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Ohio County Commission Vows To Defend Itself in Pay Dispute | News, Sports, Jobs


photo by: Photo by Joselyn King

Ohio County Sheriff Tom Howard speaks during a town hall discussion of Amendments 2 and 4 on the Nov. 8 ballot in October at the Trinity Lutheran Church in South Wheeling.

WHEELING — Ohio County commissioners are “disappointed” in complaints filed by county deputies seeking back pay, and they find it “particularly troubling” that Sheriff Tom Howard was “completely blindsided” by their legal action, according to a statement released Tuesday.

Ohio County Administrator Randy Russell added the commission wasn’t aware of any back pay issues in the sheriff’s department until reports of the filed complaints appeared online and in media.

“The Ohio County Commission has expressed its disappointment regarding lawsuits filed by Ohio County sheriff’s deputies against the commission in reference to COVID and changes made to the payroll system, specifically due to the many inaccuracies that have been conveyed to the public through the news media,” the statement read.

“It is particularly troubling to learn that the Sheriff of Ohio County has stated that he was ‘completely blindsided’ by these lawsuits filed by his deputies. The Ohio County Commission is looking forward to the opportunity to and will defend itself vigorously in a court of law.”

Russell said he had no further comments to add to the statement. Commission President Randy Wharton also declined to add to the statement when contacted, noting county officials are advised not to speak on pending litigation.

Howard could not be reached for comment on Tuesday.

In their complaints, the staff members allege they have been denied at least one week’s pay by way of the county switching the payroll “to being paid ahead by two days to be being paid entirely in arrears.”

The change has caused other issues relating to the pay and benefits of the staff members. The county attempted to rectify the discrepancies by paying them each different amounts extra in their paychecks until the change could be completed, but this caused discrepancies and resulted in plaintiffs being paid inaccurately or incorrectly, according to the complaint.

A second complaint alleges staff in the sheriff’s department should have been paid the same as other county employees during the COVID-19 pandemic, and also been able to work half the hours for full pay.

Beginning March 22, 2020 at the start of the pandemic, other full-time Ohio County employees were permitted to work 20 regular hours each while receiving their full 40-hour pay.

As such, county employees were working for double the pay, according to the complaint. Deputies still were required to work their full 40-hour weekly shifts, the complaint states.

A third complaint alleges staff was forced to use their own earned paid sick time to comply with the county COVID policy of quarantining or otherwise not coming to work “when the reason they could not come to work was caused by a work event.”

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