Agenda Item #5 regarding increase in compensation for Assistant County Counsel Carolyn Ruth was pulled from consent by 2nd District Supervisor Rex Bohn. All supervisors were called regarding this item according to public enthusiast and regular commenter Kent Sawatsky.
The discussion got heated towards the end and I will have a post later about the process that led to the vote.
Basically, the Consultant Interim County Counsel and Asst County Counsel will split the workload 50/50 and Ms. Ruth will be compensated for the additional time at a lower rate.
The MOU that is being used to justify this decision is Hum Co's own cookie cutter version. Not all Counties do that, this is from Personnel Director Dan Fulks and Consultant Interim Counsel Frank DeMarco's own comments. Mr. Fulks was not even familiar with Ms. Ruth's salary history. Mr. DeMarco and Mr. Fulks could not provide specifics of what this extra work was despite being asked by Supervisor Bohn.
As Supervisor Ryan Sundberg pointed out, we essentially have two people doing 1 job with Mr. DeMarco and Asst County Counsel. As Supervisor Rex Bohn pointed out, this has long term effects on taxpayers.
The first vote was 3-2 with Supervisor Bohn and Supervisor Lovelace dissenting. Supervisor Lovelace because he was aghast that taxpayers actually questioned a significant pay rate, Supervisor Bohn because he was trying to have the voices of those who expressed concern be heard.
After the meeting Mr. Sawatsky said, "it's been 7 months since (former) County Counsel notified that she was retiring." He said that the Supervisor's had all that time to get us a new County Counsel. Also according to his math, at $400 a day, the Consultant Interim County Counsel was making $2,500 a day plus expenses to travel here.
I would suggest watching the video when Access Humboldt has it up.
Background on Agenda item #5 and my previous posts:
Feb 24, 2015
Asst County Counsel "compensation" to be pulled off consent, Supervisors and other community members respond to my original post
My original post this weekend on a proposed increase in compensation for Assistant County Counsel elicited the following response from two County Supervisors.
3rd District Supervisor Mark Lovelace spoke with yesterday before the GPU meeting and sent me what he said via email:
"The County pays its ~2,000 employees based on the work they are doing and on longevity, not based on who they are. If an employee is asked to do work that is above and beyond the duties for which they normally get paid, we must compensate them appropriately. This is captured in the MOU for each of our bargaining units."
5th District Supervisor Ryan Sundberg via email commented on Julie Williams personal opinion about the money that was spent on the Tooby Ranch litgation based on Ms. Ruth's advice.
"Ms. Ruth had nothing to do with why money was spent on this case, we has outside Council and it was 100% up to the BOS. These have all been unanimous votes, so it falls squarely on the BOS, both the ones who started it and the current board (all new since it was first started, and just trying to get it finalized)."
From today's BOS meeting, agenda item #5 :
Temporary Increase in Compensation for Assistant County Counsel (4/5ths Vote Required) That the Board of Supervisors, by not less than a four-fifths vote and pursuant to Section 7 of the Humboldt County Salary Resolution, approves a temporary increase in compensation of 22 salary ranges for Assistant County Counsel Carolyn Ruth, effective February 24, 2015 and continuing until appointment of a new County Counsel or June 5, 2015, whichever occurs first.
It also elicited response from other members of the community. There has been a request to pull this item of the consent calendar by a few community members.
Debbie Provolt gave me a letter from the legal department of the Department of Transportation and Humboldt County Department planning and policies on parcels and what it deemed illegal. I will post that letter later today. It is not just Ms. Williams that has concerns about Ms. Ruth's abilities.
Her increase in compensation may increase her retirement benefits and is a question worth asking.
Ms. Provolt also had a pro-active solution: "It is always good to suggest an alternative, and I think that most office manager tasks do not need to be done by an attorney, Few Co offices or private businesses have an attorney for an office manager. I wonder if Phi Smith-Haynes office could provide some temporary help. Also I think that they could authorize overtime as an alternative to a raise."
Original post:
3rd District Supervisor Mark Lovelace spoke with yesterday before the GPU meeting and sent me what he said via email:
"The County pays its ~2,000 employees based on the work they are doing and on longevity, not based on who they are. If an employee is asked to do work that is above and beyond the duties for which they normally get paid, we must compensate them appropriately. This is captured in the MOU for each of our bargaining units."
5th District Supervisor Ryan Sundberg via email commented on Julie Williams personal opinion about the money that was spent on the Tooby Ranch litgation based on Ms. Ruth's advice.
"Ms. Ruth had nothing to do with why money was spent on this case, we has outside Council and it was 100% up to the BOS. These have all been unanimous votes, so it falls squarely on the BOS, both the ones who started it and the current board (all new since it was first started, and just trying to get it finalized)."
From today's BOS meeting, agenda item #5 :
Temporary Increase in Compensation for Assistant County Counsel (4/5ths Vote Required) That the Board of Supervisors, by not less than a four-fifths vote and pursuant to Section 7 of the Humboldt County Salary Resolution, approves a temporary increase in compensation of 22 salary ranges for Assistant County Counsel Carolyn Ruth, effective February 24, 2015 and continuing until appointment of a new County Counsel or June 5, 2015, whichever occurs first.
It also elicited response from other members of the community. There has been a request to pull this item of the consent calendar by a few community members.
Debbie Provolt gave me a letter from the legal department of the Department of Transportation and Humboldt County Department planning and policies on parcels and what it deemed illegal. I will post that letter later today. It is not just Ms. Williams that has concerns about Ms. Ruth's abilities.
Her increase in compensation may increase her retirement benefits and is a question worth asking.
Ms. Provolt also had a pro-active solution: "It is always good to suggest an alternative, and I think that most office manager tasks do not need to be done by an attorney, Few Co offices or private businesses have an attorney for an office manager. I wonder if Phi Smith-Haynes office could provide some temporary help. Also I think that they could authorize overtime as an alternative to a raise."
Original post:
Feb 21, 2015 and
Why is an Assistant County Counsel who is retiring, cost the County and taxpayers money in litigation being given a raise for doing her job?
At their Jan 20, 2015 meeting the Humboldt County Board of Supervisors voted unanimously to direct CAO Hanes to enter into agreement with Frank DeMarco of the Hanson Bridgett Law Firm to be interim County Counsel. County Counsel Wendy Chaitin's retired and January 20, 2015 was her last meeting.
From the February 24 meeting, agenda item #5 is:
Temporary Increase in Compensation for Assistant County Counsel (4/5ths Vote Required) That the Board of Supervisors, by not less than a four-fifths vote and pursuant to Section 7 of the Humboldt County Salary Resolution, approves a temporary increase in compensation of 22 salary ranges for Assistant County Counsel Carolyn Ruth, effective February 24, 2015 and continuing until appointment of a new County Counsel or June 5, 2015, whichever occurs first.
This brilliant idea is a suggestion by Frank J. DeMarco, Consultant Interim County Counsel.
Listed below are the recommendations in a letter to the Supervisors which is an attachment on the agenda.
Listed below are the recommendations in a letter to the Supervisors which is an attachment on the agenda.
RECOMMENDATIONS:
That the Board of Supervisors, by not less than a four-fifths vote and pursuant to Section 7 of the Humboldt County Salary Resolution, approves a temporary increase in compensation of 22 salary ranges for Assistant County Counsel Carolyn Ruth, effective February 24, 2015 and continuing until appointment of a new County Counsel or June 5,2015, whichever occurs first.
SOURCE OF FUNDING: General Fund
DISCUSSION:
On January 23, 2015, County Counsel Wendy Chaitin retired from county service. As a result of that
retirement, the Board of Supervisors retained the services of experienced outside counsel to provide
specified contractual advice and guidance. In order to minimize expenditures, retained counsel does
not provide daily onsite management of the office. Daily onsite management is being performed by
Assistant County Counsel, Carolyn Ruth, with the guidance and advice of retained outside counsel. In the absence of a full time county counsel, the Assistant is performing additional duties such as preparing the 2015/16 annual budget and in communication with retained counsel is performing a full range of law office management duties.
So we hired an outside consultant to replace Ms. Chaitin and now we have to pay extra to the assistant County Counsel because she has to assume some extra work that the consultant cannot do?
Supposedly, Ms. Ruth is supposed to retire this June. There is concern by some members of the community that this is a move to get Ms. Ruth the permanent position of County Counsel.
Julie Williams, had this to say about the proposed raise: "In my personal opinion, as a concerned citizen, "It is highly inappropriate to give Ms. Ruth a raise at this time. Merely by looking at her record and the excessive costs to taxpayers for her advice on land use decisions and land use litigation. Ms. Williams cited the Tooby ranch litigation as an example.
That the Board of Supervisors, by not less than a four-fifths vote and pursuant to Section 7 of the Humboldt County Salary Resolution, approves a temporary increase in compensation of 22 salary ranges for Assistant County Counsel Carolyn Ruth, effective February 24, 2015 and continuing until appointment of a new County Counsel or June 5,2015, whichever occurs first.
SOURCE OF FUNDING: General Fund
DISCUSSION:
On January 23, 2015, County Counsel Wendy Chaitin retired from county service. As a result of that
retirement, the Board of Supervisors retained the services of experienced outside counsel to provide
specified contractual advice and guidance. In order to minimize expenditures, retained counsel does
not provide daily onsite management of the office. Daily onsite management is being performed by
Assistant County Counsel, Carolyn Ruth, with the guidance and advice of retained outside counsel. In the absence of a full time county counsel, the Assistant is performing additional duties such as preparing the 2015/16 annual budget and in communication with retained counsel is performing a full range of law office management duties.
So we hired an outside consultant to replace Ms. Chaitin and now we have to pay extra to the assistant County Counsel because she has to assume some extra work that the consultant cannot do?
Supposedly, Ms. Ruth is supposed to retire this June. There is concern by some members of the community that this is a move to get Ms. Ruth the permanent position of County Counsel.
Julie Williams, had this to say about the proposed raise: "In my personal opinion, as a concerned citizen, "It is highly inappropriate to give Ms. Ruth a raise at this time. Merely by looking at her record and the excessive costs to taxpayers for her advice on land use decisions and land use litigation. Ms. Williams cited the Tooby ranch litigation as an example.
In her professional opinion, representing the North Coast Home Builders, Ms Williams said, " We would have deep concerns about Ms. Ruth and her unprofessional behavior and attitude to property owners across the spectrum,; not just towards local developers who gets permits. It is due to her cohorts which include the former planning director and some former Supervisors that the GPU has been too time consuming and costly". Ms. Williams used an example the time Ms. Ruth cited to the Supervisors a state statute as a basis for the County to adopt an emergency tpz ordinance. "Trouble is, in her staff report to the BOS, Ms. Ruth changed a comma to a period, omitted several lines and told the Board to move forward on the tpz ordinance. We have deep concern that even though Tuesday's agenda item says the increase would be temporary in nature, sometimes things happen and it is our fear that this could be a potential move to keep Ms. Ruth on staff permanently which we would oppose. She has turned in her resignation."
Mr. Chiv... it appears you made a difference.
ReplyDeleteWell Done.