Discuss, consider and take appropriate action on starting salary for new DA Child Abuse Investigator position at L3.10.

The District Attorney received approval of a Child Abuse Investigator position in the budget.  This position has been underfunded and is inconsistent with historical hiring practices.  As explained in our budget justification documentation, this position is critical to further develop a division in our office devoted to the investigation and prosecution of crimes against children.  The responsibilities of the Child Abuse Investigator require a highly trained and experienced peace officer with a special skill set.  Please refer to the attached Job Description and Budget Justification Documentation.  
 
The District Attorney determines the salaries of his employees - not the Commissioner's Court.  Texas Government Code Section 41.106 and Texas Local Government Code Sections 152.011 and 152.017.  The District Attorney determined that this new specialized position be funded at an L3.10 and made that request in our March 2019 position request form.  L3.10 is an appropriate level based on the requirements outlined in the Job Description and Budget Justification, as well as Judge Gravell's comments during the January 29, 2019 meeting.  Please refer to the attached audio recording.
 
The District Attorney was surprised at HR's arbitrary and random determination that the new DA Child Abuse Investigator should be hired at an L3.2. NO DA Investigator has ever been hired in at L3.2.  The District Attorney vehemently disagrees with HR’s decision, and disputes that it is within any tenure compensation policy.  Unfortunately, the Court has apparently vested HR with the authority to make a final budget compensation decision, affording elected officials no mechanism or process for discussion with the Court. 
 
At the January 29, 2019 meeting the Court acknowledged that the tenure compensation policy is unclear in interpretation and application.  Specifically,
 

• HR states - and Court accepts - that DA Investigators are historically hired at L3.6
• Consensus that there is confusion concerning HR Policy regarding tenure compensation and the L-Chart
• Consensus that the tenure compensation policy should be determined
• Consensus that policy changes should be vetted
• Promise that HR will do a better job at vetting the questions before coming to the Court
• Direction that HR will meet with District Attorney, County Attorney, Sheriff, and Constables to vet the tenure compensation policy
• Direction that HR will come back to the Court with recommendations
• No matter what the policy - exceptions are always in the purview of the Court
   

After receiving the Court's directive, Law Enforcement representatives met twice with HR concerning the tenure compensation issues.  At no time was there a discussion about reducing minimum pay for DA Investigators -- or any other law enforcement position.  Further, HR never provided substantive proposed tenure compensation policy changes resulting from the meetings to the District Attorney representatives.  The first time the HR recommended tenure compensation policy changes were revealed to the District Attorney was on the Court Agenda last week.  Suffice it to say that the District Attorney does NOT agree that all tenure compensation policy changes have been vetted and agreed.
Since the Child Abuse Investigator is a new L3 position, and the experience required is at least ten (10) years, L3.10 is the appropriate starting salary.  In January, the Court acknowledged that L3.6 is historically where DA Sergeant Investigators are hired.  It has NEVER been suggested that a DA Sergeant Investigator starts at an L3.2, and randomly implementing such a policy would create an enormous internal inequity issue in the District Attorney Office, as shown below:
 
Effective 10/01         DA Investigator Positions on L-Chart**                      Hire Date - Dick Administration           Relevant Experience
L4.18 (max)             Deputy Chief - Intake Division                                     2017 existing employee                             25 years
L3.18 (max)             Sergeant Investigator - Intake Division                        2017 existing employee                             25 years
L3.9                         Sergeant Investigator - Trial Division 26th Court          Hired in 2017 at L3.6                                32 years
L3.9                         Sergeant Investigator - Trial Division 277th Court        Hired in 2017 at L3.6                                13 years
L3.10                       Sergeant Investigator - Trial Division 368th Court        Hired 1/2019 (L3.9 vacancy)                    34 years
L3.2                         Sergeant Investigator - Child Abuse                            New Position
**Chief Investigator Randy Traylor is compensated on the B-Chart.  Chief Traylor has 36 years tenure with Williamson County
 
Even if it is assumed that HR's determination that the new Child Abuse Investigator should be hired as an L3.2 is within current tenure compensation policy, that same policy allows an elected official to request an exception from the Court.  To date, the District Attorney has been denied the right to appeal HR's salary determination for the new Child Abuse Investigator position in complete derogation of the Court's stated policy.  See Court's discussion at the January 29, 2019 meeting (Agenda Item 16).  Most importantly, since the law requires the District Attorney to determine the salary of his employees -- not HR -- it would be prudent for the Court to hear the District Attorney concerning this issue.
 
The "raw" salary difference between an L3.2 and an L3.10 is roughly $10,000 (HR and Budget Office calculate the "loaded" amount).  The District Attorney requests that the Court determine the new Child Abuse Investigator position starting salary to be L3.10.
 
 
Attachments:
Budget Justification for Child Abuse Investigator Position
Job Description for Child Abuse Investigator Position
Texas Government Code Section 41.106
Texas Local Government Code Section 152.011
Texas Local Government Code Section 152.017
Audio Recording - January 29, 2019 Commissioner's Court Meeting (Agenda Item 16) (Unable to upload to Agenda. Per Inky AgendaQuick only allows PDF's) (DA will bring for presentation)