Washington County committee mulls changes to FINS attorney, advisory committee

FAYETTEVILLE -- The Washington County judge should have an advisory committee to help select an attorney position handling Family In Need of Services cases, justices of the peace said Tuesday.

"I think it's important for this job that there are people involved in the (hiring) process who understand the (legal) community, who understand what that job entails," said Justice of the Peace Daniel Balls, a Democrat representing north Fayetteville. "They are there to give some guidance."

About FINS

A Family In Need of Services petition is filed in Court on a juvenile who is:

• Habitually and without justification absent from school while subject to compulsory school attendance.

• Habitually disobedient to the reasonable and lawful commands of the parents, guardians or custodian.

• Absent from home without sufficient cause, permission or justification.

• In need of counseling or other services.

Source: Washington County

The Family In Need of Services -- or FINS -- attorney handles cases involving troubled youth, including truancy cases.

Justices of the peace began revising an old ordinance over the position to update the title, remove a five-person advisory committee and move the FINS attorney position under the supervision of the county attorney last month.

The former advisory committee hasn't been used because the current FINS attorney has been in the position 20 years. The committee also had no appointing power. The county judge retains hiring authority.

But, the advisory committee was put in place years ago to try to insulate the position from politics, said Justice of the Peace Eva Madison, a Democrat representing northeast Fayetteville, at last month's Quorum Court meeting.

"This is a very important position dealing with some very vulnerable children and families," Madison said. "What happens in juvenile court is hard. I think we just need to insulate (the FINS attorney position) from politics as much as possible."

On Tuesday, the Ordinance Review Committee took another look at the ordinance and replaced the former committee with a three-person advisory committee that selects and recommends at least two people to the judge to fill the FINS position. The recommendation isn't binding.

"Simply what we are doing here is gesture," said Justice of the Peace Butch Pond, a Republican representing western Washington County.

Justices of the peace also moved the position back under the county judge's supervision. The title for the position was changed to FINS Attorney.

The changes will be considered at the next Quorum Court meeting at 6 p.m. Sept. 21.

The controversy surrounding the position comes as County Judge Joseph Wood looks to save money in his departments. Some positions under the county judge are being shifted to other departments.

The changes to the ordinance over the FINS attorney position comes as County Judge Joseph Wood looks to cut his budgets. Wood has talked about rebidding the FINS contract and paying less for the position, County Attorney Brian Lester said.

Either the FINS attorney is paid too much, or the county attorney is paid too little, Lester said.

Lester earns $70,000 per year. The county currently pays FINS attorney April Rye Shy about $73,000 a year via an annually renewed contract, Shy said.

The position requires about 15 hours a week in court appearances, Shy said. The contact is renewed Jan. 1.

The pay doesn't cover benefits, insurance, vacation days, equipment, supplies or other expenses. Shy has been the county's FINS attorney for 20 years and pay hasn't increased in about 15 years, she said. Previous studies on hiring a full-time FINS attorney showed contracting the work was less expensive, Shy said.

If the money for the position were cut, Shy would have to consider whether she could afford to continue working as the FINS attorney and covering her costs. The job is a calling, she said.

"I'd love to stay in this position," Shy said. "It's not something you do as a hobby."

NW News on 09/06/2017

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