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The county’s 2022 fiscal year started on July 1. The sheriff requested 133 pay raises on July 6 and the chairman of the Camden County Board of Commissioners rejected that request on July 13, stating that it exceeded the sheriff’s budget allocation.
Camden County Sheriff Jim Proctor has retained a private attorney, potentially at taxpayer expense, to fight the board of commissioners over pay raises he believes he is entitled to award.
The county’s 2022 fiscal year started on July 1. The sheriff requested 133 pay raises on July 6 and the chairman of the Camden County Board of Commissioners rejected that request on July 13, stating that it exceeded the sheriff’s budget allocation.
“While we support your efforts, we cannot ethically approve these increases as it would place undue hardship on the citizens of Camden County, and would ultimately require a significant reduction of general fund services, or an increase in property taxes,” Board chairman Gary Blount wrote in a letter to the sheriff. “If you would like to discuss this matter further, please contact me at my office.”
The sheriff responded in August with ante litem notice and demand letter from his personal counsel seeking immediate implementation of the raises with back pay to July.
“It is our intent to pursue this matter until it is resolved,” said Lance H. LoRusso of the Atlanta-based firm LoRusso Law Firm.
By law, anyone who sues a county government in Georgia is required to provide a statement of their claim in writing, also known as an ante litem notice, at least 30 days prior to any legal action. To date, no lawsuits have been filed and the matter remains unresolved.
County response
The board of commissioners sets the county’s annual budget and levies property taxes for Camden County. Each department head, including constitutional officers, make an annual budget request and then that request is negotiated with the board. This year, chairman Blount and commissioner Trevor Readdick met with each department head as part of that process.
Blount’s letter informed Proctor that the payroll change forms were not processed because they would result in the sheriff’s department exceeding its budgeted amount.
“The requested salary increases (including FICA and retirement benefits) for the patrol division, corrections, E-911 and administration [total] $1,472,817. This is a 22.2% above your current annual payroll,” said board chair Gary Blount in the letter to Proctor.
While the submitted pay raises averaged 22%, approximately 30 full-time sheriff’s office employees would be receiving pay increases ranging from 30% to 60% over their previous rate of pay.
The sheriff’s office participated in the county’s budget work sessions last spring and, according to Blount, was allocated a 6% increase of $515,283 over last year’s budget.
“The proposed pay increases would result in a projected deficit in your FY2022 budget of $957,534 net of the $515,283 approved budget increase,” Blount added.
Blount’s letter further stated the board of commissioners has increased the sheriff’s budget allocation over the last decade by 45% or $2.9 million.
Legal demands
LoRusso cites several code sections in making a case that Proctor was entitled to the funds and that the commissioners are required “to adopt a budget making reasonable and adequate provisions for the personnel and equipment necessary to enable the sheriff to perform his duties of enforcing the law and preserving the peace.”
The letter further states, “The commission has violated Georgia law by interfering with the sheriff’s budget, and may potentially be violating Georgia law by not sufficiently funding the sheriff’s office.”
He does not respond to Blount’s claim that the budget amount exceeded what was approved, but rather asserts county is trying to control how the sheriff spends his allocated budget.
“The commission has adopted a budget, Sheriff Proctor has exercised his discretion regarding the spending of allocated funds and the commission has refused to honor the sheriff’s spending decision,” wrote LoRusso. “… Clearly the commission is ‘improperly dictating’ to Sheriff Proctor how to operate his office. In addition to not interfering with the sheriff’s authority to spend his allocated funds as he deems necessary, the commission is required to sufficiently fund the sheriff’s office ….”
In the letter, LoRusso makes the following demands:
• that the pay status changes submitted on July 6, 2021, be implemented immediately, with an effective date of July 12, 2021.
• that back pay resulting from the pay status changes be included on the next paycheck for all affected employees.
• that the county attorney represent him in these matters, and if the county attorney refuses or is determined to have a conflict of interest, that the commissioners pay for private counsel to represent the sheriff.
The letter also demanded any documents pertaining to the handling of this matter, including documents, forms, texts, emails, letters and other internal or external correspondence. Additionally, the attorney seeks any and all budget or expenditure procedures for the county and any and all training materials in the possession of the chairman regarding Georgia law on the topic of sheriff’s office budgets.
Legal representation
At the Camden County Board of Commissioners’ Oct. 5 regular meeting, commissioners met briefly behind closed doors at the end of the meeting agenda, as allowed under the Georgia Open Meetings Act, to discuss potential litigation. Upon reconvening, the commissioners unanimously voted that county attorney John Myers would not be representing Proctor.
As part of an open records request filed by the newspaper, the county also provided an Oct. 15 reimbursement request from the sheriff for a $5,000 invoice from LoRusso. According to paperwork provided by the sheriff, the amount was billed to Col. Chuck Byerly’s personal credit card on July 28.
Nancy Clark-Gonzalez said last week that the invoice had not yet been paid and are still being reviewed.