Commissioner Meeting Notes, Dec 6, 2023

we the people declaration and flag

This meeting was more than interesting.   The county GOP chairman’s contempt for residents concerns with safety on a road was “unexpected.” This post at Brown County Matters

Audio of the meeting: https://independentvotersofbrowncountyin.com/wp-content/uploads/2023/12/audio-commissioner-meeting-dec-6-2023.mp3  

    • Excerpt – 7 minutes Audio https://independentvotersofbrowncountyin.com/wp-content/uploads/2023/12/excerpt-audio-commissioner-meeting-dec-6-2023_08-12-23_07-55-13-505.mp3
      • Commissioner Pittma “assumed” that Sherrie would be discussing a different ordinance so he was prepared (scripted?) to shut her down and have her removed. Sherrie was going to discuss another ordinance (building permits for small structures) and prefaced her comments with big govt/small govt policies. Included in the cast of the show was our local GoP – Mark Bowman (GoP Chair) and Clint Studabaker (BCRSD VP – we will get rid of your septic system and you will like it) were in the front row. Robyn Bowman (4th commissioner?) usually sits in the back row with her supporters. Conflicts between Sherrie and the Bowmans are legendary. Ron Sanders was the adult in the room – and tried to keep things rational.
      • Govt Meeting Policy:  Commissioner Pittman was correct in that the commissioners do not have to let anyone comment. They can choose to allow a citizen to ask questions, be placed on the agenda, and they can limit time. – Options that the local GoP via the commissioners, tried to institute last fall. I challenged the policy when they were discussing funding for the BCRSD and would have welcomed being escorted from the room. Jerry allowed me to speak and they abandoned the formal policy. Jerry has invited anyone with a question to ask it – raise your hand, be acknowledged, go to the podium, state your name, and ask away. And, you can also ask to be placed on the agenda – sometimes at the last minute depending on the issue. This meeting was an “outlier.”

Agenda Comm Mtg Dec 6, 2023

  • First Amendment Rights – ACLU?  Audio: 57:58 and 1:22.  A county citizen(Sherrie Mitchell) asked to be on the agenda to discuss an ordinance-related issue.  She wanted to make the case that the county square foot requirement  (per an existing ordinance) for requiring a building permit for a new structure be increased.  Commissioner Pittman assumed she wanted to discuss a different ordinance.  He directed the Sheriff to remove her from the meeting.  Following the meeting, Mrs. Mitchell filed a complaint with the ACLU alleging a violation of her First Amendment rights.
  • County GOP Chairman contempt for a resident.  Audio 1:05.  A resident on Cottonwood Road shared her experience,  frustration, and requests in trying to resolve safety issues with the road and submitted a petition from the other residents asking for a range of improvements that include gravel, ditching, a guardrail, and paving.   I was not the only one that heard the Chairman of the local GOP, Mark Bowman, refer to her as a “bitch.”   (Note: The highway superintendent is Mike Magnor who is also a GOP precinct chair.)
  • Indiana Hill Railroad Crossing. Audio: 46:25. and 1:26.  Scott Rudd provided an update.  The target date for re-opening is May 1, 2023. Commissioners Pittman and Wolpert were not aware that INDOT reportedly has the money needed to make the necessary changes.   My comments on the funding issue were provided at the end of the meeting.  It was thought that grants or other fundraising efforts would be needed.  Background Info on the Indian Hill RR Crossing
  • Commissioner Staffing -Re-Org.  Audio 14:31 Commissioner Pittman and Wolpert want to defund the HR director position that the council and commissioners approved last fall.  They signed an undated memo to this effect and distributed it to council members.  However, there was not  a vote on this decision at a commissioner meeting.  The rather absurd justification for the defunding is that the HR director has no direct reports.   Commissioner Sanders contacted the county consultants to confirm that the requirement for direct reports was bogus.

Background on Staffing Issues. Last fall, the commissioners, council, and auditor decided that a full-time commissioner assistant (a position held by Melissa Stinson) was not needed. They determined that the position should be replaced with a full-time HR Director. They also decided to fund a part-time commissioner receptionist/clerical position.

Last fall, Melissa Stinson accepted a new and higher-paying position with Monroe County. This year, she decided to return to the county as a contractor supporting the development of the commissioner’s budget.  Commissioner Pittman and Wolpert agreed to create a new full-time commissioner assistant position and to de-fund the part-time position. Melissa was selected for the position.

Commissioner Pittman and Wolpert then decided to defund the HR Director Position and modify the position description for Melisss Stinson (commissioner assistant) and add another full-time position for the commissioner’s office to assist Melissa. At today’s meeting, they just introduced the new position description for the additional position that included references to the requirements to coordinate with the HR Director.  Appears Commissioner Sanders was the only commissioner who actually read the position description and asked questions.  The decision to approve the position was postponed pending clarification of the position requirements.

Does it get any more “interesting”?  We’ll see. The county council has to approve funding for the staffing-related changes. The council has a working session meeting scheduled for Dec 7, 2023, from 6:00-7:30. Their regular meeting is scheduled for Dec 18, 2023, starting at 6:30.

Justification?  Note that I have yet to see any documentation or credible analysis that justifies the elimination of the HR Director position and the addition of the two new positions for the commissioner’s office.

Contempt for Voters. In America, We the People are “top management.” Elected officials are “employees.”  In the case of “commissioner staffing”, we have “employees” who want to spend more money and refuse to make the case to top management that the changes and additional funding are needed.  Why do Brown County voters tolerate this behavior?

2024 ROI READI Grant Funding 2.0

READI LOGO 2024

Nov 27, 2023. This post at Brown County Matters. (Received copies of the slides).

Background Info – READI Grant Funding- Round 1.0 – 2021/22

Nov 9, 2023. An information session on Round 2 of a Regional Opportunity Initiative (ROI)  referred to as READI, was hosted by the Community Foundation on Nov 9, 2023, from 9-11.

Eligible project activities are limited to capital projects or infrastructure improvements.   Matching Requirements: Attracting private investment is a major goal of the READI 2.0 program. ” Regions should attract a minimum 4:1 match at a regional level across their portfolio of projects. • This includes a required 1:1 match from local public funding and 3:1 match from private and philanthropic sources. • At least 60% of the match should be from private sources.”

The fact that the Brown County Community Foundation (BCCF) is serving as a coordinator/facilitator of this process is interesting and problematic.

The county commissioners (elected officials) are responsible for the County Comprehensive Plan (CCP). The CCP (should) represent the voice of the citizens as to what they want and do not want in terms of quality of life and economic development.Brown County’s CCP is only 11 pages and deliberately vague. This allows just about any individual or special interest group with the right connections, to determine what they think is best for the county in terms of state and county funding. A solution is to present a proposed change as an addendum to the CCP. Approved changes would require public meetings and a vote by commissioners.

On the first round of projects, Brown County received funding for areas that included childcare, workforce development, and wastewater (WW) strategic planning. The WW strategic plan was developed at the request of the Brown County Regional Sewer District (BCRSD) and approved without any input from citizens. Further, the “county” WW strategic plan was “not” presented at any public meetings. It was used to justify funding for the expansion of sewers with “phase one” including an area ranging from Lake Lemon to Helmsburg, Bean Blossom, to Woodland Lake. The Indiana Finance Authority (IFA) has/will approve one or more projects based on this strategy. See Clean Water (CW) Project Priority List – Small Systems.

Background information:

Personnel Policy – Gifts and Gratuities

policy guidelines et al2022 Brown County Employee Handbook 

Nov 22, 2023. Post at Brown County Matters

County of Monroe, Indiana Personnel Policy Handbook REVISED AND APPROVED March 2, 2022

Section 9.3  GIFTS OR GRATUITIES Elected officials and employees are prohibited from accepting gifts, favors or gratuities offered by persons or entities doing business or requesting to do business with Monroe County that exceed One Hundred Dollars ($100.00) in value. Employees must also comply with Monroe County Code Chapter 296, which sets an annual, cumulative cap on the total dollar amount of gifts an employee may receive.

CHAPTER 296 Monroe County Code of Ethics 1617383731_48365 

2023 Indiana County Commissioners Conference – Nov 28 – 30, Sheraton Indianapolis Hotel | Keystone Crossing

    • Unsolicited gifts, favors, services, entertainment, food, or drinks of nominal value (for purposes of this provision, nominal value shall be an amount less than $100.01; the total value of nominal gifts is limited to $300.00 per year per officer, employee, or agent).

Example of the “Perks”

Contractor Gifts

Election Integrity: Paper Ballots vs Voting Machines

Nov 2023. The Election Board is reconsidering the decision from a previous board to use paper ballots as opposed to voting machines. The process used in 2019 to support the decision for paper ballots served as an excellent example of effective decision-making.
Statutes were reviewed, requirements were identified, numerous public meetings were held, options were presented along with their respective pros and cons, and decision criteria were developed and used to rate and rank the options. Paper Ballots were the more secure and less expensive option.
Sherrie Frank of the League of Women Voters, shared the history of the issue in her Letter in the Democrat, Nov 15, 2024 edition.  LoWV Position History Machines vs Paper (3)

County Council Meeting Notes, Nov 20, 2023

County Council Meeting Notes, Nov 20, 2023.

Agenda County Council Meeting November 20, 2023 (rev2)

Audio of the Meeting

Budget Advisor. The council voted to contract with a new budget advisor – Financial Solutions Group (FSG). The meeting was preceded by a 30-minute Q&A followed by a presentation for the public at the start of the meeting.  The company offers an improved process for developing and managing our budget and improving collaboration between the council, commissioners, and auditor. Services are to include a 3-year budget, monthly budget meetings, beginning the next year’s budget in January, and tracking the status of desired fund balances.  The commissioners were also present at the Q&A session and will also need to vote on selecting a new advisor.

A summary of the state of the county’s budget processes and some key points of the presentation by FSG was provided in a previous post. See Working Session Meeting Notes – Commissioners and Council, Nov 9, 2023

Legal Services. The council will be selecting an attorney to provide legal guidance with the intent to improve operations.  Services include a statute review of the specific roles and responsibilities of the council, guidance on improving the quality of meetings, and more specific guidance on the roles and responsibilities of the council president.

Excess Funds. When the county was struggling to identify the needed funding for the courthouse addition and to address other budget shortfalls, the county’s current budget advisor identified that $877,664.82 was available to cover expenses. The funds were incorrectly assigned to the wrong account.  A discovery like this was identified by a previous auditor who identified around 700K as incorrectly recorded.

A better process for developing and managing the budget is a critical need. Improved guidance for supporting improvements in council operations is another critical need that may establish the needed foundation for continuous and sustained improvement.

Commissioner Meeting Notes, Nov 15, 2023, 6:00 pm – 6:45

we the people declaration and flag

Commissioner Meeting Notes, Nov 15, 2023, 6:00 pm – 6:45

This post at Brown County Matters

Agenda Comm Mtg Nov 15, 2023

Audio

Absent. Commissioner Wolpert was not able to attend.

Defund HR Position – Commissioner Office Re-Org.  Not on the agenda was the needed vote to defund the HR position and incorporate responsibilities into two other positions. Commissioners Pittman and Wolpert decided that the position was not needed and authorized a contractor to develop new position descriptions.  This decision was made outside of a required public meeting.  The council vote on Monday on this issue was scheduled for their meeting on Nov 20, 2023.

Background Information on the topic:

New Position Descriptions: Commissioner Sanders stated he was not included in the discussions regarding the re-org and shared copies of these proposed position descriptions.

Continue reading Commissioner Meeting Notes, Nov 15, 2023, 6:00 pm – 6:45

Working Session Meeting Notes – Commissioners and Council, Nov 9, 2023

assessment wordl

Post #1. Working Session Notes – Council and Commissioners, Nov 10, 2023, 9 am to 3 pm.

The purpose of the working session meeting was to identify ways of operating more efficiently and effectively and improve collaboration.

Many of the issues were pretty common – communication is usually always number 1. Although elected officials (commissioners, council) are “part-time,” some issues/areas can require more of a full-time commitment.

Given the diversity in experience, skills, and availability of time, task organization and a communication plan are important tools to keep everyone updated on the status of various individual and group goals and initiatives.

Systemic Challenge. A significant challenge is the county government’s learning curve. I’m not aware of any training that helps those new to county/state government understand the core functions of county government which would include application of relevant statutes, policies, regulations, etc.  With the exception of a few areas such as accounting, the state takes a hand-off approach to government operations at the county level.  Lack of local SOPs and appreciation for managing internal controls to prevent waste, fraud, abuse, and mismanagement adds to the “challenges.”

Prevention of problems. An internal control can be captured on a checklist – you look at the service to be performed and then identify those things that if not done, lead to a failure.   All our county offices have a governing statute and policy of what must be done and when. I would say that many complaints about a policy or a practice are due to a lack of an internal control and knowledge of this control.   The controversies with the new positions is a case in point.

Cronyism. As if there are not enough challenges, then you add in cronyism and personal agendas and you can have quite the circus. Throw in an elected official who does not believe the decisions of commissioners should be challenged by county employees and other citizens, and you have quite the circus – popcorn anyone?

2024 May Primary.  The winners in the primary generally win in November. There will be two commissioner positions (likely new candidates) and three council seats on the ballot. Further, there are 11 Precinct Chairs that vote on party leadership in March following the Nov election.    With the new position management policy, newly elected officials can lead to a new round of decisions related to the need to eliminate or create positions – won’t this be interesting.

Contractors. Because of the systemic gap in knowledge, competencies, and resources, the county is reliant on contractors for financial-related support.   This past year has identified systemic weaknesses in financial management and collaboration that identify the critical need for improvements in accounting, reporting, and budget management.

Legacy Practices and Spending.  Past practice in the county was for the commissioner’s office to identify spending priorities and too often without looking at the total/longer-term costs. The council too often, rubber-stamped their decisions. This has finally been recognized as being unsustainable.

Financial Management. A presentation was made by the CEO of FSG Group. As an exhibit, he provided a copy of a series of reports from another county that actually demonstrated the quality of services and information his company could provide. He also suggested “monthly” meetings (Council, Commissioners, Auditor) to review the plan and budget and start on the next year’s budget beginning in January.   The reports he provided included 10 years of data, and he had answers to questions that I have not been able to get elsewhere. Information also included comparative data from other counties. And, his cost was much less than what we had paid for in the previous “Comprehensive Financial Plans.”  I had never seen this plan referenced in a council or commissioner meeting and it has not been perceived as useful. The next step is to have him repeat his presentation at the next council meeting. This system appears to have the potential to help elected officials (and interested citizens) overcome the learning curve in the area of financial and budget management.  The presentation, Q&A, and any needed follow-up provide the opportunity for elected officials to determine if this system is value-added. If not, interview additional vendors.

Budgeting – what has been happening?  In contrast to working a year in advance, we start on the next year’s budget in July and August, underestimate revenue and expenses to “balance the budget”, jump through hoops in Sept and Oct,  and then fight fires throughout the budget year. There is no target and commitment for “savings” (fund balances). This recurring process has reduced our reserves and has raised concerns that continuation of the practice may require borrowing money to pay the monthly bills. This would meet the definition of a “Crisis” leading to a situation where the proverbial peasants with pitchforks storm the castle.

Good news. The changes this year in elected leadership from the November elections and financial demands raised awareness of the critical need for better Information that can be supported through improvements in collaboration, systems, processes, and procedures.

Other News – Position Descriptions. It was also learned this year that the commissioners, not the council, are responsible for position descriptions. The council retains responsibility for determining the pay grade and available funding (a good thing).  This change led to the belief that the commissioners could cut positions and create new ones without providing any documentation that identifies the method they applied to support their assessment. Without this level of transparency, perceptions of favoritism,  waste, fraud, abuse, and mismanagement can be pervasive. This new practice has led to divisiveness and low morale among the workforce. The attitude of an elected official that commissioners’ decisions should “not” be challenged by the county employees and citizens has added fuel to the fire.

Note there are standard methods in government for conducting a workload analysis and efficiency study.

Checks and Needed Balances on Power.  As I understand it, the council has the ability to put out the position management fire and prevent the likelihood of long-term harm. They have until the end of December to approve the proposed salary ordinance that includes all the positions and their funding levels.  In the commissioner’s office, they can contract for support, instead of adding two new position (s). This will allow for a “pause” until the need for new positions has been validated through proven and transparent methods.

To prevent a “pause” from happening, commissioners can take action to justify the proposed solutions (eliminate the HR Director and part-time receptionist/clerk and replace them with two full-time positions).  The supporting analysis should clearly identify the roles and responsibilities of all three commissioners to include their respective areas of responsibility. The need for a new commissioner assistant was not identified until an interim commissioner was elected by 7 of 11 (R) precinct chairs.

Council and Pay Grades. Note on determining a pay grade, at the state level, there exists a classification method that includes assessing the skills, knowledge, and abilities that are required for the tasks to be performed. Market data is then used to identify the salary range.

The council is responsible for determining the salary to be paid based on the budget and can contract for the classification. This will help ensure that decisions are not influenced by favoritism. At the federal level, laws require a salary study to be periodically conducted that usually identifies the need for higher salaries compared to what is being paid in the private sector. Congress usually declines to pay higher salaries because of budget constraints.

Vision and Mission? The council is considering developing a vision/mission statement. A simple process is to identify your stakeholders, their needs, what you will provide (outputs), what they expect (outcomes), and the feedback stakeholders will use to assess results. The mission statement focuses on outputs; the expectations support the vision – outcomes.

Commissioner Meeting Notes – Part 1, Nov 6, 2023, Resignations Warranted?

we the people declaration and flag

PART 1 ” – The audio. Of interest would be at the 59:40 mark. I’ve lost count of the number of county meetings I have attended – it may not get any WORSE than this.

This post at Brown County Matters.

Pretty confusing but as I understand it, the interim commissioner Blake Wolpert (at the likely urging of the GOP leadership represented at the meeting by Robyn Rosenberg Bowman), proposed downgrading the HR Director position held by Laura Wert to that of a coordinator reporting to the new “commissioner assistant” at less pay without any discussion or approval by all of the commissioners.  Wolpert and the GOP leadership advocated for this new “commissioner assistant” position that the council and commissioners agreed to last fall, was not needed.

Defunding of HR – Letter signed by Pittman, Wolpert, and Reeves.

Hostile Work Environment?  Imagine being a county employee and first learning that your position was unfunded and being eliminated at a public meeting.   I think this may qualify as creating conditions leading to a hostile work environment putting the county at risk of a lawsuit. A situation that most citizens might likely determine is warranted to include demanding the resignation of Interim Commissioner Woklpert.

    • The value of legal action is discovery and depositions. Depositions involve questioning under oath,  the individuals that have been involved in the decisions and supporting actions.  And, the county can choose to “weaponize” the legal process that includes actions with the intent to add costs and delays.   This may inspire citizens to help fund the legal costs.  Maybe a good issue leading to the 2024 primaries.

Not so Fast. Commissioner Ron Sanders immediately challenged the proposal and process. Sanders was not the preferred candidate of the local GOP regime and is excluded from many meetings where decisions are being made in possible violation of Indiana open meeting laws.  The HR director (Laura Wert) whose position was proposed to be eliminated, also ran afoul of the local GOP by running (without support from the local GOP) as an unsuccessful independent candidate for clerk.  When she was selected for the HR Director position, she may have become a target for removal. Welcome to small-town politics and likely corruption.

Not True.  Commissioner Pittman and Wolpert stated that the HR Director position was defunded by the County Council. This was NOT TRUE,  possibly made with the intent to influence the vote supporting the revised position.   President of the Commissioners,  Jerry Pittman, chose not to call for a formal vote.

DRAFTs Position Descriptions.  Commissioner Pittman stated that employees were not entitled to see proposed position descriptions until after they had been approved. Drafts of the proposed and revised commissioner assistant position was distributed to employees.  More clarity needed on this issue.

Request for Information (RFI).  I informed the commissioner that I would be submitting a formal request for information regarding this decision.  This includes requesting copies of all emails, phone calls, and text messages with individuals related to this decision to include copies of all the drafts or the proposed position descriptions.

A  suggestion to commsioners?   Stand down and apologize. Interim Commissioner Wolpert should immediately resign. This may mitigate legal risk and will provide the 11 Republican Precinct Committee Chairs a second chance to get it right.

Round 2- 2024 School Referendum

vote yes or noUpdated Mar 19, 2024 

 Indiana_Education_Funding_Explained – 13 pages. Written and Compiled by the House Republican Policy and Ways & Means Staff.

A proposed referendum by the Brown County Schools was rejected by the voters in the 2022 “General” Election in November.  The School Board has approved a new referendum for the May “Primary” ballot.  The ballot question has to be accepted by the County Election Board.  Early voting begins on April 9, 2024.

Mar 19, 2024.  Brown County Democrat. Forum will explore school referendum, by Dakota Bruton, BCD

Mar 14, 2024. Brown County Matters – follow-up post on the tax issue from a proponent of the referendum, school’s response ….

Mar 14, 202. Brown County Matters.  Taxes.  The discussion between the school board member Amy Huffman Oliver and the public on the issue regarding the amount of taxes citizens and proposed increase.

Brown County Schools Website – They currently have a pop-up that includes a tax calculator:   (Note: I’ve contacted Mar 12) the auditor for confirmation).

A little history – A Letter I wrote in 2016 regarding the first referendum in response to a letter written by David Shaffer – then School superintendent.  The reference to declining enrollments and affordable housing led me to volunteer at the Redevelopment Commissioner (RDC). Students from IU/SPEA -Masters Public Administration (MPA) program published two research projects on our economic base which impacts enrollment and affordability.

    •  (1) The school funding formula from the state is inadequate; (2) Maintaining current quality standards and expanding and enhancing programs at projected budget levels is not possible without new funding from the local taxpayers; (3) School funding is linked to enrollment and enrollment has been declining; and (4) Declining enrollment is likely due to the lack of affordable available housing and competitive-paying jobs that attract young families.

March 23, 2024. Received the notice today March 11, 2024). The Community Conversation-School Referendum 3-23-24

Mar 12, 2024.   Shared post at Brown County Matters from Sherrie Mitchell –  schools are receiving 57% of property tax. The supporting documentation:

Mar 12, 2024. How would referendum affect taxes by Amy Oliver Huffman, Brown County Democrat

March 12, 2024. 2:00 p.m. Election Board Meeting. School Referendum – Process. Does the Election Board have the responsibility to make the final decision on allowing the referendum question on the May Primary Ballot?  This question posted at Brown County Matters.

Mar 5, 2024. Enrollment decline impacts finances, Amy Huffman Oliver, School Board member, Brown County Democrat.

    • Since 2018, we have had declining student enrollment in Brown County Schools.”

Feb 28, 2024. Feb 28, 2024, School trustee answers referendum questions by Amy Huffman Oliver Brown County Democrat Continue reading Round 2- 2024 School Referendum

2024 Health Insurance Plan and Costs – Estimated vs Actual

Validating Actual vs Projected Costs.  The actual costs (vice what was briefed) need to come from the accounting system.

Coverage.   Why is the health insurance benefit available for part-time employees, e.g., councilmen and commissioners?

Oct 24, 2023. Health Insurance Options.   Are plans available from the Affordable Care Act a more cost-effective option?  Eliminate the county-provided health insurance benefit, and increase salaries to cover the cost of employees selecting their own plans.

    • What is being provided by the other 92 counties in Indiana?

Oct 18, 2023.  County Commissioner Meeting Notes – Oct 18, 2023.  (includes audio). All three commissioners were present – Sanders, Pittman, Wolpert (1).   Local GOP leadership – Robyn Rosenberg Bowman also present.  (1) Wolpert received 7 of the 11 votes by GOP precinct chairs to fill the vacancy left by Chuck Braden.

There were several handouts (a good thing) including projections on costs (see below).  Little time was spent reviewing the handouts to gain an understanding of all the costs, options, and risks.

I reviewed the information presented and developed the attached spreadsheet.    “Appears”s the projected total cost to the county per employee is $17K.  This does not include fixed costs (I assume this includes administrative-related costs).

Also, the self-insured option at 17K does not include any additional costs as a result of the risk of the county being self-insured.  If there is anyone that has serious medical issues, costs to the county can increase.

I have shared the spreadsheet with county officials for their feedback.

The So What?  The government’s cost of defined plans available to State employees runs about 20K per employee. It has been stated that the defined benefit plans were twice as expensive to the county – this does not appear to be the case any longer.

See defined benefit plans, Indiana State Personnel Department – Health Plan Rates at: https://www.in.gov/spd/benefits/plan-rates/

2024 Health Insurance Plans and Costs – Employee and Employer – Handouts 

March 2020 – Councilman Jim Kemp. The estimated deficit projected for June at over 1 million dollars <-1, 350,145.00>   Kemp completed an analysis on the state of the Health Fund. The recent changes to the benefit package prevented the deficit from being even higher. PDF – Kemp health fund deficit