Baldwin County, Alabama
File #: 20-0991    Version: 1
Agenda section: Other Staff Recommendations Status: Passed
File created: 3/18/2020 Meeting type: Baldwin County Commission Regular
On agenda: 4/7/2020 Final action: 4/7/2020
Agenda item title: *Absentee Election Duties Related to the 2020 Statewide General Election Cycle (Rescheduling of Primary Run-off Election)
Attachments: 1. Request from Jody Wise, BC Absentee Election Mgr 20200318, 2. Email SOS re Absentee Election Pmt Run-off Election 20200320, 3. SOS Emergency Rule 820-2-3-.06-.01ER, 4. Governor's Amended State of Emergency 20200318, 5. Email SOS re Absentee Voting Run-off Election 20200318, 6. Act 2019-415 House Bill 227, 7. Hernandez, Evelina - Contract for Services Assistant to AEM 20200121, 8. *GA1 - Hernandez, Evelina - Amendment to Contract re 2020 Primary Run-off Election

Meeting Type:   BCC Regular Meeting

Meeting Date:  4/7/2020

Item Status:   New

From:   Wayne Dyess, County Administrator

Submitted by:  Anu Gary, Administrative Services Manager

______________________________________________________________________

 

ITEM TITLE

Title

*Absentee Election Duties Related to the 2020 Statewide General Election Cycle (Rescheduling of Primary Run-off Election)

Body

 

STAFF RECOMMENDATION

Recommendation

Related to the 2020 Statewide Primary Run-off Election, and due to the March 31, 2020, Primary Run-off Election being rescheduled to July 14, 2020 by the Governor of Alabama by a Proclamation on March 18, 2020, take the following actions:

 

1)  Authorize the Absentee Election Manager (AEM) compensation for the July 14, 2020, Primary Run-off Election, as follows:

 

March 3, 2020 - Primary Election Day.

 

March 4, 2020 - March 17, 2020 - AEM will be paid only for days worked during this period per Section 171114, Ala. Code.

 

March 18, 2020 - May 19, 2020 - AEM will be paid only for days worked during this period per Ala. Emergency Admin Code 82023.06.01ER (Absentee Voting During State of Emergency, as authorized by the Alabama Secretary of State on March 18, 2020).

 

May 20, 2020 - July 21, 2020 - AEM will be paid only for days worked during this period (no more than 46 days within a 55-day time frame for this specific period) per Section 171114, Ala. Code.

 

2) Approve an Amendment to the Contract for Services with Evelina Hernandez for her services as Assistant to the Absentee Election Manager for the applicable absentee election time periods to be revised as listed above and recognized by law for the 2020 Primary Run-off Election on July 14, 2020, and authorize the Chairman to execute the necessary documents related to the amendment.  All other terms of the Contract shall remain as previously approved by the Baldwin County Commission on January 21, 2020.

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  N/A

 

Background:  On March 18, 2020, Governor Kay Ivey issued a Proclamation and a Directive for the March 31, 2020, Primary Run-off Election to be postponed to July 14, 2020, in order to protect the safety and well-being of the public due to the Coronavirus (COVID-19) pandemic. 

 

Staff received a request from Ms. Jody Wise, Baldwin County Circuit Clerk and Absentee Election Manager (AEM), on March 18, 2020, requesting the Commission’s consideration and approval for receiving compensation for days worked for the AEM and the Assistant to the AEM if the absentee period is extended. 

 

The AEMs are obligated as an elected official to work each day as needed on behalf of voters to issue absentee ballots between now and July 9, 2020, prior to the July 14, 2020, Run-off Election.  The Absentee Election Managers’ compensation is reimbursed by the State from the State Comptroller. Payment for additional days worked outside of the covered 46 days is a State Comptroller decision. 

 

The time periods during which the services are required by AEM and the Assistant to the AEM is 55 days prior to the election date, the election day, and the seven-day period following the election; however, the total number of days worked may not exceed 46 days.

 

Ala. Emergency Admin Code 82023.06.01ER regarding Absentee Voting During State of Emergency, and as authorized by the Alabama Secretary of State on March 18, 2020, allows the AEMs to work for an extended period of time to process absentee ballots from March 18, 2020 to May 19, 2020.  The AEM will be paid only for days worked during this period.

 

FINANCIAL IMPACT

 

Total cost of recommendation:  Additional cost, in addition to the usual cost listed below due to the rescheduling of the 2020 Primary Run-off Election (added work days between March 18, 2020 - May 19, 2020): 

 

Absentee Election Manager:  $150.00 per day worked, possibly 62 additional days = total cost not to exceed $9,300.00.  This cost is reimbursable by the State.

 

Assistant:  $75 per day worked, possibly 62 additional days = total cost not to exceed $4,650.00.  This cost is not reimbursable by the State.

 

Usual Cost per Election:

 

Absentee Election Manager:  $150 per day worked, not to exceed 46 days = total cost not to exceed $6,900.00

 

Assistant:  $75 per day worked not to exceed 46 days = total cost not to exceed $3,450.00

 

Budget line item(s) to be used:  51910 Elections

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

Yes.

 

Reviewed/approved by:  Approved by County Attorney 04/01/2020 tmg

 

Additional comments:  N/A

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  N/A

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  Time-sensitive

 

Individual(s) responsible for follow up:  N/A

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  Administration - correspondence to:

 

Absentee Election Manager

Jody L. Wise (notify via email only)

 

Revised contract to:

 

Evelina Hernandez

1411 Hand Avenue

Bay Minette, Alabama 36507

 

cc: 

Probate Judge Harry D'Olive

Sheriff Huey Hoss Mack

Violetta Smith, Elections Coordinator

Ron Cink, Budget Director

Christie Davis, Senior Budget Accountant

Cian Harrison, Clerk Treasurer

Donna Bryars, Senior Accountant

 

 

Additional instructions/notes:  N/A