ALFRED — York County government is facing what commissioners have described as a “dramatic” shortfall that may result in lay-offs this year. And, officials said Wednesday that next year will likely be no better.

The shortfall comes as county officials a year ago built jail revenues into the 2009 budget, as they have for many years. Traditionally, any revenues earned by York County Jail through boarding prisoners and reimbursements through the Community Corrections Act have gone into the county’s general fund.

But last year the state approved a jail consolidation bill and officials have been told that while the county can technically “keep” the revenues and reimbursements earned by the jail, the money must be kept separate from other county funds and used only for jail expenses, such as capital expenditures.

That means the revenues won’t be available to cover other county expenses.

Commissioners met in a closed-door session Wednesday to talk about potential lay-offs ”“ and potential alternatives.

“We’ve been discussing personnel issues because we’re facing a dramatic shortfall in revenue and we’ve been discussing who we’re potentially going to lay off,” said Commission Chairman Sallie Chandler when the board reconvened in open session.

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Lay-offs this year are not an absolute certainty. While not giving out specific details, commissioners said they are exploring alternatives that could forestall a reduction in personnel for this year.

Chandler was scheduled to meet with Gov. John Baldacci today to discuss the situation.

“I feel like York County taxpayers are being penalized for the state’s use of the jail,” said Chandler. “The rules keep changing on a daily basis.”

Both the Maine House and Senate this session passed L.D. 1224, which among other jail consolidation-related issues, spells out that jail revenues and reimbursements must be kept with the jails and not used for general county expenses. Gov. Baldacci has not yet signed that bill and Chandler said she’ll ask him to reconsider that portion of the legislation.

Chandler said it was the commission’s understanding, from talks with state corrections officials and others throughout 2008, that the revenues could be used for general county use. County budgets for the upcoming calendar year are begun in July of the previous year.

“We understood we could use them and so we did,” she said. “It wasn’t spelled out (in the original jail consolidation law.)”

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Commissioner David Bowles, who joined the board in January, said the issue had been brought up at Maine County Commissioner Association meetings this spring and that there were questions about the jail revenues’ status.

Commissioner Richard Dutremble pointed out that he had asked the Board of Corrections, in a fall 2008 visit, about the status of the jail revenues and was told at that time the county could keep the money. But, Dutremble noted, the officials might have misunderstood his question.

Then, in mid-April when state Board of Corrections personnel came to York County to talk to commissioners about jail budgets, they were told the revenues must not be used for general county expense.

York County officials have declined to put a specific figure on the shortfall, saying that  they are waiting for more concrete information, but it appears as if the total may be upwards of $800,000. York County Jail boards an average of 70 prisoners a day at a state-mandated rate of $21.16 per prisoner and receives $300,000 or more through the Community Corrections Act.

Board of Corrections member Phil Roy helped write the original jail consolidation law and said Wednesday that it was the law’s intent that jail revenues are kept for jail use.  But he conceded that some agreed the intent was clear in the legislation and some did not.

He said the problem in York County stemmed from the jail cap on expenses. The consolidation law that melds, to some extent, county jails and state prison systems, mandates that York County pay the state $8.667 million annually in perpetuity for jail operations. Roy said state officials realized early on that York County’s cap was too high but that there was a clear message from Maine Municipal Association and others that no cap adjustments were to be made.

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County Manager Richard Brown said he believes the county can get through 2009 without lay-offs but said that 2010 will be different if no changes are made to the legislation. The county has few sources of revenue other than the registries of deeds and probate and the municipalities can’t be expected to make up for the shortfall, he said.

Brown said he’ll be asking department heads to submit 2010 spending plans that reflect a 15 percent reduction in this year’s budget.

“Next year will be full of hurt. There will be fewer people working in January,” he said. “For us to be taking in revenues for prisoners and then turning in (back) over to the state is insane.”

Any lay-offs that come will affect departments other than York County Jail because of minimum staffing requirements set by the state. That means potential cuts could come at the sheriff’s rural patrol division, in the district attorney’s office and in the registries of deeds and probate.

Commissioners said they expect more concrete information at their July 1 meeting.

— Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.



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