County Takes No Action on Employment Appeal

After Monday’s regular meeting of the Jasper County Commission adjourned, the commissioners had a called meeting concerning an appeal of termination by Andrea Appling, a former employee in the county’s tax maintenance office.

Mrs. Appling’s attorney presented a brief overview of Mrs. Appling’s case. She pointed out that in six years, Mrs. Appling had no disciplinary action. In addition, she said, even though the county’s personnel policy calls for annual evaluations, Mrs. Appling’s first one was in December, 2005.

She said the county provides guidelines, and the county did not follow its own guidelines.
She said unsubstantiated allegations by former Chief Appraiser Brack Bohannon was all that was used by the Board of Assessors to remove Mrs. Appling.

Their actions were not grounded in fact, said the attorney. She said she demands strict adherence to the county personnel policy. She wants her client reinstated and compensated for all back pay.
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The commissioners voted to go into closed session for deliberation of the issue. County Attorney John Nix suggested the motion read exclusively to discuss the issue of Mrs. Appling’s termination, and the commissioners did so.

The law is clear that commissioners may go into closed session to deliberate on a personnel issue, but maintains that all evidence must be given in open session.

When this reporter was asked to leave, I suggested that County Manager Greg Williams also should leave, as he is not a part of the governing authority. Mr. Nix concurred. However, when Commission Chairman Jack Bernard asked me to leave, and I said that Mr. Williams should also leave, Mr. Bernard said, “but we like Greg.” Therefore, Mr. Williams remained in the closed session.

When the commissioners, county manager and attorney came out of closed session, Bob Yarbrough made a motion to take no action, saying he doesn’t feel this board has the authority…that he does not feel the responsibility for the position lies with them. Greg Johnson seconded the motion.

Discussion ensued saying that it is the Board of Commissioners belief that the Board of Assessors has the authority concerning employee termination.

Commissioner Carl Pennamon said it is unclear when the BOA adopted the personnel policy and what procedures should be used. Commissioner Charles Hill said the employee should have the right of appeal.

Mr. Yarbrough summed up the remarks by saying, “let it go to a higher court.”
So, the commission agreed to take no action.