Former warden of the Carroll/Montgomery Regional Correctional Facility, Pete Misskelley, will not receive any grievances from the county and facility after his suit was dismissed last week in Carroll County Circuit Court.
Circuit Judge Clarence Morgan III ruled in Carroll County first judicial district that "Carroll County's motion for summary judgment is well-taken and hereby granted" last Thursday in Carrollton.
Earlier this court session in Vaiden, Morgan heard oral arguments involving insurance attorney Silas McCaharen and Misskelley's attorney Webb Franklin of Greenwood. McCaharen is an attorney with Daniel Coker Horton and Bell of Jackson. He was accompanied by CMRCF attorney Devo Lancaster who represented the county to determine if Pete Misskelley was properly compensated by the county. McCaharen, an experienced attorney with three decades of law practice, specializes in labor and employee laws with counties and municipalities.
According to circuit court records, a motion to dismiss and/or offer an alternative motion for summary judgement of the defendants, Carroll County, and CMRCF.
"Basically what the court said is that the county did nothing wrong, and Mr. Misskelley was paid in full for his time," Lancaster said.
Records showed that Misskelley was employed by the Sheriff, a position held by Don Gray at the time, and the Carroll County Board of Supervisors by a written contract executed in January 2004. The initial term of this contract was to be for a period of one year beginning January 1, 2004 and terminating January 3, 2005. The contract automatically renewed for regular periods of one year unless one of the parties submitted a notice of termination prior to 60 days of the termination date of the contract or each renewal. The contract also could be terminated by the warden's failure or refusal to adequately perform the duties of his employment. In addition to the term of his contract, he received the benefits of Carroll County's personnel policy which was set forth in a written handbook and covered all Carroll County employees at CMRCF.
In April 2007 Sheriff Don Gray wrote the Carroll County Chancery Clerk Sugar Mullins that Misskelly had resigned as warden effective April 22, 2007. The records state that there is no written document from Misskelly resigning his position, however, he apparently asked for and received his regular salary through April 30, 2007, compensation for 24 days of unused vacation and 193 hours of compensatory time in a total amount of $14,800.80. The payment of these items was approved by Gray on April 26, 2007. The Board of Supervisors took no action on any of these matters, but the compensation was paid. On May 4, 2007, by written correspondence Gray informed Mullins that Misskelly would re-assume his duties as warden on May 7, 2007, and that the period from April 30, 2007, through May 6, 2007, would be considered an unpaid leave of absence.
In October 2007 Misskelly's medical condition deteriorated to the point that his doctor advised that he was disabled to work. He, then through Gray, applied to the board for catastrophic leave pursuant to the county's personnel policy. The board approved the request in November 2007, pending determination of ending date. On November 16, 2007, the board finally approved the leave for the period November 9, 2007 through December 31, 2007. At the time of the request Misskelly had accumulated 275 days of catastrophic leave. The board 's action awarding him 52 days of catastrophic leave left him with 223 day of unused leave which the board certified to the Public Employees Retirement System for consideration as credible service. In his claim, Misskelly acknowledges that the board terminated his catastrophic as of December 31, 2007 and that he appeared before the board to protest the termination date and request that the leave be extended to the full 275 days. The board declined to take action and in fact took no further action concerning the leave.
According to the suit, the estimated reduction of Misskelly's retirement benefits, based upon the county's actions to terminate his catastrophic leave was at $19,000 per year. The suit stated Misskelly suffered a monetary loss of approximately $323,000 over the life of his retirement over the next 17 years.
According to jail records, Misskelly earned over 2,000 hours for usage of the leave. The records define a catastrophic injury or illness as a severe condition affecting the mental or physical health of an employee or member of an employee's immediate family. It also states all unused catastrophic leave shall be carried over into subsequent calendar years and any unused leave shall be counted as credible service for the purpose of the retirement system upon termination of employment.
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