At the June 21, 2011 Board of Supervisors meeting Sheriff Gary Kuntz spoke publicly to the Board questioning the Boards’ list of proposed layoffs within the Sheriff Department. Sheriff Gary Kuntz has 27 years in the Law Enforcement field, and if combined with the three administrators directly beneath him they have a cumulative total exceeding 100 years law enforcement experience. So when he was given a list of layoff notices for his department from the Board of Supervisors that did not mirror the list he had submitted to them at their request he was mystified.
Kuntz said, “I’m a little confused I received a list of layoff notices for people in my department and they are not the ones I had chosen to be laid off and… I was wondering what to do next…again I have to say I am a constitutional officer and I get my budget and I have to chose …to run my department efficiently and again I have to say laying off deputies is not one of my choices. I have obligations to the public, my constituents, to best protect their safety and this list (of personnel to be laid off from the Board of Supervisors)…I just don’t understand whats going on.”
Previously Sheriff Kuntz was told to submit a list of personnel he could potentially lay off to operate at a 10% budget cut, he said, “I was told to do a 10% cut across the board…I did not agree with that, but give me a budget and I will do what I need to do, but the Board insisted on me putting this list together (which has not been heeded).”
Tryon responded, “This issue came up late last week and over the weekend it concerns two issues. The Board, for all offices, has budgetary control over those offices. The question came down to ‘does the Board have the authorization to specify within that budget which line items or positions we are funding or does an elected department head have the unilateral right to move money from one line item or position and take that money and put it into another position that the board did not authorize’.”
Callaway asked if Kuntz had the right to lay off correctional officers vs deputies even though the Board funded the correctional officers and dispatchers.
The CAO stated that the Board has authority.
County Counsel Jim Jones stated that there was a good deal of case law on such issues and suggested that he possibly meet with HR (human resources) , Sheriff and CAO to present an updated summary of the law.
Sheriff Kuntz continued to address the Board, reiterating his frustration at the miscommunication. “No one has contacted me prior to this meeting asking me what I need to make my department run functionally, as a Sheriff elected by the people they entrusted me to keep them safe, safe schools and basically they want coverage. We are down to the bare bones, we have nothing left. I have to perform the best I can…in order to do that I need my front line deputies. They are a number one priority, a number one priority to the people of Calaveras County.” He further stated that he had presented a budget reflecting a 10% cut, not cutting 7 deputies as the CAO had suggested. “I need direction, I have never seen this before. There is case law that I can keep what I can keep within the budget to keep the residents of Calaveras safe.”
County Counsel conceded that there is case law but that Kuntz may be simplifying the matter too much.
Wilensky suggested that the Board review the legal rights and authorities. Questioning what is the wise policy under the economic circumstances and pointing out that “We have one week left, there are still avenues to work things out, we should be actively seeking a solution rather than a conflict.”
Tryon addressed Kuntz, “You have a narrowly defined level of responsibility as the Sheriff, define it as to keep everybody safe from crime, we have one too and that’s to see that the county doesn’t go bankrupt and to cut the budget as necessary to stay financially solvent.” He further stated that the Board put back 3 dispatch positions and 3 correctional officer position along with one animal control and one deputy from the original list of 15 submitted by Kuntz, stating that the Board did this “because we felt those (positions) were the highest priority within the public safety sector. “ Tryon finished with the statement, “fiscal chaos would ensue if all directors of their divisions were able to spend their funds as they wish with no accountability.”
Kuntz replied, “I don’t not mean this in any negative way, the Board has never run a Sheriff dept, I know what I need, to run operations, to run dispatch. Law enforcement is a fine line of balance, you’ve got to listen to me, I know what our department needs, and the people of Calaveras county trust me.”
Tryon continued to point that positions were given back, Kuntz reiterated that the positions the Board selected to cut and or to save were essentially not well thought out for the smooth operation of a Sheriff office.
To watch the Board of Supervisors video in full please visit Calaveras Action Project at http://www.calaverascap.com/b062111.html
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