Appalled At The County Commission Raises - And Response (2)

  • Tuesday, February 17, 2015

As a property owner and taxpayer in Hamilton County, I am appalled at the County Commission recent "back room deal" in their efforts to set their own pay, aka giving themselves a raise, excluding the noble action of Commissioner Graham.  

Their letter sent to the state legislature, signed by all commissioners but Mr. Graham, was done out of the public view and gives them the ability to set their own pay, no longer having the Commission raises tied to all other county employees raises.  Wow, what world are they living in? They all knew what the job as commissioner paid going into the recent election and the system in place for raises.  Looks as if they want to change the rules after the game has started.  

The Commission should be finding ways to increase pay to the well deserving county employees, such as our teachers, police officers, correction officers and public works employees, people who serve our community on a full- time basis and work 40 plus hours a week under difficult conditions. Compare the part-time commissioner of $22,000 plus salary to a jail correction officer salary $32,017 a year, dealing with violent criminals 40 plus hours a week or teachers working in a environment that now requires armed police officers for their safety. 

Your job is a part-time position, yet you seek all the benefits of our dedicated county employees and now the ability to set your own pay. 

As for District 7 Commissioner Turner, who ran on the platform of " government transparency," looks like that pledge is gone in your first few months.  When Commissioner Beck recently stated they could do more without the Sunshine Law, she chimed in with an "Amen!"  No wonder the public view of politicians is what it is. Maybe we should post the Sunshine Law at the Courthouse. 

Thank you, Commissioner Joe Graham, for taking the high road, we need more of that from our elected officials. I'm disappointed in the behavior displayed by the body, who knowingly hid this decision from the public.  

David Manley 

* * *  

Mr. Manley, I would not be so quick to bemoan a recent request made by eight of our county commissioners. I hope that the following clarifies these actions by providing what Paul Harvey always referred to as “the rest of the story.”  Anyone who knows me knows that I try to look beyond the headline and rely heavily on facts and source material. I encourage everyone to become familiar with the Tennessee Code Annotated our state legislature’s website. I also ask that if one finds factual error with information I am presenting to let me know so that I can correct myself and provide an apology, if needed. 

Back to the matter a hand, it was stated that this request was a “’back room deal’…aka giving themselves a raise,” but that assumption is incorrect. No raise has occurred, nor will automatically occur with this change to state law. The bill as written is neutral, and could in effect save county taxpayer money. Prior to the link in pay, county employees’ pay increased at a rate higher than county commissioners' pay. Currently, commissioners receive an automatic pay increase anytime there is an increase in the mayor’s pay. Whether one believes it or not, removing this link to the mayor’s pay will result in our commissioners being held in higher account to the property owners and taxpayers of Hamilton County when changing their pay. If the proposed bill passes (SB 0707 - Gardenhire/HB 0717 - McCormick), our commissioners will have to vote on any increase they wish to give themselves. 

The proposed bill will also align how our County Commission is paid with every other county in the state. Currently, Hamilton County is the only county in the state that has their commission pay tied to the county mayor’s pay. That’s right, every other county legislative body in Tennessee sets their pay by resolution that they propose and pass themselves. Our commissioners are looking to fall under the same statute that every other county legislative body complies to. 

Let's go back for a moment. The headlines read “New Bill Allows Commissioners To Vote Selves Raises” (Times Free Press – May 4, 1999) and “Taxpayers Critical Of Commissioners' 33% Pay Increase” (Times Free Press - June 30, 1999). Yes, the year was 1999. This was following a bipartisan group of local state legislators passing legislation (TN Public Acts 1999, ch. 174, § 1) to amend Tennessee Code Annotated 5-5-107(b)(2). This wording is what the newly proposed bill is looking to remove: 

·         (2) Upon adoption of a resolution by a two-thirds (2/3) vote of its membership, the county legislative body of any county having a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred eighty-six thousand (286,000), according to the 1990 federal census or any subsequent federal census, shall fix the salary of the members of the county legislative body by June 30, 1999, to become effective July 1, 1999. On July 1, 2000, and each July 1 thereafter, the compensation for members of the county legislative body shall be adjusted to reflect the same percentage increase the county mayor of such county is to receive. 

I checked the 1990 census info, and sure enough, Hamilton County was the only county meeting this population criterion. In fact, we had 285,536 residents in 1990. The counties above and below us in population were Knox County and Sullivan county, with 335,749 and 143,596 residents, respectively. 

So why did Hamilton County’s legislative delegation propose and pass this legislation making our County Commission's pay unique?  According to that May 4, 1999, article, Commissioner Curtis Adams asked them to tie the commission salary to the mayor’s salary: “…Adams said that provision would prevent "a big ruckus" each time commissioners voted to raise their pay.” This pretty much speaks for itself. 

As a conservative-minded individual, another positive concerning the proposed state legislation: it is a step towards making the Tennessee Code Annotated simpler. Most of the time, deleting a subsection of a subsection is the deletion of a “but”, “if”, “unless”, “or”, or any other of those small words that can lead to an open interpretation or glaring loophole within the law. I think we can all get behind and applaud a simpler set of rules. 

So if I haven’t lost you yet, what does all this mean? It means that if the proposed legislation passes in the state legislature and our county commissioners want to give themselves a raise, they will have to propose a pay increase via resolution and then pass said resolution in order to do so, just like every other county legislative body in Tennessee. It means accountability and transparency to you and I, the taxpayers of Hamilton County. 

Jonathan Mason 

 * * *  

Why do Hamilton County Commissioners feel the need to circumvent the process of discussing county business in public? They meet every Wednesday, in public, yet they write, sign and mail  a letter to Nashville seeking permission to set their own pay, all done behind closed doors.

Their conduct is very disturbing to me and as elected officials, excluding Commissioner Graham who refused to go along with the group, they should only conduct business in public. 

As to Mr. Masons' reply, he fails to see the point of what has happened. 

Mr. Manley pointed out this letter, written and signed by the Commission, verges on violation of the Sunshine Law and his only concern is the manor in which it was done out of the public arena. He future pointed out his District 7 commissioner, Ms. Turner, ran on a platform of "Open Government and Government Transparency"and she's not holding up to those promises. These actions should concern every county citizen. If Mr. Mason had a true understanding of the meaning "Open Government", he would agree with the electorate. 

Perry Perkins

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