How bad is too bad?

The snowstorm that blew through Crook County on New Year's Eve has prompted department heads and the commissioners to review the policy on closing down the courthouse in times of bad weather. County Clerk Linda Fritz pointed out that the wrong person may be in charge of making the call and the guidelines themselves may be too strict.

"The reason that I felt we need to do something different is that there have been days when we have been here that the weather is so [bad] that we shouldn't have our staff out on the roads," she said.

Fritz described two issues with the policy as it stands; firstly, that the policy states the building will be closed only if every road into Sundance is shut down.

However, said Fritz, sharing information she gathered with the help of WYDOT, the roads in and out of Sundance will almost never completely close down. There is federal money involved, she explained, plus the issue of potentially damaging commerce.

"I think it's unreasonable for us to have it that every road in and out of Sundance has to be closed in order for the courthouse to be closed," she said, later adding:

"I just think that, at some point in time, we need to value the employees' safety."

Fritz's second issue is that the responsibility for advising the county commissioners to close the courthouse lies with the emergency management coordinator.

"Our emergency management coordinator lives in South Dakota," she said.

Fritz pointed out that Sheriff Jeff Hodge has deputies out on the roads early in the morning, when the call would need to be made, while Road & Bridge Foreman Morgan Ellsbury is in a good position to know the condition of the roads.

“Maybe if those two consolidate with each other and then consult with the board, then that’s a better call,” she said.

County Attorney Joe Baron stated that the county has had its current policy in place for snow closures since 2015 and this should be followed in the event of bad weather. According to the policy, the chairman of the commission is responsible for declaring a closure (or the vice chairman or member should he or she not be available), while the director of Homeland Security or the municipal fire chief or police chief or county sheriff can also do so in an event such as fire or flood.

The policy also states that the situation be reevaluated at 10 a.m. and noon.

Full or part-time staff, according to the policy, are paid at their regular rate if the courthouse closes. If an employee is excused early or arrives late due to weather when the courthouse is open, however, they must use vacation time or not be paid during that time.

Baron argued that loosening the criterion for a closure may not be as simple as it seems.

“Actually, it’s not whether or not the courthouse should be closed. It’s whether or not people should show up for work is what the real issue is,” he said.

Current policy speaks to how people should get paid on a snow day, said Baron, in order to remove the employer from the decision-making process.

“People have a right to make decisions. They choose to live wherever they want to live and they choose to work wherever they want to work,” he said.

If an employee feels the weather is going to be bad and wants to leave early, or is delayed in reaching the courthouse in the morning, they can draw from their “very generous” vacation time, Baron said. This leaves decisions about such things as an employee’s safety and financial situation in that person’s hands.

Baron added that, “Members of the public expect us to be open and doing their business.”

“It basically comes to the premise that, if you don’t work, you don’t get paid – it’s that simple,” he said.

Baron stated that he feels everything necessary is addressed in the existing policy. Fritz, however, did not agree on the basis that the criterion of all roads being closed is almost never going to be met.

“At what point in time is it ludicrous to have people on the roads?” she said.

Public Health Director Becky Tinsley explained that the situation is even more complicated in her office because she must follow state guidelines instead of the county policy.

“The state guidelines say that I can only close the office if the board of commissioners closes everything. If they don’t issue a closure, I have to have an employee who can get in here,” she said.

Agreeing with Baron that we all choose where to live and work, Tinsley explained that her difficulty is that she cannot make the determination herself and must follow the county’s lead.

“When the highway department says ‘no unnecessary travel’, at what point do we decide which services are necessary and are worth traveling on roads that are labeled ‘no unnecessary travel’?” she asked.

Whalen questioned the impact of Public Health having one employee who must come in during bad weather. What if that person is not qualified for the medical procedures requested that day?

Baron suggested that this is no different to an employee taking vacation, which requires others to cover their time. Tinsley responded that a vacation can be planned, whereas she “can’t control the weather”.

Several department heads expressed concern over the idea of potentially closing the courthouse more often, feeling that the fact employees are paid during that time incentivizes shutting the doors.

“You create a third level of benefits here, which is snow days. Even the kids have got to make up snow days,” Baron said. This is why the policy allows an employee to use vacation leave: when there is a cost to making the decision, the ability to choose not come to work is less likely to be abused.

While not opposed to closing the courthouse when necessary, Sheriff Hodge pointed out that it does have financial repercussions because deputies and Road & Bridge employees will still need to work.

“It’s going to cost the county money to close it,” he said.

“I agree there should be times when we close the courthouse but I’m not going to agree that the other day was one of those times – the roads were all plowed in Sundance. I had people come from Moorcroft and Hulett. My question is, where does it end if we just start closing it because somebody can’t shovel out of their driveway?”

Fulfilling the responsibilities of each office was also cited as a concern.

“In this last situation, it would have been difficult for us to close because it was a tax deadline,” said County Treasurer Mary Kuhl, providing detail on the issues she faced that day fielding calls and other contacts while attempting to meet this deadline while she was the only one in the office.

“If it were an election year, we would probably have been the same way. That’s the elected’s responsibility,” agreed Fritz. “I just have an issue with employees being on the roads when there is absolutely no reason for them to be.”

The issue boils down to pay and whether employees need to come to work, said Baron. Hodge noted that an employee’s willingness to make it through the snow is something he addresses early on.

“When I hire somebody I say, is this going to be an issue with you living in Hulett? Because if it is, and you call in, we’re coming to get you – and we do that,” Hodge said. “We’re not punishing the people who live in town and can get in because somebody wants to live 50 miles from where they work.”

Ellsbury agreed that it is the employee’s responsibility to find a way to work or make arrangements the night before to stay in town.

The idea of using the county’s ability to plow as a criterion for closure was also dismissed.

“If the plows aren’t out on the road, why are the rest of the employees out on the road?” Fritz asked.

On New Year’s Eve, that was a tactical decision rather than for safety, said Ellsbury. To “lay low” until a storm has mostly passed is often a better use of employee time than fruitlessly attempting to clear roads while the snow continues to fall.

Baron did agree with Fritz that the emergency management coordinator may not be the best person to make the call, saying, “If they guy’s not here, how’s he going to make a decision?”

The commissioners were in agreement that Ellsbury and Hodge would be better positioned to make the call. Hodge warned that he would be strict in his thinking on this matter.

“The other day, I wouldn’t have closed it down, I’m not going to recommend that. The last time I think I would have closed it down was Atlas,” he said.

Perhaps, said Commissioner Fred Devish, the conversation needs to be had in each office as to how to handle incoming bad weather on the forecast. “All these points are valid,” he said.

Following the discussion, all department heads were asked to look at the policy and propose changes. While it could not go into immediate effect that Ellsbury and Hodge take over responsibility for advising the commission to close the courthouse, it was pointed out that the ultimate decision is made by the commissioners and they can seek counsel from the sheriff and foreman.