Over at Duvafiles, there is an interesting post on the ongoing situation with the so-called pay scandal involving pay increases for senior employees in county government. I have a different take on the issue from Bill Duvall, and feel that calling this a "scandal" -- or even attaching the nefarious 'gate' suffix -- might be a little overblown. But I also recognize there is plenty of room for debate.
Here are the basic facts of the dispute as they have been laid out. Apparently, as part of the supplemental budgeting process, County Exec Rick Pollitt decided that he wanted to reward certain department heads and senior employees with salary increases above the "county norm" that was applied across the board. He also decided to reward Ted Shea as well. The increases were added -- lump sum -- under a line item in the supplemental budget. The budget was reviewed by the Council and passed. Only after the fact was it "revealed" that this item was for above-the-norm increases.
Some have implied (or outright accused) Rick Pollitt of some subterfuge with an intention to mislead the council. That might be true. I don't know Rick Pollitt personally, but people I do know and who I trust implicitly have told me he is a hardworking, honest, and decent guy.
Also, when it comes to government people, when people suggest "conspiracy", I tend to lean towards incompetence. Conspiracies are just too hard to execute properly. With a nod towards Occam's Razor, it's always easier to be incompetent than conspiratorial.
So, I am willing to chalk this up to "incompetence", in the sense that the position of County Exec is brand new for county government in Wicomico-- it's new for Rick, it's new for the "staff", and it's certainly new for the Council. As such, they are going to stumble through these things.
Bill Duvall is right when he says that the County Exec can't spend money the council has not appropriated. The fact is here, the Council did appropriate the money-- they just didn't know what they were appropriating. Who's fault is that? Well, ignorance is no defense of the law, and perhaps the County Council should ahve been a little more muscular in examing each line item. I would certainly say so. There is no reason -- other than laziness -- for them not to. I would argue (as a non-resident, certainly) that every County Councilperson should be familiar with what each line item of the budget is for. They didn't.
But, perhaps knowing that this adventure is a completely new trek for all involved, the County Exec and his denizens should have made a stronger effort to elucidate the line items. Of course, hindsight is 20/20. And, it seems like the County Exec has a little different view of his role than many.
I don't know the Wicomico County Charter in detail, but I do know the basic structure of Maryland Home Rule Charters (under which the Wicomico County Charter operates) and the basic structure of separation of powers government. Traditionally, the "executive" has day to day management responsibility, including hiring, firing, compensation, whereas the "legislative" function has "appropriation" and "legal" powers, essentially setting the course and direction of county government through statute.
Again, Bill Duvall is right about both branches of government having co-equal powers. But, while those powers may be equal in substance, they differ in execution. It seems to me-- as a far off observer -- that Rick Pollitt feels that, monies having been appropriated, he should be able to set salaries to meet his need to recruit and retain talent. (The exception to this of course, would be positions under collective bargaining and those positions requiring council advise and consent). The Council-- used to have much more authority in this area-- feels it should have a more direct role. This is, quite frankly the natural conflict that will happen in a split-powers government arrangement.
One area where I will absolutely criticize Rick Pollitt is in the use of salary bumps as opposed to bonuses. Salary bumps should NEVER be used to REWARD employees. Salary adjustments should be used to address salary inequity and insure competitive compensation packages, or to recognize when an employee's job changes. Remember that salary bumps are typically PERMANENT.
Bonuses, on the other hand, are ideal ways to reward emplooyees for performance "above and beyond the call of duty". Bonuses one one-time rewards, not guaranteed, and not permanent.
I would recommend that next year, Rick Pollitt work towards a system where the salary bands are set by statute by the Council, but that he is also appropriated a pool of bonus dollars that are discretionary on his part to reward members of his executive staff.
This would be a much more open and better detailed way to approach this controversy in the future.