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Resolving Courthouse Conflicts

Goals of this Presentation . Develop an understanding of the relationship between the Board of Supervisors and other elected officialsShare some non-nuts-and-bolts thoughts on managing courthouse relationships. Why is This Important? . Knowing who is responsible for what may reduce tensions in t

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Resolving Courthouse Conflicts

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    1. Resolving Courthouse Conflicts New County Officers School Nathan Bonnett January 26, 2011

    2. Goals of this Presentation Develop an understanding of the relationship between the Board of Supervisors and other elected officials Share some non-nuts-and-bolts thoughts on managing courthouse relationships

    3. Why is This Important? Knowing who is responsible for what may reduce tensions in the courthouse Citizens view you as a leader in your county

    4. There are Five Cases That Tell Us About This Issue... Smith v. Newell McMurry v. BOS of Lee County Smith v. BOS of Des Moines County City of Akron v. Akron Westfield Community School District Van Arkel v. Warren County

    5. There are also several Attorney General opinions that add to what we know.

    6. Smith V. Newell (1962): §331.903 says elected officials may appoint deputies, assistants and clerks, but only “with the approval of the board.” In this case, the supervisors refused to approve the appointment of a certain deputy on account of age.

    7. Question Presented: Who has primary responsibility for selecting those to be appointed by the elected officials, the elected officials or the BOS? Answer: The elected official

    8. Analysis “It is the responsibility of the sheriff to keep the peace in the county, and to employ deputies who will properly assist him. This responsibility does not rest in the board of supervisors…”

    9. Analysis As to these appointees, the elected official is their employer. They are responsible to the elected official, and the elected official is responsible for their work. “The board of supervisors have no control over them”

    10. Smith v. Newell also discussed the extent of the supervisors’ authority regarding appointments.

    11. Smith v. Newell "In stating that such appointments were subject to approval of the Board of Supervisors, it was also the legislative intent that common sense would be used by the Board. In approving or failing to approve, the Board could not reject an appointee on frivolous, trivial, minimal, arbitrary or capricious grounds." 

    12. Smith v. Newell "For example they could not reject the Sheriff's appointments because they did not like the color of the hair of the appointee, nor because of his politics, religious affiliation, nor age, unless the matter of age was contrary to statute."

    13. McMurry v. Board of Supervisors of Lee County (1978) Supervisors set a two-year employment requirement for deputies of all elected officials, and set sick leave policies for all offices.

    14. Question presented: Can supervisors decide personnel policies for other elected officials? Answer: No

    15. Analysis Authority over personnel matters resides with the elected officials unless a statute expressly gives the authority to the BOS

    16. McMurry v. Board of Supervisors "The board appears to have proceeded as though our system of county government consisted of central management with subsidiary departments. With few exceptions, however, our statutes establish autonomous county offices, each under an elected head."

    17. BOS can establish sick leave and vacation policies for personnel in county offices other than the elected officials and the deputies.

    18. Why that distinction? Because §331.904(4) allows the BOS to “fix all compensation for extra help and clerks appointed by the principal officers.” Sick leave and vacation are “compensation”

    19. McMurry makes two important distinctions: Deputies versus clerks, assistants, and other help Compensation issues versus job-related issues

    20. Note what happened in these two cases: In Smith v. Newell the BOS rejected a specific appointment In McMurry the BOS adopted a blanket policy on filling vacancies in county jobs But the result in each case was the same

    21. The elected official, not the BOS, gets to decide who fits the bill. Authority over personnel matters resides with the elected principals unless a statute expressly gives the authority to the BOS

    22. Smith v. Board of Supervisors of Des Moines County (1982) Supervisors required centralized purchasing by all elected officials

    23. Question Presented: Can the supervisors impose a centralized purchasing policy on other elected officials? Answer: Yes

    24. Analysis §331.322(5) expressly requires the county to provide the county officers with “fuel, lights and office supplies,” and thus has the right to choose how that is accomplished.

    25. The issue of the independent authority of the other elected officials was not raised. It was four years after McMurry, but that case was not even mentioned.

    26. City of Akron v. Akron Westfield Community School District (2003) §331.301 says that a power of the county is vested in the board of supervisors except as otherwise provided by law. §331.302 says that the board shall exercise a power or perform a duty only through the passage of a motion, a resolution, an ordinance or an amendment.

    27. Question Presented: Who has the authority to sign a contract on behalf of the county? Answer:  Only the board of supervisors

    28. Analysis The Iowa Supreme Court said that it is clear that any contract with a city entered into without a formal motion, resolution, amendment or ordinance is void. And it said that “the legislature considered it of first importance for city officials to observe formal requirements before obligating taxpayers to finance the affairs of city government.”  The analysis would be identical for counties.

    29. Van Arkel v. Warren County (2005) Budget Director and Auditor sign employment contract containing extensive terms and conditions Then the board of supervisors passes the following resolution:  "Be it resolved that, upon the recommendation of the county auditor, Jim Van Arkel will be hired as budget director effective September 1 at a bi-weekly salary of $1,368."

    30. Question Presented:   Is the employment contract, signed only by the county auditor, binding on the board of supervisors? Answer:  No.

    31. Analysis The Iowa Supreme Court said that an auditor cannot bind the county unless the contract is at least ratified by the full board.  "It is the board alone, acting officially, that can bind the county by an express contract.  Indeed, the power to bind the county is found only in the board."

    32. Vestal’s 5-Part Theory of Resolving Courthouse Disputes

    33. 1. When the supervisors are given express authority by statute over other elected officials, that controls.

    34. For Instance, supervisors have statutory authority to: Determine the number of deputies each elected official shall have; Approve deputy appointments made by other elected officials; Approve the budget requests of other elected officials; Approve specific claims for expenses incurred by other elected officials; and Require that elected officials report on the duties of their office

    35. 2. Even when supervisors have statutory authority over other elected officials, it must be exercised in a reasonable and limited manner.

    36. For instance: Smith v. Newell case regarding power to review deputy, assistant and clerk appointments said the scope of that authority is limited by a “reasonableness” requirement

    37. 3. Supervisors can regulate the conduct of other elected officials when it comes to minor, housekeeping functions of county government.

    38. For Example: County-wide purchasing policies; County-wide policies on selling county property; County-wide record retention policies; County-wide policies on health insurance; and County-wide policies on pay periods.

    39. This can only occur so long “as its effect on the ability of elected county officers to conduct their substantive business is insignificant.” Attorney General Opinion 6-19-85

    40. 4. Without specific statutory authority, supervisors may not interfere with an elected official’s ability to perform his or her official duties.

    41. For Example, Supervisors May Not: Require that other elected officials adopt a county-wide policy regarding longevity pay for deputies; Discipline employees of other elected officials; or Refuse a particular claim, as long as it is part of an approved budget and for a legitimate purpose.

    42. 5.  Despite the relative autonomy of other elected county officials, county supervisors must approve all county contracts. 

    43. A court will throw the deal out if the supervisors have not signed on the dotted line, or at least ratified the contract:  City of Akron Van Arkel v. Warren County

    44. Courthouse Hours Who decides when the courthouse is open?

    45. Courthouse Hours According to the Attorney General’s opinions, the supervisors determine when the courthouse is open, but the individual elected officials determine when their individual offices will be open.

    46. Employee Handbooks and Personnel Policies office hours use of paid vacation leave sexual harassment policies requests for time off

    47. But, if there is no agreement, can the supervisors require that other elected officials abide by their policies? No

    48. Generally, Supervisors can only regulate how other elected officials perform their job duties in five circumstances:

    49. The issue has to do with the elected official’s budget; The supervisors have express statutory authority; It involves “minor, housekeeping functions” of government; The elected officials agree to be regulated; There is a contract that needs to be signed

    50. All county officials need to heed the message in McMurry, where the Iowa Supreme Court acknowledged the relative autonomy of elected officials

    51. “Iowa law vests elected county officials with considerable autonomy, and holds these officers accountable to the electorate rather than to the Board of Supervisors.” Attorney General’s Opinion 6-19-85

    52. CIVILITY IN GOVERNMENT Statistics from a recent study on Civility Civility & Leadership Adapted from David Unmacht, Springsted Inc. Bonnett’s Coffee & Pie Theory

    53. Civility Study Conducted by Weber Shandwick, Powell Tate, and KRC Research Asked 1,000 U.S. adults to identify how the tone and level of civility in government, media, and when buying products affects them findings indicate the level of civility in America to be a growing problem Americans are tuning out of government and politics, news coverage and reporting, and newspaper editorials

    54. Civility Study 94% of Americans consider the general tone and level of civility in the country today to be a problem. 65% believe it is a “major” problem How would you describe the general tone and level of civility in each of the areas: Government/Politics: 72% uncivil Traffic on roads: 69% uncivil American Public: 61% uncivil Talk Radio: 59% uncivil High Schools: 59% uncivil 87% of Americans believe the responsibility for improving civility belongs to the general public 83% also thought that political leaders should bear some of the responsibility

    55. Roles of County Officials in Managing Conflict Remain consistent in your policy direction Continue to focus on strategic initiatives Keep staff on track with the highest priorities Continue to keep staff informed and educated on your opinions Continue with the respectful decorum and operating culture Continue to interject levity and humor when appropriate

    56. Roles of County Officials in Managing Conflict Keep connected to the community and citizens Let staff know when you err or make mistakes Support and advocate a risk-taking culture Continue to challenge and question staff when you don’t understand Continue your personal expressions of thanks and appreciation Continue with your high level of personal time and commitment

    57. Bonnett’s Coffee & Pie Theory There aren’t many courthouse conflicts that can’t be solved over a cup of coffee and a slice of pie.

    58. Thank You! Nathan Bonnett nbonnett@iowacounties.org 515-244-7181

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