WHEELING – The Ohio County Commission has approved an agreement settling backpay litigation with county deputies and civilian Sheriff’s Department employees.
During its May 16 meeting, the commission unanimously voted to approve the settlement agreed to earlier this month. That resolve three civil lawsuits filed in December. Attorneys for both sides issued a statement May 8 announcing the settlement. A mediator helped finalize the deal. The deputies approved the agreement last week.
“The Ohio County Sheriff’s deputies are the backbone of public safety in Ohio County,” said Teresa Toriseva, attorney for the deputies. “The foundational support the civilian members provide allows the deputies on patrol to do their jobs effectively.
Toriseva
“The back pay award fixes some discrepancies in compensation that have occurred in the past and the raises for all members of the Sheriff’s office ensure the department can keep the deputies it has and recruit new one in the future.”
The resolution includes a 23 percent pay raise for all law enforcement members of the Sheriff’s office and a 16 percent raise for civilian members. Both raises are retroactive to January 1. It also provides for better processes accounting for time, will assure more law enforcement coverage at The Highlands, particularly the Sports Complex, and clarifies and clears up ongoing issues with overtime and other time off matters.
“The County Commission values the Ohio County Deputies, their law enforcement responsibilities, and the job they do every day,” said Bill Wilmoth, attorney for the commission. “Additionally, the civilian employees provide crucial support to the deputies that make their law enforcement work possible.
“This resolution recognizes each groups’ important work and ensures public safety for the citizens of Ohio County.”
The settlement term sheet also includes says the Commission will pay the plaintiffs $60,507 in holiday pay, paid as payroll; $3,400 in compensatory time pay, paid as payroll; and $36,093 in lost wages to employed certified police officers for lost wages from the Highlands extra duty work pay from January 1 to May 1, paid as payroll. It also will pay $185,000 to the plaintiffs as general damages as 1099 wages. Also, all retired and separated plaintiffs shall receive $5,000 as a one-time payment as a 1099. The deputies’ attorney fees and court costs of $125,000 will be paid as well.
In addition, the deputies will receive overtime pay at a rate of time and a half after 40 hours of actual work each week, and compensatory time in lieu of wages will be discontinued. Deputies can carry any remaining vacation time hours until May 31, 2024. Also, all COVID-related sick time for 2020 will be reinstated and/or returned to the deputies, and the hourly rate for Highlands extra duty will be $50 per hour.
The sheriff’s department employees, including deputies, filed three lawsuits in December in Ohio Circuit Court. Nine days later, they filed amended complaints alleging retaliation against them by the commission for filing the lawsuits by reducing the plaintiffs’ pay and benefits.
In one complaint, 29 sheriff’s deputies say they have been denied at least one week’s pay by the county switching the payroll to being paid ahead by two days to being paid entirely in arrears. In the second, 31 employees claim they should have been paid the same as other county employees during the COVID-19 pandemic who received full pay but worked half of the hours. In the third, 16 plaintiffs allege they were forced to use their own earned paid sick time to comply with the county COVID policy of quarantining or otherwise not coming into work when the reason they couldn’t come into work was caused by a work event.
Last April, several members of the Ohio County Sheriff’s Office had filed grievances with the Ohio County Commission about the matter.
Toriseva and Josh Miller of Toriseva Law represented the deputies, and Wilmoth of Steptoe & Johnson represented the county.
Ohio Circuit Court case numbers 22-C-210 (weekly pay), 22-C-211 (COVID pay) and 22-C-212 (sick leave)
