This is the official website of Travis County, Texas.

On This Site

Commissioners Court

Previous Years' Agendas

Intergovernmental Relations Office

Administrative Ops

Health & Human Svcs

Criminal_Justice

Planning & Budget

Transportation & Natural Resources
 

On Other Sites

Travis County Commissioners Court

August 24, 2004
Items 9 & 14

View captioned video.

Go to Item 14

We have representatives of the criminal courts here so let's call up 12-b and try to get it done this morning before lunch. Not 12 b but 9 b. A is routine items and b request for temporary pay for criminal courts employees. This morning under the budget aeplgts amendments and transfers, we did have a request to tr-frb $40,000 -- transfer $40,000 which was reduced to --
>> 21,500.
>> $21,500. Good morning.
>> good morning.
>> criminal court, judge and commission had requested approval of temporary pay increase of 57 of 62 employees within the department. Effective 9-1-04. P.b.o. Confirmed funding and rrmd received the justification which is attached to your personnel amendment. This is carried as a non-routine item as a request of court that we post these items as non-routine matters for your consideration. We have department representatives here as you have indicated and I知 sure they are ready to respond to any questions that you might have.
>> anything from the court other than that laying out of the issue?
>> we think the issues are adequately explained. We would just like to highlight it was due to additional duties that were performed that were above and beyond what's to be reasonably expected from the staff within those departments.
>> how are you going to split it up because what we've got is the laying out of everything under the $40,000 scenario. We have not gotten anything related to the 21, 21, 5 scenario. Am I presuming, deborah, you took the suggestion made last week deduct out what we had to pay for the visiting judge line item so that it truly was a number that --
>> just so there's no confusion about that, I believe there was a little confusion that it was coming directly from the visiting judge line item, which was not ever the case. We did originally request the 40,000 from a vacancy in the elected officials line item. At your request last week we reduced that amount because we did find additional salary savings unrelated to the elected official. That vacancy. So the total that we are now requesting from that line item is 21,500, which is what was brought to your attention this morning. Did judges -- and this was the elected officials for the county court at law line item. The judges actually covered -- and you may recall this because I believe they came and talked to you about this at one point -- that they covered a good month and a half pretty much themselves of the vacancy. By taking on extra duties. And so 45 days of that, we did not even use visiting judges during that time slot. That equates to about $18,000 of that 21, 500. Then there's still about eight and a half days, and after talking to the county court at law judges, what they did during that period is that even though they may have had a judge assigned to court 5 to cover, they shared that judge. So in lieu of one of the judges getting an additional judge to cover their own court, two of them might use one judge so that we were not using additional funds out of that visiting judge to cover that period. So I don't see that there's an overlap at all with that visiting judge issue that was raised last week.
>> would it matter any if the court were to allocate 5.755% of the compensation line item to the department so we designate part of that to be an across-the-board increase, either 3% or 4% and basically authorize the criminal judges to do with the rest of that what they saw fit to meet the department's compensation goals? Why wouldn't that make a big difference, I guess? If I can give you a little bit of context, when I supported temporary pay, my thinking was we have not voted pay increases and did not know when we would, although we always try, one; and two, there are employees who performance is exceptional throughout the year, and if the departments can generate a little bit of money above and beyond budgeted salary savings, they ought to be given the flexibility to use those savings to compensate those extraordinary employees. So I知 viewing that as being history. I知 viewing those circumstances have changed. And I was hoping that this morning we would have the vote to show it. I have not seen anybody on the court waiver on the 5.75%, so in my view it's safe to say I think that that's close to a done deal barring a tornado that destroys, you know, a major county facility. And based on what i've heard other members say that may be an across the board, it may be 5.75% given to managers to do the right thing in compensation. So if in fact I知 right on where we are, why wouldn't that take care of the managers' efforts to award employees who are deserving.
>> i'll start by saying this proposal was discussed several months earlier, and the delay in presenting it had a lot to do with issues with regard to the fact that the court appointed attorneys fees is on our budget and a question as to whether excess funds should be utilized for any additional purpose when you have in your budget a line item that might go over. And because it's a concept of court appointed attorneys fees, which is a whole other issue with regard to whether it should even be in our budget and whether we should suffer an adverse consequence because of a matter we do not control, this was delayed. What I知 hearing is there's a high probability had we proceeded earlier as we wished, we wouldn't face this issue today and these people who did excellent additional work would have been compensated. The reason we had to delay it to this point in time was due to the fact -- and I can't go into the specifics because aim annuity aadept as deborah is, but my understanding is the concept if there's money in your budget that likely to go over, you are not allowed to use excess or savings in other line items, and we're penalized because we have this community-wide obligation that is placed upon the district judges and [inaudible] district and county judges budget as an issue. And so what I知 getting is circumstances may have changed, members of the court, but these folks deserve this money as much as six months ago and may very well not be facing this issue had it not been for another factor that we did not control. Deborah can be more specific in answering.
>> but you couldn't have generated these salary savings six months ago because 21,500 is what you have generated to date.
>> could not have, but you could reasonable anticipate there would be additional funds by looking at the expenditure we get monthly in your budget. No, we could not have generated this, but there could very well have been a proposal as early as may that would have said some amount of compensation for additional work, not necessarily the full amount you see today in the request, but some amount of compensation could have been done. Whether or not it would have been approved, we can't say. We know other departments have received adjustments for additional work done by their staff and it just places us in a predicament that has been a con constant issue with some of the judges, myself included, with regard to this issue of having an adverse consequence placed upon our budget and budgetary consideration because of a county-wide obligation under the law to pay for indigent representation. And --
>> I don't think the court is relying on that if p.b.o. We're doing that now. The criminal judges are responsible for an area that has exceeded a greatly increased original budget over the last four, five, six years. Unfortunately anything related to sentencing people has been very costly. I知 not blaming you all. In fact, I知 not blaming anybody. The question is what goes to the year end balance and what does not. Generally if we take your whole budget, we have had to add to it and not look to it for unexpected money to flow into the year ending balance.
>> in answer to that is that's a point well taken, but I would like consideration to be made the fact our court appointed attorneys fees in that argument and you will not see that substantial increase. It's because court appointed attorneys fees is the factor I have had to deal with when I played this role for the administrative judge necessary the past and it is the thing I have really an issue with because we -- we have a collateral consequence because of that line item being placed upon the court administration and the judges in the criminal court. And I don't say not identity, I would just like you all to appreciate the fact that I am told, whether it be by others or personnel and budget, and it leads me to believe it does have a consequence on us when we are compared to other departments. Because judge, you made a statement that there's been an increase. My contention is a substantial portion of any increase in the criminal korlgts budget has been a whole lot to do with indigent representation. And the impact of that.
>> I agree with that. Justification I see here is additional duties to be performed that are substantially outside the scope of regular duties. And so specifically what's that?
>> well, judge, since -- you know, with the new -- well, overcrowding has pretty much been a [inaudible] over the past -- addressed by the courts over the past couple of years successfully. I think we have like a 17% decrease from '02 to '03, and it has started to creep up again as I know you have all been made aware. And it's incumbent on the court to constantly work on coming up with new, original initiatives to try to address this problem. The staff, I mean the judges' staffs can tell you I知 constantly we're having to meet, we talk, what can we do. We're always coming up with new ideas, documents about to start, we -- the jail calls frequently when they have issues with mental health offenders, high-risk inmates. And I really believe that all of these efforts have become more apparent and more concerted over the past, you know, just very recently. And we're working very hard on it and we never stop working on trying to address that issue. And I -- you know, I feel that it was hard to look at because all the way from the drug court's staff who in the past did not really spend a lot of time working on the jail population, now they prioritize the rocket docket jail population. They do a lot of jail visits out there trying to get inmates in. They've gotten in 52 inmates, I believe is what the d.a. Reported in the last couple of years. All the court staff work really hard to prioritize getting those cases, for example, in county courts that are ready for disposition to the jail call every afternoon. I mean all of this, even though the judges are the ones who actually do the disposition, it's the staff behind the scenes that are really making all of this happen.
>> let me add one --
>> any other justification for why these employees could be eligible for temporary pay now and eligible for at least 5 partly sunny 75%, -- 5.75%, maybe more, effective October 1, which is a month and a half away?
>> well --
>> what am I missing?
>> I think it's great that they are going to be eligible to get that in f.y. '05 and I think I can safely say we're all very appreciative of that is correct but the efforts have been going on all -- you know, for a while now. And the majority of these staff have not received any compensation for a couple of years. So this was something -- and if you look at the actual amount is not that amount per employee. And it's for staff who have been there over a year, it's a one-time $800 lump sum. You know, if they've been there three months to a year, it's $400. It seems like it's a small token of appreciation we can show them for the efforts that they've been doing recently. But it doesn't mean we don't appreciate the efforts for '05 because we really do.
>> judge, under that theory, I would ask does that mean you resend all decisions made to -- rescind all decisions made to other departments during this year? And I would suggest --
>> remember, I voted against -- that the whole department was benefitting, I voted against. Where it looked like you were being selective, I voted for. This is 70% of the people in the department and what percent of those working on jail overcrowded. It's across the board basically.
>> judge, let me add one other thing before you ask the last question, deborah was talking about how is it justified. I'll give you one example that staff worked on. It didn't reach fruition yet and it may not, but as an example of work for jail reduction, there was a suggestion made and a study done within the staff to try to deal with the folks who are waiting transition into long-term substance abuse treatment who are on felony probation who clearly have a need, we keep them in our jail, as you all probably know, and that's a substantial number of people each month. The idea was to incorporate that population, remove them out of the jail to work with the drug court -- the beauty of drug court, it is a direct and steady monitoring and supervision of a person with a substance abuse issue. There were meetings with court administration drug court folks, court personnel and probation to come up with a way of identifying the population and in fact we got a list from the jail too to identify that population to come up with a way of studying them to try to get them out. I think it runs 35 to 40 people a month. So that we can reduce the jail population. It was worked on, it hasn't reached a final conclusion, and that's an effort that you all didn't even know about and it hasn't gone into effect. It may not. But those are efforts that someone comes up with, spends time in their day, which is clearly above and beyond, just to deal with this crisis we face in this county with too many people sitting in the jail. And it's more than just trying to save tax dollars. It's a good thing to get people who need treatment out of the jail into treatment that's available and drug court is something that has demonstrated success. That's one program, one idea that people have worked on that nobody knows about until I guess today when I tell you. Now, we know it because we were involved in it. But staff was actually involved in it. Many, many of these people were involved in that to get it to work and hopefully it might one of these days.
>> my last point is, and I do appreciate the work of those hard-working public servants, but I知 mindful that there were also a lot of folk there from the county attorney's office, district attorney's office, i.t.s., Numerous other departments, and so if our goal is to do the right thing for those involved in the jail overcrowding issue and we helped on that, then I think we ought to single out those individuals, tell what they did and make some sort of compensation award. I mean beyond fairness, one is that the policy was supposed to award -- reward employees who were exceptional. And I don't know that that necessarily means one or two, but I always thought it did not mean the whole department. And two, though, is that if that's the approach, then it's not quite an across the board, right? And my view is that what the temporary pay policy has become is an opportunity for the departments who can creatively generate money to do it across the board and really it mate a lot more sense to me in the spring than it does right now on the eve of a court vote to award compensation. In a rather significant amount. So I知 having problems, I guess, reconciling those two. And the other thing, though, is where I have been left with the impression that the whole department is being recommended, then I have voted against it. Where it looks like the department really went out and tried to pick and choose and in my view comply with the policy, I have supported. But there is a question of what about if you single out these individuals who were involved in this initiative, then if you don't pick up all of them, what about those who are not there. The other thing is the more of this temporary pay/salary savings we spend, the less of it is in the year ending balance. And I guess since we are making a big move to compensate rank and file employee and we've been hearing them and we know they went without for two years and 5.75 is a whole lot more than i've read about the other major employees doing this year, then I知 thinking that the circumstances have changed totally, which is why I put on the agenda today an item basically for us to terminate the policy. I was hoping to get a vote on that before coming to you all's item. Even if we vote yes to terminate, the question is when. In my view they are entwined so I wanted to go wherever the majority wants to go, but clearly what I hear let's discuss when we review the temporary pay policy is not where we have ended up in my view. That's all i'll say now.
>> judge, I appreciate your comments, I really do, and I just want to signal to everyone I have every intention of supporting this request because in the same way that the judge had his consistency, this would be consistent with where I voted for temporary pay increases with other departments. And I have been impressed not just in the matter of last couple of weeks, but throughout the year i've gotten numerous e-mails, almost every week, every two weeks of something going on in criminal courts where people are stepping up to the plate and filling in and doubling up and doing rockets and missiles and bottle rockets and whatever we're going to use to describe extra work by everybody saying we are all in this together. And I think it is a timing issue that judge flowers brought up that this could have been, should have been, would have been brought to us sooner, but we maintained that you had to know for certain you had salary savings in excess of your budgeted salary savings. And it would have been wonderful if we had known this back in may, but this department did not have that kind of indication until later into the year as opposed to earlier. I do think you are right on target though related to what do we do about this policy from this.forward, and I would say we would not need this policy in fiscal year '05. It ought to be away and I will make it vote to go away related to '05 because we will have tools, financial tools for departments to deal with exceptional performers, people doing extra duties, career ladders, et cetera. But I知 going to focus on '04 in '04 and I think this is within -- I appreciate the fact you have lowered the amount you need, that was appropriate, and thank you for reminding me that the judges did step up to the plate and double and triple up on things to make more money available for other people within your own department. So I am going to vote for this, but when 14 comes up, I think that this temporary pay policy needs to go away effective October 1st.
>> why don't we do this then. Why don't we with 14 and based on the effective date of it, if this is -- I mean if the effective date is not immediately, so be it. 14 is consider and take appropriate action on temporary pay increase policy, Travis County vowed section 10.030085. My motion is approve this item and have a separate motion on when it's effective. Is there a soaked to terminating the effective -- second to terminating the effective pay policy and if so the next will be the date.
>> second.
>> discussion? The next motion will be weather we do it today, October 1, and I知 just thinking it will be some want to terminate the policy but not now. October 1, I can live with that, whatever it is. That will pick up this item I guess if it's not immediately -- this is immediately -- that's another item.
>> there are just -- they are so entwined. Judge, I can get there in terms of if you want to eliminate it with an effective date of October 1, I知 there. But I get concerned about how a split vote can be interpreted because -- I would rather have it all rolled into one.
>> straightforward -- [indiscernible].
>> Karen, let's say what this thing is. It's been taken advantage of -fplgt I don't blame them for coming in here. We did whenever we passed 376 of them, it opened the flood gates. I doubt that we would continue to have six or seven pages of justified lump-sum, call it whatever you want. We know that. We set a policy, we tried to stand by it, it's been taken advantage of. We know that and that's the reason the judges voted against it. I voted for it each time because we voted for it, and you know what, we didn't expect that's what would happen. My biggest question is is where you get savings. Either somebody's budget is way beyond what it needed to be when it was submitted because we got more dollars that could go to ending fund balances than can I imagine. But I get it. I see what's happened. I think that all we can do is do the right thing and take it to the first of October. Notice that's not the -- I know that's not the motion, but we wouldn't be getting these pages when one department said take over 80 names because some department took over 377 names and what are they going to tell us no. Everybody wants to give people raises. Everybody knows people are hurting. Let's stop beating around the bush. Let's do what we need to do, get rid of this policy, know we got taken advantage of, but that's fine, and set the continuing thing for the effective date later o I知 willing to give it just like i've given it the last month and a half. We all know what has happened to us.
>> make it effective October 1 doesn't bother me.
>> thank you.
>> I知 going to vote against October 1.
>> and I respect that.
>> mr. Davis.
>> is there any way that we can maybe [indiscernible] the policy itself? In other words, we terminate the policy whatever the date the court decides to make it become effective, but is there any way we can visit that to -- I think you had said --
>> it needs a whole lot of work.
>> it needs a lot of work. I don't want to just throw it out the window.
>> I was hoping to bury it.
>> and I know that you have voted to support some of them and them some you haven't voted because for whatever reason you stated. And I respect that. And everybody respects everybody's vote the way they vote here. But if it's any way possible to maybe have it revisited so we can look at it so we can all agree on what the policy really should be. Because I think there are circumstances if there are savings that we can maybe funnel those savings or the department can funnel those savings into persons that may be outstanding, blah, blah, blah, blah. I just think we really need to revisit the policy where we can all come up with an agreement at some future date. I don't want to just terminate it and forget about it. That's what I知 looking toward in the future. If we decide to terminate the deal, if that's what we decided to, the court, then of course let's revisit it at some later date. Any way possible for that, judge?
>> yes, sir, we can do that.
>> okay, I think we can do that.
>> so the motion --
>> the motion is terminate the existing policy. The next motion will be the date.
>> I知 just making sure I understand.
>> we have a motion to terminate the policy. That's what's up right now; is that correct?
>> right.
>> and it's been seconded by Commissioner Gomez. All in favor? That passes by unanimous vote.
>> I move that the termination date be September 30, 2004, meaning in fiscal year '05 we would not have a temporary pay increase policy.
>> I second that.
>> any discussion of that motion? All in favor? Show Commissioners Davis, Sonleitner, Daugherty voting in favor. Voting against show Commissioner Gomez and yours truly. Now, as to the particular request before us involving the criminal courts and $21,500, Commissioner Sonleitner moves approval.
>> I would move approval of t-8 in the amount of 21,500, and that all of the appropriate budget amendments and transfers and p.a.f. Forms associated with this item be approved.
>> I second that.
>> discussion? All in favor of that motion?
>> I知 sorry. So I do have the list of the people who will be covered by this 21,000?
>> I have an extra --
>> I have a copy of that.
>> may I ask a question, deborah, the same background information on the tasks that they will be doing for the rest of the year, September 30th, is what the justification was last week in the backup.
>> yeah.
>> the missile dockets and everything.
>> yeah.
>> the way I read it [inaudible].
>> that's correct. And also on this list, Commissioner, we even have, like I知 listed on here but I知 not one that's going to be receive ing this. It will have a "n.a." Next to the person's name, so --
>> there were two criteria that I looked at in trying to make a decision and one was that there were additional duties being performed. The second one was that this was going to be covered by savings over and above the salary savings because -- now, i've been here about 10 years, this is my 10th budget, and we've really been after that -- that ending fund balance. And so put as much money in there or to leave as much money in there as possible. And so that was -- you know, that's one of the those extremely important to me that this is savings over and above what you have to put into the ending fund balance. And then the additional duties, of course, are very important, but --
>> okay.
>> the motion is to approve the -- now, the backup that we have before us, if the amount goes from 40,000 to 21,500, these numbers aren't correct. They will be corrected?
>> on the budget adjustment?
>> these amounts are not correct, right?
>> the -- as far as the affected awarded amounts?
>> right.
>> they were reduced by approximately $1,000 because an employee was -- I guess there is a vacant position now.
>> we went from 40,000 to 21,500. If they add all these up, they total 21,500.
>> no, sir. The department through a vacancy that just occurred through some other additional budgeted or identified salary savings in the regular lineup has been identified this past week.
>> this is just related to the transfer.
>> that's right.
>> it turns out they had some things that did not require any kind of transfer. The money is already in there. Again, as Commissioner Gomez makes a very good point, above the budgeted salary savings.
>> that's correct.
>> you also made note of the point this would be -- this money if we spend it today would not be in the year end balance.
>> that's correct.
>> we're dealing with the department budget. [laughter] all in favor of the motion? Show Commissioners Gomez, Daugherty, Davis and Sonleitner voting for. Voting against, very consistently, our own, our favorite judge Biscoe.
>> and you are still our favorite.


I was told on the personnel matters there was an item that we overlooked.
>> oh.
>> that involved the purchasing department.
>> I thought that was just a heads up.
>> wanted to make sure that you are aware that purchasing had submitted the similar type of actions on the temporary pay increases.
>> okay. So you would -- you will be back next week with whatever backup they submit.
>> hrmd has not received backup related to those requests.
>> okay.
>> is purchasing one of the departments that has opted into the county personnel policies?
>> yes.
>> okay. Then we'll just waive delivery of whatever requests and documentation they have. That's it?
>> that's it.
>> okay.

The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.


Last Modified: Friday, October 28, 2005 8:25 AM