COUNTY COUNCIL REGULAR SESSION SEPTEMBER 15, 2009 AT 7:00 P.M. ATTENDANCE: COUNCIL MEMBERS: COMMISSIONER: ATTORNEY: AUDITOR: DEPUTY AUDITOR: AUDIENCE: Mitchell Proctor, President Darrel Thomas, Vice President Larry Parker Roger Deck Opal Sutherlin Keith Berry Nancy Fogle James Baird Elizabeth South Stephanie Campbell Evelyn Owens 22 The County Council met in regular session on September 15, 2009 at 7:00 p.m. at the courthouse annex. The pledge to the flag was given. GREENCASTLE TOWNSHIP BUDGET Greencastle Township Trustee, Thelma Bumgardner was present to answer any questions regarding her budget. Discussion was made on the rainy day fund. Mrs. Bumgardner stated they had just purchased a new fire truck. WASHINGTON TOWNSHIP BUDGET Washington Township Trustee, Jim Sheldon was present to answer any questions regarding his budget. Darrel Thomas asked if there were any capital projects planned. Mr. Sheldon stated they had just purchased a small brush truck and he was planning on putting in for an emergency fire loan for 2010. PUTNAM COUNTY LIBRARY BUDGET Alice Greenburg stated they are paying off their bonds this year. She stated there were no capital projects on the agenda, just maintenance. ROACHDALE LIBRARY BUDGET Debbie Keffer, Roachdale Librarian explained the office staff and the hours of operation for the library. She stated they had received $6,000 from the State to computerize and will be live on October 7th. LITTLE WALNUT CONSERVANCY Larry Parker stated Kathy Deer had spoken to him and stated their budget is lower from last year. RUSSELLVILLE TOWN BUDGET Keith Berry asked why Russellville’s budget had no amounts. Auditor Stephanie Campbell stated their budgets were not turned in on time for 2008/2009. They had to do additionals for everything. FILLMORE TOWNSHIP BUDGET Roger Deck asked why Fillmore Town had a 42.5% increase. Auditor Stephanie Campbell stated if they didn’t get things done on time they would have to do additionals as well. She stated she did not know if that was the case because they submit their paperwork to the State and not her. Keith Berry asked if we had received budgets from everyone. Auditor Stephanie Campbell stated yes. Mitchell Proctor stated he would like an explanation or reasoning for the large increase in Fillmore’s budget. JEFFERSON TOWNSHIP BUDGET Discussion was made on the large increase in Jefferson Township’s budget. Larry Parker stated Larry Salsman keeps money back sometimes. He may have pulled some money out for equipment, etc. Mitchell Proctor stated he would like an explanation or reasoning for the large increase in Jefferson Township’s budget. ANNUAL REVIEW Roger Deck made a motion to state that the Council has made their annual review of the non binding budgets with two concerns, Jefferson Township and Fillmore Town. Darrel Thomas seconded. The motion carried. PUBLIC DEFENDER Keith Berry stated he would like to explore how other counties handle their public defender positions. He has checked with Hendricks and Clay County and they contract them out. Nancy Fogle stated she went to Parke County and the Auditor there said the Judge handles the public defenders. They have four public defenders that are paid $25,000 a year with no benefits. Their budget is $110,900 total. It consists of four attorney’s salaries and the rest is used for witness fees and travel. Opal Sutherlin stated she checked with Clay County and the judges there do contracts for public defenders. Their total budget is $136,000. They have no space in the courthouse, no perks and they have no problem filling the positions. Keith Berry stated Hendricks County does things a little differently. He has a copy of the contract that they use. Mr. Berry stated he found out the same information that Mrs. Sutherlin did in Clay County. He thought they should change the way Putnam County currently handles its public defenders. He went to the Auditor’s Office and received a printout of the salaries for everyone. For four public defenders and two secretaries their budget was $194,252. He stated compared to Clay County that would be a savings of over $139,000 and they would still fulfill their constitutional obligation. Darrel Thomas stated the purpose of this meeting is for the adoption of the 2010 budget. Keith Berry stated that a decision had to be made now before the adoption. Nancy Fogle stated it was not fair to the staff if they made a decision in 2010. They needed to do it now to give individuals notice. Discussion was made on the different ways to do things. Judge Bridges stated Jackson County has a population of 42,000 with five public defenders. Washington County has a population of 28,000 with five public defenders. Judge Headley stated he did not envy the Council for the position they have. He recited the 6th Amendment to the Bill of Rights. He stated that what they were considering would be more costly and they should talk to the judges in the counties that they went to. He stated they have 1,630 cases filed for 2009. Out of that 780 cases require public defenders. They not only do criminal cases but child and juvenile also. Judge Headley stated that he is standing up for the system and his staff. Jenny Vermillion has worked there for nine years and Heather Price has worked there for five years. He stated he has competent people and the system cannot fail or it will cost more in the long run. Opal Sutherlin stated the Council was not looking at this as an elimination of jobs. They were pursuing this to try and gain space in the courthouse. The Public Defenders would not lose their job. Unfortunately with the change the two secretarial positions would no longer be necessary. The Public Defenders would be a contractual employee with no benefits. Putnam County is the only county she has heard of that offers benefits to Public Defenders. Judge Headley said the benefits were an added incentive for the Public Defenders because they needed the insurance for their families. Roger Deck stated what is being proposed is to have the Public Defender positions contracted out. Judge Headley stated he does not think they will have the savings they are expecting. He is not convinced that the system will still work. Keith Berry stated he appreciated Judge Headley coming to the meeting and his passionate plea, but they have to look at making it work for less. The Council is responsible for the county’s finances. Judge Bridges stated he thinks the system will work, just not at $30,000. He didn’t feel you the county would get qualified individuals at that salary. Keith Berry stated that hopefully the current Public Defender will still want the job. Opal Sutherlin said she hoped the Judges would work with the Council during this transitional period. Del Brewer, Senior Prosecutor stated there will be people applying for the jobs but they won’t be competent. He stated the Council would really be cutting the current Public Defenders down to $20,000 because they would have to take up the overhead for facilities, insurance, etc. Darrel Thomas stated that the original conversation had nothing to do with quality. It has to do with infrastructure. The elimination of the Public Defender positions had never been brought up by the Council. Judge Bridges stated that he would rather see the Public Defenders offices not located in the courthouse. If this does take place and there is space available, he would love to have a Majestry and the Juvenile Probation Department moved to the third floor. Mitchell Proctor thanked everyone for being professional throughout the discussion of the Public Defender offices. Darrel Thomas made a motion to approve the 2010 budget as submitted. Motion failed due to lack of second. Keith Berry made a motion to change Public Defender A & B budgets to $70,000 each for Public Defenders and $12,500 in each budget for cases that have conflicts (total of $25,000) and to reduce the Commissioners budget by $90,000 (benefits currently given to Public Defenders and secretaries). Roger Deck seconded. Elizabeth South made discussion on IC Codes. Darrel Thomas stated that he would not vote for this motion. He stated they have not done due diligence in researching this matter. He feels it would be better to do further research and if they wanted to change the process do it in 2011. He stated that he disagreed with Opal Sutherlin. He did not feel the county had a space problem. He stated that 30 days is not enough time to do this. Opal Sutherlin stated that she did not mean that space was the issue. Darrel Thomas and Mitchell Proctor opposed the motion. Larry Parker abstained but stated he has a problem with the Public Defenders receiving benefits. The motion passed with 4 in favor, 2 opposed and 1 abstained. MISCELLANEOUS Judge Bridges stated he received a letter from the State Court Association denying their request for a grant for the video court. He also informed the Council that he is currently paying $121.97 a quarter for his office copier and he will run out of office supply money before the end of the year. JAIL BUDGET Judge Bridges stated he had spoken with the Sheriff concerning his 2010 budget. The Sheriff felt the only place he could make his requested cut by the Council was the Civil Deputy position. He could not cut a jail officer. Judge Bridges felt this would be a huge problem if they lost the Civil Deputy. This was a security issue, there needed to be a deputy for the courts. He asked the Council to revisit this budget and see if there was another way to make the necessary cuts for the county. Elizabeth South stated the Putnam County Courthouse is a huge target for something to happen. She felt strongly about the matter since she has traveled to other courthouses. Discussion was made about security. Opal Sutherlin stated she would like to see the civil deputy at a desk on the first floor where everyone that comes in will see him. Judge Bridges stated that most of the time he is in the courts. Auditor Stephanie Campbell advised the Council that they had asked the Sheriff to cut “X” amount of dollars from the jail budget. The Sheriff felt the Civil Deputy position was the only place he could cut and still operate the jail. Auditor Campbell stated the Council could adjust the county general operating balance and allow the position to remain. Nancy Fogle made a motion to put $25,575 back into the Jail budget for the Civil Deputy. Keith Berry seconded. The motion carried. 2010 BUDGET Darrel Thomas made a motion to approve the 2010 budget as modified. Opal Sutherlin seconded. The motion carried. Nancy Fogle stated she would like everyone to continue research on the public defender’s office. Discussion was made on the issues with the public defender salaries and positions. COMMUNITY CORRECTIONS EFT Mitchell Proctor stated that a correction for the Community Corrections EFT needed to be approved. Keith Berry made a motion to approve. Larry Parker seconded. The motion carried. MISCELLANEOUS DISCUSSION Mitchell Proctor stated there was suggestion of impropriety because of 4 Council members being present at a precinct meeting. He stated that they all needed to be careful and cannot discuss business at a meeting. COMMITTEE UPDATES Opal Sutherlin stated the Cemetery Board had 14,000 pictures on the internet and 23,000 names. She stated that the Board also offered to give the Commissioners $1,100 for fence at the County Home Cemetery. Roger Deck stated the 911 Board met and the State has come up with a way for 911 dispatchers to get information to road deputies via computer. Mr. Deck stated that the Humane Society is short three board members. Keith Berry stated the Economic Development Board is doing well. He stated that the Shell building is still for sale and they are looking at different buildings. Mr. Berry stated that discussion was made on the traffic flow through downtown Greencastle. He informed everyone that Indiana’s Congressman will be attending their next meeting. AUDITOR’S OFFICE POSITION Stephanie Campbell stated that she would like final approval from the Council to fill a full time position in the Auditor’s Office. Keith Berry made a motion to approve. Larry Parker seconded. The motion carried. ADJOURN Darrel Thomas made the motion to adjourn. Keith Berry seconded. The motion carried. ______________________________ Mitchell Proctor, President ________________________________ Darrel Thomas, Vice President ______________________________ Keith Berry ________________________________ Opal Sutherlin _______________________________ Roger Deck ________________________________ Larry Parker _______________________________ Nancy Fogle ________________________________ Attest: Stephanie Campbell, Auditor