Two Swift County, Minn., officials sue for compensation – West Central Tribune

BENSON — Two Swift County elected officials have filed civil lawsuits accusing the county board of commissioners of violating state statutes and ignoring advice from a consulting firm for the Association of County Minnesota when setting their salaries for 2025.

Sheriff John Holtz and County Attorney Danielle Olson are asking the Swift County District Court for a hearing on the claims and for the court to set their salaries at the levels they proposed. If the court does not set a new salary, Holtz asked it to send the matter back to the county board to review the salary based on the requirements of state law governing salaries for Minnesota sheriffs.

The County Board of Commissioners approved a 4.5 percent across-the-board salary increase for each of the office holders at the Dec. 17 board meeting. It will increase the county attorney’s salary from $120,295 in 2024 to $125,709 in 2025. It will increase the sheriff’s salary from $128,504 this year to $134,287 in 2025.

Both lawsuits accuse the general increase of being “arbitrary, capricious, oppressive and occurring without due regard to the extent of the responsibilities and duties of said position and the experiences, qualifications and responsibilities (of the holder of the position) as requires the law.” .”

The sheriff alleges the action violates Minnesota Statute Section 387.20, which governs the setting of sheriffs’ salaries. The county attorney alleges the action violates Section 388.18, which governs the setting of salaries for county attorneys.

Both lawsuits cite subdivisions of the laws that allow appeals. If the court finds the action to be “arbitrary, capricious and oppressive” as alleged, it could set new wages or send the matter back to the county board for reconsideration.

Both lawsuits also claim the county board ignored advice offered by David Drown and Associates to the Minnesota Association of Counties and that was provided to Swift County. The lawsuit cites David Drown and Associates as advising: “What not to do: Don’t give a blanket percentage raise to all elected office holders. »

At their September meeting, Holtz expressed dissatisfaction with the possibility of an across-the-board increase in commissioner salaries. At that time, he pointed out that his salary was lower than the statewide average sheriff’s salary of $139,069, despite the fact that he has more than 26 years of law enforcement experience in the county.

He told commissioners his salary was lower than sheriffs stationed in neighboring counties with fewer years of experience in that role.

Holtz also asked the board for compensation for his role as deputy director of emergency management and back pay for 12 years of unpaid service in that role. He asked for $56,400 in back pay and noted that Stevens County sets the emergency manager’s annual compensation at $4,700 a year.

Commissioners approved the 4.5% salary increase at the Dec. 17 meeting, but took no action on compensating the emergency management role. The agenda item presented to the board to set salaries for elected officers called for $4,700 for the emergency management role, but that was not acted upon.

Holtz told the West Central Tribune that he was told after the meeting that commissioners rejected emergency management compensation based on a commissioner’s statement that the role was an assigned task.

In Olson’s lawsuit, she noted that the motion to provide for 4.5 percent raises was made with the declaration of being “consistent” with what other elected officials and other county employees have received.

In the lawsuits, Olson asks the court to set his salary at $135,000 and Holtz asks the court to set his salary at $149,800.