Feeling it better to have an entire commission vote on a contract for a county counselor, a short-handed Barton County Commission tabled the important action until its next meeting a week from Tuesday.

On the agenda this week was the option to pick from two proposals for the position, created a year ago after the resignation of long-time County Administrator Richard Boeckman who had filled this role. Proposals came from current Counselor Carey Hipp of Ellsworth and Allen Glendenning of Great Bend.

Under the proposals, the counselor provides legal services as required by state law, but excludes the duties of the county attorney, said Operations Director Phil Hathcock. Sought were bids for both flat monthly rates and hourly rates.

Hipp’s monthly rate came in at $4,500 ($54,000 annually) and her hourly rate was $180 with an $1,800-per-month minimum. Glendenning’s proposal called for a monthly rate of $4,800 ($57,600 annually) plus $175 per hour for the tax sale and other tax work, or $175 per hour with no minimum.

Commissioner Kenny Schremmer supported Hipp. “Whatever we asked her to do, she did.”

And, the bids were close. Also, both candidates were well respected and qualified,” Schremmer said.

But, he said, “there’s should be a full vote.” Commissioner Alicia Straub was not present Tuesday morning.

The three other commissioners present agreed and voted to delay action on the matter.

The discussion

Commission Chairwoman Jennifer Schartz said she felt the hourly rate would be beneficial to the county. “I think it would save us some money.”

But, Schremmer liked the idea of having a counselor present at meetings in case advice was needed on the spot. The counselor may not be available weekly if paid by the hour.

Also, “I feel Carey deservers the chance to give us another year or more,” Schremmer said. He didn’t like her having to worry about having her job approved on a year-to-year basis, adding perhaps a multi-year contract is in order.

Schremmer did, though, question the bidding process. Hipp’s initial proposal didn’t include an hourly rate as per the request, but she  was asked to amend her submission.

“Do we do this for every bid?” he asked. 

Schartz said since Hipp had worked so well with the county this past year, she was extended this courtesy.

It was also noted that Glendenning worked extensively with the commission in 2017. He advised commissioners regarding the assorted legal matters surrounding Boeckman and his departure.

Bids were sought in November because at that time, Hipp had indicated she may be taking another job and would be unavailable, Hathcock said. However, that didn’t materialize so she went ahead and submitted a proposal for the post.

Background

In January of this year, the county had accepted proposals for legal services to be provided by a counselor on only a six-month basis. Several applications were received, ranging from requests for $3,000 per month to $12,000 per month. 

Hipp came in at $3,000.

The commission hesitated to enter a long-term agreement until it understood how it things would work as it proceeded without hiring a new county administrator.

The counselor job was most recently handled by Boeckman. After his resignation, the commission deemed it better to hire a separate counselor.

Services generally include interpretation of law, advice on labor and employment matters, attendance at County Commission meetings and other duties as requested. Services will be civil in nature, with all criminal matters being handled by the County Attorney’s Office.

Hipp is a partner with the firm Sherman, Hoffman and Hipp of Ellsworth. 

In July, the commission thought it in the county’s best interest to renew the contract with Hipp for six more months. This came despite a suggestion from County Attorney Amy Mellor, who asked to move the counselor’s job to her office.

However, Schartz said Tuesday morning that after much discussion with the County Attorney’s Office, it was decided that this would not work. Hiring a county counselor was more cost effective than having to hire another full-time county attorney to handle the job.

The July independent contractor agreement with Hipp cost the county $6,000 per month for six months ending Dec. 31, which was double the $3,000 per month she initially agreed to in January. The original agreement ended June 30 with the option to renew.

The initial agreement with Hipp for $3,000 a month was based on her working five hours a week. But both the commission and Hipp realized the work was more involved than originally thought, so the new agreement was based on 10 hours a week.