[Call To Order ]
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>> I WILL THINK EVERYONE THEIR TIME TO BE HERE.
I DON'T HAVE AGENDA BEFORE ME BUT I WOULD LIKE TO CALL OUR SPECIAL MEETING TO ORDER. THANK YOU.
RIGHT ON THE MONEY. DOCTOR, WILL YOU PLEASE CALL THE WORLD.
SATURDAY HE WAS GOING TO BE OUT OF TOWN AND HE LDN'T MAKE IT.
I THANK YOU FOR BEING HERE AND I KNOW THIS IS IS SHORT NOTICE WE ARE TRYING TO WORK THIS IN AN EXPEDITIOUS MANNER AND I
[1. Discussion and possible action to create the Hays County Salary Grievance Committee for the remainder of the fiscal year Pursuant to Chapter 152 of the Local Government Code. BECERRA ]
THINK EVERYONE INVOLVED FOR THE QUICK TURNAROUND TIME AND MY HOPE IS WE ARE OUT OF HERE IN 10 OR 15 MINUTES.WILL YOU PLEASE OPEN AGENDA ITEM NUMBER 11.
>> HAYS OUNTY SALARY GRIEVANCE COMMITTEE FOR THE REMAINDER OF THE FISCAL YEAR PURSUANT TO CHAPTER 152 OF THE LOCAL
GOVERNMENT CODE. >> THANK YOU.
MOTION AND A SECOND. I WILL RECAP TO YOU WHAT I HAVE BEEN TOLD AND HOW IT'S UNFOLDED AND I WILL ASK MR. KENNEDY TO CHECK IT. SO AS YOU RECALL, WE CREATED A LIST. HE PULLED FROM A LIST OF JURY FOLKS. WE PULLED NAMES, AND THEY WERE TO -- WE NEED A BUDDY OF MINE TO CREATE THIS GRIEVANCE COMMITTEE. AND WE MISSED IT BY JUST 1.
THEY KEPT MOVING. AND I GET AND I UNDERSTAND EVERYONE IS BUSY. SO WE ARE MEETING HERE TODAY TO DRAW A BIGGER POOL OF NEEDS AS AN OPTION.
SO THAT WE COULD DO THIS AND BE DONE WITH IT ONCE AND FOR ALL.
AND WE STILL BECAUSE WE ARE HERE WE ALSO HAVE THE OPTION PER STATUTE TO REVISIT THE ACTUAL BODY.E HAVE IT AS NINE VOLUNTEERS, BUT WE CAN ALSO WE THEN ELECTRIC OFFICIALS. MR. KENNY?
>> SO THE STATUE SAYS THAT THE COMMITTEE SHALL BE SELECTED NOT LATER THAN THE 15TH DAY AFTER THE DATE WE RECEIVE A REQUEST FOR A HEARING OF THE COMMITTEE. THE DATE WE RECEIVED -- THE FIRST REQUEST WHICH WAS CONSTABLE PETERSON WAS THE FIRST SO TODAY IS DAY 13'S WE ARE STILL WITHIN THAT WINDOW.
THERE WAS ANOTHER WINDOW OF TIME REFERENCED IN THE STATUE WHICH IS A TIGHTER WINDOW THAT SAYS THE GRIEVANCE COMMITTEE SHALL MEET EITHER 10 DAYS AFTER THE FIRST GRIEVANCE IS FILED AND WE WERE ATTEMPTING TO MEET THAT TIMELINE AS WELL AND I THOUGHT WE MIGHT HAVE A COMMITTEE FORMED THEN AND WE DIDN'T AND PART OF THAT AGGRAVATION WAS NEVER MANAGED TO GET A HIGH ENOUGH NUMBER TO HAVE ANY ALTERNATES.
SO WE DID NOT MEET THAT, BUT THERE WAS AN ALTERNATIVE THAT SAID WITHIN 10 DAYS AFTER THE COMMITTEE HAS FORMED BY THE COURTS. THAT'S SORT OF THE WINDOW WE ARE IN NOW, HOPEFULLY. THE NAMES THAT THE COURT DRAWS TODAY, WHICH I BELIEVE WE HAVE ANOTHER 30 TO DRAW IN ORDER AND THEY WILL BE CALLED IN THE ORDER.
HOPEFULLY THE COMMITTEE CAN LIST ALTERNATES BECAUSE I THINK WE HAVE ENOUGH NUMBER NOW AND I BELIEVE THE PERSPECTIVE TIME FOR THEM TO MEET IS MONDAY AFTERNOON.
>> THAT'S EXACTLY RIGHT. >> AND THE REASON THAT'S IMPORTANT IS BECAUSE THE COURT IS GOING TO TAKE ACTION ON TUESDAY -- LAST ACTION ON BUDGET AND TAX RATE, ET CETERA SO IT WILL BE IMPORTANT ENOUGH TO KNOW WHAT THE COMMITTEE'S UNANIMOUS DECISION, WHICH WOULD BE A MANDATE ON THE COURT, OR ITS SUPER MAJORITY VOTE WHICH WILL BE A RECOMMENDATION TO THE COURT. WE WILL KNOW BY THEN WHAT THEY
HAVE TO SAY. >> ANY QUESTIONS,
COMMISSIONERS, SO FAR? >> OKAY, DOCTOR, BEFORE WE DRAW THE NAMES, I ALSO WHAT DID YOU TALK A BIT, JUST SO WE HAVE NO MORE HANGUPS, ABOUT PROCESS. WOULD YOU LIKE TO, IN AS
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EFFICIENT A WAY AS POSSIBLE, WHAT YOUR EXPERIENCE HAS BEENAND WHAT WE HOPE FOR. >> I CERTAINLY HAVE RECOMMENDATIONS FOR THE NEXT TIME WE DO THIS IN THE FUTURE.
ONE IS CERTAINLY THAT WE PULL A LARGE ENOUGH POOL THAT WE CAN GET ENOUGH BECAUSE WE GOT BARELY 9 OUT OF THE 30 NAMES WE DREW AND THAT WAS DUE TO SOME OF THE NAMES -- ADDRESSES BEING BAD OR PHONE NUMBERS OR PEOPLE MOVING AWAY.
SOME OF THE PEOPLE ARE ALREADY ON A GRAND JURY AND SAID THEY COULD NOT DO BOTH. WE WERE GIVEN THE CURRENT GRAND JURY BY ERROR. OTHER THAN THAT WHAT I KNOW FROM MY YEARS OF POLLING IS PEOPLE ARE NOT ANSWERING THEIR PHONES NOWADAYS. SO WE DID ASK THIS TIME FOR EMAIL ADDRESSES AS WELL.O I THINK THAT WILL HELP IN THE FUTURE. BUT THE OTHER THING IS IT WOULD JUST BE REALLY HELPFUL IF THE COURT CAN MAKE A DECISION MOVING FORWARD ABOUT WHO WOULD ACTUALLY BE IN CHARGE OF THIS BECAUSE MY STAFF, WE ARE HAPPY TO DO WHATEVER WE CAN TO SUPPORT THE COURT IN THE PUBLIC, BUT IT WASN'T CLEAR THAT WE MIHT NEED TO GO BEYOND JUST DRAWING THE NAMES.
AND POSSIBLY CONTACTING PEOPLE, BUT THERE'S MORE TO IT THAN THAT. WE HAVE TO PUT PUBLIC NOTICE OF A MEETING AND SCHEDULE IT AND COORDINATE SCHEDULES.
SO I WOULD SUGGEST THAT WE DETERMINE FOR THE FUTURE, REALLY, WHO HAS PRIMARY RESPONSIBILITY FOR THE TASK BECAUSE THEN WE CAN BE SURE THAT NOTHING IS LEFT OUT OR
OVERLOOKED. >> THAT IS A VERY VALID POINT.
AND THAT WAS PART OF SOME OF THOSE COMMUNICATIONS, AND THAT WAS QUITE A BIT OF COMMUNICATION THAT I WAS A PART OF. SO I CAN ONLY IMAGINE WHAT THE FULL SCALE OF IT WAS, AND SO FOR THAT, AS THE COURT, I APOLOGIZE THAT WE WERE NOT CLEAR ON THAT FRONT AND I BELIEVE THE INTENTION IS, IF I'M NOT MISTAKEN, THE COUNTY CLERK'S OFFICE HANDLED THIS COMPLETELY.
IS THAT RIGHT, COMMISSIONERS? >> THAT'S HOW IT WAS DONE.
>> THAT WAY, IT WILL BE CLEAR -- THAT WAY, WE CAN BE CLEAR OF -- AND I APPRECIATE YOU SAYING THAT.
WE HAVE NO PROLEM DOING IT BUT TO HAVE A CLEAR DIRECTION FROM A SPIRIT AND SO I THANK YOU FOR ASKING FOR THAT CLARIFICATION BUT LOCK, STOCK AND BARREL, COUNTY CLERK'S OFFICE TO EXECUTE THAT WITH THIS ONE AS WELL AND ANY IN THE FUTURE.
SO THANK YOU. IF THERE ARE NO OTHER COMMENTS,
MR. KENNEDY? >> JUDGE, AND I KNOW WE DEVIATED FROM THIS SLIGHTLY LAST TIME, BUT IT SAYS THE COUNTY JUDGE SHALL DRAW AT RANDOM THE NUMBER OF SLIPS NEEDED. SO I SUPPOSE WE SHOULD STICK STRICTLY TO THE STATUTE, AND I'M HAPPY TO GO UP AND HOLD IT
>> I'M SORRY I FORGOT MY HAT TODAY
>> I WILL DRAW ALL 30 AND THEN YOU CAN TAKE THEM BACK
>> YOU HAVE TO READ THEM OUT LOUD
>> I HAVE TO READ THEM? >> OR ARE YOU CAN HAND THEM TO
ROXANNE >> THERE'S GOT TO BE FINE PRINT ON THOSE PIECES. I WILL PULL THEMOFF AND HAND
THEM TO YOU >> WE ARE SUPPOSED TO NUMBER
SO HERE WE GO. I'M NOT GOING TO TRY TO READ THAT. HERE IS NUMBER ONE.
>> YOU HAVE SUCH A GREAT VOICE. >> I HAVE MY FAVORITE MEETING VOICE IN HERE AFTER THE DOCTOR, OF COURSE.
(NAMES CALLED) (NAMES CALLED) >> YOU CAN HAVE THE OPTION.
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(NAMES CALLED)>> I THINK WE DID ALL OF THIS SEPTEMBER 4.
>> HOW ABOUT THAT. SMALL WORLD.
>> WE ARE HALFWAY THERE, FOLKS.
(NAMES CALLED) >> SO THESE WILL BE GIVEN TO YOUR OFFICE AND COORDINATED FOR A MONDAY MEETING HERE
>> MONDAY AT 4:30 P.M. FOR PEOPLE THAT ARE GOING TO WORK.
>> PERFECT TIMING. I LOVE CONSIDERING FOLKS THAT WORK. MONDAY AT 4:30 YOU WILL GET A CALL. MY SINCEREST HOPE IS IF YOU'RE WATCHING OR FORGET TO DIAL IN LATER AND SEE THIS LATER THAT THIS IS A NECESSITY FOR US AND WE ARE GOING TO BE LIKED ONLY USE AND WE HOPE TO TAKE ABOUT AN HOUR.
IT COULD BE UP TO 2 HOURS. WE WANT TO BE AS EFFICIENT AS POSSIBLE SO DO YOUR PART AND HELP US OUT.
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SHOW UP AND WE WILL BE IN AND OUT AS QUICK AS POSSIBLE.PLEASE ANSWER THE CALL. MR. KENNEDY?
SOMETHING ELSE TO SAY? >> OUT OF THE FIRST BATCH OF NAMES, THERE ARE SOME PROSPECTIVE COMMITTEE MEMBERS STILL THAT REMAIN, SO THIS WILL BE ADDED TO THAT IN ORDER TO ACHIEVE THE NINE COMMITTEE MEMBERS PLUS ALTERNATES.
>> ONE THING, JUDGE, IS IT POSSIBLE -- IF FOR SOME REASON WE CANNOT FILL THE PANEL, IS IT POSSIBLE TO GET THE AUTHORITY TO CHANGE THE COMPOSITION TO THE OTHER METHOD IN THE EVENT THAT WE CAN'T FILL THE PANEL? KNOW THAT WILL BE COMPLICATED. THE STATUTE DOESN'T SAY AN UNDERSTANDING WE ARE UP TO DEADLINES BUT EVEN IF THEY WANTED TO SHOW UP -- WEREN'T TO SHOW UP, IF I'M NOT UNDERSTANDING YOU HAVE TO HAVE ALTERNATE
>> DATE THE PANEL HAS NOT BEEN FILLED ENOUGH ALTERNATES, THEN THE CLERK HAS THE AUTHORITY TO NOTIFY THE ELECTED OFFICIALS ON THE LIST THAT THEY WILL NOW BE FORMING THE PANEL, ALONG WITH
THE CITIZENS THAT WE DO HAVE? >> THAT'S A GREAT IDEA AND I THINK THAT NEEDS TO BE A MOTION.
EMMA WRIGHT, MR. KENNEDY? >> IT WOULD BE MY PREFERENCE TO HAVE THE COURT VOTE ON THAT SPECIFICALLY.
I BELIEVE WE COULD SUPPORT AN EMERGENCY IF WE WERE WITH AN UNFORESEEN CIRCUMSTANCES CIRCUMSTANCES ARGUMENT AND I THINK MY PREFERENCE WOULD BE TOO TRY TO FORM A QUORUM OF COURT TO GET THAT DONE IF THAT'S OKAY.
THE REASON BEING IS THAT KIND OF FLEXIBILITY COULD BE MANIPULATED, AND I DON'T WANT ANYONE TO FEEL LIKE IT WAS MANIPULATED. WE WILL MAKE OUR EST EFFORT TO FILL IT OUT WITH THE MODEL THAT WE HAVE.
>> AND WHAT ARE THE ELECTED OFFICIALS?
>> I WILL TELL YOU UNLESS YOU HAVE A LIST.
>> I DON'T HAVE A LIST, BUT I'M ASSUMING IT WOULD NOT BE THE
JUDGE OR ANY OF THE CONSTABLES >> THE LIST IS HERE.
THE SHERIFF, THE COUNTY JUDGECOUNTY CLERK DISTRICT CLERK COUNTY ATTORNEY. SO WE WOULD PULL FROM THEIR TO
SATISFY THE NINE. >> AND THERE'S JUST A SPECIFIC
PIECE >> WHILE THERE IS A QUORUM AND THEN IT GOES CRIMINAL DISTRICT ATTORNEY.
YES. BUT THAT'S THE FIRST ELECTED
SPACES. >> SO THE IDEA WOULD BE IF WE HAD VACANCIES STILL WE COULD FILL THOSE VACANCIES WITH SOME
OF THESE. >> I WOULD SAY THAT MAYBE JUST TO BE PREPARED, WE COULD NOTIFY THOSE ELECTED OFFICIALS THAT THEY ARE NOT INTENDED TO BE ON THE PANEL, HOWEVER IF BY A CERTAIN DATE, WHATEVER THAT TIMEFRAME IS, WE DO NOT HAVE A FULL 9+ ALTERNATES, THEY WOULD BE SURE THEY WOULD HAVE A SPECIAL MEETING AND REFORM THE GRIEVANCE COMMITTEE JUST TO GIVE A HEADS UP A CASE WE HAVE TO PULL TOGETHER A QUICK
MEETING >> AS A GREAT IDEA AND THAT
WILL BE ON MONDAY AT 4:30 SO >> JUST FOR CLARIFICATION DOES IT HAVE TO BE THE ELECTED OFFICIALS OR CAN IT BE A COMBINATION OF BOTH? WHAT I'M HEARING IT SOUNDS LIKE A COMBINATION AND I DIDN'T THINK THAT WAS IT.
>> THERE ARE TWO MODELS THE FULL PANEL OF CITIZENS MODEL.
IT SHOWS THE ELECTED OFFICIALS PLUS THE NUMBER OF CITIZENS NEEDED TO FILL IT OUT TO 9. AND SO NORMALLY, IT WOULD BE SIX ELECTED OFFICIALS AND THEN THREE MEMBERS OF THE PUBLIC PLUS ALTERNATES. AND THEN IF THERE IS A PUBLIC OFFICIAL THAT'S NOT ABLE TO ATTEND OR IS CONFLICTED OR WHAT HAVE YOU AND REFUSES, THEN HE WOULD SUBSTITUTE THAT ELECTED OFFICIAL WITH A CITIZEN. I WILL SAY THERE IS AN AG OPINION THAT SAYS THAT A PERSON -- AN APPLICANT OR A GRIEVER, A PERSON GRIEVING CAN BE ON THE COMMITTEE AND VOTE UPON THEIR OWN GRIEVANCE, BUT IT HAS BEEN MY ADVICE IN THE PAST WHEN THAT HAS OCCURRED THAT THAT PERSON NOT DO SO.
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SO HERE ARE THE ONLY PERSON AT ISSUE WOULD BE THE SHERIFF AND I'M NOT HAD A CONVERSATION WITH THE SHERIFF ABOUT THAT BECAUSE THAT'S BARBIE BUN UNDER THE OTHER MODEL.>> AND THEN JUST FOR FURTHER CLARIFICATION, SO THE JUDGE MENTIONED SEVEN. AND SO THE COUNTY JUDGE GOES IN
[INDISCERNIBLE] NONVOTING >> DID THE SHERIFF START ALL ORAL HE HAVE TO RECUSE HIMSELF FOR THE ENTIRE WEEK OF THE COMMITTEE? IN OTHER WORDS, WHEN HE HAVE TO HEAR [INDISCERNIBLE] OR WOULD HAVE TO RECUSE HIMSELF OF THE
OVERALL PROCESS >> UNDER THE AG OPINION THAT I WAS REFERRING TO AND I DON'T HAVE THE NUMBER HERE OFFHAND, BUT I CAN FIND IT IF YOU WANT PTO READ IT.
UNDER THAT HE WOULD NOT NEED TO RECUSE AT ALL.
AND HE HAS NOT ASKED -- MY ADVICE IN THIS REGARD HASN'T BEEN RELEVANT THIS TIME AROUND BUT IT HAS BEEN MY ADVICE IN THE PAST IF SOMEONE IS APPEARING BEFORE THE COMMITTEE THAT THEY SHOULD NOT VOTE ON THE COMMITTEE IN ANY CAPACITY, EVEN IF THERE ARE MULTIPLE GRIEVANCES FILED.
ANYWAY, WE WILL SEE IF THAT BECOMES RELEVANT.
IF WE CAN GET PARTICIPANTS FROM THIS LIST IT WON'T BE AN ISSUE
>> WOULD YOU RATHER WE WORK WITHOUT MODEL OF THE COMBINED?
>> WELL, WE DREW THESE 30. DO WE HAVE TO MAKE A MOTION FOR
THEM? >> I THINK THIS IS THE MODEL WE HAVE FOR THE MOMENT AND IN THE CLERK'S OFFICE, -- THE CLERK'S OFFICE HAS MADE GOOD PROCESS INFORMING THE COMMITTEE AND I THINK THESE 30 WILL GET US THERE
>> DO WE NEED A MOTION TO ACCEPT THEM
>> WE DO >> AND WE ACCEPT THE NAMES THAT HAVE BEEN READ. PLEASE CALL THE ROLE.
>> AND IF THERE IS NOTHING ELSE -- DID YOU GET AN ACTUAL
MOTION? >> THERE WAS EARLIER ON.
>> I WAS CLARIFYING FOR THE SAME REASON.
MONDAY 4:38 WE WILL BE HERE AND DOING OUR VERY BEST TO WRAP THIS THING UP AND WE WILL SEE YOU TUESDAY AND COURT.
MOTION TO ADJOURN. YES.
* This transcript was compiled from uncorrected Closed Captioning.