April 23, 2019
By: Dwayne Page
Can a member of the county commission who is also employed by the county legally vote on the budget if it includes a pay raise or an increase in benefits for himself?
The short answer is “yes and “no”.
This issue was raised recently as a committee began work on developing a set of policies and procedures on how business at county commission meetings is to be conducted.
During Monday night’s monthly meeting, the commission voted to adopt the first set of policies which includes a statement addressing conflict of interest.
If a member with a conflict is voting at a full commission meeting on the approval of the entire consolidated budget as a whole (schools, road department, and general fund) he or she may vote. It’s a different story for members of the county budget committee with a conflict who vote to recommend individual budgets to the full county commission for approval.
For example, the DeKalb County Budget Committee includes five members of the county commission, Dennis Slager, Jerry Adcock, Jeff Barnes, Sabrina Farler, and Anita Puckett. Two of the members, Farler and Puckett are employed by the Board of Education as Principals and must abstain from voting in committee on the school budget if it should include pay raises or an increase in benefits for teachers and other staff. That would be a conflict of interest under the law.
“In those instances only when there is a pay raise or increase in benefits being considered in committee you (commissioners) would have a conflict in voting on any raises that would affect you. You would be conflicted out and you could not vote on that. Once it comes to the full commission you wouldn’t have a conflict as long as you are not voting on the school budget separately but as part of the consolidated budget,” said County Attorney Hilton Conger
According to the policy, which mirrors state law, “no member of the legislative body (county commission) of a county who is also an employee of the same county, or whose spouse is an employee of the same county may vote on matters in which such member has a conflict of interest”.
“A conflict of interest is created under this section when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member’s spouse. The vote of any member having a conflict of interest shall be void if challenged in a timely manner during the same meeting at which the vote was cast and prior to the transaction of any further business by the body”.
Commissioners would also have a conflict if voting on a specific amendment to the budget or a specific appropriation or resolution which would increase his or her pay or benefits.
The law further states that “any member of a local governing body of a county who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority”.
Three other commissioners, not on the budget committee, are also employed by the county including Matt Adcock(DeKalb EMS), Myron Rhody (school bus driver) and Beth Pafford (assistant principal). Third District Commissioner Bobby Johnson’s wife is also a teacher.
Those members may also vote on the “consolidated” county budget whether or not it should include an increase in pay or benefits for them or their spouse.
The commission voted 10 to 2 Monday night to adopt the first set of policies and procedures including the conflict of interest statement. Other sections of the overall document will be considered for approval in the weeks ahead as proposed by the policies and procedures committee, made up of commissioners Janice Fish-Stewart, Dr. Scott Little, Myron Rhody, and Sabrina Farler.
The commission currently has no formal guidelines on how meetings are to be conducted. The proposed document spells it out in detail to help ensure that business is transacted in a more orderly fashion.
Fifth district member Jerry Adcock, who voted against it, said new policies and procedures are not necessary.
“This county has operated since 1838 without any things written down. I don’t think there has ever been a hanging or shooting at one of these meetings. I appreciate the time you (committee) have put into it but I think it’s a little frivolous to get into this,” said Adcock.
Seventh District member Bruce Malone also voted no.
The commission made one amendment to the new policies that would call for a committee meeting of the whole commission at the “discretion of the Chairman” instead of a “required meeting” on the Thursday prior to the full Commission meeting the following Monday night.