County judge, assessor set hearing in lawsuit

The case of Jefferson County Assessor Gloria Tillman v. County Judge Gerald Robinson took a twist Monday morning, adding a hearing for Aug. 21.

Both sides met Monday morning for a hearing in the 2nd Division of the 11th West Circuit Court before Special Judge William “Randy” Wright. Tillman sued Robinson over a one-day delay in pay for more than 400 county employees. The employees were eventually paid May 1.

“This judge, for whatever reason, intentionally denied 400 county employees their pay,” Tillman’s attorney, Luther Sutter of Little Rock, said, pointing to Robinson. “The fact that they were paid the next day does not dispose of that fact.”

Sutter filed an amendment to the lawsuit Monday morning, adding Morgan Tillman, Gloria’s daughter, as a plaintiff and two new counts against Robinson, bringing the total number to five. Sutter said the amendment came because of a ruling Friday in the same courtroom by Special Judge Gary Arnold, who found Robinson in contempt of a November 2023 court order and ruled Robinson continued to deny payment claims from Sheriff Lafayette Woods Jr.’s office in an arbitrary and capricious manner.

The new counts allege actions by Robinson in other matters that have drawn criticism from many members of the Quorum Court.

Among the key items in Count IV, Robinson is accused of:

Paying lawyer fees without proper authorization from the Quorum Court, but refusing to pay attorneys defending Jefferson County as specifically authorized by the county’s governing body (resulting in waste, the amended suit states).

Directing the county treasurer to withdraw $198,981.74 from Simmons Bank to pay bills without Quorum Court approval.

Spending money with Reynolds Construction, landscaping maintenance and landscaping services without proper authorization or seeking bids.

Incurring “several hundred thousand dollars in bills in excess of his budget without Quorum Court approval and without seeking bids.”

Authorizing $70,000 for cleaning services that did not take place and purchasing 25 cellphones for non-county employees, with the county paying the resulting service bills.

Failing to pay wages due in violation of the county budget, which incurred fees and costs.

Paying vendors in a timely manner despite the court order and causing a waste of public money (“and will do so in the future,” the suit reads).

Wasting more than $300,000 in public money by incurring attorney’s fees and costs from his own and opposing counsel (an alleged example is that Robinson knowingly violated the Freedom of Information Act, causing the county to pay thousands of dollars in fees and costs).

Selling county equipment without following state law.

According to Count V:

Former Assessor Yvonne Humphrey hired Morgan Tillman, who does not directly work under Gloria Tillman.

Morgan Tillman is properly employed, but Robinson has tried to fire her and revoke her access card.

Morgan Tillman seeks a declaratory judgment that she is properly employed, along with an injunction requiring her access card to be reinstated.

The suit also alleges:

In Count I, that Robinson failed to pay Tillman and the class wages on the due date.

In Count II, that Robinson converted the money for pay.

In Count III, that Robinson took the money with due process, resulting in taking without just compensation in violation of the state constitution.

The delay in pay centered on Robinson’s dispute that Morgan Tillman and Humphrey were not entitled to benefits due to disputed pay claims. Gloria Tillman denies Robinson’s assertion that Morgan Tillman is working in violation of county nepotism policy, stating Morgan does not work under her direct supervision. Robinson also believes Humphrey, a former elected assessor, is not entitled to 675 hours of sick pay as claimed, saying Humphrey lost those hours before she was elected in 2010.

Morgan Tillman and Humphrey were not named in the original filing.

Both Sutter and defense attorney Casey Castleberry of North Little Rock agreed to a 1:30 p.m. hearing Aug. 21 to continue the matter. Castleberry has also been given 20 days to respond to the amended suit.

“We appreciate the Court’s consideration of our arguments today and look forward to returning on August 21 to present our arguments as to the new claims brought this morning,” Castleberry said. “Judge Robinson has a constitutional and statutory duty to make certain that all county funds are spent in accordance with the budget and with all ordinances passed by the Quorum Court.

“The payments to Ms. Humphrey and Ms. Tillman in the April payroll affidavit are in violation of county ordinances, and that is why they were denied. Judge Robinson has done everything in his power to ensure that the dedicated men and women working for Jefferson County are timely paid for their services, and he will continue to do so.

“As to the new counts brought today, Judge Robinson vehemently denies that he has improperly expended county funds or caused any waste of public money, and he maintains that the nepotism policy that has been in place for years should be followed.”

Sutter also has a motion for class certification pending. Tillman has sued for appropriate and compensatory damages exceeding $750,000.

No testimony was given Monday, but Sutter told Wright he will need three hours to depose Robinson on Aug. 21. Sutter reasoned Robinson needs to explain himself to the people.

“My original intent was to get the employees paid, and I think we accomplished that,” Sutter said. “However, in the interim, some of these employees were living paycheck to paycheck, and you can’t take someone’s paycheck like this.”

Robinson contends he instructed County Clerk Shawndra Taggart to process all county paychecks except for ones for Gloria Tillman and Humphrey in the beginning. Taggart said in a town hall meeting April 30, the day the checks were delayed, she did not have Robinson’s approval to process the checks.

Castleberry contends Robinson is a state official entitled to sovereign immunity in approving or denying payment under state constitution, a point that Sutter refutes.

“Judge Robinson has no badge of state authority,” Sutter told Wright. “He is a county official elected by the people of Jefferson County. Sovereign immunity is only invoked when we deal with the state treasury. These were not state monies, but county taxes.”