COUNTY OF ALBEMARLE
Approval of Memorandum of Understanding with the Albemarle County Sheriff
Authorize the County Executive to execute the Memorandum of Understanding with the Albemarle County Sheriff.
Messrs. Tucker, Elliott, and Davis, and Ms. Kim and Ms. Suyes
LEGAL REVIEW: Yes
July 2, 2008
ACTION: X INFORMATION:
The Department of Human Resources and the County Attorney’s Office have been working with the Albemarle County Sheriff, Commonwealth’s Attorney and Clerk of Circuit Court to develop memoranda of understanding with each of these offices. The memoranda will clarify which County personnel and administrative policies apply to these constitutional officers and their employees. Under Virginia law, constitutional officers are legally independent from their local governments. Absent an agreement with the County, constitutional officers have no legal obligation to follow Albemarle County personnel or administrative policies.
James City County, York County and Roanoke County, among other localities, have agreements with their constitutional officers addressing pay plan entry, personnel policy application, and benefits. The attached Memorandum of Understanding with the Sheriff confirms that the Sheriff entered the County’s pay plan in 2005 and that his employees will be subject to the County’s policies concerning salary administration, leave, benefits, personnel selection and evaluation, and vehicle usage, among other matters.
Goal #3: Develop policies and infrastructure to address the County’s growing needs.
In addition to clarifying County policy application, this Memorandum of Understanding provides that the County will furnish “accident and health” insurance coverage for the Sheriff’s auxiliary (volunteer) deputies to protect them solely in the event of injury, illness or death in the line of duty. The Sheriff’s roughly 40 auxiliary deputies volunteer hundreds of hours of service each year in programs such as Search and Rescue, Project Lifesaver, and Senior Triad. In addition, auxiliaries provide security at mass events and supplement the Sheriff’s career staff in various public safety functions and in many areas of crime prevention. The County already provides accident/health coverage to all Albemarle County fire and rescue company volunteers through Provident Agency, Inc. Provident would underwrite a substantially identical policy to cover the Sheriff’s auxiliaries.
The Sheriff is not requesting additional funds in FY 2009 and will fund the insurance this year only if the necessary funds for this insurance can be identified in his current FY 2009 budget. In future years, the Sheriff’s operating budget request would include funding for this coverage.
Staff anticipates that the cost of providing accident/health insurance coverage to auxiliary deputies in FY 2010 will be approximately $4,000 - $4750 based on current quotes. The MOU should have no other budget impacts.
Staff recommends that the Board authorize the County Executive to sign the Memorandum of Understanding between the Albemarle County Sheriff and the County of Albemarle, Virginia.
A - Memorandum of Understanding
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