Split decision on lawsuit against Washington County judge

FAYETTEVILLE -- Six Washington County employees hired by County Judge Joseph Wood can keep their salaries, but the issue of whether a county judge must follow a county hiring policy will go to trial, a judge has decided.

"As for the taxpayers, I think they can rest assured that the money appropriated by the Quorum Court was used appropriately and not illegally," County Attorney Brian Lester said in email Tuesday. Lester acts as the county spokesman.

Circuit Judge Gary Arnold, a special judge from Saline County, dismissed part of a lawsuit against Wood and six employees, according to an order filed Friday in Washington County Circuit Court.

Arnold was appointed to the case after Washington County Circuit Court judges Doug Martin recused and Stacey Zimmerman requested a new judge, court records show.

Jim Lingle filed the class-action suit April 26, 2017, on behalf of George Butler, a former county attorney and former chief of staff for Washington County Judge Marilyn Edwards, a Democrat, who didn't run for re-election.

Wood, a Republican, 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.

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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.

Overall, Lingle said he's pleased with the judge's decision. Butler just wants Wood and his administration to follow the law, Lingle said.

Lester said the judge didn't find in favor of any of Butler's issues.

"It appears that the court wants more information before ruling on the remaining issues brought by Butler," he said.

The lawsuit asked the judge to force employees to repay the county their salaries, which are funded by taxpayer money. Arnold dismissed that part of the case.

The combined annual salaries for the six was $377,458 last year, according to county documents.

Jason Owens, who represents the county, didn't return a message left on his cellphone Tuesday.

John Everett represents Lester; 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.

Everett didn't return a message left at his office Tuesday.

Lingle said county employees are likely not to be involved with the lawsuit any further. Lingle hasn't asked the judge to declare the positions vacant, a move that may happen after the trial, he said. If that happens, the positions may be open and candidates would be vetted through county procedure, he said.

"The heart of our case is still there," Lingle said.

No trial date has been set.

NW News on 05/02/2018

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