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sin Soil and Water Conservation District February 12, 1996 page # Following discussion of employes performande and evaluations, Willians Bade ahd Hercer seconded motion to return to regular session. Motion carried. Following discussion, Ivey made and Williams seconded motion to support, the employee evaluation stumary as submitted and for the chaiman to eit in on individual employes evaluations and co-sign with the D¢ and employees. Motion carried. Sugg updated the group on the outside employment of the district ‘employees, Houston, Kennedy, and Lenier. He noted that approximately one year ago, they asa Board had approved on a trial basis this outside employment pending it not generating any complaints after the county attorney and county manager ruled it not being a conflict of interest. Im April following some complaints to the Area and state Offices, Tucker met with Sugg and eaployees and gave then until Christmas on their business. He told then (2) quit business (2) quit county work (3) divest and becone totally silent partners in business. Sugg contacted Tucker before the end of the year, and Tucker indicated his stand had not changed. Kennedy, Lanier, and Houston met with Tucker, and approximately one week later Sugg received @ letter from Tucker stating he did not intend to take any additional action at this tine since Complaints were not in writing and he had only received 2-3 complaints. Dick Gallo, NRCS State Conservationist, received two complaints -~ one at the Blue Ribbon Conmission Meeting in Duplin County, and the other was received at the state office. Last week, DEM notified sugg that they had requested the Nc Attorney General’s office to look into it as a conflict of interest. sugg indicated the service is good and farmers need it =~ there is a Gafinite nocd for this type service? however, when this service is to Ghe sane clients fer the vbounty and for agrinent, it can be confusing ac ESuhich agency they are representing, the fedefal gid state porley on Sutelde onploytent t-"uhether a conflict or not ~~ if it ie perceived to sore Sonelloe ie te a conflict. this is federal and state policy, but hot county policy. complaints have been going to area and state office due to possible repercussions from this office. Russell Tucker does not feel this should go before county commissioners Since the county menager is hired to take care of things of this nature. Sugg indicated the board owes it to the employees to let then come in ‘and present their case -- to let then know the board’s feelings about what they are doing, and the effect it is having on the overall progran. ‘MINUTES: DUPLIN Soi) and Water conservation pistiicl, ivld ut Nenansvilie, NC. Meeting Number: 2 Date: _March 4, 1996 ‘Supervisors Present: Others Present: William P. Pickett, chairman Larry Harper, Watershed Commissioner Franklin 0. Williams, Vice-chrm. - San Taylor, Watershed Commissioner Willian G. ‘sullivan, 'sec.-treas., Michael B. Sugg, DC, NRCS Calvin R. Mercer, Ménber William Farner, ‘President, agrinont G. Rouse Ivey, Member Billy Houston, ‘District Technician Johnny Lanier, District Technician Ronnie Kennedy, District, Technician David combs, AC, NRCS ‘Tom Jones, eg. 'Coord., NcDEHNR Minutes of meeting held approved as read. Pickett called the meeting to order at 7:50 P. M. and welcomed everyone. Sugg Fecapped the February 12 meeting in regards to Agriment, Inc. and the board’s request for information concerning the inquiry of the No Attorney General’s office and the Districts authority. ones reported that he had contacted the attorney general's office, and they were aware of the situation but did not plan any inmediate action, but would look into it. Jones also said that Nilton Heath of the Institute of Government at chapel Hill ‘had verbally told hin that county personnel policy covered employees, and the District does not have authority to deviate fron that policy. Jones summarized complaints coming to him (see attached letter). He has received no written complaints, only several verbal ones. Combs reported on complaints to his office in Goldsboro. Farmer made a presentation to the board via a letter which he explained (see attached letter). Next Meeting Date:_02/07/96 Time:_9:00 AM Place:. a Kinston, NC Soil and Water Conservation Commission, NC Dept. of Environment, Health, and Natural Resources, PO Box 27687, Raleigh, N¢ 27611-7687 Duplin Soil and water Conservation District March 4, 1908 Page 2 After much discussion, each board member expressed concern over the Eiguation, cautioned tne employees to not let this outside employment affect their office perforsance, to be aware of the perceptions they are freaking, and to try to eliminate those perceptions where posible ae poard also stated that any drop in office perforsance would net be tolerated as that was a district board responsibility. Concern wes also expressed that mental and physical fatigue is lixely to be a factos ana could affect performance. Since the board does not have authority to start or stop the activity, Billians made and Sullivan seconded a motion to neither support ner gppose this outside employment as long as county personnel policy ts followed and that any future complaints be directed to the Sounty manager for action. Motion carried unanimously. Following discussion on the increase in national dues, Ivey nade and Mercer seconded motion for a letter to be prepared to'NACD voicing concern over the calculation method, and how it penalizes District's with progressive prograns. Motion carried unaninously, Sugg reminded group of Area VI Spring Rally which is scheduled for ‘Thursday, Karch 7 at King’s Restaurant in Kinston. All plan to sctend, Following discussion of district policy concerning the NC Ag Cost share Program an¢ the Donnell Kornegay, Sr. contract, Willians mae and Meccor seconded motion to follow established policy of not providing cave Program yeer monies to husband and wite; and, therefore to roscing approval of Donnell Kornegay, Sr. contract, and approve Ray cavenaugh gontract fer a poultry litter shed. Motion carried unanimously with Sullivan astaining. Mr~ Kornegay will be encouraged to reapply for funds during the next Progran year if he is still interested in assistance. ‘There being no further business, the meeting adjourned at 9:50 P. mM, State of North Carolina Department of Environment, Health, and Natural Resources Division of Soil and Water Conservation PO. Box 769 © Morehead Ciy, North Carolina 2857-0769 James B. Hat Je, Governor ‘Jonathan B Noms, Sesetary March 4, 1996 (219) 725701 MEMORANDUM To: Judy Brown, Interim Manager, Duplin County FROM: Tom Jones, Regional Coordinator T om “Done SSUBIECT: Secondary Eaploymenof Si and Water Conservation Dist Eaployees be ko pond o ou epng pects of cit fine ago Ee pus employment of employees of the Duplin Soil & Watee Conservation Disa oe | ‘srloyes are Bly Houston, Johnny Lanier and Gino Kenney, of AgriMen Services Ie co Wiliam Picket, J, District Chairman Dewey Botts, DSWC Director An El Opperman ghee AGRIMEWT SERVICES mC 235 Pineview Censtary Road Mount Olive, Hc. 28365 PHONE: (919) 658-0707 March 4, 1996 Duplin Soi and Water Conservation District P.O. Box 277 Kenansville, w.c. 26349 Dear Duplin sWcb Supervisora: Secyiges citectly address vhat has become one of the mast aritieny seeds petyionmentai-economic-potitical issues the eseters pare oe Sur State has ever deat with. Shortly after incerporstion,’rtae approached by these persons to consider becoming a pare of Aguinngt eieeaee ite; and serving as President /ceo.. Having receutie ra {ined as Assistant state conservationist fiom what was, ther’ SeeyUSDA srgaecnting to continue to work in the natural resource nenaseosee Srea8 Of forestry, soil & vater conservation, et aly I ageesh ee the offer ONLY under the following conditions 1. That present employees ot agrinentany that may be hired Ap the future who vere employees of other companies, agen~ Cie, or units of government NOT have a conflict-of interest Nith their present duties AND to provide me a copy of tne, necessary documentation from the appropriate offivicis ne state the same. ‘That the Company purchase a11 equipment, supplies, and materials for their ovn use and not so much se a panes Projects so as to preciude any conflict, appearance ot a conflict, or misuse of public funds, 3+ That the Company be operated with honesty and integrity, Providing sound state-of-the-art technical assietene YG 2 fair and reasonable cost to the producers in our see of operations. 4, That Ty aa President/CEO and to provide a non-county, non- state, hon-federal contact person with whom poventich ovtonts could establish contact for business purposes with Agriaews nel resources in a manner in which they vere legally’ sna Physically available to provide needed services: Sa That Ty as President/CEO, would retain, employ, and deter< pine qualifications and credentiais for consultants used by ‘the Company to provide services £0 our cliente’ Pased upon the above conditions, we proceeded to operate as a firm in Duplin and other surrounding’ or near-by counties, Thess sestivos $r0, Very much needed and sought after by many producers having ta Geai vith constantiy changing rules, reguiations, atandarde: tee with receipt of the appropriate documentation related to post-work activities of Messrs. Kennedy, Houston, and Lanier, Agriment ine, proceeded to develop an annual action plan or plan of action to Provide services to our clients. This plan was and is based upon the availability of certain personnel resources as stated or ie. plied by the appropriate letters. Our Company has nade contractual agreenents with many clients in Duplin County, in addition to clients in six other counties, to provide these badly needed services.” Tn Duplin County alone, ‘since the receipt of the appropriate iectere, we have obligated to provide services representing significant income to the company. changes or further delay in the resolution of thin alledaed issue has catieed and will continue to case undle feaareted and possibly professional harm to not oniy the three subject ea. Ployees, but also to our other personnel resources associated with our Compary. I'm sure you can understand our strong concern over what seens to us to be a clear-cut case of legally operating our company within established and agreed-upon guidelines. it ig the intention of the Gompany and certainty my personal intention, to operate oniy with the utmost integrity and honesty that in my opinion, our personnes posess. We do strongly believe that Agrinent Services Ihe, te Baking a positive contribution to the environment, the economy, and the social structure of Duplin County and are actually enhancing tne goals and objectives of the Duplin County Soil and Vater District, Tz ;the Company, our employees, and the subject part-time enpioyecs would be very reluctant to have it any other vay. the resolution to the most critical econonic-social-environmental-rolitical ieece in North carolina, vill come about only by working together as pri- vate consultants, government agencies, industry officials, and be private citizens who are concerned with our beloved state, hee cite izens, her resources, and her future. fo that end, and combined with the fact that many services being provided by Agrinent Services Inc. are no longer being provides by traditional programs due to whatever reason, and the fact hae these services are both needed and desired by our citizens and tersuyern, agrinent Services Inc. is willing to discuss any viable option sea fo do anytaing ve can do to help resolve this pestering iseue, “This includes the offer of full-tine employment to the subject employees, Please let me knoy if and how Agriment Services Inc. can help. 235 Pineview Cenetary Road Mount Olive, N.C. 26365 = Duplin Sol and Water Conservation District ‘12 Noth Math Steet - P.O. 8ox 277" Renanefla, NC 289400277 Prone: (010) 295.2120 2062124 = Fax: (910) 2502122 March 6, 1996 Mr. Johnny Lanier Kenansville, NC 28249 Mr. Lanier: On March 4, 1996 the Duplin Soil and Water Conservation District Boerd of Supervisors met with you and other Agriment employees to discuss your outside employment with this consulting group. At issue was the complaints that have been received about the percepiions of a conflict af interest between your county job and your outside employment. ‘After much discussion about the verbal complaints that have been received at the local office, NRCS arza and state office, and the Division of Soll and Water Conservation office, and a presentation by Mr. Bill Farmer, the board acknowledged that this issue wes not one over which they had direct control. Since you are a county employee, county personnel policy rules in these matters and therefore the county manager's office must decide on any conflict of interest issues. With this in mind, the board voted to neither support nor oppose this, outside employment as long as you abided by county.personne! polcies. The supervisors did caution'you to be aware of the danger of mental and physical fatigue and realize that these conditions can affect yaur performance at the office.. ‘The board also warns that any decrease in your office performance will not be acceptable. You should also be aware that even though the recent complaints have deait with perceptions of a conflict of interest, perceptions can be damaging 10 our program and you should make every effert to explain your role to individuals and help eliminate these perceptions. You should alse monitor your actions to assure that you present this conservation program in the best possible way. Also the board instructed that your advice and actions with the outside employiient should not contradict or degrade the policies and procedures you espouse as a ‘county employ: The board concluded by saying that you were a valued employee and contributed much to the overall conservation program in Duplin County. The services offered by Agriment are viable services that are neaded by many swine producers, Sincerely, fees Pa ‘William F. Pickett, Jr Chairman Duplin Soil and Wate’ Conservation District ‘eo: Judy Brown, Interim County Manager e Duplin Sol and Water Conservation District. ‘32 Non Man Stoot - P.O. 804277 = Kananaie, NO 2049-0277 hone: (910 286-2320 2062121 Fax (ij aeciee March 5, 1996 Mi. Billy Houston Kenensville, NC 28349 Mr. Houston: Qn March 4, 1996 the Duplin Soil and Water Conservation District Board of Supervisors met with you and other Agriment employees to discuss your outside ‘employment with this consulting group. At issue was the complaints that have been received about the perceptions of a conflict of interest between your county job and your outside employment. ‘After much discussion about the verbal complaints that have been received at the Igcal office, NRCS area and state office, and the Division of Soil and Water Conservation office, and a presentation by Mr. Bill Farmer, the board acknowledged that this issue was not one over which they had direct control Since you are county employee, county personnel policy rules in these matters and therefore the county manager's office must decide on any conic: of interest issues. With this in mind, the board voted to neither support nor oppose. this Outside employment as long as you abided by county personnel policies The supervisors did caution you to be aware of the danger of mental end physical {fatigue and realize that these conditions can affect your performance st the cifice. The board also warns that any decrease in your office performance wil not be ‘acceptable. You siould also be aware that even though the recent complaints have dealt with perceptions of a conflict of interest, perceptions can be damaging {0 our program and you should make every effort to explain your role to indivigusts and help eliminate these perceptions. You should also monitor your sctions to assure that you present this conservation program in tha best possible way. Also the board instructed that your advice and actions with the outside employment should not contradict or degrade the policies and procedures you espouse as a ‘county employee. The board concluded by saying that you were a valued employee and contributed much to the overali conservation program in Duplin County, The services offered by Agriment are viable services that are needed by many swine producers Sincerely, Get Va Aewre Wai F. Pickett, J, Chairman Duplin Soil and Weter' Conservation District eo: Judy Brow, Interim County Manager ‘ONBRTWATONevELoPMEN ur GovERNE a ‘Duplin Sol and Water Conservation District ‘02 Neh Ma Suet - P.O. Box 277 = Kenanvllo. No 20940-0277 one: (10) 296-2120) Boe 2i21

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