Photo: Baxter County Judge Mickey Pendergrass
In a rare move, late Monday afternoon Baxter County Judge Mickey Pendergrass advised he will veto an amended ordinance passed one week ago by the quorum court regarding paid time off (PTO) for county employees.
Judge Pendergrass advised County and Circuit Clerk Canda Reese and the justices of his intentions in a 10-page document. He told KTLO, Classic Hits and The Boot news he issued the notice about 4 Monday afternoon.
His memo included an attachment with eight reasons why he is vetoing the measure.
In the memo, Pendergrass says the actions taken last Tuesday evening “were both confusing and out of order in my opinion, with many of you all really not knowing what just happened.”
veto-ord2022-6 by KTLO News on Scribd
Last Tuesday, the court took under consideration an ordinance added to the agenda at the 11th hour on Monday to repeal a recently enacted separate personnel policy for the Baxter County Sheriff’s Office and Detention Center employees.
Under the new policy unanimously approved last September, paid time off was expanded for certified law enforcement personnel.
At issue last week was a concern that all employees receive the same leave and vacation time.
The proposed ordinance to repeal the extended time for certified law enforcement personnel was met with an amendment that gained passage by a vote of 10-1, after clearing a number of procedural hurdles. JP Dennis Frank cast the lone abstention.
The amended ordinance extended the expanded leave time to cover all county employees.
But the measure’s passage came with a comment from Judge Pendergrass who said he would not sign the measure until he has conferred with legal counsel, noting he has seven days to take action.
The judge’s eight reasons for vetoing the measure cover a range of topics, from procedural steps, cost and liability to the county for the extended PTO, the short time frame for consideration by the court and challenges to the county’s payroll and IT departments for implementation of the measure.
He concludes by saying the document does not address the question that led to the challenge of two personnel policies — Is it legal for a department, or departments, to have a drastically different personnel policy then (sic) the county as a whole?
The court now consists of 10 members, following the resignation last week of Robert Lowery. It will take seven members to override the judge’s veto.
With the veto, the extended PTO for certified law enforcement officers remains in place under the separate personnel policy adopted last September. However, the expansion of the PTO for all county employees is now in limbo, subject to further action by the court.
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