Why Cumberland County increased its pay grades for all county attorneys

In the wake of significant vacancies and doubling caseloads at the Department of Social Services, the Cumberland County Board of Commissioners unanimously approved pay grade increases for county attorneys.

The increase was recommended by County Manager Clarence Grier, who researched what county attorneys made in comparison to salaries in nearby counties. Grier presented his findings to the board Aug. 21 after Brenda Reid Jackson, the interim director for the Department of Social Services, asked commissioners to approve hiring outside attorneys to reduce the burden on the department’s in-house counsel.

The Cumberland County Board of Commissioners voted Aug. 21 to increase salaries for all county attorneys.
The Cumberland County Board of Commissioners voted Aug. 21 to increase salaries for all county attorneys.

Jackson told the board at its Aug. 10 agenda session that attorneys for the Department of Social Services were handling about 80 cases each — twice what is recommended by the Bar Association — and that all of the department's four filled positions, out of seven total, were staffed by attorneys with no more than a year's experience.

“Due to the complexity of child welfare cases and current staff attorney vacancies in the Legal Unit, the assistance of another licensed attorney (outside Counsel) is necessary if we are to meet the legal requirements set out in the statutes and by the appeals court,” Jackson said in a letter to the board.

What led to the increase

Although Grier raised the starting salary for staff attorneys from $73,304 to $85,815 on July 18, that increase was not enough to offset competition from other counties and private firms, Jackson said.

Patrick Kuchyt, assistant director of legal services for the department, said at the Aug. 10 meeting that he and others were going to other counties for better pay.

“Candidly, it’s a substantial pay raise,” Kuchyt said of his new job. “As far as my attorneys, a lot of them are moving on because of the pay. That is one of the factors. A lot of the time, it’s the main factor. The starting salary up through about two weeks ago was $73,000. Harnett County starts at $91,000.”

After multiple requests for proposals from outside counsel, only one firm, the Charleston Group, offered its services, Jackson said. That contract would have cost the county $416,000 for an attorney and a paralegal to perform 30 to 40 hours of work each week, she said.

The Board of Commissioners voted 5-2 to reject the contract, with Commissioners Marshall Faircloth, Michael Boose, Jimmy Keefe, Glenn Adams and Jeannette Council voting to reject the contract and Commissioners Veronica Jones and Toni Stewart voting in favor of approving it. The board then unanimously voted to direct Grier to research possible alternatives to hiring outside counsel, with employees of the County Attorney’s Office partnering with the Department of Social Services to reduce their caseload temporarily.

Commissioner Michael Boose said he worried hiring outside counsel at that cost would drive away current staff.

“It’s giving someone five times the full-time salary of someone that’s already there, for part-time work,” he said.

New salaries

According to Grier’s presentation, county attorneys’ new salaries will be as follows:

  • For attorneys in the Child Support department, a minimum of $93,000 and a maximum of $147,551.98 (a $16,763.04 increase from the previous $76,236.96 minimum).

  • For the lowest-level attorneys with the Department of Social Services, a minimum of $95,000 and a maximum of $148,551.98 (an $18,763.04 increase from the previous $76,236.96 minimum).

  • For attorneys with the County Attorney’s Office, a minimum of $100,000 and a maximum of $170,8734.78 (a $16,531.59 increase from the previous $83,468.41 minimum).

  • For the county attorney, a minimum of $144,711.30 and a maximum of $243,548.43 (an $18,875.39 increase from the previous $125,835.91 minimum)

  • For employees in the Attorney II position at the Department of Social Services and the County Manager's Office and the legal manager in the Child Support department, a minimum of $110,000 and a maximum of $169,096.58 (a $30,243.57 increase from the previous $79,756.43 minimum).

Grier said the increases will, at most, cost the county $65,000 due to reimbursements from the state for employees' salaries and benefits. The salary changes went into effect Aug. 28.

Government watchdog reporter Lexi Solomon can be reached at ABSolomon@gannett.com.

This article originally appeared on The Fayetteville Observer: Cumberland County attorneys get pay grade increase after vacancy issues