A "Job Requisition/Pre-offer form" that Jefferson County officials are required to use before offering a position to someone is "unconstitutional," a lawyer for the sheriff who has sued the county judge and Quorum Court said in a letter to the defendant's attorney.
Jefferson County has been under a hiring freeze since the start of the coronavirus pandemic in 2020. But Kimberly Dale of Paragould, who is representing the county's sheriff, Lafayette Woods Jr., said funds that are appropriated for certain jobs should not be affected by a hiring freeze under Arkansas law. Woods in March filed a lawsuit against County Judge Gerald Robinson and all 13 justices of the peace, petitioning for proper funding for staffing and operations under Woods' office.
Woods is seeking a ruling on whether the $33.1 million county budget is constitutional. At issue is a reduction of $328,003.91 from 2021, a figure Woods contends was not discussed with Robinson in proposals before the budget was approved in December. The funding reflects allocation for operations and maintenance of the juvenile detention center, according to court documents.
A county ordinance signed in March 2021 requires "all elected officials to complete an offer approval form and job requisition/pre-offer form before hiring potential employees; this will allow the county clerk the opportunity to verify job title and slot placement of said employee prior to employment."
"My review of what they're trying to do is add another check-and-balance of what the constitution does not allow," Dale said of the approval form. "If there is an appropriation in place, another streamline to that is unconstitutional. You don't have a right to deny that."
In a letter to Batesville attorney Casey Castleberry, who is representing the defendants, Dale adds she is considering whether to file another suit against Robinson and the Quorum Court or amend her ongoing suit. She points out she wanted to reach out to Castleberry before filing a mandamus.
In the letter, Dale writes: "Specifically, section 3 of Amendment 55 [of the Arkansas Code] charges the county judge with the power to 'authorize and approve disbursement of appropriated county funds. ...' The County Judge is to only act in an administrative capacity when authorizing the disbursement of county funds and his discretion is limited. The appropriations for the subject positions have previously been made. Other elected officials are charged with the day-to-day administrative responsibilities of running their offices. I believe the ordinance is an impermissible legislative encroachment on requirements placed with funds that have already been appropriated."
Dale writes earlier in the letter that the sheriff's office submitted a request to fill a housekeeping position that was previously appropriated and has two other job applicant forms that have not been processed.
An email to Castleberry seeking comment was not returned.
On Wednesday, Dale said all circuit judges in Jefferson County have recused themselves from the case and she is reaching out to the Administrative Offices of the Courts for someone to preside over Woods' lawsuit.