ALFRED — York County government has declared a fiscal emergency that could mean as many as 40 layoffs spread over the district attorney’s support staff, rural patrol, the registries of deeds and probate and the county commissioners office.

“It will mean a reduction in services,” said County Manager Richard Brown.

The chairman of the county’s budget committee, John Sylvester of Alfred, was more blunt in his assessment of the situation.

“That cripples county government,” said Sylvester.

Commissioners declared the financial emergency at a special meeting Tuesday morning. In all, the county must cut $932,000 in spending by the end of the year.

Departments, with the exception of York County Jail, were told to submit figures to Brown by 10 a.m. Friday to outline reductions in spending of 17.36 percent from now until Dec. 31, the end of the county’s financial year.

The problem, officials say, lies within the legislation that last year forged a melded state and county corrections system and that mandates the county must earmark prisoner boarding revenues only for jail use.

York County employs about 200 workers, about 90 at York County Jail. No jail corrections staff will be laid off because the state mandates minimum staffing levels ”“ in fact, commissioners Tuesday also approved the hiring of five more corrections staff for the jail ”“ a move they made with chagrin.

“This, to me, is ridiculous,” said commissioner Richard Dutremble.

“I completely agree,” said commissioner Dan Cabral.

Workers after the meeting questioned that move to hire, wondering why the positions weren’t first offered to county workers facing layoffs. Brown said that decision was up to jail authorities but pointed out that the jail has a 30 percent job turnover rate, so additional vacancies are likely.

Because jail staffing cuts are apparently out of the question, it means all of the layoffs will come from the remaining pool of 110 workers.

It appears as if most layoffs will all come from two unions: Maine State Employees Association, which represents about 50 clerical and support staff within the district attorney’s office, the registries of deeds, probate, sheriff’s office and commissioners office; and from the 24-member County Patrol Association that represents the rural patrol and detective divisions of the sheriff’s office. As well, there are a few other, non-unionized workers employed by the county.

There is currently no provision for layoffs or cuts to management.

“It will be a tough time holding these departments together with fewer people,” said Brown. “We haven’t looked (at management cuts) yet. Those who are left will be doing the work of those going.”

Last week Brown discussed the possibilities of a reduced workweek of 30 hours with MSEA local 1297. On Tuesday he said the county can’t mandate a shorter workweek, that the offer must come from the union. Brown also said a reduced workweek by the estimated 50 members off the union would eliminate some layoffs, but likely not all of them.

MSEA local 1297 president Rachel Sherman said the unit represents just 25 percent of the county’s entire workforce, including the jail.

“If the financial news is to the extent that has been conveyed, then it may be possible that this disaster is far too encompassing for any concessions by our little unit to matter,” she said. “We are still waiting for requested documents and information before we can even begin to figure out what difference any concessions could possibly make.”

Brown said more specific information would be available next week but said the county could lay off anywhere from 20 to 40 people. It is believed the actual figure is about 30.

The shortfall comes as county officials a year ago built jail revenues from prisoner board into the 2009 budget, as they have for many years. Traditionally, prisoner board revenues earned by York County Jail have been used to reduce jail expenses and thus lower the jail’s impact on the rest of the county budget. But when the jail consolidation bill was approved by the Legislature last year, it included a provision that the boarding revenues must be used only for jail expenses.

County commissioners said that provision wasn’t spelled out in the original legislation, so they built the revenue into the 2009 budget.

That projected boarding revenue of $932,000 for this calendar year is in addition to the nearly $8.7 million cap set aside from county funds annually to operate the jail through consolidation legislation. A cap was set for each of Maine’s 16 counties for jail expenses. With the cap and the boarding revenue, the jail’s cost to the county is nearly $10 million of the annual $18 million county budget.

State Board of Corrections member Phil Roy two weeks ago said it was discovered early on that York County’s $8.667 million cap was too high but that Maine Municipal Association and others were resistant to modifications.

In nearby Cumberland County, Finance Director Vic Labrecque said the situation is different. When Cumberland County submitted figures to the state for a capped assessment of $11.6 million annually, he just subtracted “everything that would go away,” as if the jail didn’t exist, including boarding revenues.

“We’re in fair shape,” Labrecque said.

 Sylvester, who is also vice president of MMA, said the agency favored a cap as the original jail consolidation legislation was being worked out because it locked in the amount property tax payers would pay.

“This is very unfortunate. If the state is not prepared to step in and take over county government, there are not too many alternatives (to layoffs),” Sylvester said. “County government services are critical to the residents of York County.”

Sylvester said he believes there should be an effort forged that would allow counties to keep the assets that have been earned.

“County government cannot function with half its workforce,” he said.

Commissioners met with some members of the county legislation delegation to discuss the jail consolidation bill later Tuesday.

— Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.