JPs: New county judge violated law with hiring practices

FAYETTEVILLE -- A county committee decided Friday newly elected County Judge Joseph Wood violated law when he failed to rehire then-County Attorney Steve Zega and replaced him with a less experienced political ally without following county hiring policy.

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NWA Democrat-Gazette

Washington County Judge Joseph Wood (center) speaks Tuesday, Jan. 3, 2017, with Washington County District 14 Justice of the Peace Ann Harbison during a swearing in ceremony in the Quorum Courtroom in the Washington County Courthouse in Fayetteville.

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NWA Democrat-Gazette file photo

Steve Zega, former Washington County attorney, is shown in this file photo.

"It is ludicrous to suggest that -- in determining somebody's employment or non-renewing (of employment) -- you go behind county policy, hire buddies and put them in these positions and say (the positions) were never open," Zega told justices of the peace.

New hires

Washington County Judge Joseph Wood didn’t rehire four employees last month. Two other county employees resigned their positions instead of working for Wood. All previous salaries for the positions at the end of 2016 are in parentheses.

• Julie Harris, executive assistant to the county judge, $40,000 ($49,284)

• Dwight Gonzales, building and maintenance supervisor, $53,000 ($64,173)

• Jim Kimbrough, planning director, $50,694 ($60,691)

• Brian Lester, county attorney, $70,000 ($76,300)

• Sharon Lloyd, grants administrator, $53,000 ($50,473)

• Carl Gales, chief of staff, $69,000 ($69,888)

• Josh Medina, veterans service officer *

Source: Washington County attorney

*Salary not immediately available Friday

Zega said Wood discriminated against Zega because of his age, his status as a combat veteran and his political affiliation as a Democrat. Wood's new county attorney is 36 years old, not a combat veteran and a Republican who helped keep Wood's name on the ballot during the general election.

After more than three hours of questions and debates and an executive session, justices of the peace agreed with Zega.

The Washington County Quorum Court Personnel Committee voted 4-1 against Wood during a grievance hearing brought by Zega. Justices of the peace voting against Wood were: Bill Ussery and Robert Dennis, both Republicans, and Daniel Balls and Joseph Kieklak, both Democrats.

Justice of the Peace Harvey Bowman, a Republican, voted in Wood's favor.

The ruling isn't binding. Wood isn't required to rehire Zega.

Wood said he had no comment about the ruling or whether Zega will get his job back. The Quorum Court already approved Brian Lester as county attorney during a meeting Thursday.

Zega said Friday's ruling didn't change anything. He said is "leaving his options open" about what to do next.

The decision Friday means some justices of the peace see problems with how Wood chose not to rehire four department heads last month, then didn't go through any hiring process to make sure he hired qualified applicants and followed equal opportunity requirements.

Wood offered Lester the county position before he interviewed Zega to keep the job, according to testimony.

Justices of the peace said Friday they couldn't say what was said in the executive session leading to the vote.

Justice of the Peace Butch Pond, a Republican who represents eastern Washington County, has mentioned the possibility of a lawsuit stemming from Zega's case. He said Friday the Ordinance Review Committee likely will take up the issue of whether some sections of the Employee Handbook conflict with state law.

The grievance hearing is part of ongoing controversy surround Wood after he didn't rehire four department heads, including Zega, in December. Two other employees retired before Wood took office Jan. 1.

Wood didn't advertise or take applications for any of the positions.

Jason Owens, an attorney representing the county judge, said the positions were never open and didn't require Wood to go through the process. The employees who willingly left the county did so within the same time-frame, Owens said.

"(Employees) either get rehired or they don't," Owens said. "Our position is that it is immediate, and therefore, there is no vacancy."

Even so, some justices of the peace continued to ask about the new employees' qualifications.

Wood has repeatedly refused to discuss the backgrounds of employees citing personnel matters.

He said there are no resumes or application forms, although he said Friday that Lester gave him a resume.

NW News on 01/21/2017

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