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NEWS
 
Copyright 2008. Use by permission only.
 
Mayor Asks Court to Dismiss Sheriff’s Lawsuit
 
By Linda Bolton
linda@mckenziebanner.com
 

Carroll County Mayor Kenny McBride

Carroll Co. Sheriff Bendell Bartholomew

HUNTINGDON (July 18) – A motion was filed Wednesday, July 16 asking Judge Allen W. Wallace to dismiss Carroll County Sheriff Bendell Bartholomew’s lawsuit against county Mayor Kenny McBride, fiscal agent for the county of Carroll. Retired Senior Judge Wallace of Waverly was assigned the case after circuit judges Creed McGinley and Donald Parish both recused themselves.

Robert T. Keeton, Jr., attorney for McBride, filed the motion to dismiss the lawsuit originally filed August 31, 2007 by Attorney Matt Maddox on behalf of the sheriff.

Keeton’s motion claims plaintiff Bartholomew failed to prosecute the case in a timely manner and did not seek a trial date or move the cause in any manner to determine the merits of his allegations. Additionally, the motion indicates Bartholomew’s request for pay raises for his department’s personnel in the 2007-2008 fiscal year is now moot after the fiscal year ended June 30, 2008.

The lone hearing in the case concerned a motion by Bartholomew to exclude Robert Keeton, II from representing McBride. That motion indicated Keeton represented Bartholomew in some earlier cases, both professionally and individually. After a hearing in open court and a recess meeting of attorneys and the judge in the judge’s chambers, Maddox withdrew Bartholomew’s motion to exclude Keeton.

Bartholomew lawsuit requested a $1.3 million increase in the 2007-2008 fiscal year budget, pay increases ranging from 28.2 percent for the chief deputy to 6.1 percent for jailers, 14 new patrol cars, nine of which to replace the three-year-old fleet of Crown Victorias, a four-wheel drive Expedition for himself, and nine additional deputies. Bartholomew indicated his personnel are paid less than comparable sheriff’s departments and that his personnel are seeking jobs elsewhere because of the pay differential.

In July 2007, McBride said Bartholomew’s request would necessitate a 47 percent tax rate increase. According to McBride, each of the deputies, investigators, and chief jailer drive a county-owned car to and from work and the county pays 75 percent of the employees’ and their dependents’ major medical insurance premiums.

During the 2007-2008 fiscal year, the county leased nine new Crown Victorias for road deputies as budgeted and provided a three-percent pay raise for all county personnel, including deputies, jailers, and dispatchers.

 
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July 22, 2008
 

 

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