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Travis County Commissioners Court

August 31, 2004
Item 21.b

View captioned video.

B is the peace officer pay scale. There are people from the sheriff's office from whom we have probably not heard as much. We probably need those two chairs. Those who wish to address the Commissioners court on the peace officer pay scale issue. Especially who represent one or more of the subgroups, please come forward. Share with us your input at this time. My own view is our revenue issue after our 2.5 hour discussion earlier today is not as clear as I had hoped. And in my view we need to take a look at more time, try to figure out what the money is or can be. In order to start spending it. So I don't see anything other than really taking another week. And what I hope is that by next Tuesday when we come in, we not only will have in writing specifically what revenue opportunities we can vote on. But also what -- what expenditure challenges we are looking at, also. Yes?
>> your honor, members of the court, I -- I am here today, I知 ronnie earle district attorney in Travis County, with me is rosemary lindburg the first assistant district attorney, captain frank maxwell the supervisor of our investigators, david escamilla is also here, we are here to talk about the classification of district attorney investigators and county attorney investigators. Our investigator 2 positions are now at -- at 85 on the -- on the peace officers pay scale. They should be at law enforcement detective grade 75. Because they do law enforcement connective work. Detective work. The duties that they perform are -- are much more involved than the classification that they now, where they now exist would indicate. We would ask that they be reclassified as law enforcement detective grade 75. This is a quick example of that. We have an a.p.d. Detective, a tcso detective, a d.a. S office investigator, they also do exactly the same work. The tcso deputy is a detective on the detective pay grade with approximately 19 years of service. The a.p.d. Officer is also a detective with approximately 20 years of service. The d.a.'s office investigator does exactly the same job as 14 years of experience in the d.a.'s office and a master's degree in criminal justice. She's classified at a lower pay grade. The level of sophistication and complexity that these detectives work is every bit as complex, if not more so in many ways, than that work by any -- any law enforcement officer anywhere. So we would ask that the investigators for the district attorney's office and the county attorney's office be reclassified as law enforcement detective grade 75 on the peace officer pay scale. And I will be happy to give you additional examples of the level of work that these investigators do. For example, one of them, sergeant -- investigator von kelso is a former detective with the fort lucy florida police department, 7 years experience before she came here. Her last assignment was as a homicide crimes against persons detective. Bob merrill is an investigator in our office, he retired from the Austin police department with 25 years of service. With a detective with a sex crimes unit for some years. Handled over 300 sexual assaults. He was a -- he was a detective and homicide -- in homicide for 12 years. Assigned over 60 -- 60 homicide and every one of them has been cleared. These are high level detectives. And we would ask that their classification in the pops scale reflect the level of competence and the level of complexity in which they engagement I could go on.
>> when did we have the detectives surveyed last?
>> I don't know. [inaudible - no mic] I think 91.
>> I think lieu ann has the -- lou ann has the answer.
>> we quukted the study back in '01 with the opportunity from the court had a question two weeks ago on sergeants and in the corrections area, so we took that opportunity to update the study that we had done in '01 and now it's updated. So we do have data on the investigative positions. And I believe that was -- that memo was distributed to you today that does indicate on our urban counties, bexar, dallas, harris, tarrant, that investigator is behind the market by 4.23%.
>> 4 point what percent.
>> 4.23% on the minimum. We are ahead on the maximum by 7.89%.
>> we haven't seen that. Also my only question would be how those other officers -- or define them. Whether a detective is the same as investigator in that type of an office or not. That's why you are meeting with us, went -- why you meeting with us when you entertain a study like this is the optimum thing to do.
>> it's okay. You all just finished it. We haven't had an opportunity to. We have the same kind of investigators perhaps that some of those offices have and then we have other investigators, particularly in the types of units that she is talking about where they are doing detective work from the ground up.
>> can I ask a more fundamental question. I have such great respect for [indiscernible] [papers shuffling - audio interference] these seem to be exceptions that we are trying to make fit into the pops scale as opposed to the pops scale just shows us the way and the answer. My question is have we thought about the -- these slots that are very specific, that really although you say it ought to be a law enforcement detective, there's a whole lot of other stuff that goes with being a law enforcement detective that's none of the above in terms of certain other kinds of things, is that you guys get off the pops scale and that we translate this job into one that is -- that is off the pops scale as constable van did with great success of getting off pops, we -- we picked them up, moved them over, got a classification that had the same kinds of beginning salaries and end point salaries and they were able to move them along, get the flexibility so that when these wonderful folks come over from other departments, divisions, they are not required to start the at the beginning of the pops scale and you have all of these market issues. They are able to place them where they want to within the budgeted resources of that -- of that office and they get flexibility to move them along to reward not only excellence, but also -- but also longevity. Even if it's earned someplace else. I would say the same thing about the park rangers. There was a reason we put the park rangers on this scale to kind of get them in with some folks that were moving along in terms of salary-wise, but that allows them to also get placed in a salary range and then we institute something called performance based pay as opposed to its just an automatic. I just see frank and so many others being caught up in you are different. And you are not quite the same.
>> first of all, frank is not on pops, he's a division director in our office, he's an exception, he's not on pops. We we talked for a long time and made some concessions to get on the pops scale Commissioner. And I guess what we are here saying to you today is that our investigator 2 positions are not different from law enforcement detectives. They are peace officers, it doesn't matter how many years experience they have. They are doing the same work. Ras a law enforcement detectives. We know that because we deal with all of them. We will be glad to talk about that if people want to about getting us off the pops, but we sure did spend a long time getting on it and making the decision to get on it and it just so happens this particular group of people I think just got missloted. For some reason they are slotted along with folks who do not do similar work and there's another category of individuals who do the same work. Now, I don't know what's involved in taking an investigator 2 that's currently in this 80 series and trying to fit them into a 70 series. There was some stuff that had -- that happen understand that that we were not privy to. But I think what we are saying to you here today is that we are not different. We are not the exception. In the investigator 2 category. We have -- we have all of our -- we no longer have investigator 3. There is -- there's an investigator 3 category in pops scale. And there was only one ever in our office of those. It was a particular position that was created for a particular job. And it no longer exists. So it's deceptive that we have more than one level of non-supervising investigator. We only had investigator 2s. And what they do is detective work.
>> so right now they are slated for the 2.75% increase?
>> that's right.
>> yeah.
>> this would change, this is where we need to get more information, we just got this over lunch from lou ann, it says that we are about 4% below an investigator 2, 7.89 above on the [indiscernible] salary f. I translate the way ronnie had said to law enforcement 75, correct, it means the beginning salary ought to be 48999 which may very well take care of that deficit on the one end. But says end point is 65233, which is 6,000 more than where this says is already way over market.
>> uh-huh.
>> well, I think as we have pointed out. It would really be important to know whether we are comparing apples to apples. Different places do things differently. Our investigators function in exactly the same way as a police department investigator would. Except in many ways their responsibilities are somewhat different because for example we get a case from the police department, it's been investigated up to a point. We often have to continue that investigation. Redo certain things. But as we get it ready for trial. The difference between getting a case that's ready to be charged, and getting a case ready for trial is like the difference between a physical examination and open heart surgery. It's just a vast difference. So our investigators are responsible for helping get the case ready for trial. Most importantly, in our --in our bifurcated trial system, separate trial for punishment, our investigators are putting together the information that is used to show the jury what the defendant should get in terms of punishment. That's a different responsibility. And an additional responsibility. So we would love the opportunity to have more in depth conversation with whichever entity is responsible for compiling this information for the court. But I知 telling ya, they do different work. They need to be accurate freezed and classify -- categorized and classified as detectives, that's exactly what they do. For example, I had a case where birth certificates were being sold on the street for $500. The defendant had a laser printer, a state seals, working at the Texas department of health making false birth certificates. Well, that took a lot of work to put that together and make it into a prosecutable case. Also a very important national security issue. So the level of cases that these men and women are involved in is -- is pretty complex. The two people that were charged with illegal dumping of hazardous waste and dumping it into the 55-gallon barrels of waste into walnut creek not long ago, our office handled that, environmental crimes. So there's a wide variety of the kinds of incidents that our people get involved with. They -- they basically do background information stuff that gets cases ready to go to trial. We will be happy to talk about that in more detail.
>> judge? Has there ever been -- [laughter] -- I mean, goift this much stuff on law enforcement. I mean it makes war and peace looks like overnight reading. [laughter] has there ever been a group that have got together within law enforcement from everything from corrections to you name it with h.r. And said this is -- these are the areas that we need to be in, and here's the peculiaring order, here's what we do, pecking order, we do it just like you because somebody can walk out of my office, I mean, in 10 minutes somebody else can walk in my office I知 -- hell I知 10 times more confused than I was before they walked in. And, I mean, I could have everybody come in front of me and justify it because everybody has got a justification. For what they need to be. I am totally confused as to where people need to be on a pay scale. I can get things, the thing that really is confusing to me, when you start looking, maybe this data, this statistical information that's given to us is incorrect because people didn't put the right kind of performance measures in them. But I have everything that we pay 33% above to the we pay 4% below that we pay -- I mean, I don't know how to do this, really y'all? I mean this is really -- maybe just being here two years doesn't qualify you to be able to differentiate what information I need to take and how I need to determine what people need to be paid. I have openly said and I will never back away, law enforcement, whatever agree it is, is a job that not very many people want. If you have to put on a piece of protective equipment to go to work, I think that you ought to get paid a commensurate amount of money. Whether there's a detective or inspector or whether it's a border patrol person. But I hope that there is information like that somewhere that somebody can give me a simple little document that says here's what we found, where we get together on the weekend and we all came out of there with scars, black eyes, whatever, but we walked out saying that's the best thing that we could get. Because other than that, ronnie, I am, I mean, I can listen to you and walk out of here go well, good god I guess I have got to put those people on a different pay scale as well. Maybe the other four up here have got it. But I am really, really confused about how I need to coco down on paying what to whom. You can hear my frustration.
>> certainly. As a practical matter, as a practical matter, in law enforce, I知 going to generalize, it will building probably -- it will be everybody in this room is going to have a different opinion. I知 going to give you mine because I have the microphone right now. As a general rule, beginning peace officers are generally brought in at the corrections patrol level. I am not speaking of corrections officers, I have no experience, anything about that. There are plenty of people here that know a lot more about that than I do. Generally speaking beginning police officers are at the patrol level. They generally promote. At that level they wear bullet proof vests and protective equipment because it's called for. Generally speaking they promote up, one of the levels they promote up to is detective. Generally speaking they don't wear protective gear when they are detectives as a general rule. The people that we use in our office, we don't use patrol officers. And the county attorney's office and the district attorney's office, we use detectives whose job it is to go ferret out evidence, put together cases, so forth. As a general rule those positions pay more than patrol officers. Patrol officers are usually younger, more energy. Rebound quicker from getting kicked in the shin, right? [laughter] so you hear a lot of disagreement with all of this. [multiple voices]
>> he doesn't need it. The vest. Let me add a few things just kind of from my concerns on this. I have it in my shorten your as county attorney, I haven't come to a point where i've been able to called upon to hire an investigator, I have my ideas, my work overall of these years to come at what I知 looking for in a investigator. Commissioner Daugherty it pretty much makes basic sense. The kind of work I want down in my office I look to the sheriff's office, a.p.d., Trying to get someone at a level where they put together cases. You know I want a detective. What I really like in terms of whatever that pay is, is some salary that I could entice someone over to come and do cases for us because we think we need at least that level. In taking what Commissioner Sonleitner said, I知 open to try in any way to deal with this. But more importantly, right now, you know, I知 going to be hopefully in a position where I知 going to be hiring investigators, I知 going to be able to make my mark on what I want. I知 hoping it's going to be the salary that I can get what I want for the investigator work that I want to be able to do. Secondly, just how this problem is com -- has compounded itself, the truth is I don't know how many investigators we have learned that we have, actually ronnie's and my office together, it's a small number. We are the tail. When you get -- that's what Commissioner Sonleitner means when she says we're different. The idea when you get into talking about peace officer compensation, the truth is we're talking about the sheriff's office. More so than ronnie and I got, group constables together. I知 guessing park police, more than ronnie and I have together. We are the tail, I feel sorry for the guys I jump in from time to time to try to help their matter. They are pretty much left over trying to find which way to go. I guess one of the very basic things is if lieu at that, if you look at that pops scale, you find it says investigator 2, I think other than one and juvenile probation or something there, really his and my office, I think a good way to start is to change that title, cada investigator so you know when people start talking about those pay levels they talk to the right people. Then we come in, say, all right you have bigger issues to deal with regard to corrections, with regard to law enforcement, don't forget this tail. These people do important work as well, they put their lives on the line in the work that they do. I like and agree with what you laid out. If someone has to put their life any time in danger, any time of the day, I think they ought to be paid for that. Just to remember them. When we come forward say okay you have to handle these big issues, but where do these guys fit in on that? I would argue they fit in very much so with law enforcement it's what they do. Then it turns out to be a money issue. There's just only so much pie, you have to make those hard decisions. That's everything that i've got to say on the matter.
>> Commissioner Daugherty, if I may, we attempted one time to do what you -- what you asked.
>>
>> [one moment please for change in captioners]
>>
>> ... At a law enforcement detective up until that time because of the fact it is a similar job. So they were at that same level in 2001 until the scales drifted apart. So just to give you that information that there was a point in time as late as 2001 that that was the case.
>> the only other thought I wanted to add to this is that there is a reason why in the preliminary budget you had the planning and budget office recommend 2.75% wholesale raising because in part this scale has grown over the years. It started with one group and then there were other groups that said what about me and other groups said what about me and then there were distinctions that were made and the court, over the years, was a partner in the various -- at sometimes recognizing the what about me. Park rangers always weren't there, investigators always weren't there, constables weren't always there. They are there now. There are different grades and cobbled together we've built this house with a funny set of interrelationships. And it may very well be worthwhile given also the rather indepth feelings that people have, rightfully or wrongfully, about their part of this house. And maybe sit back and have an independent look at this. And not -- and having a good set of compensation skilled people. The planning and budget office has played a role in this. There's not -- that office is not filled with compensation analysts. It is not filled with people who are fully understanding all the nuances in law enforcement and corrections. It's filled with a different set of skills that have a role to play but it's not necessarily a dominant role. So I知 just, you know, because you are going to see [indiscernible], we still have others who are going to come to you and say my room isn't the right sized room. I want a bigger room or a different room and this door should be opened and this door should be closed, et cetera. And it is because this scale has just grown and been packed together. So I think it's possible to do a comprehensive look. I知 not sure you can just get a bunch of people who are leaders in this family together in the same room and come up with agreement because they are very intelligent, very strong willed and very interested in making sure that their piece of this pie works well. So if I had any influence on this inning, I would suggest take a comprehensive look at this and get some good, solid compensation expertise along with law enforcement, corrections and peace officer expertise because it's just -- if we don't, you'll solve the problem, everybody will go home and it will come right back next year.
>> so you are talking about after October 1?
>> after October 1, yes. Not between now and October 1. [laughter] I知 talking about take the time and do it right. But do it right and not say, okay, you all figure out and come back to us because I think --
>> it won't happen.
>> [inaudible].
>> the scale is not the problem, y'all. The background -- that then becomes whenever you start sitting down with six different groups and why that is this and this over here is this.
>> correct.
>> and I want to be able to be right here. Trust me, i've seen every number that you can imagine, and I知 just frustrated to the point of how do you make sense of this. I mean, you know, where you really want law enforcement to understand that you want to pay them what they ought to be paid. And knowing that people are paid differently. Now, I mean I can't believe that we couldn't ask for, you know, give me your, you know, most level-headed person that's a representative and we're going to go and we're going to hold up for the weekend and we're going to find -- and I would love to just, you know, be a fly on the wall, I mean, just to hear because I think if I had everybody in the room and everybody got to talk that I could do that. All of us have a difficult time, you know, doing that because of how many folks we've got coming at us, not just law enforcement-wise, but I知 trying to be as conscientious elect official as I possibly can be with compensation, period, and I have a particular vent towards the proper compensation for law enforcement. But, man, I am just absolutely blown away by how you can keep as many balls in the air and figure out what in the world you need to be doing where you don't have people upset. And like I said, I don't think you are supposed to get this in two years. But maybe, you know, I can work on it. I mean probably i'll need to see more numbers.
>> well, I think that you do have a scale -- [inaudible] because quite frankly I would have preferred the scale to stay very pure and just apply to the sheriff's office. You kept adding in different folks and so we tried kind of best as we could to put people where they perhaps belonged and one of the difficulties and I think perhaps the district attorney investigators are an exception to the rule, but one of the difficulties is it's apples, oranges, strawberries and cantaloupe. It's not even comparing apples to oranges. It is a very different job that different components, they call them all law enforcement, but what people do in this county. And so what happens is is that you have folks who want to say I知 the same as those guys and the same as those guys are always my law enforcement folks. I mean they are the ones that people compare themselves to. If they were lowest paid they wouldn't be comparing themselves to, but since they are highest paid they are always comparing themselves to. I think there are even more implications of some of those decisions because then what happens is when you say to folks, no, you are not the same, then you have people who then don't want to do the job you are hiring them to do because they want -- they are so busy trying to prove they are the same as the law enforcement patrol officers. And I think that's -- you know, I think it's the reason we've got some real serious problems as far as folks doing the job that they are supposed to be doing. But --.
>> but what is common to all is the peace officer status, though, isn't it? That's what's common.
>> but it's not necessarily the job. I mean there are different types of law enforcement officers and there are different types of jobs that they are expected to do.
>> right.
>> and we grant that, but --
>> I think these people are perhaps an exception.
>> all we're saying here today is that our investigators are detectives. There is a cap going right now. We can change the name of our investigator. We don't care as long as the pay scale is correct. And, for instance, when we started a white color crime unit on the general fund, we put a sheriff's deputies, an a pd , they sit together and work on the same cases, they have the same qualification, they are carrying the same number of coast loads, it's just that the d.a. Investigator is slotted lower on the pay scale because she's called an investigator 2. That's just not right. And it the same throughout our units where we have investigators who are doing detective work. White color units, juvenile. In the juvenile system, our investigator does the majority of the investigation on cases. Even if it comes from law enforcement. So I think all we're saying here is our investigators happen to be debts. We're not saying that we're like detectives or like constables, all we're saying is they are detectives in the true sense of what the job description is and what they are actually doing.
>> if we actually did that, have you all put a fiscal note attached to it, is it -- are you -- let me reask the question. Are you presuming they would be at the same place on the scale, which I guess is the old way we just to call a compo ratio kind of thing as opposed they just get matched to that number which is where everybody else on rank and file gets which is why we create green circles. Bill?
>> well, bill derryberry. I have gone ahead and priced the cost of this conversion for all the investigators including the one in juvenile and public defenders.
>> how many are there?
>> 15 and a half.
>> and we have 17.
>> well, you have -- I知 talking about the --
>> general fund. Sorry.
>> and cost of okay the same place they are -- being the same place they are, sergeants and lieutenants, that version, the cost will be $109,487.
>> is that assuming that they all got a pay raise and funded by the general fund? If you simply said you can call them a different name but there's no pay increase involved, which I知 not sure you are suggestings, but if you did that, the cost would be zero, but I don't think that is the assumption that is being put on the table. The assumption is there would be increased pay on top. Various other --
>> I thought that's what this is about. [multiple voices]
>> let me be real clear. I don't want to just --
>> essentially that is what we -- everybody else on rank and file we've said groovy, you are on a different place. To a different plays with that same number unless that department has had the internal ability to fund the increase and do more than that. So if we do it for this, we're going to raise all of these huge issues related to why did you do them as a kr-fpl ompa ratio and everybody else got moved to a different classification with the same number.
>> it would probably -- the difficulty is that there is only the 2.75 that's available for the folks on the pop scale. So I mean if it were a different situation and you were saying, okay, sheriff, this much could be across the board on your pop scale and this much go out here and address your different market salary issues or pay just justification issues, then that would be a different situation, but there's not.
>> what the -- county attorney's office to do the same thing?
>> this is for all the investigator positions. And one in the juvenile public defender. I can give you the exact amount for each office if you wish.
>> do you have that on a specific sheet of paper in the memo you gave us?
>> no.
>> okay.
>> i'll get it later, bill. Thank you.

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Last Modified: Thursday, October 27, 2005 11:02 AM