TO: Board of Supervisors

FR: Paul S. McCulla, County Attorney

RE: Constitutional Officers/Memorandum of Agreement

DATE: February 4, 2004

 

MEMORANDUM

 

            The Constitutional Officers for Fauquier County have requested that the Board of Supervisors supplement their salaries, and the salaries of their staff, in exchange for their agreeing to place their offices under certain of the County’s policies and regulations.  Historically, the Board has agreed for a minimum of the last two terms of the constitutional officers to supplement the salaries of the constitutional officers and their employees.  The proposed agreement:

 

  • Recognizes that all employees of the constitutional officers are employees of the officers and not the county regardless of who pays them;
  • Includes all constitutional officer employees in the county’s competitive service system for purposes of hiring, discipline, termination,  appointment, promotion, transfer, classification and compensation, except that the constitutional officers are not required to follow the county’s hiring policies when filling a “policy-making position, confidential or personal staff position, or special sensitive law-enforcement position normally regarded as undercover work.”  The agreement defines the “policy making position” as the chief deputy of the Constitutional Officer.
  • Except as noted above the constitutional officers agree that they and their employees will be governed by the county’s personnel, procurement, travel, finance and donation policies;
  • Requires the Board to classify, grade and compensate constitutional officer employees in conformance with the County’s uniform pay and classification plan;
  • Requires the Board to supplement the salaries of the constitutional officers in amounts determined by the Board; and
  • Permits the Board to use any additional Compensation Board funds to supplant the Board’s supplemental pay.

 

This draft Supplemental Pay Agreement differs from the last agreement, which expired on December 31, 2003, in the following manner:

 

  • Under the proposed agreement the constitutional officers are not required to follow county hiring policies and procedures when filing a “policy-making position, confidential or personal staff position, or special sensitive law-enforcement position normally regarded as undercover work.”  The phrase “policy making position” is defined under the agreement as the “chief deputy” of the constitutional officer.  Under the previous agreement constitutional officer was required to follow all county hiring policies and procedures regardless of the nature of the position to be filled.
  • Please note the Constitutional Officers have requested a one year term for the agreement which will require negotiation and approval of a new agreement on or before December 31, 2004.  The agreement sent forth by Supervisor Graham contains a four year agreement similar to previous agreement which would not require renegotiation.