Hammond v. Harvey

A group of sergeants employed within the county sheriff's office were paid varying amounts within an established pay range. The sergeants filed a grievance regarding the pay disparities. The sheriff's department civil service board upheld the grievance and ordered the sheriff to equalize the pay of all the sergeants in the sheriff's office. On appeal, the county chancery court declared the board's ruling null and void, holding that the board did not have the authority to order pay equalization. The court of appeals agreed that the board exceeded its statutory authority but remanded the cause to the board so it could direct the sheriff to pay all sergeants the same hourly rate. The Supreme Court reversed, holding (1) in the absence of proof that the sheriff violated state law or the sheriff's department civil service manual, the board lacked the power to order salary equalization; and (2) the board exceeded its authority in ordering the sheriff to correct the pay disparity, as there was no proof the sheriff violated state law, and the civil service manual specifically gave the sheriff authority to make individual pay determinations. View "Hammond v. Harvey" on Justia Law