The county attorney, Ben Smith appeared before the Sac County Supervisors on April 19, 2011 to ask them to resolve by resolution the 28e agreement between Calhoun, Sac and Carroll counties. The central feature of this 28e agreement is a 30/30/40 pay arrangement that Smith feels is tantamount to Sac and Calhoun County subsidizing Carroll County.
Said Smith, “There is not forty-thirty-thirty work.”
The agreement also locks Smith out of hiring his own assistant.
Supervisor Rick Hecht said, “On a personal level, the thing has worked well for us and I’m concerned about rushing into making this change. I would prefer that you let it run for a year.”
Supervisor Jack Bensley seemed to agree, saying “That position I feel is working real well, we’ve had no complaints, we work well together, I see no reason to terminate the agreement.”
Smith said, “Iowa code gives the County Attorney the power to pick his assistants.” and asked the board if they agreed with his assessment.
Hecht reminded Smith that this is true, “With approval of the board.”
Smith tried a different approach and pointed out that if the board has him locked into an agreement, then he is unable to choose his own assistants. At this point Smith asked the board if they wanted to go into closed session so that they could “…again discuss the job performance of certain individuals” Both Rick Hecht and John Bensley seemed to indicate that they were already aware of Smith’s opinions.
Smith continued, “Ultimately, the person that signs their name on these [juvenile cases], the assistant, is signing on my behalf, and I can’t pick that person unless you guys break this [agreement].” Smith indicated that, given his family’s history with foster care and the juvenile court system that he himself may be interested in doing some of the work the 28e assistant now does.
Smith continued to make his case. “On one hand you have some who only does Juvenile court primarily… on the other hand you have a Sac County resident who can devote all of her time and resources to Sac County, who can fill in and do things that are other than juvenile work… and if, I shouldn’t even say if I should say, when I get deployed, cause that is probably going to happen in the next two years, you have somebody that can step in and take the whole thing.”
Smith left the meeting at that point to go to a sentencing. After he left, Supervisor Dean Stock said, ”Ben was selected County Attorney and… I guess I agree with him, he should have the right and I think the person he picked is qualified. If she wasn’t qualified, I’d have problems.”
Stock made a motion to cancel the 28e agreement, but it died or lack of a second.
TAKE THE POLL: Should Sac County Attorney Ben Smith have the right to choose his own assistant?
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