GALVESTON COUNTY COMMISSIONERS COURT

Transcription

1 GALVESTON COUNTY COMMISSIONERS COURT Galveston County Courthouse, 722 Moody, Galveston, TX (409) Mark Henry Ryan Dennard Joe Giusti Stephen Holmes Ken Clark County Judge Commissioner Commissioner Commissioner Commissioner COURT ORDER WHEREAS, the county court at law judges of Galveston County elect an administrative judge, and the state district court judges of Galveston County elect an administrative judge, each of which supervises the expeditious movement of court caseloads, employment and performance of non-judicial personnel, and the budget and fiscal matters their respective groups of courts; and WHEREAS, the administrative judge of the county courts and the administrative judge of the district courts of Galveston County, along with the probate court judge of Galveston County, have applied to Galveston County Commissioners Court under, inter alia, Texas Local Government Code Section for the authority to appoint certain employees to provide administrative support to the courts; and WHEREAS, Local Government Code Section provides that, after the receipt of an application under Chapter 151, the commissioners court by order shall determine the number of employees that may be appointed and shall authorize their appointment; and WHEREAS, Galveston County Commissioners Court finds that it is in the public interest to authorize the appointment of certain administrative employees to provide support to the courts; NOW, THEREFORE, COMMISSIONERS COURT OF GALVESTON COUNTY DOES HEREBY MAKE THE FOLLOWING FINDINGS AND ORDERS AS FOLLOWS: LEGAL BASIS FOR AUTHORIZATION REQUEST FOR APPOINTMENT OF STAFF: 1. Texas Local Government Code Chapter 151 provides the only current statutory basis for authorizing administrative support personnel for the district courts of Galveston County as of the date of this Order. 2. Chapter 75 of the Texas Government Code provides a statutory basis for authorizing administrative support personnel exclusively for Galveston County s county courts at law as of the date of this Order, but Galveston County s judges have not applied for authority to appoint personnel under that chapter, and some judges have stated their opposition to authorizing staff under the current version of Government Code Chapter The Texas Legislature has enrolled Senate Bill 1913, which would modify Texas Government Code Section in a manner that authorizes appointment of collective administrative personnel ( Court Administrator ) for both county and district courts under that chapter. Following any legal effect of such amendment, Galveston County Commissioners Court would be empowered to authorize appointment of a court administrator in accordance with such statutory changes. 4. The authorizations made under this Order are made pursuant to Local Government Code Section FUNCTIONS AND DUTIES FOR WHICH ADMINISTRATIVE SUPPORT IS NEEDED: 1. Galveston County Commissioners Court has received information from some county and district court judges about duties for which administrative support is requested. 2. While Galveston County Commissioners Court lacks authority to regulate the job duties of persons appointed and supervised by independent elected officials, the proposed job duties of positions are relevant to Galveston County Commissioners Court s determination of the need for requested positions. Page 1 of 6

2 3. The commissioners court performs a legislative function when it creates the budget for the county's offices and departments. This budgetary power carries with it broad discretion in making budgetary decisions. Commissioners Court of Caldwell County v. Criminal Dist. Attorney, Caldwell County, 690 S.W.2d 932 (Tex.App. Austin 1985, writ ref'd n.r.e.). This legislative function, when properly performed, is protected from the scrutiny of the judicial branch by the constitutionally-mandated separation of powers doctrine. See TEX. CONST. art. II, 1 4. A county commissioners court has the authority to determine, in any budget year, the resources to be distributed in accordance with Local Government Code Chapter 151. Commissioners court may take a different view than do the requesting elected officials about the necessity for requested staff positions. Tex. Att y Gen. Op. No. GA-0081 (2003) at 3. A district court has no authority to substitute its own judgment for that of commissioners court as to the particular expenditures that should be made. Weber v. City of Sachse, 591 S.W.2d 563, 566 (Tex. App.-Dallas 1979, writ dism'd). 5. Galveston County Commissioners Court has carefully considered the information received from the county s judges. Some members of Commissioners Court and its staff have familiarized itself with the administrative aspects of Galveston County s justice system by interviewing employees, observing operations, and in some cases participating in the day to day aspects of the system. Some members of Commissioners Court and its staff have conducted extensive research of administrative operations of the justice system in other Texas counties and traveled to and physically observed such operations in other counties. 6. Galveston County Commissioners Court finds that staff is needed to assist the courts with certain tasks, including: coordinating requests for visiting judges for the courts from the regional administrative judge, arranging substitute court coordinators and reporters, supervising case flow management of the courts, preparing administrative judicial orders and documents, assisting with the preparation of daily jail docket, assisting with the processing of attorney fee vouchers, maintaining a database of eligible court appointed attorneys. SALARY FOR AUTHORIZED PERSONS: 1. The commissioners court of a county shall set the amount of the compensation, office and travel expenses, and all other allowances for county and precinct officers and employees who are paid wholly from county funds. Tex. Loc. Gov t Code Section A commissioners court has broad discretion in setting salaries. Even on appellate review, no other body or court has jurisdiction to make determinations of proper salary amounts. See Ector County v. Stringer, 843 S.W.2d 477 (Tex. 1992). 2. In setting salaries, Galveston County Commissioners Court has considered carefully the salaries paid for structurally comparable positions in Galveston County, market salary data, salaries paid for substantively comparable positions in other Texas counties, as well as information received from some county and district court judges. 3. The salaries being paid for structurally similar positions in Galveston County are relevant to salary determinations. Galveston County Commissioners Court budgets salaries on a grade and step system. Salary grade, represented by a number designation, correlates to the market range of salaries for a particular position. Salary step, represented by a letter designation, correlates to pay differentials within the market range for the position affected by such factors as experience, education or training of the employee. 4. It is Galveston County s policy, and has been for many years, that positions at grade 20 or above are initially set at a salary step A, B, C, D or E. Page 2 of 6

3 5. Galveston County elected officials have chief deputies and other executive level managers within their respective offices to assist them with carrying out their constitutionally and statutorily appointed duties as public officials. The offices of County Clerk, District Clerk, Treasurer, Tax Assessor-Collector, District Attorney, and County Judge have executive level staff members that help carry out the duties of the elected official s office, report directly to the elected official, and supervise other employees in the elected official s office. Those positions, along with their respective annual salaries, salary grade (number) and salary step (letter) are: a. District Clerk chief deputy - $63,695 (22E) b. District Clerk chief deputy - $62,142 (22D) c. County Clerk chief deputy (courts) - $68,593 (22H) d. County Clerk chief deputy (records) - $68,593 (22H) e. County Clerk chief deputy (elections) - $68,593 (22H) f. District Attorney s chief executive officer - $66,920 (21K) g. County Treasurer assistant county treasurer - $70,308 (22I) h. Tax Assessor chief deputy of property tax - $65,288 (22F) i. Tax Assessor chief deputy of business services - $81,536(22O) j. Tax Assessor chief deputy of operations - $62,142 (22D) k. County Judge chief of staff - $65,288 (22F) 6. All but one of these positions are assigned a salary grade of 22, which is reflective of the market level of salary appropriate for the roles and responsibilities of such positions. 7. These positions are structurally comparable to a court administrator, which is an executive level staff member that helps carry out the duties of the elected official s office, reports directly to the elected official, and supervises other employees in the elected official s office. 8. A less direct but still relevant comparison also can be made to Galveston County positions that do not assist with operating an elected official s office. A court administrator would have supervisory authority over several administrative employees. It is a managerial position that requires independent exercise of judgment. However, it is a different role than a county department head position, which typically manages larger numbers of people, often at multiple locations, or requires post-graduate education coupled with significant professional experience. Such senior management positions in Galveston County, along with their respective annual salaries, salary grade (number) and salary step (letter), include: a. Information Technology services manager - $57,705 (20I) b. Information Technology administrative, purchasing and budget supervisor - $54,924 (20G) c. County Purchasing Agent assistant purchasing agent - $70,308 (23E) d. Parks and Cultural Services programs manager - $63,695 (22E) e. Parks and Cultural Services operations manager - $63,695 (22E) f. Mosquito Control manager - $70,308 (21M) g. Deputy emergency management coordinator - $57,705 (22A) 9. These positions range in salary grade from 20 to 23, which is reflective of the market level of salary appropriate for the roles and responsibilities of such positions. These positions are reasonably comparable structurally to the court administrator position, though somewhat less comparable than the previously identified executive staff positions that report directly to elected officials. 10. Galveston County Commissioners Court also has considered third-party data regarding salaries for court administrator positions. Page 3 of 6

4 a. A salary market report by PayScale for a court administrator in Galveston County, Texas determined the median salary for such a position is $60,980. The detailed report considered education, experience, job duties, supervisory responsibility, and labor market geography. It took into account the higher qualifications and experience requested for the position by Galveston County s judges. The report considered data from more than twenty Texas counties, including Brazoria, Ft. Bend, Harris, Montgomery and Chambers, as well as numerous other Texas governmental agencies. b. A examination by Study.com, which included analysis of Bureau of Labor Statistics data, concluded the median salary nationally for a court administrator that manages the daily operations of a courthouse, acts as a court liaison, manages the courts budgets, and directs court employees is $53, Galveston County Commissioners Court has also considered the salaries paid by other Texas counties for positions with similar job duties. Because every county is different, and the staff positions and job duties in this subject area are unique, such salary comparisons are imperfect but still informative. a. Nueces County likely presents the most analogous situation to Galveston County s. Nueces County is similar to Galveston, because it is a growing coastal county with a population about 17% larger than Galveston. Nueces County has proportionately more courts, with five county courts and eight district courts. Like Galveston, the courts of Nueces County are served by court coordinators assigned to each court (titled court managers in Nueces). And like Galveston, Nueces is in the process of hiring a court administrator to serve all of its county and district courts collectively. Nueces County is advertising its court administrator position at $49,000 if the person hired has a bachelor s degree, or $54,000 if the person hired has a law degree. b. Brazoria County is the most similar county to Galveston County, because Brazoria is almost the same size (being slightly larger than Galveston), is a suburban county adjacent to Harris County, is contiguous to Galveston County, and is a coastal county with similar geography and demographics. Brazoria County has a district court administrator with a salary of $61,181. The Brazoria County position has responsibility for five courts, whereas Galveston County s position would have responsibility for ten. c. Cameron County has (i) a district court administrator responsible for eight courts (a position filled by a person with 30 years longevity) that is paid $56,000 and (ii) a county court administrator responsible for three courts that is paid $41,744. Considering those salaries in relation to the number of courts being administered, it is estimated that a court administrator responsible for ten courts would be paid approximately $61,700 in Cameron County. Cameron County is larger than Galveston County by more than 100,000 people. On average, its organizational size and salaries would be expected to be somewhat larger than those in Galveston County. d. Hays County has separate court administrators for its county and district courts. The court administrator for Hays County s four district courts has a budgeted salary of $36,639. The court administrator for Hays County s two county courts has a budgeted salary of $54,066, though the person currently serving in the position has been employed for more than 30 years. Galveston County s court administrator would be responsible for more courts than either of these positions. Hays County also has an estimated population of 176,000 people, which is about sixty percent the size of Galveston County. For these reasons, salaries of the Hays Page 4 of 6

5 County court administrator positions likely would tend to be somewhat lower than an average salary in Galveston County. e. Lubbock County has a director of court administration that serves both county and district courts. According to the FY2015 Lubbock County Compensation Classification Schedule, adopted September 8, 2015 by Lubbock County Commissioners Court, the starting salary for such a position is $58,197, and the mid-level salary for such a position is $72,747. The person currently employed in the position is paid at the highest level in the salary range of approximately $110,000. Lubbock County has an estimated population of 289,000, about the same size as Galveston County. f. Collin County has a district court administrator that is responsible for nine district courts. The position is paid $80,360. Collin County s population is approximately 854,000, almost three times the size of Galveston County. On average, its organizational size and salaries would be expected to be significantly larger than those in Galveston County. g. The very largest counties in Texas, such as Harris, Dallas, Bexar, and Tarrant, have court administrators. But these counties have populations of 1.8 million or more (greater than six times the size of Galveston County), along with very large local government bureaucracies. Executive and managerial level salaries in these counties are often much higher than in mid-sized counties like Galveston. Their county commissioners staff members, for example, earn three times the salaries of such staff members in Galveston County. Because of these dramatic differences in pay scales and organizational size and structure, these counties provide limited comparative value in making salary determinations. 12. Galveston County Commissioners Court finds that an appropriate salary grade for a court administrator is a grade 22, and an appropriate salary step is between A and E. 13. In considering the salaries to be established for positions other than the court administrator, Galveston County Commissioners Court has also considered the salaries paid to structurally comparable positions in Galveston County, salaries paid to substantively similar positions both in Galveston County and in other Texas Counties, and market salary data. NOW, THEREFORE, COMMISSIONERS COURT OF GALVESTON COUNTY HEREBY ORDERS the following positions are authorized immediately for appointment by the 56th Judicial District Court of Galveston County: Title: Court Manager Annual salary: 22(E) $63,695 Title: Administrative Specialist Annual salary: 18(A) $42,907 Title: Administrative Coordinator Annual salary: 15(A) $36,998 Title: Administrative Assistant Annual salary: 14(A) $35,215 Title: Administrative Officer Annual salary: 19(A) $45,079 These positions shall be full-time positions entitled to receive the same benefits as other full-time positions with Galveston County. IT IS FURTHER ORDERED that the creation of these positions mid-budget year by this Order vests in the elected officeholder of the 56th Judicial District Court the exclusive power of appointment to the positions. Any interference with that power of appointment would invade that sphere of authority, which is delegated to the officeholder within which another officer may not interfere or usurp. IT IS FURTHER ORDERED that if S.B. 1913, recently enrolled by the Texas Legislature, is enacted into law, then effective on September 1, 2015: the above-described position of Court Manager shall be retitled as Court Administrator under Texas Government Page 5 of 6

6 Code Section ; the salary range for the Court Administrator position, as required by S.B. 1913, shall be 22(A) $57,705 through 22(E) $63,695; and the other aforementioned positions shall be transferred to the Court Administrator s office. Upon creation of a court administrator s office, the Court Administrator and subordinate staff positions shall report to the district courts and the statutory county courts collectively. UPON MONTION DULY MADE AND SECONDED, the above order was passed on the 9 th day of June, Attest: County of Galveston, Texas By: Dwight D. Sullivan, County Clerk Mark A. Henry, County Judge Ryan L. Dennard, Comm., Pct. #1 Stephen D. Holmes, Comm., Pct. #3 Joe Giusti, Comm., Pct. #2 Kenneth Clark, Comm., Pct. #4 Page 6 of 6