A controversy over hiring and employee management set up a confrontation between Perry County’s new Probate Judge, Carlton Hogue, and the Perry County Commission at its montly meeting on Tuesday, Feb. 11.
Hogue says he hired former Probate Judge Eldora Anderson to fill in as a clerk in his office while he and his chief clerk were out of town attending required orientation and training.
Hogue said Anderson’s experience made her a natural fit to fill the temporary need.
Refusing to pay Andeerson, Perry County Commission Chairman Albert Turner cited the state’s Revolving Door Law, which prevents former officials from working in some jobs related to their former positions. The law was primarily designed to prevent former politicians from lobbying or otherwise engaging in financial relationsips in which they could have a conflict of interest.
Hogue addressed the commission during its regular session. He pointed out an email he said Anderson had received from the Alabama Ethics Commission regarding the matter. The email indicates that Anderson had asked the Commission for guidance before accepting the temporary clerk position.
Hogue read from the response: “There is nothing in the ethics act that would prohibit you,” from taking on the job. “Now,” he asked the commission’s acting attorney, “What else would I need?”
The attorney who was filling in for regular County Attorney Prince Chestnut, said he and Attorney Chestnut would have to follow up with their own contacts at the Ethics Commission on the matter, if the county requested them to. “There has to be formal requests made and formal responses,” which he said had not happened in this case becuase the request was made by “someone other than the Commission.”
“I’m not going to be railroaded,” said Hogue, presenting commissioners with Attorney General’s opinions and other docuementation that he said supported his case, and showed that the commission was attempting to “have control over every office in that courthouse. And mine will not be one of them.”
Hogue addressed criticism from Turner regarding his early dismissal of Probate Office employees due to inclement weather. Turner’s position was that only the commission has the authority to close county offices.
“If I’m sitting in my office and the weather is bad, I’m not waiting on you. I’m going to send my employees home. And I’m going to tell you, you cannot hold their check.”
Commissioner Brett Harrison made a motion that the county generate the necessary contract and paperwork to pay Anderson for the 20 hours she had worked.
“We will get legal counsel involved,” said Turner, refusing to recognize the motion. “There is no motion.”
“After conversing with my attorney, he recommended we get an AG’s opinion. I’m quite sure that finding will rule in her favor,” said Hogue.
Hogue noted that a number of the commissioners would be up for re-election next year, and that his office would be in charge of overseeing the administration of the election: “We’ve got next year to deal with this. Good night.”
