Ohio County Deputy Pay Dispute Sent to Mediation
Photo by Joselyn King Trending
WHEELING - A court case involving a pay dispute between Ohio County sheriff's deputies and the Ohio County Commission is going to mediation.
Last December, the deputies filed three separate cases against the commission in Ohio County Circuit Court. The first alleges they were denied at least one week's pay after the county made changes to its payroll process. The other cases involve pay procedures and the use of sick days during the COVID pandemic.
A hearing for the deputies seeking an injunction to stop the payroll procedures was set to take place at noon on Friday.
But Judge Ronald E. Wilson began the proceeding by telling legal counsel there was no need to sequester witnesses as "there will be no testimony today."
He noted that among those present were "many familiar faces" in the courtroom, and that he liked "at least four of you that I know well."
Wilson also acknowledged the deputies in the courtroom, most of whom came in uniform.
"That, I assure you, is not going to make any difference to me," Wilson continued.
He then proceeded to explain his "gut feelings" about the case.
"This case is not good - for the city, or for the county," Wilson said. "It's a bad situation to have the folks here disagreeing, and disagreeing in the press. This case needs to be resolved quickly.'
He added that it appears there are several issues in the case that "a judge has to decide - not a jury."
"There are legal questions you need answers to...," Wilson continued. "We have a need to resolve this case as quickly as we can, and that means you are going to have to go into mediation and try to solve it.
"It also means that if we can't resolve it in mediation, we are going to address those issues a judge should decide. It is most unfortunate to have a case like this."
Wilson added he didn't "believe for one second that the commissioners intended to cheat anybody" with their actions to change how deputies are paid.
"If they violated the law, then they did it without knowing they violated the law," he said. "If they violated the law and the statute requires some relief, the plaintiffs are going to get that relief.
"To me, it's a very simple case."
Wilson next directed counsel to engage in mediation, and suggested two attorneys they should contact - Steve Dalesio of Moon Township, Pennsylvania, or Joe Selep of PIttsburgh.
Following Friday's court hearing a mediation date was set with Dalesio for 11 a.m. on March 30. It will take place instead of a previously scheduled hearing before the Ohio County Sheriff's Deputy Civil Service Commission, which will only be rescheduled if mediation is unsuccessful, explained Teresa Toriseva, attorney representing the deputies.
"(The mediation) is not open to the public...but any deal reached would become public and would need approved and voted on by the (county) commission and separately by the entire group of Ohio County deputy sheriffs," she said.
The Ohio County Commission is being represented by attorney William Wilmoth.
Wilson said as soon as he receives the mediation report, he will give counsel "deadlines for responding to those issues you feel I should be deciding."
Toriseva told Wilson that since the case involves a pay issue, there is urgency in seeing it is resolved.
Also, she added she would be making additional filings in the case based upon new evidence that was presented during a separate civil service hearing on the same issues that took place on Thursday.
The evidence was a contract between the Ohio County Development Authority with the Ohio County Sheriff's Department to provide extra security when needed at The Highlands. That contract expired in 2020, and was never renewed, county officials confirmed.
"We do not believe that mediation will be successful, because for some reason the parties involved have not been able to come together at the table and discuss issues," she said. "That's why we're here."
Initial pay grievances with the county were first filed by deputies without a lawyer on May 5, 2022. Lawyers later became involved during the summer in unsuccessful attempts to resolve the issues, according to Toriseva.
"Knowing you, and knowing Bill Wilmoth, I cannot understand why it cannot be resolved in mediation," Wilson told her.