Shelby Co. (ECWd) –
In 2019, former County Board Chairman David Cruitt signed this resolution establishing additional duties to the County Treasurer to include Human Resources, new employee paperwork, FMLA paperwork, Managing IMRF as the authorized agent for Shelby County, oversee the Health Insurance for all county employees, accurately track sick, vacation, and paid time off, in addition to maintaining accurate payroll records on all county employees, and informing Shelby County employees of significant changes to State and Federal labor laws.
We can only wonder why informing county employees of significant changes to state and federal labor laws was not a duty of the State’s Attorney.
After years of the treasurer expressing concerns over payroll abuse and in some cases outright fraud, a forensic audit of only 1 department was conducted. That forensic audit confirmed not only were there serious problems but also over 11,808 hours that were paid but not worked, which most would look at as fraud.
To date, the county board has not taken steps to address the over/under payments involved in the forensic audit, which include overpayments to Social Security, Medicare, and IMRF. The underpayments to deputies have not resulted in any grievance for pay owed. We wonder if the actual electronic time records that prove overpayments rather than underpayments are the reason for no grievances.
In 2021, when the county board tried to outsource payroll from the Treasurer’s office there were some very interesting things going on that the general public and many board members were not made aware of.
This email, sent by Paylocity to former State’s Attorney Nichole Kroncke and former County Board member Davit Switts indicates there were behind-the-scenes decisions being made regarding the Clerk taking over payroll. What other explanation is there for this vendor to send such an email?
“I’d like to make sure that someone on your team has connected with Jessica to make sure she’s in it for the long haul to be the person who is going to do payroll moving forward if you know what I mean? I want to make sure she knows what is being asked of her moving forward”
“I am not really getting the feeling that she completely knows she’s the new payroll and HR person going forward.” (emphasis added)
Why would Paylocity be under the impression that the County Clerk is the new payroll and HR person going forward?
The Clerk’s email after receiving the Paylocity email is at this link and below.
“To: Fees/Salaries and Executive Committees-
I received this email today from Andrea at Paylocity. I have also attached a resolution passed by the board in 2019 declaring the Shelby County Treasurer as HR/Payroll for Shelby County.
The Shelby County Clerk/Recorder’s office does not do payroll. Requesting this information from the Clerk’s office is like requesting election information from the Treasurer, I don’t have it. We keep the documents after checks have been issued, but we have no involvement in payroll, State withholdings, or any other payroll related expenditures. This office does not have any of the information Paylocity is requesting. This request also puts the County Clerk as an elected official in a bad position of helping to remove a function of another elected official’s department. I wouldn’t like it if a function of this office was being removed and I would greatly appreciate the Shelby County Clerk/Recorder’s office not being placed in the middle of this payroll/HR situation. I’m sorry, I try to be a team player, but the Clerk’s office can’t help with this request for information related to payroll.
Thank you Jessica Fox”
Is the reason the outsourcing of payroll not taking place back in 2021 because the State’s Attorney at the time, Nichole Kroncke, learned payroll was a duty of the clerk and the Clerk did not want any part of taking on payroll?
While the past board did rescind the outsourcing of payroll resolution, the legal opinion promised by Kroncke on the question of outsourcing was never provided. Had it been provided, we would have all known then that the duty of payroll was in fact the Clerk’s, not the Treasurer. Did Kroncke know and stay quiet?
The local propaganda has now pushed a totally false statement to the locals and the blind sheep have followed with yet more uninformed comments and accusations about the treasure and the outsourcing payroll matter.
“At the treasurer’s request, there is an item to outsource payroll.”
The Treasurer never made any request to outsource payroll.
The County Clerk, Jessica Fox, sent this email to the board
“The County Clerk’s office requests that the board seek another option for the processing of payroll. Please allow this to serve as my official request pursuant to the AG opinion of Roland Burris from 1991 and the opinion dated 1976. Elections are much more detailed and involved then they were in 1991. My staff and I are busy with the statutory duties we currently handle. Thank you!!” (emphasis added)
As anyone can see, it was the Clerk’s request to the board for them to seek another option for the processing of payroll. The option the board chose is to outsource it.
Will the local propaganda followers now demand the Clerk resign since she is asking the board to find someone else to do her duties, which is what they are demanding of the Treasurer after the propaganda post? Or will they learn to read and realize what they are being spoon-fed is not true or accurate?
Our prior article at this link, included several legal opinions on a board’s lack of power to outsource duties assigned to an elected office holder, however, one key AG letter was missing. The prior opinions cited to AG letter I – 99-002, Duties of County Clerk, which can be downloaded at this link. We have been told this very subject matter is routinely shared at training seminars for new County Clerks.
While the county board did table the contract for ADP to handle payroll, it appeared that the process was fairly simple, and that electronic timekeeping was going to be the process used. One can only wonder why now electronic timekeeping is no problem yet certain departments have fought it from day one.
Stay tuned for the next article on the County Board looking to appoint a convicted drug felon to the board.
No Comments