WHEELING – The Ohio County Sheriff’s Deputy Civil Service Commission has denied the county’s motion to dismiss the deputies’ demand for a public hearing.
The county, through attorney Bill Wilmoth with Steptoe & Johnson, had filed a motion to dismiss the civil service action claiming the Civil Service Commission had no jurisdiction to conduct the hearing. But the Civil Service Commission disagreed, saying it will have a public hearing March 16 to take evidence and to hear witness testimony about reductions in pay for Ohio County Sheriff's deputies.
The hearing will be one day before Ohio Circuit Judge Ronald Wilson conducts a hearing in the three original circuit court cases to determine if an injunction should be ordered against the Ohio County Commission to stop the pay reductions and the deputies' claims of ongoing retaliation.
Toriseva
“The Ohio County sheriff deputies are pleased to be moving forward in a way that allows them to present the evidence of their pay cuts and mistreatment," attorney Teresa Toriseva, who is representing the deputies, told The West Virginia Record. "Every pay period that passes, deputies and their families are being harmed.”
In January, both sides shared opinions through press releases.
The employees, including sheriff’s deputies, filed three lawsuits last month 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.
“Here, the deputies and civilian employees who support them have tried extensively to resolve all issues first without lawyers, and even then without a lawsuit,” Toriseva told The Record then. “Those attempts have failed and the issues have remained unresolved for many months.
“Now, unfortunately, the deputies are forced to take further action for illegal retaliation, as alleged in the amended lawsuits, for the ongoing actions of the county commission. Just three days after the lawsuits were originally filed, a letter was sent to Sheriff (Thomas) Howard ordering substantial wage and benefits reductions for his deputies.
“This hostile situation creates a direct threat to public safety by creating conditions that harm recruitment and retention. The Ohio County Sheriff’s office is already understaffed and unable to meet its own minimum staffing standards on a regular basis.”
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.
“The recent actions of the Ohio County Commission constitute a threat to public safety in Ohio County,” the employees’ statement began. “When met with notice that the commission was incorrectly paying the deputies, rather than engage in a discussion to resolve the matters, the commission retaliated against them.
“The commission sent a letter to the sheriff directing even further reductions in pay and then releases press statements at odd times that distort the facts and the realities of the deputies’ jobs.”
The release notes that deputies can’t strike and can’t collectively bargain.
“The deputies’ only remedy for pay discrepancies is to file lawsuits,” it states. “The deputies tried to avoid a lawsuit by waiting for a response to grievances filed in May 2022 as provided for in the commission’s employee handbook. But the commission ignored the deputies’ grievances in violation of its own policies.
“When the lawsuit became necessary, the county commission retaliated against the deputies with even more pay reductions and threatened loss of pay and benefits.”
In its press statement, the county commission and Ohio County Administrator Randy Russell dispute claims made in the three lawsuits, saying the employees were treated fairly and didn’t lose a week of pay. They said the employees were made aware of the plant to switch to the “payment in arrears” model.
They also said the payment plan was discussed during meetings that the sheriff and his department did not attend.
In addition, the commission says deputies received a $3,000 increase to their base salary during the COVID pandemic and $1,000 base rate adjustment in 2020. Deputies also received a $1,000 “hero’s pay” bonus.
The commission also said deputies were not allowed to work flex schedules like other county employees because the bulk of their work is not in office buildings, so they could work their normal 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.”
The employees, in their response Monday, said the commission attacked the personal character of its deputies.
“What could the commission possibly hope to accomplish?” their response asked. “These actions show the public what has been happening behind the scenes. One of the Ohio County Commission’s jobs is to ensure public safety through the spending of public funds. Retention of experienced deputies and recruitment of new qualified ones is the only way to ensure a fully staffed Sheriff’s Department.
“The commission’s treatment of its deputies has the department morale at an all-time low. This combative situation will ensure the Ohio County Sheriff’s Department will remain below required staffing minimums.”
In April, several members of the Ohio County Sheriff’s Office filed grievances with the Ohio County Commission about the matter.
In the amended complaints, the plaintiffs say the commission held its regular meeting the day after the original complaints were filed. Two days later, it sent Sheriff Howard a letter changing the plaintiffs’ pay and benefits.
The sheriff’s deputies have filed a demand for a public hearing with the Ohio County Civil Service Commission about the retaliatory actions of the county commission.
The plaintiffs also have requested the missing wages, but the county has refused to pay. They also seek judgement, compensatory damages, interest, attorney fees, court costs and other relief.
Ohio Circuit Court case numbers 22-C-210 (weekly pay), 22-C-211 (COVID pay) and 22-C-212 (sick leave)