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Essex County Sheriff, Judges Reach Agreement To Drop Case

BY JACOB L. GRANT, Staff Writer
Saturday March 10, 2007

People Fight School Board For Answers On Principal

Essex County's new sheriff and its two assistant judges reached an agreement this week after debating for a couple months over whose responsibility it was to hire and terminate Sheriff's Department personnel.

The issue went to court Feb. 8, where attorneys David Sleigh and Eric Benson argued over statutory interpretation.

Sleigh, who was representing Sheriff Steve Gadapee, said the statutes indicate it's the sheriff's job to hire his personnel, while Benson, attorney for judges Allen Hodgdon and Calvin Colby, said it was the side judges' responsibility.

The ambiguity of the law that leads to these different interpretations will have to be resolved by the Legislature. For now, the hiring of sheriff's department staff has been left in the hands of Sheriff Gadapee.

"This agreement is a big step forward," Gadapee said Friday. "I think [the side judges and I] are determined to make things run properly on both sides."

Earlier in the year, the judges hired two people -- a secretary and a bookkeeper -- to work within the sheriff's department. The judges claimed they were trying to make the switch from long-time Sheriff Amos Colby to Gadapee as smooth as possible; Gadapee said the judges' interference was hindering his ability to efficiently run and manage his office.

In their administrative capacity, assistant judges, also called side judges, are the chief financial officers of the state's county system of government. Among other duties, they prepare a budget for the county sheriff's department and so it's important for there to be a good relationship between the two offices.

The dismissal to the case was signed by all parties involved this week. Everyone said they were relieved to have it behind them.

Hodgdon instigated the dismissal. He said it came to his realization the citizens of Essex were not as concerned with who hires and fires the sheriff's department staff as they were with how much the litigation was costing them.

"Being mindful of the public's interest, I decided the best thing to do was place this matter in the hands of the Legislature," Hodgdon said Friday. "[The statutes] really can be interpreted in two different ways."

The dismissal, by Judge Mary Teachout in Washington Superior Court, states that until the Legislature provides clarification of the law, Gadapee will consult with the assistant judges regarding the hiring of a secretary/bookkeeper and will involve them in the interview process.

"However," the dismissal continues, "the Sheriff shall have the sole authority to hire, supervise and terminate such employee(s)."

Hodgdon said the dismissal is almost verbatim to what he originally proposed.

It's been a rough few weeks for Gadapee, who took office at the beginning of February, but he said he's grateful for the generous help and guidance of neighboring sheriff's departments that have helped him transition these last few weeks.

"I'm getting more relaxed in my position here and it's starting to feel more like my home," he said.

The dismissal also says that each party shall refrain from speaking negatively about the other and earnestly "work together in a constructive manner." If future disagreements arise that cannot be resolved by either party, the dismissal continues, then the sheriff's department and the assistant judges shall seek mediation.