Commission Minutes

SEPTEMBER 23, 2008 49TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 10:30 a.m. pursuant to
adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present
and the following proceedings were had and made a matter of record.

GARY MORGAN
SNAPP SERVER

Gary Morgan, IS Administrator and Recorder Dixon met with the Commission to
continue the discussion regarding a failed server as previously discussed on Monday.
Mr. Morgan presented the Commission with the costs for replacing the server with a HP
at $13,968.00. Mr. Morgan noted that the HP was by far a better quote.

Commissioner Strahan made a motion that due to the emergency situation with
the amount of documents that could be lost and the time to replace that data, that the
quote from HP for $13,968.00 be approved. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

A discussion regarding placing a mirrored server to be located at the Underground
ensued.

EMAIL REQUEST

Commissioner Pennel noted that he had received a request from an employee to
send a group email advertising a CD for sale. Counselor Paulson commented that he had
answered the same email and commented that the county has a policy for email and either
it is enforced or not.

Mr. Morgan expressed his concern with the amount of band width the county will
be paying for all of those “group” emails but how do you enforce it.

Commissioner Herschend entered the meeting at 10:42 a.m.

A suggestion of getting all the department heads and elected officials together to
discuss the issue was briefly discussed.

OUTSIDE COUNSEL
CLERK NEELEY – SALARY COMMISSION

Clerk Neeley commented that until Auditor Findley came into her office and
noted that there may be an alternative way to interpret the statutes it was her intension to
certify the salaries of the incoming Commissioner at $49,000.00. Commissioner
Herschend stated that it was Commissioner’s, there are two. Clerk Neeley added that
according to Auditor Findley counties are doing it different and if you Commissioners are
alright with it, she would certify at $49,000.00 and if the incoming has a problem with it
then we will go out for a legal opinion. Commissioner Strahan stated that it is not fair, it’s
a salary commission issue, what your doing is putting it on our shoulders, and for us to
think it’s fair for us to have a raise, I don’t think that is right Ms. Neeley. Clerk Neeley
then commented that she felt the issue did need to go outside.

Counselor Paulson asked what the assessed evaluation was for the county to
determine what the Commission’s salary would be set at. Clerk Neeley noted that she
thought it was at least $51,000.00 but hadn’t checked to see if it was $53,000.00.
Counselor Paulson asked if it was at least $51,000.00 then why would you set it at
$49,000.00. Clerk Neeley noted that the Presiding Commissioner has to be $2,000.00
more than the Associates. Counselor Paulson noted that it also says that they will be set
at the same percentage and based on the assessed valuation. Counselor Paulson added
that the first thing you have to do is look at all the statutes, if they are conflicting then
you have to harmonize, if you can’t then you have to take the latest over the oldest and
the more specific over the more general. Clerk Neeley again stated that the county
needed to go out for an opinion.

Commissioner Herschend stated that for that last few years there has been a
discrepancy in the salary of the Associates versus the Presiding and the Clerk never
brought up the issue that there was a problem. Commissioner Herschend further added
that if they stand on the fact that the Presiding makes $2,000.00 more than the Associates,
then this county owes both Commissioner Strahan and myself some money. Clerk
Neeley added that you also have to add in the fact that there is no midterm raises.

Commissioner Herschend stated that the Presiding was making more than
$2,000.00. Clerk Neeley pointed out that they were harmonizing the statutes. Counselor
Paulson commented that not all the statutes were being harmonized.

Counselor Paulson added that quite frankly he didn’t care if Clerk Neeley took the
question to an outside Attorney but he didn’t see how another Attorney wouldn’t agree
with the point of view that I just described. That you harmonize the statutes the best you
can and that this Presiding shall receive $2,000.00 more than an Associate is a problem
when you have a change in the assessed valuation. As long as the change in assessed
valuation is constant then it’s real easy, but when the assessed valuation is not constant
then it creates a problem and you have to harmonize the statutes. And salaries go up with
other peoples salaries and when you don’t change those you are changing the schedules
and the percentages of increases and then violating other statutes. Commissioner
Herschend added that you are then changing the decision of the salary commission to be
at 100% of the schedule.

Counselor Paulson asked what the statute number was for the certification that the
Clerk had to give. Clerk Neeley stated that she doesn’t necessarily have one, that Auditor
Findley said as the secretary of the Salary Commission, I have to certify the salaries.
Counselor Paulson asked what Clerk Neeley thought her duties as secretary were. Clerk
Neeley stated that she was to report to the Auditor and the Chairperson the results of the
Salary Commission meeting. Counselor Paulson commented that he still didn’t
understand, do you just report what happened or do you have to set the actual numbers.
Clerk Neeley noted that Auditor Findley has stated I am to certify the actual salaries of
the individuals.

Counselor Paulson asked if this was something that a special Salary Commission
meeting would need to be called adding that he still didn’t understand what it was that
she was to certify. Clerk Neeley pointed out that by the argument that is going on here
there are two different ways this should go. Commissioner Herschend noted that there
was the Clerk’s and then there was everyone else’s and you are saying that you need a
legal opinion. Clerk Neeley stated that she wouldn’t certify it without a legal opinion.
Commissioner Herschend added that she was not required to do that by statute. Clerk
Neeley noted then that she was done, she was not going to have to worry about it and
asked Counselor Paulson to confirm that she didn’t have to certify.

Counselor Paulson again commented that he was asking under what statute did
the Clerk have to certify, and you are telling me that there is no statute. Commissioner
Strahan stated that he didn’t want to discuss the issue but did have an opinion.
Commissioner Herschend noted that for eight years the assessed value has gone up and
he hadn’t had a raise, we are working for the salary, but he didn’t think that this was
right. And now here we are going to handicap Commissioner Strahan and the new
Associate to not get 100% of the table as the Salary Commission voted. Counselor
Paulson read aloud the statutes. Commissioner Strahan noted that the interpretation of
the statute is that the Presiding makes $2,000 more than the Associates no matter what
the Associates salaries are at.

Counselor Paulson noted that the only problem is that you can’t give mid term
raises. Commissioner Pennel pointed out that over and over we have picked out the
statute where the Presiding Commissioner makes $2,000.00, but what hasn’t been
mentioned is that the Presiding is to make the same as other elected officials like the
Auditor, the Clerk and the Recorder. Commissioner Pennel asked why don’t we call a
special meeting of the Salary Commission, keeping Commissioner Strahan out of it since
it affects him, and look at the issue. Commissioner Pennel pointed out that we all know
that the Associates put in just as much work as the Presiding or the Clerk.

Counselor Paulson read statute 50.333.8 “The report of compensation shall be
certified to the clerk of the county commission for the county and shall be in substantially
the following form: The salary commission for Taney County hereby certifies that it has
met pursuant to law to establish compensation for county officers to be paid to such
officers during the next term of office for the officers affected. The salary commission
reports that there shall be (no increase in compensation) (an increase of ___ percent) (a
decrease of ___ percent) (county officer’s salaries set at ___ percent of the maximum
allowable compensation). Salaries shall be adjusted each year on the official’s year of
incumbency for any change in the last completed assessment that would affect the
maximum allowable compensation for that office.”
 Clerk Neeley commented that 50.343.1 states the Presiding Commission shall be
compensated the same as the Recorder, Clerk, Auditor, Collector, Treasurer, Assessor
and salaried Public Administrator and what I currently believe our assessed valuation
would put him at $53,000 but it is not at his term of office so he has to stay at $51,000.
And then you have subsection 2 that states the Presiding Commissioner shall receive a
salary of $2,000 more than the salary received by the Associate Commissioners. So it’s
the same statute that says the Presiding shall make the same as the Clerk also says that
the Presiding has to make $2,000 more than the Associates.

Counselor Paulson asked what the statutes state the Associate’s make. Clerk
Neeley commented that they are not on the schedule. Counselor Paulson added that if
they are not on the schedule, and the Presiding is to receive the same as the other officials
and the Associates are to make $2,000 less, then it would beg the question.
Commissioner Strahan commented that it might as well say $4,000 difference because
you are never going to match. Clerk Neeley pointed out unless the assessed valuation
stayed the same then it would catch up.

Counselor Paulson noted that what they are doing by statute is setting the
Associate Commissioners $2,000 less than what is scheduled to set others at. Auditor
Findley commented then you are going to have to look at whether those that will take
office. Counselor Paulson commented that the Presiding would go up to $53,000 but he
is not eligible to take it, which means that those coming in would be at $51,000 which is
a possible interpretation.

Commissioner Pennel asked Counselor Paulson to write an opinion and that that
is what we hang our hat on and not spend any money on it, and we will be done with it.
Clerk Neeley further asked that it be determined if she was responsible, because if she is
not responsible she is done.

Commissioner Herschend added that when we jumped from a third class to a first
class we were at $27,000.

Commissioner Herschend made a motion to adjourn for lunch. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).