County eyes mistake in county attorney pay

FAYETTEVILLE — Justices of the peace want independent legal advice before agreeing to give County Attorney Brian Lester back pay, they said during the finance meeting Monday.

“It just concerns me from a legality standpoint,” said Eva Madison, a Democrat representing northeastern Fayetteville. “I’m all for fixing it, if legally we can.”

Madison and other justices of the peace said they are unsure the county can fix a mistake made in Lester’s salary last year. The budget last year left off about $6,058 from his pay.

The Quorum Court approved a $76,300 salary for the county attorney salary in 2016. Lester said in a Jan. 11, 2017, email that his salary was $70,000 for 2017.

The 2018 budget lists Lester’s position at $72,450, according to online budget records.

According to an ordinance meant to correct the salary, Lester is owed $744 so far this year. He asked the committee Monday for a total of $16,040 to fix the problem.

If approved, the change will impact the county’s general fund, Comptroller Ashley Farber said.

Lester said the mistake is linked to the county paying Lester and former County Attorney Steve Zega during the first few weeks of 2017.

Zega’s pay overlapped with Lester because Zega filed a grievance against Washington County Judge Joseph Wood. Wood had terminated Zega when Wood took office, and Lester was

hired in Zega’s place.

The grievance kept Zega’s pay coming until a committee could hear his case. A committee found in favor of Zega, but Wood did not rehire him. A lawsuit linked to Wood’s hiring practices when he first took office is ongoing.

Justices of the peace said Monday they want legal advice from the Association of Arkansas Counties about whether the Quorum Court can retroactively pay Lester. The Quorum Court will consider the adjustments during its regular meeting Thursday, justices of the peace decided.

Also Monday, the committee approved moving a technology position, of about $87,300, to the Assessor’s Office. The move saves the county money by using the assessor’s special fund for administrative costs.

The committee also approved a library position, a position’s title and grade change and applying for a grant to improve Parker Branch Road. Those changes will not impact the county’s general fund, Farber said.