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Kootenai County directs staff to draft temporary contractor agreement for retiring jail lieutenant

2173998 · January 1, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Kootenai County Board of Commissioners directed staff to prepare an independent-contractor agreement to retain a retiring jail lieutenant on a limited, short-term basis to provide jail IT support and training; commissioners cited legal and payroll risks from employing someone who resides out-of-state.

The Kootenai County Board of Commissioners discussed a temporary work arrangement to retain a retiring jail lieutenant to provide jail IT support and training and directed staff to draft an agreement and proceed as discussed.

County staff explained the county faces two options to keep the retiree performing “critical” jail IT duties: hire as an employee (which would require the county to operate as an employer in the retiree’s state) or re-engage the retiree as an independent contractor. The staff presentation said the plan is for a short-term arrangement through Sept. 30, 2025, limited to jail IT tasks such as Spillman and CoreTrack support, assistance with inspections and training of successor staff.

A county staff member told commissioners that hiring the retiree as an employee would trigger out-of-state employer obligations and likely require outside legal or human-resources consulting. The staff member said an independent-contractor arrangement was the recommended route, while noting risks: “there is some risk that if we’re wrong on an independent contractor agreement … we have to pay him as an employee and all the penalties associated with it,” and that the county’s auditors “won’t like that.” The staff member said they believed the county was “90% sure that we’re operating lawfully” under an independent-contractor model after narrowing the retired lieutenant’s duties.

Human Resources staff member Sylvia said the county does not have a large number of employees working out of state and described arrangements the county has vetted with some other states (for example, limited-hours work from Washington state). She noted that Kentucky collects income tax and that the county would face different obligations if it were an employer in Kentucky.

Commissioners pressed for practical details: the arrangement would not be a full-time, 40-hour-per-week paid role but would be scheduled as-needed (staff described weekly or paycheck-based schedules); the retiree would provide remote support and training for Sergeant Holland and others identified as successors; and the county would remove managerial duties from the assignment so the role resembled specialized professional services rather than continued employment.

After the discussion the board voted to enter an executive session under Idaho Code §74-206(1)(b). Following the executive session the board voted to exit and recorded direction for staff to “proceed as discussed,” including drafting the agreement for consideration at a future business meeting.

The discussion focused on maintaining continuity for jail records and inspection-related processes while limiting the county’s exposure to payroll, tax and classification risks. No formal contract award or final hiring decision was made during the meeting; commissioners directed staff to prepare the proposed independent-contractor agreement and return it for a subsequent business meeting vote.