HomeMy WebLinkAbout40-0715-24R STATE OF WASHINGTON
Jefferson County
ORDER: SECOND QUARTER 2024
BUDGET APPROPRIATIONS/ }
EXTENSIONS FOR VARIOUS ) RESOLUTION NO.40-0715-24R
COUNTY DEPARTMENTS }
WHEREAS,the Jefferson County Board of Commissioners did on the Ptday of July,2024 declare that a
need existed for the listed expenses which are funded by additional sources which were not anticipated at the time
of preparing said budgets;and such sources include unanticipated received from fees,or grants from the State and
Federal government.or proceeds from the sale of bonds,or budgeted but unexpended monies from the prior
budget year;and
WHEREAS, the Jefferson County Board of Commissioners did on the 1't day of July, 2024,set a hearing
on said need for the 15'h day of July,2024,at the hour of 10:00 a.m. in the County Commissioners' Chamber,
Courthouse,Port Townsend, Washington,(Hybrid);and
WHEREAS, Jefferson County has published notice of this hearing as provided in RCW 36.40.100 on July
3 and 10, 2024 in the official newspaper of Jefferson County;and,
WHEREAS,this being the time and place set forth for said hearing and no objection or objection
interposed.
General Fund-001 Revenue Expense
Dept Dept Name Description One-time Ongoing One-time Ongoing
150 Prosecuting Attorney Capital-Karpel Case Mgmt Software 55,575
Convert paralegal position to addl Civil Deputy PA (210,644)
New Civil Deputy PA-6 mos (On Going Annual$160,042) 80,021
rr
240 Superior Court Transfer from Fund 131 (70,000)
Center For Children&Youth Justice 15,000 15,000
Total General Fund 15,000 (70,000) (140,069) 80,021
Other Funds Revenue Expense
Func Fund Name Description One-time Ongoing One-time Ongoing
r
109 Noxious Weed Control Fort Worden State Park (3,000)
Washington State Park 3,000 .
New Vehicle 38,434
401 PW-Solid Waste Dept of Ecology Grant 109,340
Yard Debris Fees 35,000
Salaries&Benefits 90,000
City Yard Waste Fees 55,000
Recycling 48,000
Capital Outlay-Equipment 400,000
501 PW-ER&R Penny Creek Pit Postponed to 2025 (400,000)
Total Other Funds (255,660) - 631,434 -
Total Appropriations (240,660) (70,000) 491,365 80,021
APPROVED this 15th day of July,2024.
o CO �s,, JEFFERSON COUNTY
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SEAL: ' i tsslo'• Gy klit BOARD OF COMMISSIONERS
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NI-FEST: '•. . 2 ' £l)e I. Chair
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Clerk of the Board "Hei i F,isenhour, Member
Page 2 of 2
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,� Gtia JAMES M. KENNEDY
Jefferson County Prosecuting Attorney
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MEMORANDUM
Date: June 17,2024
To: Mark McCauley,County Administrator
Sarah Melancon,HR Director
Judy F. Shepard,Finance Manager
From: James Kennedy, Prosecuting Attorney
Re: Budget Supplemental Request
Mark,Sarah and Judy:
The Prosecuting Attorney's Office (PAO) is submitting a budget neutral supplemental budget
request that would add a third civil deputy prosecuting attorney(DPA)to the Civil Division of the
PAO. This memorandum explains the need for the third civil DPA and how adding the additional ,
DPA would be budget neutral.
Overview of the History and Breath of the Legal Matters Handled by the Civil Division
The Civil Division is responsible for handling the all of the legal aspects of all civil litigation,
legislation. and transactions of the county. In addition, the Civil Division handles child support
enforcement. extreme risk protection orders, firearms rights restorations, and involuntary
treatment act petitions. The Civil Division provides advice and legal opinions on a wide range of
issues,the bulk of which involve compliance with state law and county code,contracts,elections,
land use, legislation, open public meetings public records requests, public health, and risk
management.
The Civil Division's responsibilities have a very wide scope that requires diverse legal knowledge
that cannot easily be obtained in small civil law office. The Civil Division includes one chief,one
civil deputy, and outside counsel, The Chief Civil DPA is essentially the general counsel for the
county. The Civil Division shares two legal professionals with the administrative functions of the
Prosecuting Attorney's Office, appeals for criminal cases, and the Coroner's Office. Outside
June 17,2024
Page 2
counsel are supervised by the Chief-Civil DPA. A DPA II position was added in March 2019 after
the Board of County Commissioners recognized that one DPA could not cover all the duties of the
Civil Division.
At ter the DPA 11 position was added in 2019, the duties of the Civil Division were increased to
include child support enforcement,extreme risk protection orders,and firearms rights restorations.
The Civil Division handles all child support enforcement cases in Jefferson County for the State
of Washington under grant funding. These additional duties consume a large volume of time and
directly protect the community.
Hiring and retention for the DPA 11 position was difficult,given particularly the budget limitations
inherent in the DPA II track. In 2021,the second civil DPA position was increased from a DPA 11
to a DPA III position in 2021. recognizing that additional capacity as needed for the Civil
Division in handle the required workload.
The Civil Division works with colleagues in various county departments. including the auditor,
the assessor, the Board of County Commissioners, central services, the county administrator,
human resources. public records, risk management, the sheriff, and the treasurer. The Civil
Division teaches the rule of law to the Board of County Commissioners,the county administrator.
department heads,elected officials,key county employees,and the public.
Heavy involvement of the Civil Division is required in the significant legal matters of the County
and includes:
• All civil litigation,such as the D'Arnico cases,the Opioid Litigation,the Clarke Land Use
Petition Act cases;
• All legislation, including Comprehensive Plan Updates, and Critical Areas Ordinance
Updates, Shoreline Master Program Updates. the Legal Lot of Record Ordinance, the
Sewer Ordinance,etc.;
• Nearly constant legal advice for DCD and Environmental Public Health;
• Major projects for DCD,such as the Pleasant harbor Master Planned Resort;
• Code compliance (weekly and monthly meetings and review of key documents prepared
by DCD(Jr EPI1 to enforce Title 19 JCC);
• Revisions to the Personnel Administration Manual:
• Risk management issues;
• Contract review and development of forms.
A number of projects the Civil Division is involved in are "drop everything" projects. including
all extreme risk protection orders, and all involuntary treatment act petitions. The "drop
everything" projects can take hours, days and weeks, in some instances. The nature of these
projects are such that they arrive with little forewarning and have short statutory deadlines, hence
the term "drop everything."
June 17,2024
Page 3
By County resolution,the Chief Civil DPA is required by county resolution to serve as the county's
alternative director for the Washington Counties Risk Pool. The Chief Civil DPA is the legal
advisor to the county risk committee. The Chief Civil DPA also serves as a member of the County
Canvassing Board.
The Need for a Third Civil DPA
Philip Hunsucker has served as the Chief Civil DPA since 2017. Philip has handled,or supervised
the handling of all matters for which the Civil Division is responsible.Before corning to the County
Philip did civil litigation and trials with a focus on environmental and insurance coverage for 40
years. He had his own law firm with offices in California and Washington, D.0 for over 20 years,
so he was used to serving clients,running a business and managing people. Philip has fully vested
in PF.RS iI and can retire with a pension from PERS II at any time. He has authorized me to say
that his current expectation is to retire sometime 2027,after he reaches 10 years of service to with
the County.
Barbara Dykes Ehrlichman was hired for the better funded DPA ill position in 2021. Barbara has
been an attorney since 1988 had been the chief civil DPA in both Snohomish and Island counties
and a hearing examiner in land use matters before she was hired by the County. Even with the
addition of Barbara,the Civil Division could not keep pace with the demands for its services.
On May 31, 2024, Barbara left to take a position as an administrative law judge for the State
Environmental and Land Use Hearings Office (ELUIIO). 1 promoted Melissa Pleimann to Civil
DPA III to fill Barbara's slot. Melissa has been a lawyer for about eight years, but primarily a
criminal lawyer. Melissa has significant litigation experience that has already benefited the Civil
Division. We expect Melissa to grow into an excellent municipal lawyer. But she cannot replace
the kind of experience we lost with Barbara. In the short-term, Melissa reduces Philip's capacity
to serve the county due to the ongoing professional training that he provides her.
Adding significant capacity to the Civil Division is the only way to meet the County's demand fur
legal services, now and in the future. We have determined that adding another civil DPA is the
only practical way to make that happen. And, there is a concern about burning out Philip, who
probably is working 60 hours per week, including weekends, to try to meet the demand.
Accordingly, we are making this request.
How Adding the Third Civil DPA Would be Budget Neutral
There are three reasons the add would be budget neutral:
(1) Unspent Budget for a New Civil Division Legal Assistant:S83,492
a. The PAO has unspent budget for a new Civil Division legal assistant. To help with
capacity issues described above,the Board of County Commissioners added budget
to for the PAO's Civil Division to hire a full-time lega: assistant for 2024. The
June 17, 2024
Page 4
position was advertised, but the candidate pool was sparse and without the type of
qualifications we were looking for.
(2) Reduced Cost of Recent Hires: 5127,152
(a) Deputy Prosecuting Attorneys. Tuppence Macinyre,a DPA III (Grade: MGR
22, Step: 7),was replaced by Holly McKeen, who is a budget positive DPA tl
(Grade: MGR 20, Step: 2). Melissa Pleimann's move to the civil DPA III
(Grade: MGR 22, Step: 3) position from a DPA II (Grade: MGR 20, Step: 7)
position was budget positive because the pay at Melissa's Step 3 is significantly
less than at Barbara's step 7.
(b) Support Staff Changes. Candace Drollinger (UFCW Grade 29, Step 7) was
replaced by Donahue (UFCW Grade 25, Step 1). This savings significantly
offsets the slight increase in compensation from Annie Ciuthrie(UFCW Grade
32, Step 3)to Jim Funaro (UFCW Grade 32,Step 5).
(c) Reduced Cost of Future Hires. Hiring to fill the open criminal DPA position
will be budget positive. The planned hire for the open criminal DPA position
will be with a new law school graduate, who was our choice as the best
candidate to apply. The new criminal DPA will be at the DPA I (Grade: MGR
19, Step 2). The pay for the new criminal DPA will be significantly less than
Melissa's DPA lI grade. Additionally, until this individual is formally hired
Melissa's old position is still vacant and has been since the beginning of April.
(3) Total Budget Capacity. 5210,644
Laura Mikelson and Lysa Phillis were promoted to paralegal from legal assistant. Our budget
neutral analysis accounts for those changes. By our calculations, the budget off-set should cover
the gap. A spreadsheet with an analysis of the numbers is attached as Appendix A.
Even if this request were not budget neutral, it still should be granted because the capacity of the
Civil Division must be increased,if the County hopes to satisfy its demand for legal services. And,
I know Philip is dissatisfied and stressed about the level of service being provided now. I do not
believe it is in the county's best interests for Philip to be left in this position.
If you have questions or comme ts,please let me know.
1. i•s Kennedy
Je rson County Pr. ting Attorney
cc: Philip Ilunsu
encls: Ex. A Budget ' dsheet,Ex. B Appropriation Form, F.x.C Position Request Form
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Reset
Request for Budget Appropriation/Extension and Amendment
Department/Fund Name: Noxious Weed Control Budget Year: 2024 Quarter: QTR 2
Revenue: A revenue source(i.e.grant, new fee) has been received which was not approved in the annual budget. Therefore, I request an appropriation and
budget extension in the amount reflected below: One-time On-going
Fund# Org# Revenue Obj# Description Current Budget Appropriation Appropriation Amended Budget
109 10934516 345012 Fort Worden State Park 3000 -3000 - 0
109 10934516 345015 Washington State Parks 10000 3000 ' 13000
U
0
TOTAL REVENUE: 13000 0 0 13000
FROM: If the revenue source is being transferred from another county fund, identify the information for the fund providing the revenue.
Fund# Org# Expenditure Obj# Description
0
Expenditure:After a thorough examination of my current budget it appears that the amount allocated is insufficient to pay necessary expenses for this year.
Therefore, I request an appropriation and budget extension in the amount reflected below:
OTHER FUNDS(Non General Fund): Is there enough Fund Balance to cover this additional expenditure? nYes EiNo
One-time On-going
Fund# Org# Expenditure Obj# Description Current Budget Appropriation Appropriation Amended Budget
109 10955360 64000 Noxious Weed Control-New Truck 0 38434 38434
0
0
0
0
0
TOTAL EXPENDITURE: 0 38434 0 38434
TO: If the expenditure is providing a revenue source to another county fund, identify the receiving fund information.
Fund# Org# Revenue Obj# Description
0
Reason for budget appropriation:
Updating revenue to show funding for work at Fort Worden coming from Washington State Parks(per amended contract)rather than Fort Worden.
Requesting appropriation for actual purchase cost of new truck for Noxious Weed Control.BoCC approved 550,000 appropriation in 02 2023.The truck was ordered in 2023 and thus not
included in the original 2024 budget request, but it was not delivered and invoiced until March 2024.
t �
Submitted by(Elected Official/Department Head): � 1'' Date: June 14,2024
Reset
Request for Budget Appropriation/Extension and Amendment
Department/Fund Name: PUBLIC WORKS/SOLID WASTE Budget Year: 2024 Quarter: 2
Revenue: A revenue source(i.e.grant,new fee)has been received which was not approved in the annual budget. Therefore, I request an appropriation and
budget extension in the amount reflected below: One-time On-going
Fund B Org I Revenue Obj B Description Current Budget Appropriation Appropriation Amended Budget
401 40133403 334313 DEPT OF ECOLOGY GRANT $52,986.00 $109,340.00 '/ $162,326.00
401 40134370 343002 YARD DEBRIS FEES $142,500.00 $35,000.00 .i $177,500.00
$0.00
$0.00
TOTAL REVENUE: $195,486.00 $144,340.00 $0.00 $339,826.00
FROM: If the revenue source is being transferred from another county fund,Identify the information for the fund providing the revenue.
Fund U Org M Expenditure ObJ U Description
S 0.00
Expenditure:After a thorough examination of my current budget it appears that the amount allocated is insufficient to pay necessary expenses for this year.
Therefore,I request an appropriation and budget extension in the amount reflected below:
OTHER FUNDS(Non General Fund): Is there enough Fund Balance to cover this additional expenditure? Ekes EINo
One-time On-going
Fund U Org U Expenditure cow B Description Current Budget Appropriation Appropriation Amended Budget
401 40153700 101000 SALARIES&WAGES $745,937.00 S 70,000.00 , $815,937.00
401 40153700 200000 PERSONNEL BENEFITS $357,125.00 S 20,000.00 $377,125.00
401 40153700 495000 CITY YARD WASTE FEES $95,56/.00 S 55,000.00 $150,567.00
401 40153760 410000 PROFESSIONAL SVCS-RECYCLING $603,057.00 $48,000.00 _ $651,057.00
401 40159437 640000 CAPITAL OUTLAY-EQUIPMENT $15,000.00 $400,000.00 - $415,000.00
$0.00
TOTAL EXPENDITURE: $ 1,816,688.00 $593,000.00 $0.00 $2,409,688.00
TO: If the expenditure is providing a revenue source to another county fund,identify the receiving fund information.
Fund U Org* Revenue Obj B Description
$0.00
Reason for budget appropriation:
City Yard Waste fees were higher than anticipated because a December 2023 payment was made in 2024 end because of higher than antidpated customer transactions. Professional
Services Recycling is higher than anticipated because a December 2023 payment we 4.Capital Outlay-Equipment is substantially higher than budgeted due to the large
equipment purchases of a telehandler and excavator,both neccessery to gain m al management efficiencies at the transfer station to meet service demand. Salaries&Be fit
increase due to new CBA and staffing changes. gi
Submitted by(Elected Offidal/Department Head): Date:
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Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight,Deputy Clerk of the Board
DATE: July 15, 2024
SUBJECT: HEARING re: Proposed 2024 2"d Quarter Budget Appropriations/Extensions for 1
Various County Departments; Scheduled for Monday,July 15, 2024 at
10:00 a.m. in the Commissioners Chambers
STATEMENT OF ISSUE:
Various County Departments have requested increases to their 2024 budget. Per RCW 36.40.140
the Board of County Commissioners must hold a public hearing regarding the proposed budget
changes.
ANALYSIS:
These budget changes are intended to address unanticipated revenues and expenditures of the
requesting departments. The Hearing Notice was published in the Port Townsend Leader on
July 3 and 10, 2024.
FISCAL IMPACT:
See attached department fund requests.
RECOMMENDATION:
Hear public testimony and consider approval of a resolution to adopt the 2024 2"d quarter
supplemental budget appropriations on Monday,July 15, 2024 at 10:00 a.m.
REVIEW I I) BY:
riae4 -:. 4
-1/46 .
Mark McCaulc ounty Administrator Date