JUVENILE EMPLOYEE BILL IRKS OFFICIALS

JACKSON -- The Cape Girardeau County Commission likes the idea of making juvenile court workers employees of the state. But it doesn't like the legislation that would achieve that goal.

"There would be absolutely no gain for us and the juvenile employees in our circuit," said Presiding County Commissioner Gerald Jones.

Under House Bill 474, juvenile employees in 35 of Missouri's 45 judicial circuits would become state employees rather than county employees. However, the measure also would require counties to set aside money now allocated for juvenile workers' salaries for use in other juvenile programs.

Rep. Phil Smith, D-Louisiana, sponsored the bill, which the House Civil and Administrative Law Committee approved last week. Smith chairs that committee.

The bill hasn't been scheduled for discussion by the full House.

Smith said making juvenile employees state workers is long overdue. They have been in limbo for several years, under control of neither the state nor counties, he said. Judges and other court workers have been state employees for some time.

The Cape Girardeau County Commission listed the change in county juvenile employees' status as one of its priorities for this session of the General Assembly. However, the commission believes that if the state takes control, sticking counties with the cost would be an unfunded mandate.

Smith said he was unaware of the commission's concerns.

"If they have any problems we are not aware of, they need to be contacting us," Smith said.

Jones testified in Jefferson City during a public hearing on the bill.

Cape Girardeau County is part of the 32nd Judicial Circuit, which includes Bollinger and Perry counties. All three counties are responsible for the expenses of juvenile court operations, with each county's contribution based on population. Cape Girardeau County contributes 60 percent of funding while Perry and Bollinger counties respectively contribute 25 and 15 percent. Total funding for juvenile court operations for the current budget year is $607,764, including $438,244 for salaries and $151,257 for other expenses.

Under HB 474, while juvenile employees would receive state paychecks, the amount counties currently allocate for salaries would be frozen for what Smith called "maintenance of effort." That money could be spent at the discretion of the circuit's juvenile judge without approval from the county commissions.

Jones and fellow Commissioners Larry Bock and Max Stovall are concerned the money could be spent frivolously.

"Even though our judges in Cape County are extremely cooperative with the county commission, that is certainly not the case throughout the state," Jones said.

The Missouri Association of Counties lobbied for a change to reduce the amount set aside for maintenance of effort, but Smith said the change didn't make it into the version approved by his committee.

"By state statute, the county commission is responsible for the budget of the county," Jones said. "This would take a half-million dollars and turn it over to the circuit court. We just don't feel that is right. You could see a lot of ridiculous things happen with that money."

If the county is required to provide money for juvenile programs, it wants final say on how the money is spent.

Counties would still be responsible for other juvenile court costs, including equipment, facilities and vehicles, which the commissioners have no problems with. Counties are already required to pay such costs for the adult divisions of their local judicial circuits.

Rep. Patrick Naeger, R-Perryville, said the state shouldn't take away control of county funds.

"I think this is an issue we need to be looking at, and hopefully come up with a solution that works for everybody," Naeger said.

However, he said juvenile workers should enjoy the same status and employee benefits as other court system workers.

Juvenile officer Randy Rhodes said the status of juvenile employees is vague.

"I've agreed all along with Gerald Jones that either the state should get in or get out of the juvenile court system," Rhodes said. However, he has some concerns about the juvenile courts coming fully under state control.

"I worry about accountability. I like to be accountable to the local community. If we become accountable to the state, I worry they will come down with rules and guidelines and dictate that we operate like St. Louis and Kansas City," Rhodes said.