County Council to hire own attorney

2009-11-18 / Front Page

Auditor and treasurer fix financial issue
By Debbie Lowe Staff writer

Carroll County Council members have, in past months, discussed a perceived need for legal counsel separate from the commissioners’ attorney. Barry Emerson has served as the commissioners’ attorney since 1981 and has willingly advised the council whenever asked.

However, it was always noted that it was not Emerson’s contractual responsibility to perform in that capacity. The council appropriated funding in the 2010 budget for an attorney to advise them. Council members moved forward to secure a council attorney at their Tuesday morning meeting.

Carl Abbott and Nancy Cripe were appointed as a committee to investigate how other county councils choose an attorney. They will then solicit names of interested attorneys and request applications be submitted to the council by Dec. 15 at 8:30 a.m. for review.

Council president Ann Brown suggested an out-ofcounty attorney would be advantageous due to possible bias from someone in county.

“I don’t think we should get an attorney who is involved in representing many other county entities,” she said.

Other council members agreed with Brown but Scott Ayres said that no matter who was contracted for the position there would be biased thinking.

Auditor’s report

County auditor Beth Myers provided the monthly comparison report, monthly financial report, the revenue and expense statement, the emergency medical services balance sheet for the past four years ending Oct. 30 and two treasurer’s reports for the period ending Sept. 30. She stated that all funds were in balance between the auditor’s and the treasurer’s offices.

However, treasurer Jane Brewington said that the cash book in the treasurer’s office had not balanced for several months – until Monday. “It’s fixed now,” she said. Brewington explained that when a refund for $4,505.35 was sent to the state from the property tax rebate of 2007, a “fund correction” did not happen correctly to balance the cash book. The situation was reconciled this week.

Myers said a “fund correction” form was sent to the treasurer’s office in January 2008. She said she did not know there was an issue about it until October of this year after she cleared the account by direction of the Indiana State Board of Accounts in September. She said by closing out the account the issue became obvious to the treasurer’s office.

A duplicate form was submitted by the auditor’s office to the treasurers Monday, which led to the correction of the problem in the treasurer’s cash book.

It was decided by agreement with the treasurer that Brewington would present reports at each council meeting beginning in January.

Other business

A request by Carroll Circuit Court Judge Don Currie to pay a new court bailiff more than what is approved in the 2010 budget was tabled. Currie explained that current bailiff Julia Terrell is retiring at the end of the year and he wants to hire probation department secretary Diane Kelly for the position. The probation position pays $3,215 more per year than the bailiff position. Currie said the difference could be paid out of probation funds.

Brown said she asked the SBOA if this could be done and had yet not received a reply.

“I don’t have any problem at all with you doing this,” Cripe told Currie.

Abbott expressed concern about setting a precedent. He cited cases in which the council denied the county clerk a similar request.

“I would really like to hear what the SBOA has to say before we make a decision,” Abbott said.

Council consensus was to hold a special meeting before the December council meeting after a response is received from the SBOA to resolve the issue.

Brown reported the EMS committee decided to put the third ambulance at the Delphi garage and not commit to a building project grant until they know what they need and where it is going to be located. She said proposals were received from Camden, Flora and Yeoman. Committee members will visit each community to assess the locations before making a final decision.

The assessor’s and auditor’s offices received “kudos” from the Indiana Department of Local Government Finance as one of only 35 counties for submitting certified net assessed values in a timely fashion. According to a DLGF e-mail, Carroll County is “ontarget for a Feb. 15, 2010, budget order and first installment property tax bill due date of May 10, 2010!”

The next meeting will be Dec. 15 at 8:30 a.m.

Transfers approved:

• Superior Court: $500 from software and $100 from office supplies for printing, $650 from maintenance contracts for postage and $100 from office supplies to furniture and fixtures;

• EMS: $1,600 from copier supplies to ambulance maintenance, $1,500 from telephone for utilities and $700 from telephone to radio repair;

• EMA: $100 from mileage for motor vehicle repair and $100 from mileage for emergency preparedness;

• Highway: $2,000 from truck driver to overtime foreman and $300 from advertising, $300 from printing, $400 from weed spray, $500 from welding and $3,500 from oil and lubricants all for hardware and tools;

• Health Department: $2,500 from lecture and luncheons to personal health supply and $1,000 from advertising to office supplies; and

• Soil and Water: $67.87 from postage to office supplies.

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