As the duly elected county clerk for Jefferson County, it is challenging when the community is provided with false information and even more so disingenuous when the county judge, who swore the same oath as myself, blatantly provides false information to not only county employees but also the public regarding the recent payroll issues.
The last month has been a great testament to my sworn duty to ensure that the state laws backed by the Arkansas Constitution are upheld with the highest regard. I have worked for Jefferson County for almost 20 years and as your duly elected county clerk for seven of those years. I have never seen such blatant disregard for the law with any other county judge since my tenure with Jefferson County.
For the constituents who know me, I never have to speak about my character and/or what I stand for as my work has always spoken for me. It has always been my sole commitment to uphold the law and I will continue to do so.
I want to briefly touch on several statements and/or documents that the county judge has released over the past few weeks.
Independent reporting for Pine Bluff & Jefferson County since 1879.
1. The County Clerk is Jefferson County HR
A. There are some counties in which the county clerk is the human resource department, however, this statement is false. A human resource department would be responsible for things like hiring, firing, training, compliance, workplace safety, and administering employee benefits, etc. to name a few, but this task has always rested solely with each department, mainly because each office has various requirements that may or may not pertain to another department. Each office has the resource of utilizing the various attorneys provided by Association of Arkansas Counties for any concerns regarding Arkansas law as it pertains to employment, wage and hour, voting laws, etc. This office processes payroll, employee benefits, and any other duties required by state or county law and/or auditors.
2. The County Judge has provided copies of an employee handbook that he believes is the overall county handbook
A. The handbook circulating around Facebook and/or other social media platforms is the handbook adopted by the county judge for his employees. The current ordinance in place for Jefferson County 2022-41 that was updated and passed under this county judge’s administration clearly references that each office maintains separate personnel policies but must have the same uniform attendance and leave policy. This means that no elected official is required to follow the manual the county judge has presented until the Quorum Court adopts an ordinance that repeals and replaces the current ordinance in place to be as such.
3. The County Clerk has refused to follow my directive given by court order filed in her office
A. The court order that was filed and submitted to my office on three separate occasions cannot give me the authority to violate the Arkansas Constitution. The county judge’s use of a limited judicial role (court order) to execute an executive function was an attempt to circumvent the authority of another elected official which would still place me in a position to violate my constitutional duty. Amendment 55 section 3 gives the county judge permission to hire county employees, except those persons employed by other elected officials of the county, among other things. Issuing a court order to terminate an employee from another elected official’s payroll would be a violation for myself as well as the county judge. I implore you to review the following laws as it pertains to the county judge: 14-14-1002, 14-14-1102, 14-14-1105, and specifically 14-14-805 regarding jurisdiction of county court (orders) and legislative powers denied.
In lieu of recent events and actions taken by the county judge, I do not disagree that, going forward, a human resource department may be necessary to ensure that these types of issues can be resolved in a timely manner.
The April 30 payroll delay that impacted the county employees rests in the hands of the county judge who stated in an email reply to all department heads dated April 11, “It is solely my decision to suspend payroll until Ms Yvonne Humphrey is removed from the April 15th, 2024 payroll claim.”
This decision on the April 15th and April 30th payroll halted payroll for all county employees. Please note that NO persons received compensation for wages prior to May 1, 2024 (including the elected officials). Without the county judge’s signature, no check can be cut to any vendor or employee.
All elected officials should work together for the good of Jefferson County. Every elected official has the duty to uphold the constitution and follow the law. There are procedures and policies in place that are not only created on a county level but on a statewide level. Each year counties are audited by state Legislative Audit (each office) and a fact findings report is submitted to the elected officials and quorum court members. If the county judge has an issue with any department or has information that he deems inappropriate, those findings can be provided to Legislative Audit for review. If auditors find any violations and/or criminal activity, the information is provided to the prosecuting attorney.
This process is consistent with the audits conducted for Jefferson County in the years 2013, 2014, and 2016 where over payments, unauthorized bonuses, non-compliance issues, etc. were discovered and handled accordingly including repayments and prosecution. If the county judge truly has the public and county employees’ best interests in mind, then he should follow the proper procedures by reporting any concerns to the proper authorities for resolution.
I am grateful to all Jefferson County elected officials, state officials, and Department of Labor for their support during this difficult process of ensuring that our employees were paid their due wages. These people were instrumental in demanding accountability and transparency from the county judge who ultimately signed the payroll claim with the two employees receiving wages as submitted from my office on April 18, 2024.
There were no special calculations or changes made as the public had been led to believe. The county judge did submit another court order requesting me to hold the (2) checks but my position has been and will continue to be the same whereas he does not have any authority to utilize a court order to direct me to violate the Arkansas Constitution by interfering with another elected official’s employee.
Thank you for your trust in me as I stand committed to serving all Jefferson County citizens with the upmost integrity.
I am honored to serve Jefferson County.
Shawndra Taggart is Jefferson County county clerk.