Counties Curtail Defenders’ Benefits

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“State Benefits were just out of control”

Will Some Public Defenders’ Employees soon have County Benefits? This is the question of the day. The issue of whether to move Public Defender’s Benefits from State Benefits to County Benefits has been gaining speed since November and will soon reach fruition.

At a November 8th Tri-County Commissioners’ Meeting in Ellijay, Appalachian Circuit Public Defender Mike Parham and Georgia Public Defender Standards Council Executive Director W. Travis Sakrison presented their budget to the three counties of the Appalachian Circuit, which includes Gilmer, Fannin, and Pickens Counties. The commissioners and financial officers were present at the meeting to hear the presentation and discuss the matter. Each of the three counties pays a third of the salaries and benefits for a portion of Public Defenders Employees. As such, Sakrison and Parham urged the Counties to keep their employees under State Benefits. However, in the face of cost increases for these employees, the counties unanimously agreed to move the employees from State Benefits to County Benefits, due to the lower cost of County Benefits.

During a December 16th Gilmer County Board of Commissioners (BOC) meeting, the Board further discussed the issue. County Financial Officer Faye Harvey said this shift of benefits from State to County Benefits will only effect the eight employees who are State-paid and reimbursed by the Counties. County Attorney David Clark added that the change does not include the Public Defender, the one Administrative Assistant or the Chief Investigator for each county.

“When we got this budget proposal,” Harvey said, “, the total of salaries was about $422,000. But, the total cost of their benefits and the administration fee added 56.9 percent to that cost. So, we were having to pay $670,000 for eight people. And those State Benefits were just out of control, I think,”

Harvey estimated that moving these employees from State to County Benefits will save each county approximately $60,000. According to the discussion, the counties have decided to use the Pickens Benefits package; the counties will then reimburse Pickens for their share of the cost.

Although Commission Chairman J.C. Sanford said that he thought

“this is the way to go,”

Attorney Clark brought up the legality of the agreement. When he asked if a contract has been signed with the Public Defenders’ Office, Sanford said,

“Nobody has signed a contract.”

As such, Gilmer County says that the agreement is not final until all three counties submit an official document. Despite the lack of paperwork, Fannin County Clerk Rita Kirby said that as far as she’s concern,

“it’s a done deal.”

In fact, Kirby told FYN that Pickens Chief Financial Officer Mechelle Champion is already preparing packets for the eight employees. Champion, however, could not be reached to confirm this.

Appalachian Public Defender Mike Parham respectfully disagrees with the decision.

“I know it was not an easy decision to make,” he told FYN, “but in my opinion it was the wrong decision to make. The savings will not warrant making the changes that will deprive these employees the vesting of their state retirements.”

He added that, although he disagrees with the decision, he trusts the wisdom of the County Commissioners.

When asked among other things if this shift in benefits has ever been done before, Sakrison’s office issued an evasive statement: “Our goal is to do whatever we can to maintain the highly effective representation in the Appalachian Circuit. We are continuing discussions with Fannin, Gilmer and Pickens Counties in the hopes of reaching a solution.”

Despite Sakrison’s evasive maneuvers, the decision spawns several significant questions:
1) Does this shift from State to County Benefits set a precedent?
2) If so, can citizens across the State and Nation see similar shifts?
3) Does this mark a new empowerment of local governments?

FYN will follow this story as it develops.

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