County looks at its hiring process; enacts freeze policy

By NICOLE CARTRETTE
Staff Writer

Only new positions not already in the budget will be affected, but commissioners voted unanimously Monday for a hiring freeze.

The vote came after much discussion over the process for hiring new county employees and many questions were raised about what authority lies with whom in the hiring process.

Commissioner Ricky Bullard opened the door to a hiring freeze motion when he questioned County Attorney Steve Fowler about the hiring of Assistant County Attorney Terri Martin to primarily handle Department of Social Services cases but to work directly under Fowler.

Bullard pointed out that minutes from an April 17 commission meeting gave Fowler the authority to seek temporary contract services with an attorney due to the resignation of full-time DSS Attorney Jim Caviness, who worked solely for DSS.

A motion made by Commissioner Bill Memory at the meeting also stated: “Mr. Fowler will meet with Ms. Marva Scott, Social Services Director, and Kipling Godwin, Chairman and the Columbus county Board of Commissioners, to discuss hiring a permanent employee for said position, and when a permanent employee is hired, they will work directly under the purview of the Columbus County Attorney.”

Fowler said it was his understanding he had the authority to hire an attorney.

“Where did that understanding come from?” Commissioner James Prevatte asked.

Fowler explained it was through “individual” conversations with the board members.

Prevatte argued he was never asked or approached by Fowler and thought the board would approve the appointment.

Fowler admitted he did not discuss it with Prevatte.

“As we have discussed in the past, that’s that man’s job behind you (County Manager Jim Varner),” Prevatte declared. “My understanding was it would be brought back to the board.”

McKenzie defended Fowler. “He gets a lot for us and he gets a lot from us,” McKenzie said. In hiring the assistant attorney, McKenzie said Fowler did not arbitrarily go against the board.

“If he made a mistake, I understand,” Prevatte said. “I don’t think he maliciously did.”

Bullard referred back to the motion adopted in April. “Does it clearly state to hire a full time attorney?” Bullard asked Fowler.

Fowler did not give a “yes” or “no” answer. He said it was his understanding through the motion and individual conversations he was authorized to proceed.

“He is our employee, hired at the pleasure of the board,” Commissioner Bill Memory said, pointing out other department heads have the authority to hire their employees and pointing out the board agreed the new attorney would work for the legal department of the county.

“Mr. Fowler hired somebody just like any other department head,” Memory said.

A heated debate followed with McKenzie and Memory arguing against the board stepping in and taking more control of the hiring process.

Bullard and Prevatte argued that a department head and administration should recommend appointments and new hires but the board be given the final say, similar to the way the city and county school boards handle hiring.

“I don’t think that is what this board needs to be getting into,” Memory said.

“You’re getting off the subject,” Bullard said. “Where is it stated that a department head has the right to hire?”

Prevatte’s motion that all employees go before the manager and get approval of the board was seconded by Commissioner Ronald Gore. Gore clarified that department heads should make recommendations to the manager and the manager should present it to the board.

“He (the county manager) shouldn’t fire without approval of the board,” Bullard said.

Social Services Director Marva Scott pointed out that her department is subject to rules of the office of state personnel and as director she has the authority to hire or terminate any employee.
Director of Cooperative Extension Jackie Roseboro is a state employee with most of her employees funded by both the county and state. She questioned what effect such a decision would have on her agency.

Chairman Sammie Jacobs said such a change would be going around the manager. “I don’t want the last word on hiring,” he said, adding that the issue needed to be looked at from a legal perspective.

Memory directed Fowler to check with the N.C. Institute of Government to determine what legal ramifications exist.

Prevatte withdrew his motion (that all employees go before the manager and get approval of the board) just moments before Bullard made a motion to freeze hiring until the county finances are under control.

Memory agreed but wanted the motion amended to apply only to nonessential positions. He proposed the essential positions be presented to the personnel committee and county manager.

“The way our budget is we need to stop spending money,” one of the commissioners for the freeze said.

“The county still has to operate,” McKenzie said.

Jacobs said that the county financial books were almost straight and that an auditor’s report would be available soon.

“Then the freeze won’t last too long,” Bullard said.

Memory pointed out jailers would be needed for the new jail and were included in the budget.

Scott pointed out that 11 positions were being filled at DSS. Several of those interviewed have been offered a job. “I’m sure the county would be liable,” Scott said, adding that the sate funds at least 50 percent of the cost, if not more of the DSS positions.

Memory suggested the county look at levels of employment over the next six months. “Eight positions would save one penny on the tax rate,” he said.

“Let’s not do anything drastic,” Jacobs said.

McKenzie said the freeze would put handcuffs on positions already in the budget.

Bullard allowed for the motion to be amended stating that it was a freeze on all new positions. The motion carried with a unanimous vote.