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HomeMy WebLinkAboutCOMM - Meeting Minutes - 4-P-85 - 4-17-1985 - PRISON BOARD205 MINUTE BOOK PRISON BOARD WASHINGTON COUNTY, PENNSYLVANIA 'Minute No. 4-P-85 Washington County Prison Board Washington, Pa., April 17, 1985 The Washington County Prison Board met for its monthly meeting at approximately 11:40 a.m. in the Commissioners' Conference Room with the following members being! present: Judge Gilmore, Commissioners Mascara, Petrosky and Paluso, Controller Beharry; Sheriff Fazzoni and District Attorney Pettit. Also being present: Warden Poland; Lou Lignelli, Director of Administration; Linda Hands, Clerk -Steno II; Chief Deputy Sheriff Littleton; Barb Davis, Administrative Assistant; Byron Smialek, Observer -Reporter; Natalie Moore, Herald -Standard and Joann Sarkett, Brownsville Telegraph. Chairman Pettit called the meeting to order and asked if there were any '..corrections, additions or omissions to Minute No. 3-P-85, each member having re- ceived a copy. Moved by Mr. Mascara, seconded by Miss Beharry, that Minute No. 3-P-85 be approved as written. Motion carried unanimously by the Board signify- ing their approval by stating "Aye". WARDEN'S REPORT: Warden Poland presented to the Board the following information: Income from other units for maintenance of prisoners for March, 1985: U. S. Marshals $12,498.75 Allegheny County $ 808.00 Prison Transport Co. $ 210.00 Westmoreland County $ 481.00 Fayette County $ 203.50 Immigration $ 555.50 TOTAL $14,756.75 Total Work Release and Weekenders Room and Board for March, 1985: Weekenders were billed $ 550.00 Received $410.00 Work Release were billed $ 555.00 Received $530.00 TOTAL $ 1,105.00 $940.00 Inmates seeing the doctor for March, 1985: Males 71 Females 3 Status of --'prisoners confined at the end of March, 1985: MALES FEMALES TOTALS Sentenced prisoners 36 4 40 Unsentenced prisoners `47 0 47 Federal Holdovers 18 1 19 Westmoreland County 2 0 2 Allegheny County 1 0 1 Work Release 7 1 8 TOTAL ill 6 117 BILLS: Controller Beharry presented to the Board for their consideration and approval the bills for the month of March, 1985, in the amount of $18,733.14. UIV MINUTE BOOK PRISON BOARD WASHINGTON COUNTY, PENNSYLVANIA } Miss Beharry reported to the Board that there was a slight problem with the bread bill at the Jail because some invoices had been lost and her office was having some problems matching invoices with purchase orders. Miss Beharry pointed out that her office did pay the February bill, but they still have a couple problems' to work out there. A brief discussion followed. Moved by Mr. Petrosky, seconded by Miss Beharry, approving the payment of the bills for March, 1985. Motion carried unanimously by the Board signifying their approval by stating "Aye". i OUTSTANDING REIMBURSEMENTS Reimbursable March Medical -0- Reimbursable March Maintenance $14,756.75 TOTAL *14,756.75 Outstanding Reimbursable Medical $ 1,498.57 Outstanding Reimbursable Maintenance $ 828.10 TOTAL $ 2,326.67 Total Medical Outstanding Reimbursements $ 1,498.57 Total Maintenance Outstanding Reimbursements $15,584.85 TOTAL $17,083.42 OTHER BUSINESS: Regarding the performance of an energy audit at the Jail that was suggested; at the last meeting, Lou Lignelli, Director of Administration, advised the Board; that back in October of 1981 the County engaged the firm of Foreman, Bashford and. Wallace, Architects and Engineers, to conduct an energy audit of the Courthouse and Jail. He noted that the results of the energy audit included 13 recommendii - ations indicating the potential savings (if those particular items were addressed) and the pay -back in terms of the time period regarding the savings. Mr. Lignell stated that the County implemented all of the recommendations that had a pay -back of 3 years or less. Three of those recommendations pertained to energy savings at the Jail; namely, (1) to insulate domestic hot water storage; (2) to reduce water temperatures in the Jail showers; and (3) to install automatic damper on domestic water heater. Discussion followed. Mr. Paluso stated that he felt there was probably a lot of heat lost through the windows and that they should be re- placed with something more energy efficient. More discussion followed. Lou Lignelli, Director of Administration, updated the Board concerning the situation at the Jail involving the contract for medical services and payment thereof (See Minute No. 3-P-85, dated March 13, 1985, p. 204 for further refer- ence.) Attached hereto and made a part hereof is a verbatim transcript of the discussion held and action taken by the Board concerning this matter. (See Minute No. 5-P-85, dated May 8, 1985, p. 207 for motion directing verbatim trans cript.) There being no further business, Chairman Pettit declared the meeting ad- journed at approximately 12:15 p.m. THE FOREGOING MINUTES SUBMITTED FOR APPROVAL: /Q, .. ,1985 ATTEST: SECRET RA Y 1 1 1 ATTACHMENT TO MINUTE NO. 4-P-85 DATED APRIL 17, 1985 TRANSCRIPT OF MEETING MINUTES CONCERNING JAIL PHYSICIAN MATTER I LOU LIGNELLI; AnQth.er thing, po have a situation. Z'd like to pass this around if I could. We have a situation and I would like to give some background to it that occurred starting on or about October 29, whereby Dr. Davis, who was the former physician at the ,jail, so notified us that he would no longer continue to be the physician after November, and on that basis, Bob and myself attempted to secure the services of another physician and Bob also then asked Dr. Davis in his behalf to recruit for a position or positions also at the jaiZ. During the month of November, very Zane in the month of November because I can recall myself it was the day after Thanksgiving, I had a call at my house from Dr. Gough who was an intern with Washington Hospital. In that week of Thanksgiving, Dr. Davis had identified interns from the hospital to fulfill and succeed him as a physician. At that particular time, we were attempting to secure the services of other physicians in the community without success and I spoke to a couple of physicians --one in particular who used to be the physician at thejail and he indicated to me that it's going to be very difficult to find a physician because of the fact that once one has established a practice, thejail is not necessarily the best contract for service to provide in the county. So they don't really have much interest in it. He indicated to me that we ought to attempt to do is to get a standing contract if we could with Washington Hospital and I indicated to him that we were considering these interns and he said that was exactly the way to go because that's probably about the only type of physicians you are going to be able to get to work the jail. So I talked to Dr. Gough, he was the primary contact, and at that particular time, he was representing himself along with three other physicians who were going to do work at thejail. Those were Dr. Daniels, Dr. Weis and 2 ➢r. Yaros. Then a question arose as them being interns if they would provide us with a certificate that they are a licensed physician. They subsequently sent that and I talked to them on the day after Thanksgiving and said what form we would like the contract to be in. I said is it possible that we could contract with Washington Hospital or Family Practice ---Are you people going to have an association of your own, or lastly, what we would prefer not to do is contract with you individually but if we would have to we would because with them coming and going, quitting and leaving, so to speak, that's going to require clot of paperwork on the county's part. They didn't know. One of the physicians at that time was on vacation. They said they would have to get back in touch with us sometime in December. I said we are going to have a problem. Dr. Davis has indicated tows that he is resigning as of the end of November and they indicated that could possibly they work under Dr. Davis and I said I thought that would be an appropriate arrangement whereby Dr. Davis continued through the month of December and he was to pay them-- he would pay those physicians that worked in that group. As early then as December 10th, I asked the Commissioners for authorization to enter then into an agreement with four physicians, Drs. Daniels, Weis, Gough and Yaros. On January 2nd, I had to subsequently rescind that request or authorization and request a contract with Drs. Gough, Dennis and Weis. Dr. Daniels dropped out. so during this whole period of December or actually at the end of November I was concerned that we possibly may not have any physicians to cover the jail so we asked Dr. Davis to continue on board and to reimburse through an agreement the three doctors or four doctors that would be working at that particular time because we were concerned that the jail would not have any physicians at all. The Controller sent a check to 3 Dr. Davis. Dr. Davis, for whatever reason ---from what I understand was concerned about how he would handle this in his own personal account or corporate account or whatever ---and sent the check back. So these individuals did not get paid or reimbursed for their services for December. Subsequent to that time, Dr. Davis has agreed to accept the check for the services in December and on the other hand these individuals that you see here are asking to be reimbursed for the services that were provided for the month of December. Now from what I understand having talked this week to Dr. Gough that Dr. Dennis is about to quit that he is no longer interested in serving under the conditions that he hasn't been reimbursed for December and from what they tell me they are not getting a timely check from the Controller from the point of the contract on ---is that they continue to get paid late. Now, I'm simply concerned that we don't have any physicians or we may not have a physician and it's not the most easy service to obtain for the county and I think that ---I want you to be aware and provide some direction in this manner. MR. MASCARA: Well, what say you, Pat? MISS BEHARRY: Well, gentlemen, I think the facts show that in mid - October, Dr.Davis submitted his resignation effective the end of November. He gave an ample six -weeks notice to the county. The contract that the Commissioners have entered into require only 30 days which obviously you would feel would be enough to get a replacement physician or you should require more time for notice to terminate. Dr. Davis gave six weeks notice --- the County failed, the County failed to provide a replacement --- MR. LIGNELLI: Watch your buzz words, okay. Watch your buzz words. The county did not fail. I'] El MISS BEHARRY: The county failed to provide ---- MR. MASCARA The county had difficulty --- MISS BEHARRY: At the end of November when there was no contract in existence for anyone to provide medical services at the jail, no one --- MR. MASCARA: I want to know why you didn't notify us in writing why you refused to pay this December bill? That's what I want to hear. You created the crisis and let's face it --- MISS BEHARRY: I didn't even refuse to pay it. Dr. Davis was paid and returned the check --- MR. MASCARA: Why did--- Mr. Chairman, may I have the floor for a moment? MR. PETTIT: Let's do keep it orderly so we can know that everyone had the benefit of everyone's---. MISS BEHARRY: Well, I'ZZ bet I can ------------------------ Mr. Lignelli. MR. MASCARA: Well, I'm not Looking for a speech. I'm looking for reasons. How are we going to get these people paid? MISS BEHARRY: The Controller, by statute, has a right to Legal counsel --- MR. MASCARA: The Controller, by statute, has an obligation to Let me know when you're not paying a bill. MISS BEHARRY: The Controller, by statute, has a right to Legal counsel. The question of retroactive contracts is a matter currently under consideration by the Court of Common Pleas. Without Legal counsel --- MR. MASCARA: Come on Pat --- MR. PALUSO: Cut it out --- MR. MASCARA: Cut it out. You're getting $75 an hour for an attorney. You got $3,000 in your budget --- MR. PALUSO: You spent $12,000 on an attorney so far --- MR. LIGNELLI: Wait, time out--- 5 MR. PALUSO: You have $3,000 to get advice in your budget.... If you need an attorney to hold that office then you should get out of it. MISS BEHARRY: Are you telling me, gentlemen, that I have $75 an hour to go out and secure an attorney --- MR. PALUSO: That's what you're paying Frank Carroll right now --- MISS BEHARRY: ----for all pending litigation? MR. PALUSO: $12,000 you're paying him right now. MISS BEHARRY: The $12,000 is generated by your refusal to set com- pensation, gentlemen. That $12,000 rests directly on your shoulders. MR. PALUSO: The Courts set the compensation, Miss Beharry, so don't give us that crap. MISS BEHARRY It rests directly on your shouZders. MR. PETTIT: Is there any reason other than your failure to have legal counsel as you put it that you have failed to pay this bill? MISS BEHARRY: No, that is the reason. I cannot determine the legality of the claim. I cannot determine the Legality of the claim. MR. LITTLETON: If the Warden would submit a bill that these doctors performed their services ---- MR. PETTIT: Excuse me, I'd like to ask a question or two. Is there any question as to whether those services were performed? MISS BEHARRY: No, there is not. MR. PETTIT: Is there any question as to whether they were competent services? MISS BEHARRY: I have not made judgement on --- MR. PALUSO: You can't make judgement. It's not your realm to make a judgement. MR. PETTIT: So you're not refusing to make payment on that basis though? MISS BEHARRY: Pardon? I MR. PETTIT: You're not refusing to make payment on the basis that they didn't do a competent job? MISS BEHARRY: No, I'm not. MR. PETTIT: So, you've exercised no judgement in that regard. You're simply failing to pay because in your opinion it's a retroactive type of thing and unless you can have legal counsel to say whether you can do that or not then you're going to refuse to do it? MISS BEHARRY: That's right. MR. MASCARA: Mr. Chairman, do you know what the problem is? Dr. Davis didn't know how until he talked to his accountant how he could administer being paid by the county the $1,400. It was very simple. All he had to do was put it in his bank account, issue three or four checks..... for $350 a piece ---- MR. PETTIT: $1,400 --- MR. MASCARA: --- and issue a 1099 to these individuals to show that he dispersed that money. It was a mechanical problem for the doctor but once he talked to his accountant his accountant said there's no problem, accept the check---. So he contacted the Controller and said send the check now I can handle it. She just saw that as an opportunity, you know, to make some political hay, and that's exactly what happened. Now you're directed even though you haven't given us the courtesy of going by the law, and the law is that in 30 days you have to write to us and you haven't done that. You don't do that in any bill so I'm not shocked. Now, if you're not going to pay it, I want a letter from you even though it's months late I would want one telling me why you refuse to pay. You said the services--- you answered the chairman --- MISS BEHARRY: Isn't it interesting, Mr. Chairman,that you have been aware that the Controller has refused to pay that invoice. Isn't it interesting that the law requires a contract to be in writing and isn't 7 interesting that you find --- MR. MASCARA: I brought that up to you last meeting, after the meeting, I gave you the courtesy and opportunity to pay it and you didn't pay it, MISS BEHARRY: You find no need to comply with the lain in terms with written contracts ---. MR. MASCARA: You break the law every day. MISS BEHARRY: You find no need to comply with the Constitution of the Commonwealth of Pennsylvania but without Legal counsel and without secretarial help you expect the Controller to run the office by herself. MR. MASCARA: Louie, contact Mel, Bassi and have him file a petition this afternoon. The Letter says that naturally we would prefer to continue seeing patients. And what he's saying is that they're going to remove their services. Louie, get the County Solicitor and tell him to file a suit. I don't want to discuss it any further. LOU LIGNELLI: Well, I just want to point out to Miss Beharry I wrote the memo to her on December I7th saying effective the end of December Dr. Davis was terminating his services with the county. We had an understanding with him when we received his Letter that he would continue on---. MISS BEHARRY: Lou, he returned the check at the end of December--, MR. LIGNELLI: I understand he returned the check. MISS BEHARRY: You tell me he's continuing his service and he says he didn't do the work. He said he didn't have an agreement with you. He said he didn't have an agreement with Bob. MR. POLAND: Well, he's Zying if he says---. MR. LIGNELLI: He had an agreement. MR. POLAND: If he didn't have an agreement with me, he's Lying. MISS BEHARRY: He did not. He terminated his agreement effective 0 November 30th. There was no contract in this county on November 30th. 0 MR. LIGNELLI: Well, you are totally wrong. MISS BEHARRY: I'm not wrong. MR. PALUSO: There's no requirement in the County Code that there be a written agreement for professional services---. MR. MASCARA: It's a verbal agreement---. MR. LIGNELLI: You don't know that we talked to him prior to the end of November---. MISS BEHARRY: I talked to Dr. Davis. MR. LIGNELLI: So did we. We had an agreement with him, Pat. MR. LITTLETON: What would have happened if he would have cashed the check? MR. PALUSO: Nothing. MR. MASCARA: Nothing. MISS BEHARRY: Nothing, you're right. Nothing would happen. MR. LITTLETON: Well, what's the problem now then? MISS BEHARRY: Well, now we find out that Dr. Davis didn't perform the services. MR. LITTLETON: Well, suppose he cashed the check and he didn't perform the services. He's paying the other doctors. MISS BEHARRY: The Commissioners could have been surcharged for having paid someone who didn't perform the services at thejail. JUDGE GILMORE: Why couldn't you be surcharged? MR. PALUSO: Yes. MISS BEHARRY: For what? JUDGE GILMORE: Well, you paid it. MISS BEHARRY: I could have, but I have a pre -audit and post -audit function. They had the responsibility to know what Dr. Davis was doing, not the ControZZer---. MR. LIGNELLI: We were up on top of--- r a JUDGE GILMORE: Boy, that's news. MISS BEHARRY: They execute the agreements and they send me copies. JUDGE GILMORE: Yes, but don't you determine the services were per- formed? You don't? MISS BEHARRY: Yes, we do determine the services were performed. Based upon --- JUDGE GILMORE: And if you don'ts then you're not responsible? MISS BEHARRY: If we determine services were --- JUDGE GILMORE: If you don't make a determination? MISS BEHARRY: No,and as a matter of fact, David, based upon what happened with Dr. Davis ---. JUDGE GILMORE: I don't care what happened with Dr. Davis. You made a generaZ aZZegation that you can pay a biZZ without investigation and have no responsibility. MISS BEHARRY: But there is a signature there. There's an approvaZ. JUDGE GILMORE: Your signature is there. MISS BEHARRY: My signature is on the check. I'm talking about on an invoice. JUDGE GILMORE: Who's signature? MISS BEHARRY: Bob Poland's or someone's signature on an invoice. JUDGE GILMORE: But you said the Commissioners. MISS BEHARRY: They are empZoyees of the Commissioners and the Commissioners are responsible for the conduct of their empZoyees. MR. LITTLETON: You paid somebody for services ---. and you cansurgarged? MR. PALUSO: Do you mean you're not responsible for paying them? MISS BEHARRY: Of course. MR. MASCARA: It's just Zike she pays for BZue Cross and BZue Shield. She pays us and then she surcharges us. 10 MR. PETTIT: That's a good one. MR. PALUSO: Tell me how you do that. MR. MASCARA: Let's get the County Solicitor, He'll file a law suit. Let's move on.---We'ZZ get it paid. MR. LITTLETON: Well, do we have doctor's services at the jail? MR. MASCARA: I make a motion that the Controller be directed to pay. MR. PALUSO: Let me point something out to the members of the Prison Board here. None of you gentlemen and ladies are covered by Errors and Omissions Insurance and I want you on notice of that because of the various shenanigans that have gone on in the past two years. Now, if you recall, there were law suits last year against the Prison Board in Allegheny County individually and coZZectively, and I want you all on notice that no one is covered because of the foolishness that's been going on. Not only as Prison Board members but as elected officials --- you're not covered by any insurance. MR. MASCARA: I don't understand something, Pat. Do you tend to prisoners up there? Do you go up and examine prisoners? MISS BEHARRY: Examine? MR. MASCARA: Yes, I understand you had a complaint and you went up and Looked at somebody's ankle or something. MISS BEHARRY: I went up and talked to a prisoner at the request of a prisoner about a complaint about medical attention two years ago. MR. MASCARA: And you're not a doctor --- MR. PALUSO: And you made a statement at this Prison Board Meeting that the doctor had misdiagnosed the man. MISS BEHARRY: I certainly did not say that. MR. PALUSO: You certainly did. I hope we have the tape because I'd like to play it for you. t 11 MR. LIGNELLI: Well, I just want to indicate that nothing was done surreptitiously at all. Bob and I worked in concert to continue physician service at the jail not to expose the Board of Commissioners, the Prison Board or the County for not having a service that they need to have and on that basis that we acted through verbal understandings and that nowhere does the Controller have anything to indicate that Dr. Davis was not under contract with the County until the end of December. MISS BEHARRY: ....except Dr. Davis returning the check and saying... MR. MASCARA: She's abrogating his right to subcontract is what she's doin, MR. LITTLETON: ....he did perform the service...... suppose he sends you a Letter stating that. MISS BEHARRY: At this point I would be hard put to have Dr. Davis do that... if neither of them... said they didn't. MR. PALUSO: Mr. Chairman, may I have the ... Mr. Poland, may I... MR. PETTIT: Mr. PaZuso has the floor. MR. PALUSO: I think the overriding factor in all of this discussion, Mr. Chairman, has to be the fact that Mr. Lignelli in his capacity made sure that we had medical coverage by physicians at the county jail regardless of the Legal subtleties or foolishness that might be going on at other quarters. And I think the overriding duty of this Prison Board is to provide the necessary services at the appropriate times and that should override any consideration of the technicalities of Legal advice on paying any bill or any other foolishness that's brought up. And I think that all of you on this Board, I'm sure you agree that that is our overriding consideration here, but also you should be aware that what I brought up -that you are not covered by any errors and omissions insurance in this capacity or any other capacity you have in this County.at the present time. And you have not been covered since 12 January 1. This is due to the various Controller reports that have it been filed and I think that in all fairness to all of you gentlemen that what Mr. Lignelli did was the proper procedure in providing the coverage at the appropriate times with or without the Controller's blessing. Because it was your careers and your personal liability that was covered by his actions. MR. POLAND: Is it possible to purchase this errors and omissions insurance? MR. PALUSO: You cannot purchase it... If you can, you are welcome... the County will pay for it but you can't get it. Not until this other thing... (TAPE CHANGED) MR. POLAND: ...seem to me that any lawsuit that comes up on me at the JaiZ is me privately. MR. MASCARA Personally. Everytime I sign a document down here I'm exposed MR. PALUSO: And that includes the Controller. Incidentally, that includes the Controller...... MR. MASCARA: ...I got the whole county. ...don't think just Bob Poland did this. They say the Chairman and all the members of the Prison Board - they sue us as Commissioners, they sue us personally. MR. PALUSO: That includes everyone. Everyone. MR. PETTIT: Any other items of New Business to be brought before the Board? Prison MR. MASCARA: I think this/Board ought to make a motion and second it to direct her to pay the bill. I have the county soZicitor preparing the petition right now for the courts. This is something we can't let go tiZ next week or next month. MR. PETROSKY: I would like to go one step further, I think the Prison Board should give us some direction in terms of what action they want to take in terms of this issue. Here we have seemingly significant 13 efforts made by Washington County Commissioners through their Director of Administration to assure the continuing service at the Washington County Jail and Miss Beharry may be right when she says that we had no existing contract but sometimes technicalities can bring dire results. And I think in this instance our best judgment was that if there was no contract existing and I'm not suggesting that there was because I am not familiar with that aspect of it - but in our best judgment it was our judgment that we needed to have the services and the coverage for the prisoners of the Jail. And somehow in my own mind regardless of who is right based on the technicalities of this issue, this is a gray area in which we find ourselves functioning in many instances in govern- ment and it would appear that reasonable people should be able to work this out. I don't think there's any question that the four doctors provic the service during the month of December. We did have a verbal under- standing with them and now we're in a position where they are not paid for their service and we have another problem. I think it's absolutely ludicrous that these kinds of problems should continually arise and detract and deter not only from government but from also the personalities involved. And I think it's a sad commentary. I would suggest that if there is any way that this problem could be resolved without a hassle that this Board approach it from that end. The key here is to get the individuals paid and to maintain the service. MR. MASCARA: That's all very good but she's sitting there - she can tell you - she gonna pay or aren't you gonna pay? CONTROLLER: I don't have legal counsel... MR. PALUSO: Ah, you do have legal counsel.... MR. MASCARA: I would like to make a motion that the Prison Board direct Miss Beharry to pay the bill. MR. PETTIT: You heard the motion, do we have a second? 14 MR. PETROSKY: I second. if MR. PETTIT: It has been moved and seconded. I think we've all had ample opportunity to discuss the issue unless someone else has something to say that they think is pertinent. CONTROLLER: I want to say something, Mr. Pettit. MR. PETTIT: Yes. CONTROLLER: That I would be delighted if we could sit down and work out an agreement not only on the issue of Drs. Gough, Weis and ➢ennis. I'd be delighted. On that, on the services of Mr. SoZZon and save the County all the money... MR. MASCARA: Let's not cloud the issues. MR. PALUSO: We're in a Prison Board meeting. CONTROLLER: All the money that's involved. For retroactivity and the Commissioners failure to execute agreements according to law. I cannot and will not ... MR. PETROSKY Not to interrupt you, Pat, but I'd like you to stop right there for a minute. Is it important to execute agreement according to law at that instant or was it important to have a doctor to provide the service in case something happened at the jail? CONTROLLER: Welt, it took a month... MR. PETROSKY: Now, in your mind... CONTROLLER It took a month... MR. PETROSKY: What took what month? MR. LIGNELLI: I explained that... CONTROLLER: From November to the end of December ---they were performing the services... MR. PETROSKY: You don't listen, Pat. You don't listen. MR. PALUSO: Did anybody read this letter? Although no written contract... MR. MASCARA: Compromise is doing things her way. MR. PALUSO: with the accordance with the verbal agreement between ➢r. 15 Dennis Davis... and Washington County MISS BEHARRY: I would be more than happy to work out something.. MR. MASCARA: The verbal contract no longer .�....under common law. MISS BEHARRY: But you have to understand something. That everytime the Controller does something without legal counsel, Commissioners come back and use it against the Controller when she's using principles of law for legal standing in another issue. Well, Miss Beharry, you paid the doctors- at the jail for December and there was no contract. Or the contract was retroactive for the doctors at the jail why can't it be retroactive for management raises; why can't it be retroactive for Mr. Sollon; why can't it be retroactive... MR. PALUSO: Let's get off of the soap opera, Miss Beharry. We're in a Prison Board meeting. We're not discussing---. MISS BEHARRY: This is a very, very serious legal question here in terms of the law governing the Controller's responsibilities and duties and I cannot violate those responsibilities and duties simply because the county has failed to comply with the law. MR. MASCARA: A question on the motion, Mr. Chairman MR. PETTIT: All right; you've heard the motion and you've heard the discussion. All those in favor signify by saying "Aye". ALL BUT CONTROLLER BEHARRY: Aye. M.?. PETTIT: All those opposed? MISS BEHARRY: No. MR. PETTIT: Let the record show the vote. 1