Essex Sunshine
Wednesday, September 3, 2014
Teacher and Staff Turnover Updated
Wednesday, April 2, 2014
OPEN GOVERNMENT (?) - sometimes sunshine gets blocked!
Case 1. I requested Essex County Animal Pound public records pursuant to FOIA. The request was submitted prior to the arrest of Pound Manager and Animal Control Officer Angle Fennell. Requests for public records must, by law, be submitted to our County Administrator, Reese Peck. He, in an appropriate abundance of caution had Larry Smith, Essex County Emergency Services Director and Ms. Fennell's supervisor, attend our discussion and learn the full details of the request. My request was specific to documents establishing the probable abuse of two dogs which were adopted from the Essex County Pound by one of their volunteers. Mr. Smith was fully informed of the sensitivity of the inquiry and the need for prompt action.
The initial reply from Mr. Smith was incomplete and unresponsive. I provided him with specific written details describing the missing documents and asked for an immediate response. The second response was incomplete and included a denial of some of the records. Mr. Smith stated that Pound Manager Fennell, who has been arrested and charged (a trial is pending), told him that the records were exempt from release. Because the Department Head had obstructed my FOIA request I informed Mr. Peck of the refusal to provide the requested public documents and the failure to comply with the Freedom of Information Act requirements and response time.
Mr. Peck took prompt action. I received the requested documents and filed an animal abuse complaint in King and Queen County. The adopter of the two dogs was also arrested and charged concurrently with Ms. Fennell. Note that Ms. Fennell had attempted to hide documents, including Essex County adoption contracts, which were intended to protect the adopted dogs. Her supervisor aided her in that attempt by denying access to public documents.
I have no doubt that Mr. Peck intends for Essex County Government to fully comply with the full intent of FOIA. During numerous discussion and in all my contacts so far I have been confident that both his words and his deeds demonstrated his desire to open the shutters, open the drapes, and let the sun shine in all aspects of our county government.
Case 2. I recently attempted to obtain information about the unnamed person or persons responsible for care of dogs seized in Richmond County on 13 August 2012 by Sr. Trooper Jodi M. Creasy, Area 2, Division 1 (Richmond) located in Warsaw. The FOIA request was, as required, submitted to the State Police Headquarters in Richmond. It asked for all public documents which authorized or directed Sr. Trooper Creasy or other persons to: seize dogs on 13 August 2012, act as custodian of the seized dogs (including care, release, transfer, etc.), or dispose of any or all of the dogs.
By letter First Sergeant Michael L. Sweet, Area 2 Commander denied my FOIA Request under an exemption to the Act. I appealed and the appeal was also denied by First Sergeant Sweet. I then filed an appeal in the General District Court as provided for by the Act. The Judge upheld the denial of my request stating that some of the requested public documents were enclosed in the investigation file (note that all trials and appeals had been completed prior to filing the request and the investigation should have been closed) and were therefore exempt. During the hearing he did comment that the filing of custody and disbursal records within an investigation file appeared to unusual (my remembrance of the Judge's words, there was no transcript of the hearing).
My attempt to bring Sunshine into the seizure of dogs, the apparent mistreatment of dogs in the custody of an agent (or agents) of the Commonwealth, and the disbursement of dogs to inappropriate recipients was unsuccessful. Most advocates and supporters of the Virginia FOIA acknowledge that there are too many overly broad exemptions. Other documentation which identifies responsibilities for the seizure, custody, and disbursal of the dogs has become available.
A side note: Ms. Fennell, in Case 1 above, was also involved in the seizure, custody, and disbursal of 14 of the dogs.
Follow up – The Virginia FOIA Council and the Virginia Coalition for Open Government periodically review and make recommendations for strengthening VA FOIA. I intend to advocate to limiting the blanket exemption granted to "investigation reports".
To learn more about VCOG or to make a donation supporting advocacy for Open Government please go to www.opengovva.org .
John Clickener, writer for this post
Publisher, ESO
Thursday, March 6, 2014
County Vehicles and Motorized Equipment Part 2
The special study and discussion “County Vehicles and Motorized Equipment” published on 24 January was well timed to coincide with budget development and apparently of interest because of the public response we received:
1 – A copy of a Springsted Incorporated, Richmond Virginia, Final Report, EMS and Fires (sic) Services Plan, Essex County, June 14, 2010 was received by ESO. The report was addressed to the Chair of the Board of Supervisors and appears to be the product of a study/report that was prepared at the request of the Board. It doesn’t appear that it was ever made public but it addresses a number of the concerns that were identified in our 24 Jan blog. Questions arise about the study:
Was this a sole source contract or was it requested through an RFP?
What was the full cost of the Study?
Why it was not made public?
Which, if any of the recommendations have be implemented?
Will the Board of Supervisors please explain this at their next meeting?
The Report can be reviewed in its entirety at:
http://www.essexsunshine.org/pdflib/essex-ems-fs-plan.pdf
2 – A copy of the Virginia Fire Services Board (VA FSB) “A Report of Findings and Recommendations: County of Middlesex Fire & EMS Study” dated February 2011 was received by EssexSunshine.Org. In the January 24 blog, we had suggested that Essex County request the VA FSB to study and evaluate the Emergency Services Capabilities of Essex County. A study by VA FSB is provided pursuant to the Code of Virginia § 9.1-203.A.4 and is apparently performed at no cost to the requesting jurisdiction.
The Middlesex Fire & EMS Study has not been placed on line to our knowledge and ESO has not requested permission to reproduce the Report. It is our opinion that it is comprehensive analysis of the organization, funding, personnel, and training of the fire and ems providers. It contains detailed recommendations which could be implemented immediately or prioritized for implementation when funding, staffing, or administrative actions were available.
We previously recommended that a new study by the Virginia Fire Services Board be requested.
What action will the BOS take?
Will they inform the public if they request a new study?
If a study is requested, will they publish the study as soon as it is completed?
3 – We were asked about a rumor that at a recent Board of Supervisors Meeting it was reported that Essex Public Schools was operating 3 unsafe School Busses. I have been at most of the recent BOS and School Board meeting. Other members of ESO have been at many of those meetings too. None of us recall any report of unsafe school busses being used to transport students.
At the most recent School Board meeting, in conjunction with the development of the FY2015 Budget, a discussion of the decision to seek funding for 2 replacement busses (more on this later). As part of discussion a comprehensive report on the number and condition of the busses was provided by the EPS Director of Transportation. There are 3 old school busses which do not have roof hatches which are required for all new bus purchases. The busses were reported to be in good condition and have passed the annual safety inspections.
It appears that the rumor is a garbled retelling of a detailed fact based report by individuals who had not attended the meeting. Facts are important (and often overlooked or ignored) – it would benefit our entire community if more of the public were to attend the BOS and SB meetings and to actively participate in the governance of our community.
The Superintendent and the Essex County Public Schools have prepared a comprehensive and transparent budget which proposes the first step in a school bus replacement program with the acquisition of. The Transportation Director has provided a comprehensive presentation on the school bus fleet. Perhaps an additional worthwhile step would be to establish a “School Transportation” section within the new web site. That section could be updated periodically with an inventor of all public school vehicles including their date of manufacture, mileage, condition, and proposed replacement date.
As a closing comments:
1. ESO fully supports the thoughtful planning and budgeting for the future replacement or upgrading of all (county and school) vehicles, motorized equipment, technology devices and major systems and subsystems for communications, lighting, hvac, plumbing, food service equipment, and interior and exterior maintenance.
2. ESO does not have the data to evaluate the cost benefit between purchasing and leasing decisions. While leasing can reduce first year cash flow, it may not be the optimal solution to upgrades or replacements. We suggest that the cost benefit analysis of the school bus replacement be included in the proposed School Board Budget.
John Clickener – Editor of this article, Publisher of ESO
Friday, January 24, 2014
County Vehicles and Motorized Equipment
Over the past two years both the Board of Supervisors and the School Board have discussed issues of concern about the need to replace vehicles, the maintenance costs for vehicles, and the inadequate maintenance facility. These are important public safety and budget issues which warrant additional attention and long term financial planning by our governing bodies and the public.
This is EssexSunshine.Org's (ESO) first look at the broad topic of Essex County Vehicles. Therefore, we believe that it's necessary to establish preliminary common. The definitions are solely ours and we welcome any advice or corrections from County, School Administrations, the Sheriff's Department, and the other stakeholders such as the Volunteer Fire Department and Rescue Squad, the Airport Authority, and other agencies which have and operate county vehicles and equipment. We have not included the Town of Tappahannock vehicles in this review.
DEFINITIONS:
County Vehicles – all licensed motor vehicles owned by Essex County. This include all passenger vehicles, maintenance trucks of all sizes, Sheriff's Department vehicles, school busses, vans, and passenger vehicles, and any county owned vehicles not otherwise classified. Additionally, any EMS vehicles in direct support of Essex County and all Volunteer Fire Department vehicles in direct support of Essex County are included in the general category of "County Vehicles."
County Motorized Equipment – all motorized equipment not intended to carry passengers nor licensed by the state. This includes but is not limited to backhoes, bucket loaders, large "trailer" generators, trailer air compressors, fork lifts, tractors, large commercial duty mowers, trailers used in conjunction maintenance vehicles, etc.
County Vehicle and Motorized Equipment Inventory – a complete list, available to the public, of all vehicles and equipment which supports the emergency services and routine operations of county government and schools for the citizens of Essex County. The inventory should, as a minimum identify each vehicle and item of equipment by type, manufacturer, date of purchase (new or used), original cost, projected end of service life, current condition, and the Departments which are responsible for each vehicle and item of equipment.
Mission Capable – vehicles and equipment which is fully capable of performing all designed functions in any weather conditions and all safety systems and features are fully operational.
Limited Mission Capable – vehicles and equipment which cannot perform all designed functions in any weather conditions but all safety systems and features are fully operational. Some repairs, replacement of part(s), or modification(s) are required.
Not Mission Capable – vehicles and equipment which cannot perform its major design purpose(s) safely or efficiently. Any vehicle or equipment with any safety system or feature which requires service or repair. Any equipment needing major service, repair, or replacement parts. Vehicles or motorized equipment which cannot be certified when required.
Service Life – service life is the projected safe and productive expectation of service for each specific type of vehicle and item of motorized equipment. It is typically measured in miles driven, hours of operation, or economic life (period in which parts remain available and costs of maintenance and repairs are not excessive). Those measures represent the best possible estimates of when vehicles or items of equipment should be included in the Future Capital Expenditure Planning Budget for replacement. Does the County have a Future Capital Expenditure Plan?
Service Support – the technicians, facility, tools, parts inventory, and supplies necessary to properly perform operator maintenance, higher level scheduled maintenance, repairs, and necessary modifications and replacement of systems.
BACKGROUND: Over the past two years a number of Board of Supervisors discussions about the Sheriff's Department patrol cars have taken place. The School Board has had similar discussions about the aging fleet of school buses. Those discussions have left us with an impression that the County Government, the School System, the various departments, and perhaps the emergency services agencies do not have comprehensive plans, policies, and procedures which address the administration, operation, maintenance, replacement, and disposal of vehicles and motorized equipment. Additionally, we have not found that lifecycle costs for vehicles and motorized equipment have been developed or identified.
Further, the county has not published any recent analysis or studies which evaluate the types of vehicles and motorized equipment which are needed, the numbers of each type which are needed, or the overall condition of the fleet of vehicles and equipment currently owned by local government and the supporting organizations.
Lastly, it appears that a number of Board discussions have suggested that the current maintenance facility is grossly inadequate to provide a full range of preventative maintenance and repair support for the county. Additionally, the number of technicians and the adequacy of their ongoing technical training should be evaluated.
PUBLIC SAFETY: This is a primary responsibility of local government. Transportation of children on school busses, the daily patrols, investigations, and emergency response of law enforcement personnel, the response of fire and rescue professionals, and the routine travel and service duties of our county employees requires safe fully and capable vehicles and equipment. Recommended:
1. That the County request a study of Essex County's Current Emergency Services Capabilities and Recommendations for Procedures, Staffing, Equipment and Training by the Virginia Fire Services Board as authorized by the Code of Virginia § 9.1-203.A.4.
2. That the Sheriff request a study of Essex County Law Enforcement Capabilities and Recommendations for Procedures, Staffing, Equipment and Training by the from the appropriate Law Enforcement body similar to the Virginia Fire Services Board.
3. That the County Administration, the Essex Public Schools Administration, the Volunteer Rescue Squad and the Volunteer Fire Department develop and publish and maintain on-line a comprehensive inventory of Essex County vehicles and motorized equipment.
BUDGET: Annual Budget Development and planning for Capital Expenditures needs accurate data on future requirements available at the start of each budget cycle. Incremental budgeting, which bases future funding upon past budget requests, has been the normal practice with a few exceptions. In our view, the data necessary to develop a comprehensive needs based budget is not available to either the county leadership or to the public concerning county owned or county supporting (fire and rescue) vehicles. Newer vehicles require less initial maintenance and repair, are usually safer, and are usually more fuel efficient. Newer vehicle will reduce operations and maintenance expenses BUT will require substantial capital expenditures for their acquisition. Therefore, the need for accurate data becomes critical when developing a County Budget that will represent the best possible compromise for Public Safety, efficient provision of services and support to the public, and the limited funding available from federal and state programs and local tax revenues.
ESO urges the County Administration, the Essex Public Schools, the Sheriff's Department, and the Emergency Services providers to collaborate on establishing a vehicle and motorized equipment inventory which will be easily accessible to the public. We also strongly recommend the use of "no cost" consulting services, described in the Public Safety paragraph, to gain objective and independent professional recommendations for consideration in future planning and budget development.
John Clickener - Publisher
Tuesday, January 21, 2014
Airport Authority – 2013 Accomplishments and 2014 TO DO LIST
Monday, January 20, 2014
School Board – 2013 Accomplishments and “2014 TO DO LIST”
For both the review of accomplishments and the "TO DO LIST" the School Board and the Essex County Public Schools are considered to be, respectively, the Legislative/Policy/Finance Branch and the Executive/Administrative Operations Branch of our county education program.
Only major items affecting open government and transparency are included in the lists below.
ACCOMPLISHED DURING 2013
1. Employed Dr. Scott A. Burckbuchler as Superintendent. He is eminently qualified, is committed to and open and pragmatic Budget Development Process, and actively seeks an open dialogue with all of the various constituent groups.
2. Developed and deployed an excellent new Essex Public Schools Web Site. There are still some information gaps to be filled but the greatly improved navigation, enhanced communication capability with the School Board Members, and accesses to more information are noteworthy.
3. Implemented BOARDDOCS. Provided public access to an on-line improved Board meeting agenda and all supporting documents. Now all citizens have ready access, prior to Board Meetings of all documents that used to be provided only to the members of the School Board.
4. All School Board Meetings are recorded on digital video. The recordings are available for public access at the School Board Office. Plans are to have the recorded meetings available as streaming video.
5. Developed and published the FY 2014 Budget Development Planning Calendar. The 2014 budget process was initiated in November of 2013. This is was a significant step in transparency for it permits public engagement in the development of a needs based budget.
6. Published limited data on staff turnover. This was a positive first step; however, a more comprehensive report including reasons for losses other than retirement and not offering a new contract should be included. Please see item 6 in the To Do List below.
TO DO LIST FOR 2014
1. Have a review of the new Essex Public Schools Web Site by Sunshine Review. Carried over from last year. This is a project that ESO must resolve. ESO believes that the Essex County improved site will be graded much higher than the D of early 2012. Unfortunately, Sunshine Review has been bought out by another data services company. Their review system is under revision; therefore this objective has not been completed.
2. Improve the Budget Process and Access to the Approved Budget. Carried over from last year. A 2013 survey by the Virginia Coalition for Open Governments of county and town budgets identified 26 localities which received an "F" grade. Essex and Middlesex Counties are the only nearby localities that did not provide adequate online access to their budget (and include sufficient information to understand the sources and specific uses of funds).
There is essentially no cost to publish comprehensive online budget data which includes assumptions, rationale, and explanations of changes from the prior year. Essex County School Board should ensure that the entire budget development process, especially the detailed propose 2014-2015 budget and the final budget when approved and appropriated by the Board of Supervisors is open to the public. They should be posted on the Essex Public Schools web site which can be easily accessed.
3. Examine and make public the Purposes and Effectiveness of School Athletic Programs, Creative Arts, and the various Activities with the Essex System. Carried over from last year. ESO believes that athletics, fine arts, and other activities are essential elements of effective education programs and the development of capable and confident graduates. Public Transparency (i.e. report the problems and solutions, celebrate and praise the successes) is essential to develop financial support, volunteers, and attendance at events. The outstanding student theater performance in the new auditorium in late 2013 was an excellent demonstration of how the arts can contribute to school improvement efforts.
5. Conduct a Wage and Benefits Survey of the Surrounding Counties. Carried over from last year. A current survey is an essential tool in determining the fairness of local government employee compensation.
6. Publish Annual Turnover Statistics for positions within the System. Carried over from last year. ESO published several years of data in 2012. We believe that high turnover rates may be symptoms of poor leadership, inadequate compensation, poor discipline/working conditions, or weak selection and employment practices. The School Board should annually publish and report to the public comparative date for Essex County Schools with an analysis of the turnover rate. Comparison with the turnover rates with the School Systems of nearby counties would also be helpful to the public.
The foregoing "To Do List" was prepared solely by ESO and is does not represent all of the issues that the School Board and local government must address. We recognize that there are a number of initiatives being developed within Essex County Public Schools. We ask the School Board and the Superintendent to continue to encourage individual creativity and initiative. We believe that our school system employees, the citizens who provide the essential education and support services, are the best sources for innovations, improved procedures, and greater efficiency.
John Clickener
Wednesday, January 15, 2014
Board of Supervisors – 2013 Accomplishments and “2014 TO DO LIST”
For both the review of 2013 Accomplishments and the "2014 TO DO LIST" the Board of Supervisors and the Essex County Government are considered to be the Legislative/Policy/Finance part and the Executive/Administrative part of county government. Some elements of county government are established by the Commonwealth (Constitutional Officers) and operate in direct support of Essex County.
Only major items affecting open government, transparency and best practices in financial management are included in the lists below.
ACCOMPLISHED DURING 2013
1. Employed Reese Peck as Essex County Administrator. Mr. Peck is a strong supporter of open government and transparency. He is accessible and has been very quick in responding to requests for information that should be in the public domain. He is working to ensure that all Departments are fully aware and trained to provide access to public records.
2. Recruited skilled professionals to fill key positions in Essex County Government.
a. An Information Systems Manger was hired after a thorough recruitment and interview process. Major improvements in information management systems have been initiated:
(a) A contract for a much improved County web site.
(b) Greater capacity for the current on-line functions for the Treasurer's Office and the Commissioner of Revenue's Office is being developed.
(c) Interdepartmental sharing of digital documents.
(d) Greater online access to records.
(e) Considerable savings will be realized thru reduced supply costs, reduced communication expenses, and improved staff efficiency.
b. An experienced Director of Administrative Services (Human Resources, Financial Management, etc.) was recruited and hired. This position will lead to significantly better internal controls, improved purchasing, establishment of proper classification of revenue and expenditures, the elimination reoccurrences of the lack of accountability and control over restricted accounts such as the "Drug Forfeiture Funds" which the Sheriff and the County Administrator resolved.
c. An experienced Facilities Manager was hired to ensure that the County's investment in facilities, improvements, grounds, and equipment was properly maintained. Much of the backlog of critical previously unidentified and critical deferred maintenance has been addressed within the current budget. Plans are being developed for a Comprehensive Scheduled Building Maintenance Program, a schedule for vehicle and equipment replacement which will support future budget planning and development, and a Preventative Maintenance Program for lighting, HVAC, plumbing, and other utility systems and services. Input from the county employees and the pubic regarding repairs and maintenance are encouraged.
3. Initiated conversion to a new Board of Supervisors (BOS) Meeting Agenda System. In conjunction with the School System the BOS will begin using Board Docs beginning in February 2014. Board Docs is an integrated digital meeting agenda, supporting document, and minutes system. The joint use of the system substantially reduces the direct cost/per meeting for the system. Board Docs will provide a major improvement in open government and transparency because all of the documents supporting each agenda item will be available to the public online prior to each BOS Meeting. Equally important will be the significant cost savings in clerical effort, copying and distribution costs, and in office supplies. A future benefit of electronic meetings systems will be the availability of the public to view online video of the meetings.
4. Work was begun to Review and format the Essex County Ordinances to comply with the standards of the Municipal Code. The Essex County Ordinances will be accessible on the county web site as a searchable database. The County Code will be available online as a searchable database in late 2014. In the interim, a complete copy of the Code is available in the office of the administrative assistant to the County Administrator.
5. Improve the Budget Process. The Budget Planning Calendar was published in December of 2013.
6. Committed to developing a comprehensive Economic Development Plan and provide organization and the resources to implement the Plan. The initial conversion of the Industrial Development Authority (IDA) into an Economic Development Authority (EDA) was initiated. The plan will emphasize the support and development of established local businesses in addition to the recruitment of new industries and services to locate in Essex County. The plan will also utilize the Chamber of Commerce, Main Street Program, RivahFest, local media, and other resources to promote the expansion of job creation and increased local income.
TO DO LIST FOR 2014
1. Further Improve the Budget Process and Access to the Approved Budget. A 2013 survey by the Virginia Coalition for Open Governments of county and town budgets identified 26 localities which received an "F" grade. Essex and Middlesex Counties are the only nearby localities that did not provide adequate online access to their budget (and include sufficient information to understand the sources and specific uses of funds). There is essentially no cost to publish comprehensive online budget data which includes assumptions, rationale, and explanations of changes from the prior year. Essex County Government should ensure that the entire budget development process is open to the public and not just hold a single public hearing immediately before submitting the budget to the Board of Supervisors.
2. Establish High Speed Internet Access in Essex County. Participate in the establishment of a regional initiative to provide local universal citizen access to digital communications. Provide funding to deploy the system. Continue to seek local super high speed access for business and government digital communications.
3. Implement Evening Hours for All Regular Board of Supervisors Meetings. Many citizens are unable to attend daytime meetings. Scheduling all regular meetings would allow citizens to attend and participate in the local government process.
4. Conduct a Wage and Benefits Survey of the Surrounding Counties. A current survey is an essential tool in determining the fairness of local government employee compensation. Special attention should be given to the fairness and adequacy of law enforcement personnel and other first responders.
5. Ensure that All Subdivisions are Afforded Equal Protection by County Ordinances. The Board of Supervisors should ensure that persons living in subdivisions are made fully aware of the proper process to seek a public hearing.
6. Provide funding and staffing to establish a TRIAD Program to benefit the citizens of Essex County, particularly the elderly. Nearby counties have established highly successful TRIAD programs. This community based program is lead and managed by volunteers with participation by local law enforcement. The main cost requirement would be to increase the dispatcher capability. In the opinion of ESO there is already a need for increased dispatch capacity.
7. Engage a new Outside Auditor for the County. Best practices and the County Policy Manual – Budgeting specify the periodic change of the Outside Auditor. Best practice is a three (3) year engagement. The Policy Manual specifies four (4) year limit. The current Outside Auditor has been engaged by Essex County for four (4) years.
The foregoing "To Do List" was prepared solely by ESO and does not represent all of the issues that the Board and local government must address. We recognize that there are a number of initiatives being developed by the various Departments within our County Government. We ask our Board of Supervisors to continue to encourage individual creativity and initiative. We believe that our county employees, the citizens who provide the essential government services, are the best sources for innovations, improved procedures, and greater efficiency.
John Clickener