Who Does The Deputy County Administrator Work For?

   The Board touched on the issue of who the Deputy County Administrator reports to at a recent Board meeting when they discussed the draft County Personnel Manual.  The organization chart was mentioned, specifically who the Assistant/Deputy County Administrator was to report to.  The draft chart apparently had the position report to the County Administrator. 

   Although the Board initially appeared to agree, it suddenly went into closed session regarding that issue.  When they returned to open session it was announced that more work would be done on the organization chart.  The minutes of that meeting are not posted on the County Government web site.

   Why was the topic of the County Organization Chart discussed in a closed meeting?  The Essex County Government organization chart does not appear to be an authorized exemption from the Virginia "Open Meeting Law", specifically § 2.2-3712 et al.

   Directly regarding the position of the formerly titled Assistant County Administrator, recently changed to the Deputy County Administrator, there are a number of questions that SHOULD be answered by the Board of Supervisors: 

  

            Why was the position title changed?

            When was the position title changed? 

            Were the salary and benefits changed?  If so, were they included in the 2012-2013 Budget?

            Why was the position of Assistant and the now Deputy County Administrator an appointment by the Board of Supervisors?

            When was the original appointment as Assistant County Administrator first made?

            Why does the Board of Supervisors, a legislative and policy body, supervise an operational and administrative position subordinate to the County Administrator?

            Is there any precedence in any other Virginia locality for this very unusual organizational structure where the Assistant/Deputy to the chief administrative officer reports to Board of Supervisors?

            Is the appointment of either an Assistant County Administrator or Deputy County Administrator authorized by the Code of Virginia?

            Doesn't the appointment of the Deputy County Administrator conflict with the Code of Virginia Sections § 15.2-1540, § 15.2-1541, and § 15.2-1541.1?

            Doesn't Section § 15.2-1540, subparagraph 7 specifically state that the County Administrator shall "Appoint all officers and employees of the locality, except as he may authorize the head of an office, department and board         responsible …? 

            Is there a contract for the position?  After all, it is an appointment!

            What is the term of the contract?  One year?  Three years?  Life?

            Who does the position report to?  It appears that the position reports to and works for the Board of     Supervisors rather than the County Administrator?  

            Have annual performance reviews been prepared annually since the date the position was first filled? 

            Who wrote the performance reviews for the Assistant County Administrator in the past? 

            Who is now responsible for writing the performance reviews for the Deputy County Administrator Position?

   Open Government and transparency are better served when sunshine illuminates the staffing policies and procedures of the Essex County Government and all the questions are answered.

John R. Clickener

Where are the County Ordinances?

    The ESO news and commentary post of 27 June fulfilled our promise to provide comparative evaluation data for the Web Sites in the nearby counties.  We stated that the Board of Supervisors web site is missing many documents, publications, etc.  A very short list of some essential missing information was included in that blog.

   One of the most important "missing" items is the Publication containing the entire Code of County Ordinances.  I started my search at the Essex County Library.  They did not have a copy.  The helpful staff at our County Administrators Office allowed me read what may be one of the few (?) or only (?) complete copies of the Code of Essex County Ordinances.  Perhaps the Constitutional Officers and the Clerks of the Counts may have copies.  I have not checked with each of those individuals.  

             

   It's not surprising that the Commonwealth of Virginia has published the Code of Virginia (Laws of the Commonwealth) as a searchable online database.  What is remarkable, and the Mayor, Town Council, and the staff of the Town of Tappahannock deserve full credit for transparency and open government, is the Town Code of Ordinances are published online at

http://library.municode.com/index.aspx?clientId=12438. or there is a link from the Town web site.

It's easy to navigate and fully accessible to the public.

   The Code of County Ordinances, along with the Board Agendas and the Board Minutes already exist as printed documents.  Future agendas and minutes will undoubtedly be prepared as digital documents which can then be easily uploaded.  Any new Ordinances, or changes to existing ordinances, can also be easily uploaded. 

   The School Board opened their new web site in less than five months.  It should be a relatively simple task to place the Code of Ordinances, along with archives for the agendas and minutes, on an improved Essex County web site. 

   Most importantly, it will significantly improve openness and transparency within Essex County Government.

 John Clickener 

Transparency for Position Descriptions. Part 2

   This is ESO's second step in our effort to bring more sunshine into local government.  We are publishing the position descriptions for the Essex County Recreation Director, the Wetlands Engineer.  Also included are the statutes for Industrial Development Authority (IDA), and the Planning Commission.  Transparency includes informing the public of what the specific duties and responsibilities are for our elected and appointed leaders of our County Government.

    Please note that for the IDA and the Planning Commission the statutes require the enactment of local ordinances (ie Essex County Ordinances) which are not currently readily available to the Public.  The ordinances will be a topic in a future article.

   This may have an additional benefit because the collection of data could be transferred directly to the much needed new Essex County Government web site. 

  

   Future posting will include more individual county government position descriptions, the statutory duties of the Airport Authority and other Essex County public bodies, and revisions to the county position descriptions as they are proposed.  We will also begin posting the Essex County Schools position description later in the summer.

   The following position descriptions and statutory basis for the IDA and the Planning Commission are now open to the public:

     County Recreation Director    http://www.essexsunshine.org/pdflib/essex-county-rec-director-2.pdf

     Wetlands Engineer    http://www.essexsunshine.org/pdflib/wetlands-engineer-1.pdf

      

    IDA   http://www.essexsunshine.org/pdflib/essex-county-ida.pdf

    Planning Commission    http://www.essexsunshine.org/pdflib/essex-county-planning-commission.pdf

John Clickener  

School Board Open Governance Progress

   The new web site is already letting a little sunshine into the governance of the School System.  I give them an A+ for being OPEN by placing the draft Student Code of Conduct Handbook online and available to everyone.  Unfortunately, the link is obscure – in the News section, in a small article titled "Student Code of Conduct Handbook being revised."  The link is the last word in the final sentence.  I believe that, for TRANSPARENCY, the link should be much more prominent so it receives a C-.  Therefore, the average grade for this small ray of sunshine is a B.

   EssexSunshine.Org recognizes that the web site is still under development and appreciates the effort of the School Board to become more open.  We believe that there is potential for the web site to receive an overall A in the future.  

   The July School Board Meeting, in conjunction with their retreat, is in Kingsmill Resort near Williamsburg on Thursday July 19th beginning at 9 am.  If any parents or other members of the public want to comment either contact your District SB Member and the at large SB Member before the 19th or plan on driving to Kingsmill for the Public Comment Period.  The meeting is open to the public and was announced to the Public at the last meeting, in the Rappahannock Times, and by EOS.  Unanswered is whether the location of the meeting is easily accessible and is it good public policy?

Clickener

What to Do With the Cannon? – Part 4 (and FINAL)

On Tuesday, 10 July the cannon question was answered.  Susan Derieux , President of the Museum informed the Board of Supervisors that the Essex County Museum would like to take custody of the much discussed 1864 cannon, raise funds for restoration and preservation, and properly display the cannon inside the Museum.  Noted local Attorney Alec Dillard, Jr. offered a pro bono recommendation that the County place the Cannon on permanent loan to the Museum rather than transfer ownership.  The Board of Supervisors BOS) unanimously passed a resolution to retain ownership but transfer custody of the cannon to the Museum and to coordinate its relocation.

Several local citizens immediately offered assistance to help move the cannon and one citizen offered a large seasoned white oak beam to provide the proper wood parts in authentically restoring the carriage.

This was a win for transparency in government.  The County Administrator and the BOS identified a significant issue, conducted preliminary research, and brought the issue to the public at an open meeting.  They received a large number of comments from the public and at the next meeting received a comprehensive proposal that address all of the major public concerns.  They followed an excellent decision making model, considered the facts an opinions, and took appropriate decisive action

This was also a win for the Rappahannock Times which devoted a large amount of space to the reporting, an exceptional half page article, and Letters to the Editor concerning the cannon.  Accurate and timely news coverage helps the BOS to be transparent and forms public opinion.

This was also a huge win for the Citizens of Essex County who, through their grass roots activism and communication with their supervisors, participated in reaching an optimal solution.  There won't be any direct cost to the citizens, but donations to the Museum are encouraged.  A hazard to public safety will be eliminated.  The Cannon, which has been in Essex County for a century will remain in the county, but will be inside protected from the environment, restored and preserved, and should become the centerpiece of a new display in our local museum.

Tuesday, 10 July, was a great day for TRANSPARENCY, OPEN GOVERNMENT, and GRASS ROOTS CITIZEN INVOLVEMENT.  

One final step of citizen involvement is essential - DONATIONS are needed to pay for the restoration and preservation (2 separate steps) and to design and build a suitable display within the Museum.  PLEASE DONATE.

Clickener

ERROR in the post “Where are the Public Meeting Minutes?”

I was factually wrong in the 3 July post "Where are the Public Meeting Minutes?"  The Code of Virginia 2.2-3707.1 ONLY APPLIES to the Executive Branch of the Commonwealth.

There is not any REQUIREMENT for any portion of local government to post minuets within any time limit, nor must they be posted online.  There are very specific requirements for local government to keep minutes of open meetings, what must be included in the minutes, and that the minutes must be open to the public.

Thank you to the Chairman of the Essex County School Board for notifying me of my error.

I apologize for the error and have edited the posting to correct the errors while keeping my errors open to public view.  I wrote the article - ESO had no responsibility for the erroneous citation.  After all, I believe in government transparency and should meet that same standard for articles published by ESO.

John R. Clickener

Transparency for Position Descriptions.

    This is one of ESO's initial steps in our effort to bring more sunshine into local government.  We are publishing the position descriptions for the Essex County Administrator and the Assistant County Administrator (or is the Deputy County Administrator?).  Transparency includes informing the public of what the specific duties and responsibilities are for our elected and appointed leaders of our County Government.

   This may have an additional benefit because the collection of position descriptions could be transferred to the much needed new Essex County Government web site. 

  

   Future posting will include additional individual position descriptions and the statutory duties of IDA, Planning Commission, etc.

   The following position descriptions are now open to the public:

     County Administrator   http://www.essexsunshine.org/pdflib/county-administrator-1.pdf

     Assistant County Administrator  http://www.essexsunshine.org/pdflib/assistant-county-admin-1.pdf

  

Clickener 

What to Do With the Cannon? Part 3

In Part 2 potential courses of action were discussed.  A fly on the wall at the Museum reported that the Essex County Museum and Historical Society Executive Board has approved a decision to accept the 1864 federal cannon from Essex County.  No official announcement yet, but a member was appointed to attend the next BOS Meeting on Tuesday, July 10, at the School Board Conference Room.

This may simplify the decision for the BOS but the sticking points are always in the terms and conditions.  Opinion - The course of action being suggested by the Museum has several benefits, no direct cost to the County, and no significant barriers.  It would: 1. Move the cannon to the Museum, thereby enabling the final work on the War Memorial to be started, 2. Eliminate a safety hazard, 3. Keep the cannon in Essex County, 4. Provide for a climate controlled display inside the Museum, 5. Not require County Funds, and 6. Allow sufficient time for the conservation, preservation, and restoration plan to be developed and donations accepted.

"What to Do With the Cannon", Part 4, the BOS Meeting, undoubtedly will be included in Erin Kelley's Rappahannock Times (RT) news reporting (18 July edition) of the BOS Meeting. 

So far the BOS has demonstrated good governance and decision making, the RT has reported on the issue, a local expert has written an exceptional opinion piece (published in the RT), a portion of the public has become engaged in the issue, and a civic organization has developed a thoughtfully considered proposal.  Although a final decision hasn't been reached, the cannon issue demonstrates how Transparency and Open Government can effectively work toward optimal solutions.

Clickener

What to Do With the Cannon? Part 2

A previous blog post described the issue of the old federal cannon and the open and transparent way the County Administrator and the BOS identified the issue, conducted research, and notified the public of the preliminary information.  This period between the last BOS regular meeting for FY 2012 and the first BOS regular BOS meeting of FY 2013 provides every member of the public with an opportunity to inform the County Administrator and each District Supervisor about their concerns and recommendations.

Considering that the BOS has taken all the appropriate preliminary steps – it's more than likely that they will provide an extended opportunity for public comment.  The BOS is scheduled to convene at 10:00 AM on Tuesday 10 July. At that meeting the Board could move for a decision or, if deemed necessary, conduct addition research and gather additional data. 

The BOS can, of course, use what ever process they chose to evaluate the options and reach a decision.  The classical method is to identify the potential courses of action and weight the relative costs and benefits of each. Given how openly and effectively they have worked the issue so far, I believe that they will be judicious in reaching a final decision.

Some potential courses of action, not ranked in any order, are:

            1.  Take no action.  Of course the risk of injury would still remain.

            2.  Place the old federal for sale by bid to cannon collectors.

            3.  Invite local volunteers, with the necessary skills, to repair the wooden carriage.

            4.  Donate the cannon, as is, to the Essex County Museum.

            5.  Trade the cannon, as is, for a National Park Service quality reproduction.

            6.  Place it in storage and defer the decision.

            7.  Loan the cannon, as is, to the Essex County Museum.

Although there are more potential courses of action and variations on each of the seven listed above there doesn't appear to be a single clearly best solution.  There are however, in my opinion, several poor choices among those listed above.

An obvious question is - Why is John Clickener so concerned about the cannon?  I have two interrelated concerns.  1. In my opinion, the old federal cannon, while not apparently historically significant, should be properly restored, preserved and properly protected and maintained. Where will it be positioned?  2. The final hardscape and landscape plans for the Essex County War Memorial, generously donated to Essex County by Joe and Helen Ware are being completed.  Whether or not the cannon should be included in the final plans will be determined by what course of action is decided upon by the BOS.  Will a cannon be displayed near the Memorial?  Will the old federal cannon be sold, traded, donated, loaned, or otherwise relocated from the area near the Courthouse and displayed somewhere else?

The striking War Memorial honors all those Essex County citizens who have defended the original Colony of Virginia and the United States of America through almost 260 years.  To properly honor those who have served in the most recent conflicts, it is essential that the hardscape plan be completed.  The final hardscape will provide spaces to memorialize the names of the young Essex County men and women who have recently served and to recognize those who will serve in the future.  The honoring of those who serve and the current public safety concern are why I believe a decision should be reached sooner rather than later.

Clickener

Where are the Public Meeting Minutes?

Since this article was posted errors were reported.  They have been redacted with lining out and changing the font color to gray.  I apologize for the errors.  John R. Clickener  07102012

Have you visited the new Essex County Schools web site (http://www.essex.k12.va.us/) yet?  It is much better organized, more attractive, and easier to navigate than the previous version.  Of course, it's a work in progress because there are additional features that will benefit students, staff, parents, and the community.

There does seem to be one major problem that the new web site has in common with the badly out dated county government (BOS) web site. While writing this article today, Saturday 30 June, I looked for the minutes of the School Board and the BOS meetings. The minutes of regular and special meetings of the SB are NOT POSTED on time.  However, the SB now has on line archives of the past two years of minutes and agendas. Apparently the Clerk for the BOS doesn't place the minutes on the County Government web site. --- And the BOS does not provide on line public access to an archive of minutes and agendas.

The most current SB minutes are for a regular meeting dated 14 May. The SB also held a regular meeting on 11 June.  The draft/unapproved minutes for that meeting were required to have been posted not later than the evening of 18 June. They were not there.  The SB also held a special meeting on 26 June.  Those minutes are required to be posted by the evening of 3 July.

Since the County Government has a web site, one would presume that the minutes would be posted there.  Since they do not post minutes on the web site, the BOS should require the BOS Clerk to inform the public when and how the minutes are made available in compliance with the Code of Virginia. 

The last regular meeting by the BOS was on 5 June.  The draft/unapproved minutes for that meeting were required to have been made public not later than the evening of 12 June.  The BOS met in special session at 5:00 pm on Wednesday, 27 June; therefore, those draft/unapproved minutes are required to be made public by the evening of 6 June. 

The Airport Authority, which is also required to make their minutes public, does post their minutes on the Essex County Government web site.  The most recent minutes are for the Authority's 10 May meeting.  They most recently met on 14 June; however, those draft/unapproved minutes were required to have been posted not later than 21 June.

The Code of Virginia Open Meetings Act mandates the broadest interpretation of open government and transparency.  The Act specifically requires ALL public bodies (which includes the BOS, the SB, and most other local government entities such as the Airport Authority and the Planning Commission) "…to take minutes at open meetings and prescribes specific items of information which must be included." (Code of Virginia 2.2-3707)  "Further, minutes must be made available within 5 working days of the original meeting and the final minutes within three working days of their approval."  (Code of Virginia 2.2-3707.1)

Charges may be brought and penalties may be assessed for violations of the ACT.

Additional transparency and open government requirements concerning the conduct of  public meetings, which the BOS and SB should consider, will be posted here on ESO.  They include: Public Notice requirements prior to convening meetings, the very limited and specific reasons that permit public bodies to convene in closed session, adoption and publication of a local supplement to Roberts Rules of Order, Newly Revised which specifies the local rules for public comment during open meetings, etc.

Article by JRC  John R. Clickener