On November 12, 2013, Cook County commissioners approved temporary out-ofclass wage increases for Molly Hicken and Jeanne Smith of the County Attorney’s office. According to county policy, out-of-class assignments are only allowed for six months, but can be renewed. On April 15, 2014, Jeanne Smith, acting as assistant county attorney, made a request for a renewal.
The original request for out-of-class pay was made after County Attorney Tim Scannell had been on medical leave for about a month. Scannell left on medical leave on October 15, 2013, just one week before a grand jury in St. Louis County indicted him on two felony counts of criminal sexual conduct related to his relationship with a 17-year-old Cook County girl.
Attorney Smith said, “We don’t make this request lightly or with any ingratitude. We appreciate our jobs and enjoy our work.”
The county attorney office staffers requested the same out-of-pay amounts as before. For Smith, who was working as victim witness advocate and paralegal, the increased duties of serving as assistant county attorney warranted an increase from $37,972 to an annual rate of $60,763. Hicken’s salary for fulfilling the county attorney duties garnered an increase from $69,500 yearly to an annual rate of $79,687.
The increase for Smith was based on her workload of general legal assistance to department heads; child and adult protection for Public Health and Human Services (PHHS); attendance at county board meetings; and matters before the county board including citizen requests, contracts, planning and zoning, and soil and water.
The increase for Hicken is based on her responsibilities such as all criminal matters, adult or juvenile delinquency; initial review of all criminal reports for charging; crime victim notification and witness coordination; PHHS licensing issues heading toward hearings/ appeals; and zoning enforcement.
Commissioner Heidi Doo-Kirk made a motion to approve extending the out-of-class pay for Smith and Hicken. Commissioner Bruce Martinson seconded the motion, which carried unanimously.
Commissioner Garry Gamble added that some constituents may question the increased wages because the county board had also authorized up to $10,000 for outside legal assistance in February 2014. However, Gamble said he had checked with the auditor’s office and the county has only used $2,400 of that amount. Gamble said the county is doing what it must to keep the county attorney office functioning.
Elected officials such as the county attorney have no set work hours, vacation time, or sick leave. County Attorney Scannell will continue to be paid his full salary while he is on medical leave.
County not comfortable sharing attorney
Auditor Braidy Powers presented a letter from Attorney Bob Toftey of Fryberger, Buchanan, Smith & Frederick of Duluth regarding a possible conflict of interest regarding his work for Cook County and the Cook County – Grand Marais Economic Development Authority (EDA). Toftey has worked for both the county and the EDA on bond issues and is currently working with the EDA on bonds to fund golf course improvements. His letter asked commissioners to sign a form giving their consent for his continued representation of both entities.
A similar letter was presented to the EDA at its April 8 meeting. After only brief discussion, the EDA board passed a motion to sign the letter acknowledging the potential conflict and agreeing to continue to work with Toftey.
The county did not follow suit. Commissioner Sue Hakes said although she had the highest respect for Attorney Toftey, she didn’t know if it was in the county’s best interest to sign the letter. Commissioner Gamble concurred, noting the paragraph that stated, “Because we regularly represent the county in providing bond counsel services to the county and have represented the EDA, should a dispute subsequently develop concerning the terms and conditions of the documentation, or should an event of default occur under the Loan Agreement, we would not be able to represent either party against the other with respect to such matters. Finally if a dispute arises requiring either of you to retain an attorney, you will incur additional attorneys’ fees because your new attorney will need to become familiar with the background facts and documentation in this matter.”
Commissioner Doo-Kirk pointed out that it says “if ” a dispute arises. “Do we have to decide this today, when there is no dispute?”
Commissioner Gamble said he didn’t want the county to get to that point. He said the county should follow “best practices” and not work with Toftey if there is a possibility of conflict of interest.
Commissioner Doo-Kirk, who is the county representative on the EDA board, said, “The EDA approved this. They understand the conflict and they’re okay with it.”
County Board Chair Jan Hall said, “I don’t think we should wait until there is a conflict to bring someone in. We need to get someone in and get them up to speed.”
After further discussion, the board passed a motion to decline signing the letter, based on best practices.
Commissioner Martinson noted that this might mean that the county will have to pay for additional legal services if it works with the EDA on tax abatement bonds for golf course improvements. Auditor Powers said if the county proceeds with bonding those costs would come out of bond funding.
Martinson said, “Even though we don’t hire a person right now, maybe we should ask Braidy and Jeanne Smith [of the county attorney’s office] to find someone.”
In other business
. Auditor Powers asked for authorization to purchase a desk that allows an auditor’s office staff member to stand or sit while working. Powers said he could transfer the $843 from the professional services account because he anticipated using less of that fund for the upcoming audit. The board passed a motion authorizing the purchase.
. Liquor licenses were renewed for nine businesses: Clearwater Lodge; City of Grand Marais, Gunflint Hills Golf Course; Loon Lake Lodge; Sawbill Canoe Outfitters; Seagull Canoe Outfitters; Cook County/ Grand Marais EDA Superior National at Lutsen; Trail’s End Café; Tuscarora Lodge; and Voyageur Canoe Outfitters.
. Emergency Management Director Jim Wiinanen invited commissioners to the Emergency Services Conference to be held April 25 – 26, beginning at the Cook County Community Center. He said the main theme of this year’s training is communications in light of the county’s move to the Allied Radio Matrix for Emergency Response (ARMER) system.
. Following the recommendation of the Cook County Revolving Loan Fund committee, the board approved a loan of $10,000 to Java Moose for improvements to the coffee shop. The $50,000 project will replace windows and install a new furnace. It is also funded by a $35,000 grant from the Minnesota Small Cities Development Program and $5,000 from the owners.
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