Ohio County Commission Disputes Claims in Sheriff’s Deputies’ Lawsuits
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WHEELING -- The Ohio County Commission is disputing claims against it made in three lawsuits filed by Ohio County Sheriff's Office staff members last year.
The first complaint filed by 29 members of the Ohio County Sheriff's Office alleges they were denied at least one week's pay by way of the county switching the payroll "to being paid ahead by two days to be being paid entirely in arrears."
A second complaint by 31 staff members alleges they should have been paid the same as other county employees during the COVID-19 pandemic who were able to work half their normal hours for full pay.
And a third complaint by 16 staff members alleges they were forced to use their own earned paid sick time to comply with the county COVID policy of quarantining or otherwise not coming to work "when the reason they could not come to work was caused by a work event."
In a statement released Friday, the commission and county Administrator Randy Russell wrote that the employees were fairly treated and that they did not lose a week's pay.
Employees were made aware of the plan to use the new "payment in arrears" model, according to the commission.
"This is one of the most common forms of payment models which provides ample time for proper payroll operations," the commission noted.
They went on to say the new model of payment was discussed during meetings, but "the sheriff and his department" did not attend those meetings.
The commission went on to note that deputies also received a $3,000 increase to their base salary during the COVID pandemic along with $1,000 base rate adjustment in 2020. Deputies also received a $1,000 "hero's pay" bonus.
While disputing the complaints, the commission also claims the sheriff's department, at times, has left the Ohio County Development Authority's Highlands retail development and Highlands Sports Complex "with a lack of proper security and potentially creating a public safety risk."
"The biggest concern the Ohio County Commission has with the Ohio County Sheriff's Department relative to The Highlands is a lack of response and meeting the coverage needs requested over several months by the Ohio County Development Authority representatives to cover the needs that they were contracted to support for 'extra duty pay,' but simply not being fulfilled," the commission wrote.
Ohio County Sheriff Tom Howard could not be reached for comment Friday night.
Meanwhile, the commission also noted that while some county employees were allowed to work flex schedules to help keep the county offices open while social distancing, sheriff's deputies did not because they were outside of the building and could work their full shifts.
"It is important to note that these employees, like everyone else, depend on their pay to support their families. Punishing them for a problem not created by them is just plain wrong," the commission wrote. "Trying to twist this action into a policy of 'COVID pay' is ridiculous and quite honestly selfish and misdirected. ... The deputies choose to be first responders and first responders meet the call of duty under various circumstances including a pandemic.
"All employees within the sheriff's department were paid for all their hours worked in addition to the other added compensation in this statement," the commission added. "The Ohio County Commission used its best judgment regarding all COVID related matters when it came to responding to both the needs of our citizens and all county related employees, including the members of the Ohio County Sheriff's Department."
Teresa Toriseva, the attorney who filed the suits on behalf of the sheriff's office staff members, could not be reached for comment Friday night.