Thursday, February 6, 2014

Transparency Meeting

Tunicans for Transparency in Government will hold its meeting on Saturday, Feb 8, at 1 pm in the R.C. Irwin Library.  All adult residents of Tunica County and all elected officials of Tunica County are welcome to attend.  Please contact Barbara if you plan to attend.

Monday, February 3, 2014

3 Feb 2014 Stennis Salary Survey


3 Feb 2014: Board of Supervisors’ Meeting @ 5p

 

Thank you for your appointment this evening.

 

In Jun 2013 the Board of Supervisors authorized a salary survey through the Stennis Institute of Government and Community Development at Mississippi State University.  (Resolution found in Book 158 beginning on page 470)  This salary survey cost $11,000.00.

 

This survey was to be completed in time to be used in the 2013-2014 budgeting process.  The printed report is dated November 26, 2013.  Perhaps preprint information was provided to the former County Administrator.  We don’t know.  What we do know is this information was not reflected in the 2013-2014 Tunica County Budget.

 

For the work to begin on this project, the former County Administrator was to provide “a list of all Tunica County employees that includes first and last name, department, job title, current salary and length of employment with the county; and copies of any pay scales or compensation plans currently used by the county.”

 

The final report does not include the names of individual employees which makes parts of the charts difficult to use.  However, we were able to glean important facts from the dialog and the charts.

 

Here is what we found:

 

  1. Page 1: “In 2000, Stennis Institute of Government conducted Tunica County’s first salary survey, establishing compensation levels for the described jobs, and developing a wage and salary scale utilizing employment grade and steps within grades.”  Oh, really?  Then how is it that when the Transparency Committee asked for this information, including job descriptions, we were told they didn’t exist?

 

  1. Not all employees were included.  Under Administration, the former County Administrator left out: himself, Jason Lloyd and John Pickett, III.  All of the AOP and Youth Services were omitted.    We did find one entry that could possibly be attributed to a Youth Court Counselor.  We may have missed something and are open to correction.

 

  1. Page 26: “Caddo Parish, LA with a population of 254,969 has 30 more employees than Tunica County.”  Note: Caddo Parish also has casino gambling.

 

  1. Page 27: Since 2000, Tunica County salaries have doubled.

 

  1. “The Sheriff and Parks and Recreation, and Clinics account for the largest salary expenses.”

 

  1. Page 36: “As a whole the Sheriff(‘s) Department salaries exceed the state mean.”

 

  1. Page 44: “At present there are 15 positions earning less than the survey salary mean.  Deficits for these positions range from 47% to 11%.  Dollar amounts vary from -$28,408 to -$2,638.  There are 43 positions earning more than the survey mean.  Excesses for these positions range from 104% to 162%.  Dollar amounts vary from $1,616 to $40,487.  The remaining positions fall with 90% to 104% of the survey salary mean.”

 

Note: We found an error in this reporting.  In the sentences “Excesses for these positions range from 104% to 162%.  Dollar amounts vary from $1,616 to $40,487.”  This last number should be $66,143.  This figure of $66,143 corresponds with 152%.  Further comment: The Health Administrator is 162% or $40,487 over the mean for this survey.  The Physician that is paid $192,022 is 152% or $66,143 over the mean for this survey.

 

On pages 69 and 70 of the Survey there is a list of the above information and the corresponding jobs.  A copy of these pages is included with this report.


8. Page 44: “In closing, given its size and in comparison to similar counties, Tunica County appears to be overstaffed.”

 We have included with this report a copy of a presentation this Committee made to you 1 Apr 2013. The salary of the Health Administrator continues to be a problem.  This survey shows that the last Health Administrator was overpaid and now according to this survey, the current Health Administrator is overpaid.  This is a problem of this Board’s own making.  We have a resident in Tunica County who is qualified for the Health Administrator’s position but somehow, he wasn’t considered.  Please think about revisiting this situation and making the corrections.

 

As this survey shows, we are not going to gain much money by cutting hourly wages.  More money is going to be gained by cutting from the top.  Department heads need to take a look at this survey and realize that many of you are being overpaid.  Nobody likes to take a cut in pay.  We are asking that Department heads work with this Board, the Comptroller and County Administrator until we are out of the present financial fix.

Attachments:

I: The survey chart of salaries pages 69 and 70 are not on the blog.  You may get a copy from your Supervisor.




II. 
1 Apr 2013: Board of Supervisors’ Meeting @ 9a
Our Committee asked for an appointment with you today in an attempt to correct your minutes in the Public Record Book #155 on page 489 and to open a conversation with the Board of Supervisors surrounding the hiring of the CEO at the Tunica County Healthcare Authority and the possibility of hiring a Human Resource Manager.
Attached to our report are the following:
  1. A photocopy of the above referenced page.
  2. One Freedom of Information letter dated 1 Mar 2013 and addressed to the Tunica County Healthcare Authority requesting:
    1. Total number of applicants who applied for the CEO position.
    2. Total number of interviews granted for this position.
    3. Total number of applicants who both applied and are residents of Tunica County.
    4. Total number of interviews granted for applicants who also live in Tunica County.
  3. Copies of email correspondence between Dr. Osborn and myself in response to the Freedom of Information letter.
The first thing you will notice from the Public Record of your minutes is that 53 applications were received and 12 of these applicants received telephone interviews.  From the telephone interviews, three of the 12 applicants were granted face-to-face interviews.
Next, take a look at the email conversation between Dr. Osborn and myself as a result of the Freedom of Information letter our Committee sent to Tunica County Healthcare Authority.
Here is a recap of the email information:
Dr. Osborn: “In response to your request, 50 applications for the CEO position were received.  Of those 50, initial telephone interviews were conducted with 14.  In person interviews were conducted with three finalists.
There were no applications received from individuals living in Tunica County.  Therefore, no interviews were granted to individuals living in Tunica County.”
Barbara Tuchel: “Thx for your quick response.  Would you please recheck one more time about there being no application from anyone in Tunica County.  A long time Tunica County resident is saying he/she submitted an application and was not interviewed by phone or in person.”
Dr. Osborn: “Of the fifty applications submitted to me, none were residents of Tunica County.”
It is this Committee’s understanding that an application for this position was given to the County Administrator and a copy of the applicant’s resume was placed in every Supervisor’s mailbox.
What happened?
Secondly, it is our understanding that the new CEO was hired with a salary of $105K.  This amount is the approximate salary of Dr. Osborn who has been a Tunica County employee for quite some time.  When the Board of Supervisors replaced the Road Manager the difference in salaries between the former and the present was approximately $30K.  (Billy Watson was making $110K and Joe Eddie Hawkins is making $80.)  So, historically this is the pattern you have set for new hires.  Why was this position handled differently?
Using the above reporting as an example, it has become apparent that Tunica County is in need of a Human Resource Manager.  Hopefully, you will consider this position a priority and will ensure this person reports directly to the Board of Supervisors.













 









           

           

           

           

          Friday, December 20, 2013

          19 Dec 2013 BOS Meeting: Various Subjects

          19 Dec 2013: Board of Supervisors’ Meeting @ 5p

           Thank you for your appointment this evening.

          I.            Election Commission:  As this Board is aware, the Transparency Committee has attended Election Commission meetings and reported our findings to you.  At one stretch, we attended meetings for 2 years with the exception of one month during this 2 year time frame.

          Our last discussion with this Board was about Election Commission reports not being typed.  Mr. Dunn, you asked our former County Administrator to look into this problem and find a solution.  There was no follow-up to this request that was mentioned at a Board of Supervisors’ Meeting and to date; I don’t believe this has been done.

          Attached to this report is a copy of one of the reports we made before this Board.  This particular report is dated 15 Jun 2012.  This is a synopsis of some of the problems we have on this very important Commission.

          At the moment, you are discussing how to fill the vacancy for Beat 5 on our Election Commission.  Our Committee is asking you not to appoint former Commissioner, Eddie Ryals for the following reason:  When our Committee asked the Election Commissioners to follow-up on a Beat 3 resident, we supplied information for them to move forward with their own investigation so that Marietta Battle could either be removed from Tunica County’s voter rolls or allowed to remain on our voter rolls.  Mr. Ryals was the Commissioner who told us there would be no investigation as the Battles had a business in our County.  Now we are all aware that having a business in a district does not allow you to vote in said district.  Voters must register and vote where they reside.

          The time is long past and we have too many other pressing issues for us to have to deal with the residency of elected officials in this County.  Whether the problems are with the Election Commission and/or the Circuit Clerk’s office, the problems need to be fixed.  I do know this; the Transparency Committee is no longer going to bother with this Election Commission. 

          II.          Grants: Quickly on this subject: please be aware that each time you all approve a grant it is costing us money.  Yes, even if the grant is at 100%.  A case in point is the recent purchase of the four wheelers.  These pieces of equipment will cost us money in insurance and gas and employee time.  And for what?  Why do we need them?

          III.        Moonlighting: Tunica County’s policy on Moonlighting can be found on page 18 of the current Employee and book.  We’ve included a copy of that page in this report.  The handbook states what any full time employee must do to work outside his or her obligation to Tunica County.  One of these obligations is to submit a written request to the Board of Supervisors “prior” to starting another job.  We have brought this problem to the attention of the former County Administrator and we had no success.

          If this Board finds it appropriate, would you consider asking the new County Administrator to send a memo to all employees to remind them of this obligation should they wish to seek employment in addition to their job with Tunica County?

          Our search of public records can find no evidence of any letters asking for Board approval.  Attached to this report are some names we believe are working in addition to their job at Tunica County.  These names are K. C. Hamp, John Pickett, III, Glen Grant, Dr. Henry Hargrow, Eugene Bridges and Ann Johnson.

          This information is not new.  With the changes we’ve had in our government, this might be a good time to make sure all employees are treated fairly.

          IV.         Independent Audit: Where are we in this process?  Are we going to be getting a final report or a report of what has been found so far?

          V.            Budget and Claims: In May of this year, this Board approved a claim from the Sheriff’s department for $23,675.00 to pay for a 2013 Dodge Charger.  And yet, on 30 Sep 2013, there was a report to adjust the 2012-2013 Budget.  This report showed the Sheriff’s department to be $297,000.00 over budget.  This is just one example of what our Committee found in just one month of this past fiscal year.  How is this happening?

          It is concerning to hear this Board discussing not paying County obligations.  Wouldn’t it be better to pay the present claims and amend the budget to reduce the objectionable spending?  Asking for a monthly report of departmental spending is a good first step.  Please consider reducing departmental budgets to rein in spending.

          One thing is for sure, we can’t afford the new Community Center and the public really does need more of an explanation of why our County has to borrow $850K to purchase land for a private company. 
           
          Supporting information and or reports...
           
          15 Jun 2012
          I.           Election Commission:
          A.   Meetings not being posted as required by the MS Open Meetings Law.
          B.   Jun 2012: No meeting held as the Courthouse was locked and only 2 Election Commissioners showed up.  Elijah Williams and Tina Brown
          C.    There has been no transcription help offered as requested by the Board of Supervisors on 13 Apr 2012.
          D.   Final purge date is 8 Aug 2012.
          II.         Research:
          A.  “A properly maintained voter roll contains all of the names of eligible voters who have registered to vote in your county together with their correct address information, and it does not contain the name of any voter who is ineligible to vote in your county.” 
                           1.   Conclusion: If they are not meeting, they are not maintaining.
          B.  “They act as a group, through their minutes, which should be filed with the circuit clerk of the county.  
                           1.   Conclusion: Minutes are not being transcribed or filed.  These minutes are hand written and therefore are subject to change by anyone who can lay their hands on these documents.
           See MS Code 25-41-11 below.
           C.    Election commissions are also responsible for hearing and resolving disputes concerning the denial of voter registration by a circuit clerk. If the dispute is resolved in favor of the applicant, the individual is placed on the voter rolls by the election commission. This is the only time that the election commission may place a name onto a voter roll. 
                                1.    Conclusion:  If the public is unaware of when the Tunica County Election Commission meets, how can they get their problem resolved?
          D.   Circuit Clerk:
                                1.    “A circuit clerk is required to attend the regularly scheduled meetings of the election commission.”
          a.    Conclusion: This is not being done.
                                2.    “A circuit clerk must also give all assistance that he is capable of giving to the election commissioners to assist them in the revision of voter rolls.”
          a.    Conclusion: There is no computer access or printed voter roll available during the Election Commission Meetings.
                                3.   “A circuit clerk keeps copies of the minutes of the meetings of the county election commissioners. Those minutes are prepared by the election commission when official action has been taken.”
          a.    Conclusion: These minutes are handwritten and therefore subject to alteration by anyone who has access.  For the public’s protection, the Election Commission Minutes need to be transcribed and read and approved at the next Election Commission Meeting.
          25-41-11. Minutes of meetings
          (1) Minutes shall be kept of all meetings of a public body, whether in open or executive session, showing the members present and absent; the date, time and place of the meeting; an accurate recording of any final actions taken at such meeting; and a record, by individual member, of any votes taken; and any other information that the public body requests be included or reflected in the minutes.  The minutes shall be recorded within a reasonable time not to exceed thirty (30) days after recess or adjournment and shall be open to public inspection during regular business hours.
          25-41-15. Enforcement of chapter; civil penalty
          The Mississippi Ethics Commission shall have the authority to enforce the provisions of this chapter upon a complaint filed by any person.  Upon receiving a complaint, the commission shall forward a copy of the complaint to the head of the public body involved.  The public body shall have fourteen (14) days from receipt of the complaint to file a response with the commission.  After receiving the response to the complaint or, if no response is received after fourteen (14) days, the commission, in its discretion, may dismiss the complaint or proceed by setting a hearing in accordance with rules and regulations promulgated by the Ethics Commission.
          After a hearing, the Ethics Commission may order the public body to take whatever reasonable measures necessary, if any, to comply with this chapter.  If the Ethics Commission finds that a member or members of a public body has willfully and knowingly violated the provisions of this chapter, the Ethics Commission may impose a civil penalty upon the individual members of the public body found to be in violation of the provision of this chapter in a sum not to exceed Five Hundred Dollars ($500.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense, plus all reasonable expenses incurred by the person or persons in bringing the complaint to enforce this chapter.
          Other information taken from the Secretary of State’s website is listed below.  This information is found on the 2012 Election Calendar.  We may have missed some of the dates.
          10 Jan 2012: Election Commissioners meet to purge their rolls. *NOTE: This is within 90 days of an election – no systematic purging should occur at this time. (Miss. Code Ann. § 23-15-153(1)(a)).
          8 Aug 2012: Purging: Deadline to systematically remove the names of ineligible voters from the official list of eligible voters for the November 6, 2012 General Election – systematic purging must cease 90 days before an election. (42 USC 1973gg-6(c)(A))
          10 Aug 2012: Purging: Election Commissioners are required to meet to purge the poll books. (Miss. Code Ann. § 23-15-153(1)(d) (1972)) *Note – no systematic purging may occur within 90 days of an election.
          16 Nov 2012: Election Commissions: Deadline for County Election Commissions to declare results of the General Election and deliver certificates of elections to those elected. (Miss. Code Ann. § 23-15-601 (1972)) No candidate shall be certified as elected unless all required campaign finance reports have been filed. (Miss. Code Ann. § 23-15-811 (1972))
           
          Tunica County Employee Handbook: page 18
           
          6. Outside Employment or "Moonlighting"
           
          "No employee may engage in employment which could cause a conflict of interest, or use his County employment for personal gain.  Outside employment must not interfere with performance of duties for the county.  Any outside employment must have prior approval of the Board of Supervisors.  To apply for approval, you must submit a written request clearly describing the outside employment duties and hours to your department head who will send the request to the Board of Supervisors for their approval.  Your first loyalty has to be to your duties with the County."
           
          Tunicans for Transparency in Government report 5 Apr 2010 page 5
           
           
           
          C.  Beat 2:  Those of us who live in Beat 2 are still without fair representation on this Board because you will not do what is necessary and that is to vacate the seat occupied by Cedric Burnett and hold a special election to fill the Beat 2 place on this Board.
          1.    Submit a list of staff at Henderson Funeral Home.  It has been brought to our attention that the program work for each funeral is done by one of Tunica County’s Department Heads.
          2.    There is no record of requesting approval from this Board for part-time employment at Henderson Funeral Home by any of these employees.  I don’t think the people of Tunica County elected our Sheriff with the expectation of him having outside employment.  The Board of Supervisors is aware of the Moonlighting rules that are a part of The Employee Handbook and you have chosen to ignore this rule at least once in 2009.  It would be unfair to ignore this rule again.
          3.    Copy of voter registration for Beat 2 showing both Cedric Burnett and Clara Burnett’s residence as 1370 Beatline Road.  At the Budget Hearing in 2009.  Burnett said he didn’t live at 1370 Beatline Road.  The public is not so gullible as to be taken in by all the construction going on at the above address.
          MS Code: 25-1-59
          “If any state, district, county, county district, or municipal officer during the term of his office shall remove out of the state, district, county or municipality for which he was elected or appointed, such office shall thereby become vacant and the vacancy be supplied as by law directed.” 
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           

           

          Monday, August 12, 2013

          Hello Recreation Department

          And another thing....
           
          Haven’t noticed the Recreation Dept.’s weekly advertisement in the Tunica Times telling us what is going on this week at the Rec.  We are watching you too, Billy Willis.

          Hello GreenTech


          It is my understanding that the requirements stated in the MS State Economic Development documents between our state and GreenTech require GreenTech to have built their plant in Tunica County on the “Metro Mega Site” and to employ 350 employees by 31 Dec 2014.  If I am wrong about this, someone please correct me.
          Assuming this is correct information Tunica, let’s not be fooled again.  If by chance GreenTech manages to build their plant by 31 Dec 2014, they could employ 350 people on the morning of 31 Dec 2014 and lay them off on 1 Jan 2015..  We need to hold these folks feet to the fire and make sure they do the right thing by us.  We are all tired of game playing. 

          In the meantime, what can we do to help ourselves?  If you would like to be employed by GreenTech, make sure you take the required courses that have been discussed by Tunica Economic Development and our Board of Supervisors.  Show that you are willing and able to do what is required to get a good paying job. 

          What can the Board of Supervisors do to help the community?  If any of the Executive Sessions being held between you and Lyn Arnold are concerning an already approved project such as GreenTech, have your discussions in an open meeting.  Each and every time the Board enters into Executive Session with Economic Development, I personally am not trustful. 

          Let’s take the politics out of the GreenTech discussion.  There has been enough politics from both sides concerning GreenTech.  What I care about is this plant being built as promised; Tunicans getting jobs and GreenTech contributing to the economy of Tunica County, MS.  We are watching you GreenTech.  Just because we are southern does not mean we have “stupid” stamped on our foreheads.

          Friday, July 19, 2013

          Refund from Cigna

          Did you hear President Obama yesterday?  The President talked about all of the good things the Affordable Healthcare Act (Obamacare) has already accomplished for the American people. 

          One of the benefits of AHA is an annual refund to the policy holder of money the insurance company did not spend on the policy holder's healthcare.  This means that the insurance company has to spend 80% of the premium on health services or return the difference to the policy holder.  In this case, this money would be returned to Tunica County.  If money is not coming back to the County, Cigna would have to send a letter stating such and telling why.

          Last year, Tunicans for Transparency in Government asked how much money Cigna returned to the County.  The Board of Supervisors didn't know and the County Administrator indicated we did not get any money back.  So, we asked to see the letter from Cigna.  Took a bit to get it and after reading this letter and rereading the section of the AHA pertaining to this requirement, our Committee decided what was stated in the 2012 letter had nothing to do with our County.

          Later, and after a bit more work, we learned that we are in fact not self-insured.  Wonder what is going to happen this year?  Refund, no refund, song and dance.  Just saying.


          Tuesday, July 2, 2013

          Overturn Citizens United

          I have just created a petition asking Rep. Bennie Thompson to sign-on as a co-sponsor of an amendment to the Constitution that will effectively overturn the Supreme Court's decision in the Citizens United case. 

          The decision in the Citizens United case allowed the rich and foreigners to contribute money to our elections without disclosing their identities. 

          Please visit my Facebook page for the link to the petition.  If you agree, add your name to the petition.

          Thanks.