Request for three more Vigo prosecutors withdrawn

Jan. 18--A request to hire three additional prosecutors to handle major felony cases plus increase pay to deputy prosecutors by 5 percent was withdrawn at the urging of the chair of the Vigo County Council's personnel committee at Thursday's meeting.

The request would cost $348,909 for the three new felony prosecutor positions, each with salaries of $67,993 plus federal Social Security, Medicare, state retirement and insurance costs. The increase pay for deputy prosecutors, with benefits, would have cost an additional $60,930.

Additionally, an audit citation from the Indiana State Board of Accounts has park officials scrambling to fund a new maintenance position from a fee-based account for a year. The committee voted 2-1 to approve a new position and move the request to the full council in February.

Vigo County Chief Deputy Prosecutor Rob Roberts sought the positions to be funded through a new public safety tax. Roberts said a recent Vigo County Jail and criminal justice system assessment recommends Vigo County increase to two prosecutors in each of Vigo County Superior Courts 1, 3 and 6.

The measure is to more quickly assess and move cases through the court, Roberts told the council committee.

Roberts also said the prosecutor's office has had difficulty getting a position for a sex crimes prosecutor filled for the past six months. Roberts submitted 14 listings for job openings in other Indiana counties for major felony prosecutors or sex crimes prosecutor showing advertised salaries mostly ranging between $70,000 and $75,000, with some as high as $82,000.

Roberts said with a salary advertised below $68,000, it is difficult to fill those positions, adding even counties with advertised higher salaries are having difficulty filling positions.

Councilwoman Vicki Weger, who is committee chair, asked Roberts if he would withdraw the request and return in June to work with the council's 2020 budget committee to seek funding next year. Roberts said he preferred not to wait until next year, withdrawing the request with the understanding he may file the requests again this year.

"With our situation facing the jail, we did pass a public safety tax this past year. We have obligated from that fund to hire 27 jailers," Weger said. "The goal of the County Council this year has been to raise the base pay for Vigo County employees who have been neglected for many years, to try to get them to a livable wage. We've got folks working for $24,000 and $26,000," Weger said.

"I know you went to law school and bust your hump prosecuting criminals day in and day out. I recognize you for what you do. We also live under pay parity," adding the county has to match any pay raise to prosecutors with a pay raise to public defenders, Weger said.

"We played catch up on that last year," Weger said. "This year the council has an intention not to hire new people and not to raise salaries" except for a base salary increased approved in the 2019 budget, Weger said. "I would ask you if you would just go back and get your pencil out to reassign some of the duties and figure out a way to tighten your belt for now until June when we put a [2020] budget together," Weger said.

In another issue, Vigo County Parks Superintendent Kara Kish sought a transfer of $59,710 for a new full-time position, paid from a parks non-reverting fund, which is supported through park camping and shelter fees as well as items such as maple syrup sales. It is for a new parks maintenance position at Griffin Bike Park, with a salary of $31,068 plus benefits.

"It is in response to an urgent situation," Kish said. "For the past two years we have had work being done equivalent to our parks maintenance specialist positions at Griffin Park. Due to some recent transitions that we have had, we need to find a new way to fund that position in a hurry."

Weger said the county was cited in a Indiana State Board of Accounts audit over a contract issue in the parks, one that involved benefits.

Kish explained the audit to the committee.

"For the past two years, in order to meet the needs of the Griffin Bike Park, we were engaged in a contractual situation where the maintenance needs were met through a contractual agreement," Kish told the committee. "That was flagged through recent audits and we were informed we were not compliant with IRS rules," Kish said.

"We need that work to be completed and would like to move forward on a full-time position," Kish said, adding the bike park has 50,000 people attend annually and has received national recognition. Kish said the measure would give the park 12 months of maintenance and would seek a full-time position in the 2020 budget.

Weger said it is still a new position in the county, something the council seeks to limit.

Councilman David Switzer said the position does not involve new tax funds, moving to approve a new full-time position for the parks department. Councilman David Thompson seconded the motion. The voted to forward the request to the full council at its Feb. 12 meeting. Weger voted against the measure.

After the meeting, Vigo County Auditor Jim Bramble said the State Board of Accounts flagged a contract for the park's department as it did not meet criteria for a contractor. The contract had specified duties overseen by a county supervisor, plus equipment to be provided plus work was to be done at a specific park during a specific time. Those are requirements more for a full-time employee, not as a contractor, the auditor said.

"There is a list of 20 things that the Internal Revenue Service has for an independent contractor," Bramble said, adding many of the county contract specifications did not meet the federal guidelines. Because of that, the IRS considered the position to be eligible for benefits, which the county did not include.

"The best resolution is to have a full-time position and pay for the Social Security and Medicare," Bramble said, adding the county may have negotiate with the IRS to reduce or eliminate any past benefit liabilities.

Reporter Howard Greninger can be reached 812-231-4204 or [email protected]. Follow on Twitter@TribStarHoward.

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