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Council lets prosecutor use available funds to pay departing Adult Protective Services worker
Summary
The council authorized the prosecutor to use available deferral or departmental accounts to pay out 58 sick days for a departing Adult Protective Services employee (estimated $4,350), pending legal and auditor review; if accounts are not available, the item will return for appropriation next month.
La Porte County Commissioners authorized a motion on June 23 allowing the prosecutor to use available funds to pay out accrued sick leave to a departing Adult Protective Services employee, but asked that legal and auditing staff confirm the account rules before the transaction is completed.
Commissioner (transcript: Grammarosa) told the council Catherine Schmidt has 58 sick days and would normally be paid out at $75 per day (about $4,350). Commissioners and the auditor discussed whether grant-funded positions that formerly lived in a state grant account should receive payouts from that grant, the prosecutor’s accounts or from the county general fund.
Randy Novak moved for a three-part approach: (1) give the prosecutor permission to spend from any appropriate deferral or 100-series account if legally allowable; (2) allow transfers between prosecutor accounts to cover the payout if needed; and (3) if neither option is available, bring the matter back next meeting for an additional appropriation (with the council indicating willingness to support payment out of the general fund if necessary). The motion carried.
Several commissioners emphasized custom and common practice—paid out employees are typically paid on their last paycheck—and asked the prosecutor and auditor to confirm whether grant accounting rules or an additional appropriation are required before funds are disbursed.
The council recorded the permission as contingent: the prosecutor will proceed only if the auditor confirms that a legal account can be used or a transfer is permitted; otherwise the prosecutor will request an additional appropriation next month to ensure the departing employee receives the payout.
