BENTONVILLE -- The Benton County Quorum Court on Friday night agreed to pay Sheriff Kelley Cradduck nearly $80,000 to resign.
The figure is roughly equal to the salary and benefits he would have received had he remained in office through the end of the year.
Benton County’s justices of the peace voted unanimously Friday to accept Sheriff Kelley Cradduck’s resignation and declare a vacancy in the office.
Brent Meyers, justice of the peace for District 14, made the motion to accept Cradduck's resignation and declare a vacancy in the office, saying it had been discussed in detail Tuesday and although the prospect of paying Cradduck met with some disapproval and even disgust, "for the betterment of the county and the Sheriff's Office" the resolution should be adopted.
There was no other discussion before it was approved.
Tom Allen, justice of the peace for District 4, said the result of Friday's special meeting was no surprise.
"It went as I expected,"
Allen said "I was pleased that it was unanimous."
Mike Clifford of Bentonville spoke about the situation and the Quorum Court's decision to pay Cradduck as a condition of his agreeing to resign from office. Clifford said he would like to have the county adopt a policy governing any future instance where an elected official is charged with a crime and found guilty. Clifford suggested mandating any elected official convicted of a crime must repay any salary and expenses received going back to the date the charges were filed.
Cradduck made the offer to resign in a letter from his attorney, Drew Miller. The letter gives an estimate of $79,611 due as of Monday. The amount would decrease by about $300 a day for the time it takes the county to appoint a replacement and have that person sworn in.
Cradduck's term expires at the end of the year. He was defeated in the Republican primary election in March. Shawn Holloway, who until recently was a major at the Sheriff's Office, won the Republican Party's nomination and will face Glenn Latham, an independent candidate, for the sheriff's position in the November election.
Cradduck faces a three-day jury trial in September on a felony charge he tampered with a public record and a misdemeanor tampering charge. He has pleaded not guilty to the charges.
The justices of the peace can consider any qualified elector, according to George Spence, county attorney. Spence said a qualified elector is any resident who is a registered voter. Spence said state law bars the appointment of sitting justices of the peace and Holloway and Latham, the two men who are running for sheriff in the November general election. Spence said a person appointed to a county office can't succeed themselves in that position, according to state law.
The County Clerk's Office has received several letters and resumes from potential candidates, according to Tena O'Brien, county clerk. Former sheriff Andy Lee sent a letter and resume to the office by email Friday. The county has also received letters or resumes from former sheriff Keith Ferguson and former county judge Bruce Rutherford, along with letters from Johnie Wood of Bentonville and Meyer Gilbert of Siloam Springs. Timothy Filbeck, who ran unsuccessfully for sheriff in the Republican party primary, also submitted a resume Friday.
Lee, who served as sheriff from 1989 to 2002, said the task of the interim sheriff will not be simple or easy and he is willing to devote the time needed to do the job.
"If you just want to fill the vacancy, then about anyone will do," Lee said. "But, if you want a hands-on Sheriff with the knowledge and experience of supervising a full-service Sheriff's Office, the you must appoint someone willing to dedicate their time and has the hand-on experience to keep the train on the tracks."
Filbeck, who is a part-time patrolman with the Tontitown Police Department, had a different view of the job of interim sheriff.
"As interim sheriff, I do not believe it is the responsibility of the appointed sheriff to bring in great change or especially create turmoil," Filbeck said in his letter. "I believe the job of interim sheriff is to bring a certain calmness to the subordinates of the Sheriff's Office and set an example of good work ethics and lead them into a smooth transition with the upcoming elected sheriff."
The justices of the peace have given anyone interested in serving as interim sheriff until noon April 22 to send letters or resumes to the Benton County Clerk's Office. A special meeting of the county's Committee of the Whole is set for 6 p.m. April 25 to interview candidates. The justices of the peace plan to name a replacement for Cradduck at the April 28 Quorum Court meeting.
Tom Sissom can be reached by email at [email protected] or on Twitter at NWATom.
NW News on 04/16/2016