The Clark County Fiscal Court began its new term by rescinding two orders to use excess fees from the county attorney and returning the funds.

During the Dec. 12, 2018, meeting, former county attorney Brian Thomas turned over $150,000 in excess fees from his office to the fiscal court, which was later split between a down payment for a new county fire truck and funds for the Sphar building.

Wednesday, with the new fiscal court and a new county attorney in place, the court voted 5-2 to return the funds to the county attorney’s office so newly-elected county attorney William Elkins has operating funds for his office.

Magistrates Travis Thompson and Robert Blanton cast the no votes.

William Elkins said the county attorney’s office is required to begin the calendar year with a zero balance and generates its operating funds by collecting fees through the year.

“There’s not enough money to hire an attorney or an assistant,” he said. “There may be accounts with small balances. this money was obviously being held by the county attorney’s office. Right now, there’s no funds to operate the county attorney’s office.”

The previous court voted 4-3 to use $100,000 of the funds as a down payment for a new tanker for the county fire department. Sheila McCord, who was the magistrate who made the motion, said having a down payment would reduce the lease payments and save about $40,000 in taxpayer funds.

Three of those who voted in favor of the allocations in December, Henry Branham, Pam Blackburn and McCord, are no longer on the fiscal court.

Wednesday’s meeting was the first for new Judge-Executive Chris Pace and magistrates Travis Thompson and Chris Davis. As the first meeting of the year and the first of a new administration, the court approved a number of routine matters including approving bonds for a number of county officials and appointing magistrates to committees and boards.

Several personnel matters generated most of the discussion including a proposal to appoint a new county road foreman at a pay rate higher than what is specified in the county’s compensation plan. Pace recommended hiring Allan Curtis as road foreman for a two-year term, as former road supervisor Kevin Wilson’s four-year appointment had expired.

Immediately, there were questions as to Curtis’ qualifications including whether he has passed the required test for the position as well as the proposed salary.

“There are certain qualifications that need to be met to be county road supervisor,” Blanton said. “My greatest fear is if we violate our own compensation plan.

Pace said he understood the plan allowed the court to approve higher salaries if warranted based on the person’s qualifications. He also said he did not know if Curtis has passed the test.

Thompson said the compensation plan ordinance was clear that new employees begin at step one of the pay grade assigned to the position. Thompson said step 1 for the county road supervisor would start at $45,619 annually. He said Curtis was offered about $55,000 instead.

Thompson said no evidence was offered with any of Curtis’ qualifications or experience, as required by state law. Thompson said he would have supported appointing Curtis as an interim for three months, provided he complete the necessary qualifications in that time, and then appoint him for the full term at the specified salary of $45,619.

Magistrate Daniel Konstantopoulos, who was involved in developing the plan, said it was agreed there could be changes to the plan.

Thompson argued the ordinance could only be changed by amending the ordinance, which requires two public votes.

“If you want to change the compensation plan, we certainly can but this isn’t the way to do it,” Thompson said.

Blanton made a motion to table the matter, which was seconded by Thompson, but it failed on a 5-2 vote.

It was immediately followed by a motion to appoint Curtis anyway to the full two-year term as road supervisor..

“You’re getting ready to violate county policy and a state law,” Thompson said. “Tread lightly.”

The matter was approved 5-2, with Blanton and Thompson voting no.

The same issue returned on items to hire Janet Townsend as deputy judge-executive. The position had not been filled when the compensation plan was approved and had not been assigned a pay grade, Thompson said.

“I completely support this position but until it exists, I can’t vote for it,” Thompson said.

The matter passed with a 5-2 vote; Thompson and Blanton voted no.

In other action, the court:

— tabled an item to move the fiscal court’s second regular monthly meeting to the fourth Thursday at 6:30 p.m. Pace said the idea is to make meetings more accessible to the public.

— voted to pay the bonds for judge-executive, county clerk, county coroner, county jailer and magistrates.

— established the amount of bonds requires for county constables.

— appointed Gary Epperson as emergency management director.

— approved an order re-hiring certain county employees and continuing their salaries.

— voted 5-2 to terminate the employment of Susan Mullen, Norma Shuler and Alicia Price from the judge-executive’s office.

— hired Donna Black as administrative secretary in the judge-executive’s office.

— hired Deanna Shelton as a part-time administrative assistant in the judge-executive’s office.

— approved a plan to reorganize and establish compensation for the county attorney’s office and an order for compensation for assistant county attorney Mitchell Berryman.