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March 4, 2008


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NEWS

Sheriff’s Lawsuit…
Motion Withdrawn to Remove County Attorney

By Joel Washburn
washburn@mckenziebanner.com

Sheriff Bendell Bartholomew is represented by attorney Matt Maddox in the sheriff’s lawsuit for more personnel and a pay increase for the sheriff’s department.

HUNTINGDON (February 27) — Robert Keeton, II remains as the legal counsel for the county of Carroll in the case of Bartholomew against the county of Carroll. Following a hearing on Wednesday, February 27, Bartholomew’s attorney, Matt Maddox, withdrew his motion which attempted to preclude county attorney Keeton from representing the county.

Judge Allen W. Wallace, a retired senior judge from Humphreys County, agreed to hear the case after circuit judges Donald Parish and Creed McGinley recused themselves from the case. Just a few minutes into the hearing held at Huntingdon City Hall, Judge Wallace recessed court so that he, Maddox, and attorney Larry Hicks could meet in private chambers. Hicks was representing Keeton concerning the motion. When the three returned to courtroom, Wallace admonished the two legal teams to work things out or “I’ll work it out for you.” He then signed the court document noting the motion to bar Keeton had been withdrawn. During the proceedings, Wallace reiterated twice that the state legislature has increased the constitutional and statutory duties of the sheriff through the years.

Prior to the meeting in chambers, Maddox indicated Keeton had a conflict of interest since he, as county attorney, had represented the sheriff’s department in lawsuits and additionally represented Bartholomew as a private citizen in the mid-1970s in a worker’s compensation lawsuit against an employer. Maddox was prepared to introduce five witnesses to testify. Wallace indicated he did not concur with Maddox’s argument about a conflict. He noted a country lawyer has to take on many types of cases to survive.

Following the hearing, Maddox said he is continuing with the case, but otherwise had no comment.

Sheriff Bartholomew, who was first elected in 1994, filed a lawsuit against the county last August after the county commission did not provide the budgetary appropriation for Bartholomew’s request.

The sheriff requests an increase of $1.3 million for his department including pay increases ranging from 28.2 percent for the chief deputy to 6.1 percent for jailers. The sheriff’s salary is set by state law.

In his lawsuit, Bartholomew requests nine additional deputies, 16 new patrol cars and a four-wheel drive Ford Expedition for himself. In the suit, Bartholomew said the department lacks sufficient personnel, equipment and supplies to perform all statutory and constitutional duties and those duties are not being performed because of lack of funding.

In the 2007-2008 budget, the county commission approved nine new police interceptor Ford Crown Victorias for the Sheriff’s Department at a price of $23,170 each from Tri-County Motor Company. Those cars are now in service. Bartholomew requests the following number of personnel and pay schedule: one chief deputy at an annual salary of $42,382; 21 deputies at $31,213.55; four sergeants at $35,076.02; three investigators at $34,099.02; eight dispatchers at $27,079.47; one chief jailor at $34,237.72; nine jailors at $26,358.47; one clerical person at the jail at $27,350.58; and one cafeteria person at $24,339.80. Additionally, the sheriff requests holiday and overtime pay for all employees, a three percent annual increase for all employees over and above the requested performance salary increase.

No date has been set to hear the lawsuit.

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March 4, 2008