Washington County employees dismissed from hiring lawsuit

 George Butler
George Butler

FAYETTEVILLE -- Washington County Judge Joseph Wood and six employees named in a lawsuit over county hiring practices are being dismissed in their individual capacities.

Those employees include Brian Lester, county attorney; Sharon Lloyd, grant administrator; Josh Medina, veterans service officer; Dwight Gonzales, building and grounds director; Jim Kimbrough, former planning director; and Julie Harris, executive assistant to Wood. Kimbrough resigned from his position in March.

Jim Lingle filed the class-action suit April 26, 2017, on behalf of George Butler, a former county attorney and chief of staff for former Washington County Judge Marilyn Edwards.

Jason Owens, who represents the county, said in an email the latest ruling came at a hearing Friday morning. Circuit Judge Gary Arnold, a special judge from Saline County appointed to hear the case after local judges recused, is expected to enter an order based on the ruling in the next week or so.

Individual capacity is a term referring to one's status. For example, an officer, employee or agent of a corporation or government, acting "in their individual capacity" is acting as himself, rather than as an agent of the corporation or government.

Wood was elected county judge in 2016. He fired four employees when he came into office in early 2017. Those employees were Juliet Richey, planning director; Renee Biby, grants administrator and utilities coordinator; Wayne Haines, veterans service officer; and County Attorney Steve Zega.

Wood then hired six employees. The suit names Wood and the six employees in their professional positions and individually.

Wood filled positions without advertising or taking applications, which is against county policy, the lawsuit claims.

Arnold ruled in May the employees hired by Wood can keep their salaries, but didn't rule on the issue of whether a county judge must follow a county hiring policy.

The two rulings basically mean only the plaintiff's claims for non-monetary damages against the county remain to be decided.

John Everett, attorney for Wood and the employees, argued Arnold's ruling left his clients with no stake in the matter in their individual capacities.

NW News on 07/07/2018

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