Published: December 03, 2008 08:24 pm      

Prosecutors get bad news on budget cuts

Will ask governor to spare their budgets

FRANKFORT — Everyone knew it was coming, but when prosecutors found out Wednesday they are facing tough choices between employee furloughs – or maybe layoffs – they weren’t happy.



Gov. Steve Beshear has asked all agencies and departments to submit plans to reduce their current year budget by 4 percent – five and a half months into the year. That means all of the 4 percent reduction has to come out of less than half of their annual budgets. And since County Attorney and Commonwealth Attorney offices incur fixed costs for things like office space, the whole bite has to come out of personnel for most of them.



About 80 local prosecutors showed up Wednesday in Frankfort to learn from the Prosecutorial Advisory Council (PAC) just how bad it’s going to be. Bad, they were told, and it’s probably going to get worse next year.



“I’ve been here 12 years and this is the worst thing I’ve seen,” Janet Graham, an attorney in Attorney General Jack Conway’s office, told the restive group.



Some agencies might defer planned projects or purchases, but prosecutors don’t have that option, said Christian County Attorney Mike Foster, a member of the PAC. Because most of their budget is payroll.



“Because of the nature of our budgets, our first and only option is personnel,” Foster said.



Gale Rose, assistant commonwealth attorney for Keen Johnson in the 21st Circuit of Montgomery, Rowan, Bath and Menifee counties, said their office has fixed costs for office space, telephone and utilities.



“Those can’t be included (in the cut),” she said. “The only pot we have left that is flexible is personnel and office supplies. So, it’s really more than a 4 percent cut. It’s more like 13 percent of our personnel budget.”



Both groups, county and commonwealth attorneys, approved motions to ask Beshear to exempt them from the planned cuts. But they aren’t that hopeful. So they passed an alternative plan to reduce costs and turn back 4 percent of their year-long budgets to the state.



They may use local funds – collections, fees, grants, or any money they’re appropriated from local government to cover the shortfall, to pay their budget reduction. Or they can furlough all state employees up to three weeks, staggering the weeks and including all such employees in any given week. Or they can lay off staff.



Karen Davis, commonwealth attorney in the 43rd Judicial Circuit of Barren and Metcalfe counties, asked if layoffs aren’t, in effect, permanent.



“If I tell my employees they’re being laid off, they may think they can come back in a few months,” she said. “But is that going to happen?”



Graham and OAG Budget Director Gina Cary said any vacancies created by layoffs aren’t likely to be funded in future budgets.



Furloughing staff for an entire week, leaving only the county attorney or commonwealth attorney in the office, will make it difficult and in some cases impossible to conduct trials, others said.



Jefferson County Commonwealth Attorney Dave Stengel said maybe that’s not so bad.



“By closing the office we’ll be telling people at home just how bad this situation is and maybe they’ll let the legislature hear from them, you are getting the message through (to lawmakers),” he said. “It will bring it home to the public.”



Anyone looking for brighter days ahead might need to take a second look, said Warren County Commonwealth Attorney Chris Cohron, president of the Commonwealth Attorneys Association and a member of the PAC.



“Everyone needs to realize this series of cuts is only going to get us to June 15 (2009),” he said. “We’ll be looking at another series of cuts come June 15.”



RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com.