Body cameras, caseload add to prosecutor’s office staffing requirements

The County Courthouse will be home to two additional assistant commonwealth’s attorneys in the wake of largely-unfunded state mandates. Royal Examiner File Photos/Roger Bianchini, Video by Mark Williams, Royal Examiner.

One of two items removed from the Consent Agenda at the August 6 Warren County Board of Supervisors meeting created a good deal of discussion. That was item 3, a funding request for a transfer of $112,420 from County Contingency reserves to pay for two additional attorneys in the Commonwealth’s Attorneys (CA) Office.

Happy Creek Supervisor Tony Carter requested that and item 8, awarding of a contract for Third Party Testing for “construction testing services” on the Rivermont Fire Department construction project, be removed for public discussion and explanation. The Consent Agenda includes what is generally considered routine business not requiring a public hearing or detailed explanation.

But Carter may have thought that $112,000-plus contingency transfer for additional prosecuting attorneys and an additional expenditure of up to $45,000 on the somewhat controversial costs associated with the new volunteer fire station bore some public board discussion.

And he was right.

As a letter from Assistant County Attorney Caitlin Jordan to the County Administrator dated May 19 included in the agenda packet explained, two changes made at the state level were responsible for the additional staff requirements in the county prosecutor’s office.

First was the state Compensation Board’s increasing of the Warren County CA’s Office staffing requirement by one attorney in its final budget approved on May 1. The Compensation Board agreed to fund $56,697 per year toward that entry-level assistant CA’s position cost of $84,558.50.

The County Attorney explained that position was added by the Comp Board due to the number of felony cases handled by the commonwealth attorney’s office. Whitten added that he believed the County CA office had requested the additional staffing due to caseload increases.

The second change was a budget amendment in House Bill 1700 approved by the State Legislature that requires a locality to add one entry-level assistant commonwealth’s attorney position for every 75 law enforcement body cameras in use in the municipality. That position will be responsible for reviewing the footage from those body cameras.

So adding the required local contribution of $27,861.50 for the Comp Board-required position to the full salary of $84,558.50 the County will have to cover for the legislature-mandated body cam review position equals the required Contingency transfer of $112,420 to cover the two salaries and benefits.

It was noted that the Warren County Sheriff’s Office has 18 body cameras and the Front Royal Police have 30, for a total of 48 in use in the county.

Shenandoah District Supervisor Tom Sayre was unwilling to totally give in to unfunded state mandates on commonwealth attorney staffing parameters.

Shenandoah District Supervisor Tom Sayre said it gave him “heartburn” to have to fully fund one of the attorney’s positions for only 18 body cameras being in use at the county sheriff’s office.

However it was noted by staff and several supervisors that unfunded mandates from the state legislature are nothing new; and as forwarded either as law or approved portions of the state budget the County has no choice but to comply and fund as required.

South River District Supervisor Linda Glavis also noted that since the Town is part of the County, those 30 additional cameras used by in-Town law enforcement would apply to the total body camera count for the county as a whole.

Despite that Sayre tried to amend Carter’s motion, seconded by Glavis, to fund both positions. Sayre’s amendment initially was to only fund one position. However, after it was pointed out the wording of the state budget amendment was that one attorney must be added “for up to 75 worn cameras” used in the community (and one additional for every 75 additional body cameras “thereafter”) Sayre adjusted his proposed amendment to postpone a vote. Archie Fox seconded Sayre’ amended amendment to the original Carter motion.

Sayre’s amended motion failed by a 3-2 vote with Sayre and Fox in the minority. Carter’s original motion then passed 4-1, with only Sayre voting in opposition.

Less discussion
When the parameters of the Rivermont Fire Station testing services contract requiring inspection and field laboratory testing of materials and site conditions of the H&W Construction Inc. project were explained there was little board discussion and no dissent.

The motion by Carter, seconded by Glavis, to approve the staff-recommended contract with ECS Mid-Atlantic LLC “not to exceed a price of $45,000” passed unanimously. The contracted services appear to fill a “clerk of the works” role in representing County interests that the construction project is accomplished along best practice standards.

The Royal Examiner’s camera was there and captured the discussion: