New & Noteworthy...

Statutory Interpretation Is Still In Dispute
Judge Issues Restraining Order In Essex County Case

BY JACOB L. GRANT, Staff Writer, Friday February 9, 2007

MONTPELIER VERMONT
A Superior Court judge has issued a temporary restraining order Thursday on two Essex County assistant judges over a matter involving the county's new sheriff, but decided there was still a disagreement over statute interpretation.

On Thursday, Sheriff Steve Gadapee, who took office last week, asked the Washington Superior Court to put a temporary restraining order on Allen Hodgdon and Calvin Colby who, Gadapee claimed, had overstepped their bounds as assistant judges. Not only had the judges cut Gadapee's budget by several thousand dollars, they also appointed two staff members to work in the sheriff's department -- a task Gadapee insisted is his responsibility.

David Sleigh, attorney for Gadapee, said the assistant judges' decision to appoint staff members was an effort to maintain control of the sheriff's department, but attorney Eric Benson said the judges had clear statutory authority to appoint whomever they believed was necessary. Furthermore, Benson argued, the judges have tried, with no success, to engage Gadapee in employee and budgetary discussions, but he has refused.

"It's really about an exercise of political power," he said.

In a separate interview, Benson said, on a day-to-day basis, it is the assistant judges' responsibility to ensure the sheriff's department runs in a safe and accountable manner. He said the fact that assistant judges - commonly called side judges - hold the purse strings to the department makes many sheriffs uncomfortable.

Sleigh argued that it was critical for the function of the sheriff's department that Gadapee be allowed to select his own employees.

"It only makes sense from our point of view," he said.

The 2 1/2-hour discussion boiled down to a matter of statutory interpretation.

Sleigh said the statutes are clear, that in Title 24, Chapter 5, Section 290, it states a county shall consist of an elected sheriff "... and such deputy sheriffs and supporting staff as may be appointed by the sheriff." The assistant judges are only responsible for providing funding for the sheriff's department, he said.

Benson, however, argued that Chapter 3, Section 73 of Title 24, says it is the county's responsibility to "... provide reasonable secretarial assistance and bookkeeping services." The very next sentence talks about the county providing "funds." Benson said if the previous sentence about staffing was only about funds, it would say so.

During the hearing, Gadapee, Hodgdon, and Valerie Foy, who is the Essex County court officer and appointed bookkeeper, testified.

Former Essex County Sheriff Amos Colby, who retired this month, was also slated to testify, but he arrived two hours late. He said he thought the hearing was in Guildhall and had gone to the wrong courthouse.

Judge Mary Miles Teachout did not believe that Gadapee had proved there was irreparable harm done to the sheriff's department by the appointing of the two staff members. She allowed Foy to stay on, saying she was more than qualified to be bookkeeper.

However, the attorneys were informed on Thursday morning that Laurna Noyes, the appointed secretary and part-time sheriff's deputy, had resigned. She was the wife of Jeff Noyes, a former Essex County sheriff's deputy and candidate for sheriff who lost to Gadapee in November.

Judge Teachout said, at this point, there would indeed be irreparable harm, if the judges appointed someone to fill Noyes' position and so she issued a temporary restraining order on the judges' authority in that respect.

At one point, Sleigh tried to demonstrate the ineptitude of the assistant judges by bringing up an issue involving Noyes and her husband. When questioned, Hodgdon admitted to knowing about an alleged domestic dispute between Noyes and her husband in which she reportedly drew her gun on him while on duty and in uniform. Hodgdon did not believe such a thing would hinder Noyes from performing her secretarial duties.

Benson objected to the questioning, also saying it was irrelevant, but Sleigh said it shows why the side judges should be restrained when it comes to appointing staff members.

Everything hinged on the interpretation of the statutes. The judge said another hearing will be held to determine whose responsibility it is to hire sheriff's department staff. The parties have until March 7 to get mediation and another 30 days to submit further arguments regarding the statutes.

Sleigh and Benson agreed on a "consensus appointment," meaning the side judges and Gadapee can fill the vacant secretarial position, but only if all three of them concur on a candidate. Gadapee said he has applicants in mind, but needs salary and benefit information from the judges so he can conduct job interviews.