Another Day, Another Lawsuit

Ahhh, Change is in the air. It is amazing what an extra hour of sleep will do for a person’s thought process. It should really come as no surprise that Jefferson County is facing another lawsuit. Those that did not see this one coming were either asleep at the wheel or have simply tuned out the latest turmoil that has seeped into Jefferson County government. This week Jefferson County Environmental Director Tom Carter filed suit against the full body of the Jefferson County Commission and individually named 14 Commissioners. He is asking the courts for relief regarding the Commission’s $16,887 cut to his salary during the most recent budget cycle. What is a little different about Carter’s suit is that he is also asking for those Commissioners that have been individually named to be removed from their jobs for failure to perform their duties as described in the financial act ( the Act of 1981) that Jefferson County operates under.

Will he get what he wants? Who knows? I would assume that this case will be moved elsewhere to be heard and , though extremely rare, elected officials have been removed before for various reasons. My guess is that Carter and his attorney know that it is a long shot but it is as much a statement as anything. As for restoring his salary, in reality it will likely be several years before any decision is made, if it is not settled. Carter is looking for prejudgment interest on any damages awarded and that could add up but it is nothing compared to what it will likely cost the County and Carter in fees. Defending a lawsuit costs money, as does filing a lawsuit. Winning a case against the government is kind of like fighting a giant on his own turf. But, if you are looking for vindication, a legal suit gets noticed by the general public and the press in ways that requests and complaints simply do not.

Some Commissioners contend that cuts made to Carter’s salary and his office were simply dollars and cents, a financial decision made to answer a financial crisis. For others it has become clear from discussion at recent meetings that they believe that there are problems with the Environmental Office and Carter. The potential problem that they face is that Carter’s salary was pulled out as a line item cut, and when it was discovered that funds were available to restore Carter’s salary, they didn’t. In fact, they just gave an across the board raise to County employees to the tune of more than $600,000 per year so that answers it’s own question. It is hard to use the reasoning that you don’t want to dip into fund balance until next budget season to address Carter’s cut and then pass 5% employee raises. To be fair, some that voted against restoring Carter’s salary also voted against County raises and there is continuity in that vote. But some didn’t. Is there a problem with Carter’s performance? And if so, can the Commission reduce his salary based on that assumption? I think that is the $16,887 dollar question. Well, it is the at least $16,887 question. Or maybe the question really is, what is it worth, in dollars and cents, to stand on principal-for either side? I suppose that we will see.