is anyone in house that has a masters in Human Resources for the Director position.
With no further discussion the meeting was adjourned at 11:55.
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Clerk Chairman