COVINGTON, Ga. — At least one county commissioners said he was “blindsided” when told about a dispute over pay calculations for top officials that could cost taxpayers tens of thousands of dollars to settle.
Attorney Stephanie Lindsey told the Newton County Board of Commissioners during a Tuesday, Sept. 29, work session the county had been wrongly calculating its constitutional officers’ pay for 26 years based on a misinterpretation of state law.
Lindsey said if the government continued to disregard the need to pay the county’s constitutional officers what they were entitled it was willfully breaking the law.
“It’s an illegal act, and it is a violation of their constitutional rights,” Lindsey said.
She said she was warning the commissioners about the need to change the system now or face the prospect of future legal action by the officers.
“The next attorney who comes along ain’t gonna be as nice as me,” Lindsey said.
County attorney Megan Martin told commissioners she recommended they continue to use the current calculation method until the Georgia General Assembly could address the local law, either in a special session this year or in the 2021 regular session in January.
Martin and attorney Sarah VanVolkenburgh, both of the Jarrard & Davis law firm representing the county government, described the calculation method the county has used since 1994.
The method is based on the highest minimum salary for any constitutional officer by using only the official’s salary and any voluntary local supplements.
It does not include cost of living raises and longevity pay and assumes Probate Judge Melanie Bell earns the highest minimum salary at $88,929.
Lindsey told commissioners she dscovered the issue in researching the payment method for Bell and Chairman Marcello Banes in their dispute with the county over how their pay is calculated.
Banes earns $101,000 annually and Bell $103,000 when all supplements are included.
However, they maintain they are owed about $180,000 each in back pay because the county has not been following state law in how it calculates officials’ salaries.
Lindsey said the county should have been using salary and supplements plus annual cost of living raises they already receive and longevity pay in calculating highest minimum salary.
That makes Clerk of Courts Linda Hays the highest paid official at $141,000 because of her 37 years in office.
Local legislation approved for Newton County in 1994 followed state law in how it was to calculate pay for the county’s four constitutional officers, including the clerk of courts, sheriff, probate court judge and tax commissioner.
The four are called constitutional officers because the state constitution specifies their duties and minimum salaries — both of which the county commission does not control.
In addition, the 1994 law included the chairman of the county Board of Commissioners on pay calculation — apparently in an effort at the time to make the position the highest paid in county government, Lindsey said.
She said she never intended to sue the county on the two officials’ behalf but, instead, wanted the county to change its method of calculation “immediately.”
Martin told commissioners she had been asking state legislators about the need to address the compensation method for five years.
State Sen. Tonya Anderson, D-Lithonia, disputed the attorney’s account and said she did not recall ever discussing the legislation with Martin.
Legislation introduced this year addressed the Newton County constitutional officers’ pay calculations but did not include any increases. Constitutional officers now receive the same cost-of-living raises given to many state employees.
State Rep. Pam Dickerson, D-Conyers, introduced the bill and said county officials should have told the county’s entire legislative delegation why the complex legislation was needed.
“It’s important you explain to us exactly what you want us to do,” she said.
Dickerson said the Georgia Senate tabled the bill at the request of Sen. Brian Strickland, R-McDonough, who believed it only sought a pay raise for the officers during a chaotic session delayed in March and restarted in June due to COVID-19 safety concerns.
Martin also said she had updated commissioners on the issue, as well.
Commissioner Demond Mason, who chaired the meeting in place of Banes, said he did not “recall ever receiving anything” about the legislation.
Commissioner Stan Edwards said he did not understand the urgency of the legislation when other legislation — such as one to dissolve the Newton County Recreation Commission — passed easily this year.
But Commissioner Nancy Schulz defended Martin and said it was the commissioners’ responsibility to communicate with legislators about local bills.
