Board of Commissioners - Regular Meeting

Good afternoon. It's 05:00. I call this meeting to order commissioners. Next item on the agenda is agenda approval. What's the will of the board?

Make a motion to approve the agenda.

Second. Thank you. Have a motion to second. Any discussion? Hearing none, I'll call the question. All in favor, raise your right hand. All opposed, likewise. Commissioners, the item on our agenda is four thousand four seventy nine. This is a public hearing, referring the powers, responsibilities and duties of the Rutherford County Board of Social Services. We had a notice posted in the paper and it said, notices hereby given that Rutherford County Board of County Commissioners will hold a public hearing on Monday, May 11 at five at the county administration offices where we're at.

The purpose of the public hearing is to request public input regarding the Ruffa County Board of Commissioners, assuming direct control of all the activities, therefore, a connected by or through the Ruffa County Board of Social Services pursuant to North Carolina General Statute one hundred fifty three thousand eight and seventy seven by the adoption of a resolution assuming and deferring upon Royal County Board of Commissioners all powers, responsibilities and duties of Federal County Board of Social Services. The Royal County Board of Commissioners will also the creation of a new advisory board for the Social the Board of Social Services to advise the Board of County Commission on the important social service matters, and that we invited folks to come, and I believe we we have folks here with us tonight. I don't think it's. Alright. I'm gonna talk out here.

Sorry about that. There are different reasons for this. We've this earlier, and, you know, this is a very important step. Other counties have already begun or already have already done this transition, especially with the impact of state of North Carolina, DHSS, and the responsibilities they are placing on DSS, and then also on the responsibilities of the county government. We are the DSS board, and I actually served on the DSS board for five years, so I'm familiar with the activities of the function.

But the board itself appreciate what they do and how they perform. But for transparency to the public and for oversight of the director and for the public to see that, they see the county commissioners as that in that role. We've had folks come speak to us in the last six months to twelve months asking for help, asking for a change, asking. And we started approximately about almost two years ago consulting about what that would mean, what would it take, due to consolidated services, the oversight of DSS alone as a a stand alone department, all that until it brought us to this decision to have this public hearing tonight. I know the commissioners may have some commentary as well, but since this is a public hearing, at this time, I will ask if if there's anyone who'd like to speak regarding this matter.

This is your opportunity. Just raise your hand. We come one at a time. You know, you just come up to the podium here and state your name and and any commentary that you'd like to provide. This is a good time for that. So either one? Either one, ma'am, sir, whoever. We're all among friends here.

Yes,

sir. Yes, sir. You come up to the podium, say your name. That way Hazel can hear you.

Chairman, is there a time line

on these?

No. This this there's not a timer on public comments. Come in in a public hearing.

Hi. My name is Daniel Brown. I live in Lake Luren, North Carolina. Come in contact with DSS approximately three years ago. Got three grandkids.

It has cost me $10,000 to keep those grandkids safe. When it come up the first time under DSS investigation, my son who's incarcerated, the baby's mom is high, living homeless, house repoed. I got pictures of the house, could not find the parents. Three, four weeks later, still couldn't find the parents. I failed as a parent, as a grandpa, I failed those that kid at that time it was one.

I failed. I let him live in that. Three weeks after it was opened up, it was closed. Still lost, still living in a car with a kid. It was lost, case was closed. You know, if I rob a bank, if the sheriff don't find me in two weeks, he not gonna close the case. Alright. Come up again. Right here. March 24.

This is the one.

Grand kid failed for fentanyl, failed for methamphetamine, failed for I forget what it is. Failed it. I had get a ex parte to get the custody of the kid. Case closed again, I got an ex parte, case closed. Here I am having to pay to keep that kid safe, that's what DSS is for.

If a case is open, follow through with it. Here, got two more grandkids. Come up, mother made a call to DSS, been using, effectively using with kids. You know, the SS is involved, get paper signed, we'll get you temporary custody, we can't find her. So we can't get custody of that kid.

I can't get day care, I can't get medical attention, The year and a half old, two year old hasn't had any shots. None. So I can't put them in day care, I can't do nothing. So they sent the drug test DSS have them drug tested. Right here, little one, thirty 336 of cocaine, twenty four hundred and seventy of meth, the year and a half old, two hundred and fifty nine PM of cocaine, thirty one eighty PM of meth.

I'm not a scientist, I'm not a doctor, but if it's anything above zero, it's wrong. So as of 12/21/2026, class f felony. Anybody knowingly, using drugs, has kids around drugs, test positive and I may be wrong with some litigation, but it's a class f felony. Law enforcement wasn't telling me. It cost me this time, 4,000 the first time, about $5,700 to get another lawyer.

I worked for the state of North Carolina in the prison system, been there twenty nine years fixing to retire. You know, I'm gonna have to go to vacation out to keep keep my grandkids safe. Do I regret it? No. But there's gonna have to be some changes. And the drug test that the Rutherford County is using, I was told by the sheriff's department that it wouldn't hold up in court. How come Rutherford County is using a drug test that they can't use? McDowell is, Burke County is. Said they can't use it because the guy from Idaho who tested the test won't come here to testify. That's crap too.

I mean, I work in the prison system, they do trials all day long by TV. So it should be prosecuted. I know it may not help me and my grandkids, it's done paid. I'm happy to do it. But what if I couldn't afford it? That kid would be out here running the streets, living in a car, living in an open house. So I ain't mad at nobody, just need to be some changes. I I appreciate y'all time. You know, it's been a it's been a battle and I know DSS has a hard job. You take the kids from my mom and you take them from the parents, you take them it's a hard job.

I do understand that. But like I said, if I rob a bank, then you're quit looking for me. Alright? Thank you all for your time.

Appreciate you, Thank you, sir. We had two or three other hands. Good afternoon.

Good evening. My name is Lynn Hapas. I currently serve on the DSS board. I have been a part of our current board for approximately six months. I'm here to to say that our department needs some resources.

It needs some support and some competitive pay necessary to retain some skilled staff. Without this, Rutherford County just becomes a training ground for other departments. We train people and then they find better pay with other departments because we just our county cannot afford to pay what other county departments do. We need this to maintain a stable, experienced workforce that can serve our community effectively. Our our DSS is not fully staffed, has not been for quite some time from what I understand.

It has not been since I've been on the board. It is a struggle. It's a struggle for our agency. I urge you to evaluate whether department has enough staff. And when we have just enough staff, if somebody goes out on medical leave, who who's going to cover that?

You have to look at, you know, you just can't get enough people there to cover the work adequately, to serve our community at a level that our community deserves. And keep in mind that we have mandated services 20 fourseven to cover adult services and children's services and we have we're open first shift, but somebody has to cover that 20 at night. You've got these first shift people that have to take term being on call. We have a home where children are placed. People volunteer to cover that.

So these people are working during the day, they're working night, we have an on house staff, but they can't work just twenty fourseven, somebody has to back them up, they have to cover that. So these people are working tirelessly with what little staff they have. There's nothing that entices people to come to Rutherford County and work. So what have we got to do to get people here? And one thing is the pay. You have to look at that. And I know this work is hard. I retired from Rutherford County. I worked there for twenty eight years. I stuck it out.

And so so I can tell you, I can speak from experience. It is hard. And and I do hope that if this does occur, that you will look at keeping this agency under the state office of personnel. I think that it may be the only entity within our county that is under the state office of personnel, and I think there are some advantages to that, and I hope you will consider keeping that agency under that. And I just wanna say that that I'm deeply grateful for the staff that show up every day and and do this hard work, that they they are making a difference in the community.

I know sometimes the community does just get upset that, you know, they they think they're not sometimes they do too much, sometimes they don't do enough, and and it is hard, but, you know, they do make a difference. And I'm grateful that we have the people that we have that have stuck it out.

Thank you. Thank you very much.

Oh, we have another person. Come on up, sir. Sir. How are we? Good. Good, sir. Good

evening. My name is David Brown, a proud proud member of this community for my lifetime. And I come tonight in front of you with both respect and and a sincere concern. I did send you my notes ahead of time, and I want to begin by acknowledging the work that this board does, and the way the decisions carry on behalf of this community, that service does not go unnoticed. I also understand that on the state law statute, g s one five three a 77, it gives this board the legal authority to change how social services are going governed.

And I do not stand here to challenge that authority. I stand here because this is one of the most significant governance shifts our county can make moving an independent social service board to direct oversight by this board. And this community deserves to understand in plain language why you believe this change is necessary and why you believe this moment is the right time to make it. I did hear you say that other counties are doing it and there may be good reasons. I do think that the the citizens of this community should know why now and why you feel like this is a better move going forward.

I'm asking this because the stakes are extraordinarily high. And I was listening to this brother speaking. Right now, this is a transitional period. Our county has no county manager, no DSS director, and the existing advocacy board is being dismantled. The very infrastructure this law requires to function is not in place.

The residents who depend on these services, most our children in welfare system, our seniors needing protective services, our neighbors fighting mental illness and substance abuse, and our families who rely on Medicaid just to get through the week. They cannot afford a gap in protection while a new structure is assembled. That concern is not political. It's personal and it's urgent. I went back to school at 63 to get a degree in social human services, and I graduate Saturday.

Asked what am I doing? He says, keep doing it. And that's why I'm standing here. You know, I'm I'm I'm respectfully asking this board in my in my in my letter, I said, to answer some questions, not demanding answers, to consider for the record a couple straightforward questions. What specific problem is the restructuring designed to solve?

What improvements do you believe it will bring for the vulnerable residents of this community? How would day to day operations for clients and staff be affected during this transition? And who is the named accountable person responsible for those residents today? What safeguards would ensure that the decisions remain transparent and driven by the needs of the people rather than pressures internally or externally? And finally, will this board commit to providing a clear written summary of reasons, goals, and measurable standards of success so that this community can understand and follow and hold accountable this new process, this new undertaking every step of the way.

I believe this board has the character and capacity to lead this transition well, but leadership without explanation leaves too many questions. I'm asking you tonight to lead with transparency, to communicate with this community openly, and to ensure that not a single vulnerable resident falls through the gap between the structures we are leaving and the ones we've yet to build. They're counting on you. I'm counting on you. And if you feel like this is the right move, I think answering a few of these questions for the community would go a long way. I I thank you for your time, brother.

Thank you, Thank you.

Commissioners, ladies and gentlemen, this is a public hearing, and, I'll ask, is there anyone else who would like to speak at this time? I see a hand. Come on up, please.

My name is Dana Davis. First of all, I I live in this community. I raised my children in this community. I also happen to work for the Department of Social Services. I've had the opportunity to speak once or twice before.

And one of the things that I I want to say is when when I said that we were at a critical point, stories like this grandfather is what I'm talking about. When you don't have enough folks and you don't have enough trained folks, we can only stretch so far. So my concern is I have been part of a county that consolidated, and it did not go well. And it it was not beneficial to to the the residents. Now if what we're saying is is that DSS is gonna come under the county, but it will be its own entity, that's something very different than consolidating all services and all services having to share their money.

That is it's disastrous for the community when it's done that way. So I would I would ask you to be very thoughtful in what you do, and I would ask you to be very thoughtful in how we restructure our agency because we've we've had about all the change we can take. And even even when it's positive change, even when it's good, even when it means help is coming, it's difficult. And and we are holding on to our people just as much as we possibly can. But to say that salaries are not an issue is foolish and extremely naive.

We are absolutely the training ground for other counties that that can't get hired because they're not trained, but we're training, and then they're going. And what we're seeing right now is what happens when you have to put warm bodies in places instead of people who are committed to the job. And you don't get people that are committed to the job if you don't pay them well enough that they can stay and raise their families. So I just kinda wanted to put a face to this. We are excited about whatever positive change that that can come, but I also wanted we are not just an agency.

We are an agency made up of people who have their own families, who live in this community. There are folks who have worked tirelessly at the department of this department of DSS for twenty years. You don't do that unless you're committed to the community and to what you do. So I thank you for your time.

Thank you. Thank you. Thank you, ma'am. This is a public hearing. It's time for the public to speak. Is there anybody in the audience, a member of the public, who would like to speak at this time? I have to ask this three times, so I'm just gonna keep asking. Appreciate everyone that's spoken so far. We're discussing four four seven nine as a public hearing. Does anyone like to speak regarding this matter? Going once, going twice. We're now in the public hearing regarding the Berth County Social Services, the department. Would anybody like to speak regarding this public hearing? Thank you. This time, I'll look to the commissioners.

Before we close the public hearing, is there any discussion or commentary from the gentleman? I think the gentleman asked some good questions. Yes, sir. So you want me to take a stab at it?

I would like to say just real quick, to the gentleman, mister Brown. Like mister Hauke said, he did bring up some good questions, and I will commit to a public letter displaying what my goals and how I think this can be an improvement.

Mr.

Brown, appreciate you. I know this was hard to do, to come up here and talk about those situations, but those are real life situations that we need to be taking into consideration.

I just want everybody to understand that it ultimately falls back on the board anyway. We just didn't have control before, and that's what we're ultimately looking for, is trying to take the control and guide it, where it needs to go. And we want it to be a a successful program. We won't knock people to be trained here and run and and go somewhere else. We want them to stay here.

Ultimately, that's, that's the ultimate goal for, this county. We want to successfully run this program, and and that's that's all that matters, to me, whether, I'll be here for another six months and then it's gonna be taken over. So it doesn't matter who's up here, but we're we're as visible as we can be. We're as transparent as we can be, about everything we do, and we're trying to make it the same way for that. We just want to be in control. I'm not sure how the money stuff falls, but we're not trying to take over that part. I don't think so. That's just what I gotta say.

And and, you you know, DSAS is important part of our county and it's our county. And that's one of the reasons I know that we did start looking at this those several years ago. This has been looked at. This is not just something that we woke up one day and decided to do. We had a study done to see how we could do this process.

But the thing is, what I've seen just the last months is people are jumping ship left and right, leaving to go somewhere else, and it's leaving our most vulnerable citizens in a bad position. And for me, that's scary. Somebody's gonna get hurt. Something bad is gonna happen. What this gentleman brought up is is heartbreaking.

That's terrible to hear that, but you're probably not the only one. And that's what's scary and what I'm seeing is our our DSS is not performing the way it needs to perform. Now I know the ones that are there, you're working, and I know you're working long hours. I've I've heard I've heard y'all come up and spoke to us, but I knew that before you come up and spoke to us, you were working long hours, and hopefully, and I say hopefully, the hope is this will take care of a lot of those situations because ultimately, we are responsible. If something messes up at the state, they're gonna come to us.

We're gonna be the ones, the county is the ones that's responsible financially when something goes wrong, But I don't wanna be responsible when something goes wrong and it costs somebody to get hurt or their life. That's where I'm at with it, sir. When you ask those questions, you know, yeah, want deliverables. I want to see our process, but at the same time, I don't want anybody to get hurt. And that's the number one goal, is safety.

We keep our folks safe. And that's that's the reason I want to see us do this. That's my goal, is to get it under the umbrella of the county, and then we proceed with one of the best DSS agencies the state can have. Yes, sir. Can I ask one follow-up?

Yes, sir. We're public comments too.

And thank you. Thank you for your responses and, Commissioner Haynes, thank you for your agreement to give us some transparency. Can I just ask, was this decision a lack of confidence in the current Department of Social Service board of directors? Was it a a a lack of time to develop an advisory board in lieu of taking it over as a commissioner's board. If you can include those, it's it's it's because I think the reason we're doing this now, I think it's very important.

And it's it's a big job to put on the county commissioners, I think. But I think the reasoning behind that for the community to understand why you're actually trying to do this would would help. Thank you. Thank you.

Transparency is a lot. I served on the DSS board, okay, for many years. And what you got today, from Commissioner commissioner if I got your name, Hunter Haynes was something the other DS board DS board never gave, you know, and I served. Someone that the public can go to and ask a question and have a a response. And this is what we've been hearing, I've been hearing that they want the this is the board are good.

They're they're good people. Don't don't get me wrong. I served them all, during my during during my tenure. But today, people are looking at the county for answers when things when things happen. This gentleman here in the county for answers. But when we're on the DSS board, we have if this goes through, you know, you someone said the word consolidation. This isn't a consolidation. So and attorney, you can correct me if I'm wrong, but I believe I'm correct. If the board prevails on this decision sometime tonight or sometime in the future, the the board of commissioners will have one employee. That'll be the director.

Okay? That's what we that's what they have now. The director hires all their employees underneath it. The difference a little bit of the difference now is now the director has a board of commissioners to report to, which she doesn't have now, is she? We report to us. And when we have our county manager, a county manager too. So I think it's gonna add more strength to that position, strength to the oversight of the leadership of the department. And it also will, I think, bring stability. And someone you mentioned the money's being intermingled. No DSS money cannot be intermingled with the general fund of the county.

I mean, that's not what we have. Basically it would actually be a standalone agency governed by the Board of Commissioners. Don't know if the House, I can say that.

And Chairman, for clarity, there is still an advisory board to be in place.

That's what the Board decides to do. It's an option of the Board of Commissioners.

They have an advisory board.

But I've been to those meetings. The meetings are insightful, because you hear about the caseload, you hear about the workload, you hear about the turnover. As a member of the DSS board, and if this board prevails as the governing body, don't get in the weeds. A DSS board member does not, you don't know any names, all that's protected. But we do know policy and procedure, and look for where deficits are, and where it needs to be improved.

It also comes back to what we've been hearing for the last six to twelve months. When people are having a matter coming for them, they come to the commissioners. Another side of it is financial. I mean, I'll be be be blunt. The state of North Carolina, it keeps changing the formulation of how things work. Basically, if if there is an issue with of a finding. It's there's no slap

on the wrist. They come take

it out of the county's treasury. And I I don't remember if there's that name. Director, you can probably tell me what it is, but if if they fail, you know, if they go 7% over 3% or something, they come to the county for that. What was that called? I'm sorry, Cole.

It's They're

They're already, you know. So now they've put that all on the back of the county taxpayer. And and I'm not involved in the day to day, but sometimes an error will happen. A child may age out, you know, family of five, and number five or number one aged out, and they didn't catch it till six months later, and, you know, they're gonna come, you know, and so the demands on DSS now is greater than it's ever been. This H1 is coming down with the Medicaid and SNAP program, what's happening.

They've changed how the DSS on the auditing of that, and it's almost added twice as much work to them. And we've been addressing, we've been discussing that, and the training message that you gave, ma'am, I've I've heard as well, and it's true. So there's significant challenges that are coming down the pipe, and we want to be in a position to make those decisions and work closer hand in hand with our director and with the assess. And so that's where I'm at. So,

okay. And I guess that probably answers some of Mr. Brown's questions because it's almost like you have all these different things coming together, and that would be the answer to why now? Because there's so many things that are going on that's taking place, and it's like it's all coming together, so to speak, and get more important that it is under because the county is so responsible for so many things. I mean, I guess is the easy way to say it.

So the DSS director, as control, is the director of the operations of her employees or her employees. There's a meeting once a month with the board, and a report is given to the board. And it's all policy. Would do the policies. I've been in the meetings.

I've seen it happen. But going forward, if this prevails, DSS employees will now have a direct line to the boss's boss, and the DSS boss has a direct line to the people that hold the purse strings. You know, the relationship becomes, I won't say tighter, but the governance becomes better. And this is not an easy decision for the Board of Commissioners. Not at all.

You're actually adding more work to them. We're adding more work to our plate. That's what we asked to do when we got elected, when we ran for office. You know, this is this is and also the personal liability. And, you know, all of it. This is not something that we just wake up. We we don't get a gold star. We don't get a, you know, any kind of any special anything. But it's what we're here to do. We're here to serve the county and serve our citizens. And then so I just hope you guys can understand where I'm coming from on this, and and thinking about it. I asked three times. Anybody else wish to speak? Commissioners, do you have any or a closing public hearing?

We just don't wanna see somebody fall through the cracks. Mhmm. We know there's cracks. We know that there's a tremendous load, on caseloads, and it's being shifted around when somebody leaves, all of their cases get thrown on somebody else. And we don't want something we've been lucky so far, but we don't want something to happen tonight or, a month from now. And we just wanna pull the strings in tighter so we can get a control. It's gonna ultimately be under control of the director, but they answer directly back to us now. And and I think that is the best best route.

The director reports. That's correct. To the board of commissioners. Anybody, anything else? If not, I'm gonna close the public hearing.

Public hearing's now closed. Thank you everybody for participating tonight and being here. At this point, I would ask the Board of Commissioners what's is there a will of the Board or at this time? There is there is a resolution provided to you if you so desire to go go that route. Hazel, was the resolution put on the agenda? On the Do

you have a copy of the resolution?

No. We have a copy of both. We have a copy. But was it put on our legislation?

No, sir.

Thank you.

I'll make a motion that we adopt the resolution that we have drawn up

as a Board of Commissioners. You'll have to read that in a minute. I will. We each have a copy of it. There's a motion. Is there a second?

Second. Second.

We got a motion to second. Any discussion? Hearing none, would you read the resolution, sir?

Whereas North Carolina General Statute one fifty three a dash 76 and North Carolina General Statute one fifty three a dash 77 a set out the authority of boards of county commissioners over county commissioners, boards and agencies, and whereas North Carolina general statute one fifty three a dash 77 a authorizes a board of county commissioners to assume direct control of any activities, therefore, conducted by or through any commission, board, or agency, including the Board of Social Services, by the adoption of a resolution assuming and conferring upon the Board of County Commissioners all powers, responsibilities, and duties of such commission, board, or agency, and whereas a board of county commissioners may exercise such power and authority only after a public hearing held by the board of pursuant to thirty days notices to the said public hearing in a newspaper having general circulation in the county, and whereas the Rutherford County Board of Commissioner finds that it is the best interest for Rutherford County Department of Social Services and its staff and the citizens of Rutherford County that the board of commissioners serve as the board with the powers, responsibilities, and duties of the Rutherford County Board of Social Services, and whereas the Rutherford County Board of Commissioners intends to assume and confer upon itself all powers, responsibilities, and duties of the Rutherford County Board of Social Services, and whereas a notice of public hearing in these matters was published in the Daily Courier, a newspaper having general circulation within Rutherford County on 04/11/2026, and whereas a public hearing in this matter was held at a special meeting in Rutherford County Board of Commissioners on 05/11/2026, and whereas Rutherford County Board of Commissioners are convened, in a duly called special meeting with a quorum present.

Now, therefore, the board of commissioners of Rutherford County resolved that. Number one, the Rutherford County Board of Commissioners pursuant to North Carolina general statute one fifty three a dash 76 and North Carolina general statute one fifty three a dash 77 a does hereby abolish the current Rutherford County Board of Social Services and assume to confer upon itself all powers, responsibilities, and duties of the Rutherford County Board of Social Services effective as of May 2026. Rutherford County Board of Commissioners extends its appreciation to the members of the Rutherford County Board of Social Services for that service, their service, and the devotion of the citizens of Rutherford County. And this be adopted on the May 2026.

Thank you, sir. So we have a motion second. We're now in discussion. I will now call the question. All in favor, raise your right hand. Any opposed likewise? Hope Scott. Thank you. Commissioners, next item on the agenda is to adjourn. What's the will of the board?

Motion we adjourn.

That motion needs second, please. Second. Motion second. Any discussion? Hearing none, call the question. All in favor, raise your right hand. Any opposed, likewise, we are adjourned.