CREST HAVEN — Future reappointments of senior county personnel will be discussed well in advance of the day freeholders vote on those resolutions.
The stage was set for the new policy after a discussion of Cape May County Purchasing Agent Kim Allen’s three-year reappointment took place Tue., July 12 after Freeholder Gerald Thornton “expressed some reservation with the appointment of senior county officials without some opportunity for the board to have a discussion.”
In December, before Freeholder M. Susan Sheppard joined the board, a similar disagreement spearheaded by Thornton took place over the reappointment of Administrator Stephen O’Connor for five years.
By resolution, Allen’s new term of three years will begin Aug. 26, 2011 “at a salary fixed by the Salary Resolution.” As of January that annual salary was $64,680.
As county purchasing agent, Allen oversees the department that procures everything the county buys, paper clips to snow plows.
Thornton was quick to underscore, “We are not trying to say anything against Kim Allen, I’m against the process.”
The five-member board, he said, did not have an opportunity to discuss in closed session the reappointment.
Such personnel matters are included in the state’s Sunshine Law as a reason to exclude the public. An exception may be made, however, if the individual about whom the discussion will focus, gets prior written notice and agrees to have the discussion take place in a public setting. That is known as a “Rice Notice.”
“There is no reason for me to embarrass Kim Allen to a senior appointment,” said Thornton. He added it should “not be arbitrarily decided when someone is reappointed time after time. Everybody should have an opportunity to express themselves. I want to emphasize I am not against her appointment, I’m against the process.”
“I don’t like the way the process is done. I don’t know if it’s better for three or five years,” said Freeholder M. Susan Sheppard.
Sheppard stated she had no problem with Allen’s reappointment.
“As a body we should have some procedure to discuss senior appointments,” Sheppard added.
Thornton asked how many years was Allen’s reappointment since it was not indicated on his agenda.
O’Connor replied the resolution had three years written, but it would be left to the board to decide whether the term should be longer.
“This is a difficult procedure. In the county, job performance is left to every freeholder to determine if the job is being done,” said Sheppard.
In Allen’s case, that freeholder is Director Daniel Beyel.
Beyel admitted there was no evaluation process in place, but the decision to recommend reappointment was left to each freeholder, since each oversees departments.
“In this case, it is why I recommended tonight the three-year current appointment,” said Beyel.
He noted “no complaints about her (Allen) from members of the board or the public. I have heard compliments from municipalities and citizens,” Beyel added.
“Based on what I had heard there was no reason to believe there was any issue,” said Beyel. “I recommended it be put on the agenda, it was normal routine,” he added.
“She has performed over the last three years,” said Freeholder Ralph Sheets. “I don’t see a problem. In our departments, if someone is not performing, they are not put up for reappointment. If they are not doing their job, they would be removed,” said Sheets.
“Again, making the appointment is somewhat contrary to your position,” said Thornton. “If there was any reason to resist the appointment, I would be very hesitant to speak in public, because I would not want to embarrass that person in public unless it was necessary. I believe the process is flawed if the freeholders cannot express themselves.”
Again, Sheppard agreed with Thornton and urged the board “move forward with this appointment, but I’d like to see the procedure change.”
O’Connor said in reality most senior personnel serve more than just their freeholder department liaison, and in fact work for the entire board.
“Any freeholder can say ‘I have reservations,’” said O’Connor.
From the aspect of labor relations, O’Connor cautioned that issuing a Rice Notice for every department head, when time comes for reappointment, could have a “demoralizing effect” on the staff since it might give freeholders time to “express some disenchantment.”
“To say every appointment that comes up would be Rice noticed and discussed in closed session about their performance can have a demoralizing effect,” O’Connor warned.
Beyel offered to give all board members a list of senior appointees through year’s end whose terms are about to end.
Thornton suggested the board be given a minimum of 30 days prior notice of anyone being reappointed, not the Friday prior to a meeting at which action is to be taken on the appointment.
Contact Campbell at (609) 886-8600 Ext 28 or at: al.c@cmcherald.com
