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Wednesday, November 29, 2006

Ind. Courts - Still more on: Judicial mandate issues in Carroll County

In this Nov 16th entry, the ILB posted Carroll Superior Court Judge Jeffrey Smith's 5-page Order for Mandate of Funds.

Today the Carroll County Comet reports, in a story by Debbie Lowe:

Carroll County Council decided in a split vote to strike a compromise with Superior Court Judge Jeffrey Smith to settle a personnel issue without going through costly litigation. However, council members expressed their unhappiness with the situation.

Smith had previously requested that the county pay his substitute court bailiff, hired to do the work of the full-time bailiff, who is on unpaid medical leave, full salary and benefits, including medical coverage. The Council denied that request citing the substitute court bailiff was a temporary employee and was not entitled to that pay and benefits.

On Nov. 9, Smith issued a mandate (allowed by state statute), ordering that the substitute court bailiff be paid fulltime wages, plus benefits, including medical insurance.

Council members objected to the mandate and met in executive session with county attorney Barry Emerson Nov. 17 to discuss the matter. The following is the result of that meeting.

Resolution 2006-5, presented by Emerson, reads in part: "Be it resolved by the Carroll County Council as follows: That Dee Dellenbach shall be recognized as an employee mandated by the Court pursuant to the Carroll County Personnel Policy, and she shall receive all the benefits of a full time employee, excluding health insurance coverage, so long as the bailiff on medical leave is receiving medical insurance coverage. Dee Dellenbach shall receive an employment wage of $11.55 per hour, beginning from her date of hire of Sept. 28, 2006. The Carroll County Council waives trial on the merits of the Order For Mandate of Funds and agree to enter into an agreed order with the Judge of the Carroll Superior Court that incorporates the terms and conditions of this resolution."

"I am disappointed we had to come to this point," council president Rob Baker said after the three-to-two vote to adopt the resolution.

Council member Carl Abbott said the compromise was necessary "to save the taxpayers of Carroll County the cost of litigation."

Outgoing council member John Blackburn agreed with Abbott. The third council member to vote in favor of the compromise was Nancy Cripe.

"I feel it's in the best interest of the county to not spend thousands of dollars," explained Cripe.

Council members Ann Brown and Steve Ashby, who said he voted his conscience, voted against the resolution. Council member Jerry Hendress abstained due to a potential job conflict. Baker did not vote.

Brown said she called several county residents to ask for opinions about how to vote in the matter.

"No one was in favor of settling," she said. "They did not feel it was a financial or a legal issue, but a matter of what is right and wrong."

In a statement after the meeting adjourned, Baker said the cost of litigation could have exceeded $100,000.

Smith said that when he filed the mandate he, "did not anticipate being in the position that we both put ourselves in."

Baker questioned Smith about how the position would be filled when or if the absent employee resigned. Smith said after six months from the beginning of the unpaid medical leave, the fill-in employee would become the permanent employee. He said she would have had six months of training by that time and he would bring her onboard without following county hiring protocol.

"She's proven to be an excellent employee," he said. "She will just become a regular employee."

When questioned by Brown about extending the medical leave (of the permanent, fulltime court bailiff), a situation provided for in the county personnel policy, Smith declined to state definitely he would not grant the extension.

Posted by Marcia Oddi on November 29, 2006 04:42 PM
Posted to Indiana Courts