At tonight's commission meeting, commissioners will consider a proposal to pay the back raises to all Court Clerk, Lisa Niles, employees. Ms. Niles has a two year long law suit against the county tax payers demanding more money and employees for her office. During this time, Niles employees have not received their annual raises because Ms. Niles has continued to refuse to sign her salary agreement with the county.

Commission chairman, Steve Harrelson, is proposing that commission take whatever action necessary to pay those employees their back raises inspite of Ms. Niles attempt to prevent it.

Commissioners will vote on the issue at the meeting. If approved, all Ms. Niles employees will receive their due raises immediately. Total estimated cost of the raises $27,059.00.

Below is a copy of the resolution that will be before the commission Monday. The resolution also asks Ms. Niles to sign a supplemental salary agreement to acknowledge the payments to her employees. However if Ms. Niles doesn't sign the agreement, the employees will still receive their back raises.

RESOLUTION

A RESOLUTION TO APPLY COST-OF-LIVING ADJUSTMENTS TO THE WAGES OF

CIRCUIT AND SESSIONS COURTS EMPLOYEES

AS APPROVED BY LOUDON COUNTY COMMISSION IN FY 2015, FY 2016, AND FY 2017,

IN THE ABSENCE OF APPROVED LETTERS OF AGREEMENT OR JUDICIAL RULING

            WHEREAS, pursuant to Tennessee Code Annotated, Section 8-20-101(c)(1), when fee officials of Loudon County agree with the number and compensation of deputies as set forth in the budget adopted by the County Legislative Body, the County Mayor and the officials have prepared and executed letters of agreement setting forth the fact that they have reached an understanding in this regard; and

            WHEREAS, in the event the aforementioned agreements are not reached, within thirty (30) days after the final adoption of the budget for the fiscal year, fee officials of Loudon County have filed petitions to a judge or chancellor to determine the need to employ additional deputies; and

            WHEREAS, cost-of-living adjustments that are approved during the adoption of the budget for the fiscal year have not been applied to wages of employees of fee officials in the absence of fully executed letters of agreement or judgements issued in response to petitions filed by officials; and

            WHEREAS, Loudon County Circuit/Sessions Court Clerk filed a petition for additional deputies and to increase wages of current deputies within thirty (30) days of adoption of the FY 2014-2015 budget; and

            WHEREAS, to date, there has been no ruling on the Circuit/Sessions Court Clerk’s petition for additional deputies and to increase wages of current deputies; and

WHEREAS, the most recent fully executed letter of agreement between the County Mayor and the Circuit/Sessions Court Clerk is for the 2013-2014 fiscal year; and

WHEREAS, Loudon County Commission has approved cost-of-living adjustments as follows:  FY 2014-2015 - 2% for all full-time and part-time employees with a minimum of 1 year tenure; FY 2015-2016 – 2% for all employees; and FY 2016-2017 – 2% for all employees; and

WHEREAS, employees of Circuit and Sessions Courts have not received the three referenced cost-of-living adjustments due to the fact that the Circuit/Sessions Court Clerk has refused to sign letters of agreement with the County Mayor and a judgement on the petition has not been issued; and

WHEREAS, Loudon County Commission is sympathetic to the fact that employees of Circuit and Sessions Courts have not received cost-of-living adjustments as approved and desires to increase the wages of these employees, in the absence of approved letters of agreements or judicial rulings; and

WHEREAS, Loudon County Commission does hereby reference the attached agreement  (Exhibit A) between the County Mayor and the Circuit/Sessions Clerk to indicate the County Legislative Body’s intent regarding employees of Circuit and Sessions Courts.

NOW, THEREFORE, BE IT RESOLVED:
 

1.     That Loudon County Commission hereby directs and authorizes Loudon County Budget Director to increase wages of Circuit and Sessions Court employees in the amounts they would have been adjusted in FY 2014-2015, 2015-2016, and 2016-2017 had letters of agreement been fully executed according to the budget adoption process in each fiscal year, respectively.
 

2.     That Loudon County Commission extends this wage adjustment to employees who may have resigned his/her positions since the beginning of FY 2015, but who would have been eligible for approved cost-of-living adjustments had employment continued uninterrupted.
 

3.     That Loudon County Commission also references the attached Summary of Wage Adjustments (Exhibit B) indicating wage increases by employee classification for each fiscal year. 

Disbursement amounts to all employees for FY 2015 and 2016 are based on the actual number of hours worked during those fiscal years.  

FY 2017 estimates for full-time employees are based on 2,080 annual working hours and do not include payment of overtime nor accumulated annual days in the event an employee resigns. 

Some part-time employees do not work a consistent schedule; therefore, the amounts disbursed to part-time employees for FY 2017 will be dependent on the number of hours worked. 

Hourly rates of all employees will be adjusted according to the approved cost-of-living adjustment and will be reflected in bi-weekly paychecks as FY 2017 progresses.
 

4.     The total estimated disbursement is $27,059.92.  
 

5.     That Loudon County Commission does herewith submit the attached agreement (Exhibit A) to Loudon County Circuit/Sessions Court Clerk for consideration of execution with Loudon County Mayor to increase wages of Circuit and Sessions Court employees as indicated in number one (#1).
 

6.     While Loudon County Commission invites the Circuit/Sessions Court Clerk to approve the agreement (Exhibit A), the authorization conferred upon the Loudon County Budget Director as indicated in number one (#1) is not dependent on the clerk’s execution of the agreement. 
 

NOW, THEREFORE, BE IT FINALLY RESOLVED that this Resolution shall take effect from and after its passage, and shall be spread upon the minutes of the Board of County Commissioners.

            Passed the 1^st day of August 2016.

                                                                        ___________________________________

                                                                        Loudon County Commission Chair

                                                                                    ___________________________________

                                                                        Loudon County Mayor

Attest:

___________________________________

Loudon County Clerk