Seeking to avoid the expense of a legal showdown with District Attorney Billy Byrd, Upshur County Commissioners Court on Friday vacated its Aug. 14 split vote to set a new assistant district attorney's salary beneath her predecessor’s.
But Byrd told The Mirror afterwards that a visiting state district judge will decide Monday whether to proceed with a 10 a.m. hearing scheduled on one of the two legal actions Byrd filed Monday in an attempt to overturn the county's Aug. 14 vote.
Byrd filed a petition for a writ of mandamus, which is still pending, and a motion for emergency relief, which visiting Judge Richard Davis granted Monday. Byrd contended the commissioners court violated law by setting new First Assistant District Attorney Stacey Brownlee's salary below her predecessor’s, Robert Cole, Jr., for the rest of the current fiscal year, ending Sept. 30.
The court voted 3-1 to cut the position's pay, with Pct. 1 Comm. James Crittenden dissenting and County Judge Dean Fowler abstaining, as he usually does except to break tie votes. Commissioners Lloyd Crabtree, Joe (Buddy) Ferguson and Glenn Campbell voted for the reduction.
The vote came after Fowler said the court had added $20,000 for Cole's annual salary in the current budget to replace a lost grant, and to try to get Cole to stay on the staff. Cole resigned effective this week to enter private law practice, and Ms. Brownlee began work Wednesday.
Commissioner Crabtree said during Friday's meeting, “I was wrong in my statement that we set money aside to keep Bob Cole here.” Crabtree said the court couldn’t set such stipulations.
Fowler told commissioners at a special meeting Friday the county would probably spend $4,000 to $5,000 to fight Byrd in 115th District Court, when the district attorney wanted only $2,500 of the salary restored.
“Rather than go through the cost of litigation...to prove a point...I thought it might make more sense to pay what the district attorney has requested,” Fowler told commissioners.
The judge, who said the commissioners probably had a legal right to reduce the salary in the middle of a fiscal year, said there would be no reason to hold Monday’s hearing if the commissioners reversed the Aug. 14 vote, but “it’ll be up to the district attorney to tell us if the hearing’s off.”
The commissioners court was scheduled to discuss the legal controversy with an attorney in closed session Friday, but instead settled the issue in a 16-minute open session. Fowler said he had discussed the matter with the county’s attorney (Tyler lawyer Robert Davis).
Byrd, who said he learned of Friday's action from The Mirror, said “I’m not surprised.” He indicated his reaction was based on the fact Judge Davis had granted the motion for emergency relief (which set Ms. Brownlee's salary at the same as Cole's.)
"The commissioners court did not do anything that they were not already under order from the district court to do," Byrd asserted. As for the cost of the county going to district court, Byrd said Judge Fowler was an attorney who could represent the county without the commissioners retaining outside counsel.
The commissioners court had voted Friday to set Ms. Brownlee's pay at $2,249.56 twice monthly. County Treasurer Myra Harris said she will now be paid $3,010.24 in county funds semi-monthly, excluding some longevity pay from her previous job as a Gregg County prosecutor. The state will reimburse the county for the longevity funds, Mrs. Harris said.
Fowler has still proposed cutting the annual salary for Ms. Brownlee's position from $74,000 to $54,000 in the county's forthcoming 2009-10 fiscal year budget, which begins Oct. 1. The court is scheduled to vote on the proposed $17 million budget Aug. 31.
"Seventy-four thousand dollars for an assistant district attorney's just too much money," Fowler told reporters after Friday's meeting.
He said he has proposed cutting several county offices' individual budgets in the new county budget as a "balancing act" to avoid increasing property taxes.
Byrd said Friday he had no comment "right now" on the proposed cut in the new budget. However, he had told a representative of The Mirror Tuesday night that he had tried cases together with Ms. Brownlee when both were Gregg County assistant prosecutors, and that she was one of the state's best prosecutors.
The DA's investigation of the double payments also demonstrated numerous instances of multiple payments by Judge Parish's office to other members of the community, but we see nothing of that in the Gilmer Mirror. Why is that? Because our own local celebrity, Billy Byrd, is the one who issues the press releases...
In reality, there are many instances of people who are overqualified for their jobs accepting positions that require lesser qualifications and credentials. I can think of many non-profits, pro-bono positions, and (oh... I don't know) legislative offices that do not require ANY educational attainment. Yet, where would we be without them?
I do, however, find it interesting that you believe a County Judgeship is an easy job that requires a "very limited skill set."
It almost seems to negate your argument that he is too educated for the job, yet is apparently not smart enough to do it properly.
It would appear to me that you have some sort of personal vendetta against Judge Fowler and/or Robert Bennett.
And although I was slightly uncertain that you would pick up my subtle jab at your voting competency, I can do nothing but smile as I think about you sitting at home writing your brilliant masterpiece in the comments section of the Gilmer Mirror.
I think its fine to be overqualified for a job, that is if you have such a lack of motivation to get out on your own and accomplish something of greater significance. Perhaps someone has failed in their life so much that they have given up on trying to move forward in their career. Most people that are overqualified for a job never get the job they are applying for as the employer knows there is something wrong with a job candidate that is going backwards instead of forward in their career. Maybe someone likes simplicity versus challenges and opportunity, maybe they are depressed and have marriage problems, who knows? It doesn't make any sense to me as to why a person with a law degree would want a position that requires very limited skill sets, but:
Isn’t it funny how Fowler wants to cut the assistant district attorney’s salary yet not too long ago he managed to raise his own salary and others. I believe he received a pretty significant raise in his salary. Anyone care to refute this? Didn’t think so.
My congratulations to the district attorney for standing up for what is right and filing a lawsuit to reverse the lowering of the assistant district attorney’s salary.
When Fowler admitted he paid Bennett twice, and it took the district attorney investigation to bring this forth, he sealed his fate as “grossly incompetent in his job.” Yes, he is overqualified and he is clearly so very “educated” that he cannot perform the “simple duties of a county judge” that requires “no real advanced educational requirements.” The district attorney made Fowler look incompetent in his job. Maybe this is why he wants to try and create havoc with the district attorneys office by stating 74K is too much to pay the assistant district attorney. The salary was fine for her predecessor so why is it too much now? Makes you think doesn’t it.
The basic problem in this discussion appears to be why does Fowler bungle his job so badly when he is so overeducated for his job? Do you really pay someone twice, Robert Bennett, for a number of things and not keep records of what you are doing as a county judge? How can Fowler honestly justify this other than openly saying, “I am incompetent in my job or I was trying to hide this matter?” This problem was brought to the public's attention only because of the Robert Bennett investigation. What about other problems that may not have been in the Bennett investigation and may not be public and "overlooked" by his superiors, because of the “Gilmer justice system?” Since this problem aired in the Gilmer Mirror, no one, including Fowler, has tried to clear this matter with the public. Fowler and everyone else in the “Gilmer legal system” have been quite as church mice trying to dodge the bullet of truth in this matter. Perhaps he's not made any other mistakes, but with his excuse that "he trust people," I would bet that there are alot more problems yet to be uncovered. People trusted Robert Bennett and look what happened to their money. Their money is gone. The people that voted for Fowler must have trusted him at one time for whatever reasons, “now we are all paying for his mistakes and it appears will continue to pay for more mistakes for sometime to come.”
Clearly the writer below needs a mental evaluation for wanting an incompetent to continue in their position where the public trust has been and continues to be betrayed. The taxpayers money has gone to waste because the people that voted for and trusted Fowler to do a good job have been cheated by his lack of care, proper attention to his job, and failure to keep simple records in performing his job. Also, don't forget the cost to the taxpayers for this investigation. Everyone including Fowler was on the timeclock when the investigation was taking place and we the taxpayers paid for all of this. We also paid for his double payments to Robert Bennett and I am sure we will be paying Fowlers salary when he tries to defend the commissioners attempt at lowering the assistant district attorney’s salary or cutting some sort of deal with the district attorney to make this problem go away. Yes, Fowler has job security in defending all these bunglings and we the taxpayers are paying for it.
What about problems that may have not been made public? Fowler may have passed the bar once upon a time, but he has yet to pass basic business and common sense 101. I vote for a firing rather than a salary cut. If I had paid someone twice for the same job, I would have been fired and I'm sure most everyone else would have the same happen to them in their jobs. Where’s Fowlers boss and what do they have to say about this? They should be fired for inaction. If I were Fowler I would have to fire myself for being such a bungler.
Thank God Fowler will be defending the county and commissioners against the district attorney, in the upcoming lawsuit brought by the district attorney. The district attorney is assured a win in this matter and the assistant district attorney is assured equitable pay! Congratulations! Justice prevails against the “legal system” in Gilmer for once!
If Fowler wants to prove his worth to Upshur County then he needs to find a way to stop the district attorney and succeed in lowering the assistant district attorneys salary since he does not think the position warrants 74K a year. A man as smart as him should be able to find the legal reasoning to defend his bold statements. After all, he is over educated for the requirements of a county judge, so the task should be simple for a person of his stature. Otherwise, I think Fowler needs to take a huge pay reduction or better yet resign his position if he is unable to back up his statements.
You're accusing Judge Fowler of being too educated for his position?
You must know someone in the DA's office.
Sometimes, I read the comments section of the Gilmer Mirror, and I really wish standardized tests were mandated for the right to vote.