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Search for an assistant takes toll on State's Attorney

State's Attorney Ashley Lies came before the Eddy County Commission Tuesday morning with a recap of her second year on the job. She noted that for the second year in a row, her office has prosecuted more cases than neighboring Foster and Wells counties. She's feeling the pinch too, since she continues to operate without an assistant.

In October the commission approved a proposal to turn the part-time assistant opening into a full-time position, as Lies was having trouble finding candidates then. Months later, her issues persist.

She explained that due to the county caseload, she has set aside her private practice work to focus on her role as state's attorney. Regardless of how much time she spends on county matters, she is only compensated at half-time hours, not full-time.

This past year she presided over her first jury trial, which resulted in a guilty verdict, and she prosecuted cases during 16 master calendar dates, four more than usual due to the number of cases. Those four extra days are on the calendar again for 2021, along with four jury trials and two bench trials already on the docket, and we're only 30 days into the new year.

Much discussion was held about how Lies can manage her workload in the interim, and what, if anything, the commission should do to get someone recruited to fill the assistant role.

"I don't know where you start drawing the line to take time away from the state's attorney role to do private practice work," Lies noted. "If there's cases, I'm going to charge them."

"This has totally changed for Ashley," Commissioner Glenda Collier said, and suggested that a portion of the budget allocated to cover the assistant's salary be paid to Lies in the interim. "It won't reduce the amount of work, but it would compensate for the time spent," Collier added.

"We shouldn't be paying her more. We should be finding an assistant," Gehrtz retorted.

Commissioners agreed to re-advertise the assistant position statewide to see if more candidates surface. In the meantime Auditor Patty Williams will take another look at the county's pay plan to see if they have room to offer a higher starting wage to a quality candidate.

Corey Longnecker and Adam Fleming were appointed to the two open seats on the Eddy County Weed Board. Current members Jerry Schuster, Mike Schaefer and Bill Smith fill out the five-member board. Collier said she directed them to designate staggered terms for each member as they reorganize.

The county's court facilities grant application was denied. However, commissioners plan to use the CARES act funds they received in November and December to complete the proposed renovations to the courthouse basement. The county has received a total of $159,554.97 in CARES Act funds over four months, most of which has been allocated to any particular project or expense. A complete renovation of the offices, hallway and bathroom in the basement is estimated to cost about $70,000. The estimates also include asbestos abatement, as the tiles and pipes all contain the hazardous substance.

"I feel we have the money. To do something constructive with it would be a great idea," Commissioner Neal Rud said. "It's the only area we haven't touched" in the courthouse.

Gehrtz concurred, "Let's get started before the costs continue to rise."

The county also received a COVID relief allocation from the Department of Transportation totaling $32,197.56. The funds do not require a local match, but they cannot be used to match federal funds on infrastructure projects. Once allocated for a particular use, the funds need to be spent in their entirety and cannot be de-obligated.

Road Superintendent Todd Weber suggested that they use the funds to do some leveling on County Road 1 near slough areas where muskrats have undermined the road bed. In reading the notice of funds, they learned that they also have the option to use the funds to offset the salaries of road department employees. Williams will discuss options with Paul Benning of NDDOT and decide an appropriate project and/or planned expenditure to allocate the funds towards.

Gehrtz delivered positive news regarding the Lake Region Law Enforcement Center. A plan is in place for 911 upgrades at the facility, which involves replacing three consoles, purchasing new radios and completing a full system update. Gehrtz said Eddy County's cost share for the upgrades is expected to total $43,840. They have the option to make one payment in 2022, or spread the cost out over five years. "It's a total upgrade," Gehrtz said, adding that other counties plan to use their CARES Act funds to pay their share of the upgrades.

The Lake Region Correctional Center has come back up to grade, and the U.S. Marshal's Service is again housing inmates there. The facility ended 2020 with a surplus of $435,000, quite a turnaround from the budget deficits they realized in recent years past. Gehrtz said that costs to the member counties could actually go down if things continue in this manner.

Melinda Martin requested to lease the horse arena at the Eddy County Fairgrounds to host a horsemanship clinic. Commissioners approved her request to use the facility from Friday, April 30 through May 2.

The next regular Eddy County Commission meeting is set for Tuesday, March 2 at 8:30 a.m.