Blevins to follow court order, reinstate employees
by December 11, 2011 7:38 pm 127 views
Sebastian County Circuit Clerk Ken Blevins has blinked.
Blevins, who faced a contempt of court charge and possible arrest, has agreed to allow employees Tyanna Caldwell and Cassie Vega to return to work in the clerk’s office.
Blevins fired Caldwell and Vega on Nov. 16, but a grievance committee ruled Dec. 7 that he did not have cause to fire them. A subsequent order from Sebastian County Judge David Hudson required Blevins to allow the two employees to return to their jobs. However, Blevins refused, and on Friday morning had a Sebastian County Sheriff’s deputy escort the women out of the office.
By Friday afternoon, Sebastian County Prosecutor Dan Shue prepared a document, signed by all six judges in the Sebastian County Circuit Court system, that forces Blevins to allow Caldwell and Vega to return to their jobs at 8 a.m. on Monday (Dec. 12). Shue said failure to follow the order would now subject Blevins to “the contempt powers of the Circuit Court.” Failure to follow the order could have resulted in Blevins’ arrest and, possibly, removal from office.
Blevins said Friday afternoon he was not impressed by Shue’s action.
“I don’t ever intend on having those girls back in my office,” Blevins said in a brief interview with The City Wire.
But Blevins had changed his tune by Sunday evening.
“I, Sebastian County Circuit Clerk Ken Blevins, have decided, for the betterment of the County, to comply and follow the "Motion to Enforce County Court Order" issued to me by Sebastian County Prosecuting Attorney Daniel Shue,” Blevins noted in the introductory paragraph of a statement sent to the media.
Blevins continues to dispute the facts and the process. He suggested in his statement that county grievance hearings violate Arkansas’ Constitution. He also says he had “legal and sound reasons” for firing Caldwell and Vega.
Following is the complete statement from Blevins.
I, Sebastian County Circuit Clerk Ken Blevins, have decided, for the betterment of the County, to comply and follow the "Motion to Enforce County Court Order" issued to me by Sebastian County Prosecuting Attorney Daniel Shue
While there are legal procedures availiable that could delay this action, and there are precedents showing previous County Officials not being treated in the same way for not complying, I feel that now isn’t the time to fight those battles.
In the United States District Court Civil Action I was served on Friday, I was named Co-Defendant with County Judge David Hudson. This is important because it implies that the Plaintiffs feel that the County Judge is responsible for the actions of the Circuit Clerk’s office.
My reason for termination of Tyanna Caldwell and Cassandra Vega related to insubordination which is defined as: failure or refusal to recognize or submit to the authority of a superior.
My contention was and is that there was a misunderstanding as to who was in charge of the Circuit Clerk’s office; which is not David Hudson.
Possible reasons for this misunderstanding could be the use of archaic and outdated Grievance Hearings against elected officials. The Arkansas Constitution sets forth that all elected County officials are considered equals. If this is true, then compelling the Circuit Clerk to comply with findings from the efforts of the County Judge’s Grievance Hearing procedure sets the County Judge as having control not granted to him by the Arkansas Constitution.
To avoid this argument, I would like the practice of using Grievance Hearings against elected County officials to cease. They cause far more problems than they solve. I did not fire my employees without legal and sound reasons.