Commissioner Biff Farrar recently made no bones about the fact that he has a problem with County budget matters being railroaded from the financial department straight to the full Commission.
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Commissioner Biff Farrar recently made no bones about the fact that he has a problem with County budget matters being railroaded from the financial department straight to the full Commission.
Farrar said during last week’s Rules and Legislative Committee meeting, which he chairs, that budget matters with a high price tag, like the juvenile detention center, should be discussed openly during committee meetings, first. Then recommendations can be made as those committees have discussed thoroughly the issue.
Farrar read a letter during last Tuesday’s committee meeting that he received from County Attorney John T. Bobo. He explained about the County adopting as its management system the 81 Act. Essentially, there are four committees required, within that Act, outside the full Commission-financial, rules and legislative, property and public safety.
Bobo said in his letter to Farrar that he believed the Commission has taken the proper steps by appointing the current Financial Management Committee. Farrar said that’s all fine but he’s primarily interested in a budgetary subcommittee, which many other counties have implemented.
Commissioner Greg Vick asked Farrar, “Why is it you want to change this committee?”
Farrar repeated that he’s not wanting to change the current standing financial management committee. He said some commissioners have been wanting to be on the budget committee and there wasn’t space for them. (TCA allows for 7.)
Farrar then read TCA Code 5-21-105, which says subcommittees can be added to the seven-member Financial Management Committee. Current Finance Committee members, in addition to County Mayor Chad Graham, include Commissioners Janice Brothers, District, 3; Scott Johnson, District 5; Linda Yockey, District 5; Tony Smith, District 2; Bedford County Schools Superintendent Tammy Garrett; Roads Superintendent Mark Clanton. Finance Director Robert Daniel attends those meetings from the financial office.
Farrar advised other commissioners, John Boutwell, Troy Thompson and Diane Neeley have expressed wanting to be a part of the Financial Management Committee.
He further advised, “I think they have a right. They have a right to be in there. I don’t see why they can’t have two or three overseeing the budget process, the committee and these five.”
Whether it’s legal or not, Farrar explained, is to be determined. “I don’t see one thing wrong with it. The Financial Committee is taking exception to it and that’s fine. They do what they want to do.”
Committee member Vick took the group back to the origins of the ’81 Act. He mentioned there are 25 area counties now under this act.
“Until 2006, this County operated with the very same thing you’re talking about-a budget committee,” said Vick. “The reason that the Commission voted to go under the ’81 Act was because their bond rating was in the toilet, there was a department head who had been embezzling funds of over $100,000; he went to jail. The schools were falling down. Portables were being put up. Property values were plummeting. The Comptroller said you’ve got to do something . . . .”
Farrar said that is correct. He added there were more embezzlements than that over the years.
Vick then added about how things in the financial area has changed for the better. He mentioned that the County’s Moody Rating (credit rating) is now AA-3-the highest it’s ever been. This means the County has a very strong creditworthiness, based on Moody investment standards.
Vick said very few people show up for the Financial Management Committee meetings, which are held on the fourth Tuesday at 4:15 p.m. Some Commissioners stated later in the meeting that the Financial Management Committee meetings are held too early and that time frame does not accommodate working people.
These meetings are live streamed and recorded for later viewing on YouTube Government. Financial Management Committee member Linda Yockey said they changed the time temporarily for a month once and no one still attended.
Vick reminded Farrar their respective committee spent a lot of time and tax payer dollars on legal assistance last year when updating the County’s by-laws. He questioned Farrar as to why now, 60 days post by-law approval, that he’s wanting to make a change.
“I’m not changing the makeup,” said Farrar. “I’m forming a separate, special committee. I’m not changing, anything, Commissioner Vick.”
Vick said it takes 2/3 vote from the Commission for Farrar to make such changes. He asked Farrar if he was prepared to go back and get that 2/3 majority vote and re-write the by-laws.
(Chair Farrar and Commissioner Yockey reworked the by-laws for months.)
“I appreciate getting more people involved. I think we all should be involved in it but I think this is the process you’re going to have to go through before we go much further. You’re going to have to decide,” said Commissioner Vick.
Farrar was asked about the opinion of Charlie Curtiss, executive director at TCCA (Tennessee County Commissioner’s Association.) Farrar said though he’s talked to Curtiss, he has not been able to render an opinion because of being involved in the state legislative session.
Commissioner Anita Epperson, a member of the Rules Committee, said she believes that Curtiss should look over the by-laws, as he’s the county government expert. “I don’t see anything wrong with changing the by-laws, apparently you would have to take two sentences out . . . . To me, if you’ve got extra eyes looking at anything to do with finances or the budget, that’s always good-unless there’s something you don’t want somebody else looking at it. But to me, it’s always good if you have extra people. I don’t have a problem with it.”
Commissioner Drew Hooker addressed the committee from the crowd and said he’s been researching this issue with other counties that operate under the ’81 act and he found a “significant number” of them do have a separate budget committee.
He said reason being is there are certain department heads that are mandated by TCA code to serve on the financial management committee-school superintendent, road superintendent and the county mayor. Hooker said a separate committee is in place out of concern for conflicts of interest.
He said that’s probably why Charlie Curtis led the Commission down this road during discussions at a previous Commission session.
He said secondly, looking at it from a whole, this is a legal process but allowed under the ’81 Act. He mentioned several TCA sections, which lays it all out as a process-but one that’s allowed.
He said the question to ask is if language in Bedford County’s by-laws supersedes what the Commission can do under the TCA Code. He advised Commissioners to really look at this issue, because it is clearly laid out in TCA.
Commissioner Vick asked Hooker to name counties he talked with about this issue. Hooker said the main one was Dyer County.
Commissioner Yockey asked Farrar what his specific concerns are with the current Financial Management Committee.
Farrar said last May, a bundle of monetary needs passed through to the full Commission without standing committee recommendation. He mentioned a previous firing range resolution never came through committee. He said the list goes on and on, including the current proposed juvenile detention center, which is a big issue involving transparency.
“That’s some of the problem I have, railroading things through, straight from finance to commission, without going through the proper standing committees,” said Farrar.
He added, “I don’t have anything against anybody on that committee. I just don’t think at times there’s enough questions asked and enough scrutiny placed on Robert Daniel [BC finance director.]”
Rules Committee Member John Boutwell made a motion the issue be deferred for 30 days until more legal consultation, i.e., from the TCCA, could be obtained. Commissioner Bill Anderson seconded that motion.