Sioux County board takes no action on move to reduce deputy's pay
By Mike Koehler, Journal staff writer | Posted: Wednesday, August 13, 2003
The Sioux County Board of Supervisors took action Tuesday by taking no action on a filing by Sheriff Jim Schwiesow to further reduce the pay for demoted deputy Dan Altena.
"It wasn't acted upon, so therefore it (the salary) was maintained at the current level," said Mark Sybesma, chairman of the Sioux County Board of Supervisors.
Also on Tuesday, an opinion from County Attorney Melissa O'Rourke helped answer some questions regarding the authority of the county board as it pertains to the operation of the Sioux County Sheriff's Office. Sybesma had requested the opinion a week ago.
Prior to the meeting, Altena's wage issue remained in the air after Schwiesow filed paperwork Aug. 1 to defy an earlier board of supervisors ruling and lower his pay to that of a patrol deputy. A Sioux County patrol deputy is paid $19.37 per hour.
On July 1, the board of supervisors overruled Schwiesow's first pay reduction that bumped Altena back to patrol deputy pay after his demotion. The county board on July 1 reduced Altena's rate of pay to 82.5 percent of the sheriff, who earns $58,240 per year. As chief deputy, Altena would have made 85 percent, or $49,504. The board's July action set Altena's salary at $48,048. The most recent filing by Schwiesow, if approved, would mean Altena would be paid $42,536 as a patrol deputy.
Schwiesow's Aug. 1 filing was a continuation of the wrangling between the sheriff and the board over the demotion of Altena, who said he believes he lost his rank after making public his intent to run against his boss in the next election. Schwiesow has said Altena's demotion was the result of a sullen attitude and other job-related problems. Former chief deputy Del Walinga has been reinstated to that position.
Last week, Schwiesow told the Journal that he believes the sheriff has the right to specify wages. He has submitted several Iowa Supreme Court and Iowa Attorney General opinions to back his position. In a letter, he has also threatened legal action if the county board interferes with the operations of his office.
"He is performing as a road deputy," Schwiesow said after filing the paperwork to reduce Altena's salary. "That is what he is going to be paid."
The purpose of O'Rourke's memorandum presented at Tuesday's meeting was to respond to questions and provide information regarding the establishment of wages for sheriff's office employees.
Iowa Code 331.904 deals with salaries of deputies, assistants and clerks. The code states that the sheriff shall set the annual base salary of each deputy sheriff who is classified as exempt under the federal Fair Labor Standards Act. Exempt deputies include managers in the department such as a chief deputy and lieutenants. The section also stated that the county board sets the salaries of nonexempt deputies. They are covered by a negotiated labor contact under the Fair Labor Standards Act.
"While an Iowa county sheriff is a supervisor of deputy sheriffs, the employer of the deputy sheriffs in a county is the board of supervisors," O'Rourke said in her opinion.
In other action in response to Schwiesow's Aug. 1 job status filings:
-- Judy Plendl, formerly a jailer, has been approved to be promoted to a full-time jail supervisor with an increase in hourly pay from $13.98 to $14.63 per hour.
-- Jamison "Jamie" Van Voorst had been requested by Schwiesow to have an increase in pay from $19.37 per hour to $21.88 per hour to head the legal paperwork service as an operations deputy. However, since there was no such position negotiated with the union, the board took no action Tuesday.
-- George "Tom" Sedgewick was to have an increase in pay from $14.63 per hour to $19.37 per hour as a transportation officer, according to Schwiesow's filing. The board considers him a jail employee and will pay him what a jailer makes ($14.63) and not what a deputy earns because there are a set number of deputies in the county and one cannot be added without the approval of the board of supervisors.
Mike Koehler may be reached at (712) 293-4219 or mikekoehler@siouxcityjournal.com.
"It wasn't acted upon, so therefore it (the salary) was maintained at the current level," said Mark Sybesma, chairman of the Sioux County Board of Supervisors.
Also on Tuesday, an opinion from County Attorney Melissa O'Rourke helped answer some questions regarding the authority of the county board as it pertains to the operation of the Sioux County Sheriff's Office. Sybesma had requested the opinion a week ago.
Prior to the meeting, Altena's wage issue remained in the air after Schwiesow filed paperwork Aug. 1 to defy an earlier board of supervisors ruling and lower his pay to that of a patrol deputy. A Sioux County patrol deputy is paid $19.37 per hour.
On July 1, the board of supervisors overruled Schwiesow's first pay reduction that bumped Altena back to patrol deputy pay after his demotion. The county board on July 1 reduced Altena's rate of pay to 82.5 percent of the sheriff, who earns $58,240 per year. As chief deputy, Altena would have made 85 percent, or $49,504. The board's July action set Altena's salary at $48,048. The most recent filing by Schwiesow, if approved, would mean Altena would be paid $42,536 as a patrol deputy.
Schwiesow's Aug. 1 filing was a continuation of the wrangling between the sheriff and the board over the demotion of Altena, who said he believes he lost his rank after making public his intent to run against his boss in the next election. Schwiesow has said Altena's demotion was the result of a sullen attitude and other job-related problems. Former chief deputy Del Walinga has been reinstated to that position.
Last week, Schwiesow told the Journal that he believes the sheriff has the right to specify wages. He has submitted several Iowa Supreme Court and Iowa Attorney General opinions to back his position. In a letter, he has also threatened legal action if the county board interferes with the operations of his office.
"He is performing as a road deputy," Schwiesow said after filing the paperwork to reduce Altena's salary. "That is what he is going to be paid."
The purpose of O'Rourke's memorandum presented at Tuesday's meeting was to respond to questions and provide information regarding the establishment of wages for sheriff's office employees.
Iowa Code 331.904 deals with salaries of deputies, assistants and clerks. The code states that the sheriff shall set the annual base salary of each deputy sheriff who is classified as exempt under the federal Fair Labor Standards Act. Exempt deputies include managers in the department such as a chief deputy and lieutenants. The section also stated that the county board sets the salaries of nonexempt deputies. They are covered by a negotiated labor contact under the Fair Labor Standards Act.
"While an Iowa county sheriff is a supervisor of deputy sheriffs, the employer of the deputy sheriffs in a county is the board of supervisors," O'Rourke said in her opinion.
In other action in response to Schwiesow's Aug. 1 job status filings:
-- Judy Plendl, formerly a jailer, has been approved to be promoted to a full-time jail supervisor with an increase in hourly pay from $13.98 to $14.63 per hour.
-- Jamison "Jamie" Van Voorst had been requested by Schwiesow to have an increase in pay from $19.37 per hour to $21.88 per hour to head the legal paperwork service as an operations deputy. However, since there was no such position negotiated with the union, the board took no action Tuesday.
-- George "Tom" Sedgewick was to have an increase in pay from $14.63 per hour to $19.37 per hour as a transportation officer, according to Schwiesow's filing. The board considers him a jail employee and will pay him what a jailer makes ($14.63) and not what a deputy earns because there are a set number of deputies in the county and one cannot be added without the approval of the board of supervisors.
Mike Koehler may be reached at (712) 293-4219 or mikekoehler@siouxcityjournal.com.
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